Act, 14 June 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Fourteint day of Junij Jaj vjc and nyntie tuo years

A1692/6/511

Act

Act The relict of Mr William Violent for stipend

Anent the petition Given in to the Lords of there majesties privie Counscill be Issobell Aird relict of the deceist Mr William Violent Minister of the Gospell Shewing That where the petitioners said deceist husband as being minister of the Kirk of Ferripartouncraig and outted since the year Jaj vjc and sixtie one but now reponed by the Late act of parliament Jaj vjc and nyntie yeirs hade good and undoubted right to the stipend Jaj vjc and nyntie Conform to the termes of the said act And Lykewayes to the first half of the year Jaj vjc nyntie one untill the tyme of his demission upon his being transported to St Andrews yet nevertheles Cassengray Collector of the vacand stipends hath charged for the said stipend as vacant By reason of the petitioners said husbands being2 detained throw Infirmity and Sicknes in the paroch of Cambusnethan where he wes serving when he wes reponed did actually uplift the same from the heretors and others Lyable in payment which in all reason ought to be restored and repayed to the petitioner as relict for her oune use and the use of his children Likeas albeit the petitioners said husband hade right as said is to the first half of the year Jaj vjc nyntie one yet the same is questioned By reason that the Kings gift for St Andrews is daitted befor the whitsonday though his demission of the kirk of the Ferrie wes truely after whitsonday which needs Lykewayes to be cleared by the saids Lords there warrand And sicklyke the petitioners said deceist husband being presented by his majestyes gift as said is to be principall of the said new colledge yet at the pleasure of the Lord he deceassed in november Last Leaveing the petitioner his poor relict and fyve fatherles children so that by the tyme of his deceass he hade only right to the stipend of the said office for the mertimes terme Jaj vjc and Nyntie one But he being a Minister there alswell as a professor The petitioner hes clear right as his relict to the whitsonday terme of the said stipend for the said year Jaj vjc and nyntie tuo, As the sum desyned by the act of parliament yet Andrew Clerk factor to the university scrouples to pay the same without the saids Lords of privie Councill there warrand And sieing that it is well knowen how faithfull painfull and sober the petitioners said deceist husband wes in the work of the ministery And that besydes his long and sore Infirmity and sicknes by reason of the gravill he wes also at great pains and charges to transport himself first from Cambusnethan in Clidsdaill to the Ferrie the remotest corner of Fyffe And then from the Ferrie to St Andrews And that yet he gott no transport money as is ordinarie in all such cases whereby it really happens that what by the petitioners husbands Long sicknes and what by the forsaid charges and expenses That the petitioner and her fatherles children are Left in great straitts and distresses3 And therefore craveing that the saids Lords would be pleased In consideration of the premises and in Compassion of the destitute Condition of the petitioner and her fyve Children To Give order and warrand to Cassengray the Collector to refound to the petitioner the said stipend Jaj vjc and nyntie of the Kirk of the Ferrie As also to declare the petitioners right and give orders for payment to her of the first terme thereof for the year Jaj vjc nyntie one And Lastly to ordaine the said Andrew Clerk factor to make payment to the petitioner of this Last whitsonday terme in St Andrews as the petitioners Aun in maner forsaid and ordaine Letters to be direct upon the premises In forme as effeirs As the said petitione bears The Saids Lords of there Majestyes privie Councill haveing Considered this petitione given in to them be the above Issobell Aird They Hereby ordaine the above Mr James Melvill of Cassengray to restore and refound to the petitioner the stipend of the above kirk of Ferriepartouncraig for the cropt and year of God Jaj vjc and Nyntie And Finds and declares that the petitioner hes right to the stipend of the said kirk for the first half of the cropt and year of God Jaj vjc and Nyntie one and ordaines her to be ansuered obeyed and payed thereof be the heretors fewers Lyfrenters titulers tacksmen of teynds tennents possessors and others Lyable in payment of the samen and ordaines Letters of horning to be direct at her Instance againest them for that effect upon production of a decreet of Locality And in case ther be none ordaines these Lyable to make payment of there respective proportiones according as the samen shall be decerned be the Judge ordinary And the saids Lords allowes the petitioner the stipend due to the principall of the new Colledge of St Andrews for the first half of the Cropt and year of God Jaj vjc nyntie tuo And ordaines Andrew Clerk factor to make payment to her of the samen she produceing a decreet of Locality And in case there be none ordaines him to make payment Conforme to a decreet to be obtained befor the Judge ordinarie

At Edinburgh 14 June 1692

A1692/6/511

Act

Act for the widow of Mr William Vilant for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Isobel Aird, widow of the deceased Mr William Vilant, minister of the gospel, showing that where the petitioner’s said deceased husband as being minister of the kirk of Tayport and ousted since 1661 but now restored by the late act of parliament of 1690, had good and undoubted right to the stipend for 1690, according to the terms of the said act, and likewise to the first half of 1691 until the time of his demission upon his being transported to St Andrews; yet nevertheless [James Melville of] Cassingray, collector of the vacant stipends, has charged for the said stipend as vacant by reason of the petitioner’s said husband’s being detained through infirmity and sickness in the parish of Cambusnethan where he was serving when he was restored, did actually uplift the same from the heritors and others liable in payment which in all reason ought to be restored and repaid to the petitioner as widow for her own use and the use of his children. Similarly, albeit the petitioner’s said husband had right to the first half of the 1691, yet the same is questioned by reason that the king’s gift for St Andrews is dated before Whitsun, though his demission of the kirk of Tayport was truly after Whitsun, which also needs to be cleared by the said lords’ warrant. Similarly, the petitioner’s said deceased husband being presented by his majesty’s gift to be principal of the said new college, yet at the pleasure of the Lord he deceased in November last, leaving the petitioner his poor widow and five fatherless children, so that by the time of his decease he had only right to the stipend of the said office for the Martinmas term 1691, but he being a minister there as well as a professor, the petitioner has clear right as his widow to the Whitsun term of the said stipend for 1692, as the sum designated by the act of parliament, yet Andrew Clerk factor to the university scruples to pay the same without warrant of the said lords of privy council, and seeing that it is well known how faithful, painstaking and sober the petitioner’s said deceased husband was in the work of the ministry, and that besides his long and sore infirmity and sickness by reason of the gravel he was also at great pains and charges to transport himself first from Cambusnethan in Clydesdale to Tayport, the remotest corner of Fife, and then from Tayport to St Andrews, and that yet he got no transport money as is ordinary in all such cases whereby it really happens that what by the petitioner’s husband’s long sickness and what by the foresaid charges and expenses that the petitioner and her fatherless children are left in great straits and distresses, and therefore craving that the said lords would be pleased, in consideration of the premises and in compassion of the destitute condition of the petitioner and her five children, to give order and warrant to Cassingray the collector to refund to the petitioner the said stipend of 1690 of the kirk of Tayport, as also to declare the petitioner’s right and give order for payment to her of the first term thereof for 1691, and lastly to ordain the said Andrew Clerk factor to make payment to the petitioner of this last Whitsun term in St Andrews as the petitioner’s own in manner foresaid and ordain letters to be directed upon the premises in the appropriate form, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the above Isobel Aird, they hereby ordain the above Mr James Melville of Cassingray to restore and refund to the petitioner the stipend of the above kirk of Tayport for the crop and year of God 1690, and they find and declare that the petitioner has right to the stipend of the said kirk for the first half of the crop and year of God 1691, and they ordain her to be answered, obeyed and paid thereof by the heritors, feuars, liferenters, titulars, tacksmen of teinds, tenants, possessors and others liable in payment of the same and they ordain letters of horning to be directed at her instance against them for that effect upon production of a decreet of locality, and in case there is none, they ordain those liable to make payment of their respective proportions according as the same shall be discerned by the Judge ordinary; and the said lords allow the petitioner the stipend due to the principal of the new College of St Andrews for the first half of the crop and year of God 1692, and they ordain Andrew Clerk factor to make payment to her of the same, she producing a decreet of locality, and in case there is none, they ordain him to make payment according to a decreet to be obtained before the judge ordinary.

1. PC1/48, 260-62.

2. The word ‘transported’ has been scored out here.

3. The phrase ‘As the said petition bears’ is scored out here.

1. PC1/48, 260-62.