Scottish Privy Council Records

A1692/1/23

Act

Act Mr Arthur Miller and Mr Samuell Nimmo for stipend

Anent a petitione given in to the Lords of their Majesties privie Councill Be Mr Arthur Miller and Mr Samuell Nimmo minister[s] of the Gospell sheuing That wher the deceased Earle of Lauderdale sometyme before his death which was after whitsunday J^aj vj^c nyntie one having granted in favoures of the petitioners a gift of the vaccant stipends of the Kirks of Inneresk and Collingtoune wherof they were formerly Ministers viz to him the said Mr Arthure a gift of the whole year J^aj vj^c nyntie one and to him the said Mr Samuell a Gift of the halfe of that year as their respective gifts therof produced with the said petitione will testifie And upon former applicatione made to their Lordships by the said Mr Arthure the patrons gift quoad the one halfe of the said year is ratified and approven And as to which he the said Mr Samuell is in pari casu The Earle having survived the terme of Whitsunday as aforsaid And quoad the other halfe of the same by law being at the disposall of the succeeding patrone And the right of patronage of both the saids kirks being legally adjudged frae the late Earle at the Instance of John Lord Yester and his children And who accordingly stand heretabillie Infeft therupon As also that the same right being lykewayes adjudged be Sir John Lauder of Hattoune one of the Senators of the Colledge of Justice They came therby in the patrons place and vice And who towards the making of the Late Earls right effectuall in totum to the said Mr Arthure quoad the whole year J^aj vj^c nyntie one And for the said Mr Samuell his more easie obtaining ane gift of the other half of that year of Collingtoune from their Lordships as not being disposed upon by the last patrone in his oune Lyfe The said John Lord Yester as administrator for his childrene and the said Sir John Lauder for himself by a wryte under their hand produced with the said petitione relative to their formerapplicatione Doe freely consent in as farr as may concerne the patrones Intrest and their right of patronadge That the Earls gifts may be valide quoad the half year J^aj vj^c nyntie one as aforsaid to the said Mr Arthure by ane Act of ther Lordships in fortificatione of what the patrone hes already done as also for ratifying of the said Mr. Samuell his gift quoad the half year already gifted and for his more easie obtaining from their Lordships a right to the other half in manner more fullie contained in the said consent produced As aforsaid And therfore Humblie Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councill Having Considered the above petitione with ane Assignatione be the deceast Earle of Lauderdale to the said Mr Arthur of the stipend of Inneresk due and payable at Whitsunday and Martimes J^aj vj^c nyntie one years And another be the said deceast Earle to the said Mr Samuell of the half years stipend of Collingtoune frae Martimes J^aj vj^c nyntie to Whitsunday J^aj vj^c nyntie one And the said Consent be the Lord Yester as tutor and administrator to his Children and the Lord Hattoune wherby for their right of patronadge they consent that the petitioners obtaine Gifts from the Councell of the above stipends for the year J^aj vj^c nyntie one They heirby allow to the said Mr Arthure the stipend of the said kirk of Innerask and to the said Mr Samuell the stipend of the kirk of Collingtoune for the haill Cropt and year of god J^aj vj^c nyntie one And ordaines them to be readily answered obeyed and payed of their said respective stipends Be the Heretors Fewers wodsetters Lyferenters fermers titulars tacksemen of teynds possessors and others lyable in payment of Letters of Horning to the direct heiron at the Instance of the said petitioners They allwayes producing decreits of Locality And In case ther be none ordaines the Heretors and others forsaids lyable in payment of the saids stipends To make payment therof to the petitioners for the said year according as they shall be decerned by the Judge ordinary

A1692/1/23

Act

Act for Mr Arthur Miller and Mr Samuel Nimmo for stipend

Concerning a petition given in to the lords of their majesties’ privy council by Mr Arthur Miller and Mr Samuel Nimmo, ministers of the Gospell, showing that where the deceased [John Maitland] earl of Lauderdale sometime before his death which was after Whitsunday 1691, having granted in favour of the petitioners a gift of the vacant stipends of the kirks of Inveresk and Colinton whereof they were formerly ministers, namely to him the said Mr Arthur a gift of the whole year 1691 and to him the said Mr Samuel a gift of the half of that year as their respective gifts thereof, produced with the said petition will testify, and upon former application made to their lordships by the said Mr Arthur the patron’s gift as far as the one half of the said year is ratified and approved, and as to which he the said Mr Samuel is on an equal footing. the earl having survived the term of Whitsunday as aforesaid, and as far as the other half of the same by law being at the disposal of the succeeding patron, and the right of patronage of both the said kirks being legally adjudged from the late earl at the instance of John Lord Yester and his children, and who accordingly stand heritably infeft thereupon, as also that the same right being likewise adjudged by Sir John Lauder of Hatton, one of the senators of the college of justice, they came thereby in the patron’s place and vice, and who towards the making of the late earl’s right effectual in totum to the said Mr Arthur as far as the whole year 1691, and for the said Mr Samuel his more easy obtaining a gift of the other half of that year of Colinton from their lordships as not being disposed upon by the last patron in his own life, the said John Lord Yester, as administrator for his children and the said Sir John Lauder for himself, by a writ under their hand produced with the said petition relative to their former application, do freely consent in as far as it may concern the patron’s interest and their right of patronage, that the earl’s gifts may be valid as far as the half year 1691 as aforesaid to the said Mr Arthur by an act of their lordships in fortification of what the patron has already done, as also for ratifying of the said Mr. Samuel his gift as far as the half year already gifted, and for his more easy obtaining from their lordships a right to the other half in manner more fully contained in the said consent produced as aforesaid, and therefore humbly craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered the above petition with an assignation by the deceased earl of Lauderdale to the said Mr Arthur of the stipend of Inveresk due and payable at Whitsunday and Martinmas 1691, and another by the said deceased earl to the said Mr Samuel of the half year’s stipend of Colinton from Martinmas 1690 to Whitsunday 1691, and the said consent by the Lord Yester, as tutor and administrator to his children, and the Lord Hatton whereby for their right of patronage they consent that the petitioners obtain gifts from the council of the above stipends for the year 1691, they hereby allow to the said Mr Arthur the stipend of the said kirk of Inveresk and to the said Mr Samuel the stipend of the kirk of Colinton for the whole cropt and year of God 1691, and ordains them to be readily answered, obeyed and paid of their said respective stipends by the heritors, feuers, wadsetters, liferenters, fermers, titulars, tacksmen of teinds, possessors and others liable in payment of, letters of horning to the directed hereon at the instance of the said petitioners, they always producing decreets of locality, and in case there be none ordains the heritors and others foresaid liable in payment of the said stipends, to make payment thereof to the petitioners for the said year according as they shall be decerned by the judge ordinary.