Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie third Day of Jwlly J^aj vi^c nyntie six yeirs

D1696/7/27

D1696/7/27¹

Act

Act Mr Alexander Mair

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr Alexander Mair Sometyme preacher of the gospell at Kirkwall in Orknay Shewing that wher the petitioner being licensed to preach the gospell in the yeir J^aj vi^c eightie Six by the late Archbishup of Standrews Sometyme therefter went to the Countrie of Orknay And being called to preach in the towne of Kirkwall was imposed upon to goe and take ordinatione from one of the late Bishups which he very rashly and inconsideratly condescended to And accordinglie went not dwely considering as he owght the hazard ther was therin And upon the call of the whole magistrats towne Counsell and eldershipe and other inhabitatnts ther with prodwced he Supplied the church of Kirkwall Since October J^aj vi^c nyntie four till now Dureing which tyme he observed all fasts and thanksgiveings emitted by authoritie and prayed for his Majestie King William and the Government But haveing receaved a Summonds to compear befor ther Lordships at the instance of Sir James Stewart his majesties Advocat to ansuer for his takeing ordinatione from one of the Late Bishups Since the abolwtione of prelacie And intrusione upon the said kirk of Kirkwall And Lastly for his not qwaliefieing himself according to Law But by reasone of the great distance of place betuixt this and Orkney This Summonds was called befor the petitioner came to this place And ther Lordships granted certificatione against the petitioner because of his absence And now haveing come up this Lenth he declaires his reasolutione was not in the least to have Justified that irregular Step of his in takeing ordinatione in maner foirsaid But first he designed to have addressed the church and qwalified himself ecclesiastically And then to apply to ther Lordships to have the Libertie to qwalifie himself according to Law And accordingly the Comissioners of the late generall assembly being to sitt a Litle efter He came here he gave in and address to them Shewing his great greife for the irregular Stepps above mentioned made by him And promised under his hand to Support the government and was and is Still willing to acknouledge ingadge and Subscribe conforme to the act of this current parliament and act of the generall assembly J^aj vi^c nyntie four And therfor craveing to be receaved to a Share of the chwrch government which address was read and considered by them but they finding that his caise and affaire was not remitted to them and being prohibite to medle in any thing not contained in ther Comissione they fownd that they could not medle therin Wherupon the petitioner againe addressed severals of his reverend breithren of the said Commissione for advyse And that they advysed him to returne to Orkney and waite untill the Sitting of the next generall assembly And then present his address to them which he is resolved to doe And now Seing he hes offered by his said address and is Still willing to give Satisfaction to the church And is willing to qwalifie himself both civillie and ecclesiasticallie according to Law And that he allwayes prayed for King William and the present government and is willing if ther Lordships desyre to give it wnder his hand not to exercise his ministrie in this kingdome untill he be qwalified according to Law And therfor humbly craveing ther Lordships to consider the premisses And to take off the certificatione granted against the petitioner for his absence And to allow him the Second ministers Stipend of the said towne Dureing the tyme he hes Served therfor And the first ministers Stipend for the half of this year J^aj vi^c nyntie Six Seing the petitioner has Supplyed that whole charge Since October J^aj vi^c nyntie four As the said petitione bears Which petitione being upon the twentie first of Jully instant read in presence of the Saids Lords of privie Counsell They appointed the said petitioner to instruct befor a comittie of ther own number that he had preached at the said kirk of Kirkwall Dureing the Space for which he craved the Stipend and that he observed the fasts and thanksgiveings and prayed for King William and the government And recomended to the said Committie to consider what Shall be prodwced to them by the said petitioner And to Sie if he had taken the oath of alleadgeance and Signed the Same with the assureance And the said Comittie haveing accordingly mett they gave in ther report beareing that they haveing considered the said petitione with the petitioners call to the said kirk of Kirkwall Subscribed be the proveist baillies and great many inhabitants therof And haveing Sein a testificat under the hand of Some heretors and inhabitants in Kirkwall that he hes Served ther and keeped fasts and thanksgiveings frae October J^aj vi^c nyntie four to the Seventh of Jwny J^aj vi^c nyntie Six It is ther opinion that the petitioner be reponed against the certificatione pronunced at My Lord Advocats instance against him And that the Counsell Doe allow him the Second ministers Stipend of Kirkwall for the haill yeir J^aj vi^c and nyntie five and the first half of J^aj vi^c nyntie Six and the first ministers Stipend for the first half of J^aj vi^c nyntie Six The petitioner first takeing the oath of alleadgeance and assureance As the said report bears And the saids Lords of his majesties privie Counsell haveing this day considered the above report of the Comittie they heirby approve therof and allowes the petitioner the Second ministers Stipend of the above Kirk of Kirkwall for the whole yeir J^aj vi^c nyntie five And for the first half of the yeir J^aj vi^c nyntie Six And ² also allowes the said petitioner the first ministers Stipend of the said kirk for the said first half yeir of the yeir J^aj vi^c nyntie Six And decernes and ordaines him to be readielie ansuered obeyed and payed of the saids stipends be the heretors fewers wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the saids Stipends And ordaines Letters of horning on fiftein dayes and others needfwll wnder the Signet of privie Counsell to be direct hereupon at the said Mr Alexander Mair petitioner his instance against the heretors fewers wodsetters and others foirsaids lyable in payment of the saids Stipends upon productione of a decreit of Localitie And in caice ther be non ordaiens the heretors and others lyable to make payment of ther respective proportiones therof according as they Shall be determined be the Judge ordinary In respect the petitioner hes Sworne and Signed the oath of alleadgeance and Subscribed the assureance appointed to his majestie be act of parliament And that befor ane of the Lords of privie Counsell