[1649/5/225]¹

Act in favour of Margaret Williamson

The estates of parliament, having heard and considered the supplication given in to them by Margaret Williamson, spouse to James Wemyss, and recommended by the commissioners of the general assembly to the said estates of parliament, showing that where James Wemyss, her husband, having received with her as heritor a tenement of houses in the town of Cupar, with four acres of land lying beside the said town, yet notwithstanding the said James Wemyss, without any cause or wrong done by her to him, has most unnaturally and unjustly ejected her out of her said house, as a testification from the kirk session of Cupar does testify; and albeit she has often times most humbly required him to suffer her to live peaceably at home with him, he does not only refuse to do the same but on the contrary threatens to kill her if ever she come in his sight, whereby she is brought to a very deplorable and destitute estate and condition, having the burden of three poor children procreated between her and him. By reason whereof, having procured a warrant from the committee of estates for citing him to compear before them, yet he obstinately disobeyed the said citation until at length she was forced to submit herself to the commissioners of the general assembly, who, taking her sad condition to heart, did recommend her to the said estates of parliament, likewise they by their act of 7 June did ordain her to have the duty of an acre of land and a house to which she is infeft in conjunct fee with her husband to be intromitted with by her at this last term of Whitsunday [13 May]. And because it is necessary that her said husband be cited whereby the same may be effectual to her, therefore humbly supplicating the said estates of parliament that she may have a warrant to cite the said James Wemyss, her husband, personally or at his dwelling house, to compear before the said estates of parliament (or the committee of estates if the parliament be up), to hear and see the duty of the said acre of land and house be ordained and determined to appertain to her and to be intromitted with for her own proper use, according to her liferent right of the same, and a warrant directed to the provost and bailies of Cupar to put and keep her in possession of the same, and to answer further in the said matter as shall be needful, as at more length is contained in the said supplication. Which, with the report of the committee of bills relating thereto, being taken into consideration by the said estates of parliament, they find that the said James Wemyss has been cited before the committee and did not compear; as likewise by the testificate from the kirk session of Cupar the said supplicant is most wrongfully without any just cause put away from her husband. Therefore they have ordained and ordain the magistrates of Cupar to possess the said supplicant in the acre of land lying near Cupar wherein she is infeft in conjunct fee, with power to her to intromit with the profit thereof since the term of Whitsunday last and in time coming during the non-cohabitation of the said James with her, and ordain letters to be directed in common form for charging the said magistrates of Cupar for possessing her as said is, she always bringing up and supporting the youngest child procreated between them.