Act, 25 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuentie Fyfth Day of Februarij Jaj vjc Nyntie tuo years

A1692/2/1141

Act

Act Mr James Kirk for stipend

Anent the petition given in to the Lords of there Majesties privie Counsell be Mr James Kirk late minister at Balmackghie within the presbitrie of Kirkcudbright Shewing That where the petitioner wes most Illegallie and unjustly thrust from his Charge at the said church and that without the sentence of any Judicature civill or Ecclesiastick ever yet obtained againest him And being thus necessitate by reasone of some violent spirits againest him among his people to desert his said charge and Remove himself and his Numerous familie by these meanes constrained (verie much to there disadvantage) to Live at Edinburgh and in a mean and verie sober condition And sieing there are now tuo years stipend of the said paroch vacand viz from mertines Jaj vjc and Eightie Nyne till Mertimes last bypast Dureing all which space no minister hes served the Cure in the said church So that none except the petitioner can pretend to have any interest in the said stipend who wes not only most unjustly coaxted to desert his charge as said is But Lykewayes all his plenishing throwen out most barborously upon ane Saturday in the afternoon while it rained most heaviely without Intermissione And in respect that the Laird of Balmaghie who is undoubted patrone of the said Church with some others of the heretors are content to bestow the said stipend upon the petitioner but only craves the saids Lords there authority to be Interponed thereto And therefor craveing that the saids Lords would be pleased to ordaine all heretors wodsetters and others Lyable To make payment to the petitioner of the said tuo years vacand stipend and that for mantenance of his numerous family and reparatione of his Just damnadges sustained in maner above wreitten and in respect of the consent of the said patrone as his subscription subjoyned to the said petitione hes testifyed As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petitione Given in to them be the above Mr James Kirk with the consent under the hand of William Mcghie of Balmackgie patrone of the above kirk of Balmackghie In favours of the petitioner for the stipend of the said kirk for the Cropts Jaj vjc and Nyntie, and Jaj vjc and Nyntie one years mentioned therein and subjoyned thereto as aforsaid They hereby allow to the petitioner the stipend of the said kirk of Balmackghie for the haill cropt and year of God Jaj vjc and Nyntie and first half of the cropt and year of God Jaj vjc and Nyntie one and ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters Lyfrenters and others Lyable in payment of the said stipend for the said year and a half and ordaines Letters of horning to be direct hereon at the petitioners Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaids Lyable in payment of the said stipend To make payment thereof to the petitioner for the said year and a half according as they shall be decerned be the Judge ordinarie And recalls the former act of Counsell in favours of the said Mr James Kirk dated the eleaventh day of Februarij Instant In so farr as the same is Innovat hereby

At Edinburgh 25 February 1692

A1692/2/1141

Act

Act Mr James Kirk for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr James Kirk, late minister at Balmaghie within the presbytery of Kirkcudbright, showing that where the petitioner was most illegally and unjustly thrust from his charge at the said church and that without the sentence of any judicature, civil or ecclesiastical ever yet obtained against him, and being thus necessitate by reason of some violent spirits against him among his people to desert his said charge and remove himself, and his numerous family by these means constrained (very much to their disadvantage) to live at Edinburgh and in a mean and very sober condition, and seeing there are now two years’ stipend of the said parish vacant viz from Martinmas 1689 till Martinmas last bypast, during all which space no minister has served the cure in the said church, so that none except the petitioner can pretend to have any interest in the said stipend, who was not only most unjustly coaxed to desert his charge as said is but likewise all his plenishings thrown out most barbarously upon a Saturday in the afternoon while it rained most heavily without intermission. And in respect that the laird of Balmaghie, who is undoubted patron of the said church, with some others of the heritors are content to bestow the said stipend upon the petitioner, but only craves the said lords their authority to be interposed thereto, and therefore craving that the said lords would be pleased to ordain all heritors, wadsetters, and others liable to make payment to the petitioner of the said two years’ vacant stipend, and that for maintenance of his numerous family and reparation of his just damages sustained in manner above written and in respect of the consent of the said patron as his subscription subjoined to the said petition has testified 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 James Kirk with the consent under the hand of William McGhie of Balmaghie, patron of the above kirk of Balmaghie, in favours of the petitioner for the stipend of the said kirk for the crops 1690 and 1691 mentioned therein and subjoined thereto as aforesaid, they hereby allow to the petitioner the stipend of the said kirk of Balmaghie for the whole crop and year of God 1690 and first half of the crop and year of God 1691, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, liferenters, and others liable in payment of the said stipend for the said year and a half. And ordain letters of horning to be directed hereon at the petitioner’s instance against them for that effect, he producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the petitioner for the said year and a half according as they shall be discerned by the judge ordinary. And recall the former act of council in favour of the said Mr James Kirk dated 11 February instant in so far as the same is innovated hereby

1. PC1/48, 83-4.

1. PC1/48, 83-4.