Judicial Proceeding, 22 February 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/111

Judicial Proceeding

Kinfawns mariage with Phinevens doughter

The lybell at the instance of Alexander Blair alias Carnegie of Kinfauns and his curators for ther interests against The Laird of Phinhaven Mrs Jean Carnegy his doughter Jennet Browne his servitrix and Mr John Grub minister at Oathlaw being this day called in presence of the Lords of his majesties privie Counsell and the Laird of Kinfauns compeareing personallie as persewer with Sir James Stewart his majesties advocat Sir Patrick Home Mrs Hewgh and David Dallrimples his advocats and the haill defenders compeareing personallie (except the said Mr John Grub minister) with Sir David Thores Mr David Cuningham and Mr William Aikman advocats for the haill defenders and the said Mr John Grub being Laufullie cited oft tymes called and not compeareing The Lybell and answers therto for Phinhaven and his doughter and both pairties Lawiers being fullie heard The Saids Lords grants certificatione against the said Mr John Grub in respect of his absence and not compearance and ordains Letters of denunceatione to be direct to macers messengers at arms comanding them to pass to the mercat cross of […] and uther places neidfull and therat in his majesties name and authoritie duely Laufullie and orderly denunce the said Mr John Grub his majesties rebell and ordaine all his moveable goods and geir to be escheat and inbrought to his majesties wse for his contempt and disobedience And the saids Lords Finds that they are not competent Judges as to that pairt of the lybell anent the mariage But finds that they are competent Judges as to the rest of The lybell and admitts the Same to probatione against The Laird of Finhaven and the said Jennet Browne And the witnesses being called for and Mr John Strong Schoollmaister John Lyon of Whitewall James Milne Mr Charles Carnegie and Patrick Lyon being present and haveing made faith at the Cowncell barr The Saids Lords nominats and appoints The Earle of Leven Lord Ruthven Lord Justice Clerk and Laird of Kellburne to be a Comitie for examining of the saids wittnesses and reserves all objectiones which may be made against the wittness to be proponed and discwst befor the Comitie and grants furder dilligence by Captione untill the […] day of […] And the rest of the witness called and not compeareing aither on the lybell or on the dilligence (2except Anna Carnegie Sister to the Said Jean Carnegie She being only about twelve yeirs of age And recomends to the Comitie to examine the witnesses against Phinhaven and Jenet Broun upon the other points lybelled But not upon the forsaid mariage and appoints the Comitie to meet the morrow at ten in the foirnoon and declaires any two of them to be a Sufficient qworwm

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/111

Judicial Proceeding

Kinfawns mariage with Phinevens doughter

The lybell at the instance of Alexander Blair alias Carnegie of Kinfauns and his curators for ther interests against The Laird of Phinhaven Mrs Jean Carnegy his doughter Jennet Browne his servitrix and Mr John Grub minister at Oathlaw being this day called in presence of the Lords of his majesties privie Counsell and the Laird of Kinfauns compeareing personallie as persewer with Sir James Stewart his majesties advocat Sir Patrick Home Mrs Hewgh and David Dallrimples his advocats and the haill defenders compeareing personallie (except the said Mr John Grub minister) with Sir David Thores Mr David Cuningham and Mr William Aikman advocats for the haill defenders and the said Mr John Grub being Laufullie cited oft tymes called and not compeareing The Lybell and answers therto for Phinhaven and his doughter and both pairties Lawiers being fullie heard The Saids Lords grants certificatione against the said Mr John Grub in respect of his absence and not compearance and ordains Letters of denunceatione to be direct to macers messengers at arms comanding them to pass to the mercat cross of […] and uther places neidfull and therat in his majesties name and authoritie duely Laufullie and orderly denunce the said Mr John Grub his majesties rebell and ordaine all his moveable goods and geir to be escheat and inbrought to his majesties wse for his contempt and disobedience And the saids Lords Finds that they are not competent Judges as to that pairt of the lybell anent the mariage But finds that they are competent Judges as to the rest of The lybell and admitts the Same to probatione against The Laird of Finhaven and the said Jennet Browne And the witnesses being called for and Mr John Strong Schoollmaister John Lyon of Whitewall James Milne Mr Charles Carnegie and Patrick Lyon being present and haveing made faith at the Cowncell barr The Saids Lords nominats and appoints The Earle of Leven Lord Ruthven Lord Justice Clerk and Laird of Kellburne to be a Comitie for examining of the saids wittnesses and reserves all objectiones which may be made against the wittness to be proponed and discwst befor the Comitie and grants furder dilligence by Captione untill the […] day of […] And the rest of the witness called and not compeareing aither on the lybell or on the dilligence (2except Anna Carnegie Sister to the Said Jean Carnegie She being only about twelve yeirs of age And recomends to the Comitie to examine the witnesses against Phinhaven and Jenet Broun upon the other points lybelled But not upon the forsaid mariage and appoints the Comitie to meet the morrow at ten in the foirnoon and declaires any two of them to be a Sufficient qworwm

1. NRS, PC2/27, 86v-87r.

2. Closing bracket missing.

1. NRS, PC2/27, 86v-87r.

2. Closing bracket missing.