Decreet, 3 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh The Third Day off March Jaj vjc and Nyntie tuo years

A1692/3/101

Decreet

Decreet Mr Robert Skene against Heretors of Dunsyre for Stipend

Anent the bill of suspension given in to the Lords of there Majestyes privie Counsell be George Lockhart of Carnwath and Sir John Lockhart of Castlehill his tutor for his interest Christopher Bailzie of Walstoun and George Baillie of Muirhousehall for themselves and in name and behalf of the heretors and others Lyable in payment of the stipend of Dunsyre Mentioning That where they are lately Charged at the instance of Mr Anthony Murray Minister lately at Dunsyre and Mr Robert Skene late Incumbent of the said paroch of Dunsyre To make payment to each of them of the equall half of the stipend of the said paroch for the Cropt and year Jaj vjc and Nyntie one Conforme to there severall acts of Counsell recovered befor the saids Lords there anent within ane Certain Short space next after the Charge under the pain of rebellion and putting of the saids suspenders to the horne who for alleadged dissobedience Intends to Cause denunce them thereto and poynd there goods therefore most wrongously and unjustly Considering It is of verity that the forsaid act is most Clandestinely Stollen throw againest the saids suspenders without Citeing of them or Intimatione made to them who were the only persones concerned and Lyable in payment of the said stipend Whereas if the saids suspenders hade been called or ordained to see the petitiones given in be the saids chargers They would have alleadged Likeas they now alleadge That no such act or sentence could have been given againest the saids suspenders in the said matter Primo Because by the Lawes and practique of this Kingdome Manses dureing the Incumbencie of ministers ought to be upheld in sufficient repair and conditione by the Incumbent and Left so at the tyme of there removeall by death or transportation And dureing the vacancie Manses are to be keept up and Mantained out of vacant stipends And by the eighteinth act of parliament Jaj vjc and Eightie fyve And by the tuentie eight act of parliament Jaj vjc and Nyntie vacant stipends are expressly destinatt and appointed for reparatione of kirks with certificatione against patrones (In case the same be not accordingly applyed) In maner therein mentioned And Mr Anthonie Murray haveing been Incumbent for some years bypast And the Kirk vacant for ane half year since whitsonday last And there being a Call given to ane other minister which can take no effect till the Kirk and Manse which are ruinous be sufficiently repaired The saids acts and all executione thereon ought to be suspended And the acts burdened with the reparatione of the saids manse and kirk According to the Institutione of the presbitrie And that the paroch may not Longer be depryved of the ministrie and ordinances That the cause may be remitted to tuo of the saids Lords there Number to be summarly discussed on the bill Whereby the saids Lords may perceave etc Nevertheless for obedience etc And therefore etc And therefore beseeching the saids Lords for Letters direct to Messengers to Charge the saids Mr Anthony Murray and Mr Robert Skein personallie etc To Compear etc Bringing with them etc To be seen and Considered etc And to hear and see the samen suspended etc and in the mean tyme to suspend and discharge etc in Communij forma As the said bill of suspensione bears The saids Lords of there Majestyes privie Counsell haveing considered the above bill and reasones of suspension given in to them be the heretors of Dunsyre againest the Mr Anthony Murray and Mr Robert Skein They Refuse the same In so farr as it concernes the said Mr Robert Skein And allowes him to goe on in diligence upon the act of Counsell in his favours for the stipend of the above kirk of Dunsyre the Last half of the year Jaj vjc and Nyntie one

At Edinburgh 3 March 1692

A1692/3/101

Decreet

Decreet for Mr Robert Skene against heritors of Dunsyre for Stipend

Concerning the bill of suspension given in to the lords of their majesties’ privy council by George Lockhart of Carnwath and Sir John Lockhart of Castlehill his tutor for his interest, Christopher Baillie of Walstoun and George Baillie of Muirhousehall for themselves and in name and behalf of the heritors and others liable in payment of the stipend of Dunsyre, mentioning that where they are lately charged at the instance of Mr Anthony Murray minister lately at Dunsyre and Mr Robert Skene late incumbent of the said parish of Dunsyre to make payment to each of them of the equal half of the stipend of the said parish for the crop and year 1691, according to their several acts of council recovered before the said lords concerning the same within a certain short space next after the charge under the pain of rebellion and putting of the said suspenders to the horn, who for alleged disobedience intend to cause denounce them thereto and poind their goods therefor most wrongfully and unjustly, considering it is of verity that the foresaid act is most clandestinely stolen through against the said suspenders without citing of them or intimation made to them who were the only persons concerned and liable in payment of the said stipend, whereas if the said suspenders had been called or ordained to see the petitions given in by the said chargers, they would have alleged, as they now allege, that no such act or sentence could have been given against the said suspenders in the said matter: First because by the laws and custom of this kingdom, manses during the incumbency of ministers ought to be upheld in sufficient repair and condition by the incumbent and left so at the time of their removal by death or transportation, and during the vacancy, manses are to be kept up and maintained out of vacant stipends and by the eighteenth act of parliament 1685, and by the twenty-eighth act of parliament 1690 vacant stipends are expressly appointed for repair of kirks with certification against patrons (in case the same be not accordingly applied) in manner therein mentioned, and Mr Anthony Murray having been incumbent for some years bypast and the kirk vacant for half a year since Whitsun last and there being a call given to another minister which can take no effect till the kirk and manse which are ruinous be sufficiently repaired, so the said acts and all execution thereupon ought to be suspended and the acts burdened with the repair of the said manse and kirk according to the institution of the presbytery. And so that the parish may no longer be deprived of the ministry and ordinances, that the cause may be remitted to two of the said lords to be summarily discussed on the bill, whereby the said lords may perceive etc. Nevertheless, for obedience etc and therefore etc and therefore beseeching the said lords for letters direct to messengers to charge the said Mr Anthony Murray and Mr Robert Skene personally etc to appear etc, bringing with them etc to be seen and considered etc and to hear and see the same suspended etc and in the meantime to suspend and discharge etc in common form as the said bill of suspension bears. The said lords of their majesties’ privy council having considered the above bill and reasons of suspension given in to them by the heritors of Dunsyre against the said Mr Anthony Murray and Mr Robert Skene, they refuse the same in so far as it concerns the said Mr Robert Skene and allow him to go on in diligence upon the act of council in his favour for the stipend of the above kirk of Dunsyre for the last half of the year 1691.

1. PC1/48, 91-2.

1. PC1/48, 91-2.