Edinburgh the Twentie nynth day of June J^aj vj^c nyntie thrie years

D1693/6/34

D1693/6/34¹

Act

Act Mr William Howart minister at Innerness

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr William Stewart minister of Innverness Shewing That quher the petitioner haveing by order of the assembly and their Lordships warrand served the Church of Innverness from June J^aj vj^c nyntie one to June J^aj vj^c nyntie thrie which gives him ane undoubted right to the stipend for which he hath served conforme to the fifth act of the second session of this principall parliament, yet Mr Alexander Southerland Chaplane to Sir Thomas Liveingstone regiement and Mr Thomas Frazer minister at Suddy have both of them alse weell as the petitioner applyed to the saids Lords some time a goe Craveing to be preferred to the said stipend which is certainely injurious in them For albeit /1o/ both of them have illegall and in suficient calls from the magistrats of Inverness who are not in capacity to give any, yet neither of them have² ever³ served at that Church or are to this hour so much as capable to serve their or Imbrace a Call by reasone as yet they have neither applyed nor are they received or Joyned in with the established government of the Church /2o/ their pretences are injurious because they both possess their other benefices to this hour, Wheras the petitioner has no other mantinance to took to bot that for quhich he has served by their Lordships order and warrand nevertheless their Lordships in January last Did Decerne the petitioners stipend to be payed to any of the thrie who should first procure the consent of a patron It is now humbly Represented to their Lordships that the petitioner is not concerned with the consent of a patron, Because the consent of a patron is only requisit to dispose of a Stipend for pious uses within a parish quher ther is no incumbent, Bot so it is that heir their is ane incumbent authorized by all the Lawfull title that Church or State is able to give him which puts him directly in the case of the act of parliament abovementioned, nor can it be possible that their Lordships would appoint the petitioner to serve and yet dispose of his Mantinance to others And Therfore Humbly Craveing would take the premisses to their consideratione and preferr the petitioners Just clame and allow him letters for inbringing of the said stipend without the concurrance of the patron which is no wayes necessary, And if it ware hardly would any of the petitioners Character ever obtaine it as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Mr William Stewart They Find that the petitioner hath Just right to the stipend of Innerness since the moneth of June J^aj vj^c nyntie one, and them and termely in time comeing dureing his service in the office of the ministrie at the said kirk; And Ordaines him to be readiely answered obeyed and payed therof be the heretors wodsetters fewars liferenters and others Lyable in payment the termes of payment of the same being allwayes since come and bypast, And ordaines letters of horning under the Signet of Councill at his instance against them for that effect upon production of a decreet of Locallitie, And in caice ther be non ordaines the Lyable to make payment of their respective proportiones of the said stipend since the moneth of June J^aj vj^c nyntie one and yearly and termely in time comeing as said is as they shall be Decerned be the Judge ordinar In Respect the petitioner has let over extracting heirof produced a Certificat under the hands of thrie of the Commissioners nominat by the Lords of privy Councill for administrating the oath of alledgance and assurance to ministers and others testifieing and Declaring that the petitioner did Compeir before them, And in their presence did swear and signe the said oath and assurance dated the seventeinth day of Jully J^aj vj^c nyntie thrie And Recalls the act of Councill of the date the […] day of January last anent the stipend of the said kirk In so farr as concernes Mr Alexander Southerland Chaplaine to Sir Thomas Liveingstounes regiement and Mr Thomas Frazer minister at Suddie And Declaires the Samen voice and null And Discharges them to trouble or molest the petitioner in the peaceable possession and uplifting the said stipend in maner forsaid.