Decreet, 29 December 1698, Edinburgh

Att Edinburgh the nynth day of Jwny J^aj vi^c nyntie eight years

D1698/6/4

D1698/6/4¹

Decreet

Decreit Mortoune and Kirk Thesaurer Against Hary Baird

Anent the Lybell or complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Andrew Mortowne merchand burges of Edinburgh with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing mentione That wherby the threttie fourth act of the first parliament of King Charles the Second It is Staitute and ordained that what persone or persones Shall marie or procure themselvs to be maried in a clandestine or disorderlie way contrair to the established order of this kirk or by a persone not Dwely awthorized Shall be imprisoned for their moneths and besyde ther imprisonment Shall pay each Nobleman One Thowsand punds Scotts each barron and Landed Gentleman Ane Thowsand merks each Gentleman and burges of Five Hundered pwnds Scotts each other persone Five Hundereth merks And that they Shall remaine in prisone ay and while they make payment of ther respective penalties foirsaids And that the celebrator of such mariadges be banished the Kingdome never to returne wnder the paine of death As the said act ordaining one Advocat to persew the contraveiners at more Length bears Nevertheles It is of veritie that Henry Baird merchand burges of Edinburgh And Isobell Mortoun doughter to the said Andrew Mortoune Complainer have maried or procured themselvs to be maried in a clandestine and disorderly way and without the knowledge of ther parents And furder the saids pairties Speciallie the said Henry Baird refwises to discover wheras the celebrator of the said mariadge which in all reasone he owght to doe wherby It is evident that both the saids pairties are gwiltie of a clandestine mariadge in the termes of the foirsaid act for which they owght to be imprisoned and fynes atleast in the Soume of five Hundered pwnds Scotts as above And furder in ther persones and goods for the foirsaid conceallment as The Lords of our privie Counsell Shall think meet to the example and terror of others to Commit the lyke in tyme comeing And anent the chairge given to the saids defenders to have Compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bypast to have answered to the grownds of the above complaint And to have heard and seen Swch order and Cowrse taken theranent As the saids Lords Showld think fitt wnder the paine of rebellione etc As in the said principall Lybell or Letters of complaint and executiones therof at more Lenth is contained Which Lybell or Letters of Complaint being this day called in presence of the saids Lords of his majesties privie Counsell And the persewar Compeareing personallie with Sir James Stewart his majesties Advocat and Mr David Dallrrumple his advocats and Henry Bairdane of the defenders Compeareing personallie with Mr John Fergwsone his Advocat and the other defender Isobell Mortoun being Laufullie cited oft tymes called and not Compeareing The Lybell and answers therto for the defenders being read And the saids Lords haveing considered The Lybell and bothe pairties Advocats being at lenth heard The defender Henry Baird haveing acknowledged The Lybell at the Councell barr The saids Lords Finds the Lybell proven against the said Henry Baird one of the defenders by his Judiciall acknowledgement of the samen in maner foirsaid And therfore Have Fyned and heirby Fynes the said Henry Baird in the Soume of Five Hundereth pwnds Scotts Conforme to the act of parliament lybelled upon And decernes and ordaines him to make payment of the same to David Forrest merchand and kirk thesaurer of the towne of Edinburgh for the wse and behoove of the poor of the said towne And ordaines Letters of horning on Six dayes and others neidfull to be direct heiron under the Signet of Counsell at the instance of the said kirk Thesaurer And appointed the said Henry Baird to be carried prisoner from the barr to the tollbwith of Edinburgh which was accordingly done and appoints him to remaine prisoner at the said tollbwith for the Space of thrie moneths from the day and date heirof and ay and while he make payment of the above fyne Conforme also to the foirsaid act of parliament.