Procedure, 24 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Fourth day off March Jaj vjc and Nyntie tuo years

A1692/3/491

Procedure

Remitt Mr John Fraser for stipend

Anent the petition given in to the Lords of there majesties privie Councill be Mr John Fraser late preacher of the gospell at Hassenden Shewing That the petitioner by ane orderly call from the heretors and parochiners of the parochine of Hassenden did serve the Cure at the said church from September Jaj vjc Nyntie till September Jaj vjc and Nyntie one which Call wes ratifyed and approven by the presbitry of Jedburgh as the samen under the moderator and Clerks of the presbitries hands, Testifyeing lykewayes that the petitioner preached in the said pariochine for the space above wreitten produced with the said petition doeth bear By all which it is evident that the petitioner is founded in Law and equity as to the right of the stipend of the said pariochine of Hassenden Yet Notwithstanding thereof the Earle of Tarras did cause Mr Thomas Sheild minister in the presbitry of Selkirk to give in for the stipend of Hassenden for the year forsaid Notwithstanding of his being then in possessione of the stipend of Wiltoun parochine and of his haveing also access and right to ane other stipend of ane pariochine near Sanquhar from which he wes outted in the year year2 Jaj vjc and sixtie one In which petitione It wes most disingenuously represented that the said Mr Sheilds preached at the said paroch church of Hassenden the space above wreitten where upon the saids Lords were Induced to give Mr Sheilds the stipend of the said kirk for the year Jaj vjc Nyntie one Which the petitioner assures himself there Lordships Justice and goodness would not have done to his prejudice but upon the3 misrepresentationes above narrated which Mr Sheills disouned to the petitioner And when the same wes sought under his hand He refused the same Affirmeing that the wholl effair wes manadged by and at the disposeall of the Earle of Tarras which he cannot nor will deny when put to it And therefor Craveing that there Lordships would be pleased In respect of the orderly call of the heretors wreitten and approbatione of the said Call by the presbitry with there testificat declareing the petitioner to have preached at the said kirk dureing the space abovewreitten all produced with the said petitione which doeth evidently Instruct that the petitioner hes the only Just right to the Stipend of the said kirk for the Cropt Jaj vjc nyntie one to declare the act past in favours of the said Mr Thomas Sheilds upon the thretteinth day of August last bypast Giveing him right to the said stipend, Null and voyd And declare the petitioners right and title good thereto for the reasones and causes above sett doun At least grant warrand to Cite the said Mr Thomas Sheills befor there Lordships to hear and sie what is above narrated verifyed and proven and in the mean tyme to discharge any diligence at his instance against the heretors of the said pariochine As the said petitione bears The saids Lords of there majestyes privie Councill haveing Considered this petitione Given in to them be the above Mr John Fraser with the Call and Certificat mentioned therein and produced therewith They hereby remitt to the Judge ordinary to discuss the point of right Betuixt the petitioner and the above Mr Thomas Sheild Competing for the above stipend as accords of the Law

At Edinburgh 24 March 1692

A1692/3/491

Procedure

Remit: Mr John Fraser for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr John Fraser late preacher of the gospel at Hassendean showing that the petitioner by an orderly call from the heritors and parishioners of the parish of Hassendean did serve the cure at the said church from September 1690 till September 1691, which call was ratified and approved by the presbytery of Jedburgh as the same under the moderator’s and clerk of the presbytery’s hands, testifying likewise that the petitioner preached in the said parish for the space above written produced with the said petition does bear, by all which it is evident that the petitioner is founded in law and equity as to the right of the stipend of the said parish of Hassendean. Yet notwithstanding thereof, the earl of Tarras did cause Mr Thomas Shields minister in the presbytery of Selkirk to give in for the stipend of Hassendean for the year foresaid, notwithstanding of his being then in possession of the stipend of Wilton parish and of his having also access and right to another stipend of a parish near Sanquhar from which he was outed in the year 1661, in which petition it was most disingenuously represented that the said Mr Shields preached at the said parish church of Hassendean the space above written whereupon the said lords were induced to give Mr Shields the stipend of the said kirk for the year 1691, which the petitioner assures himself their lordships’ justice and goodness would not have done to his prejudice but upon the misrepresentations above narrated which Mr Shields disowned to the petitioner, and when the same was sought under his hand he refused the same, affirming that the whole affair was managed by and at the disposal of the earl of Tarras which he cannot nor will deny when put to it, and therefore craving that their lordships would be pleased in respect of the orderly call of the heritors written, and approbation of the said call by the presbytery with their certificate declaring the petitioner to have preached at the said kirk during the space above written all produced with the said petition which does evidently instruct that the petitioner has the only just right to the stipend of the said kirk for the crop 1691 to declare the act passed in favour of the said Mr Thomas Shields upon the thirteenth day of August last bypast giving him right to the said stipend, null and void, and declare the petitioner’s right and title good thereto for the reasons and causes above set down, at least grant warrant to cite the said Mr Thomas Shields before their lordships to hear and see what is above narrated verified and proved and in the meantime to discharge any diligence at his instance against the heritors of the said parish, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr John Fraser with the call and certificate mentioned therein and produced therewith, they hereby remit to the judge ordinary to discuss the point of right between the petitioner and the above Mr Thomas Sheilds competing for the above stipend as accords with the law.

1. PC1/48, 118-19.

2. Sic.

3. This word has been inserted above the line.

1. PC1/48, 118-19.