Act, 27 December 1694, Edinburgh

Edinburgh the nynth day of January J^aj vj^c nyntie four years

D1694/1/7

D1694/1/7¹

Act

Act Mr Thomas Douglas and Weightmen his assigney

Anent a Petition given in to the Lords of ther Majesties privy Councill be Mr Thomas Douglas minister of ² Skirling³ and William Wightman merchant in Edinburgh his assigney Shewing That quher the petitioner haveing served the cure at the said kirk of Skirling untill Whitsunday J^aj vj^c Eightie nyne as is evident by the oath and depositione of James Patersone Chamberland to Livetenant Generall Douglas heritor and patrin of the said parish And the petitioner haveing retired after the said terme of Whitsunday for some small time out of fear of the Comon troubles and for his necessary sustinance of himself and poor familly was necessitate to borrow money from William Weightman merchant in Edinburgh, and did assigne him the said half years stipend due and payable at the said terme of Whitsunday J^aj vj^c Eightie nyne for his securitie of the soumes so advanced to the petitioner in his great straits and want for repayment of which soumes the petitioner is now Distressed and pursued In Respect the said James Patersone Chamberland to the estate of Skirling and the other heritors Lyable in payment of the said stipend Refuse to make payment therof to the petitioner or the said William Weightman his assigney without the saids Lords warrand and order for that effect, notwithstanding the said James Patersone acknowledges by his oath therwith produced that the said half years Stipend is still in his hands And Therfore Humbly Craveing the saids Lords in Consideratione that it is evident by the Chamberlands oath that the petitioner served till the Whitsunday J^aj vj^c Eightie nyne and that the said termes stipend is still in his hand to ordaine the said Chamberland and heritors and others Lyable in payment therof To make payment of so much therof in the first place to the said William Weightman as will satisfie the soumes Contained in his assignatione and advanced be him to the petitioner in his distres and the supperplus of the said termes stipend to the petitioner for satisfieing of William Plenderleith of another Small Soume advanced be him to the petitioner in his deficulties to which the said William Wightman has also right as the petition bears. The Lords of their majesties privy Councill haveing Considered this petitione given in to them be Mr Thomas Douglas and William Weightman his assigney with the oath and depositione therin and produced therwith with a bond be the said Mr Thomas Douglas to the Said William Weightman Containeing ane hundreth and twentie thrie punds five shilling Eight penies principall Threttie punds of penaltie and annualrent after the date of the bond which is dated the twentie first day of February J^aj vj^c Eightie nyne years and Containes ane assignatione to the above half years stipend Togither with one act of litis contestatione in the process to make arreisted goods furthcomeing before the Lords of Sessione at the instance of the said William Wightman against Livt James Douglas of Skirline and the said Mr Thomas Douglas for his intrest for payment of the soumes Contained in the above bond and assignatione and of the soume of Threttie six pounds scotts principall with five punds of penaltie and annualrents of the principall soume contained in ane bond granted be the seventh day of november J^aj vj^c Eightie Eight years and in ane assignatione therof granted be the said William Plenderleith to the said William Wightman dated the first day of Aprill J^aj vj^c nyntie years They heirby Declair that the said William Weightman as assigney Constitute be the said Mr Thomas Douglas has right to the stipend of the above kirk of Sterline for that terme therof ⁴ payable at Whitsunday J^aj vj^c Eightie nyne And ordaines him as assigney forsaid to be readiely answered obeyed and payed thereof be the heritors wodsetters Lyfrenters titulars tacksmen of teynds tenants possessors and others Lyable in payment of the samen And Ordaines letters of horning under the Signet of Councill to be direct at the instance of the said assigney against the persones Lyable in payment of the said half years stipend he produceing a decreet of Locality and in case ther be no Decreet of Locallity ordaines these Lyable to make payment of their respective proportiones according as they shall be Decerned be the Judge ordinary.