Tag Archives: June

Sederunt, 16 June 1698, Edinburgh

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Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years1

D1698/6/92

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Bellhaven; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankeilor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Proveist of Edinburgh

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years1

D1698/6/92

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Bellhaven; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankeilor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Proveist of Edinburgh

1. NRS, PC2/27, 116r.

2. NRS, PC2/27, 116r.

1. NRS, PC2/27, 116r.

2. NRS, PC2/27, 116r.

Judicial Proceeding, 14 June 1698, Edinburgh

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Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/81

Judicial Proceeding

Lybell Andrew Mortoune against Baird called and recomended to Lord Advocat to persew

Anent the Lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Andrew Mortowne merchand in Edinburgh with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher Henry Baird merchand in Edinburgh being persewed befor the Lords of our privie Counsell for haveing maried in a clandestine maner Isobell Mortoune doughter to the said Andrew without her fathers knowledge did confess the said Clandestine mariadge which was also verified wnder his hand But refuised to tell who was the celebrator pretending that by Law he was not therto obleidged Albeit it be evident that it is highlie of the said Andrews concerne to know whither his doughter be trwelie maried or not and conseqwently who was the celebrator therof Seing otherwayes he may not only Suffer the prejudice of haveing his doughter clandestinelie taken from him as said is But Likewayes Lye under the hazard and reproach of haveing her detained by the said Henry in a farr more wnjustifieable maner to the disgrace and rwine both of her and her posteritie Soe that albeit the said Henry Baird be convicted upon his own acknowledgement for a clandestine mariage and pretend that he is not bound in Law to discover the celebrator Yet without all qwestione he is obleidged by all Lawes both Divyne and humane aither to Satisfie the said Andrew Mortoun Complainer as to the pretence and title wherupon he detaines his doughter or otherwayes exhibite her to our saids Lords of privie Counsell to be restored to her father the said Complainer By all which it is apparent that the said Henry Baird ought aither to make the foirsaid discoverie or exhibite and restore to the said Complainer his said doughter or otherwise he ought to be pwnished for his contempt in swch maner as the saids Lords of our privie Counsell Shall think fitt and meet And also be decerned to make payment to the said Andrew Mortowne Complainer of Such a Soume of Damnadges for the said wnjust Detentione as our saids Lords Shall modifie to the example and terror of others to committ the lyke in tyme comeing And anent the chairge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and sein such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint and executions 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 Cownsell And the said Andrew Mortoune persewar Compeareing personallie with Sir James Stewart his majesties advocat and maister David Dallrumple his Advocats And the said Henry Baird defender compeareing personallie with Mr John Fergwsone and Mr […] Rigg his Advocats The Lybell and ansuers therto being read and both pairties Lawiers being at Lenth fullie heard And the said Henry Baird defender haveing prodwced a testificat wnder the Subscriptione of maister Alexander George Late minister of the gospell at the barronie church of Glasgow wherby he declairs that (2being crediblie informed of the consent of parents he Joined in mariadge the defender and Isobell Mortowne The Lords of his majesties privie Counsell haveing considered the Lybell and ansuers made therto and declaratione produced by the defender of his said mariage They Doe heirby recommend to his Majesties advocat to cause search for sease upon and apprehend the persone of the said Maister Alexander George and to Committ him prisoner untill the saids Lords give order anent him And to prosecute and follow furth a lybell befor them against the said maister Alexander George at his Lordships instance for the said irregwllar marriage with convenient Expeditione

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/81

Judicial Proceeding

Lybell Andrew Mortoune against Baird called and recomended to Lord Advocat to persew

Anent the Lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Andrew Mortowne merchand in Edinburgh with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher Henry Baird merchand in Edinburgh being persewed befor the Lords of our privie Counsell for haveing maried in a clandestine maner Isobell Mortoune doughter to the said Andrew without her fathers knowledge did confess the said Clandestine mariadge which was also verified wnder his hand But refuised to tell who was the celebrator pretending that by Law he was not therto obleidged Albeit it be evident that it is highlie of the said Andrews concerne to know whither his doughter be trwelie maried or not and conseqwently who was the celebrator therof Seing otherwayes he may not only Suffer the prejudice of haveing his doughter clandestinelie taken from him as said is But Likewayes Lye under the hazard and reproach of haveing her detained by the said Henry in a farr more wnjustifieable maner to the disgrace and rwine both of her and her posteritie Soe that albeit the said Henry Baird be convicted upon his own acknowledgement for a clandestine mariage and pretend that he is not bound in Law to discover the celebrator Yet without all qwestione he is obleidged by all Lawes both Divyne and humane aither to Satisfie the said Andrew Mortoun Complainer as to the pretence and title wherupon he detaines his doughter or otherwayes exhibite her to our saids Lords of privie Counsell to be restored to her father the said Complainer By all which it is apparent that the said Henry Baird ought aither to make the foirsaid discoverie or exhibite and restore to the said Complainer his said doughter or otherwise he ought to be pwnished for his contempt in swch maner as the saids Lords of our privie Counsell Shall think fitt and meet And also be decerned to make payment to the said Andrew Mortowne Complainer of Such a Soume of Damnadges for the said wnjust Detentione as our saids Lords Shall modifie to the example and terror of others to committ the lyke in tyme comeing And anent the chairge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and sein such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint and executions 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 Cownsell And the said Andrew Mortoune persewar Compeareing personallie with Sir James Stewart his majesties advocat and maister David Dallrumple his Advocats And the said Henry Baird defender compeareing personallie with Mr John Fergwsone and Mr […] Rigg his Advocats The Lybell and ansuers therto being read and both pairties Lawiers being at Lenth fullie heard And the said Henry Baird defender haveing prodwced a testificat wnder the Subscriptione of maister Alexander George Late minister of the gospell at the barronie church of Glasgow wherby he declairs that (2being crediblie informed of the consent of parents he Joined in mariadge the defender and Isobell Mortowne The Lords of his majesties privie Counsell haveing considered the Lybell and ansuers made therto and declaratione produced by the defender of his said mariage They Doe heirby recommend to his Majesties advocat to cause search for sease upon and apprehend the persone of the said Maister Alexander George and to Committ him prisoner untill the saids Lords give order anent him And to prosecute and follow furth a lybell befor them against the said maister Alexander George at his Lordships instance for the said irregwllar marriage with convenient Expeditione

1. NRS, PC2/27, 114v-115v.

2. Closing bracket missing.

1. NRS, PC2/27, 114v-115v.

2. Closing bracket missing.

Act, 14 June 1698, Edinburgh

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Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/71

Act

Act James Stewart

Anent the petitione given in to the Lords of his majesties privie Counsell be James Stewart Servitor to The Earle of Southesque Shewing That wher in the actione persewed at the petitioners instance against the magistrats of Montrose and others Andrew Craiktowne clerk of Montrose was cited by the petitioner as a wittnes theruntill And ther Lordships haveing granted Commissione to The Shirreff of Forffar and his deputs to examine the wittnesses in tyme of vaccance And he haveing Compeared befor the Said Shirreff deput efter he had made faith he refwised to depone And therfore humbly craveing ther Lordships to grant the petitioner ane dilligence by Captione against him to compeare befor ther Lordships and depone and exhibite all the warrands and depositiones taken by ther saids magistrats in favoures of John Stewart in the boattowne of Bonningtowne who pretends to be nearest air to the deceast David Stewart in Barbardoes As the said petitione bears which being this day read and considered be the saids Lords of his majesties privie Counsell They Doe heirby give order and warrand to ther Clerks to give owt Letters of Captione against the above named Andrew Craik in the termes of the lybell raised at the petitioners instance wherin he is cited as a witnes befor the Counsell and that against the […] day of […]

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/71

Act

Act James Stewart

Anent the petitione given in to the Lords of his majesties privie Counsell be James Stewart Servitor to The Earle of Southesque Shewing That wher in the actione persewed at the petitioners instance against the magistrats of Montrose and others Andrew Craiktowne clerk of Montrose was cited by the petitioner as a wittnes theruntill And ther Lordships haveing granted Commissione to The Shirreff of Forffar and his deputs to examine the wittnesses in tyme of vaccance And he haveing Compeared befor the Said Shirreff deput efter he had made faith he refwised to depone And therfore humbly craveing ther Lordships to grant the petitioner ane dilligence by Captione against him to compeare befor ther Lordships and depone and exhibite all the warrands and depositiones taken by ther saids magistrats in favoures of John Stewart in the boattowne of Bonningtowne who pretends to be nearest air to the deceast David Stewart in Barbardoes As the said petitione bears which being this day read and considered be the saids Lords of his majesties privie Counsell They Doe heirby give order and warrand to ther Clerks to give owt Letters of Captione against the above named Andrew Craik in the termes of the lybell raised at the petitioners instance wherin he is cited as a witnes befor the Counsell and that against the […] day of […]

1. NRS, PC2/27, 114r-114v.

1. NRS, PC2/27, 114r-114v.

Act, 14 June 1698, Edinburgh

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Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/61

Act

Act Mr Colline Niccolsone

Anent the petitione given in to The Lords of his majesties privie Counsell be Mr Colline Niccollsone preacher of the gospell at Strathaven Shewing That wher ther Lordships petitioner being minister of the parochin of Kirkmichaell in Strathaven and upon his not readeing the proclamationes emitted by ther Lordships for owning his Majestie King William and not praying for him in express termes Ther Lordships were pleased to Suspend the petitioner from the publict exercise of the ministrie and deprived him of the benefice The petitioner craves Leave humblie to represent to ther Lordships that it was2 out of noe dissaffectione to his majestie and his government that the petitioner did not read the proclamationes in due tyme and pray for his Majestie in express termes But the trweth is the parochin wherof the petitioner was minister being in The North Highlands wher the rebells then in armes did freqwently hawnt and resort and with all a great many of his parichiners being papists he durst not without hazard of his life at that tyme publictly own his majesties and the government and to evidence his affectione to the government in church and state soe soon as the petitioner had opportwnitie he gave testimony of his affectione to the government by applying to the Commissione of the generall assembly in the yeir Jaj vic nyntie four the petitioner did Supplicat them wherin he owned the government of the church the confessione of faith ratified by the parliament Jaj vic and nyntie and craved to be receaved into the ministrie upon which they recomended the petitioner to ther Lordships as appears by ane extract wnder ther clerks hands therwith prodwced Lykeas the petitioner applyed to Sir James Ogilvie principall secretarie of State and Shirreff principall of The Shyre of Banff within which his said parochin lyes and upon the fourth of September Jaj vic nyntie five Swore the alleadgeance and Signed the assureance befor him as appears by a testificat wnder his Lordships hand And albeit the petitioner hes thws given testimony of his affectione to the government and with a great daill of discouragement from many of his parochiners who are knowen papists been still preaching yet without ther Lordships grant him ther warrand he cannot gett the stipend for mentaineance of himself and his poor numerows small familie And therfore humbly craveing ther Lordships To Commisserat his conditione (who hes given testimony of his affectione to the government as said is and is still content to give all testimonies that Law requyres of his affectione to it) and to allow the petitioner the Stipend of the said parochin since he still preaches ther and to ordaine the heretors and others lyable in payment therof to make payment to the petitioner of the Stipends resting to him for the preceeding yeirs and dureing his Service As the said petitione bears Which petitone being this day read and considered be the saids Lords of his majesties privie Counsell with the wrytes mentioned therin and prodwced therwith They doe heirby allow to the petitioner the Stipend of the above kirk of Strathaven for the haill yeirs of God Jaj vic nyntie six and nyntie seven for a present subsistance to the petitioner and his familie And decernes and ordaines the petitioner to be readiely answered obeyed and payed of the saids two yeirs Stipend of the said Kirk by the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others Lyable in payment of the said Stipend And ordaines Letters of horning on fiftein dayes under the Signet of Cowncell to be direct at the petitioners instance against the heretors fewars wodsetters liferenters and others foirsaids lyable in payment of the saids two yeirs Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the saids two yeirs Stipend according as they shall be decerned be decerned3 by the Judge ordinar

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/61

Act

Act Mr Colline Niccolsone

Anent the petitione given in to The Lords of his majesties privie Counsell be Mr Colline Niccollsone preacher of the gospell at Strathaven Shewing That wher ther Lordships petitioner being minister of the parochin of Kirkmichaell in Strathaven and upon his not readeing the proclamationes emitted by ther Lordships for owning his Majestie King William and not praying for him in express termes Ther Lordships were pleased to Suspend the petitioner from the publict exercise of the ministrie and deprived him of the benefice The petitioner craves Leave humblie to represent to ther Lordships that it was2 out of noe dissaffectione to his majestie and his government that the petitioner did not read the proclamationes in due tyme and pray for his Majestie in express termes But the trweth is the parochin wherof the petitioner was minister being in The North Highlands wher the rebells then in armes did freqwently hawnt and resort and with all a great many of his parichiners being papists he durst not without hazard of his life at that tyme publictly own his majesties and the government and to evidence his affectione to the government in church and state soe soon as the petitioner had opportwnitie he gave testimony of his affectione to the government by applying to the Commissione of the generall assembly in the yeir Jaj vic nyntie four the petitioner did Supplicat them wherin he owned the government of the church the confessione of faith ratified by the parliament Jaj vic and nyntie and craved to be receaved into the ministrie upon which they recomended the petitioner to ther Lordships as appears by ane extract wnder ther clerks hands therwith prodwced Lykeas the petitioner applyed to Sir James Ogilvie principall secretarie of State and Shirreff principall of The Shyre of Banff within which his said parochin lyes and upon the fourth of September Jaj vic nyntie five Swore the alleadgeance and Signed the assureance befor him as appears by a testificat wnder his Lordships hand And albeit the petitioner hes thws given testimony of his affectione to the government and with a great daill of discouragement from many of his parochiners who are knowen papists been still preaching yet without ther Lordships grant him ther warrand he cannot gett the stipend for mentaineance of himself and his poor numerows small familie And therfore humbly craveing ther Lordships To Commisserat his conditione (who hes given testimony of his affectione to the government as said is and is still content to give all testimonies that Law requyres of his affectione to it) and to allow the petitioner the Stipend of the said parochin since he still preaches ther and to ordaine the heretors and others lyable in payment therof to make payment to the petitioner of the Stipends resting to him for the preceeding yeirs and dureing his Service As the said petitione bears Which petitone being this day read and considered be the saids Lords of his majesties privie Counsell with the wrytes mentioned therin and prodwced therwith They doe heirby allow to the petitioner the Stipend of the above kirk of Strathaven for the haill yeirs of God Jaj vic nyntie six and nyntie seven for a present subsistance to the petitioner and his familie And decernes and ordaines the petitioner to be readiely answered obeyed and payed of the saids two yeirs Stipend of the said Kirk by the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others Lyable in payment of the said Stipend And ordaines Letters of horning on fiftein dayes under the Signet of Cowncell to be direct at the petitioners instance against the heretors fewars wodsetters liferenters and others foirsaids lyable in payment of the saids two yeirs Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the saids two yeirs Stipend according as they shall be decerned be decerned3 by the Judge ordinar

1. NRS, PC2/27, 113r-114r.

2. The word ‘not’ scored out here.

3. Sic.

1. NRS, PC2/27, 113r-114r.

2. The word ‘not’ scored out here.

3. Sic.

Sederunt, 14 June 1698, Edinburgh

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Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/52

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Bellhaven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/52

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Bellhaven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh

1. NRS, PC2/27, 113r.

2. NRS, PC2/27, 111v-113r.

1. NRS, PC2/27, 113r.

2. NRS, PC2/27, 111v-113r.

Decreet, 9 June 1698, Edinburgh

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Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years

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.

Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years

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.

1. NRS, PC2/27, 111v-113r.

1. NRS, PC2/27, 111v-113r.

Sederunt, 9 June 1698, Edinburgh

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Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years1

D1698/6/32

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony

Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years1

D1698/6/32

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony

1. NRS, PC2/27, 111v.

2. NRS, PC2/27, 111v.

1. NRS, PC2/27, 111v.

2. NRS, PC2/27, 111v.

Act, 7 June 1698, Edinburgh

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Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs

D1698/6/21

Act

Act Pollmeis Bannockburne etc

Anent the petitione given in to The Lords of his majesties privie Counsell be Pollmeis Bannockburne and Mr Charles Bennet and others Shewing That the petitioners being conveined befor ther Lordships at the instance of his majesties Advocat for keeping up a meeting house att St Ninians contrair to ane order of ther Lordships made theranent The petitioners Doe humblie beg Libertie to represent that ther Lordships haveing thought fitt to remove Mr Hunter from the said meeting house in respect of his not being qwalified by Law The ptitioners did therefter imploy Mr Lockhart to preach ther who haveing taken the oath of alleadgeance and Subscrived the assureance the petitioners did humbly Judge that by the conniveance of government he might have been tollerat to preach But Since it appears ther Lordships are dissatisfied with his preaching ther The petitioners doe with all humilitie Submit to ther Lordships opinione theranent And Shall not herefter encourage aither maister Lockhart or any other to preach ther nor shall they keep up any meeting house ther while the church is planted But shall most willingly obey ther Lordships orders in this or any other mater relateing to the peace and qwiet of the paroch And therfore humbly craveing ther Lordships to consider that what the petitioners hes Done in this affair hes proceeded from ther mistakeing ther Lordships orders (for which they humbly beg pardone) and not from any contempt therof which they declaire was farr from ther thoughts And therfore that ther Lordships will be pleased to Lett the lybell raised against the petitioners fall As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione They heirby declaire The lybell at the Lord Advocats instance against the petitioners to be Lett fall

Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs

D1698/6/21

Act

Act Pollmeis Bannockburne etc

Anent the petitione given in to The Lords of his majesties privie Counsell be Pollmeis Bannockburne and Mr Charles Bennet and others Shewing That the petitioners being conveined befor ther Lordships at the instance of his majesties Advocat for keeping up a meeting house att St Ninians contrair to ane order of ther Lordships made theranent The petitioners Doe humblie beg Libertie to represent that ther Lordships haveing thought fitt to remove Mr Hunter from the said meeting house in respect of his not being qwalified by Law The ptitioners did therefter imploy Mr Lockhart to preach ther who haveing taken the oath of alleadgeance and Subscrived the assureance the petitioners did humbly Judge that by the conniveance of government he might have been tollerat to preach But Since it appears ther Lordships are dissatisfied with his preaching ther The petitioners doe with all humilitie Submit to ther Lordships opinione theranent And Shall not herefter encourage aither maister Lockhart or any other to preach ther nor shall they keep up any meeting house ther while the church is planted But shall most willingly obey ther Lordships orders in this or any other mater relateing to the peace and qwiet of the paroch And therfore humbly craveing ther Lordships to consider that what the petitioners hes Done in this affair hes proceeded from ther mistakeing ther Lordships orders (for which they humbly beg pardone) and not from any contempt therof which they declaire was farr from ther thoughts And therfore that ther Lordships will be pleased to Lett the lybell raised against the petitioners fall As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione They heirby declaire The lybell at the Lord Advocats instance against the petitioners to be Lett fall

1. NRS, PC2/27, 111r-111v.

1. NRS, PC2/27, 111r-111v.

Sederunt, 7 June 1698, Edinburgh

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Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/12

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Earl of Ruglen; Viscount Tiviot; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Fountainhall; Lord Rankeillor; Mr Fra: Montgomry; Proveist of Edinburgh; Sir Patrick Murray

Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/12

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Earl of Ruglen; Viscount Tiviot; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Fountainhall; Lord Rankeillor; Mr Fra: Montgomry; Proveist of Edinburgh; Sir Patrick Murray

1. NRS, PC2/27, 110v.

2. NRS, PC2/27, 111r.

1. NRS, PC2/27, 110v.

2. NRS, PC2/27, 111r.

Act, 29 June 1697, Edinburgh

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Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/241

Act

Act James Chiseholme

The Lords of his majesties privie Counsell haveing considered a petitione given in to them by Leivetennent James Chiseholme with answers made therto for The Lady Graiden They heirby give order and warrand to the magistrats of Edinburgh and keeper of ther tollbwith to sett at Libertie the said James Chiseholme furth therof he first giveing bond and finding sufficient cautione acted in the books of privie Counsell That he shall appear befor the great court marishall at the horse gwards in Whytehall in England and answer to the lybell or claime persewed be The Lady Graiden against him and that he shall attend all the dyets of that process untill the small discussione therof imediatly efter the first sitting downe of the said court marishall efter this present campaigne shall be over And that wnder the penaltie of Two Hundereth punds Sterleing by and attour the performeance of the premisses

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/241

Act

Act James Chiseholme

The Lords of his majesties privie Counsell haveing considered a petitione given in to them by Leivetennent James Chiseholme with answers made therto for The Lady Graiden They heirby give order and warrand to the magistrats of Edinburgh and keeper of ther tollbwith to sett at Libertie the said James Chiseholme furth therof he first giveing bond and finding sufficient cautione acted in the books of privie Counsell That he shall appear befor the great court marishall at the horse gwards in Whytehall in England and answer to the lybell or claime persewed be The Lady Graiden against him and that he shall attend all the dyets of that process untill the small discussione therof imediatly efter the first sitting downe of the said court marishall efter this present campaigne shall be over And that wnder the penaltie of Two Hundereth punds Sterleing by and attour the performeance of the premisses

1. NRS, PC2/26, 373v-374r.

1. NRS, PC2/26, 373v-374r.