Act, 27 December 1694, Edinburgh

Att Edinburgh the Fifth day of July J^aj vi^c nyntie four years

A1694/7/8

A1694/7/8¹

Act

Act The Kirk session of Stirling Against The magistrats therof

Anent the petitione Given in to the Lords of their majesties privie Councell by Mr Robert Rule minister and remanent members of the Kirk session of Stirline Sheuing That wher there being now a Legall Eldership Constitut in the paroch of Stirling and the united presbytries of Stirling and Dumblane Having therupon appointed some of their number to requyre the magistrats Late Kirk thesaurer session Clerk and other havers of the session books Registers mortifications poors money and box mortcloths and other utencills of the paroch to delyver up the same to the petitioners or any they should Impoure for that effect and the same Having been accordingly requyred by the presbytries Commissioners from John Dick present provost of Stirling nevertheless He and other Havers refuise postpone and delay soe to doe all which appeared by ane Instrument produced uith the said petitione And therfore humbly Craving their Lordships may be pleased to Grant warrand to the Clerks of privie Councell to direct Letters of horning at the petitioners instance against the present magistrats Late kirk Thesaurer and other Havers of the sessione books registers and mortifications poors money and box mortcloaths and other utencells of the said kirk and paroch to delyver up the same to the petitioners as the said petitione bears which petition being read in presence of the saids Lords They Recommended to a Committie of their oune number to Consider the same and Ansuers given in therto for the Magistrats of Stirling and to Call for and Endeavour to setle and aggree the parties And In case of Difficultie to report and the said Committie Having accordingly mett and having heard the bill and ansuers and Considered the papers produced for aither partie and having Called for and heard both parties in their presence They Gave in their report in the termes follouing viz That it is their opinione primo That the Registers poors money and poors box uith the utencells of the Church Craved by Mr Rule and his kirk session ought of Common right to be Given up and delyvered ² to them by the magistrats of Stirling But Lykeuise the magistrats doe alleadge That by Immemoriall Custome The magistrats and toune Counsell of Stirling have had the Constant Custody and keeping of the poors money and poors Box which is denyed by the petitioners that therfore a short day should be assigned to both parties to prove hinc Inde their respective possessions and that for that effect the magistrats should instantly give up to the minister and kirk session the whole session books and registers now in their hands For Instructing the Custome and use in the said caise and that the magistrats doe also make patent the toune books and registers to the said minister and kirk session That both parties may have such extracts furth of the same as may be usefull for Clearing the forsaid Custome and Lastly that the saids magistrats be Certified that unles they prove their forsaid Immemoriall Custome and possession betuixt and the day forsaid The Lords of Councell will Grant the desyre of the forsaid petitione uithout furder delay as the said report bears which report being Considered by the saids Lords and they being well and rypely advysed theruith They by their Interloquitor of the tuenty one day of June Last approved of the said report and Assigned a day to both parties for proving their respective possessione as in the report and ordained Letters of dilligence to be direct at aither parties instance both against uitnesses and havers of wrytes and Lykeuise ordained Letters of horning at the petitioners instance against the saids magistrats upon tuenty four hours warning For delyvering up instantly to the petitioners the minister and kirk session The haill session books and registers now In their hands For Instructing the Custome and use in the above cause And alse for making patent to the petitioners the touns books and registers that both parties might have such extracts furth of the same as might be usefull For Clearing the above Custome Conforme wherunto both parties adduced diverse and sundrie famous uitnesses who Having made faith In presence of the Councell uere remitted to a Committie to be examined and being examined by the said Committie Deponed and Declared as their oaths and depositiones extant In proces bears And the said Lords of their Majesties privie Counsell Having Considered the Depositiones of uitnesses adduced by aither partie They Find it not proven that the magistrats of Stirling Have been in possessione of the poors money poors box bonds and Kirk mortcloaths But Finds it proven that the same have been in the possession of the kirk session or their Thesaurer And Therfore ordaines the magistrats of Stirling and others In whose hands the poors box poors money bonds and kirk mortcloaths are to exhibite and delyver up the same to the present kirk session or their Thesaurer And ordaines Letters of horning on six dayes to be direct heiron at the instance of the kirk session or Thesaurer against the magistrats and other havers all to be particularly named and designed in the Horning and others upon the premisses In forme as effeirs