Act, 14 January 1692, Edinburgh

Att Edinburgh The Fourteenth day of January Jaj vjc nyntie tuo years

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Act

Act Mr John Auchterlony for stipend

Anent a petitione given in to the Lords of their Majesties privy Councell Be Mr John Auchterlonie eldest laufull son to the deceast Mr David Auchterlonie late minister att Forden Sheuing That whereas ever since the decease of his said father which was in the end of January Last He hath at the earnest desyre of the haill members of the session of Forden And out of speciall Love to the said Cure faithfullie served the samen in discharging his ministeriall functione in all parts To witt in preaching praying visiting the sick examining the haill parochners and administrating the sacraments both of baptisme and the Lords Supper alse faithfully and dilligently as ever his deceast father or any before him ever Did Conforme to these gifts which It hath pleased God to inbue him with which will be made appear to their Lordships by the testificat of the Elders and heretors of the said paroch wryten be the session Clark and subscribed be them and sent with him for that effect And now seeing he hath served the Cure and supplyed the vaccancy these ten months bygone and that the terme of payment of the half years stipend from whitsunday Jaj vjc nyntie to mertimes therafter is now past so that he hath been frequently pressed to receave the said half years stipend By these who are bound to pay the samen which he absolutely and perremptorly refuised to doe till such tyme as he should obtaine their Lordships warrand for that effect seing the patronadge of the said church Did formerly belong to the Bishop of St Andreus And now by the Late Act of Parliament is fallen into their Majesties hands And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given In to them Be the above Mr John Auchterlony uith the testificat mentioned therin and produced therwith They heirby allow to the petitioner the stipend of the above kirk of Forden for the last half of the Cropt and year of god Jaj vjc nyntie one And ordaines him to be readily ansuered obeyed and payed throf Be the Heretors Fewars wodsetters Liferenters fermers titulars tacksemen of teynds tennents possessors and uthrs Lyable in payment of the said stipend for the said half year And ordaines Letters of horning to be direct heiron at the Instance of the said petitioner He alwayes producing a decreit of Locality and in case thier be none ordaines the Heretors and others forsaids lyable in payment of the said stipend To make payment therof to the petitioner for the said half year according as they shall be decerned by the Judge ordinary

At Edinburgh 14 January 1692

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Act

Act to Mr John Auchterlonie for stipend

Concerning a petition given in to the lords of their majesties’ privy council by Mr John Auchterlonie, eldest lawful son to the deceased Mr David Auchterlonie, late minister at Fordoun, showing that whereas ever since the decease of his said father, which was in the end of January last, he hath at the earnest desire of the whole members of the session of Fordoun and out of special love to the said cure faithfully served the same in discharging his ministerial function in all parts, to wit in preaching, praying, visiting the sick, examining the whole parishioners and administrating the sacraments, both of baptism and the Lords supper, as faithfully and diligently as ever his deceased father, or any before him ever did, conform to these gifts which it has pleased God to imbue him with, which will be made appear to their lordships by the testificate of the elders and heritors of the said parish written by the session clerk and subscribed by them and sent with him for that effect. And now seeing he has served the cure and supplied the vacancy these ten months bygone, and that the term of payment of the half year’s stipend from Whitsunday 1690 to Martinmas thereafter is now past so that he has been frequently pressed to receive the said half year’s stipend by those who are bound to pay the same which he absolutely and peremptorily refused to do until such time as he should obtain their lordships’ warrant for that effect, seeing the patronage of the said church did formerly belong to the bishop of St Andrews, and now by the late act of parliament is fallen into their majesties’ hands, and therefore humbly 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 Mr John Auchterlonie with the testificate mentioned therein and produced therewith, they hereby allow to the petitioner the stipend of the above kirk of Fordoun 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, feuars, wadsetters, liferenters, fermers, 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 petitioner, he always producing a decreet of locality, and in case their 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 decerned by the judge ordinary.

1. NRS, PC1/47, 572-3.

1. NRS, PC1/47, 572-3.

Commission by the Council, 14 January 1692, Edinburgh

Att Edinburgh The Fourteenth day of January Jaj vjc nyntie tuo years

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Commission by the Council

Earl of Lothians Commission to the Generall Assemblie

A Commissione under their Majesties great seall In favoures of Robert Earle of Lothian To be their Majesties High Commissioner for representing their sacred persones and bearing their royall authority in the Ensuing Generall assemblie of the kirk of Scotland redd and appoynted to be recorded in the books of Privy Councell wherof the tenor folloues
Gullielmus et Maria Dei Gratia Magnae Brittaniae Franciae et Hyberniae Rex et Regina fideique defensores Omnibus probis hominibus ad quos presentes Literae nostrae pervenerint salutem Quandoquidem nos regio nostro animo perpendentes quam necessarium sitt ad religionem reformatam melius firmandam pietatem et sanctitatem propagandam et Genuinam pacem et unitatem fraternam in ecclesia antiquioris hujus nostri scotiae regni efficanter acquirandam ut Generalis dictae ecclesiae conventus […] Die mensis Januarii proxime allabentis debite observetur Nos autem in dicto conventu Interesse nequimus Ideoque eminentissimo cuidem et illustrissimi ordinis viro pietate aliisque perpulchris et singularibus animi Dotibus Imbuto sacras nostras personas et authoritatem in eodem representandi Jus et potestatem committere statuimus Nosque Itidem Considerantes exim[i]as animi dotes Integritatem et fidelitatem quod Interesse nostrum Intimatam fidelissimi et dilectissimi nostri Consanguinei et Conciliarii Roberti Lothianae Comitis in universsis et singulis provinciis a nobis ipse concreditis constanter ab ipso demonstratam Atque etiam mutabilem stabilitatem et firmam tam suam tam patris et familiae suae temporibus retroactis ad lesionem2 Juribus reformatae religionis unde ad sumae fiduciae munus Infra expressum debite et exacte obeundum et pia et regia nostra proposita superius mentionata efficaciter promovenda usque quaque est adaptatus Noveritis igitur nos nominasse constituisse et ordinasse sicut per hasce nostras patentes Literas nominamus constituimus et ordinamus Eundem Robertum Lothiane Comitem Supremum nostrum Commissionarium quoad effectum infra expressum damus pariter et concedimus illi plenissimam et amplissimam nostram potestatam et Commissionem sacras nostras personas representandi authoritatem nostram regiam gerendi Locum que nostrum in dicto subsequenti Generali conventu tanquam Commissionario nostro in hunc effectum specialiter constituto tenendi omniaque alia ad Imperium et munus Commissionarii pro Generali ecclesiae conventu per agendi tam plene adeoque Libere in quovis respectu quam quilibet alius ejusdem characteris fecerit seu quovis tempore retroacto facere potuerat atque adeo sicuti nos ipsi personaliter presentes facere poterimus Quaequidem omnia et singula a dicto Roberto Lothianae Comite in hac nostra Commissione prosequenda Legittime facienda nos firmiter approbamus ratihabemus et habituri sumus omnibus et singulis insuper antedicti Conventus et ecclesiae pastoribus et presbyteriis et ceteris cujuscumque hujus regni nostri subsiditis cujuscunque qualitatis seu conditionis ut praefatum Robertum Lothianae Comitem tanquam Supremum nostrum Commissionarium quoad effectum et modum supra mentionatum Agnoscant Colant et dicto ipsius audientes prebent stricte mandamus et Imperamus Et denique hanc nostram Commissionem a die quo magnum nostrum sigillum presentibus est appensum durante toto tempore dicti Generalis Conventus vell usque donec hec nostra Commissio per nos scripto revocetur Continuare declaravimus et per presentes declaramus In Cujus rej testimonium presentibus magnum sigillum nostrum appendi mandavimus Apud aulam nostram De Kensingtoune penultimo die mensis decembris anno Domini millesimo sexcentesimo nonagesimo primo regnique nostri tertio per signaturam manu S D: N Regis subrascribtam wryten on the back thus wryten to the Great Seall and registrat the fifth day of January Jaj vjc nyntie tuo sic subscribitur William Kerr sealled at Edinburgh the fifth of January Jaj vjc nyntie tuo sic subscribitur Alexander Inglis

At Edinburgh 14 January 1692

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Commission by the Council

[Robert Kerr] earl of Lothian’s Commission to the General Assembly

A commission under their majesties’ great seal in favour of Robert Earl of Lothian to be their majesties’ high commissioner for representing their sacred persons and bearing their royal authority in the ensuing general assembly of the kirk of Scotland read and appointed to be recorded in the books of privy council whereof the tenor follows:
William and Mary by the grace of God, king and queen of Great Britain, France and Ireland and defenders of the faith, to all good men to whom our present letters will have come, greetings. Since we, weighing with our royal mind how necessary it may be for strengthening the reformed religion better, promoting piety and sanctity and acquiring genuine peace and fraternal unity in the church of this our ancient kingdom of Scotland effectively so that the general assembly of the said church on the […] day of the advancing month of January next be observed duly. But we are unable to be present in the said assembly and so to a certain most eminent man and of illustrious rank imbued with piety and other very beautiful and singular qualities of character, we have decided to commit the right and power of representing our sacred persons and authority in the same. And we considering in the same way the exceptional qualities of character, integrity and fidelity which is made known to us of our most faithful and dearest kinsman and councillor Robert [Kerr] earl of Lothian, shown constantly by him in all and single official duties granted to him by us. And also the unchangeable stability and firm adhesion so much his own as of his father and family in times past to the laws of the reformed religion from whence he is entirety fitted to reaching the office of greatest trust within expressed duly and exactly and promoting our pious and royal proposals mentioned above effectively. Know therefore that we have nominated, constituted and ordained, just as by these our letters patent we nominate, constitute and ordain the same Robert earl of Lothian our high commissioner as far as the effect within expressed. Equally, we give and grant to him our most full and ample power and commission of representing our sacred persons, of bearing our royal authority and holding our place in the said following general assembly as our commissioner specially constituted in this effect, and of doing all other things to the power and duty of a commissioner for the general assembly of the church so fully and freely in whatever respect as any other of that character did or could have done in whatever time past and so just as we are able to do ourselves personally present. Which all and single things to be carried out in this our commission to be done legitimately by the said Robert earl of Lothian, we approve firmly, ratify and we will hold to all and single. Moreover, we command and order that to the pastors and elders of the foresaid assembly and church and other whatsoever subjects of this our kingdom of whatever quality or condition that they should recognise, cultivate and provide listening closely to the foresaid Robert earl of Lothian as our high commissioner, as far as the effect and way above mentioned. And finally, we have declared and by the presents declare this our commission to continue from the day on which our great seal is appended to the presents during the whole time of the said general assembly or until this our said commission is revoked by us in writing. In witness whereof, we command our great seal to be appended to the presents. At our court of Kensington on 30 December 1691, the penultimate day of the month of December in the one thousandth, six hundredth and ninety-first year of the Lord, and the third year of our reign, by the sign manual of our supreme lord the King underwritten. Written to the great seal and registered 5 January 1692, signed thus, William Kerr, sealed at Edinburgh 5 January 1692, signed thus, Alexander Inglis.

1. NRS, PC1/47, 571-2.

2. Sic*.* *Recte* adhaesionem?

1. NRS, PC1/47, 571-2.

Sederunt, 14 January 1692, Edinburgh

Att Edinburgh The Fourteenth day of January Jaj vjc nyntie tuo years1

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Sederunt

Lord Chancellor; Marquis of Douglas; Earl of Craufurd; Earl of Mortoune; Earl of Leiven; Viscount Stair; Lord Ruthven; Master of Burleigh; Lord Hattoune; Lord Aberuchill; Lord Funtainhall; Laird of Pollock; Laird of Stevensone; Laird of Leyes; Sir Thomas Livingstoune

At Edinburgh 14 January 16921

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Sederunt

[John Hay] earl of Tweeddale, lord chancellor; [James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford; [James Douglas] earl of Morton; [David Leslie] Earl of Leven; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Ruthven; [Robert Balfour] master of Burleigh; [Sir John Lauder] Lord Hatton; ; [Sir Colin Campbell] Lord Aberuchill; [Sir John Lauder] Lord Fountainhall; [Sir John Maxwell] laird of Pollok; [Sir Robert Sinclair] laird of Stevenson; [Sir Thomas Burnet] laird of Leys; Sir Thomas Livingstone

1. NRS, PC1/47, 571.

2. NRS, PC1/47, 571.

1. NRS, PC1/47, 571.

2. NRS, PC1/47, 571.