Decreet, 28 February 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Att Edinburgh the Tuenty Eight day of Februarij Jaj vjc nynty three years

A1693/2/551

Decreet

Decreet Mr William Wishart against Mr Charles Kay

Anent the petitione given in to the Lords of there majesties privie Councill be Mr William Wishart minister and the heretors and sessione of the paroch of South Leith with concourse of Mr George Meldrum moderator of the presbitry of Edinburgh and the other ministers deputed with him by the said presbitry Shewing That where The said minister Sessione and heretors of South Leith were and are most readie to Complye with and execute the saids Lords there proclamatione of the eleaventh of August last for the better mantenance of the poor yet both in that and in all other things that belong to there administratione They are greatly Impeded and dissabled my Mr Kay’s Kirk sessione who still pretending to be the Legall Sessione and altogether dissouneing the petitioners Keep up the poors box with all the mortificationes made for the poor of the said paroch As Lykewayes the books and registers of the Sessione with the haill utencilles of the church to the visible hynderance both of the poors provisione And Lykewayes of that care and oversight Incumbent to the petitioners over the church and paroch And sieing that notwithstanding The petitioners might plead themselves to be the only Legall Sessione And that certainly It tends greatly to the distractione of the paroch And the nourishing of dissaffectione and other disorders in the place That Mr Kay’s sessione should still continow to usurp and molest the petitioners as they doe yet the petitioners are very tender to raise and press any points or arguments that may occasione the least mistake, But that on the other hand These things are evident and uncontraverted First That the said Mr William Wishart is Lawfullie setled And by the saids Lords ouned to be minister of South Leith In place of the parsone of Rastalrigg who wes only the beneficed parsone in that paroch And that the other place which Mr Kay possesses is only the place and office of ane stipendiary who wes alwayes called the second minister Secondly That the second minister of South Leith now Mr Kay while Mr Wauch who wes parrsone there did never hold nor keep sessions But the sessione wes alwayes Called held and keept by the parsone In whose place Mr Wishart is And Thirdly That the petitioners are notourly the more Loyall sessione And have given prooffs of ther fidelity and readiness in ther majesties service By observing thanksgivings and fasts and doeing other things to promote there majesties Interest where these of Mr Kay’s sessione have Lyen by and neglected and in effect hyndered as the petitioners are readie to prove And Farder that the petitioners are content to give such other prooffs of there said Loyaltie as the saids Lords should think fitt to requyre of them which is ane offer that the petitioners have reasone to think Mr Kay’s session will aither not make or not performe So that it cannot but be the interest of the government alswell as of the good of the church That the petitioners should have the Keeping and administration of the poors Stock with all the other things above acclaimed And therefore Craveing that the saids Lords would be pleased In consideratione of the premises To ordaine the poors box with the haill forsaids mortificationes the wholl utencills of the church and the books and records and other wreitts belonging to the sessione of the paroch of South Leith to be delyvered to the petitioners as the sessione of the said paroch And that Mr Kayes sessione may no Longer offer to debarr and molest the petitioners in the premises And for that effect That Letters may be direct at the petitioners instance and with certificatione as effeirs And this petitione The said supplicants doe offer thus summarly to the saids Lords Because this effair hes been Long since tabled and is yet depending befor there Lordships As Mr Kay’s sessione doe frequently object to the petitioners and which doeth the more requyre there Lordships determinatione As the said petitione bears Which Petitione being upon the tuenty first of Februarij Instant read in the saids Lords there presence They ordained the said Mr Kay and his session to see and ansuer the same againest Thursday there after Conforme thereto The said Mr Kay and his sessione haveing taken up the said said2 petitione They gave in there ansuers thereto And the saids Lords of there majesties privie Councill haveing this day considered the forsaid petitione given in be the said Mr William Wishart and his Eldership in South Leith and ansuers thereto given in be Mr Kay and his sessione there and withall the act of the Lords of privie Councill daitted the tuenty sixth of Jully Jaj vjc nyntie tuo years whereby they recomend to the presbitry of Edinburgh to make use of there Jus devolution In setleing a first minister at the kirk of South Leith And It being reported that the presbitry wes resolved to use the same in this case did therefore therefore3 declare there satisfactione with the said resolution of the presbitry And there being a petitione given in to the Lords of privie Councill that day by the ministers and Elders of South Leith who subscryved the Call to Mr Gray4 Craveing that they might be declared the only sessione of the said Kirk The Councill Laid the same asyde And declared it to be Let fall as the said act of Councill bears As Lykewayes that the presbitry of Edinburgh have accordingly admitted the said Mr Wishart to be first minister there And that they have also Conforme to the act of parliament Jaj vjc nyntie years assumed the said Mr Wishart and his Eldership unto the government of the church And that Mr Kay and his Eldership are not assumed The Saids Lords of privie Councill Finds That (by vertue of the said act of parliament and act of Councill) Mr Wisharts call Eldership and sessione is the only Legall Eldership and sessione And therefore Decerns and ordaines Mr Kay’s sessione to delyver up to them the poors box with all rights of mortificatione and bonds granted to the sessione of South Leith with the registers of the said sessione and haill utencills of the said church That they may take the charge of them as the only legall kirk sessione of the said parochine of South Leith. And ordains Letters of horning on fyfteen dayes and others needfull to be direct hereon in forme as effeirs5

Att Edinburgh the Tuenty Eight day of Februarij Jaj vjc nynty three years

A1693/2/551

Decreet

Decreet Mr William Wishart against Mr Charles Kay

Anent the petitione given in to the Lords of there majesties privie Councill be Mr William Wishart minister and the heretors and sessione of the paroch of South Leith with concourse of Mr George Meldrum moderator of the presbitry of Edinburgh and the other ministers deputed with him by the said presbitry Shewing That where The said minister Sessione and heretors of South Leith were and are most readie to Complye with and execute the saids Lords there proclamatione of the eleaventh of August last for the better mantenance of the poor yet both in that and in all other things that belong to there administratione They are greatly Impeded and dissabled my Mr Kay’s Kirk sessione who still pretending to be the Legall Sessione and altogether dissouneing the petitioners Keep up the poors box with all the mortificationes made for the poor of the said paroch As Lykewayes the books and registers of the Sessione with the haill utencilles of the church to the visible hynderance both of the poors provisione And Lykewayes of that care and oversight Incumbent to the petitioners over the church and paroch And sieing that notwithstanding The petitioners might plead themselves to be the only Legall Sessione And that certainly It tends greatly to the distractione of the paroch And the nourishing of dissaffectione and other disorders in the place That Mr Kay’s sessione should still continow to usurp and molest the petitioners as they doe yet the petitioners are very tender to raise and press any points or arguments that may occasione the least mistake, But that on the other hand These things are evident and uncontraverted First That the said Mr William Wishart is Lawfullie setled And by the saids Lords ouned to be minister of South Leith In place of the parsone of Rastalrigg who wes only the beneficed parsone in that paroch And that the other place which Mr Kay possesses is only the place and office of ane stipendiary who wes alwayes called the second minister Secondly That the second minister of South Leith now Mr Kay while Mr Wauch who wes parrsone there did never hold nor keep sessions But the sessione wes alwayes Called held and keept by the parsone In whose place Mr Wishart is And Thirdly That the petitioners are notourly the more Loyall sessione And have given prooffs of ther fidelity and readiness in ther majesties service By observing thanksgivings and fasts and doeing other things to promote there majesties Interest where these of Mr Kay’s sessione have Lyen by and neglected and in effect hyndered as the petitioners are readie to prove And Farder that the petitioners are content to give such other prooffs of there said Loyaltie as the saids Lords should think fitt to requyre of them which is ane offer that the petitioners have reasone to think Mr Kay’s session will aither not make or not performe So that it cannot but be the interest of the government alswell as of the good of the church That the petitioners should have the Keeping and administration of the poors Stock with all the other things above acclaimed And therefore Craveing that the saids Lords would be pleased In consideratione of the premises To ordaine the poors box with the haill forsaids mortificationes the wholl utencills of the church and the books and records and other wreitts belonging to the sessione of the paroch of South Leith to be delyvered to the petitioners as the sessione of the said paroch And that Mr Kayes sessione may no Longer offer to debarr and molest the petitioners in the premises And for that effect That Letters may be direct at the petitioners instance and with certificatione as effeirs And this petitione The said supplicants doe offer thus summarly to the saids Lords Because this effair hes been Long since tabled and is yet depending befor there Lordships As Mr Kay’s sessione doe frequently object to the petitioners and which doeth the more requyre there Lordships determinatione As the said petitione bears Which Petitione being upon the tuenty first of Februarij Instant read in the saids Lords there presence They ordained the said Mr Kay and his session to see and ansuer the same againest Thursday there after Conforme thereto The said Mr Kay and his sessione haveing taken up the said said2 petitione They gave in there ansuers thereto And the saids Lords of there majesties privie Councill haveing this day considered the forsaid petitione given in be the said Mr William Wishart and his Eldership in South Leith and ansuers thereto given in be Mr Kay and his sessione there and withall the act of the Lords of privie Councill daitted the tuenty sixth of Jully Jaj vjc nyntie tuo years whereby they recomend to the presbitry of Edinburgh to make use of there Jus devolution In setleing a first minister at the kirk of South Leith And It being reported that the presbitry wes resolved to use the same in this case did therefore therefore3 declare there satisfactione with the said resolution of the presbitry And there being a petitione given in to the Lords of privie Councill that day by the ministers and Elders of South Leith who subscryved the Call to Mr Gray4 Craveing that they might be declared the only sessione of the said Kirk The Councill Laid the same asyde And declared it to be Let fall as the said act of Councill bears As Lykewayes that the presbitry of Edinburgh have accordingly admitted the said Mr Wishart to be first minister there And that they have also Conforme to the act of parliament Jaj vjc nyntie years assumed the said Mr Wishart and his Eldership unto the government of the church And that Mr Kay and his Eldership are not assumed The Saids Lords of privie Councill Finds That (by vertue of the said act of parliament and act of Councill) Mr Wisharts call Eldership and sessione is the only Legall Eldership and sessione And therefore Decerns and ordaines Mr Kay’s sessione to delyver up to them the poors box with all rights of mortificatione and bonds granted to the sessione of South Leith with the registers of the said sessione and haill utencills of the said church That they may take the charge of them as the only legall kirk sessione of the said parochine of South Leith. And ordains Letters of horning on fyfteen dayes and others needfull to be direct hereon in forme as effeirs5

1. PC1/48, 610-12.

2. Sic.

3. Sic.

4. Sic., should probably be ‘Kay’.

5. This sentence has been inserted between entries in smaller letters.

1. PC1/48, 610-12.

2. Sic.

3. Sic.

4. Sic., should probably be ‘Kay’.

5. This sentence has been inserted between entries in smaller letters.