Act, 23 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the Twentie thrid day of March Jaj vjc nyntie tuo

D1692/3/181

Act

Act and Remitt Brown of Dolphingstoune

Anent The bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Mr Androw Brown of Dolphingstoune Shewing That quher James and2 Marion Donaldsones Childrein to the deceast Mr James Donaldsone late minister of the Gospell at Dolphingstoune have caused charge the petitioner to make payment to them of ane Chalder of victuall with nyntie seven pund thretein shilling four penies out of his lands of Dolphingstoune Lyand within the said parachin four bolls victuall and thretie Eight punds scots out of the lands of Robertoune, six firlotts victuall Fiftein punds six shilling Eight penies Cropt Jaj vjc nyntie one As Lykewayes has caused charge Joseph Licmount of Newholme to make payment to them of Eight bolls victuall and fiftie merks of money as his proportion of the said stipend the said year of god Conforme to ane decreet obtained at the instance of Mr Alexander Livengstone some tyme moderator of the Presbytrie before the Commissioners of parliament for plantatione of kirks and valuation of teinds upon the Eight day of February Jaj vjc fiftie years against the heritors and others as alsoe letters of horning raised theron at the instance of the said Mr James Donaldsone all contained in ane act granted by the saids Lords in favors of the Chargers for cropt and year Jaj vjc nyntie one Which is dated the fifth day of January Jaj vjc nyntie two within a certaine short space nixt after the charge Under the paine of rebellione and puting the Suspender to the horne intending for the suspenders alledged disobedience3 to Denounce him Rebell and put him therto most wrongously and unjustly Considering It is of verity that albeit the forsaid years stipend to which they have a gift was vaccand stipend out of the saids Lords Disposall with Consent of the Patron, yet by the acts of Parliament the vaccand stipends are provyded for the repairationes of the manses in the first place and with the advyce of the Patron to be disposed to other pious uses within the paroch Bot so it is that the manse of Dolphingstoune is altogither ruinous and the Church Lykewayes neither are these chargers indwallers within the said Parish So that their ought to be so much of that stipend allocat for the uses abovementioned Secundo the deceast Mr James Donaldsone father to thir chargers received a free mans as appears by a dispositione and Contract therwith produced so that he and his representatives are oblidged to leave it so at their removeall therfrae, yet the samen is left by him in a most ruinous condition as is abovementioned as he offered to make appear by a visitation of the Presbytrie to be produced at the Discussing heirof so that albeit the saids chargers had not gotten the forsaid years stipend they would be Lyable to repair the said Mans, But now farr4 rather they ought to be Decerned when they have decreit Tertio The saids Chargers has in their hands ane Comission visitatione and Report made by the Presbytrie for adjoyning certaine lands to the said Parroch which they refuse most unjustly to give up, Albeit they be no wayes concerned therin Bot only the succeiding incumbent in the said Paroch upon which Considerationes the said suspenders humbly conceaved that all executione against them ought to be stopt till the premisses be cleared In Respect of all, which the said pretended act or Decreet ought to be Suspended allwayes for obedience the said suspenders was content to find Cautione5 for payment of the said soumes in caice it should be found be the saids Lords that he ought so to doe And Therfor humbly Craveing the saids Lords To Grant warrand for letters to sumond the said chargers to have Compeired before the saids Lords at a certaine day bygone Bring and with them the forsaid Letters and grounds and warrands wherupon the samen proceided and to have heard and seen the samen suspended as the bill bears, The Lords of their majesties privy Councill Haveing Considered this bill and reasones of suspension given in to them be the above Androw Brown of Dolphingtoune They Remit to the Lords of Councill and sessione to Discuss and determine in the above matter The samen being a point of Right.

Edinburgh the Twentie thrid day of March Jaj vjc nyntie tuo

D1692/3/181

Act

Act and Remitt Brown of Dolphingstoune

Anent The bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Mr Androw Brown of Dolphingstoune Shewing That quher James and2 Marion Donaldsones Childrein to the deceast Mr James Donaldsone late minister of the Gospell at Dolphingstoune have caused charge the petitioner to make payment to them of ane Chalder of victuall with nyntie seven pund thretein shilling four penies out of his lands of Dolphingstoune Lyand within the said parachin four bolls victuall and thretie Eight punds scots out of the lands of Robertoune, six firlotts victuall Fiftein punds six shilling Eight penies Cropt Jaj vjc nyntie one As Lykewayes has caused charge Joseph Licmount of Newholme to make payment to them of Eight bolls victuall and fiftie merks of money as his proportion of the said stipend the said year of god Conforme to ane decreet obtained at the instance of Mr Alexander Livengstone some tyme moderator of the Presbytrie before the Commissioners of parliament for plantatione of kirks and valuation of teinds upon the Eight day of February Jaj vjc fiftie years against the heritors and others as alsoe letters of horning raised theron at the instance of the said Mr James Donaldsone all contained in ane act granted by the saids Lords in favors of the Chargers for cropt and year Jaj vjc nyntie one Which is dated the fifth day of January Jaj vjc nyntie two within a certaine short space nixt after the charge Under the paine of rebellione and puting the Suspender to the horne intending for the suspenders alledged disobedience3 to Denounce him Rebell and put him therto most wrongously and unjustly Considering It is of verity that albeit the forsaid years stipend to which they have a gift was vaccand stipend out of the saids Lords Disposall with Consent of the Patron, yet by the acts of Parliament the vaccand stipends are provyded for the repairationes of the manses in the first place and with the advyce of the Patron to be disposed to other pious uses within the paroch Bot so it is that the manse of Dolphingstoune is altogither ruinous and the Church Lykewayes neither are these chargers indwallers within the said Parish So that their ought to be so much of that stipend allocat for the uses abovementioned Secundo the deceast Mr James Donaldsone father to thir chargers received a free mans as appears by a dispositione and Contract therwith produced so that he and his representatives are oblidged to leave it so at their removeall therfrae, yet the samen is left by him in a most ruinous condition as is abovementioned as he offered to make appear by a visitation of the Presbytrie to be produced at the Discussing heirof so that albeit the saids chargers had not gotten the forsaid years stipend they would be Lyable to repair the said Mans, But now farr4 rather they ought to be Decerned when they have decreit Tertio The saids Chargers has in their hands ane Comission visitatione and Report made by the Presbytrie for adjoyning certaine lands to the said Parroch which they refuse most unjustly to give up, Albeit they be no wayes concerned therin Bot only the succeiding incumbent in the said Paroch upon which Considerationes the said suspenders humbly conceaved that all executione against them ought to be stopt till the premisses be cleared In Respect of all, which the said pretended act or Decreet ought to be Suspended allwayes for obedience the said suspenders was content to find Cautione5 for payment of the said soumes in caice it should be found be the saids Lords that he ought so to doe And Therfor humbly Craveing the saids Lords To Grant warrand for letters to sumond the said chargers to have Compeired before the saids Lords at a certaine day bygone Bring and with them the forsaid Letters and grounds and warrands wherupon the samen proceided and to have heard and seen the samen suspended as the bill bears, The Lords of their majesties privy Councill Haveing Considered this bill and reasones of suspension given in to them be the above Androw Brown of Dolphingtoune They Remit to the Lords of Councill and sessione to Discuss and determine in the above matter The samen being a point of Right.

1. NRS, PC2/24, 39v-40v.

2. Insertion.

3. The prefix ‘dis’ is an insertion.

4. One illegible word scored out here.

5. The word ‘to’ scored out here.

1. NRS, PC2/24, 39v-40v.

2. Insertion.

3. The prefix ‘dis’ is an insertion.

4. One illegible word scored out here.

5. The word ‘to’ scored out here.