A party having offered at the bar to accept a lady, whom he had before refused, the parties were appointed to meet at a particular church to celebrate the marriage, with certification.
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Mr Harry Stirling, donatar to the ward of marriage of John Nisbet, son and apparent heir to umquhile Philip Nisbet of Swansfield, pursues John to make payment of the single avail of his marriage, viz. 5000 merks to him, as donatar, with the double avail thereof, in respect of the offer made by the pursuer to John, of Isobel Stirling, daughter to umquhile James, as party agreeable to him in marriage without disparrage, and of John's refusal of that offer, extending the double avail to 10,000 merks. Alleged no process for single nor double, because John was ever willing, and is yet, conform to the requisition and offer, to compleat marriage with her. The Lords ordain either of the parties to meet and convene within the parish kirk of Stow, and that betwixt and the 2d September, which day the Lords assign to them to that effect, and there to conclude, compleat, and accomplish the marriage in face of the holy kirk, with certification if John failzie, the Lords will proceed and minister justice, as effeirs.
Fol. Dic. v. 1. 569. Nicolson, MS. No 396. p. 274.
