Act, 11 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/171

Act

Act Jean Brown Against The heritors of the parish of Inschmachan

Anent the bill of Suspensione given in and Presented to the Lords of their majesties privy Councill be George Earle of Linlithgow, James Hamiltoun of Bangour, Sir Robert Mylne of Binnie James Ramsay of Blackoroig and James Whyt tennant in Waterstoune Mentioning That quher the petitioners are charged be vertue of letters of horning raised at the instance of Jean Brown relict of the deceast Mr William Hay somtyme minister at Hollywood To make payment to her of the stipend due and payable be the petitioners and ilk ane of them to the minister of the parish kirk of Eglismachin And that for the cropt and year of god Jaj vjc Eightie nyne and Jaj vjc nyntie conforme to ane old decreet of Localitie dated the tuentie Eight day of February Jaj vjc fiftie and conforme to the saids Lords act in his favors dated the tuentie nynth day of December last and sicklyke the petitioners are troubled for the stipend payable be them, By Mr William Smart minister at the Kirk of Eglismachan who pretends Right therto bothe as incumbent and by the saids Lords out with the patrones consent, and lastly they are distressed for the cropt and year of god Jaj vjc Eightie nyne by Mr William Simervell minister at […] Who pretends right therto by ane alledged generall act of Councill in favors of these presbyterian ministers who preached in vaccant Churches and that within a Certaine short space nixt after the charge under the paine of Rebellion and puting of him to the horne most wrongeously and unjustly Considering It is of veritie that they could only be Lyable in once and single payment Which they are willing to make to any who shall be found to have best right therto Bot it is hard for the petitioners to be distressed at the instance of severall persones for one and the same subject secundo The said Earle of Linlithgow is undoubted Patron of the said paroch kirk of Eglismachan, and so by act of Parliament have right to the disposall of the vaccant stipend and no act of Councill Impetrat parte non audita could prejudge him of his legall right, and it should be made appear to the saids Lords at the discussing heirof that the said Earle hade Disposed of the samen for a pious use And Therfore the forsaids letters and charges ought to be suspended and to show that the petitioners are not malicious thy are content that the severall intrests be discussed upon the bill And Therfore Humbly Craveing the saids Lords to call the saids charges before them for productione of their severall rights and intrests To have been seen and Considered be the saids Lords, and to have heard and seen the partie haveing best right preferred be the saids Lords therto, And the parties haveing no right Discharged from any farder midling therwith and in the mean tyme to suspent the forsaids letters etc as the said bill more fully bears The Lords of their majesties Privy Councill haveing Considered this bill of suspensione given in to them be the heritors of Inschmachan with the answer made therto be the above Jean Brown one of the Chargers They Refuse the bill of Suspension And allowes the said Jean Brown to goe one in her Dilligence, And Discharges the other said Jean Brown her Discharge shall be ane suficient exoneratione to the persones Lyable in payment of the above years stipend.

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/171

Act

Act Jean Brown Against The heritors of the parish of Inschmachan

Anent the bill of Suspensione given in and Presented to the Lords of their majesties privy Councill be George Earle of Linlithgow, James Hamiltoun of Bangour, Sir Robert Mylne of Binnie James Ramsay of Blackoroig and James Whyt tennant in Waterstoune Mentioning That quher the petitioners are charged be vertue of letters of horning raised at the instance of Jean Brown relict of the deceast Mr William Hay somtyme minister at Hollywood To make payment to her of the stipend due and payable be the petitioners and ilk ane of them to the minister of the parish kirk of Eglismachin And that for the cropt and year of god Jaj vjc Eightie nyne and Jaj vjc nyntie conforme to ane old decreet of Localitie dated the tuentie Eight day of February Jaj vjc fiftie and conforme to the saids Lords act in his favors dated the tuentie nynth day of December last and sicklyke the petitioners are troubled for the stipend payable be them, By Mr William Smart minister at the Kirk of Eglismachan who pretends Right therto bothe as incumbent and by the saids Lords out with the patrones consent, and lastly they are distressed for the cropt and year of god Jaj vjc Eightie nyne by Mr William Simervell minister at […] Who pretends right therto by ane alledged generall act of Councill in favors of these presbyterian ministers who preached in vaccant Churches and that within a Certaine short space nixt after the charge under the paine of Rebellion and puting of him to the horne most wrongeously and unjustly Considering It is of veritie that they could only be Lyable in once and single payment Which they are willing to make to any who shall be found to have best right therto Bot it is hard for the petitioners to be distressed at the instance of severall persones for one and the same subject secundo The said Earle of Linlithgow is undoubted Patron of the said paroch kirk of Eglismachan, and so by act of Parliament have right to the disposall of the vaccant stipend and no act of Councill Impetrat parte non audita could prejudge him of his legall right, and it should be made appear to the saids Lords at the discussing heirof that the said Earle hade Disposed of the samen for a pious use And Therfore the forsaids letters and charges ought to be suspended and to show that the petitioners are not malicious thy are content that the severall intrests be discussed upon the bill And Therfore Humbly Craveing the saids Lords to call the saids charges before them for productione of their severall rights and intrests To have been seen and Considered be the saids Lords, and to have heard and seen the partie haveing best right preferred be the saids Lords therto, And the parties haveing no right Discharged from any farder midling therwith and in the mean tyme to suspent the forsaids letters etc as the said bill more fully bears The Lords of their majesties Privy Councill haveing Considered this bill of suspensione given in to them be the heritors of Inschmachan with the answer made therto be the above Jean Brown one of the Chargers They Refuse the bill of Suspension And allowes the said Jean Brown to goe one in her Dilligence, And Discharges the other said Jean Brown her Discharge shall be ane suficient exoneratione to the persones Lyable in payment of the above years stipend.

1. NRS, PC2/24, 24v-25r.

1. NRS, PC2/24, 24v-25r.