Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twenty sixth Day of November J^aj vi^c nyntie six yeirs

D1696/11/13

D1696/11/13¹

Act

Act heretors of Newburne for Mr Cleiland a minister

Anent the petitione given in to the Lords of his majesties privie Counsell Be James Lwndie of Brunsheills one of the heretors of the paroch of Newburne The presbetry of St Andrews and patrone of the paroch kirk of the said paroch and remanent heretors of the said paroch Shewing That wher Mr Robert Cleiland now minister of the said Kirk and paroch of Newburne who had bein Long before wnder a call to the paroch kirk of Dinnunow in the said presbetry and with respect therto had past the most pairt of his tryells befor the said presbetrie was (upon the vaccancie of the said Kirk of Newburne in March Last) orderlie called by the heretors and elders of the said paroch of Newburne befor whittsonday Last to be ther minister But through the competitione in the said mater betwixt the said two parochins before the said presbetrie (wherin the said paroch of Newburne at Last was preferred) the said Mr Robert was not ordained till Jullie Last being some weeks efter whittsonday wherupon it may be alleadged that he should not have right to the preceeding half yeirs stipend befor the said whittsonday Last but that the Same Should Conforme to the act of parliament be disposed upon by the said patron with consent of the said other heretors for some piows wse within the said paroch And the Saids petitioners Considering that the competition betuixt them and the paroch of Dwninow which hindered the Setleing of the Said Mr Robert befor the Said whittsonday was occasioned by them and that as the said Mr Robert receaved ther call befor whittsonday so by order of the presbetrie he did preach in ther said kirk in order to ther call severall Saboths befor whittsonday And also the most pairt of the few Saboths interveining betuixt the said whittsonday and his ordinatione afoirsaid Therfor and upon Severall other weightie considerations and grownds they Judge the Said Mr Robert Cleiland ther said minister Should have right to the haill yeirs Stipend altho it was a few Saboths efter whittsonday befor he was ordained yet the said patron and remanent heretors would not take upon them to doe any thing therin without ther Lordships authoritie and approbatione obtained theranent The Saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby declaire the said Mr Robert Cleiland to have right to the Stipend of the above kirk of Newburne for this haill cropt and yeir of God J^aj vi^c nyntie Six And decerns and ordaines the said Mr Robert Cleiland to be readielie ansuered obeyed and payed of the Said yeirs Stipend be the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Same And ordaines Letters of horneing wnder the Signet of Counsell to be direct at the Said Mr Robert Cleiland his instance against the heretors and others foirsaids lyable in payment of the said yeirs stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and others foirsaids to make payment to the said Mr Robert Cleiland of ther respective proportiones of the said yeirs stipend According as they Shall be decerned and Determined by the Judge ordinary