Act, 27 December 1694, Edinburgh

Edinburgh the Eight day of March J^aj vj^c nyntie four years

D1694/3/6

D1694/3/6¹

Judicial Proceeding

Extract Dipositiones anent The Laird and Lady Dum

Anent the petition given in to the Lords of their Majesties privy Councill be Alexander Irvine of Drum and Margrat Forbes his Lady Shewing That quher the principall Depositiones of the severall fameous witnesses taken before the Lords of privy Councill anent the petitioners ther mariadge haveing late by falled by hands as put into bunds of other papers that they related not to, yet true it is that now by Dilligence and care of the Clerks the same are found out againe, And seing it concernes the petitioners to have a Judiciall extract of the saids depositiones in case of any future by casting or miscariadge And Therfore humbly Supplicating to the effect underwritten as the petition bears The Saids Lords of their majesties privy Councill To give out authentick extracts of the saids depositiones subscrived by them as Clerks of privy Councill Off the Which depositiones The Tenor Followes Conforme to the Sederunts of the Committie of Councill before whom they were taken viz Edinburgh the twentie Eight day of June J^aj vj^c Eightie Eight years Sederunt Chancelor, St Androwes, Airly, Traquair and Ballquyne ante meridiem, Mr Thomas Cheyn in Drum aged fiftie Eight years or therby maried being purged of partiall Councill Sworn and interogate Depones that he was in Company with Drum the whole day being the Sabath day that Drum was maried That he did not perceive him to be drunk, That after supper in Mr Robert Keiths house, Master Robert Keiths wyfe said to Drum what would yow think to have Mistress Mary Forbes that Gentlewoman to be your wife, Wherupon he haveing her by the hand a good whill before and keept her by it for near ane hour and ane half but gave neither assent nor dissent to the marriadge but keeped her allwayes by the hand kissing her And that the said Mr Robert Keiths wyfe asked Drums Consent who made no answer But that Drum still kist her all the time And that the said Mr Robert said pronunce yow maried persones god bless yow and I bless yow and therafter he saw Drum goe willingly to bed with the Ladie and never parted with her hand all the time, and lay in the nixt roome all night by them and that ther was only a board wall betwixt ther roomes, and saw them bedd the nixt morning makeing of the Lady about nyne of the Cloak in the morning, and saw Drum takeing a Glass of Seik with the Lady in his bed, And the deponent haveing asked Drum if he hade behaved, He answered nothing stood but his liggs that night This is the treuth as he shall answer to god sic subscribitur Thomas Cheyne, The above written Thomas Cheyne being reexamined upon oath Depones that he saw Mr Alexander Thomsone take Drum by the arme and take him out of his Chamber from the Gentlwoman and heard Drum say doe you intend to murder me and this is the treuth as he shall answer to god sic subscribitur Thomas Cheyne Mr William Dingwall taken cum nota as being Cousine german to the Lady cited by both parties and solemnly sworne and Interrogate Dipones that he saw the Laird of Drum hold the gentlwoman by the hand and did hear Mr Robert Keith ask will yow take that Gentlwoman to your wife, yes or I, and the gentlewoman doe the like, And that therupon Mr Robert Keith Declared them maried persones and Said God bles you and I Bless yow, and that a litle after he heard Drum say to the gentlwoman yow are my wife, and I ame your Goodman Depones he saw them in ther bed that night but did not see them goe to bed, Depones he did not perceive Drum to be in Drink and this is the treuth as he shall answer to god sic subscribitur William Dingwall; Archbishop St Andrews J:p:C Eodem die a meredie, sederunt St Androwes, Airly and Nidrie, St Androwes president George Killgower nottar in Old Aberdeen being solemnly sworne and interrogate, Depones That in the afternoon he saw Drum and that he was blush faced which he supposed it was either by drinking or hard walking, But that he did not see him drink any and that this was the day of the pretended marriadge and that when he saw him it was from the bridge of Done to the old toune of Aberdeen about four a Cloak the said afternoon, and this is the treuth as he shall answer to god sic subscribitur George Kilgowr Mr John Irvine minister at Peetter Coulter being sworn and Interrogate depones that Mr Robert Keith came to the deponent about four a Cloak in the morning and desyred the reponent to come to the toune of Aberdeen to mary the Laird of Drum with Marjory Forbes which he refused to doe albeit a warrand was ² alleged to that purpose and does not remember whither he said he maried them the night before himself or not sic subscribitur John Irvine, Mr William Keith student of Theologie Depones that he was in the roome when Mr Alexander Thomsone took Drum by the shoulder and took him out of his room and heard Drum say what will yee murder me and this is the truth as he shall answer to god sic subscribitur William Keith James Birss shirreff officer in Aberdeen being solemnly Sworne and Interrogate Depones that he was in Company severall times with Drum wher Marion was present in the house of Sarah Blackburne and Widdow Burnet wher he has heard the said Marion Irvine Desyre Drum to come to her hand wher he should be weell intertained and that she will gett him maried to a very fine Lady And this is the treuth as he shall answer to god sic subscribitur James Birss. Archibald St Andrews J:p:C On the margine of James Birss depositione the words following are written viz the advocats Declares that this deposition shall not inferr any cryme against Marion Irvine spouse to Mr Keith Edinburgh the twentie Eight day of June J^aj vj^c Eightie Eight years, Sederunt as in the other Depositione ante meridiem James Divertie servitor to the Laird of Seatton being solemnly sworne and interrogate Depones That upon Sunday the day of the pretended mariadge he saw the Laird of Drum near to the deponents house at the bridge of Don and that he ³ supposed Drum was in Drink by his cariadge but did not see him Drink any and this is the treuth as he shall answer to god sic subscribitur Archibald St Androwes John Cruickshankes taylor in Aberdeen being solemnly sworne and Interrogate Depones that he was in Company with Drum that day in the afternoon that day of the pretended mariadge and that he saw Drink Dansick watters brandy and ale and that he was more then ordinary Distempered with Drink And Depones that ther was too gills of Dansick Watters and Eight pynts of ale in his Company They being eleven persones and they all Drank of it, And this is the treuth as he shall answer god sic subscribitur John Cruickshanks Mr William Alexander preacher in Aberdein being solemnly sword and interrogate Depones that upon munday in the morning after the pretended mariadge Mr Robert Keith called for the deponent and when he asked his ear and Mr Keith told him it was to mary a honorable the Laird of Drum with a Lady And the deponent haveing asked if he a warrand or Consent of freends, The said Mr Robert produced a qualified warrand if the persone were qualified or would Consent and desyred to see Drum But Drum being in his bed The deponent waited on before he saw Dru and when he saw him he took him by the hand and bad god Bless him And therafter he asked severall questiones annent the mariadge and if he was willing to take the Gentlwoman, And that therupon he Stamped with his foot and said he would not mary her But would take her, And that he heard the Gentlwoman say to Drum was not wee maried and bedded togither the last night To which he answered if yow say so lett it be so, and this is the treuth as he shall answer to god sic subscribitur William Alexander, Mr William Keith student of Theology cum nota being solemnly sworne and Interrogate Depones he saw Drum the night of the pretended mariadge and did not perceive him to be Drunk That he saw and heard Mr Robert Keith ask the Laird of Drum if he would take the Lady he hade by the hand to wyfe, That he heard Drum answer yes, and the Gentlwoman yes, And that therupon he pronunced them persones and said God bless yow and I bless yow, and that a litle therafter he heard Drum say now I ame your husband and yow are my wyfe, and saw them in naked bed nixt morning Togither, and this is the treuth as he shall answer to god sic subscribitur William Keith, Alexander Gibb servitor to the Laird of Drum being solemnly sworne and Interrogate Depones that he was in the roome and heard Mr Robert Keith say ⁴ to Drum will yow take that Gentlwoman wher yow have by the hand to be your wyfe To Which he answered yes, Depones that he heard the Gentlwoman give the same answers Depones he heard Mr Robert Keith say Then I declare yow to be maried persones before god and these witnesses and said god bless yow and I bless yow and saw them casting off their Cloathes and goeing to bed togither, and heard Drum say a litle after the mariadge yow are my wyfe and I ame your husband And Depones that he hade more then ordinary but was not insensible in Drink and this is the Treuth as he shall answer to god sic subscribitur Alexander Gibb, Archbishop St Androwes Extracted by me sic subscribitur Gilbert Eliot Cls st Cons: