A husband was bound to pay his wife, as aliment, such sums as certain friends should appoint. These friends were dead or absent. The Lords modified the amount, as in arbitrio boni viri.
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In an action, pursued by the Lady against her Husband, for modification of a yearly sum to her, for her aliment, during his remaining out of the country, founded upon a contract made by him in her favours, whereby he was obliged to pay such sums of money to her, as the persons appointed in the contract should modify; which persons being most part dead, and the survivor not resident in the country, the Lady desired the Lords, as becoming in their places, to modify the same to her, her husband being still out of the country, and she wanting maintenance.— The Lords sustained the action founded upon the said contract, albeit made betwixt the husband and the wife, and found it became in their hands, as in arbitrio boni viri to do the same; seeing the contract agreed with all law, both divine, natural, and human, and without any contract, ought to be allowed, that the husband should sustain his wife, according to the proportion and competency of the means; and therefore modified to her yearly, during his absence, 2000 merks.
