Procedure, 25 January 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/201

Procedure

Remitt Mr Thomas Forrester Against The parishioners of St Androwes.

Anent the bill of suspension given in and presented to the Lords of their Majesties privy Councill be Thomas Beathun principall Tacksman of the lands and Estate of Dairsie and that part of Kincaple belonging belonging2 therto and John Barclay and […] Miller in Kincaple his Subtennents Robert Leuterne portioner of Kincaple and David Duncan, John Hersburgh, Margrat Fowller Margrat Dick and Jannet Ramsay his tenants in Kincaple, James Corstorphin in Nydie and Walter Buist ther his tennant Hellen and Elizabeth Geddies portioners of Newtoune of Nydie and George Fleyming their 3 ther tenant Shewing That quher the petitioners and their saids tenants are lately charged be vertue of letters of horning purchast by the saids Lords Deliverance at the instance of Mr Thomas Forrester minister at St Androwes To make payment to him as minister forsaid of the particular quantities and bolls of victuall respective aftermentioned viz the said John Barclay the number of six bolls of Wheat nyne bolls of bear and twentie one bolls of Oatts and the said […] Miller of the number of Four bolls of What six bolls of bear and Fourtein bolls of oats, Item the said David Duncan of the number of two bolls of Wheat thrie bolls of bear and seven bolls of oatts, And the said John Horsburgh of the like number of two bolls wheat thrie bolls bear and seven bolls oats, And the said Margrat Fowller of the like number of two bolls wheat thrie bolls bear and seven bolls oats and the said Margaret Dick of the number of Four bolls wheat six bolls bear and Fourtein bolls oatts and the said Jannet Ramsay of the number of two bolls wheat thrie bolls bear and seven bolls oaths and the said Walter Buist of the number of Four bolls wheat Eight bolls bear and Eightein bolls oats, and the said Thomas Fleyming of the number of six bolls bear and twelue bolls Oats for the cropt and year of god Jaj vjc nyntie thrie years last by past and that as ane part of the said charger his pretended Locall modified stipend alledged payable furth of the saids Lands posest be the petitioners for the said cropt and year of god Jaj vjc nyntie thrie years, And of the like quantities yearly in time comeing dureing his serving the cure at the said kirk Conforme to ane act alledged granted by the saids Lords in favors of the said charger of the date the twentie Eight of november last by past within one short space nixt after the charge Under the paine of rebellion etc and who for alledged Disobedience intends to cause Denunce the petitioners rebells and put them to the horne and poynd ther goods and geir most wrongeously and unjustly Considering It is of verity That the said pretended act (if any be) in favors of the said Charger is Impetrat and procured by him without any previous Citatione given to them and as may appear by the charges produced upon a misrepresentatione made be the charger or his debitors that the forsaid quantities of victuall charged for are ane part of the Locall modified stipend belonging to the charger as minister at St Androws Which is a gross Misrepresentatione and mistake of the matter of fact the samen never haveing pertained to him or any other minister of St Androwes qua tatis as ane part of the Locall modified stipend Bot being allwayes as is nottour, and as the Charger Cannot deny upon his oath ane part of the rent and dutie pertaineing and paybale by the petitioners and ther predecessors to the archdeane of St Androwes or to these haveing right therto as ane part of the patrimonie of the said archdeanrie But were never knowen to repute to be ane part of the Locall modified stipend payable to the minister of St Androwes, And the treuth is that the said Charger is otherwayes provyded to ane distinct and perhapes Competent modified stipend of Ten Chalders of victuall payable to him as minister forsaid out of the other Lands quherof he is in possessione besyde his Gleib and manse as he will not deny upon oath or if need bees shall be Otherwayes instructed to the saids Lords And Therfore seing as appears by the charges given to the petitioners and therwith produced bearing that the saids quantities of victuall are due and payable to the charger as ane part of his Locall modified stipend qua minister at St Androwes, The said act has been procured by the charger or his doers upon that mistake or misrepresentatione The petitioners cannot be in tuto to make payment of the said victuall to him without representing the true matter of fact to the saids Lords least by the saids 4 petitioners by ther Collusive taciturnitie might be made Lyable in double payment to any Collector or other persone who perhaps may heirafter get ane Commission to uplift, or gift of the rents of the Archdeanrie from their majesties Secundo By the late acts of parliament abollishing dignities in the Church above single ministers and presbyters The wholl amoluments titles rents and Casualities formerly belonging to Bishop archdeans and other late Dignitaries in the Church have accessed and doe now belong to the kings majestie and perhaps may requyre his majesties warrand or order to the Disposeing therupon and defacto since the abolutione of Episcopacy Alexander Hamilton of Kinkell by vertue of his Commission did intromitt with and uplift the forsaid quantities of victuall for severall years as ane part of the rent of the Arch-Deanrie of Standrowes, And if the former minister got any right to any part therof It is like the same has aither been upon misrepresentatione or mistake or else it was by ane express gift of ane part of the rents of the archdeanrie, and not as ane part of his Locall modified stipend, Which this charger by the Charges given to the petitioners and produced expressly asserts the samen to be Tertio It is humbly informed and represented that if the rent Emoluments and Casualties of the Archdeanrie of Standrowes now pertaineing to his majestie by the acts of abolutione should be allowed to pertaine to the minister as ane part of his Locall modified Stipend The samen with his other ordinar stipend properly belonging to the minister of St Androwes would extend yearly to above twentie five Chalders of victuall quherof ane great part Wheat and bear besyde Other Casualities belonging to the said late dignitarie which is farr beyond the ordinar stipend allowed to ministers And which the petitioners thought themselves oblidged to represent to the saids Lords Least they might be Looked upon as Colluders with the Charger in concealling the true matter of fact And Therupon Compelled to pay the saids duties over againe By all quhich the saids Lords might perceive that they have Just ground to look to their oun Securitie, and prevent the hazard of double payment though ther taciturnity or Colusione And Therfore the saids letters and Charges Ought to be Simplicitur Suspended, nevertheless for the more securitie They the saids principall tacksmen and heritors forsaid are Content to become Cautioners each of them for others and for the saids tennants That they shall make payment to the said Charger of the saids quantities of victuall Charged for incase It shall be found be the saids Lords that they ought to doe the same And Therfore the letters and Charges ought to be suspended etc. And Therfore Humbly Craveing the saids Lords to grant letters of suspensione at their instances for sumonding the said charger To Compeir before the saids Lords at ane Certaine day Bringing with him the forsaids letters and Charges and haill grounds and Warrands therof To have been seen and Considered be the saids Lords and to have heard and seen the samen haill effect and executione therof simplicitur suspended upon the said suspenders in all tyme therafter as the said bill of suspensione bears The Lords of their Majesties privy Councill given in to them be the above parishioners of St Androwes read in their presence They heirby Remit the same to the Lords of Exchequer to be Called and discussed before them and sists all executione upon the above Charge Untill the nynth day of February nixt inclusive And allow the Charger to see and answer the bill against the said day.

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/201

Procedure

Remitt Mr Thomas Forrester Against The parishioners of St Androwes.

Anent the bill of suspension given in and presented to the Lords of their Majesties privy Councill be Thomas Beathun principall Tacksman of the lands and Estate of Dairsie and that part of Kincaple belonging belonging2 therto and John Barclay and […] Miller in Kincaple his Subtennents Robert Leuterne portioner of Kincaple and David Duncan, John Hersburgh, Margrat Fowller Margrat Dick and Jannet Ramsay his tenants in Kincaple, James Corstorphin in Nydie and Walter Buist ther his tennant Hellen and Elizabeth Geddies portioners of Newtoune of Nydie and George Fleyming their 3 ther tenant Shewing That quher the petitioners and their saids tenants are lately charged be vertue of letters of horning purchast by the saids Lords Deliverance at the instance of Mr Thomas Forrester minister at St Androwes To make payment to him as minister forsaid of the particular quantities and bolls of victuall respective aftermentioned viz the said John Barclay the number of six bolls of Wheat nyne bolls of bear and twentie one bolls of Oatts and the said […] Miller of the number of Four bolls of What six bolls of bear and Fourtein bolls of oats, Item the said David Duncan of the number of two bolls of Wheat thrie bolls of bear and seven bolls of oatts, And the said John Horsburgh of the like number of two bolls wheat thrie bolls bear and seven bolls oats, And the said Margrat Fowller of the like number of two bolls wheat thrie bolls bear and seven bolls oats and the said Margaret Dick of the number of Four bolls wheat six bolls bear and Fourtein bolls oatts and the said Jannet Ramsay of the number of two bolls wheat thrie bolls bear and seven bolls oaths and the said Walter Buist of the number of Four bolls wheat Eight bolls bear and Eightein bolls oats, and the said Thomas Fleyming of the number of six bolls bear and twelue bolls Oats for the cropt and year of god Jaj vjc nyntie thrie years last by past and that as ane part of the said charger his pretended Locall modified stipend alledged payable furth of the saids Lands posest be the petitioners for the said cropt and year of god Jaj vjc nyntie thrie years, And of the like quantities yearly in time comeing dureing his serving the cure at the said kirk Conforme to ane act alledged granted by the saids Lords in favors of the said charger of the date the twentie Eight of november last by past within one short space nixt after the charge Under the paine of rebellion etc and who for alledged Disobedience intends to cause Denunce the petitioners rebells and put them to the horne and poynd ther goods and geir most wrongeously and unjustly Considering It is of verity That the said pretended act (if any be) in favors of the said Charger is Impetrat and procured by him without any previous Citatione given to them and as may appear by the charges produced upon a misrepresentatione made be the charger or his debitors that the forsaid quantities of victuall charged for are ane part of the Locall modified stipend belonging to the charger as minister at St Androws Which is a gross Misrepresentatione and mistake of the matter of fact the samen never haveing pertained to him or any other minister of St Androwes qua tatis as ane part of the Locall modified stipend Bot being allwayes as is nottour, and as the Charger Cannot deny upon his oath ane part of the rent and dutie pertaineing and paybale by the petitioners and ther predecessors to the archdeane of St Androwes or to these haveing right therto as ane part of the patrimonie of the said archdeanrie But were never knowen to repute to be ane part of the Locall modified stipend payable to the minister of St Androwes, And the treuth is that the said Charger is otherwayes provyded to ane distinct and perhapes Competent modified stipend of Ten Chalders of victuall payable to him as minister forsaid out of the other Lands quherof he is in possessione besyde his Gleib and manse as he will not deny upon oath or if need bees shall be Otherwayes instructed to the saids Lords And Therfore seing as appears by the charges given to the petitioners and therwith produced bearing that the saids quantities of victuall are due and payable to the charger as ane part of his Locall modified stipend qua minister at St Androwes, The said act has been procured by the charger or his doers upon that mistake or misrepresentatione The petitioners cannot be in tuto to make payment of the said victuall to him without representing the true matter of fact to the saids Lords least by the saids 4 petitioners by ther Collusive taciturnitie might be made Lyable in double payment to any Collector or other persone who perhaps may heirafter get ane Commission to uplift, or gift of the rents of the Archdeanrie from their majesties Secundo By the late acts of parliament abollishing dignities in the Church above single ministers and presbyters The wholl amoluments titles rents and Casualities formerly belonging to Bishop archdeans and other late Dignitaries in the Church have accessed and doe now belong to the kings majestie and perhaps may requyre his majesties warrand or order to the Disposeing therupon and defacto since the abolutione of Episcopacy Alexander Hamilton of Kinkell by vertue of his Commission did intromitt with and uplift the forsaid quantities of victuall for severall years as ane part of the rent of the Arch-Deanrie of Standrowes, And if the former minister got any right to any part therof It is like the same has aither been upon misrepresentatione or mistake or else it was by ane express gift of ane part of the rents of the archdeanrie, and not as ane part of his Locall modified stipend, Which this charger by the Charges given to the petitioners and produced expressly asserts the samen to be Tertio It is humbly informed and represented that if the rent Emoluments and Casualties of the Archdeanrie of Standrowes now pertaineing to his majestie by the acts of abolutione should be allowed to pertaine to the minister as ane part of his Locall modified Stipend The samen with his other ordinar stipend properly belonging to the minister of St Androwes would extend yearly to above twentie five Chalders of victuall quherof ane great part Wheat and bear besyde Other Casualities belonging to the said late dignitarie which is farr beyond the ordinar stipend allowed to ministers And which the petitioners thought themselves oblidged to represent to the saids Lords Least they might be Looked upon as Colluders with the Charger in concealling the true matter of fact And Therupon Compelled to pay the saids duties over againe By all quhich the saids Lords might perceive that they have Just ground to look to their oun Securitie, and prevent the hazard of double payment though ther taciturnity or Colusione And Therfore the saids letters and Charges Ought to be Simplicitur Suspended, nevertheless for the more securitie They the saids principall tacksmen and heritors forsaid are Content to become Cautioners each of them for others and for the saids tennants That they shall make payment to the said Charger of the saids quantities of victuall Charged for incase It shall be found be the saids Lords that they ought to doe the same And Therfore the letters and Charges ought to be suspended etc. And Therfore Humbly Craveing the saids Lords to grant letters of suspensione at their instances for sumonding the said charger To Compeir before the saids Lords at ane Certaine day Bringing with him the forsaids letters and Charges and haill grounds and Warrands therof To have been seen and Considered be the saids Lords and to have heard and seen the samen haill effect and executione therof simplicitur suspended upon the said suspenders in all tyme therafter as the said bill of suspensione bears The Lords of their Majesties privy Councill given in to them be the above parishioners of St Androwes read in their presence They heirby Remit the same to the Lords of Exchequer to be Called and discussed before them and sists all executione upon the above Charge Untill the nynth day of February nixt inclusive And allow the Charger to see and answer the bill against the said day.

1. NRS, PC2/24, 321v-323v.

2. Sic.

3. One illegible word scored out here.

4. The word ‘Lords’ scored out here.

1. NRS, PC2/24, 321v-323v.

2. Sic.

3. One illegible word scored out here.

4. The word ‘Lords’ scored out here.