Act, 22 June 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Second day off Junij Jaj vjc and nyntie tuo years

A1692/6/771

Act

Act Mr John Whyt for stipend

Anent the petitione given in to the Lords of there majestyes privie Councill be Mr John Whyte minister of the gospell Shewing That Mr William Ramsay late minister at the kirk of Aberdour in Buchan Haveing deceissed the Last day of december Jaj vjc nyntie years That half years stipend payable at whitsonday Jaj vjc and nyntie one wes uplifted by his relect as the Aun, And the petitioner haveing ane Call from the Heretors Lyfrenters wodsetters and elders of the said pariochine in september Jaj vjc and nyntie one produced with the said petitione And being setled in the manse Haveing served in all the acts of the ministerie in the said pariochine By preaching Catchiseing administrateing the sacraments etc not only since the dait of his Call But ever since the deceiss of the said Mr Uilliam Ramsay And the heretors Lyfrenters and others Lyable in payment of the stipend of the said kirk being most willing to make payment to the petitioner of the samen If they were sufficiently secured in Law The Lord Pitsligo who is patron of the said kirk not being entered air to his predicessor the Last patrone He hes wreitten ane Lyne to the petitioner Lykewayes therewith produced Telling he is glade of the petitioners call to the said kirk and sorrie that he could not appear so much for him as he would wished and the Lady Dowager his mother Lyfrentrix of the said Estate is the first persone subscryveing the petitioners Call which is as all can be hade in such a Case in place of the patrones consent Sieing the only defect of Compleating the petitioners title to be minister at the said kirk is the want of the pressbitryes approbation which is not the petitioners default There being no presbitry at present within all the province of Aberdeen And for the petitioner himself as he hes heretofore cheerfully submitted to the government and prayed for King William and Queen Mary So the petitioner is content to obleidge himself to continow so doeing for the future And whereas it may be pretended be Margaret Forbes relict of the deceist Mr Rheynold who wes minister at the said kirk of Aberdour befor Mr Ramsay his entrie thereto Be vertue of the Late act of parliament That after Mr Ramsay his deceiss He did get ane call to returne to his charge And so thereby His said relict may pretend to ane Aun which is due to ministers relicts after there deceiss But not in this cace And be vertue of any alleadged Call to Mr Rheynold He wes affixed to his bed and dyed and dyed2 uithin a few moneths thereafter But never accepted of the Call nor Reentered to the charge So that it is againest all Law and reasone that ane Aun can be allowed where the defunct minister dyed not in actuall possessione of the charge and Incumbencie And if any thing were due that way It is Competent to be persued befor the Judge ordinar And if any stipend were to be sought as a gift from the saids Lords The patrones Consent ought to be hade thereto which the petitioner hes and no other And therefore Craveing that the saids Lords would be pleased to allow the petitioner the stipend of the said kirk for the Last half of the cropt Jaj vjc nyntie one And yearly and termely since syne and in tyme comeing dureing the petitioners service at the said kirk Ay and whill the petitioner or any persone be Legally settled minister at the said Kirk And ordain the persones Lyable, To make payment of the samen to the petitioner in Comon forme As the said petition bears The Saids Lords of there majesties privie Councill Haveing considered this petitione Given in to them be the above Mr John Whyte with the Call and Letter from the Lord Pitsligo In favours of the petitioner mentioned therein and produced therewith with aneother petitione given in be Margaret Forbes relict of Mr Alexander Reynold Craveing the stipend of the above kirk of Aberdour for the first half of the year Jaj vjc nyntie one as belonging to her husband for his service And the Last half of the said year as belonging to her for the aun with the Call declaratione and testimony of the presbitry mentioned therein and produced therewith They hereby allow to the said Mr John Whyte the stipend of the above Kirk of Aberdour for the first half of the cropt and year of God Jaj vjc nyntie tuo and since syne and yearly and termely in tyme comeing dureing his service at the said Kirk ay and whill he or any other be Legally setled minister of the same And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen the terme of payment of the samen being alwayes first come and bygone And ordaines Letters of horning at his instance againest them for that effect He produceing a decreet of Locality and in case there be none ordaines these Lyable To make payment to the petitioner of there respective proportiones of the said stipend according as they shall be decerned be the Judge ordinary In respect the petitioner hes given in to the Clerks of Councill ane obleidgment subscryved be him Binding and obleidgeing himself That for the future he shall pray for there majestyes King William and Queen Mary as King and Queen of this Realme and reserves the point of right betuixt the said Mr John Whyte and the relict of Mr Reynold as to the stipend of the forsaid kirk of Aberdour for the year Jaj vjc and nyntie one to be determined be the Judge ordinarie

At Edinburgh 22 June 1692

A1692/6/771

Act

Act for Mr John White for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr John Whyte, minister of the gospel, shewing that Mr William Ramsay, late minister at the kirk of Aberdour in Buchan, having deceased the last day of December 1690, that half year’s stipend payable at Whitsun 1691 was uplifted by his widow as their own, and the petitioner having a call from the heritors, liferenters, wadsetters and elders of the said parish in September 1691 produced with the said petition and being settled in the manse, having served in all the acts of the ministry in the said parish by preaching, catechising, administering the sacraments etc not only since the date of his call but ever since the decease of the said Mr William Ramsay, and the heritors, liferenters and others liable in payment of the stipend of the said kirk being most willing to make payment to the petitioner of the same if they were sufficiently secured in law, the Lord Pitsligo who is patron of the said kirk not being entered heir to his predecessor the last patron, has written a line to the petitioner, likewise therewith produced, telling that he is glad of the petitioner’s call to the said kirk and sorry that he could not appear so much for him as he would have wished, and the lady dowager his mother, liferenter of the said estate, is the first person subscribing the petitioner’s call, which is as all can be had in such a case in place of the patron’s consent, seeing the only defect of completing the petitioner’s title to be minister at the said kirk is the want of the presbytery’s approval which is not the petitioner’s default, there being no presbytery at present within all the province of Aberdeen, and for the petitioner himself as he has heretofore cheerfully submitted to the government and prayed for King William and Queen Mary, so the petitioner is content to oblige himself to continue so doing for the future; and whereas it may be pretended by Margaret Forbes, widow of the deceased Mr Reynold who was minister at the said kirk of Aberdour before Mr Ramsay’s entry thereto by virtue of the late act of parliament that after Mr Ramsay’s decease he did get a call to return to his charge and so thereby his said widow may pretend to that which is due to ministers’ relicts after their decease, but not in this case and by virtue of any alleged call to Mr Reynold, he was affixed to his bed and died within a few months thereafter but never accepted the call or reentered to the charge, so it is against all law and reason that a due can be allowed where the defunct minister died not in actual possession of the charge and incumbency, and if anything were due that way it is competent to be pursued before the judge ordinary, and if any stipend were to be sought as a gift from the said lords, the patron’s consent ought to be had thereto, which the petitioner has and no other, and therefore craving that the said lords would be pleased to allow the petitioner the stipend of the said kirk for the last half of the crop 1691, and yearly and termly since then and in time coming during the petitioner’s service at the said kirk, always and until the petitioner or any person be legally settled as minister at the said kirk, and ordain the persons liable to make payment of the same to the petitioner in common 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 Mr John Whyte with the call and letter from the Lord Pitsligo in favour of the petitioner mentioned therein and produced therewith with another petition given in by Margaret Forbes, widow of Mr Alexander Reynold craving the stipend of the above kirk of Aberdour for the first half of 1691 as belonging to her husband for his service and the last half of the said year as belonging to her for what was due to her, with the call, declaration and testimony of the presbytery mentioned therein and produced therewith. They hereby allow to the said Mr John Whyte the stipend of the above kirk of Aberdour for the first half of the crop and year of 1692 and since then and yearly and termly in time coming during his service at the said kirk always and until he or any other is legally settled as minister of the same, and they ordain him to be readily answered, obeyed and paid thereof by the heritors, feuars, wadsetters and others liable in payment of the same, the term of payment of the same being always first come and gone, and they ordain letters of horning at his instance against them for that effect, he producing a decreet of locality and in case there is none they ordain those liable to make payment to the petitioner of their respective proportions of the said stipend as they shall be discerned by the judge ordinary, in respect the petitioner has given in to the clerks of council an obligation subscribed by him, binding and obliging himself that for the future he shall pray for their majesties King William and Queen Mary as king and queen of this realm, and reserves the point of right between the said Mr John Whyte and the widow of Mr Reynold as to the stipend of the foresaid kirk of Aberdour for the year 1691 to be determined by the judge ordinary.

1. PC1/48, 277-8.

2. Sic.

1. PC1/48, 277-8.