Act, 28 December 1693, Edinburgh

Edinburgh the Seventh day of February J^aj vj^c nyntie thrie years

D1693/2/11

D1693/2/11¹

Act

Act The Relict of the Bishop of Dunkeld

Anent a Petition given in to the Lords of their Majesties privy Councill be Elizabeth Urie relict of the deceast John late Bishope of Dunkell Shewing That quher the saids Lords haveing by their act of the date the twentie Eight day of Jully last by past allowed the petitioner (upon the Consideratione therin mentioned) The modified stipend of Meigle for the cropt J^aj vj^c nyntie, And the petitioner haveing pursued the same before the shireff of Angus the Cause was advocat to the Lords of Councill and sessione of Consent of both parties And by ane Deliverance of the Lords of Session in putia for that effect and accordingly after long debate the petitioner upon the twentie two day of² December obtained Decreet against the heritors of Meigle for the said stipend, And being charged therupon And particularly Thomas Nairne of Kikhill one of the heritors for payment of Twentie seven merks of parsonadge and viccaradge for his lands of Kikill Conforme to his tack, And often bolls meall and four bolls bear or ten merks for each boll of bear, Conforme to the fiars for his lands of Ballmarton And John Blair of Balymyle another of the heritors for payment of twentie four bolls meall and twelue bolls bear or pryces forsaids, They gave in ane Suplicatione upon thir reasones That they being charged be James Melvill of Cassingray Collector of the vaccand stipends for payment of the said stipend The said Thomas Nairne hade made payment therof upon the said distress and recovered his Discharge of the same dated the sixth day of February J^aj vj^c nyntie two, And the said John Blair hade made payment to him if two hundred merks in part of payment of his stipend the said year and recovered his Discharge dated the thrid day of June J^aj vj^c nyntie one both produced And for the other heritors they hade all suspended Cassingray, The reasones of Which Suspension by ane Deliverance in presentia and of Consent of parties appoynted to be Discussed upon the bill and the same comeing befor the Lord Fountonhall one of the saids Lords number and after Letigious debate the Lord Fountonhall by his Decreit of Suspension the nynteinth day of February last found the letters orderly proceided as to all the heritors except Kirkhill and Balmyle and quoad these, The said Lord Fountonhall suspended the letter in so Far as they hade payed to Cassingray Reserveing their releife from Cassingray as acords Bot presented the petitioner to Cassingray for the wholl stipend as the Decreet bearing the productione of the saids Discharges and preferrance therwith produced would testifie And Therfore Humbly Craveing the saids Lords would ordaine the said James Melvill of Cassingray to refound to the petitioner the soumes forsaid received be him extending to two hundreth and fiftie punds scots as the said suplication bears The Lords of their majesties privy Councill haveing this day Considered the forsaid bill with the answers made therto be Mr James Melvill of Cassingray in swa farr as concernes him, They Recomend to the Lords Commissioners of their majesties thesaurie to cause payment be made to the petitioner of the soume of Two hundreth and Fiftie punds scots money which she Craves from Cassingray And Finds that Cassingray is not Lyable for the same to the petitioner In Respect he hath bona fide payed out the same upon precepts from the thesaurie.