Act, 29 December 1692, Edinburgh

Edinburgh The Twentie two day of June J^aj vj^c Nyntie two years

D1692/6/22

D1692/6/22¹

Act

Act and Remitt Mr Thomas Forrester Against The Parishioners of Kellearnie

Anent the bill of suspensione given in to the Lords of their Majesties privy Councill be John Grames elder and younger in Wood of Ledlevan, Alexander Williamsone and Henry Grame in Ledlevan, Robert Buchanan in letter of Killcarne, Androw George their John McCapin ther Patrick Boyne ther Androw Dun ther John Duncan their John McCalums elder and younger ther Patrick Mcindoe ther John Mcindors and William Finlay² for themselves and in name and behalf of the remanent parishioners of the paroch of Killearne That quher the petitioners are charged be vertue of letters of horning raised and execute against them at the instance of Mr Thomas Forrester alledged minister at Killearne for payment making to him of the teynds and duties underwritten Due out of the said paroch for the half of the cropts after sett doune viz John Grames elder and younger of Wood Ledlewan Alexander Williamsone and Henry Grame in Ledleuan To make payment to him of the Soume of Eightein punds fiftein shilling scots of Parsonadge teynds, And Twentie five shilling money forsaid of viccaradge for the half of the cropt J^aj vj^c nyntie, And thretie seven punds ten shilling money forsaid of teynd and fiftie shillings money forsaid of vicuradge for the haill of the cropt J^aj vj^c nyntie one, Robert Buchanan of Leter of Killearne Androw George ther, John Mccapin ther Patrick Boyn ther Andrew Dun ther John Duncan ther, John McCalum elder and younger thir Patrick Mcindoe ther John Mcindoes ther Conjunctllie and severallie to make payment to the charger of the number of seven bolls meall and thrie bolls bear of Teynds and Eight merks six shilling Eight pennies of vicuradge alledged payable for the half of the cropt J^aj vj^c nyntie years and fourtein bolls meall and six bolls bear of teynd and seventein merks viccuradge for the cropt J^aj vj^c nyntie one, William Finay in Gilstoune To make payment to the charger of six Firlotts meall two firlotts bear of parsonadge teynd twentie five shilling of viccuradge alleadged payable be him for the half of the cropt J^aj vj^c nyntie and thrie bolls meall one boll bear and Fiftie shilling of viccaradge for the cropt J^aj vj^c nyntie one years Conforme to the charges of horning given to the petitioners theranent within ane certane Short Space nixt after the charges under the paine of Rebellion and puting of the petitioners to the horne most wrongeously and unjustly Considering It Is of veritie that the forsaids pretended charges given to the petitioners heranent are most unwarrantable and informall not Condescending upon any sentance or Decreet as the ground therof as does appear by the samen charges therwith produced, Which is done of purpose and designe least the petitioners should have procured the extract therof, And made it appear to the saids Lords how Clandistinely the Samen is procured without the calling citeing or hearing of any parties therin concerned And Therfore etc Secundo This charge being for the stipend of the said parish of Killearne If the petitioners hade knowen therof, or hade been³ called, They would have not been decerned to make payment therof to this charger Becaus he was never called directly or indirectly by any part of the parish since the year J^aj vj^c Sixtie Six at which tyme he preached ther some tyme, And he could nowayes pretend right to the stipend or teynd charged or the Samen properly pertaineing to the Marques of Montross as Patron and being vaccand and gifted be him and his tutor for pious uses within the parishin and uplifted and applyed therto, as is nottourly knowen And shall be suficiently made appear to the saids Lords at Discussing heirof And Therfore and Tertio the most part of the stipend consisting of teynds as appears by the saids charges are under take to the said Marques of Montross patron for severall years yet to run And the petitioners in use to make payment therof to him And Which tack are in the Marques Charter Chist And Cannot now be presently hade for instructing therof without ther ware ane meeting of his freinds and tutor for opening of the said Chartor Chist Which should be done and they produced before Discussing therof and it ware extreamly hard to invert the said Marques his possession of the saids teynds by a privat deed Wherunto he is nowayes called And Therfore etc Nevertheless for obedience they are content to find suficient Cautione to the effect abovewritten And Therfore Humbly Craveing the saids Lords to grant letters for sumonding the said Charger to Compear befor the saids Lords to ane Certaine day Bringing with him the saids letters To have been seen and Considered be the saids Lords and to have heard and seen the Samen Suspended as the said bill of suspensione bears The Lords of their majesties privy Councill haveing Considered this bill of Suspensione given in to them be the petitioners of the parishin of Killearne, with the answers made therto be and wrytes produced for the above Mr Thomas Forrester Charger, They heirby Remitt The point of right betwixt the charger and the above Marques of Montross to the Lord of Session to be sumarly discussed bet them without abyding the Course of the roll, And in the mean tyme Sists al executione at the chargers instance against the suspenders till the said point of Right be Determined.