Scottish Privy Council Records

Att Edinburgh the sixteinth day of Februarij J^aj vj^c Nyntie tuo years

A1692/2/68¹

Decreet

Decreet Coupar and Gellie Against pariochiners of Airth

Anent the bill of Suspension Given in to the Lords of there Majestyes privie Counsell be John Lord Elphinstoun Charles Elphinstoun of Airth Sir Robert Milne of Barnetoun and Henrie Elphinstoun of Melgun his tutors for there Interests Dam Janet Bruce Lade Lethein Alexander Bruce of Kinaird Sir William Bruce of Stenhouse Michaell Elphinstoun of Quarrell his tutor for his Interest James Bruce of Powfoullis Robert Rollo of Powhouse Elisabeth Callender portioner of Bell dyck Hugh Williesone of Corntoun Heretor of ane pairt of the Land of Ponknave for themselves and in name of there haill tennents of there respective Lands within the pariochine of Airth Mentioning The² where the saids suspenders are Lately Charged be vertue of Letters of horneing Raised used and execute againest them at the Instance of Mr Patrick Coupar preacher of the Gospell at St Ninians To make payment to him of the haill stipend payable be the saids suspenders and ilk ane of them out of the pariochine of Airth to the Minister serveing the Cure at the said kirk of Airth And that for the half of the cropt and year of God J^aj vj^c and Eightie Nyne years Conforme to ane pretended act of there saids Lords of Counsell dated the tuelth day of Jully J^aj vj^c and Nyntie years And ane decreet of suspension alleadged recovered at his Instance befor the saids Lords daitted the Tuenty Nynth day of December J^aj vj^c and Nyntie one yeirs within ane Certain short space next after the charge under the pain of rebellione And putting of the saids Suspenders to the horne And for there alleadged dissobedience as the saids suspenders are Informed Intend to cause denunce them rebells and put them thereto most wrongeously and unjustly Considering It is of verity That the saids Lords of privie Counsell by there act daitted the Thursday of march J^aj vj^c and Nyntie one years upon Applicatione made by Mr Paull Gellie Narrateing that he Continowed Minister at Airth till September J^aj vj^c and Eightie Nyne years at which tyme he wes Maliciously persued be a few of his pariochine upon a Malicious complaint as not prayeing for there present majestyes And which these persewers did prove by tuo witnesses male fam and Albeit by testificat produced with the said bill of suspension to there Lordships under the heretors hands The Contrairnes acknowledged by them As also the said Mr Paull his Conforming to the Civill government and prayeing for there present Majesties upon which considerationes The saids Lords of privie Counsell did grant him a gift of the vacant stipends for the year J^aj vj^c and Eightie Nyne He having served them near to Michaellmess And being depryved upon a misrepresentation of the matter of fact by tuo suspect witnesses And the Conviction thereof with the heretors tesificat to the contrairie did Induce the saids Lords to grant the said gift And Notwithstanding Mr Patrick Coupar presently preacheing at St Ninians did Clandestinely obtaine a gift of the half of the samen year And being Convinced that Mr Paulls gift would be preferred in Law He with that same fraud Gives in a bill of suspensione in name of the heretors upon double poynding without there knowledge or Concourse And non being Compearing for them he gets ane decreet of suspensione preferring him to the said Mr Paull Albeit it be of verity That Conforme to the act Granted In favours of the said Mr Paull by there Lordships The said suspenders make actuall payment to the said Mr Paull of the stipend now charged for And there upon Recovered his discharges As the act In favours of the said Mr Paull with the saids suspenders there respective discharges produced with the said bill of suspension hes testifyed And therefore the said pretended act in favours of the said Mr Patrick Coupar decreet of suspension Letters of horning etc haill effect thereof and ought to be suspended and Nevertheless If the saids Lords think fitt The saids suspenders are willing to find Cautione for payment In case etc And therefore Craveing that the saids Lords would Grant Letters to Summon the said Mr Patrick Coupar To Compear etc Bringing with him the said Mr³ pretended act, decreet Letters of horning etc to be see the samen suspended etc And to suspend and discharge etc in Comunj forma As the said petitione bears The saids Lords of there Majestyes privie Counsell having Considered this bill of suspension given in to them be the above heretors of Airth with the ansuers made thereto for Mr Patrick Coupar and wreitts produced for aither pairty They preferr Mr Patrick Coupar to the stipend of Airth for the half of the Cropt J^aj vj^c and J^aj vj^c ⁴ and Eightie Nyne And preferrs the said Mr Paull Gellie to the stipend of the said kirk for the haill year J^aj vj^c and Nyntie And Finds having Letters at there Instances orderly proceeded accordingly And discharges aither of them to trouble others in the peaceable uplifting of the said stipend

At Edinburgh 16 February 1692

A1692/2/68¹

Decreet

Decreet Coupar and Gellie against patishioners of Airth

Concerning the bill of suspension given in to the lords of their majesties’ privy council by John, Lord Elphinstone, Charles Elphinstone of Airth, Sir Robert Milne of Barnetoun and Henry Elphinstone of Melgun his tutors for their interests, Dame Janet Bruce, Lady Lethane, Alexander Bruce of Kinnaird, Sir William Bruce of Stenhouse, Michaell Elphinstone of Quarrell his tutor for his interest, James Bruce of Powfoullis, Robert Rollo of Powhouse, Elizabeth Callender, portioner of Belldyke, Hugh Williesone of Corntoun, heritor of one part of the land of Ponknave, for themselves and in name of their whole tenants of their respective lands within the parish of Airth, mentioning that where the said suspenders are lately charged be virtue of letters of horning raised, used, and executed against them at the instance of Mr Patrick Coupar, preacher of the gospel at St Ninians, to make payment to him of the whole stipend payable by the said suspenders and each one of them out of the parish of Airth to the minister serving the cure at the said kirk of Airth, and that for the half of the crop and year of God 1689 conform to a pretended act of their said lords’ of council dated the twelfth day of July 1690 and a decreet of suspension alleged recovered at his instance before the said lords dated the twenty-ninth day of December 1691 within a certain short space next after the charge under the pain of rebellion and putting of the said suspenders to the horn, and for their alleged disobedience as the said suspenders are informed intends to cause denounce them rebels and put them thereto most wrongeously and unjustly. Considering it is of verity that the said lords of privy council by their act dated the […] Thursday of March 1691 upon application made by Mr Paul Gellie narrating that he continued minister at Airth till September 1689, at which time he was maliciously pursued be a few of his parish upon a malicious complaint as not praying for their present majesties, and which these pursuers did prove by two witnesses of bad reputation, and albeit by testificat produced with the said bill of suspension to their lordships under the heritors’ hands the contrary was acknowledged by them, as also the said Mr Paul his conforming to the civil government and praying for their present majesties, upon which considerations the said lords of privy council did grant him a gift of the vacant stipends for the year 1689, he having served them near to Michaelmas and been deprived upon a misrepresentation of the matter of fact by two suspect witnesses, and the conviction thereof with the heritors’ tesificat to the contrary did induce the said lords to grant the said gift. And notwithstanding Mr Patrick Coupar, presently preaching at St Ninians, did clandestinely obtain a gift of the half of the same year, and being convinced that Mr Paul’s gift would be preferred in law, he with that same fraud gave in a bill of suspension in name of the heritors upon double poinding without their knowledge or concurrence and none being compeared for them, he got a decreet of suspension preferring him to the said Mr Paul, albeit it be of verity that conform to the act granted in favour of the said Mr Paul by their lordships the said suspenders made actual payment to the said Mr Paul of the stipend now charged for, and thereupon recovered his discharges as the act in favour of the said Mr Paul with the said suspenders their respective discharges produced with the said bill of suspension has testified. And therefore the said pretended act in favour of the said Mr Patrick Coupar, decreet of suspension, letters of horning etc, whole effect thereof etc ought to be suspended etc. Nevertheless if the said lords think fit the said suspenders are willing to find caution for payment in case etc. And therefore craving that the said lords would grant letters to summon the said Mr Patrick Coupar to compear etc, bringing with him the said pretended act, decreet, letters of horning to be seen and to hear and see the same suspended etc And to suspend and discharge etc in communi forma as the said petition bears. The said lords of their majesties’ privy council having considered this bill of suspension given in to them by the above heritors of Airth with the answers made thereto for Mr Patrick Coupar and writs produced for either party, they prefer Mr Patrick Coupar to the stipend of Airth for the half of the crop 1689, and prefer the said Mr Paul Gellie to the stipend of the said kirk for the whole year 1690, and find having letters at their instances orderly proceeded accordingly, and discharge either of them to trouble others in the peaceable uplifting of the said stipend.

1. PC1/48, 46-8.

2. *Sic., should be ‘that’.*

3. *Sic.*

4. Sic.