Tag Archives: 11 February 1692

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

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Act

Act Mr Alexander Burnet for stipend

Anent the petitione Given in to the Lords of there Majestyes privie Counsell be Mr Alexander Burnet Late Minister of Crossmichaell within the presbitry of Kirkcudbright Shewing That whereas the petitioner wes most unjustly and Illegally violented from the exercise of his ministrie at the said paroch and thrust from his house and duelling And he and his poor familie necessitat to come to Edinburgh And the petitioner haveing been thus Compelled to desert his charge and that without any sentence as yet obtained againest him of any Judicatorie aither civill or ecclesiastick There will be thereby tuo years stipend of the said Church vacant viz From Mertinmess Jaj vjc Eighty Nyne till Mertinmess last bypast Dureing all which tyme None did serve the Cure at the said Church (The present Incumbent haveing entered since Michaellmess Last) And therefore can pretend no Interest in the said vacant stipend And albeit the heretors of the said paroch have made there address to the saids Lords of privie Counsell Craveing the vacand stipend of the year Jaj vjc and Nyntie may be allowed them for expenses and Charges they have been at in repairing of thesaid church whereas it is verie well knowen to there Lordships That by the Lawes and acts of parliament of this Natione all heretors are obleidged to maintaine and repair the fabrick of there respective paroche Churches And therefor can by no Shaddow of Law can repetitione of what by Law they were oblidged to expend or compensatione where no debt is oweing to them And as for charity It is hoped by the petitioner They nether nead nor plead the same as he himself is now necessitat to doe In respect he is unjustly thrust from his Liveing as said is And sieing the right of patronadge of the said kirk and by Consequence the disposeall of the said stipend is fallen Into there Majestyes hands be vertue of ane act abolishing Episcopacie The Bishop of Edinburgh haveing been formerly patrone thereof And therefore Craveing That the saids Lords would be pleased to ordaine all heretors and others Lyable to make payment to the petitioner of the saids tuo years vacand stipend And that Notwithstanding of any pretence they can have in detaining the same in there hands for there obleidged reparationes of the said Church Especially sieing If neid were It could be made appear to the saids Lords That the expenses of the said reparationes will not amount to Ane half of ane years stipend acclaimed As the said petitione bears The Saids Lords of there Majestyes privie Counsell haveing considered the petitione Given in to them be the above Mr Alexander Burnet They hereby allow to the petitioner the stipend of the above kirk of Crossmichaell for the first half of the Cropt and year of God Jaj vjc and Nyntie And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters Lyfrenters and others Lyable in payment of2 the said stipend for the said half year And ordaines Letters of horning to be direct hereon at the petitioners Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaid Lyable in payment of the said stipend To make payment thereof to the petitioner for the said half year According as they shall be decerned be the Judge ordinary

At Edinburgh 11 February 1692

A1692/2/581

Act

Act Mr Alexander Burnet for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr Alexander Burnet, late minister of Crossmichael within the presbytery of Kirkcudbright, showing that whereas the petitioner was most unjustly and illegally violented from the exercise of his ministry at the said parish and thrust from his house and dwelling and he and his poor family necessitated to come to Edinburgh, and the petitioner having been thus compelled to desert his charge and that without any sentence as yet obtained against him of any judicatory either civil or ecclesiastical, there will be thereby two years’ stipend of the said church vacant viz from Martinmas 1689 till Martinmas last bypast. During all which time none did serve the cure at the said church (the present incumbent having entered since Michaelmas last) and therefore can pretend no interest in the said vacant stipend. And albeit the heritors of the said parish have made their address to the said lords of privy council craving the vacant stipend of the year 1690 may be allowed them for expenses and charges they have been at in repairing of the said church, whereas it is very well known to their lordships that by the laws and acts of parliament of this nation all heritors are obliged to maintain and repair the fabric of their respective parish churches and therefore by no shadow of law can repetition of what by law they were obliged to expend or compensation where no debt is owing to them [be claimed], and as for charity it is hoped by the petitioner they neither need nor plead the same as he himself is now necessitated to do in respect he is unjustly thrust from his living as said is, and seeing the right of patronage of the said kirk and by consequence the disposal of the said stipend is fallen into their majesties’ hands be virtue of an act abolishing episcopacy, the bishop of Edinburgh having been formerly patron thereof, and therefore craving that the said lords would be pleased to ordain all heritors and others liable to make payment to the petitioner of the said two years’ vacant stipend and that notwithstanding of any pretence they can have in detaining the same in their hands for their obliged repairs of the said church especially seeing if need were it could be made appear to the said lords that the expenses of the said repairs will not amount to one half of one year’s stipend acclaimed as the said petition bears. The said lords of their majesties’ privy council having considered the petition given in to them by the above Mr Alexander Burnet, they hereby allow to the petitioner the stipend of the above kirk of Crossmichael for the first half of the crop and year of 1690, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, liferenters, and others liable in payment of the said stipend for the said half year. And ordain letters of horning to be directed hereon at the petitioner’s instance against them for that effect, he producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the petitioner for the said half year according as they shall be discerned by the judge ordinary.

1. PC1/48, 39-40.

2. Written as ‘therof’ but ‘ther’ has been scored out.

1. PC1/48, 39-40.

2. Written as ‘therof’ but ‘ther’ has been scored out.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

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Act

Act Mr George Barclay for stipend

Anent the petitione Given in to the Lords of there Majestyes privie Counsell be Mr George Barclay late minister at Sproustoun Shewing That where the Supplicant haveing been Minister at the said paroch for some three years preceeding September Jaj vjc and Eightie Nyne The half of the years stipend For which the petitioner had served (excepting few dayes wes Claimed by the Colledge of Glasgow as vaicant) And accordingly fell into there hands And quoad the year Jaj vjc and Nyntie one The Church hes been planted But wes vaicant for the Intire year Jaj vjc and Nyntie And sieing by the Late act of parliament vacand stipends are at the disposeall of the patrone being a protestant And that the Earle of Roxburgh his Lordships Curators upon the Consideration of the foregoing reasones And with regaird to the petitioner his peaceable behaviour under the present government And to the exigence of the petitioners present Circumstance And that of his family through his being depryved of his benefice these several years bygone Will and doe Concurre in this address and applicatione to there Lordships for a confirmatione of there gift (which is presented with the said petitione) to the said petitioner of the said vacant stipend And therefore Craveing the effect underwreitten As the said petitione bears The saids Lords of there Majestyes privie Counsell having Considered this petitione Giveing them be the above Mr George Barclay with the Consent of the Earle of Roxburgh patron of the above kirk of Sproustoun and his Curators Giveing stipend of the said kirk for the Cropt Jaj vjc and Nyntie to the petitioner They hereby allow to the petitioner the stipend of the said kirk of Sproustoun for the haill cropt and year of God Jaj vjc and Nyntie And ordaines him to be readily ansuered obeyed and payed thereof be the Heretors fewers wodsetters Lyfrenters fermorers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said stipend for the said year Jaj vjc and Nyntie And ordaines Letters of horning to be direct hereon at the petitioners instance Againest them for that effect He produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaids Lyable in payment thereof to the petitioner for the forsaid year according as they shall be decerned be the Judge ordinary

At Edinburgh 11 February 1692

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Act

Act Mr George Barclay for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr George Barclay, late minister at Sprouston, showing that where the supplicant having been minister at the said parish for some three years preceding September 1689 the half of the year’s stipend for which the petitioner had served (excepting few days [that] was claimed by the college of Glasgow as vacant) and accordingly fell into their hands, and since the year 1691 the church has been planted but was vacant for the entire year 1690, and seeing by the late act of parliament vacant stipends are at the disposal of the patron being a Protestant, and that [Robert Ker] the earl of Roxburghe his lordship’s curators upon the consideration of the foregoing reasons and with regard to the petitioner his peaceable behaviour under the present government and to the exigence of the petitioner’s present circumstance and that of his family through his being deprived of his benefice these several years bygone, will and do concur in this address and application to their lordships for a confirmation of their gift (which is presented with the said petition) to the said petitioner of the said vacant stipend, and therefore craving the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered this petition given them by the above Mr George Barclay with the consent of the earl of Roxburghe, patron of the above kirk of Sprouston and his curators, giving stipend of the said kirk for the crop 1690 to the petitioner, they hereby allow to the petitioner the stipend of the said kirk of Sprouston for the whole crop and year of God 1690, and ordain him to be readily answered, obeyed, and paid thereof be the heritors, feuers, wadsetters, liferenters, fermerers, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the said stipend for the said 1690, and ordain letters of horning to be directed hereon at the petitioner’s instance against them for that effect, he producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment thereof to the petitioner for the foresaid year according as they shall be discerned by the judge ordinary.

1. PC1/48, 38-9.

1. PC1/48, 38-9.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

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Act

Act Mr Alexander Williamson for stipend

Anent the petition Given in to the Lords of there Majestyes privie Counsell be Mr Alexander Williamson Late Minister at Tullieallan Shewing That where by ane act of parliament in anno Jaj vjc and Nyntie years all the presbiterian Ministers that hade been outted in Anno Jaj vjc and Sixtie tuo were thereby restored to there Charges, Amongst whom the petitioners Church wes one wherein Mr John Forrest wes then minister And the petitioner haveing served the Cure for the wholl year Jaj vjc and Eightie Nyne The act of parliament did allow his predicessor the one half of that year for which the petitioner served And now Sieing Mr John Forest is now with his oune Consent transported to the Church of Falkland And wes Installed in that Charge preceeding whitsonday Last By which the Kirk of Tullieallan is vacant and the stipend thereof for the year Jaj vjc and Nyntie on At Least the half thereof is incontraverted And that the petitioner wes debarred for the half years stipend wherein he served the Cure in anno Jaj vjc and Eightie Nyne by the act of parlaiment It is humbly craved from there Lordships Justice that they will allow the petitioner the half years vacant stipend due by the patrone and heretors who will not contravert the petitioners right thereto As the patrones consent produced with the said petition hes testifyed And therefore Craving to the effect underwreitten As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petitione Given in to them be the above Mr Alexander Williamsone with the Consent mentioned therein and produced therewith They hereby allow to the petitioner the stipend of the above kirk of Tullieallane for the last half of the Cropt and year of God Jaj vjc Nyntie one And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters Lyfrenters fermerers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said stipend for the said half year And ordaines Letters of horning to be direct hereon at the petitioners Instance Againest them for that effect He produceing adecreet of Locality And in case there be non Ordaines the heretors and others forsaids Lyable in payment of the said stipend To make payment thereof to the petitioner for the said half year According as shall be decerned by the Judge ordinary

At Edinburgh 11 February 1692

A1692/2/561

Act

Act Mr Alexander Williamson for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr Alexander Williamson, late Minister at Tulliallan, showing that where by an act of parliament in 1690 all the Presbyterian ministers that had been outed in 1662 were thereby restored to their charges, amongst whom the petitioner’s church was one wherein Mr John Forest was then minister, and the petitioner having served the cure for the whole year 1689, the act of parliament did allow his predecessor the one half of that year for which the petitioner served. And now seeing Mr John Forest is now with his own consent transported to the church of Falkland and was installed in that Charge preceding Whitsunday last, by which the kirk of Tulliallan is vacant and the stipend thereof for the year 1691 at least the half thereof is uncontroverted and that the petitioner was debarred for the half year’s stipend wherein he served the cure in 1689 by the act of parliament. It is humbly craved from their lordships’ justice that they will allow the petitioner the half year’s vacant stipend due by the patron and heritors who will not controvert the petitioner’s right thereto as the patron’s consent produced with the said petition has testified, and therefore craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them be the above Mr Alexander Williamson, with the consent mentioned therein and produced therewith, they hereby allow to the petitioner the stipend of the above kirk of Tulliallan for the last half of the crop and year of God 1691, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, liferenters, fermerers, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the said stipend for the said half year. And ordains letters of horning to be directed hereon at the petitioner’s instance against them for that effect, e producing a decreet of locality. And in case there be none, ordains the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the petitioner for the said half year according as shall be discerned by the judge ordinary.

1. PC1/48, 37-8.

1. PC1/48, 37-8.

Order, 11 February 1692, Edinburgh

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A1692/2/551

Order

Order to the Magistrats of Innerkeithing to advance money to seamen volunteers

The Lords of there Majestyes privie Counsell Informed that there are severall seamen in or about the toun of Innerkeithing willing to engage in there Majestyes service If some money were presently advanced to them in hand for supplyeing there necessityes Therefore the saids Lords doe hereby authorize and requyre the Magistrats of Innerkeithing Instantly to delyver to each seaman within there bounds who shall voluntarly offer and List themselves for there Majestyes service the Soume of Tuenty shillings sterling in hand And the saids Lords declares that the same shall be repayed to the saids magistrats for repayment thereof allowes them to retain the same out of Fourty shillings sterling of Levie money which shall be put into the hands for each seaman who voluntarly offers and Lists himself as said is And appoints the saids magistrats to take sufficient surety from the seamen to whom they shall advance the said tuenty shillings sterling That these seamen shall be in readines to Imbarqe at Leith for there majestyes service how soon and whensoever they shall be Called for

At Edinburgh 11 February 1692

A1692/2/551

Order

Order to the magistrates of Invernkeithing to advance money to seamen volunteers

The lords of their majesties’ privy council [being] informed that there are several seamen in or about the town of Inverkeithing willing to engage in their majesties’ service if some money were presently advanced to them in hand for supplying their necessities, therefore the said lords do hereby authorise and require the magistrates of Inverkeithing instantly to deliver to each seaman within their bounds who shall voluntarily offer and list themselves for their majesties’ service the sum of twenty shillings Sterling in hand. And the said lords declare that the same shall be repaid to the said magistrates, for repayment thereof allow them to retain the same out of forty shillings Sterling of levy money which shall be put into the hands for each seaman who voluntarily offers and lists himself as said is. And appoint the said magistrates to take sufficient surety from the seamen to whom they shall advance the said twenty shillings Sterling that these seamen shall be in readiness to embark at Leith for their majesties’ service how soon and whensoever they shall be called for.

1. PC1/48, 36-7.

1. PC1/48, 36-7.

Procedure, 11 February 1692, Edinburgh

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Procedure

Comittee Royall burroughs anent Linen cloath

The Lords of there Majestyes privie Counsell hes heard ane petitione Given in to them be the Royall Burroughs read in there presence They hereby Nominate and Appoint the Lord Polwarth Sir John Lauder of Fountainhall one of the Senators of the Colledge of Justice, The Laird of Brodie and Sir Archibald Mure of Thorntoun Lord proveist of Edinburgh or any three of them to be a Comittee for Considering said petitione and subject matter thereof with the acts of parliament whereto the samen relates And recomends them to report there opinione of the said matter to the saids Lords privie Counsell at there next dyet of meeting

At Edinburgh 11 February 1692

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Procedure

Committee royal burghs concerning linen cloth

The lords of their majesties’ privy council have heard a petition given in to them by the royal burghs read in their presence. They hereby nominate and appoint the [Sir Patrick Hume] Lord Polwarth, Sir John Lauder of Fountainhall, one of the senators of the college of justice, [James Brodie] the laird of Brodie and Sir Archibald Mure of Thornton, lord provost of Edinburgh or any three of them to be a committee for considering [the] said petition and subject matter thereof with the acts of parliament whereto the same relate, and recommends them to report their opinion of the said matter to the said lords [of] privy council at their next diet of meeting.

1. PC1/48, 36.

1. PC1/48, 36.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/531

Act

Act Mr James Kirk for stipend

Petition Mr James Kirk for the stipend of Balmaghie read and granted He finding Cautione to repair the manse out of the stypend thereof, This Recalled by Interloquitor of the tuenty fyft Instant And disposed as in that dayes minutes

At Edinburgh 11 February 1692

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Act

Act Mr James Kirk for stipend

Petition Mr James Kirk for the stipend of Balmaghie read and granted, he finding caution to repair the manse out of the stipend thereof. This recalled by interlocutor of the twenty fifth instant and disposed as in that day’s minutes.

1. PC1/48, 36.

1. PC1/48, 36.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/521

Act

Act James Mathieson

Petitione James Mathesone prisoner in the same maner (with the above Walter Robert) in the Canongate tolbooth Compleaning upon Leivetenant Pearsone Read And allowes Pearsone to see and ansuer And discharges Matheson to be set firth of the said tolbooth till farder order

At Edinburgh 11 February 1692

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Act

Act James Mathieson

Petition James Matheson prisoner in the same manner (with the above Walter Robert) in the Canongate tolbooth, complaining upon Lieutenant Pearson read, and allow Pearson to see and answer, and discharge Matheson to be set forth of the said tolbooth till further order.

1. PC1/48, 36.

1. PC1/48, 36.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/511

Act

Act Walter Robert

Petitione Walter Robert forced out of his bed to the prisone of Blackness as a souldier for Flanders without any consent or engadgement Read and allowes Captain Hamiltone of Grainge upon whom this Complaint is Given in to see and ansuer the samen againest the next Counsell day And in the mean tyme discharges the Governor and other officers in the castle of Blackness to delyver the prisoner to Captain Hamilton or any others till farder order of Counsell

At Edinburgh 11 February 1692

A1692/2/511

Act

Act Walter Robert

Petition Walter Robert forced out of his bed to the prison of Blackness as a soldier for Flanders without any consent or engagement read, and allows Captain [John] Hamilton of Grange, upon whom this complaint is given in, to see and answer the same against the next council day. And in the meantime discharge the governor and other officers in the castle of Blackness to deliver the prisoner to Captain Hamilton or any others till further order of council.

1. PC1/48, 35-6.

1. PC1/48, 35-6.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/501

Act

Act Mr Alexander Forbes2 for stipend

Anent the petition Given in to the Lords of there Majesties privie Counsell be James Brodie of that ilk and remanent heretors of the parochin of Dyck in the shyre of Elgin Shewing That whereas by diverse acts of parliament and Lawes of this kingdom The vacand stipends are to be Imployed on pious uses within the respective parochines by the patrones And that by decreet of the Lords of privie Counsell in the year Jaj vjc and Eighty Nyne againest mr William Falconar then Incumbent at Dyck The said church of Dyck wes declared vacant throw the said William his not Complyeing with the Lawes and ordinances of the Civill Government The petitioners therefor did in October Jaj vjc and nyntie fic there Call on Mr Alexander Forbes Late minister at Stewartoun a persone of pietie moderation and Learning to be there Minister for Supplyeing the said vacancie who by order of the Last Generall assembly did undertake a tedious Journey of above Eight score myles and Came and preached and performed the other partes of ministeriall function amongst the said petitioners to there great satisfactione Likeas therefter the said Mr Alexander for clearing of the Competitione betuixt the petitioner and the pariochine of Stewartoun hath been at much vexatione3 and charges in attending the orders of all the Church Judicatoryes in the kingdom untill this Generall assembly approveing the acts of the Inferior judicatories hath ordained him to be furthwith transplanted to Dyck And sieing his sacred majestie is undoubted patrone of the said kirk of Dyck throw the forfaulture of the Late Earl of Dumfermling And that the vacant stipend for the year Jaj vjc and Nyntie one years Cannot be more piously Imployed then for the said Mr Alexander his charges abovementioned And the great expenses he must undergoe in transporting himself wyfe and children and familie near tuo hundreth myles to there said pariochine of Dyck And therefor Craveing to the effect underwreitten As the said petitione bears The said Lords of there Majestyes privie Counsell Haveing considered this petition Given in to them be the above Laird of Brodie and others heretors of the paroch of Dyck They hereby allow to the above Mr Alexander Forbes the stipend of the above kirk of Dyck for the haill cropt and year of God Jaj vjc and Nynty one years And ordaines him to be readiely ansuered obeyed and payed thereof and of the stipend of the said kirk yearly and termly in tyme comeing dureing his Incumbencie be the heretors fewers wodsetters Lyfrenters fermerers titulars tacksmen of teynds tennents possesssors and others Lyable in payment of the said stipend for the said year and yearly and termly in tyme comeing dureing his Incumbencie as said is And ordaines Letters of horning to be direct hereon at the Instance of the said Mr Alexander Forbes for that effect He alwayes produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaids Lyable in payment of the said stipend to make payment thereof to the said Mr Forbes for the space above mentioned according as they shall be decerned be the Judge ordinarie

At Edinburgh 11 February 1692

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Act

Act Mr Alexander Forbes for stipend

Concerning the petition given in to the lords of their majesties’ privy council by James Brodie of that Ilk and remanent heritors of the parish of Dyck in the shire of Elgin, showing that whereas by diverse acts of parliament and laws of this kingdom the vacant stipends are to be employed on pious uses within the respective parishes by the patrons, and that by decreet of the lords of privy council in the year 1689 against Mr William Falconer, then incumbent at Dyck, the said church of Dyck was declared vacant through the said William his not complying with the laws and ordinances of the civil government, the petitioners therefore did in October 1690 fix their call on Mr Alexander Forbes, late minister at Stewarton, a person of piety, moderation, and learning to be their minister for supplying the said vacancy, who by order of the last general assembly did undertake a tedious journey of above eight score miles and came and preached and performed the other partes of ministerial function amongst the said petitioners to their great satisfaction. Like as thereafter the said Mr Alexander for clearing of the competition between the petitioner and the parish of Stewarton has been at much vexation and charges in attending the orders of all the Church judicatories in the kingdom until this general assembly approving the acts of the inferior judicatories has ordained him to be forthwith transplanted to Dyck. And seeing his sacred majesty is undoubted patron of the said kirk of Dyck through the forfeiture of the late earl of Dunfermline, and that the vacant stipend for the year 1691 cannot be more piously employed then for the said Mr Alexander his charges abovementioned and the great expenses he must undergo in transporting himself, wife, and children and family near two hundred miles to their said parish of Dyck, and therefore craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above laird of Brody and others heritors of the parish of Dyck, they hereby allow to the above Mr Alexander Forbes the stipend of the above kirk of Dyck for the whole crop and year of God 1691, and ordain him to be readily answered, obeyed, and paid thereof and of the stipend of the said kirk yearly and termly in time coming during his incumbency by the heritors, feuers, wadsetters, liferenters, fermerers, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the said stipend for the said year and yearly and termly in time coming during his incumbency as said is, and ordain letters of horning to be directed hereon at the instance of the said Mr Alexander Forbes for that effect, he always producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the said Mr Forbes for the space abovementioned according as they shall be discerned be the judge ordinary.

1. PC1/48, 34-5.

2. Forbes’ name has been inserted and the words ‘Heretors of Dyck’ scored out.

3. The word ‘vexatione’ has been inserted above the line, replacing ‘expenses’.

1. PC1/48, 34-5.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/491

Act

Act Heretors of Forress for stipend

Anent the petition Given in to the Lords of there Majestyes privie Counsell be James Brodie of that ilk in name of the remanent heretors of the paroch of Forress Shewing That where upon a former supplication Given in to there Lordships by the petitioners Representing the ruinous case of the kirk of Forress and that the manse is demolished with the povertie both of the toun and Landward paroch whereto they have been reduced by the hardship of quarterings Localityes and destruction of there cornes throw the frequent marches of the armyes to and again and severall depredations of the highlanders There Lordships were pleased by there Interloquitor of the seventh day of Jully Last to allow the stipend of the said paroch for the first half of the Cropt Jaj vjc and Nyntie one year To be Imployed upon reparation of the kirk and manse But In respect the terme of payment of the last half of the said years stipend wes not then come There Lordships did forbear the gifting thereof And sieing that the term of payments of the said last half year stipend is now come and bygone And that the stipend of both these termes will hardly defray the charges of the forsaids reparationes And therefor craveing to the effect underwreitten As the said petition bears The saids Lords of there Majestyes privie Counsell haveing Considered this petition Given in to them be the above Laird of Brodie and the other heretors of the paroch of Forress They hereby allow to the petitioners the stipend of the above kirk of Forress for the last half of the cropt and year of God Jaj vjc Nyntie one To be Imployed for repairing of the said kirk and manse of Forress And Nominates and appoints Alexander Brodie of Tillieburies to be factor for uplifting of the said half years stipend And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters Lyfrenters fermorers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said stipend for the said half year And ordaines Letters of horning to be direct hereon at the Instance of the said factor produceing a decreet of Locality and in case there be non ordaines the heretors and others forsaids Lyable in payment of the said factor he to make payment thereof to the said factor for the said stipend according as they shall be decerned be the Judge ordinarie In respect the said factor hes found sufficient Cautione acted in the books of privie Counsell That he shall imploy the said half years stipend for repairing the above kirk and manse of Forress

At Edinburgh 11 February 1692

A1692/2/491

Act

Act heritors of Forress for stipend

Concerning the petition given in to the lords of their majesties’ privy council by James Brodie of that Ilk in name of the remanent heritors of the parish of Forres, showing that where upon a former supplication given in to their lordships by the petitioners representing the ruinous case of the kirk of Forres and that the manse is demolished with the poverty both of the town and landward parish whereto they have been reduced by the hardship of quarterings, localities, and destruction of their corns through the frequent marches of the armies to and again and several depredations of the highlanders, their lordships were pleased by their interlocutor of the seventh day of July last to allow the stipend of the said parish for the first half of the crop 1691 to be employed upon repair of the kirk and manse, but in respect the term of payment of the last half of the said year’s stipend was not then come, their lordships did forbear the gifting thereof, and seeing that the term of payments of the said last half year stipend is now come and bygone and that the stipend of both these terms will hardly defray the charges of the foresaid repair, and therefore craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above laird of Brody and the other heritors of the parish of Forres, they hereby allow to the petitioners the stipend of the above kirk of Forres for the last half of the crop and year of God 1691 to be employed for repairing of the said kirk and manse of Forres, and nominate and appoint Alexander Brodie of Tillieburies to be factor for uplifting of the said half year’s stipend, and ordain him to be readily answered, obeyed, and paird thereof by the heritors, feuers, wadsetters, liferenters, fermerers, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the said stipend for the said half year, And ordain letters of horning to be directed hereon at the instance of the said factor, [he] producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said factor to make payment thereof to the said factor for the said stipend according as they shall be discerned be the judge ordinary, in respect the said factor has found sufficient caution acted in the books of privy council that he shall employ the said half year’s stipend for repairing the above kirk and manse of Forres.

1. PC1/48, 33-4.

1. PC1/48, 33-4.