Act, 27 December 1694, Edinburgh

Edinburgh The Threteinth day of December J^aj vj^c nyntie Four years

D1694/12/13

D1694/12/13¹

Act

Act Upon the Toune of Newburghs petition

Anent the petition given in to the Lords of their Majesties privy Councill be present baillies and Councill of the Burgh of Newburgh and heritors within the paroch Shewing That wher upon a petition given in to the saids Lords in september J^aj vj^c nyntie two by the petitioners with Consent of the patron, The saids Lords were pleased Conforme to the act of parliament to appoint Mr David Orem factor for uplifting the haill bygone stipends of the parish kirk of Newburgh from the terme of mertimiss J^aj vj^c Eightie nyne for building of a manse Repairing of the kirk and dykes therof and building of a schooll house in the said paroch of Newburgh Conforme wherinto the said Mr David Orem entered to the uplifting of the said vaccants stipends and begann to apply the samen Conforme to the saids Lords appointment yet therafter in February last bypast by Collusion betwixt the said factor and George Lundie of Drums ther is a petitione given in Craving that Mr David Orem might be discharged to intromitt furder with the said vaccant stipends or to apply any more of what he hade uplifted to the pious uses forsaids, But to make Compt and payment therof to Anna Lundie daughter to the said George, And Likewayes Craveing the saids Lords would order the stipend of the said parish kirk for the year J^aj vj^c nyntie four to be payed to the said George Lundie for the use of his daughter, And seing ther was a right accquyred to the petitioner to the stipend Conform to the act of parliament by the saids Lords delyverance on a petition in september J^aj vj^c nyntie two years and any posterior delyverance In prejudice therof surreptitiously obtained upon misrepresentiones In so farr as the delyverance upon the petition in February J^aj vj^c nyntie ² four Is alledged to have been upon Consent of the toune Councill of Newburgh which was never obtained or they ever so much as acquainted with or allowed to be heard in the said petition as ane Declaratione Under their hand therwith produced would testifie Secundo no vaccant Stipends were ever disposed of by the saids Lords to any deprived ministers Unles they would take the oath of alledgance Conforme to ane express act of the saids Lords theranent, which this Mr Grant Anna Lundies husband was so farr from doeing That he stands Declaired Fugitive upon two severall processes before the saids Lords for his Contempt and Disobedience to the government Tertio It would suficiently evince the trick of Collusione of this petition That the same is given in be George Lundie in name of his daughter as if she hade been a relict of a minister wheras her husband Grant is still allyve and persisting in his contempt to the Lawes and Government Quarto the stipend J^aj vj^c nyntie four is disposed of and lifted by the saids Lords in February J^aj vj^c nyntie four which was before the ground was sowen, and so long befor any part of the stipend Could be due which was done and Contrived of purpose to obstruct and discourage the Calling of a minister , and therby keept the Church vaccant and the paroch destitute of all the ordinances of the Gospell And Therfore Humbly Craveing the saids Lords In Consideration of the premisses and that their petition in September J^aj vj^c nyntie two was Founded upon the express consent of the patron and heritor as the samen Lying in the Clerks hands would evince To Recall and discharge the act in favors of the said George Lundie and to Ordaine the said Mr David Orem to Compt to the petitioners and the factor to be appointed by them for what he hath not payed to the said Anna Lundie of the soumes uplifted by him by vertue of the said former act in the petitioners favors and in Lew and plaice of what he has disposed of the said vaccant stipend, That the saids Lords would be Graciously pleased To Grant the vaccant stipend for the Cropts J^aj vj^c nyntie thrie and J^aj vj^c nyntie four years, And ordain the heritors and others Lyable in payment therof To make payment to the petitioners or the factor to be appointed be the petitioners for uplifting the samen upon his finding suficient Caution To apply and Imploy the Same to the pious uses abovementioned, And upon the releiff and supply off the manifold poor of the petitioners paroch who dayly increase by the want of Charity They would have hade the benefite off if the Church hade been plainted as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above baillies and Councill of the burgh of Newburgh and parish therof with the answers therto for Anna Lundie and her ³ Cheldrein with the writtes produced therwith They heirby refuse the desyre of the petition And adheres to the Last act of Councill In favors of the said Anna Lundie and her Cheldrein.