Act, 28 December 1693, Edinburgh

Edinburgh the Twentie Eight day of November J^aj vj^c nyntie thrie years. Post meridiem

D1693/11/29

D1693/11/29¹

Decreet

Decreet Mistress Violat Against Cassingray.

Anent our Soveraigne Lord and Ladies letters of suspensione purchased and raised before the Lords of their Majesties privy Councill at the instance of Mr James Melvill of Cassingray suspender against Issobell Aird relict of the deceast Mr William Violet minister at Cambusnethen and late minister at the Ferriepartoncraig, To restore refound and make payment to the Charger of the stipend of the said kirk of Ferriepartoncraig for the cropt and year of god J^aj vj^c nyntie years, Extending the haill quantities of victuall and somnes of money mentioned in the principall letters to the number of thretie two bolls bear Thretie two bolls oats and ten bolls peise And the somne of ane Hundred and seventie one punds scots money Conforme to a pretended act and sentance pronunced be the Lords of privy Councill at the chargers instance against the suspenders upon the fourtein day of June J^aj vj^c nyntie two years within ane Certaine short space nixt after his charge under the paine of rebellione and puting of him to the horne intending for the said suspenders alledged Disobedience to cause denunce him rebell and put him therto most wrongeously and unjustly Considering It is of verity primo that the said Suspender hade uplifted the said vaccant stipend of the said kirk of Ferriepartoncraig long before any pretended right the said charger or her said deceast husband hade to the Samen And that the said Suspender hade uplifted and Suspended the samen by the Lords of thesaurers order, And Therfore cannot be holden to refound and restore the samen /2o/ albeit the said suspender were oblidged to restore the samen, yet ther is much more charged for then wes due and received of the said stipend The haill soume recewed of the samen Conforme to compt and reckoning Extending only to six hundreth twentie thrie punds five shilling scots money, And the necessar expences Extending to Eightie five punds Six shilling money forsaid being Deduced out of the said soume the Suspender is only Lyable for the soume of Five hundred thretie seven punds nyntein shilling money forsaid Wherby it may evidently appear to the Lords of privy Councill how wrongeously the said suspender is charged for the forsaid stypend allwayes for the more Obedience the said suspender has found suficient Cautione acted in the books of privy Councill for payment makeing to the said charger of the said stipend bolls of victuall and money charged for at such pryces for the said victuall as the saids Lords of privy Councill shall modifie incase it shall be found that the said suspender Ought so to doe In Respect therof the saids letters and charges Ought and should be suspended And Anent the charge given to the said Issobell Aird charger to have Compeired before the saids Lords at ane certaine day bygone Bringing with her the said act or Sentance of Councill To have been seen and Considered be the saids Lords, And to have heard and seen the samen simplicitor suspended upon the said suspender in time comeing for the reasones and causes forsaids as the principall letters and executiones therof more fully bears Which letters of Suspensione being called this day in presence of the saids Lords And the suspender Compeiring be Sir James Ogilvie advocat his procurator And the said Issobell Aird Charger Compeiring be Sir James Stewart ther Majesties advocat and Mr James Stewart advocat the procurators Who for instructing the ground of the charge produced in presence of the saids Lords the act of Councill charged on Wherby the Suspender is Decerned to refound to the charger the stipend of the said kirk of Ferrie² Partincraig for the said year J^aj vj^c nyntie of the date abovewritten with the letters of horning and acts theron quherin the stypend of the said kirk extends the quantities of victuall and soumes of money abovementioned in the forsaid suspensione, The Saids Lords of their Majesties privy Councill haveing Considered the reasones of Suspensione with the ground of the charge and haveing heard both parties advocats fully at the barr, They have Repelled and heirby Repells the reasones of suspensione and Finds the letters orderly proceided against the suspender for the Soumes of money and quantities of victuall charged for, And Ordaines letters of horning one fiftein dayes and others needfull to be direct heiron in forme as effeirs.