Act, 3 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/101

Act

Act The Countesses of Rothes and Weymes and other heritors of the parishin of Auchterderren

Anent the Complaint raised and persewed before the Lords of their majesties privy Councill at the instance of Margrat Countes of Rothes, Margrat Countes of Weymes and others of the heritors and elders of the parochin of Auchterderran Shewing That quher by the thretie thrid act of the second session of his majesties Current parliament It is statute and Ordained that in caise of the vaccancie of any particular church The heritors and elders of thee parish are to name and Chuise the person who shall be their minister, and in caise of ane debate or Competitione, The presbytrie is to moderat and determine in the Call notwithstanding wherof […] Laird of Balmoutto and […] Laird of Kinnimounth In manifast contempt and Disobedience of the said act of Parliament intend to thrust in upon the Persewars to the paroch Church of Auchterderren one […] Young sometyme minister in Culross without any legall call from the pluralitie of the heritors and elders of the paroch which is necessarly Requyred by act of Parliament, Bot meerly of themselves without Concurrance of the elders that of late have been legally Choisen and constitute In order to the giveing of a Call to a minister, and without Consent of the heritors of the Paroch, or if their be any of those that goes allongst with them they are bot few and inconsiderable, And not only so informall and Illegall is any call given (Raither to be called a violent Imputeing then a Call) Bot the persone to whom the saids two gentlemen pretends to give a Call is altogither incapable of receiveing any seing at present he Lyes under a Sentance of Diprivatione by the saids Lords thir act of Councill for not giveing obedience to the sixteinth act of the estates of this kingdome appoynting publict prayers to be made for their Majesties, Bot the violent actings of the two persones not to be remeeded by the Presbytrie from Which they take no rules are only to be restrained and stop put therto by the saids Lords And Therfore humbly Craveing the saids Lords of Privy Councill by their authoritie to put a stopt to the violent procedur in that call, Bot give order that the same be done orderly according to the present established Lawes with Consent of the petitioners The heritors and elders legally constitute in that parish And that in the mean tyme tyme2 the keyes of the Church might be ordained to be delivered up to the presbytrie (who only can supply the Church dureing the vacancie) and who are to moderat in any call that can be formally given The saids Lord of his majesties privy Councill have by ane act appoynted the above Lairds of Balmonto and Kininmouth to be cited in maner and to the effect aftermentioned And Anent the charge given to the said defenders to have Compeired before the saids Lords of Privy Councill at ane certaine day bygone To have ansuered to the points of the above petition And to have heard and seen such order and Course taken theranent as the saids Lords should think Just as at more leanth is Contained in the forsaid complaint and executiones therof. Which being this day called in presence of the saids Lords of Privy Councill And the persewars Compeiring be James Stewart senior advocat their procurator And David Bosswall of Balmoutto one of the said defenders Compeiring personally with Sir David Thores advocat his procurator And the above […] Kinnimounth of that ilk defender being absent called and not compeiring. The saids letters or Lybel being read And the Earles of Crafurd and Leven who ware Declyned by the defenders In Respect of their relatione by consanguity or affinitie to the pursuars haveing removed and both parties advocats being fully heard They Grant Certificatione against the Laird of Kininmounth for not compeiring And Ordaines letters of Denunciatione to be direct to messengers at armes to pass to the marcat cross of […] And ther in their Majesties name and authoritie Denunce the said […] Kininmounth his majesties Rebell And Ordaine all his moveable goods and geir to be escheat and inbrought to his majesties use for his contemption and Disobedience, And the saids Lords Allowes the pursuars to raise ane additionall Lybell against the defenders and assignes tusday nixt being the Eight instant to be the day of Compeirance in the said Lybell and Continues the dyet til that day.

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/101

Act

Act The Countesses of Rothes and Weymes and other heritors of the parishin of Auchterderren

Anent the Complaint raised and persewed before the Lords of their majesties privy Councill at the instance of Margrat Countes of Rothes, Margrat Countes of Weymes and others of the heritors and elders of the parochin of Auchterderran Shewing That quher by the thretie thrid act of the second session of his majesties Current parliament It is statute and Ordained that in caise of the vaccancie of any particular church The heritors and elders of thee parish are to name and Chuise the person who shall be their minister, and in caise of ane debate or Competitione, The presbytrie is to moderat and determine in the Call notwithstanding wherof […] Laird of Balmoutto and […] Laird of Kinnimounth In manifast contempt and Disobedience of the said act of Parliament intend to thrust in upon the Persewars to the paroch Church of Auchterderren one […] Young sometyme minister in Culross without any legall call from the pluralitie of the heritors and elders of the paroch which is necessarly Requyred by act of Parliament, Bot meerly of themselves without Concurrance of the elders that of late have been legally Choisen and constitute In order to the giveing of a Call to a minister, and without Consent of the heritors of the Paroch, or if their be any of those that goes allongst with them they are bot few and inconsiderable, And not only so informall and Illegall is any call given (Raither to be called a violent Imputeing then a Call) Bot the persone to whom the saids two gentlemen pretends to give a Call is altogither incapable of receiveing any seing at present he Lyes under a Sentance of Diprivatione by the saids Lords thir act of Councill for not giveing obedience to the sixteinth act of the estates of this kingdome appoynting publict prayers to be made for their Majesties, Bot the violent actings of the two persones not to be remeeded by the Presbytrie from Which they take no rules are only to be restrained and stop put therto by the saids Lords And Therfore humbly Craveing the saids Lords of Privy Councill by their authoritie to put a stopt to the violent procedur in that call, Bot give order that the same be done orderly according to the present established Lawes with Consent of the petitioners The heritors and elders legally constitute in that parish And that in the mean tyme tyme2 the keyes of the Church might be ordained to be delivered up to the presbytrie (who only can supply the Church dureing the vacancie) and who are to moderat in any call that can be formally given The saids Lord of his majesties privy Councill have by ane act appoynted the above Lairds of Balmonto and Kininmouth to be cited in maner and to the effect aftermentioned And Anent the charge given to the said defenders to have Compeired before the saids Lords of Privy Councill at ane certaine day bygone To have ansuered to the points of the above petition And to have heard and seen such order and Course taken theranent as the saids Lords should think Just as at more leanth is Contained in the forsaid complaint and executiones therof. Which being this day called in presence of the saids Lords of Privy Councill And the persewars Compeiring be James Stewart senior advocat their procurator And David Bosswall of Balmoutto one of the said defenders Compeiring personally with Sir David Thores advocat his procurator And the above […] Kinnimounth of that ilk defender being absent called and not compeiring. The saids letters or Lybel being read And the Earles of Crafurd and Leven who ware Declyned by the defenders In Respect of their relatione by consanguity or affinitie to the pursuars haveing removed and both parties advocats being fully heard They Grant Certificatione against the Laird of Kininmounth for not compeiring And Ordaines letters of Denunciatione to be direct to messengers at armes to pass to the marcat cross of […] And ther in their Majesties name and authoritie Denunce the said […] Kininmounth his majesties Rebell And Ordaine all his moveable goods and geir to be escheat and inbrought to his majesties use for his contemption and Disobedience, And the saids Lords Allowes the pursuars to raise ane additionall Lybell against the defenders and assignes tusday nixt being the Eight instant to be the day of Compeirance in the said Lybell and Continues the dyet til that day.

1. NRS, PC2/24, 37v-38r.

2. Sic.

1. NRS, PC2/24, 37v-38r.

2. Sic.