Att Edinburgh the Fyfteinth Day off December Jaj vjc nyntie tuo years
A1692/12/27
A1692/12/27
Act
Act Mr Richard Howison and Mr Lyndsay for stipend
Anent the petitione given in to the to the Lords of there Majesties privie Councill be Mr Richard Howstoun minister at Cockpen Shewing That where the petitioner by ane act of parliament restoreing old presbiterian ministers to there Churches From which they were outted in the year Jaj vjc sixtie one did returne to his church of Alva and served the Cure there as minister till and after michaellmess last by past Jaj vjc nyntie one whereby conforme to the said act of parliament The petitioner hade undoubted right to the Legall stipend of the said paroch of Alva for the half year Jaj vjc Eightie nyne and subsequent years dureing his serving of the Cure there Nevertheles Mr Lyndsay being Incumbent befor the said act of parliament and haveing procured ane Call from some of that paroch to returne to Alva after the petitioners setlement at Cockpen did give in a petitione to the saids Lords wherein he represents That the petitioner uplifted the stipend be vertue of the said act of parliament for ane year wherein he served and Lykewayes Insinuates that the petitioner removed befor michaellmess last And therefore craved that since he hade a Call to exercise his ministerie in the said paroch for the Last half year Jaj vjc nyntie one and the first half year Jaj vjc nyntie tuo In regaird he pretends a Call from the haill heretors and paroch The Saids Lords by there delyverance upon the tuenty second day of Junij Last ordained him to be ansuered and obeyed of the forsaid tuo half years stipends As to which It is humbly represented /primo/ That Mr William Lyndsay Cannot make it appear the said Mr William hade right or the Least pretence or Shaddow of Law But on the Contrarie he actually Intromitted with a Considerable pairt of the stipend to which the petitioner hade right by the forsaid act of parliament To witt the one half of the year Jaj vjc Eightie nyne Secundo It is notourly Knowen that the petitioner officiat after michaellmes And if nead be is It is offered to be proven that the petitioner actuallie served the Cure of Alva till and after michaellmess nether can the said Mr Lyndsay pretend that he did so much as preach till a Considerable tyme after Michaellmess And so Can have no pretence of law to the Last half years stipend Jaj vjc nyntie and notwithstanding of his pretences and Insinuations in his petitione As to which Insinuationes the petitioner shall not offer to there Lordships any further trouble Bot to consider the petitioners Interest in the matter Since the same is offered to be made appear And that the petitioner wes not called nor heard at the procureing of there Lordships interloquitor And that the petitioners interest is now humbly represented to the saids Lords And therefore Craveing that there Lordships would be pleased to consider there former interloquitor in favours of Mr Lyndsay And to recall the samen And ordaine payment of the said last half years stipend Jaj vjc nyntie one To be made to the petitioner as haveing right In maner forsaid by the heretors titulars tacksmen and possessors of teynds Conforme to the decreet of Locality and use and wont And in case the said Mr Lyndsay hes be vertue of the saids Lords there ordinance Intromitted with any of the said half years stipend That these who hes so made a payment to him may aither repeat the samen from him or that they may have allowance and retentione in there hands of the next years stipend And ordaine Letters of horning to pass at the petitioners Instance against the heretors tacksmen and possessors of the teynds As the said petitione bears The Saids Lords of there Majesties privie Councill Haveing Considered this petition Given into them be the above Mr Richard Houstoun and the ansuers Given in be the said Mr William Lyndsay to the said petitione And haveing heard the report of a Comittee of there oune Number made to them verbally in the said matter That they have aggreed the pairties And that they are satisfyed that the stipend of the above kirk of Ava for the last half of Cropt and year of God Jaj vjc nyntie one be equallie divyded betuixt them The Saids Lords doe hereby approve of the said report and agreement and interpone there authority thereto And ordaines the heretors titulars Lyfrenters and tacksmen of teynds tennents possessors and other Lyable in payment of the said half years stipend to make payment of the same to the said Mr Richard Howstoun and Mr William Lyndsay equallie betuixt them And ordaines Letters of horning under the signet of Councill to be direct at the instance of the saids persones againest them for that effect They produceing a decreet of Localitie And in case there be none ordaines these Lyable to make to the saids Mr Richard Howstoun and Mr William Lyndsay equallie betuixt them of there respective proportiones of the said half years stipend according as they shall be decerned be the Judge ordinarie The Saids Mr Richard Howstoun alwayes before extracting hereof swearing and signeing the oath of alleadgeance to there majesties King William and Queen Mary and signeing the assureance prescryved be act of parliament And that In presence of any one of the Lords of privie Councill And recalls the former act of Councill of the date the tuenty second day of Junij Last In favours of the said Mr William Lyndsay In so farr as Concernes the above half years stipend.
At Edinburgh 15 December 1692
A1692/12/27
Act
Act for Mr Richard Howison and Mr Lindsay for stipend
Regarding the petition given in to the lords of their majesties’ privy council by Mr Richard Houston, minister at Cockpen, showing that where the petitioner by an act of parliament restoring old presbyterian ministers to their churches from which they were outed in 1661 did return to his church of Alva and served the cure there as minister till after Michaelmas last 1691, whereby according to the said act of parliament the petitioner had undoubted right to the legal stipend of the said parish of Alva for the half year 1689 and subsequent years during his serving of the cure there, nevertheless Mr Lindsay being incumbent before the said act of parliament and having procured a call from some of that parish to return to Alva after the petitioner’s settlement at Cockpen gave in a petition to the said lords wherein he represents that the petitioner uplifted the stipend by virtue of the said act of parliament for a year wherein he served and likewise insinuates that the petitioner removed before Michaelmas last and therefore craved that since he hade a call to exercise his ministry in the said parish for the last half year 1691 and the first half year 1692 in regard that he claims a call from the whole heritors and parish, the said lords by their deliverance upon 22 June last ordained him to be answered and obeyed of the foresaid two half years’ stipend, as to which it is humbly represented: First, that Mr William Lindsay cannot make it appear that the said Mr William had right or the least pretence or shadow of law but on the contrary he actually intromitted with a considerable part of the stipend to which the petitioner had right by the foresaid act of parliament, to wit the one half of the year 1689; Second, it is well known that the petitioner officiated after Michaelmas and if need be it is offered to be proven that the petitioner actually served the cure of Alva till after Michaelmas, neither can the said Mr Lindsay pretend that he did so much as preach till a considerable time after Michaelmas and so can have no pretence of law to the last half year’s stipend 1690 and notwithstanding of his pretences and insinuations in his petition, as to which insinuations the petitioner shall not offer to their lordships any further trouble but to consider the petitioner’s interest in the matter since the same is offered to be made clear, and that the petitioner was not called nor heard at the procuring of their lordships’ interlocutor and that the petitioner’s interest is now humbly represented to the said lords, and therefore craving that their lordships would be pleased to consider their former interlocutor in favour of Mr Lindsay and to recall the same and ordain payment of the said last half year’s stipend 1691 to be made to the petitioner as having right in manner foresaid by the heritors, titulars, tacksmen and possessors of teinds according to the decreet of locality and use and wont, and in case the said Mr Lindsay has by virtue of the said lords their ordinance intromitted with any of the said half year’s stipend, that those who have made a payment to him may either recover the same from him or that they may have allowance and retention in their hands of the next year’s stipend, and ordain letters of horning to pass at the petitioner’s instance against the heritors, tacksmen and possessors of the teinds, 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 Richard Houston and the answers given in by the said Mr William Lindsay to the said petition, and having heard the report of a committee of their own number made to them verbally in the said matter that they have agreed the parties and that they are satisfied that the stipend of the above kirk of Alva for the last half of crop and year of God 1691 be equally divided between them, the said lords hereby approve of the said report and agreement and add their authority thereto, and ordain the heritors, titulars, liferenters and tacksmen of teinds, tenants, possessors and others liable for payment of the said half year’s stipend to make payment of the same to the said Mr Richard Houston and Mr William Lindsay equally between them, and ordain letters of horning under the signet of council to be directed at the instance of the said persons against them for that effect, they producing a decreet of locality, and in case there is none, they ordain those liable to make payment to the said Mr Richard Houston and Mr William Lindsay equally between them of their respective proportions of the said half year’s stipend as they shall be discerned by the judge ordinary, the said Mr Richard Houston always before extracting hereof swearing and signing the oath of allegiance to their majesties King William and Queen Mary and signing the assurance prescribed by act of parliament and that in presence of any one of the lords of privy council, and they recall the former act of council of 22 June last in favour of the said Mr William Lindsay, in so far as concerns the above half year’s stipend.
