Domestic annals of Scotland : $b from the revolution to the rebellion of 1745Chambers, Robert
History
Domestic annals of Scotland : $b from the revolution to the rebellion of 1745
Chambers, Robert
Scotland -- History -- 1689-1745
The _Postman_, a journal of the day, relates the last moments of the
unhappy young man. ‘He walked thither [to the place of execution—a mile
from the prison] on foot, between a strong guard of fusiliers drawn up
in two lines. Several ministers assisted him in his last moments; and,
according to all human appearance, he died with all the marks of a true
penitent. When he was called out of the prison to the City
Council-house, before his going to the place of execution, as is usual
on such occasions, he delivered his thoughts at large in a paper written
by him, and signed with his own hand, and then requested the ministers
that were present [Sidenote: 1696.] to pray for him, which they did; and
afterwards he himself prayed, and several times invocated the blessed
Trinity, as he did likewise at the place of execution, holding all the
time the Holy Bible in his hand; and, being executed, he was buried at
the foot of the gallows.’
[Sidenote: 1697. JAN. 16.]
There had been for two years under process in the Court of Session a
case in which a husband was sued for return of a deceased wife’s
_tocher_ of eight thousand merks (£444, 8_s._ 10_d._⅔), and her
_paraphernalia_ or things pertaining to her person. It came, on this
occasion, to be debated what articles belonging to a married woman were
to be considered as _paraphernalia_, or _jocalia_, and so destined in a
particular way in case of her decease. The Lords, after long
deliberation, fixed on a rule to be observed in future cases, having a
regard, on the one hand, to ‘the dignity of wives,’ and, on the other,
to the restraining of extravagances. First was ‘the _mundus_ or
_vestitus muliebris_—namely, all the body-clothes belonging to the wife,
acquired by her at any time, whether in this or any prior marriage, or
in virginity or viduity; and whatever other ornaments or other things
were peculiar or proper to her person, and not proper to men’s use or
wearing, as necklaces, earrings, breast-jewels, gold chains, bracelets,
&c. Under childbed linens, as _paraphernal_ and proper to the wife, are
to be understood only the linen on the wife’s person in childbed, but
not the linens on the child itself, nor on the bed or room, which are to
be reckoned as common movables; therefore found the child’s spoon,
porringer, and whistle contained in the condescendence [in this special
case] are not paraphernal, but fall under the communion of goods; but
that ribbons, cut or uncut, are paraphernal, and belong to the wife,
unless the husband were a merchant. All the other articles that are of
their own nature of promiscuous and common use, either to men or women,
are not paraphernal, but fall under the communion of goods, unless they
become peculiar and paraphernal by the gift and appropriation of the
husband to her, such as a marriage-watch, rings, jewels, and medals. A
purse of gold or other movables that, by the gift of a former husband,
became properly the wife’s goods and paraphernal, exclusive of the
Public-domain text, read in full here on John Shaqi.
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