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
husband, are only to be reckoned as common movables _quoad_ a second
husband, unless they be of new gifted and appropriated by him to the
wife again. Such gifts and presents as one gives to his bride before or
on the day of the marriage, are paraphernal and irrevokable by the
husband [Sidenote: 1697.] during that marriage, and belong only to the
wife and her executors; but any gifts by the husband to the wife after
the marriage-day are revokable, either by the husband making use of them
himself, or taking them back during the marriage; but if the wife be in
possession of them during the marriage or at her death, the same are not
revokable by the husband thereafter. Cabinets, coffers, &c., for holding
the paraphernalia, are not paraphernalia, but fall under the communion
of goods. Some of the Lords were for making anything given the next
morning after the marriage, paraphernalia, called the _morning gift_ in
our law; but the Lords esteemed them man and wife then, and [the gift]
so irrevokable.’[197]
[Sidenote: JAN. 30.]
John, late Archbishop of Glasgow, having applied to the king for
permission to go to Scotland ‘for recovery of his health,’ obtained a
letter granting him the desired liberty under certain restrictions. On
the ensuing 16th of March, there is an ordinance of the Privy Council,
appointing the town of Cupar, in Fife, and four miles about the same, as
the future residence of the ex-prelate, provided he give sufficient
caution for keeping within these bounds, and entering into no
contrivance or correspondence against the government.
On the 15th of April, the archbishop, having found no ‘convenient
lodging for his numerous family in Cupar,’ was permitted, on his
petition, to reside in the mansion of Airth, under the same conditions.
Two months later, this was changed to ‘the mansion-house of Gogar, near
to Airth, within the shire of Clackmannan.’ The archbishop does not
appear to have been released from his partial restraint till February
1701.[198]
[Sidenote: FEB.]
Commenced an inquiry by a commission from the Privy Council into the
celebrated case of _Bargarran’s Daughter_—namely, Christian Shaw, a girl
of eleven years old, the daughter of John Shaw of Bargarran, in
Renfrewshire. A solemn importance was thus given to circumstances which,
if they took place now, would be slighted by persons in authority, and
scarcely heard of beyond the parish, or at most the county. It was,
however, a case highly characteristic of the age and country in which it
happened.
Public-domain text, read in full here on John Shaqi.
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