INFORMATION For the Lady Craigleith, and Laird of Prestoungrange, at first presented against Sir James Rochead, and now repeated against James Rochead his Son, with an Addition for the Laird of Mortounhall, humbly offered to the Members of the Committee for Security.  
THe deceased John Rochead of Craigleith, eldest Brother to the said Sir James, in his Contract of Marriage with Kathrine Trotter his Lady, is obliged to provide his Lands to his Heirs whatsomever, and coming to die about November 1673. years, he leaves only one Child, a Daughter of the Marriage, whom in his Testament he names his Executrix and universal Legatrix, and leaves to his Lady 6000. marks of Legacy: and farther appoints her sole Tutrix to his said Daughter, recomending the Care and Education of her very particularly and earnestly.  
And farther, there is a Clause interlined in the Testament, whereby he ordains his Daughter to match with his said Brother's eldest Son, if it shall please the Lord to spare her, the Daughter being about that time scarce nine years of Age, and Sir James his eldest Son about three years younger.  
After the Father's Decease, the Lady Craigleith as sole Tutrix takes upon her the Care and Education of her Daughter, and performs it with all Tenderness, and when her Daughter grows up to almost twelve years of Age, thinks how she may be disposed upon for her best Advantage, but Sir James laying hold upon the Recomendation in his Brother's Testament, touching his Daughter's Marriage with his Son to make all sure, Impetrats from the Privy Council, a Warrant for sequestracting the Daughter in the Family of the Bishop of Edinburgh, without ever calling or hearing the Mother sole Tutrix, or any other Party concerned, which Warrant being evidently very summar and undoubtedly Impetrat by the great Moyan Sir James, then had with some principal persons in the Council, and the effect of it being to pull an only Daughter out of her Mother's Arms, to whom her Father had so earnestly recommended her, and to expose her to the will and pleasure of Sir James, her next Heir appearand, the Lady did not think her●self obliged to comply with it, besides the Surprise of it was so amazing to her young Daughter, that she cried most bitterly and hung about her Mother's Neck, when the Intimation of the Order was made to her, crying out that she should not leave her Mother, nor ever marry Sir James' Son, and so slipped out of her Mother's House; and her Mother observing her Daughter's Aversion, & many other things not proper her to be commemorate, and in a word being desirout to disposs upon her Daughter, as both the ill Consequences of a constrained and unpromising Marriage might be evited, and the Father's Recomendation far more effectually satisfied, makes up and concludes the Marriage betwiuxt her Daughter and Prestoungrange now her Husband, whom all must now grant to have been a most proper and advantageous Choice.  
But there being a necessity to have the Marriage privately celebrate, because of Sir James his Power and Influence for the time, the Parties go to the Border and are there married by a Non-conform Minister, whereas Sir James Storming highly conveens, not only the Lady Craiglieth with her Daughter, and Prectoun Grange her Husband, but also Henry Trotter of Mortounhall, and Prestoungrange elder: and libelling them before the Council upon an Act of Council made in the year 1668. whereby it is declared, that such as take away any young Gentlewoman within Age contrary to the Councils Commands should be should be punished as they should think fit: and that such as contract Marriage with them should be punished by Fines equivalent to their Tocher. and upon the Councils foresaid Order for Sequestration, and likeways making mention of the Father's Testament and Recomendation, & that it was by his procurement that the 6000 marks of Legacy was left to the Mother, and yet she, and her Complices had sent her away to the Border to be married there to Prestongrange, by an outed Minister, to the high Contempt as he alleged of Authority, he obtained the Lady to be Fyned in no less than 6500 marks, and the rest in 3500 marks, and 9000 marks to be given to himself, for his pretended Damages, beside the Legal Fine of 1000 marks imposed upon Prestongrange, for his clandestine Marriage, and accordingly all these Fines were paid.  
But it being declared by the Claim of Right, that extraordinary Fines are contrary to Law, the Lady Craigleith hath now appealed to the Parliament, and obtained a Reference to the Commission for Fines and Forefaultures, to have the same there tried and examined, in order to her Redress, and that she and Prestoungrange have good reason to demand this Redress, appears.  
First, because the foresaid Act of Council 1668, was made upon the occasion of a particular case of a young Gentlewoman's being carried away without the consent or knowledge of her Friends, and cannot in reason be farther extended, since no man of Sense will think that it was the meaning of the Council, to make themselves absolute Arbiters of all young Gentlewoman's Marriages, as the words libeled upon seem to import; But so it is, that Prestoungrange did carry away his Lady, with her own, her Mother, and all Friends Consent, Sir James only excepted, so that this Act of Council concerns not this case.  
2. It is evident, that even the Council did not judge that Paestoungranges' case did belong to the foresaid Act, otherways they should (and undoubtedly would) have fined him in the Equivalent of his Tocher, which we see they have not done. But 3. Whatever is in this Order of Council more than Law allows, could not at that time, nor is at any time binding; but so it is, that all that can be found in Prestoungranges' case, was a clandistine Marriage, whereof the pain of Law is only 1000 Marks.  
3. As to the Councils Order for Sequestration, It is not doubted, but that the Council may in certain Cases Sequestrate; But than it ought to be upon the hearing of Parties, and certainly, if Parties had been first heard, the Council had not granted this Order: And if the Lady was both surprised and terrified to find her Daughter taken from her, and ordered to a Bishop's house, at the desire of Sir James her nixt Heir, and so far contrary to her Daughter's Education, and both their Inclinations, it was nothing to be wondered at, but a matter every way excusable, and could not justly be construed a Contempt of the Council Authority, where Sir James had proceeded so illegally, and had only Impetrate the Order upon his own Peril.  
4. As to what Sir James pretended from his Brother's Testament; 

1. It is positively affirmed, that the Recommendation in the Testament was insert and interlined, after it was Subscribed. But  
2. Whether it was so or not, the Words bear only a Recomendation or Advice, which imports no Obligation, and always leavs a latitude for a more equal Choice.  
3. It was a most false Insinuation, That Sir James procured the Legacy of 6000 marks to be left to the Lady, nor is there the lest vestige in the Testament, that that Legacy had the least respect to the foresaid Recommendation.  
4. No rational man can doubt, but if the deceased John Rochead were alive this day, He would approve his Lady's Choice, and pass from his own Recommendation. And it was notourly known that the Sequestration was contrived by Sir James, not in order to a Marriage with his own Son, but he was to dispose of her to another Person on purpose to make his Interest at Court.    
5. As to the Ladies marrying her Daughter to Prestongrange, it was evident at that time by all that were Impartial, judged to be the more equal Marriage: Sir James his Son was three years younger than the Lady's Daughter, and the Daughter's Marriage did not happen till near three years after the Father's Death, in which space, many Grounds of Aversion and Alienation might have fallen in, as in effect they did, which might justly determine both the Mother and the Daughter to make a new Choice, notwithstanding of the Defuncts Recomendation. If the Daughter and Sir James' Son had been both Marriageable when the Father died, the Recomendation might have had more weight, but to think that a Recomendation of Marriage, as to Persons under Age, should be of any moment three years thereafter, against a more equal Choice made be both Mother and Daughter, is contrary both to the Liberty of Marriage, and all Rules of Good Sense.  
6. That Prestoungrange was married by an Outed-Minister, is clearly enough, and in terminis libeled; And the very Act of Parliament discharging Marriages by outed Ministers, is one of the Acts libeled upon: but whether this should have been an Aggravation for so exorbitant a Fine, all men may judge.  
In Respect whereof, it is evident, that the Grounds of the said Fine were Arbitrary, and the Fine itself extraordinary and exorbitant, and such as are Condemned by the Claim of Right, and is most justly referred to the Cognition of this Commission.  
Sir James would willingly decline the Commission, or have the Commission to decline themselves; because this Case seems not to be included in the Act of Parliament, which grants this Commission. 

But First, if it had been more directly included in that Act, it had not needed an express Reference.  
2. It's Reference is the same, and every way as Valid as many others made by the Parliament to this Commission, without any formal Vote, and far more Remote from the Subject of the said Act of Parliament. But  
3. This Case is clearly comprehended in the Claim of Right; which its well known, was the Rule principally regarded in making the foresaid Act of Parliament; and had the case been then named, it had certainly been expressly Included.  
4. In so far as marrying by an Outted-Minister, is made one of the principal Aggravations of this Sentence: it falls directly within the Compass of the said Act of Parliament; and it's very like, that at that time the Ladies refusing to put her Daughter in the Bishop's house, and her Daughters marrying by an outed Minister, were the greatest Ingredients in their Gild, to procure this heavy Fine.  
5. It is evident, that this Matter cannot be Tried by any other Court, but by the Parliament; for seeing the Fine was Imposed by Act of Council, and was manifestly exorbitant, and by the Claim of Right, appointed to be Considered and Redressed. It is obvious, that the Parliament are the only proper Judges in this Review. And  
6. Since that this Commission is only to Try and Report; Innerleith must have a very suspicious Diffidence of his Cause, if he draw back from the Commission, and be unwilling that His Majesty and the Parliament Determine in it.    
This Affair being afterwards brought before the said Commission, and Debated in their Presence; the Commission induced, the Parties to submit, and gave forth their Decreet Arbitral: But Sir James having Reclaimed against it, the Lady Craigleith did likewise Resile, and so the Decreet took no Effect. Likeas, John Trotter now of Mortounhall, as representing his Father, who was likewise concerned in that Matter, did not at all submit: and therefore, both he, and the Lady Craigleith, and Prestoungrange for his Interest, do humbly apply to the Committee for Security; as come in place of the foresaid Commission, to have this whole Matter Reported and Determined in Parliament.