Edinburgh the seventhteinth day of Jully J^aj vj^c nyntie four years

D1694/7/11

D1694/7/11¹

Act

Act Mr John McCulloch for a stipend.

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr John McCulloch minister at Ardersire Shewing That the petitioner was presented to the Church of Ardersire in the time of the former presbytrie, And Received institutione therupon and therupon hade right de jure to the stipend manse and Gleib and other Casualities belonging to the said Church and according exercised the office of the holy functione of the ministrie therat untill the restoratione of Bishops, at which time he was forced to Cede to Mr John Dallas minister at Tayne who was then made Dean of Ross The Church of Arderseir being on of his patrimoniall kirks But after presbytrie was restored all such ministers as were allyve and put from their Churches were by act of parliament Red integrat both ad officum et beneficium and the incumbent for the time, Ordained to remove from the Charge Manse and Gleib, and therupon the petitioner haveing intimat the said act of Parliament to the said Mr John Dallas he did remove from the Charge and the petitioner entered therto But Sir Hew Campbell of Caddell only heritor scruples to pay the stipend and vacuradge without the saids Lords warrand and a Charge for that effect The late incumbent being liveing, Wherupon the petitioner came South to get ane horning on his act of Admissione, which was denyed without he produced ane Decreet of Locallity and therby necessitate to come South againe and search for ane decreet of Locallity in order to have his stipend without which he Could have no horning and found ther was non and in effect that being the Deans patrimoniall Church (so then called) Ther was non no not for any of that kind in all the kingdome as the Clerks of the Commissione Declaireth And In Respect of want of health only occasioned by two Journeys South and the means of Life for want of the said Decreet of Locallity keeps him heir and no Desertione of his Charge being betrothed to his flock in Christ And that the Laird of Calder and his tennents will not pay his stipend nor yet the possessors his viccuradge and dutie of the Gleib Cropt J^aj vj^c nyntie one, J^aj vj^c nyntie two and J^aj vj^c nyntie thrie This instant Cropt J^aj vj^c nyntie four years and in time comeing dureing his ministrie at the said kirk without the saids Lords warrand in suppliment of the want of the said Decreet albeit his act of admission and act of parliament were produced to him and likewayes heirwith produced And their majesties and estates of parliament have Recomended to the saids Lords to see the said act put in executione Lykeas the saids Lords in order therto have granted acts and Ordained letters to pass therupon at the instance of Mr Wilkie minister of the Cannogate Mr John Hardie Mr William McCay minister at Dornoch and severall others wher ther were severall heritors and multo magis to be granted heir where ther is but one heritor and himself content upon ane act and Charge, to pay And Therfore humbly Craveing the saids Lords To ordaine the said Sir Hew Campbell and his successors heritors of the said parish and tennents and possessers of the same present and to come to pay to the petitioner the stipend and viccuradge of the said kirk and parish and dutie of the Gleib the saids cropts and therafter in time comeing dureing his said functione and rests due to him preceiding the said cropt J^aj vj^c nyntie one since his entrie to the said Charge be vertue of the said late act of Parliament and notwithstanding ther is no Decreet of Locallity and to ordaine letters of horning and others necessar to be direct against them in forme as effeirs as the said petitione bears. The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Mr John McCulloch with the petitioners presentatione and Admissione be the presbytrie of Chancrie dated the twentie fourth day of May J^aj vj^c nyntie years, They heirby Decerne and Ordaine the within Hew Campbell and his successors heritors of the above parish of Ardseir and the tennents and possessors of the same present And to come To make payment to the petitioner of the stipend and viccurage of the said kirk and paroch of Arderseir and of the duty of the Gleib for the cropts and years of God J^aj vj^c nyntie one, nyntie two, nyntie thrie and J^aj vj^c nyntie four years, and therafter dureing the petitioner his Serving the cure at the said kirk, The termes of payment of the same being allwayes first come and bygone, and alse of the rests due to the petitioner preceiding the said year J^aj vj^c nyntie one since his entrie to the said kirk Be vertue of and Conforme to the above late act of parliament, And Ordaines letters of horning under the signet of Councill to be direct heirupon for payment of the said stipend and others forsaids conforme to the Decreet of Locallity if any shall be found, and if no such Locallity shall be found, Then Conforme to ane Decreit to be obtained before the Judge ordinary.