Act, 24 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Fourth day off March Jaj vjc and Nyntie tuo years

A1692/3/481

Act

Act Mr Osburns children for stipend

Anent the petition given in to the Lords of there Majestyes privie Councill be the children of umquhill2 John Osburne Late minister of the gospell at Kirkoswald Shewing That where the petitioners umquhill father haveing served the cure of the said church of Kirkoswald the half of the year Jaj vjc and sixtie tuo and the wholl of the years Jaj vjc and sixtie three and Jaj vjc sixtie3 Four years And accordingly did Intromitt with and uplift the Legall stipend for the saids years as he hade done formerly Yet after the act of Glasgow Jaj vjc and sixtie tuo at which tyme most pairt of the ministers were Imediatly therefter putt from there charges while the petitioners umquill father with some few others being Connived at, Continowed in the service of the said church for the forsaid tuo years and ane half thereafter The Colledge of Glasgow and there factors as them pretending aright to the said tuo year and ane halfs stipend did force the petitioners said deceist father to refound the samen Notwithstanding of his service whereby he and his Numerous familie were much prejudged As also the petitioners said umquill father haveing a Call from the said paroch did serve in the exercise of his Ministrie there from the tyme of the Liberty granted thereanent even untill his death as ane testificate from the presbitry of Air in which the said church Lyes produced with the said petitione hes testifyed And sieing there is a vacancie in the said church and that none can pretend right to the Stipend thereof It being one of the Churches depending one the Bishoprick of Dumblaine so that no Laick patrone can claime the samen And the petitioners father haveing Left behind him eight children most pairt unable to doe any thing for themselves And therefore Craveing to the effect underwreitten As the said petitione bears The saids Lords of there Majestyes privie Councill haveing considered this petitione given in to them be the children of the above Mr John Osburne with the testificat mentioned therein and produced therewith They allow to the petitioners the stipend of the above Kirk of Kirkoswald for the haill cropt and year of God Jaj vjc and Nyntie one and ordaines them to be readiely ansuered obeyed and payed thereof be the heretors fewers Lyfrenters titulars tacksmen of teynds tennents possessors and others Lyable in payment of them And ordaines Letters of horning to be direct at the petitioners instance againest them for that effect upon productione of a decreet of Locality And in case there be none ordaines these Lyable To make payment of there respective proportions according as the samen shall be determined be the Judge And declares adischarge subscyved be Mr Henrie Osburne eldest sone to the defunct for himself and in name and behalf of the remanent children shall be a sufficient exoneratione to the persones who shall make payment of the above stipend at all hands

At Edinburgh 24 March 1692

A1692/3/481

Act

Act for Mr Osborne’s children for stipend

Concerning the petition given in to the lords of their majesties’ privy council by the children of the late John Osborne, late minister of the gospel at Kirkoswald, showing that where the petitioners’ late father having served the cure of the said church of Kirkoswald half of the year 1662 and the whole of the years 1663 and 1664, and accordingly did intromit with and uplift the legal stipend for the said years as he had done formerly, yet after the act of Glasgow 1662 at which time most of the ministers were immediately thereafter put from their charges while the petitioners’ late father with some few others being connived at, continued in the service of the said church for the foresaid two years and a half thereafter, the college of Glasgow and their factors as them pretending a right to the said two years and a half stipend did force the petitioners’ said deceased father to refund the same, notwithstanding of his service whereby he and his numerous family were much prejudged. As also the petitioners’ said late father having a call from the said parish did serve in the exercise of his ministry there from the time of the liberty granted concerning the same even until his death as a certificate from the presbytery of Ayr in which the said church lies produced with the said petition has testified, and seeing there is a vacancy in the said church and that none can pretend right to the stipend thereof, it being one of the churches depending on the bishopric of Dunblane, so that no lay patron can claim the same and the petitioners’ father having left behind him eight children mostly unable to do anything for themselves, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the children of the above Mr John Osborne with the certificate mentioned therein and produced therewith, they allow to the petitioners the stipend of the above Kirk of Kirkoswald for the whole crop and year of God 1691 and ordain them to be readily answered, obeyed and paid thereof by the heritors, feuars, liferenters, titulars and tacksmen of teinds, tenants, possessors and others liable in payment of them, and they ordain letters of horning to be directed at the petitioners’ instance against them for that effect upon production of a decreet of locality, and in case there be none they ordain those liable to make payment of their respective proportions according as the same shall be determined by the judge, and they declare a discharge subscribed by Mr Henry Osborne, eldest son to the defunct for himself and in name and behalf of the other children, shall be a sufficient exoneration to the persons who shall make payment of the above stipend at all hands.

1. PC1/48, 117-18.

2. This word inserted above the line.

3. The word ‘three’ scored out here.

1. PC1/48, 117-18.