Act, 28 December 1703, Edinburgh

Edinburgh the 20th September 1703

D1703/9/9

D1703/9/9¹

Act

Act Infavours off Mr James Carnagie of Phinhaven

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Mr James Carnagie of Finhaven Shewing That in the year 1697 Being pursued By Blair off Bethaick a Kinsman upon the mother side To the Laird of Kinfauns for the petitioners countenancing the marriage off the said Laird off Kinfauns (Who a little befoir that time hade been the petitioners puiple) with his owen Daughter The petitioner was imprisoned and fyned in ane Hundereth and Fyftie pound sterling off Expensses To be payed to the Laird off Bethaick now a good tyme Deceased. But the petitioner would not submitt to the sentance He suspended and consigned the soume and therupon was liberat And tho Bethaick lived many years therafter Yet he never called for the Suspension nor made the least insinuation off his designe to lift the money And seeing that fine is neither transacted nor payed by the petitioner But consigned as a Cautioner in the Suspension And that by Her Majesties late gracious indemnity all such fynes not payed or Transacted are Dischairged And that the cause off his fyne was naturall and ordinary and the marriage every way suteable And Thairfore Creaving His Grace and Lordships To ordaine Sir Gilbert Eliot Clerk of Councill To Delyver up to me the forsaid one hundereth and Fyfty pound sterling consigned by the petitioner in manner forsaid As the said petition bears Which petition Being upon the Tenth of Septembre Last Read in their presence His Grace and the saids Lords Heirby appointed the samen To be seen and answered By Bathaick and others concerned nixt Councill Day Which petition Being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Mr James Carnegie of Phinhaven And the samen with ane Instrument off Intimation theroff Made to Mr David Coupar wrytter in Edinburgh As agent for the Laird off Bethaick at least as he who took out a double off the above petition from the Clerks of privy Councill for the behoofe of the present Laird of Bethaick heir to the Deceast Laird off Bethaick or other pairtes concerned Being read in their presence His Grace and the saids Lords Doe heirby appoint and ordain Sir Gilbert Eliot Clerk off Councill To Delyver up to the petitioner the forsaid soume off One Hundered and Fyfty pound sterling Consigned by the petitioner in manner forsaid upon payment off the releiff money and the petitioners Dischairge therof To the said Sir Gilbert Eliot which is heirby Declaired to be ane sufficient Exonouration to him albeit the suspension bearing the consignation be not discust.