Scottish Court of Session Decisions

Subject_1 HUSBAND AND WIFE.

Lady Leckie
v.
Moir of Leckie

Date: 6 December 1750
Case No. No. 35.

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A husband having to some of his friends reproached his wife with lasciviousness, and even a most insatiable lust, to justify himself from a reproach that he was suspected of, and wherewith he said she charged him, viz. impotency, and these friends having propalled the scandal against the wife; the wife pursued a separation and aliment; and in the whole course of that process he, or at least his counsel in his name in their pleadings and writings, charged her with the same lascivious behaviour and immoderate lust, as the cause of their disagreement, and of the scandal of impotency raised against him, and maintained the truth of the information he had given his friends, though they owned they could not prove it. The Commissaries, after proof taken, found sufficient cause for separation and aliment. But on a bill of advocation we at first altered, and remitted with instructions to find no sufficient cause for separation. But on a reclaiming petition and a hearing in presence for three days, we altered our opinion, and refused the bill of advocation simply. We thought that her husband had ruined her character and good name in the opinion of every person who would believe him, and excluded her from the society of every virtuous woman who would give credit to the scandal; that she could not therefore consistently with maintaining her honour and good name live with a man that had endeavoured to ruin both, and that too, as she must affirm falsely; and even the husband could not with his honour live with her, and at the sametime maintain the truth of those things he has hitherto constantly averred, and far less could he love her. And some precedents were quoted from the Parliament of Paris pretty apposite. Our first interlocutor altering the Commissaries was 8th June 1750; but upon appeal, after three days hearing, the last interlocutor was reversed, and the interlocutor 8th June affirmed,—24th April 1751, nemine contradicente. There were present only one English, and eight Scots Lords.