Act, 29 December 1692, Edinburgh

[9 August 1692] Eodem Die Post meridiem

D1692/8/26

D1692/8/26¹

Act

Act James Pitcarne and Janet Corss

Anent a Petitione given in to the Lords of their Majesties privy Councill be James Pitcairn in Windieage in Monbland and Jannet Corss their Shewing That wher the said James Pitcairn being resolved to mary Did Fix his Choise upon the said Jannet Corss and haveing obtained her consent he did enter in a Contract of mariadge with her And all her freinds with the knowledge of the wholl Nighbourhead, And therafter gave up their names for proclamatione Which was accordingly done, And objecting or suggesting any Impediement they ware therafter bona fide maried, And did Co-habit as man and wyfe for more nor thrie moneths untill that a Surmise Aryssing, That the said Jannet was grant Neice to his first wyfe Jean Corss who was half sister by the father to Jannet Corss her grandmother The presbytrie took notice of their mariage as within degrees forbidden And wherupon Discharged their Co-habitatione To which they willingly obtempored And seing that the saids Lords might plainely perceive that their Error in mariadge was ane Error non² tam facti quam Juris In as much as that the law of Mosses to Which the act of Parliament James Parliament 1st Caput 15. Expressly referrs doeth not at all make mention of their said degree and relation bot only that a man should not Lye with his uncles wyfe Which tho by parity of reasone It may be extended to his wyfes neice, yet both this extension is Contraverted among the best Lawiers, And the farder extensione of it To a grand neice by a half sister might escape the notice of persones of farr greater knowledge and Capacity, then they could be supposed to be off Wherby the saids Lords might plainely perceive how Innocent the unfortunate they are in the forsaid matter, And all farder content that their mariadge be Desolved be the Comissare of Edinburgh Judges competent If so be that they shall find that they have indeed maried within degrees forbidden And Therfore Humbly Craveing the saids Lords in Consideration of the premisses and of their Innocent error and mistake therin To excuse them at the least in the mean tyme for what is past And to forbid and Discharge any Criminall pursuit to be intented against them, They obstaineing to Co-habit for the futur untill the Commissars of Edinburgh as the Judges competent shall Cognosie of the validitie or invaliditie of the said maraidge as the petition hears, The Lords of their Majesties Privy Councill haveing Considered this petitione given in to them be the above James Pitcairn and Jannet Corss, They heirby Discharge any Criminall process to be intented against the petitioners upon the account of the above mariadge, The petitioner allwayes abstaineing from Cohabiting togither untill the legallity or Illegalitie of their mariadge be detained by the Commissioners of Edinburgh Judges competent therto, And ordaines them to find suficient Caution acted in the books of Privy Councill for that effect under the penaltie of Two hundred punds scots before extracting heirof.