Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years
D1694/2/33
D1694/2/331
Act
Act The Earle of Anandale for the stipend of Moffat
Anent a Petition given in to the Lords of ther Majesties privy Councill be William Earle of Anandale Shewing That quher the petitioner as air to his father stands heretablie infeft and seased in the Lands of Moffat and others errected in a free regality and in the patronadge of the Kirk of Moffat and teynds parsonadge and viccaradge of the said paroch kirk and parishen of Moffat holden of the kings Majestie Conforme to his oun and his predecessors right and infeftments be vertue quherof by the twentie thrid act of their Majesties particular intitulled act concerning patronadges The petitioner has right to the Vaccand stipend of the said parochin of Moffat to be applyed for pious usses within the said paroch notwithstanding quherof And that the petitioner was allwayes inclyneable to have applyed the said vaccand stipend for pious usses Especially for repairing the kirk and manse Which are altogither ruinous some of the heritors of the said parish did in August Jaj vjc nyntie one upon a petitione given in by them to the saids Lords in the petitioners absence when the petitioner was at London, and without the petitioners knowledge procure a warrand from the saids Lords Impowering the now deceast John Hunter in Dumfrees as factor for the said heritors to uplift the vaccand stipend of the said parish of Moffat for the years Jaj vjc Eightie nyne and Jaj vjc nyntie to have been Imployed for repairing the kirk and manse By vertue of Which the said John Hunter as factor forsaid did actually intromitt and uplift a Considerable part of the said two years stipend for severall of the said heritors and has neither repaired the kirk nor manse which are now in every ruinous Conditione And will altogither fall to the ground If the samen be not speedily repaired, And seing the petitioner is not only the heritor of the greatest half of the parish, But lykewayes stands heretabllie infeft in the patronadge and teinds of the said paroshin and therby and be vertue of the late acts of parliament has the undoubted right to intromitt with the vaccand stipends and Imploy the Samen for repairing the kirk and mase and other pious use within the said parish, Which the petitioner is most willing to doe and that albeit the said now deceast John Hunter as factor forsaid be vertue of the saids Lords forsaid act in the petitioners absence did intromitt with a Considerable part of the said two years vaccand stipends yet he has neither repaired the kirk nor manse nor will his representatives compt with the petitioner as patron for his intromissiones without the saids Lords warrand for that effect And Therfore humbly Craveing the saids Lords would take the premises to their Consideratione and to grant Warrand and Commission to the petitioner as patron of the said parish not only to Cause the representatives of the said umquhill John Hunter to make Compt reckoning and payment to the petitioner of his intromissiones with the said two years vaccand stipend But also to intromitt with and uplift the subsequent vaccand stipends of the said parishin of all years and termes sincesyne and in time comeing dureing the vaccancie of the said kirk, Except in so farr as the samen is gifted all ready and disposed upon in favors of Sarah Johnstone relict of the deceast Mr David Johnstone minister of the said kirk And to discharge all others from medling therwith Especially seing the petitioner is most willing to Imploy and apply the said vaccand stipends for repairatione of the said kirk and manse and other pious uses within the parish Conforme to the act of parliament and lawes of the kingdome as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Earle of Annandale They heirby Ordain The representatives of the above John Hunter and […] his Cautioner in the bond given in to the Councill for the said John Hunter as factor for uplifting the stipend of Moffat vaccand of the years Jaj vjc Eightie nyne and Nyntie To make Just Compt reckoning and payment to the said Earle As patron of the said kirk of the said umquhill John Hunter his intromissiones of the said vaccand stipend for the years forsaids And Ordaines all executione Competent upon the said bond against the representatives of the said factor and his said Cautioner to proceid and be used at the instance of the said Earle to that effect And the saids Lords heirby Recomends And Grants full power and warrand to the said Earle of Anandale by himself or the factors to be appoynted by him for that effect to intromitt with uplift and receive the rests of the vaccand stipend of the said kirk of Moffat for the saids years Jaj vjc Eightie nyne and Jaj vjc nyntie so farr therof as is not all ready uplifted by the said deceast John Hunter And lykewayes the vaccand stipend of the said kirk for all years and termes since the said year Jaj vjc nyntie and in time coming dureing the vaccancy of the said kirk Except in so farr as the same is allready 2 gifted and disposed upon in fewars of Sarrah Johnstone relict of the deceast Mr David Johnstone minister at the said kirk And Decernes and Ordaines the heritors wodsetters Lyfrenters tenants possessors and others Lyable in payment of the said stipend to make payment therof Conforme to their severall proportiones to the said Earle or factor to be nominat by him for that effect dureing the space forsaid, The termes of payment being allwayes first Come and bygone, The said Earle as patron of the said kirk being allwayes oblidged to Imploy and apply the vaccand stipends of the said Church for repairation of the said kirk and manse and other pious uses within the parish Conforme to the acts of parliament and Lawes of this kingdome made theranent And Ordaines letters of horning to be direct heiron under the signet of Councill and others informe as effeirs.
1. NRS, PC2/24, 345v-347r.
2. The word ‘granted’ scored out here.
1. NRS, PC2/24, 345v-347r.
2. The word ‘granted’ scored out here.