Act, 11 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/581

Act

Act Mr Alexander Burnet for stipend

Anent the petitione Given in to the Lords of there Majestyes privie Counsell be Mr Alexander Burnet Late Minister of Crossmichaell within the presbitry of Kirkcudbright Shewing That whereas the petitioner wes most unjustly and Illegally violented from the exercise of his ministrie at the said paroch and thrust from his house and duelling And he and his poor familie necessitat to come to Edinburgh And the petitioner haveing been thus Compelled to desert his charge and that without any sentence as yet obtained againest him of any Judicatorie aither civill or ecclesiastick There will be thereby tuo years stipend of the said Church vacant viz From Mertinmess Jaj vjc Eighty Nyne till Mertinmess last bypast Dureing all which tyme None did serve the Cure at the said Church (The present Incumbent haveing entered since Michaellmess Last) And therefore can pretend no Interest in the said vacant stipend And albeit the heretors of the said paroch have made there address to the saids Lords of privie Counsell Craveing the vacand stipend of the year Jaj vjc and Nyntie may be allowed them for expenses and Charges they have been at in repairing of thesaid church whereas it is verie well knowen to there Lordships That by the Lawes and acts of parliament of this Natione all heretors are obleidged to maintaine and repair the fabrick of there respective paroche Churches And therefor can by no Shaddow of Law can repetitione of what by Law they were oblidged to expend or compensatione where no debt is oweing to them And as for charity It is hoped by the petitioner They nether nead nor plead the same as he himself is now necessitat to doe In respect he is unjustly thrust from his Liveing as said is And sieing the right of patronadge of the said kirk and by Consequence the disposeall of the said stipend is fallen Into there Majestyes hands be vertue of ane act abolishing Episcopacie The Bishop of Edinburgh haveing been formerly patrone thereof And therefore Craveing That the saids Lords would be pleased to ordaine all heretors and others Lyable to make payment to the petitioner of the saids tuo years vacand stipend And that Notwithstanding of any pretence they can have in detaining the same in there hands for there obleidged reparationes of the said Church Especially sieing If neid were It could be made appear to the saids Lords That the expenses of the said reparationes will not amount to Ane half of ane years stipend acclaimed As the said petitione bears The Saids Lords of there Majestyes privie Counsell haveing considered the petitione Given in to them be the above Mr Alexander Burnet They hereby allow to the petitioner the stipend of the above kirk of Crossmichaell for the first half of the Cropt and year of God Jaj vjc and Nyntie And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters Lyfrenters and others Lyable in payment of2 the said stipend for the said half year And ordaines Letters of horning to be direct hereon at the petitioners Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaid Lyable in payment of the said stipend To make payment thereof to the petitioner for the said half year According as they shall be decerned be the Judge ordinary

At Edinburgh 11 February 1692

A1692/2/581

Act

Act Mr Alexander Burnet for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr Alexander Burnet, late minister of Crossmichael within the presbytery of Kirkcudbright, showing that whereas the petitioner was most unjustly and illegally violented from the exercise of his ministry at the said parish and thrust from his house and dwelling and he and his poor family necessitated to come to Edinburgh, and the petitioner having been thus compelled to desert his charge and that without any sentence as yet obtained against him of any judicatory either civil or ecclesiastical, there will be thereby two years’ stipend of the said church vacant viz from Martinmas 1689 till Martinmas last bypast. During all which time none did serve the cure at the said church (the present incumbent having entered since Michaelmas last) and therefore can pretend no interest in the said vacant stipend. And albeit the heritors of the said parish have made their address to the said lords of privy council craving the vacant stipend of the year 1690 may be allowed them for expenses and charges they have been at in repairing of the said church, whereas it is very well known to their lordships that by the laws and acts of parliament of this nation all heritors are obliged to maintain and repair the fabric of their respective parish churches and therefore by no shadow of law can repetition of what by law they were obliged to expend or compensation where no debt is owing to them [be claimed], and as for charity it is hoped by the petitioner they neither need nor plead the same as he himself is now necessitated to do in respect he is unjustly thrust from his living as said is, and seeing the right of patronage of the said kirk and by consequence the disposal of the said stipend is fallen into their majesties’ hands be virtue of an act abolishing episcopacy, the bishop of Edinburgh having been formerly patron thereof, and therefore craving that the said lords would be pleased to ordain all heritors and others liable to make payment to the petitioner of the said two years’ vacant stipend and that notwithstanding of any pretence they can have in detaining the same in their hands for their obliged repairs of the said church especially seeing if need were it could be made appear to the said lords that the expenses of the said repairs will not amount to one half of one year’s stipend acclaimed as the said petition bears. The said lords of their majesties’ privy council having considered the petition given in to them by the above Mr Alexander Burnet, they hereby allow to the petitioner the stipend of the above kirk of Crossmichael for the first half of the crop and year of 1690, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, liferenters, and others liable in payment of the said stipend for the said half year. And ordain letters of horning to be directed hereon at the petitioner’s instance against them for that effect, he producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the petitioner for the said half year according as they shall be discerned by the judge ordinary.

1. PC1/48, 39-40.

2. Written as ‘therof’ but ‘ther’ has been scored out.

1. PC1/48, 39-40.

2. Written as ‘therof’ but ‘ther’ has been scored out.