Act, 29 December 1692, Edinburgh

Edinburgh the Fyftein day of September J^aj vj^c nyntie two years

D1692/9/12

D1692/9/12¹

Act

Act The Collector of the Bishops rents

Anent a Petition given in to the Lords of their majesties Privy Councill be James Hamilton writter to the signet generall Collector of the revenewes formerly belonging to the Archbishops and Bishops within this kingdome Shewing That quher by the Commission granted to the petitioner he was Impowred and authorized to uplift the haill revenewes profitts teinds and Casuallities belonging formerly to the Archbishops bishops and Deans within this kingdome, And their being about five hundred aikers of land Lying about the toune of St Androwes called the Pryor Aikers the teinds quherof being in use to be drawen yearly be the Archbishops of St Androwes and their factors and led by the severall respective heritors and possessors of the saids aikers and ther tenants to the Bishops teynd yeard, notwithstanding quherof And that the Bishops ware in Continuall possession for near thretie years by past to cause the saide heritors possessors and tennants respective lead their oun teinds, yet it was pretended by them, That before the restoration of Episcopacie in the year J^aj vj^c Sixtie two They ware not in use to lead ther teinds, Bot these who hade right to the revenewes of that Bishoprick were in use to lead them one their oun charges, And therfore they refuse to lead their teynds Intending aither to force the petitioner the kings Chamberland to lead the same upon the kings charges or else to lead away the stock and leave the teynd upon the ground as to which it is Represented Primo That the saids heritors possessors and tennants forsaids being in use to lead ther teynds to the Bishop as they acknowledge for near threttie years by past And the king haveing succeided in their place has right to all Casualities and Immunities belonging to the Bishop and haveing near threttie years possession he can not be sumarly removed therfrom via fait sed via juris a seven years possession being suficient to constitute a possessory Judgment and if the heritors have any right of Immunitie from the leading their teinds They must declair the same before the Judge ordinar And not Sumarly invert the kings possessione at their oun hands Secundo it is the Constant Custome through all Scotland that heritors of lands doe lead the titulars teynds with their oun Corts So what exemption the burgh of St Androwes Ought to pretend from other heritors of the kingdome most be made appear before the Judge ordinar And seing that the saids teynds are now ready to be drawen And that this being a matter of possessione falls properly under the saids Lords Cogniscance and the determinatione therof admitting no delay And Therfore Humbly Craveing the saids Lords would grant warrand to the petitioner as their Majesties Collector to Continue in the possession which they Bishops hade near Threttie years by past, And to Ordaine the heritors possessors and tennants of the saids Pryar Aikers and particullarly the persones afternamed viz Androw Clerk present Dean of gild of St Androwes, Thomas Findlay late baillie ther James Nicolsone present thesaurer ther, Thomas Carstairs maltman their, John Honyman maltman their, Thomas Ramsay Laberour ther, John Fairfoull maltman ther George Rymer maltman ther, Alexander Johnston brewer ther, Alexander Weymes brewer ther, David Carstairs maltman ther, William Watsone maltman on their John Baird meall maker James Fairnie meall maker ther, John Fairnie mynle master ther James Brown maltman ther, Androw Gullen of Cocbeckie, William Carstairs maltman ther and James Fogie late baillie, Androw Carstairs late thesaurer ther Robert Martine maltman ther present heritors and possessors tennants and laberours of the saids aikers respective to lead their teynds growing upon the severall aikers possest be them from the ground of the saids lands to the odinar teynd years upon their oun proper charges for this present year J^aj vj^c nyntie two Conforme to use and wont, And to grant warrand for Directing letters of horning against the persones abovenamed for that effect Reserving to them any action of Imunity from leading the same to be discust before the Judge Ordinar as accords as the petitione bears, The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Collector to Continue in the possession which the Bishops hade, And ordaines the heritors possessors tennants and laberours of the above Pryer Aikers possessed be them from the ground of the saids charges for this present year J^aj vj^c nyntie two Conforme to use and wont And ordaines letters of horning upon fiftein days against the above persones for that effect Reserveing allwayes to them any citation of Immunity from leading the same to be discussed before the Judge Ordinar as accords.