Act, 2 August 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The second day of August Jaj vjc nynty Eight years

A1698/8/51

Act

Act Liberating Henry Baird merchant in Edinburgh

Anent The Petition given in to his Grace his Majesties high Commissioner and Lords of his Majesties most honourable privy Councill by Henry Baird merchant in Edinburgh Shewing That their petitioner Being pursued before their Lordships for his Irregular marriadge with Isobel Mortoun daughter to Andrew Mortoun merchant there. Which he Ingenously acknowledged att the First calling without giving the pursuer any Further Trouble or delay. And which Irregular method Their petitioner would never have followed If it hade not been to prevent (as it appeared to him) Greater Inconveniencies which were Like to arise upon their communing of Terms for a Contract of marriadge. And to which he was prompted by Reason some Idle persons hade dispersed most Reprochfull Lynes against his Wifes father and him: That He might show to the world the Ground of their Reproach, To wit, That he was selling and the petitioner bying his daughter was False: Being Ignorant of the Certification of the act of parliament against Irregular marriadges which The petitioner Confesses he was oblidged to Know Their Lordships in the Terms of the Act committed him to prison and appointed him to Remain therein For the space of Three moneths and while he should pay 500 £ to the poor. And accordingly he hes continued prisoner the most pairt of the said tyme And hes payed the Fyve Hundered pounds to the poor, Conform to a Discharge thereof in the Clerks hands. And seeing his Long Imprisonment att this Season, Is Extreamly prejudicial to his health And That therby he is wholly bound up from prosecuting of his Affairs. And That he hes several necessary Bussiness to put in order, with his father who is become sickly, And Its feared shall never be able To come abroad as is known and was Instructed to such of their Lordships as are Lords of Session, who for that reason have granted Commission to take his oath at his own house which is herewith produced. As also The Keepers of the Tolbooth acquaint the petitioner That tho the Three moneths were Ended, They will not allow him his Liberty without ane act And Therfore Humbly Craving to the Effect underwrittin as the said petition Bears. His Majesties high Commissioner and Lords of his majesties privy Councill having considered this petition given in to them by the above Hary Baird with the Testificat mentioned therein and produced therewith. They heirby give order and warrant to the magistrats of Edinburgh and Keeper of their tolbooth upon sight heirof To set the petitioner at Liberty furth thereof For which this shall be to them and all persons concerned a sufficient warrant.

Att Edinburgh The second day of August Jaj vjc nynty Eight years

A1698/8/51

Act

Act Liberating Henry Baird merchant in Edinburgh

Anent The Petition given in to his Grace his Majesties high Commissioner and Lords of his Majesties most honourable privy Councill by Henry Baird merchant in Edinburgh Shewing That their petitioner Being pursued before their Lordships for his Irregular marriadge with Isobel Mortoun daughter to Andrew Mortoun merchant there. Which he Ingenously acknowledged att the First calling without giving the pursuer any Further Trouble or delay. And which Irregular method Their petitioner would never have followed If it hade not been to prevent (as it appeared to him) Greater Inconveniencies which were Like to arise upon their communing of Terms for a Contract of marriadge. And to which he was prompted by Reason some Idle persons hade dispersed most Reprochfull Lynes against his Wifes father and him: That He might show to the world the Ground of their Reproach, To wit, That he was selling and the petitioner bying his daughter was False: Being Ignorant of the Certification of the act of parliament against Irregular marriadges which The petitioner Confesses he was oblidged to Know Their Lordships in the Terms of the Act committed him to prison and appointed him to Remain therein For the space of Three moneths and while he should pay 500 £ to the poor. And accordingly he hes continued prisoner the most pairt of the said tyme And hes payed the Fyve Hundered pounds to the poor, Conform to a Discharge thereof in the Clerks hands. And seeing his Long Imprisonment att this Season, Is Extreamly prejudicial to his health And That therby he is wholly bound up from prosecuting of his Affairs. And That he hes several necessary Bussiness to put in order, with his father who is become sickly, And Its feared shall never be able To come abroad as is known and was Instructed to such of their Lordships as are Lords of Session, who for that reason have granted Commission to take his oath at his own house which is herewith produced. As also The Keepers of the Tolbooth acquaint the petitioner That tho the Three moneths were Ended, They will not allow him his Liberty without ane act And Therfore Humbly Craving to the Effect underwrittin as the said petition Bears. His Majesties high Commissioner and Lords of his majesties privy Councill having considered this petition given in to them by the above Hary Baird with the Testificat mentioned therein and produced therewith. They heirby give order and warrant to the magistrats of Edinburgh and Keeper of their tolbooth upon sight heirof To set the petitioner at Liberty furth thereof For which this shall be to them and all persons concerned a sufficient warrant.

1. NRS, PC1/51, 466.

1. NRS, PC1/51, 466.