Scottish Record Society, Edinburgh Scottish Record Society cs 460 34- V.22 S COTT ISH RECORD SOCIETY. THE (Xommissariot of lEbinbuigb. ONSISTORIAL PROCESSES AND DECREETS, 1658-1800. EDITED BY FRANCIS J. GRANT, W.S., ROTHESAY HERALD AND LYON CLEKK. c-oW-^^ EDINBURGH : PRINTED FOR THE SOCIETY BY JAMES SKINNER & COMPANY. 1909. EDIJJBURGH : PRINTED BY JAMES SKINNKR AND COMPANY. PREFACE. Among the various civil jurisdictions exercised by the Ecclesiastical Courts prior to the Reformation was that of adjudicating in Con- sistorial causes or actions relating to marriage, legitimacy and divorce. The only records of that period now preserved in the General Register House are the Registers of two Officialates of St. Andrews for the years 1512-1552 and 1541-1554, excerpts from which were printed by the Abbotsford Club in 1845. In -1560 the jurisdiction of these Courts was abolished and on the institution of the Commissary Court in 1563-4 these cases were made over to the Commissaries of Edinburgh, who continued judges therein until 1830, when these matters were transferred to the Court of Session. The Record of these proceedings before 1658 will be found mixed up with those of the ordinary Court, but after that date the processes have been kept in separate bundles, and from 1684 the Extracted Decreets are contained in a different Register. These Processes and Decreets form the subject of this Index. The Processes include Actions for Divorce, both on the ground of desertion or adultery, Separation and Aliment, Declarator of Marriage or Legitimacy, Declarator of Freedom or Putting to Silence, Adherence, Reduction of Edicts of Executry, Nullity of Marriage, Reduction and Improbation and Scandal or Damages for Slander. When the decree has been extracted a reference is given to the volume and page where the same will be found. When there " is only a decreet and no process there is stated to be No warrants." ®fe Ornntmissannl cf OSitnburglj. CONSISTORIAL PROCESSES AND DECREETS, 1 658- 1 800. 1. Process of Adherence— Margaret Swan, daughter to the deceased Archibald Swan, gardener in Calderwood, against James Dykes, weaver at Kilbryde Kirk, her spouse 1658 — 2. Process of Divorce Jean Reid, now residenter in Kdinburgh, against WilHam Paul, now keeper of the store in the City- deall of Leith, her husband, married June J 650, within the Old Kirk of New Aberdeen 1663 — in 3. Process of Scandal George Watt, writer Edinburgh, against Margaret —Ker, spouse to Robert Pringle of Dewar 1663 4. Process of Scandal Hugh Soflay, armourer, burgess of Edinburgh, against James Middleton, armourer, burgess of Edinburgh 1664 son to 5. Process of Divorce—James Stirling, umquhile John Stirling, last commissar of Wigtoun, against Elizabeth Ogilvie in Maribone, near London, his spouse, married November 1652 1668 6. Process of Adherence—Agnes Johnstoun, lawful daughter to the deceased Robert Johnstoun of Wamphray, against Robert Muir, lawful son to the deceased Henry Muir, merchant, burgess of Edinburgh, married 22 April 1659 at Edinburgh — 1669 7. Process of Scandal Ronald Richardson and Eupham Elphin- ston, his spouse, indwellers in Gilmerton, against Agnes Boyes, in Heriotsmylne, and Alison Tait, indweller in Stenhouse 1669 8. Process of Declarator of Marriage — Euphemia Menzies, lawful daughter to umquhile John Menzies of Drumschenach, against William Kilgour, messenger in sheriffdom of Aberdeen, married— 1663 1670 9. Process of Adherence Margaret Hill in the Linktoune of Kirk- caldy, against Nathaniel Waters, coachmaker, burgess of Edinburgh, her spouse, married 18 December 1663 1672 10. Process of Scandal — William Eckford in Newhouse, against Adam Herron in Cun 1672 11. Process of Scandal—James Scott, sheriff-clerk of the sherift- dom of Edinburgh, against George Scott, chirurgeon in Edinburgh — 1672 12. Process of Divorce Lady Elizabeth Cunningham, spouse to Sir Ludovick Stewart of Mynto, against the said Sir Ludovick Stewart, married in 1660, in Cornwall, in England 1668 A Cominissariot of Edinburgh. [1658-1800. — 13. Process of Adherence Elizabeth Sands, lawful daughter to the deceased Andrew Sands, merchant, burgess of Edin- burgh, against Robert Christie, merchant, burgess of Culross, her spouse,— married September 1664 1672 14. Process of Scandal William Reid, weaver, burgess of Edin- burgh, against James— Kynneir, writer in Edinburgh 1673 15. Process of Scandal Dinneis Thomson, servitor to James Cockburn in Leith, against James Calder, carter in Edinburgh 1674 16. Process of Scandal - Marjory Cunningham, spouse to Robert Tennant, cordiner in Drumsheugh, against Catherine Gibson, servitrix to Alexander Shed, at the Water of Leith 1675 17. Process of Divorce— Mr. John Paterson, minister at Tunder- garth, against Rosina Irvine, lawful daughter to James Irvine of East Rggs, his spouse, married 5 April 1667 at Kirk of Kirkpatrick Fleming, Walter Scott called of Ladhope, sometime writer in Edinburgh, co-respondent 1676 18. Process of Adherence— Mr. Lawrence Scott of Bavillaw, against Margaret Maxwell, lawful daughter of Mr. Maxwell of Calderwood, his spouse, married 16 January 1670, John Neilson, son to —. Neilson of Craigathie, co-respondent 1677 19. Process of Divorce Catherine Sutherland, lawful daughter of Robert Sutherland, residing in Elgin, against Andrew Dunbar, son to Robert Dunbar, sometime in Peterhead, her spouse, married in December 1667 in the parish kirk of St. Geill's, Elgin 1677 20. Process of Scandal —William and John Adams, sons to the deceased Thomas Adams, seaman in Leith, procreated betwixt him and Jean Hunter, their mother, against Isabel Cunninghame, spouse to James Cook, prine maker in Leith 1677 21. Process of Adherence— Isobel Rollo, spouse to David Powrie, late servitor to the deceased James, Lord Rollo, against the said David Powrie, married at Dunning August 1664 1678 22. Process of Divorce—Alexander Duthie in Skaitraw of Elsick, against Elizabeth Leper, lawful daughter to John Leper in Gateside of Muchells, tenant to the Laird of Leyes, his married at of Muchells spouse, 5 July— 1662, Chapel 1678 23. Process of Adherence Magdaline Trent, lawful daughter to the deceased .... Trent, portioner of Newbattle, against George Sandilands, merchant in Edinburgh, lawful son to umquhile George Sandilands, portioner of West Barns, her spouse, married November 1665 1679 24. Process of Scandal—Alexander Nickall, residing at Dudding- ston, and Margaret Law, his spouse, against Alexander Livingston, residing there, and Janet Bell, his spouse, who were lately married 1679 25. Process of Scandal —William Chapman, servitor to James Gibb, vintner, Canongate, against Bessie Malloch, servitrix to the said James Gibb 1680 26. Process of Scandal—Archibald Campbell, merchant in Edin- burgh, against A.lexander Chaplain, Writer to the Signet 1680 27. Process of Divorce—John Row, chirurgeon in Stranrour in the sheriffdom of Galloway, against Elizabeth Keith, his spouse, married at Edinburgh 3 June 1672, at the New Kirk 1680 28. Process of Adherence—James Wardel, servitor to John Devon in Eastoune, against Jean Walker in the kingdom of Ireland, his spouse, married at West Calder, February 1668 1680 29. Process of Scandal — William Byres, indweller at the West Kirk, against John Chandler, merchant and burgess of 1682 1658-1800.] Consistorial Processes and Decreets. 3 30. Process of Divorce—William, Earl of Monteith, against Anna, Countess of Monteith. Robert Ross, younger, of Auch- lossan, co-respondent. Defender alleged Earl had married Katherine Bruce, daughter to Blairhall I i 19 July 1684 31. Process of Adherence—Alexander M'James, milner in Inner- markie, against Catherine— Neek Keinich, his spouse 1683 32. Process of Scandal James Young, brewer in Edinburgh, against [Rachel] Spence, spouse to Thomas Henderson, apothecary in Edinburgh 1683 33. Process of Scandal Alexander Hay, William Malcolm and George Baxter, waiters at the customs at Prestonpans, against Christopher Knowles and Janet Gardner, his spouse, residing —at Prestonpans 1684 34. Process of Scandal Archibald Fisher, barber, burgess in Edinburgh, against— James Peacock, barber in Edinburgh 1684 35. Process of Scandal George Owens, farmer at Calkiessie, and Elizabeth Dickson, his spouse, against William Knox, farmer at Doddridge, and Isobel and Elspeth Knoxes, daughters to the said William. James Paterson, farmer in - Doddridge, the complainer's— son-in-law 1684 36. Process of Adherence Gavin Fork, writer in Paisley, against Elizabeth Brisbane, married August 1679 '685 37. Process of Adherence— Isobel Johnston, lawful daughter to Adam Johnston in Longsyde, and spouse to Thomas Johnston, against the said Thomas Johnston 1685 38. Process of Scandal—John Hunter, merchant, burgess of Edin- burgh, against Walter Cheislie, merchant, burgess of Edinburgh 1685 39. Process of Scandal — Robert Falconer, indweller in Bottoms, against William Johnston in Swanston 1685 40. Process of Adherence— George, Lord Bamff, against Lady Jane Keith, lawful daughter to the deceased William, Earl of Marshall, his spouse, married September 1669, at the kirk of St. Fergus, and had issue . children, of whom four in life 1686 41. Process of Scandal— James Dickson, candlemaker, burgess of Edinburgh, against William Potter, indweller in Edin- burgh — 1686 42. Process of Scandal James Short, cordiner in Cannongate, against James Waugh,— glazier in Dalkeith 1686 43. Process of Adherence. Isobel Rollo, spouse to David Powrie, servitor to the deceased James, Lord Rollo, against the said David Powrie, married 1665 1687 44.