Act, 31 May 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh Threttie one day of Maij Jaj vjc nyntie tuo years

A1692/5/1831

Act

Act Mr James Menzies for stipend

Anent the petitione given in to the Lords of there majestyes privie Councill be Mr James Menzies sometyme minister at Callender Shewing That the Earle of Callender being patrone of the paroch kirk of Falkirk hes by vertue of the Late act of parliament allowing patrones to dispose upon the vacand stipends for pious uses, Gifted and disponed the petitioner for the sustentatione of himself and Mary Livingstoun his Spouse and there six children the stipend of the pariochine of Falkirk Together with the duety of the manse and gleib thereof vacant in the said patrons hands And that for the Cropt and year of God Jaj vjc and nyntie one years As the gift and dispositione produced with the said petitione hes testifyed which is a most pious use In respect of the petitioners Circumstances Being destitute of the means of subsistance for himself and his numerous family And therefore Craveing that the saids Lords of privie Councill would be pleased to Interpone there authority to the forsaid disposition granted be the Earle of Callender And to ordaine Letters of horning to be direct at the petitioners instance againest the heretors fewers Lyfrenters tacksmen and others Lyable in payment of the said stipend for makeing payment thereof to the petitioner As the said petitione bears Which petition Being read in presence of, and Considered be the saids Lords of privie Councill They by there delyverance thereon daitted the nynteent day of Maij Instant (and haveing Lykewayes considered the gift and dispositione above mentioned from the said Earle of Callender mentioned mentioned2 in and produced with the said petitione) Allowed to the petitioner the stipend manse and Gleib of the Kirk of Falkirk for the haill cropt and year of God Jaj vjc and Nyntie one And ordained him 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 the samen And ordained Letters of horning to be direct at his instance against them for that effect upon productione of a decreet of Locality And in case there be no decreet ordained these Lyable To make payment of there respective proportiones according as the samen shall be decerned be the Judge ordinary Which Decreet Being therefter upon the Tuentie second day of the said moneth of Maij Instant Stopted be the Lord Chancellours order untill the next Councill And that the petitione againest the same might be heard befor the Councill. The samen wes again this day Considered be the saids Lords of privie Councill with ane other petitione Given in be the heretors and Kirk session of Falkirk Craveing the former delyverance in the petitioners favours to be discharged They refuse the desyre of the petition given in be the heretors and Kirk session And adheres to the former Interloquitor In favours of the said Mr James Menzies and ordaines the same to be extracted3 In respect he hes given to the Clerks of Councill ane obleidgement subscryved be him Binding and obleidgeing himself That for the future he shall pray for there majestyes King William and Queen Mary as King and Queen of this Realme.

At Edinburgh 31 May 1692

A1692/5/1831

Act

Act Mr James Menzies for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr James Menzies, former minister of Callendar, showing that the [Alexander Livingston], earl of Callendar, being patron of the parish kirk of Falkirk, has by virtue of the recent act of parliament allowing patrons to dispose of vacant stipends for pious uses, gifted and disponed to the petitioner for the sustenance of himself and Mary Livingston his spouse and their six children the stipend of the parish of Falkirk together with the duty of the manse and glebe thereof, vacant in the said patron’s hands and that for the crop and year of God 1691, as the gift and disposition produced with the said petition has testified, which is a most pious use considering the petitioner’s circumstances, being destitute of the means of subsistence for himself and his numerous family, and therefore craving that the said lords of privy council would be pleased to interpose their authority to the foresaid disposition granted by the earl of Callendar, and to ordain letters of horning to be directed at the petitioner’s instance against the heritors, feuars, liferenters, tacksmen and others liable for payment of the said stipend for making payment thereof to the petitioner, as the said petition bears. Which petition being read in presence of, and considered by the said lords of privy council, they by their deliverance thereon dated 19 May instant (and having likewise considered the gift and disposition above mentioned from the said earl of Callendar mentioned in and produced with the said petition) allowed to the petitioner the stipend, manse and glebe of the kirk of Falkirk for the whole crop and year of God 1691, and ordained him to be readily answered, obeyed and paid thereof by the heritors, feuars, liferenters, titulars, tacksmen of teinds, tenants, possessors and others liable for payment of the same, and ordained letters of horning to be directed at his instance against them for that effect upon production of a decreet of locality, and in case there is no decreet, ordained those liable to make payment of their respective proportions as the same shall be discerned by the judge ordinary, which decreet being thereafter on 22 of May instant stopped by the lord chancellor’s order until the next council, so that the petition against the same might be heard before the council. The same was again considered today by the said lords of privy council with another petition given in by the heritors and kirk session of Falkirk, craving the former deliverance in the petitioner’s favour to be discharged. They refuse the desire of the petition given in by the heritors and kirk session and adhere to the former interlocutor in favour of the said Mr James Menzies and ordain the same to be extracted in respect he has given to the clerks of council an obligation subscribed by him, binding and obliging him to pray in future for their majesties King William and Queen Mary as king and queen of this realm.

1. PC1/48, 234-5.

2. Sic.

3. The word ‘He’ scored out here.

1. PC1/48, 234-5.