Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie Seventh of Jully J^aj vi^c nyntie seven yeirs

D1697/7/22

D1697/7/22¹

Decreet

Decreit Gordoune Against Uddney of that ilk

Anent our Soveraigne Lords Letters of Suspensione raised and persewed befor The Lords of his majesties privie Cownsell at the instance of Alexander Uddney of that ilk Makeing mentione that wher the Complainer is charged be vertue of Letters of horning raised at the instance of Mr James Gordon minister of the gospell to make payment to him of the severall qwantities of victwall and money efterspecified Viz The number and qwantitie of Threttie bolls one firlot one peck and ane haddish meall Threttie bolls two firlots bear and Fourscore nyn punds two Shilling Six pence Scotts money being the said Complainers proportione of the chargers Stipend at the kirk of Foverane yeirly and ilk yeir for the cropts and yeirs of God J^aj vi^c nyntie thrie J^aj vi^c nyntie four and J^aj vi^c and nyntie five yeirs And the number and qwantitie of Fifftein bolls two pecks half a peck and half a haddish of meall six bolls and their firlots beare and Fourtie Four punds Eleven Shilling thrie pennies money foirsaid for the half of the yeir J^aj vi^c and nyntie six efter the forme and tenor of ane pretended decreit of Localitie obtained at the instance of Mr John Ross minister at Foverane against the heretors of that parochin befor the Lords Commissioners for plantatione of kirks and valwatione of teinds upon the Sixtein day of Febrwarie J^aj vi^c and Seventie Seven yeirs And also efter the forme and tenor of ane act of The Lords of our privie Counsell in favours of the charger Dated the Seventyne day of May J^aj vi^c nyntie six yeirs wherby they did allocat to the said charger the foirsaid stipend for the yeirs abovespecified And ordained him to be readiely ansuered and payed therof who for allreadged² disobedience hes denunced or intends to denunce the said Complainer rebell And putt him to the horne most wrongouslie and wnjustly Considering It is of veritie That Robert Martine of Bruntbrae as collector appointed by the presebtrie for uplifting the twentie merks give to ministers preaching at the said kirk of Foverane dureing the vaccancie therof Conforme to the act of parliament in anno J^aj vi^c and nyntie five And which twentie merks upon ilk preaching does now extend to a verie considerable soume payable owt of the vaccand Stipends The said Robert Martine as collector foirsaid hath the only right to uplift the Same And accordinglie he hath layed on arreastments in the Complainers hands for soumes of money and qwantities of victwall farr exceeding the charge As the coppies of arreastment Showen to our saids Lords of privie Counsell hes testified so that the said Complainer being doubly distressed cannot make payment to aither pairtie untill the competitione betuixt them be determined befoir the saids Lords Secundo the said Complainer hes alreadie payed a considerable pairt of the Stipends charged for the Brwntbrae as collector foirsaid upon the faith the act of parliament And Brwntbrae hes made dwe applicatione therof in the termes of the said act Tertio by the foirsaid act of Counsell in favours of the said Mr James Gordon charger and which is the ground of his present charge The charger is expresslie burdened with ane certaine soume of money to be payed to the presbetrie owt of the vaccand stipends charged for to³ which the said Complainer hes now right by assignatione from them As the samen assignatione prodwced to our saids Lords his testified And therfore the said Complainer owght to have allowance therof in the first place Qwarto the said Complainer cannot be lyable in payment to the said charger of the Stipend charged for cropt J^aj vi^c nyntie six Because Mr James Gordon the charger was not only wnder process befor the presbetrie But alsoe suspended be them Long befoir that tyme Qwinto the said Complainer offered to make payment to the said charger in soe far as he should be found ot have right Conforme to the fears upon his allowing the foirsaid Soume of expensses And protested for coast Skaith and damnadge in caise of his refwiseall and putting the said Complainer to furder charges As ane instrument of protestatione taken therupon Also Showen to the Saids Lords of our privie Counsell hes testified And so the saids Lords may evidently perceave how wnjustly the said Complainer is charged for the reasones foirsaids Nevertheles for obedience the said Complainer is instantly content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid charge at any tyme our saids Lords Shall appoint And also for payment of twentie merks for his escheat goods to The Lords of our Thesaurie in caise it shall be fownd by our saids Lords that he owght Soe to doe efter discussing heirof And Therfore the Saids Letters and charges owght to be Suspended And Anent the charge given to the saids defender to have compeared personallie befor the saids Lords of our privie Cownsell at ane certaine day now bygone to have ansuered to the grownds of the above Suspensione And to have heard and sein Swch order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As the said Suspensione at more lenth bears Which Suspensione being this day called in presence of the saids Lords of privie Counsell Alexander Wdney sone to the Laird of Wdney Suspender Compeareing personallie for the Suspender and Mr David Forbes Compeareing As Advocat for him who for the suspender prodwced in presence of the saids Lords ane assignatione be Mr James Oseburne moderator of the presbetrie of Aberdeen and Mr Arthur Shipherd clerk therto in favours of Alexander Wdney of that ilk Suspender Suspender⁴ in and to the Soume of two hundereth and threttie one pund Six Shilling eight pennies Scotts which the Counsell by ther act charged on ordained to be retained owt of the first end of the Stipends of Foveraigne given be ther Lordships to the charger dated the twentie nynth of October J^aj vi^c nyntie six yeirs Item ane instrwment wnder the Subscriptione of James Irvine notar beareing that upon the said twentie nynth of October J^aj vi^c nyntie Six the said Suspender offered to pay the Stipend charged for provideing the charger would allow him retentione of the Said Soume of two hundereth threttie one pund Six Shilling eight pennies And also provideing he would take payment conforme to the Candlemise fiars And the said Mr James Gordon charger compearing also personallie with Mr Francis Grant his advocat who for instrwcting the grownd of the said charge prodwced in presence of the saids Lords ane act granted by ther Lordships in favoures of the charger allowing to him the Stipend of the kirk of Foverane from Mertimes J^aj vi^c nyntie two to Whitsonday J^aj vi^c nyntie six dated the Seventh of May J^aj vi^c nyntie Six Item the decreit of Localitie of the the said kirk of Foverane at the instance of Mr John Ross minister at Foverane for the tyme dated the dourtein of Febrwary J^aj vi^c seventie seven yeirs with the Letters of horning raised on the Said decreit of Localitie and act of privie Counsell aboveuritten And Robert Martine of Burntbrae collector of the twentie merks allowed to ministers preaching at vaccand churches Compeareing alsoe personallie with the Said Mr David Forbes his Advocat who craved that he might be preferred for the Soume of Eight Hundered and twentie Merks Scotts and for eightie two merks being the tenth pairt of the Same dwe to him as collector disbursed be him or to be disbursed be him to ministers preaching at vaccant churches and for instructing his interest prodwced severall precepts granted by the ministers for severall of the saids twentie merks and Drawen upon him by the presbetrie of Aberdeen for payment of twentie merks to severall ministers preaching at the said vaccant church with the recepts granted by the ministers for severall of the saids twentie merks Item a testificat under the Subscriptione of the moderator and clerk of the presbetrie testifieing that the paroch of Foverane hath bein Supplyed with preaching by order of the presbetrie by ministers and probationers for the number of Fourtie one Saboths from fifth of Jullie J^aj vi^c nyntie five to the date of the testificat which is the twentie of november J^aj vi^c nyntie Six and testifieing that the Said Robert Martine of Burntbrae hath made payment to the ministers of the saids twentie merks The saids Lords of his majesties privie Counsell haveing considered the reasones of Suspensione with the ground of the charge produced for the said charger with the haill wrytes prodwced for all or any of the pairties foirsaids And the Counsell haveing heard the Lawwers for the haill foirsaids pairties at lenth in presence The Lords of his majesties privie Counsell Finds that the said Alexander Wdney of that ilk Suspender hes right by assignatione from the presbetrie of Aberdeen to the soume of Two Hundereth and threttie one punds Seven Shilling Scotts money which by the decreit and act of privie Counsell in the chargers favours charged upon is ordained to be payed to the ministers and elders of the said presbetrie out of the first and readiest of the Stipend in the said decreit and act for defraying of the expensses of a process before the privie Counsell at the instance of the said presbetrie against the said charger And Therfore have Suspended and heirby Suspends the Letters Simplicitir upon the said Suspender for the Said Soume And allowes the Suspender to retaine soe much of the Stipends charged for in his own hands And finds that ther is dwe to the said Robert Martine as haveing right to collect the twentie merks dwe to the ministers preaching by order of the presbetrie of Aberdeen at the said kirk the soume of Eight Hundereth and twentie merks Scotts for Fourtie one Saboths that ministers preached at the said kirk by order foirsaid frae the fifth day of Jullie J^aj vi^c and nyntie five to the twentie day of november J^aj vi^c nyntie Six to be payed owt by the said Robert Martine to the ministers and probationers sent by the presbetrie to preach at the said kirk of Foverane Conforme to a testificat wnder the hands of the moderator and clerk to the said presbetrie And Therfore have preferred and heirby preferrs the said Robert Martine to the said Mr James Gordone charger in soe far as concernes the said soume of Eight hundereth and twentie merks And have Suspended and heirby Suspends the Letters Simpliciter at the chargers instance against the said Alexander Wdney of that ilk Suspender for the said eight hundereth and twentie merks And for Eightie two merks being a tenth pairt of the foirsaid Soume dwe to him by act of parliament And decernes and ordaines the said Suspender to make payment to the said Robert Martine of the said Eight Hundereth and twentie merks And tenth pairt foirsaid And finds the Letters and charges at the instance of the said chargers against the Suspender orderlie proceeded as to the rest of the victwall and Soumes of money charged for not exhausted by the saids expensses and twentie merks as above dedwced And ordaines the Samen to take effect And to be putt to furder executione at the chargers instance against the said suspender therfore Efter the forme and tenor of the said decreit and act of privie Counsell charged on in all points And declairs that the victwall charged for Shall be payed at the rate of the Candlemise fiars for the yeirs charged for And ordaines Letters of horneing no fiftein dayes and other executorialls neidfull to be direct heiron wnder the Signet of privie Counsell in forme as effeirs And recomends to The Lords Commissioners of his majesties thesaurie to provide the charger to one of the best vaccand Stipends of his majesties patronadges which is at ther Lordships disposeall in Leiw and satisfactione to him of the saids soumes dedwcted from the saids stipends granted to him by the foirsaid act of privie Counsell