Scottish Privy Council Records

Att Edinburgh The Fifth day of January J^aj vj^c Nyntie two years¹

D1692/1/2²

Decreet

Decreet Mackenzie Against The viscount of Oxinfoord

Anent the bill of Suspension given in and presented to the Lords of his Majesties privy Councill Be the Viscount of Oxenfoord Mentioning That in the late act of Parliament Discharging kirk patronadges It being expressly Declaired that the Same should not prejudge the Patrones of their rights to Imploy the vaccand stipends on pious uses within their respective paroches, The petitioner Patron of the kirk of Cranston did thereupon gift the vaccand stipend of the said kirk for the last half year of the cropt J^aj vj^c Eightie nyne to Mr Robert Arbuthnot late minister ther a gentlman of good birth and exampler Lyfe, and who faithfully exercised the office of his ministrie in that Parrish for seven years And who has a great familly of Cheldreen and is in strait as to his condition and liveing, So as the petitioner could not have disposed upon the said vaccant Stipend on more pious and Charitable uses and have made payment to him of the petitioners proportion therof notwithstanding wherof and of his right of disposall of the said vaccant stipend to pious usses within the paroch the saids Lords upon ane applicatione made be Mr Bernard Mckenzie minister in the Sluss of Ross gifted to him the vaccand Stipends of the kirks of Cranstone and Aberlady for the half of the cropt and year J^aj vj^c Eightie nyne and half of the cropt of the year J^aj vj^c nyntie without calling or hearing the petitioner, wherupon the petitioner gave in ane bill of suspensione to the saids Lords upon thir grounds Primo be the forsaid act of Parliament the petitioner being Patron of the kirk of Cranston has the only ryt of Disposall of the vaccand stipend of the kirk of Cransone so that the samen could not be gifted be the saids Lords Secundo be the said act of Parliament the vaccand stipends are to be disposed for pious uses within the paroch which the petitioner hes accordingly done for the half of the year J^aj vj^c Eightie nyne upon the Considerationes forsaid and has made payment of his proportion therof before the gift granted be the saids Lords to the said Mr Bernard Mckenzie wheras the saids Lords gift to the said Mr Bernard Mckenzie is nowayes to pious uses within the paroch nor to a person who can anywayes pretend to it by any relation to the parish he never haveing preached nor exercised any part of his ministrie within the parish nor was he called therto be any of the parishoners nor was he ever so much as within the parish So that the gift granted be the saids Lords is not in the termes of the act of Parliament Viz to pious uses within the parish Tertio The said Mr Robert Arbuthnot served whill the fourth of september J^aj vj^c Eightie nyne and was not deposed till that tyme so that in law he hade right to the first half year of the J^aj vj^c Eightie nyne and haveing served within thrie weeks of Michellmiss that year which in law would have given him right to the haill years stipend and haveing procured other ministers to preach at the said kirk whill Lambes therafter The petitioner conceave that he haveing served so long himself and having supplyed the kirk by others so long therafter that in conscience and reasone the last half years stipend J^aj vj^c Eightie nyne was Justly due to him Quarto as to the vaccand stipend J^aj vj^c nyntie and in tyme comeing whill the kirk be legally setled the samen belongs to the petitioner as patron and is at his disposal for pious uses within the said parish which the petitioner is willing to doe in the termes of the act of Parliament which bill of suspensione without hearing of the petitioner or his procurators is refused as he was informed upon misrepresentatione that the petitioner Consented to the said Mr Bernard Mckenzies preferrence which truely he never did And Therfore Humbly Craveing the saids Lords to Consider the premises, and to grant suspension to the petitioner of the charge given at the said Mr Bernard Mckenzies instance against him and his tennents for payment of the said vaccant stipend Conforme to his gift from the saids Lords and if any scruple remained with the saids Lords theranent that then the saids Lords would be pleased to hear his procurators therupon and to appoynt a day for that effect That they might attend And in the mean tyme to Discharge any executione at the said Mr Bernard Mckinzies instance upon his gift as the said bill bears The Lords of ther Majesties Privy Councill Haveing Considered the above bill and reasones of suspensione given in to them be the above Viscount of Oxinfoord with the ansuers made therto be the above Mr Bernard Mckenzie charger They Refuse the Same And allowes the letters at the chargers instance to be put to farder executione.

At Edinburgh 5 January 1692¹

D1692/1/2²

Decreet

Decreet Mackenzie Against Viscount Oxenfoord

Concerning the bill of suspension given in and presented to the lords of his majesty’s privy council by [Robert Makgill] Viscount Oxenfoord mentioning that in the late act of parliament discharging kirk patronages it being expressly declared that the same should not prejudge the patrons of their rights to employ the vacant stipends on pious uses within their respective parishes, the petitioner patron of the kirk of Cranston did thereupon gift the vacant stipend of the said kirk for the last half year of the crop 1689 to Mr Robert Arbuthnot, late minister there a gentleman of good birth and exemplary life, and who faithfully exercised the office of his ministry in that parish for seven years, and who has a great family of children and is in straits as to his condition and living, so as the petitioner could not have disposed upon the said vacant stipend on more pious and charitable uses and have made payment to him of the petitioner’s proportion thereof notwithstanding whereof and of his right of disposal of the said vacant stipend to pious uses within the parish, the said lords upon an application made by Mr Bernard Mackenzie, minister in the Sluss of Ross, gifted to him the vacant stipends of the kirks of Cranston and Aberlady for the half of the crop and year 1689 and half of the crop of the year 1690 without calling or hearing the petitioner, whereupon the petitioner gave in a bill of suspension to the said lords upon these grounds; firsty, by the forsaid act of parliament the petitioner being patron of the kirk of Cranston has the only right of disposal of the vacant stipend of the kirk of Cranston so that the same could not be gifted by the said lords; secondly by the said act of parliament the vacant stipends are to be disposed for pious uses within the parish which the petitioner has accordingly done for the half of the year 1689 upon the considerations forsaid and has made payment of his proportion thereof before the gift granted by the said lords to the said Mr Bernard Mackenzie whereas the said lords’ gift to the said Mr Bernard Mackenzie is no way to pious uses within the parish, nor to a person who can anyway pretend to it by any relation to the parish he never having preached nor exercised any part of his ministry within the parish, nor was he called thereto by any of the parishioners nor was he ever so much as within the parish, so that the gift granted by the said lords is not in the terms of the act of parliament, namely to pious uses within the parish; thirdly the said Mr Robert Arbuthnot served until 4 September 1689, and was not deposed until that time, so that in law he had right to the first half year of the 1689, and having served within three weeks of Michaelmas that year which in law would have given him right to the whole year’s stipend and having procured other ministers to preach at the said kirk until Lambas thereafter, the petitioner conceived that he having served so long himself and having supplied the kirk by others so long thereafter that in conscience and reason the last half year’s stipend 1689 was justly due to him; fourthly as to the vacant stipend 1690 and in time coming until the kirk is legally settled the same belongs to the petitioner as patron, and is at his disposal for pious uses within the said parish, which the petitioner is willing to do in the terms of the act of parliament, which bill of suspension without hearing of the petitioner or his procurators is refused as he was informed upon misrepresentation that the petitioner consented to the said Mr Bernard Mackenzie’s preference which truly he never did, and therefore humbly craving the said lords to consider the premises, and to grant suspension to the petitioner of the charge given at the said Mr Bernard Mackenzie’s instance against him and his tenants for payment of the said vacant stipend conforming to his gift from the said lords and if any scruple remained with the said lords there concerning that then the said lords would be pleased to hear his procurators thereupon and to appoint a day for that effect that they might attend, and in the meantime to discharge any execution at the said Mr Bernard Mackenzie’s instance upon his gift, as the said bill bears. The lords of their majesty’s privy council having considered the above bill and reasons of suspension given in to them by the above Viscount of Oxenfoord, with the answers made thereto by the above Mr Bernard Mackenzie charger, they refuse the same and allow the letters at the charger’s instance to be put to further execution.

1. NRS, PC2/24, 2r.

2. NRS, PC2/24, 2r-3r.