Decreet, 27 December 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/241

Decreet

Decreet Suspension The Marishall Collodge Against The heritors of Foveraigne

Anent the bill of suspension given in to the Lords of ther majesties privy Councill be Alexander Udney of that ilk Mr Alexander Forbes elder of Foveraigne Samuell Forbes Younger therof, John Udney of Newtyle and Alexander Forbes of Sauch for themselves in name and behalf of the remanent heritors and fewars within the parochin of Foveraigne Shewing That quher they are charge at the instance of Mr Alexander moor procurator of the New Collodge of Aberdeen and factor appointed for uplifting the Stipend of the kirk of Foveraigne for the year Jaj vjc nyntie one To make payment to him of the said years stipend for the use and behoove of the principall and members of the said new Collodge each of them conforme to their respective valuationes and proportion conforme to ane act of the saids Lords granted theranent dated the twentie two day of December last by past And against which act the petitioners ought to be reponed for the reasones and Causes following first the forsaid act of Councill Is altogither in absence and only founded upon a petitione given in by the said Collodge without citeing the petitioners heritors or allowing them to See and answer the samen Otherwayes if they hade been cited and Compeiring they would have alledged as now they alledge Primo That the Patrones gifting the said stipend to the said Collodge was not conforme to the Law for by the act of Parliament Jaj vjc Eightie five made anent vaccand Stipends the patrons are ordained primo loco to Imploy the samen upon pious uses within the parish nor presbytrie And so it is that Mr Robert Udney schooll master of the said Paroch upon the presbytries recomendatione and to the great satisfactione of the haill parishioners has now be the Space of two years Served the cure by preaching at the said kirk without any acknowledgment or reward, And this being unquestionably ane pious and good use within the parish The said vaccant Stipends ought in the first place to have been applyed in satisfaction to the said Mr Robert, For the pious Labours, And not upon any extraneous use Secundo the petitioners and the said Mr Robert Udney did tymeously apply to the saids Lords for that effect, Bot the petition was neglected to be presented to the saids Lords by the Clerks and the Samen with the testificat of his service was therwith produced to the saids Lords Conforme wherunto they now Crave preferrence, To so much of the forsaid stipend as the saids Lords should think fitt To allow to the said Mr Robert for his so good Service And that the saids Lords would recall the forsaid act as being altogither in absence And Therfor etc Nevertheless for the more obedience they were content aither to find Caution acted in the saids Lords books or to debate the foresaid reasones sumarly, And Therfore Humbly Craveing the saids Lords would Grant letters for Sumonding the said Charger To have Compeired before the saids Lords at ane certain day bygone, Bring with him the forsaid act to have been seen and Considered be the said Lords and to have heard and seen the samen suspended for the reasones and Causses forsaids and others As the said bill of Suspension bear Which being read in presence of the saids Lords They allowed the Chargers procurators to see and answer the samen who haveing accordingly taken up the petition Gave in the answers following It Is answered to the first that ther is no necessitie for Calling the heritors seing the Patron was Compeiring with whose Consent the vaccant stipends are to be Disposed Naither can they pretend any prejudice by their not being called Unles that they would alledge that they hade bona fide made payment which cannot be pretended, And as to the pretence of what is bestowed upon the Collodg is not for ane pious use within the paroch the Same Is altogither frivilous Seing what is bestowed upon the Collodge is ane universall concerne, and profitable not only for the paroch Bot also for Scotland, And what tends to the education of youth most certainely be esteemed and pious use, And it is admired why the said parishoners Doe So much contravert the payment of this years Stipend to the Collodge upon pretence that it is not for ane pious use within the parish seing they made present payment of the former stipend to one Mr Gordon who is not a conforme minister and that the most part of the parish are willing to pay except these four ingravers of the forsaid bill and the pretence of the Schooll masters preaching and serveing of the cure Is Lyke wayes of no moment Seing that it is altogither Just Tertij to the heritors to found therupon And if need were it would be made appear that the kirk was for the most part served by the presbytrie of Ellon within which it Lyes, And if the Schooll-master preached it was only at certane tymes, neither is preaching the wholl dutie of a minister ther being much more Requyred viz the administratione of the Sacraments visiteing the Sick, Catachiseing and mariadge etc So that be no reason can the schooll master Demand the vaccant Stipend, And farder the Schooll master is no object of Charitie his Sallerie as such being almost as good as ordinary ministers stipends haveing a mortificatione besyde the ordinary dues, And farther dureing the vaccancie he has possest both manse and Gleib which is ane suficient requytall for all his ordinary and extraordinary paines It is answered to the second as said is, Primo It is Jus Tertij to the petitioners to found therupon and albeit it ware not Jus Tertij for them It is so farr from argueing for the petitioners that one the Contrary it argues against them Seing it therby appears that the saids Lords have hade the Schooll masters caise under their consideratione And yet notwithstanding therof preferred the Collodge In Respect quherof the desyre of the bill ought to be refused as the answers bears And Sicklike anent the petitione given in to the Lords of privy Councill be the said Mr Robert Udney therin designed preacher at the kirk off Foveraigne with concourse of the Laird of Udney Foveraigne and other heritors of that parochin and also the presbytrie of Elgine within which the same Lyes. Shewing That quher the petitioner since February Jaj vjc nyntie hade up on the call of the heritors Supplied the vaccancie of the said kirk of Foveraigne by preaching ther sincesyne to their great contentment and approbation of the presbytrie as testificats under the saids heritors and presbytries hands therwith produced bears Be vertue quherof and according to the law It was hoped the petitioner would be found to have right to the stipend at least some allowance furth therof, And it being of veritie that upon the petitioners late application to the saids Lords for getting some allowance out of the stipend Jaj vjc nevertheless the petitioner was totally excluded by ane order of the saids Lords in favors of Mr Robert Gordon late minister at […] for the stipend of the said cropt Jaj vjc nyntie And now seing the Stipend of this cropt Jaj vjc nyntie one Is free And not as yett affected by destinationes in favors of any person so that the petitioner humbly hoped that the saids Lords would be favorably pleased. In Consideration of his Service at the said kirk of Foveraign as said is to allow him this years stipend for the cropt Jaj vjc nyntie one, And that upon this specified Consideration That the petitioners case comes under the Compass of these 2 pious uses within the parochin as the act of Parliament ane omnia Ordaines the patrones to Imploy the vaccand stipends towards the releif of And Therfore Humbly Craveing the saids Lords to allow him this years stipend for this cropt Jaj vjc nyntie one And preferr him therin to the Collodge of Aberdeen or any others out with the parochin that are pretenders, therfore as the petitione bears The saids Lords of their majesties privy Councill Haveing Considered the above bill and reasones of Suspensione with the answers made therto be the charger and petition given in therto be Mr Robert Udney They Refuse the above bill and reasones of Suspension And Ordaines the former letters at the chargers instance to be put to farther execution.

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/241

Decreet

Decreet Suspension The Marishall Collodge Against The heritors of Foveraigne

Anent the bill of suspension given in to the Lords of ther majesties privy Councill be Alexander Udney of that ilk Mr Alexander Forbes elder of Foveraigne Samuell Forbes Younger therof, John Udney of Newtyle and Alexander Forbes of Sauch for themselves in name and behalf of the remanent heritors and fewars within the parochin of Foveraigne Shewing That quher they are charge at the instance of Mr Alexander moor procurator of the New Collodge of Aberdeen and factor appointed for uplifting the Stipend of the kirk of Foveraigne for the year Jaj vjc nyntie one To make payment to him of the said years stipend for the use and behoove of the principall and members of the said new Collodge each of them conforme to their respective valuationes and proportion conforme to ane act of the saids Lords granted theranent dated the twentie two day of December last by past And against which act the petitioners ought to be reponed for the reasones and Causes following first the forsaid act of Councill Is altogither in absence and only founded upon a petitione given in by the said Collodge without citeing the petitioners heritors or allowing them to See and answer the samen Otherwayes if they hade been cited and Compeiring they would have alledged as now they alledge Primo That the Patrones gifting the said stipend to the said Collodge was not conforme to the Law for by the act of Parliament Jaj vjc Eightie five made anent vaccand Stipends the patrons are ordained primo loco to Imploy the samen upon pious uses within the parish nor presbytrie And so it is that Mr Robert Udney schooll master of the said Paroch upon the presbytries recomendatione and to the great satisfactione of the haill parishioners has now be the Space of two years Served the cure by preaching at the said kirk without any acknowledgment or reward, And this being unquestionably ane pious and good use within the parish The said vaccant Stipends ought in the first place to have been applyed in satisfaction to the said Mr Robert, For the pious Labours, And not upon any extraneous use Secundo the petitioners and the said Mr Robert Udney did tymeously apply to the saids Lords for that effect, Bot the petition was neglected to be presented to the saids Lords by the Clerks and the Samen with the testificat of his service was therwith produced to the saids Lords Conforme wherunto they now Crave preferrence, To so much of the forsaid stipend as the saids Lords should think fitt To allow to the said Mr Robert for his so good Service And that the saids Lords would recall the forsaid act as being altogither in absence And Therfor etc Nevertheless for the more obedience they were content aither to find Caution acted in the saids Lords books or to debate the foresaid reasones sumarly, And Therfore Humbly Craveing the saids Lords would Grant letters for Sumonding the said Charger To have Compeired before the saids Lords at ane certain day bygone, Bring with him the forsaid act to have been seen and Considered be the said Lords and to have heard and seen the samen suspended for the reasones and Causses forsaids and others As the said bill of Suspension bear Which being read in presence of the saids Lords They allowed the Chargers procurators to see and answer the samen who haveing accordingly taken up the petition Gave in the answers following It Is answered to the first that ther is no necessitie for Calling the heritors seing the Patron was Compeiring with whose Consent the vaccant stipends are to be Disposed Naither can they pretend any prejudice by their not being called Unles that they would alledge that they hade bona fide made payment which cannot be pretended, And as to the pretence of what is bestowed upon the Collodg is not for ane pious use within the paroch the Same Is altogither frivilous Seing what is bestowed upon the Collodge is ane universall concerne, and profitable not only for the paroch Bot also for Scotland, And what tends to the education of youth most certainely be esteemed and pious use, And it is admired why the said parishoners Doe So much contravert the payment of this years Stipend to the Collodge upon pretence that it is not for ane pious use within the parish seing they made present payment of the former stipend to one Mr Gordon who is not a conforme minister and that the most part of the parish are willing to pay except these four ingravers of the forsaid bill and the pretence of the Schooll masters preaching and serveing of the cure Is Lyke wayes of no moment Seing that it is altogither Just Tertij to the heritors to found therupon And if need were it would be made appear that the kirk was for the most part served by the presbytrie of Ellon within which it Lyes, And if the Schooll-master preached it was only at certane tymes, neither is preaching the wholl dutie of a minister ther being much more Requyred viz the administratione of the Sacraments visiteing the Sick, Catachiseing and mariadge etc So that be no reason can the schooll master Demand the vaccant Stipend, And farder the Schooll master is no object of Charitie his Sallerie as such being almost as good as ordinary ministers stipends haveing a mortificatione besyde the ordinary dues, And farther dureing the vaccancie he has possest both manse and Gleib which is ane suficient requytall for all his ordinary and extraordinary paines It is answered to the second as said is, Primo It is Jus Tertij to the petitioners to found therupon and albeit it ware not Jus Tertij for them It is so farr from argueing for the petitioners that one the Contrary it argues against them Seing it therby appears that the saids Lords have hade the Schooll masters caise under their consideratione And yet notwithstanding therof preferred the Collodge In Respect quherof the desyre of the bill ought to be refused as the answers bears And Sicklike anent the petitione given in to the Lords of privy Councill be the said Mr Robert Udney therin designed preacher at the kirk off Foveraigne with concourse of the Laird of Udney Foveraigne and other heritors of that parochin and also the presbytrie of Elgine within which the same Lyes. Shewing That quher the petitioner since February Jaj vjc nyntie hade up on the call of the heritors Supplied the vaccancie of the said kirk of Foveraigne by preaching ther sincesyne to their great contentment and approbation of the presbytrie as testificats under the saids heritors and presbytries hands therwith produced bears Be vertue quherof and according to the law It was hoped the petitioner would be found to have right to the stipend at least some allowance furth therof, And it being of veritie that upon the petitioners late application to the saids Lords for getting some allowance out of the stipend Jaj vjc nevertheless the petitioner was totally excluded by ane order of the saids Lords in favors of Mr Robert Gordon late minister at […] for the stipend of the said cropt Jaj vjc nyntie And now seing the Stipend of this cropt Jaj vjc nyntie one Is free And not as yett affected by destinationes in favors of any person so that the petitioner humbly hoped that the saids Lords would be favorably pleased. In Consideration of his Service at the said kirk of Foveraign as said is to allow him this years stipend for the cropt Jaj vjc nyntie one, And that upon this specified Consideration That the petitioners case comes under the Compass of these 2 pious uses within the parochin as the act of Parliament ane omnia Ordaines the patrones to Imploy the vaccand stipends towards the releif of And Therfore Humbly Craveing the saids Lords to allow him this years stipend for this cropt Jaj vjc nyntie one And preferr him therin to the Collodge of Aberdeen or any others out with the parochin that are pretenders, therfore as the petitione bears The saids Lords of their majesties privy Councill Haveing Considered the above bill and reasones of Suspensione with the answers made therto be the charger and petition given in therto be Mr Robert Udney They Refuse the above bill and reasones of Suspension And Ordaines the former letters at the chargers instance to be put to farther execution.

1. NRS, PC2/24, 144v-146v.

2. The word ‘points’ scored out here.

1. NRS, PC2/24, 144v-146v.

2. The word ‘points’ scored out here.