Act, 6 October 1697, Edinburgh

Att Edinburgh the Second day of Febrwary J^aj vi^c nyntie Seven yeirs

D1697/2/3

D1697/2/3¹

Decreet

Decreit Jack Against Patersone

Anent the bill of Suspensione given in and presented to the Lords of his majesties privie Counsell at the instance of James Patersone of Biggersheills Andrew Taillfer and William Watsone in Westrae George Kello in Carrwood John Threipland in Spitle and John Willsone in Toft Cames Against Mr William Jack Late minister at Bigger Shewing That wher they are charged be vertue of Letters of horneing raised at the said Mr William Jacks instance to make payment to him of ther respective proportiones of Stipend wnderurittin payable furth of the Lands and others possest be them Cropt and yeir of God J^aj vi^c nyntie one yeirs Viz the said James Patersone of the Soume of Ane Hundereth merks Scotts money the saids Andrew Taillfer and William Watsone of the numbers and qwantitie of Fifftein bolls good and Sufficient Victwall two pairt meall and third pairt bear Linlithgow measure Item the said George Kello of the Soume of Fifftie merks Scotts Item the said John Threipland of the Soume of twentie merks Scotts money And the said John Willsone of the number and qwantitie of Four bolls victwall good and Sufficient of the mett and measure of Linlithgow wherof two pairt meall and third pairt bear Contained in ane Decreit of Localitie obtained befor the Commissioners of parliament for Surrender of teinds at the instance of Mr Alexander Livingstowne then minister at Bigger against the Earle of Wigtowne and others dated the threttein day of Febrwarie J^aj vi^c and Fifftie yeirs and ther Lordships act of Counsell in favoures of the said charger Dated the twentie eight of Jwne J^aj vi^c nyntie two years within ane certaine Short Space under the paine of rebellion and putting of them to the horne Most wrongouslie and wnjustlie Considering it is of veritie that the foirsaid charge is most growndles and wnjust in So farr as they allwayes being in wse to make payment of ther proportiones of teind and Stipend to the Earle of Wigtowne his chamberlands who constantlie payed the ministers without any more trouble Did make payment of the proportiones of teind and Stipend charged for to Alexander Wardlaw baillie to the Earle of Wigtowne and procured his discharges therof Long befor any act in the chargers favoures as the severall recepts granted to them therwith produced bears And which soe will consists with the chargers own knowledge that though he served the cure amongst them thrie yeirs efter he never so much as qwarrelled the said payment But receaved his thrie yeirs Stipend and granted Discharges therof verie pleaseantlie As the discharges produced bears which in Law is presumed Satisfactione for all preceedeings And it is thought Strange with what confidence this charger can now trouble them for that pairt of the vaccant Stipend which he knowes was bona fide payed by them to the chamberland to the Earle of Wigtowne wndoubted patron of the paroch kirk of Biggar and imployed by him for piows uses uithin the paroch Conforme to the act of parliament Viz The reparatione of the kirk of Biggar and manse which was then almost rwinous And which act of Counsell could never have bein obtained at this chargers instance upon any other accompt then for reparatione of the kirk and Manse or some other piows wses within the paroch and which ther Lordships were so Jwst as to burden his act with Soe that he can never pretend any Damnadge Seing what Stipend was payed was imployed that Same way And he had bwt Litle Left to him to doe owt of the whole remainder of the said Stipend that he uplifted Sot that the said charger owght to be So farr from molesting them for that pairt of the vaccant Stipend he knowes to be So well imployed and which he never could have right to that he owght to hold accompt to the patron for the Superplus of what Stipend he uplifted be vertue of the said act more then compleated the reparatione of the said kirk and manse and that the samen may be yet imployed upon other piows wses within the paroch In respect of all which the foirsaids Letters ought to be Suspended without cautione or consignatione Nevertheles they are content to find cautione As the said bill of Suspensione at more length bears which bill of Suspensione being read in presence of the saids Lords of privie Cownsell they Sisted executione theron till ane certaine day and allowed the charger to Sie and ansuer the Same And the said charger haveing taken up the said bill to Sie Gave in ansuers therto And the said bill and ansuers being both upon the nynth Say of Jully J^aj vi^c nyntie Six read in presence of the Saids Lords of privie Counsell and both pairties being called the Said James Patersone and remanent persones Suspenders Compeareing be Sir Patrick Home his majesties Sollicitor as ther advocat And the said Mr William Jack charger Compeareing be Sir James Stewart his majesties advocat And both pairties Lawiers being fullie heard and the Counsell haveing considered the writes prodwced for aither pairtie the saids Lords Fand it relevant to be proven by the said Mr William Jack charger his oath of veritie Simpliciter that he promised to the Earle of Wigtownes freinds that he Should not trouble any of the Earles tennents of his own Lands for any pairt of the Stipend And ordained the tenents Suspenders to give ther oaths that they actwallie made payment of the Soumes contained in the discharges produced befor they were charged to make payment of the Soumes charged for to the said Mr William Jack charger and assigned ane certaine day to both the charger and Suspenders to have compeared and Deponed upon the points foirsaid with certification etc Efter elapseing of the which day assigned to both pairties to have Deponed as said is Compeared the said Mr William Jack charger in presence of The Lord Carmichael one of the Saids Lords of privie Counsell And being Solemnly Sworne interrogat and examined upon his great oath Depones and declaires that he never made any Such promise and that the Same was never So much as requyred by any persone whatsoever And Declaires and depones that what he hes said is trwth as he Shall ansuer to God which oath and Depositione of the said Mr William Jack being this day at Lenth read and considered be the saids Lords of privie Counsell they find that the samen proves not the point fownd relevant to be proven therby And the saids Suspenders being this day often tymes called and give ther oaths upon the points wherupon the² Should have Deponed they faillzed theruntill as was clearlie wnderstood to the Saids Lords And therfore they circumdwoed the terme against the saids Suspenders and held them as confest and gave and proununced ther Decreit and Sentance against them And fand the Letters orderlie proceeded at the chargers instance against the saids Suspenders for the Sowmes of money qwantities of victwall charged for contained in the foirsaid decreit charged on And ordains the Samen to take effect and be putt to furder executione efter the forme and tenor therof in all points And Superceeded the extracting of this Decreit till this Day eight dayes And if the Suspenders Should come betuixt and that tyme allowed ther oaths to be receaved which tyme being elapsed befor extracting heirof the Suspenders Compeared not