Tag Archives: 5 January 1692

Order, 5 January 1692, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vjc Nyntie two years

D1692/1/51

Order

Recomendatione Bathea Hamilton

Anent the Petition given in to the Lords of his Majesties privy Councill be Bathea Hamilton relict of umquhile James Hamilton merchant in Lesmagarvie in Ireland Shewing That wher her Said deceast husband haveing left behind him the petitioner ane poor widow and tuo fatherles Childrein in ane misserable starveing and destitute conditione And haveing come over here of a late to visit some freinds In order and for ane expected futur help to her and them for their better Liveing and Livelyhood and the petitioner being destitute of her hope and expectation her in Scotland amongst her freinds (who are almost dead) And the petitioner being by the stress of weather and other bad sicknes and inconveniencies that hade occured in her way lost the power Streanth and abilitie of her right arme and severall members of her bodie, not being capacitate therby aither to wine ane morsall of bread to her self or them without the saids Lords provyde remeid And Therfore Humbly Craveing the saids Lords would be pleased for the favor of god To Comisserat her present sterving conditione with her two fatherless Childrein to their serious Consideratione and to bestow some what of their Charitie upon her in discreation as they should think fitt In order to her transportation from hence to Ireland, and this with the saids Lords gracious ansuer she should 2 never be troublsome to them for the futur As the said Petition bears The Lords of their Majesties privy Councill Haveing Considered this petitione given in to them be the above Bathea Hamilton They heirby Recomend to the Lords of their Majesties thesaurie To cause payment be made to the petitioner of such a competent Soume as they shall find her necessitous caire and condition doeth requyre.

At Edinburgh 5 January 1692

D1692/1/51

Order

Recommendation for Bethea Hamilton

Concerning the petition given in to the lords of his majesty’s privy council by Bethea Hamilton, relict of the late James Hamilton, merchant in Lesmagarvie in Ireland, showing that where her said deceased husband having left behind him the petitioner a poor widow and two fatherless children in a miserable, starving and destitute condition, and having come over here of a late to visit some friends in order and for an expected future help to her and them for their better living and livelihood, and the petitioner being destitute of her hope and expectation hear in Scotland amongst her friends (who are almost dead) and the petitioner being by the stress of weather and other bad sickness and inconveniences that had occured in her way lost the power, strength and ability of her right arm and several members of her body, not being capacitated thereby either to win a morsel of bread to herself or them without the said lords provide remedy, and therefore humbly craving the said lords would be pleased for the favour of God to commiserate her present starving condition with her two fatherless children to their serious consideration and to bestow somewhat of their charity upon her in discretion as they should think fit, in order to her transportation from hence to Ireland, and this with the said lords gracious answer she should never be troublesome to them for the future, as the said petition bears. The lords of their majesty’s privy council having considered this petition given in to them by the above Bethea Hamilton they hereby recommend to the lords of their majesties’ treasury to cause payment be made to the petitioner of such a competent sum as they shall find her necessitous care and condition does require.

1. NRS, PC2/24, 5r.

2. The word ‘be’ scored out here.

1. NRS, PC2/24, 5r.

Act, 5 January 1692, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vjc Nyntie two years

D1692/1/41

Act

Act and Remitt Abraham Torrin

Anent a Petitione given in to the Lords of his Majesties privy Councill be Abraham Torrin master of Hatt manufactory in the Cannogate Shewing That quhere the petitioner haveing been necessitated in the year Jaj vjc nyntie2 six to retire out of France upon the Occasione of the persecutione ther againest the protestants and haveing be taken himself for refuge to this kingdome he upon application to the late kings Councill here hade the benefite of naturalisation allowed him and permission to errect and exercise a manufactorie of Hatts puruant of which haveing setled himself and familly in the Cannogate and induced severall of his fellow natione bred and trained up in that misterie to repair hither and work under him, He in the exercise of his Airt dureing the late kings rigne enjoyed all the priviledges and Immunities which by the lawes of this realme and acts of Councill he could pretend to as master of a manufactorie for himself and his servants under him, and did not in the least doubt But upon the late happy revolutione he should have enjoyed the same alse fully if not more then he hade done till that tyme Bot contrary to his hopes he has since mett with such Discouragment in his Employment by the magistrates of Edinburgh their infringing those priviledges which he was in possession of by the Law as he is constrained to have his recourse to the saids Lords for releiff in that behalf, and humbly to represent that for entertaineing so usefull a manufactory as he has sett up haveing constant occasione to make use off matterialls for his work which he must Import from foraigne Countries he found the magistrats would not allow him that Libertie till such tyme as he made himself Burges and Gild brother of the Place, and when he hade done that they pretended he was Lyable to stent annuitie, quartureing of Souldiers and other burthens to which they subjected those that lived within their Liberties from all which the petitioner as master of the aforsaid manufactory set up and hitherto intertained by him humbly conceaves he and his servants are free by the standing Lawes of this kingdome in favors of manufactories and Especially by the fourtieth act of the first parliament of King Charles the second entituled act for errecting of manufactories And Therfore Humbly Craveing that the saids Lords would take the premisses to their Consideration, and ordaine the magistrates of the Cannogate to cause restor to the petitioner what hatts or utincills of his hous has been by their order lately poynded from him upon the pretext of quarterings, And to prohibit for the futur the said magistrats and the magistrates of Edinburgh their ministers and servants and all Others whom it may concerne from Imposeing or exacting of stent or annuitie or quartering of Suldiers upon him or his servants in the said manufactorie or anywayes troubling or molesting them upon any pretence whatsoever in the free and peaceable enjoyment of the priviledges Immunities and exemptiones granted in their favor by Law, And seing that one of the great motives of makeing those Lawes for the encouradging of manufactories was the benefit that therby would accrue to the kingdom alse weell by hindering the export of money out of the Countrey as bringing money into it, And that the petitioner for entertaining the manufactorie sett up by him must necessarly for the matterialls he hath use for from abroad export aither money or merchandize He humbly Craved he might be allowed the priviledge of exporting from time to time what commodities he shall have occasion for upon that account And without his being Lyable to the payment of Stent or any other publict burdeins for the same to the burgh of Edinburgh, and in regaird that hare and Conning skins are necessary matterialls for makeing of Hatts and the export therof as such prohibited by the forsaid act of Parliament That the saids Lords would be pleased to make such prohibited by the forsaid act of Parliament That the saids Lords would be pleased to take such effectuall Course for the preventing the export therof as my hinder the same in tyme comeing as the forsaid petitioner bears. The Lords of their Majesties privy Councill Haveing heard this petitione given in to them be the above Abraham Torrin with the ansuers made thereto be the toune of Edinburgh and another petition up on the Same Subject given in to their Lordships be the said Abraham and his partners They Remitt both petitions and ansuers to be Considered and determined be the Lords of Session and Recomends to them to call and hear both parties and their procurators in ther presence and proceid in the said matter and discuss and determine the Same Sumarly without abyding the Course of the roll.

At Edinburgh 5 January 1692

D1692/1/41

Act

Act and Remit for Abraham Torrin

Concerning a petition given in to the lords of his majesty’s privy council by Abraham Torrin, master of the hat manufactory in the Canongate, showing That where the petitioner having been necessitated in the year 1692 to retire out of France upon the occasion of the persecution there against the protestants and having been taken himself for refuge to this kingdom he upon application to the late king’s council here had the benefit of naturalisation allowed him and permission to erect and exercise a manufactory of hats pursuant of which having settled himself and family in the Canongate and induced several of his fellow nation bred and trained up in that mystery to repair hither and work under him, he in the exercise of his art during the late king’s reign enjoyed all the privileges and immunities which by the laws of this realm and acts of council he could pretend to as master of a manufactory for himself and his servants under him, and did not in the least doubt but upon the late happy revolution he should have enjoyed the same as fully if not more than he had done until that time, but contrary to his hopes he has since met with such discouragement in his employment by the magistrates of Edinburgh with their infringing those privileges which he was in possession of by the law as he is constrained to have his recourse to the said lords for relief in that behalf, and humbly to represent that for entertaining so useful a manufactory as he has set up having constant occasion to make use of materials for his work which he must import from foreign countries, he found the magistrates would not allow him that liberty until such time as he made himself burgess and guild brother of the place, and when he had done that they pretended he was liable to stent, annuity, quartering of soldiers and other burdens to which they subjected those that lived within their liberties, from all which the petitioner as master of the aforesaid manufactory set up and hitherto entertained by him humbly conceives he and his servants are free by the standing laws of this kingdom in favour of manufactories, and especially by the fourteenth act of the first parliament of King Charles the second, entitled act for erection of manufactories, and therefore humbly craving that the said lords would take the premisses to their consideration, and ordain the magistrates of the Canongate to cause restore to the petitioner what hats or utensils of his house which has been by their order lately poinded from him upon the pretext of quarterings, and to prohibit for the future the said magistrates and the magistrates of Edinburgh, their ministers and servants and all others whom it may concern, from imposing or exacting of stent or annuity or quartering of soldiers upon him or his servants in the said manufactory or anyway troubling or molesting them upon any pretence whatsoever in the free and peaceable enjoyment of the privileges, immunities and exemptions granted in their favour by law, and seeing that one of the great motives of making those laws for the encouraging of manufactories was the benefit that thereby would accrue to the kingdom as well by hindering the export of money out of the country as bringing money into it, and that the petitioner for entertaining the manufactory set up by him must necessarily for the materials he has use for from abroad export either money or merchandize, he humbly craves he might be allowed the privilege of exporting from time to time what commodities he shall have occasion for upon that account, and without his being liable to the payment of stent or any other public burdens for the same to the burgh of Edinburgh, and in regard that hare and rabbit skins are necessary materials for making of hats and the export thereof as such prohibited by the forsaid act of parliament that the said lords would be pleased to make such prohibited by the forsaid act of parliament, that the said lords would be pleased to take such effectuall course for the preventing the export thereof as my hinder the same in time coming, as the forsaid petitioner bears. The lords of their majesties’ privy council having heard this petition given in to them by the above Abraham Torrin, with the answers made thereto by the town of Edinburgh and another petition up on the same subject given in to their lordships by the said Abraham and his partners, they remit both petitions and answers to be considered and determined by the lords of session, and recommends to them to call and hear both parties and their procurators in their presence and proceed in the said matter, and discuss and determine the same summarily without abiding the course of the roll.

1. NRS, PC2/24, 3v-4v.

2. Sic.

1. NRS, PC2/24, 3v-4v.

2. Sic.

Act, 5 January 1692, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vjc Nyntie two years

D1692/1/31

Act

Act Hellen Mick qra McCorkadale

The Lords of his Majesties Privy Councill haveing Considered the petitione given in to them be Hellen Mick daughter to the deceast Mr James Mick minister with the act of Councill and extract of Alexander Mccorkadales Liberation mentioned in and produced with the said petition with a Counterbill given in be the said Alexander McCockadale be way of answer therto Togither with a report of a Comittie of ther oun number to whom it was remitted to consider both petitiones and to hear the partes and report their opinion in the affair to the board and who accordingly did call and hear both the saids parties before them They Find that by the former act of Councill the writtes Consigned in the Clerk of Councills hands wer ordained to be given up to the petitioner And in regaird the debitors may turne insollant if the wrytes Lye any longer sequestrat Therfore The saids Lords Doe herrby give order and warrand to the Clerks of privy Councill to delyver up the saids wrytes to the said petitioner upon inventar and upon her oblidgment to make them furthcomeing to the said Alexander McCorkadale if he instruct before the Judge ordinary his right therto, and presently to give him ane tramsumpt therof upon his oune expences if he Requyre the same, and the saids Lords Discharges the magistrats of Edinburgh to sett the said Alexander McCorkadale at libertie till he repay to the petitioner the somme of ane Hundred and sixtie thrie pounds Scots intromitted with be him at the tyme he seased upon the papers and others abovementioned Bot prejudice allwayes to the said Alexander of all right title or clame, he can to these writtes to be instructed before the Judge ordinary as accords of the Law.

At Edinburgh 5 January 1692

D1692/1/31

Act

Act concerning Helen Mick against McCorkindale

The lords of his majesty’s privy council having considered the petition given in to them by Helen Mick, daughter to the deceased Mr James Mick, minister, with the act of council and extract of Alexander McCorkindale liberation mentioned in and produced with the said petition with a counterbill given in by the said Alexander McCorkindale be way of answer thereto together with a report of a committee of their own number to whom it was remitted to consider both petitions and to hear the parties and report their opinion in the affair to the board, and who accordingly did call and hear both the said parties before them, they Find that by the former act of council the writs consigned in the clerk of council’s hands were ordained to be given up to the petitioner, and in regard the debtors may turn insolent if the writs lie any longer sequestrated, therefore the said lords do hereby give order and warrant to the clerks of privy council to deliver up the said writs to the said petitioner upon inventory and upon her obligement to make them forthcoming to the said Alexander McCorkindale if he instructs before the judge ordinary his right thereto, and presently to give him a tramsumpt thereof upon his own expenses if he requires the same, and the said lords discharge the magistrates of Edinburgh to set the said Alexander McCorkindale at liberty until he repays to the petitioner the sum of one hundred and sixty three pounds scots intromitted with by him at the time he seized upon the papers and others abovementioned, without prejudice always to the said Alexander of all right title or claim, he can to these writs to be instructed before the judge ordinary as accords of the Law.

1. NRS, PC2/24, 3r-3v.

1. NRS, PC2/24, 3r-3v.

Decreet, 5 January 1692, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vjc Nyntie two years1

D1692/1/22

Decreet

Decreet Mackenzie Against The viscount of Oxinfoord

Anent the bill of Suspension given in and presented to the Lords of his Majesties privy Councill Be the Viscount of Oxenfoord Mentioning That in the late act of Parliament Discharging kirk patronadges It being expressly Declaired that the Same should not prejudge the Patrones of their rights to Imploy the vaccand stipends on pious uses within their respective paroches, The petitioner Patron of the kirk of Cranston did thereupon gift the vaccand stipend of the said kirk for the last half year of the cropt Jaj vjc Eightie nyne to Mr Robert Arbuthnot late minister ther a gentlman of good birth and exampler Lyfe, and who faithfully exercised the office of his ministrie in that Parrish for seven years And who has a great familly of Cheldreen and is in strait as to his condition and liveing, So as the petitioner could not have disposed upon the said vaccant Stipend on more pious and Charitable uses and have made payment to him of the petitioners proportion therof notwithstanding wherof and of his right of disposall of the said vaccant stipend to pious usses within the paroch the saids Lords upon ane applicatione made be Mr Bernard Mckenzie minister in the Sluss of Ross gifted to him the vaccand Stipends of the kirks of Cranstone and Aberlady for the half of the cropt and year Jaj vjc Eightie nyne and half of the cropt of the year Jaj vjc nyntie without calling or hearing the petitioner, wherupon the petitioner gave in ane bill of suspensione to the saids Lords upon thir grounds Primo be the forsaid act of Parliament the petitioner being Patron of the kirk of Cranston has the only ryt of Disposall of the vaccand stipend of the kirk of Cransone so that the samen could not be gifted be the saids Lords Secundo be the said act of Parliament the vaccand stipends are to be disposed for pious uses within the paroch which the petitioner hes accordingly done for the half of the year Jaj vjc Eightie nyne upon the Considerationes forsaid and has made payment of his proportion therof before the gift granted be the saids Lords to the said Mr Bernard Mckenzie wheras the saids Lords gift to the said Mr Bernard Mckenzie is nowayes to pious uses within the paroch nor to a person who can anywayes pretend to it by any relation to the parish he never haveing preached nor exercised any part of his ministrie within the parish nor was he called therto be any of the parishoners nor was he ever so much as within the parish So that the gift granted be the saids Lords is not in the termes of the act of Parliament Viz to pious uses within the parish Tertio The said Mr Robert Arbuthnot served whill the fourth of september Jaj vjc Eightie nyne and was not deposed till that tyme so that in law he hade right to the first half year of the Jaj vjc Eightie nyne and haveing served within thrie weeks of Michellmiss that year which in law would have given him right to the haill years stipend and haveing procured other ministers to preach at the said kirk whill Lambes therafter The petitioner conceave that he haveing served so long himself and having supplyed the kirk by others so long therafter that in conscience and reasone the last half years stipend Jaj vjc Eightie nyne was Justly due to him Quarto as to the vaccand stipend Jaj vjc nyntie and in tyme comeing whill the kirk be legally setled the samen belongs to the petitioner as patron and is at his disposal for pious uses within the said parish which the petitioner is willing to doe in the termes of the act of Parliament which bill of suspensione without hearing of the petitioner or his procurators is refused as he was informed upon misrepresentatione that the petitioner Consented to the said Mr Bernard Mckenzies preferrence which truely he never did And Therfore Humbly Craveing the saids Lords to Consider the premises, and to grant suspension to the petitioner of the charge given at the said Mr Bernard Mckenzies instance against him and his tennents for payment of the said vaccant stipend Conforme to his gift from the saids Lords and if any scruple remained with the saids Lords theranent that then the saids Lords would be pleased to hear his procurators therupon and to appoynt a day for that effect That they might attend And in the mean tyme to Discharge any executione at the said Mr Bernard Mckinzies instance upon his gift as the said bill bears The Lords of ther Majesties Privy Councill Haveing Considered the above bill and reasones of suspensione given in to them be the above Viscount of Oxinfoord with the ansuers made therto be the above Mr Bernard Mckenzie charger They Refuse the Same And allowes the letters at the chargers instance to be put to farder executione.

At Edinburgh 5 January 16921

D1692/1/22

Decreet

Decreet Mackenzie Against Viscount Oxenfoord

Concerning the bill of suspension given in and presented to the lords of his majesty’s privy council by [Robert Makgill] Viscount Oxenfoord mentioning that in the late act of parliament discharging kirk patronages it being expressly declared that the same should not prejudge the patrons of their rights to employ the vacant stipends on pious uses within their respective parishes, the petitioner patron of the kirk of Cranston did thereupon gift the vacant stipend of the said kirk for the last half year of the crop 1689 to Mr Robert Arbuthnot, late minister there a gentleman of good birth and exemplary life, and who faithfully exercised the office of his ministry in that parish for seven years, and who has a great family of children and is in straits as to his condition and living, so as the petitioner could not have disposed upon the said vacant stipend on more pious and charitable uses and have made payment to him of the petitioner’s proportion thereof notwithstanding whereof and of his right of disposal of the said vacant stipend to pious uses within the parish, the said lords upon an application made by Mr Bernard Mackenzie, minister in the Sluss of Ross, gifted to him the vacant stipends of the kirks of Cranston and Aberlady for the half of the crop and year 1689 and half of the crop of the year 1690 without calling or hearing the petitioner, whereupon the petitioner gave in a bill of suspension to the said lords upon these grounds; firsty, by the forsaid act of parliament the petitioner being patron of the kirk of Cranston has the only right of disposal of the vacant stipend of the kirk of Cranston so that the same could not be gifted by the said lords; secondly by the said act of parliament the vacant stipends are to be disposed for pious uses within the parish which the petitioner has accordingly done for the half of the year 1689 upon the considerations forsaid and has made payment of his proportion thereof before the gift granted by the said lords to the said Mr Bernard Mackenzie whereas the said lords’ gift to the said Mr Bernard Mackenzie is no way to pious uses within the parish, nor to a person who can anyway pretend to it by any relation to the parish he never having preached nor exercised any part of his ministry within the parish, nor was he called thereto by any of the parishioners nor was he ever so much as within the parish, so that the gift granted by the said lords is not in the terms of the act of parliament, namely to pious uses within the parish; thirdly the said Mr Robert Arbuthnot served until 4 September 1689, and was not deposed until that time, so that in law he had right to the first half year of the 1689, and having served within three weeks of Michaelmas that year which in law would have given him right to the whole year’s stipend and having procured other ministers to preach at the said kirk until Lambas thereafter, the petitioner conceived that he having served so long himself and having supplied the kirk by others so long thereafter that in conscience and reason the last half year’s stipend 1689 was justly due to him; fourthly as to the vacant stipend 1690 and in time coming until the kirk is legally settled the same belongs to the petitioner as patron, and is at his disposal for pious uses within the said parish, which the petitioner is willing to do in the terms of the act of parliament, which bill of suspension without hearing of the petitioner or his procurators is refused as he was informed upon misrepresentation that the petitioner consented to the said Mr Bernard Mackenzie’s preference which truly he never did, and therefore humbly craving the said lords to consider the premises, and to grant suspension to the petitioner of the charge given at the said Mr Bernard Mackenzie’s instance against him and his tenants for payment of the said vacant stipend conforming to his gift from the said lords and if any scruple remained with the said lords there concerning that then the said lords would be pleased to hear his procurators thereupon and to appoint a day for that effect that they might attend, and in the meantime to discharge any execution at the said Mr Bernard Mackenzie’s instance upon his gift, as the said bill bears. The lords of their majesty’s privy council having considered the above bill and reasons of suspension given in to them by the above Viscount of Oxenfoord, with the answers made thereto by the above Mr Bernard Mackenzie charger, they refuse the same and allow the letters at the charger’s instance to be put to further execution.

1. NRS, PC2/24, 2r.

2. NRS, PC2/24, 2r-3r.

1. NRS, PC2/24, 2r.

2. NRS, PC2/24, 2r-3r.

Sederunt, 5 January 1692, Edinburgh

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1 2

Att Edinburgh The Fifth day of January Jaj vjc Nyntie two years3

D1692/1/14

Sederunt

Duke of Hamilton Preces; Marquis of Douglas; Earl of Crafurd; Earl of Morton; Earl of Tweedale; Viscount Stair; Lord Raith; Lord Ruthven; Master of Burleigh; Lord Hatton; Lord Aberurchell; Lord Fountonhall; Laird of Pollock; Laird of Leyes; Sir Thomas Livingstoune

1 2

At Edinburgh 5 January 16923

D1692/1/14

Sederunt

[William Douglas] duke of Hamilton preces; [James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford; [James Douglas] earl of Morton; [John Hay] earl of Tweeddale; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Raith; [David] Lord Ruthven; [Robert Balfour] master of Burleigh; [Sir John Lauder] Lord Hatton; [Sir Colin Campbell] Lord Aberurchill; [Sir John Lauder] Lord Fountainhall; [Sir John Maxwell] laird of Pollok; [Sir Thomas Burnet] laird of Leys; Sir Thomas Livingston

1. ‘Register of Acts and decreets Beginning the 5 January 1692 And Ends the Last of May 1694.’

2. ‘All stipends preceeding the 1st of Januarij 1693 are Booked in the publict Register. And all after that tyme are booked in the private Register.’

3. NRS, PC2/24, 2r.

4. NRS, PC2/24, 2r.

1. ‘Register of Acts and decreets Beginning the 5 January 1692 and Ends the Last of May 1694.’

2. ‘All stipends preceding the 1st of January 1693 are Booked in the public Register. And all after that time are booked in the private Register.’

3. NRS, PC2/24, 2r.

4. NRS, PC2/24, 2r.

Act, 5 January 1692, Edinburgh

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

A1692/1/141

Act

Act Mr John Bethuin for stipend

Anent a petitione Given In to the Lords of their Majesties privy Councell Be Mr John Bethuin Minister of the Gospell Sheuing That quher the petitioner Entered into the Ministrie in the Kirk of Aiton In anno Jaj vjc sixtie nyne (By the removall of Mr William Hoom Into the kirk of Newmilnes in the next Countrie) Ther was neither Manse yeards nor noe Conveniency at Aiton for a Minister So that the petitioner was superexpended in seven hundred merks for building the same more then he receaved As also the petitioner being ordored by the privie Councell to bestow ane Thousand merks towards the Repairing of the Bridge of Aiton as a publict good and pious work In anno jm vic Eightie off which he receaved Five hundred merks of a Fyne Imposed upon the Lady Aiton for her Clandestine marriage And their Lordships promised to make up the remainder to the petitioner off which he was superexpended And that he was superexpended besyds his Charges and paines In observing will be made appear by the Accompts Given In to the Lord Funtainhall and Sir John Hall who was ordored to receave them And the Stipend of the said kirk of Aiton being vaccant Cropts and years of God Jaj vjc nyntie and Jaj vjc nyntie one The saids Lords By a Representatione Having been pleased to ordor the said stipend Jaj vjc nyntie to be applyed for the further repairing of the said Bridge which noe body having taken on hand to Imploy it as said is The work Lyes undone and the stipend in the Heretors hands And now seing the petitioner hes not only for many years served the Cure to the satisfactione of the Heretors and uthers Concerned in the said paroch and that the petitioner hath the unanimous Call of the saids Heretors and parochners which Call Lyes before the presbytrie of Chirnsyde for want of opportunity and Leasure to expede the forsaid Call so as to reenter him in the office of the Ministrie in the said paroch By all which the petitioner is redacted to stratts not only for want of a Livelyhood But also by reasone that anything that is ouing to the petitioner is aither in desperat or Irresponsall hands And also by reasone of the petitioners fixed residence ther And that the stipend is yet undisposed off and at their Lordships disposall And therfore Humblie Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councell Having considered the said petitione Given In to them Be the uithin Mr John Bethun Minister of the Gospell They heirby allow to the petitioner the stipend of the said kirk of Aiton for the years Jaj vjc nyntie and Jaj vjc nyntie one To be Imployed in the first place for repairing of the said bridge of Aiton and making the highway Leading to and from the said Bridge a sufficient Highway wheron Cairts and Coaches may pass and that at the sight of the Lord Pollwarth Sir John Lauder of Funtainhall one of the Senators of the Colledge of Justice and Sir John Hall of Dunglass or any tuo of them And the superplus of the saids stipends if any be so belong to the petitioner And nominats and appoyntes the petitioner to be Factor for up Lifting of the saids tuo years stipends And ordaines him to be readily ansuered obeyed and payed therof Be the Heretors fewers wodsetters Liferenters titulars tacksemen of teynds tennents possessors and others Lyable in payment of the samen And ordaines Letters of Horning to be direct at his instance agaisnt them for that effect upon productione of a decreit of Locality and in case ther Be none ordaines these lyable to make payment of their respective proportiones according as the samen shall be decerned by the Judge ordinary In respect the petitioner before extracting heirof Hath Found sufficient Cautione acted in the books of privy Councell That he shall Employ the saids tuo years stipends in the first place For the ends and at the sight ahove mentioned

At Edinburgh 5 January 1692

A1692/1/141

Act

Act to Mr John Bethuin for stipend

Concerning a petition given in to the lords of their majesties’ privy council by Mr John Bethuin2, minister of the Gospel, showing that where the petitioner entered into the ministry in the kirk of Ayton in anno 1669 (by the removal of Mr William Hume into the kirk of Newmilns in the next county) there was neither manse, yards nor conveniency at Ayton for a minister, so that the petitioner was superexpended in seven hundred merks for building the same more then he received, as also the petitioner being ordered by the privy council to bestow a thousand merks towards the repairing of the bridge of Ayton as a public good and pious work in anno 1680 of which he received five hundred merks of a fine imposed upon the Lady Ayton for her clandestine marriage, and their lordships promised to make up the remainder to the petitioner of which he was superexpended, and that he was superexpended besides his charges and pains in observing will be made appear by the accounts given in to [Sir John Lauder] Lord Fountainhall and Sir John Hall, who were ordered to receive them, and the stipend of the said kirk of Ayton being vacant crops and years of God for 1690 and 1691 the said lords by a representation having been pleased to order the said stipend for 1690 to be applied for the further repairing of the said bridge, which nobody having taken on hand to employ it as said is, the work lies undone and the stipend in the heritors’ hands, and now seeing the petitioner has not only for many years served the cure to the satisfaction of the heritors and others concerned in the said parish, and that the petitioner has the unanimous call of the said heritors and parishioners which call lies before the presbytery of Chirnside for want of opportunity and leisure to expedite the foresaid call so as to re-enter him in the office of the ministry in the said parish, by all which the petitioner is redacted to straits not only for want of a livelihood but also by reason that anything that is owing to the petitioner is either in desperate or irresponsible hands, and also by reason of the petitioner’s fixed residence there, and that the stipend is yet undisposed of and at their lordships’ disposal, and therefore humbly craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered the said petition given in to them by the within Mr John Bethuin, minister of the Gospel, they hereby allow to the petitioner the stipend of the said kirk of Ayton for the years 1690 and 1691 to be employed in the first place for repairing of the said bridge of Ayton and making the highway leading to and from the said bridge a sufficient highway whereon carts and coaches may pass, and that at the sight of [Patrick Hume] Lord Polwarth, Sir John Lauder of Fountainhall, one of the senators of the college of justice and Sir John Hall of Dunglass, or any two of them, and the surplus of the said stipends, if any be so, belong to the petitioner, and nominate and appoint the petitioner to be factor for uplifting of the said two years’ stipends, and ordain him to be readily answered, obeyed and paid thereof by the heritors, feuars, wadsetters, liferenters, titulars, tacksmen of teinds, tenants, possessors and others liable in payment of the same, and ordain letters of horning to be directed at his instance against them for that effect upon production of a decreet of locality, and in case there be none ordain those liable to make payment of their respective proportions according as the same shall be decerned by the judge ordinary, in respect the petitioner before extracting hereof hath found sufficient caution acted in the books of privy council that he shall employ the said two years’ stipends in the first place for the ends and at the sight abovementioned.

1. NRS, PC1/47, 563-4.

1. NRS, PC1/47, 563-4.

2. Perhaps Bethune or Beaton

Act, 5 January 1692, Edinburgh

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Act

Act James and Marion Donaldsones for stipend of Dolppingtoune

Anent a petitione given In to the Lords of their Majesties privie Councell Be James and Marion Donaldsones Children to the deceast Mr James Donaldsone late Minister of Dolppingtoun Sheuing wheras the petitioners father being Minister att the said kirk of Dolppingtoune was in the year Jaj vjc sixtie one depryved of that Church for not conforming to prelacie and Complying with the courses of the tymes And hes allwayes untill he was restored by the Late Act of parliament been not only banished from the said charge But also exposed to Great sufferings upon account of his persuasione And now Having Continoued in the exercise of his ministrie in that paroch untill the month of October Jaj vjc nynty wherby the petitioners hes right to the first halfe of Jaj vjc nyntie one in name of ann2 and seing the Marquess of Douglass patrone of the said Church hes in regaird of the petitioners circumstances Consented that the last half of the said year Jaj vjc nyntie one should be payed to the petitioners as his consent produced with the said petitione Bears 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 to them Be the said James and Marion Donaldsones with the consent of the patrone mentioned therin and produced therwith They Find and declare that the petitioners Have right to the stipend of the above kirk of Dolppingtoune for the haill Cropt and year of God Jaj vjc nyntie one And therfore they ordaine them to be readilie ansuered obeyed and payed therof Be the Heretors Fewars wodsetters and others Lyable in payment of the samen And ordaines Letters of horning at thir instance against them for that effect in case ther be none ordaines these Lyable to make payment to the petitioners of their represented proportiones of the said years stipend according as they shall be decerned by the Judge ordinary

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

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Act

Act to James and Marion Donaldson for stipend of Dolphinton

Concerning a petition given in to the lords of their majesties’ privy council by James and Marion Donaldson, children to the deceased Mr James Donaldson, late minister of Dolphinton, showing whereas the petitioner’s father, being minister at the said kirk of Dolphinton was in the year 1661 deprived of that church for not conforming to prelacy and complying with the courses of the times, and has always until he was restored by the late act of parliament, been not only banished from the said charge but also exposed to great sufferings upon account of his persuasion, and now having continued in the exercise of his ministry in that parish until the month of October 1690 whereby the petitioners have right to the first half of 1691 in name of ann and seeing the marquis of Douglas, patron of the said church, has in regard of the petitioners circumstances, consented that the last half of the said year 1691 should be paid to the petitioners, as his consent produced with the said petition bears, 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 to them by the said James and Marion Donaldson, with the consent of the patron mentioned therein and produced therewith, they find and declare that the petitioners have right to the stipend of the above kirk of Dolphinton for the whole crop and year of God 1691, and therefore they ordain them to be readily answered, obeyed and paid thereof by the heritors, feuars, wadsetters and others liable in payment of the same, and ordain letters of horning at their instance against them for that effect and in case there be none ordain these liable to make payment to the petitioners of their represented proportions of the said years stipend, according as they shall be decerned by the judge ordinary.

1. NRS, PC1/47, 562-3.

2. Annat (ann) is the first half-year’s income of a benefice legally due to the executors of ministers, over and above what was due to the minister himself for his incumbency.

1. NRS, PC1/47, 562-3.

Act, 5 January 1692, Edinburgh

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Act

Act Mr Thomas Strachen for stipend

Anent a petitione Given In to the Lords of their Majesties privy Councell Be Mr Thomas Strachen sometyme Minister at St Martines Shewing that wheras the petitioner having Served the Cure having served the Cure2 att the said kirk till about michaelmess Jaj vjc Eightie nyne Giving actuall obedience to the Government by reading the proclamatione and praying for their Majesties But being nevertheless depryved by the said Lords when it pleased them to dispose upon the stipend of that paroch otherwayes And the petitioner being assured of the protectione of the Government He Having Given obedience as aforsaid and that it hes been ther Lordships constant custome to Give to ministers so observing the vaccant stipends of other paroches wher their oune was disposed upon And for as much as the Church of Kinloch uithin the diocess of Dunkeld through the decease of the late Minister therat who was presented therto By the Bishop of Dunkeld is now vaccant and the stipend therof Due for Cropt Jaj vjc nyntie one at their Lordships disposall 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 Thomas Strachen They allow the petitioner the above stipend of the paroch of Kinloch for the haill Cropt and year of God Jaj vjc nyntie one And ordains him to be readily ansuered obeyed and payed therof Be the Heretors fewars wodsetters Liferenters and others Lyable In payment of the same And ordaines Letters of horning at his instance against them for that effect He producing a decreit of Locality And In case ther be none ordaines these Lyable to make payment of there represented proportiones according as they shall be decerned by the Judge ordinary

At Edinburgh 5 January 1692

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Act

Act to Mr Thomas Strachen for stipend

Concerning a petition given in to the lords of their majesties’ privy council by Mr Thomas Strachan, sometime minister at St Martins, showing that whereas the petitioner having served the cure at the said kirk until about Michaelmas 1689, giving actual obedience to the Government by reading the proclamation and praying for their majesties, but being nevertheless deprived by the said lords when it pleased them to dispose upon the stipend of that parish otherwise, and the petitioner being assured of the protection of the government, he having given obedience as aforesaid and that it has been their lordships constant custom to give to ministers so observing the vacant stipends of other parishes where their own was disposed upon, and for as much as the church of Kinloch, within the diocese of Dunkeld, through the decease of the late minister thereat who was presented thereto by the bishop of Dunkeld is now vacant and the stipend thereof due for the crop of 1691 at their lordships’ disposal, 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 Thomas Strachan they allow the petitioner the above stipend of the parish of Kinloch for the whole crop and year of God 1691, and ordain him to be readily answered obeyed and paid thereof by the heritors, feuars, wadsetters, liferenters and others liable in payment of the same, and ordain letters of horning at his instance against them for that effect, he producing a decreet of locality, and in case there be none ordain these liable to make payment of there represented proportions, according as they shall be decerned by the judge ordinary.

1. NRS, PC1/47, 562.

2. Sic.

1. NRS, PC1/47, 562.

2. Sic.

Act, 5 January 1692, Edinburgh

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Act Mr Antonie Murray for half a years stipend of Dunsyre for the year 1691

The Saids Lords of their Majesties privie Councell Having againe Considered the above petitione given In to them Be the said Mr Robert Skeen with the Ansuers made therto Be Mr Anthonie Murray They Find that the said Mr Anthonie2 hes right to the stipend of Dunsyre for the first half of the Cropt and year of God Jaj vjc Nyntie one and preceeding Conforme to the Late Act of parliament restoring presbyterian Ministers And ordaines him to be readily ansuered obeyed and payed therof Be the Heretors fewars wodsetters Liferenters Fermers titulars tacksemen of teynds tennents possessors and others by lyable in payment of the said stipend for the forsaid space And ordaines Letters of horning to be direct heir upon at the Instance of the said Mr Anthonie upon productione of a decreit of Locality and in case ther be none ordaines the Heretors and others forsaids to make payment to the said Mr Anthonie of the forsaid stipend for the space above specified According as they shall be decerned by the Judge ordinary

At Edinburgh 5 January 1692

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Act for Mr Anthony Murray for half a year’s stipend of Dunsyre for the year 1691

The said lords of their majesties’ privy council having again considered the above petition given in to them by the said Mr Robert Skeen, with the answers made thereto by Mr Anthony Murray, they find that the said Mr Murray has right to the stipend of Dunsyre for the first half of the crop and year of of God 1691 and preceding conforming to the late act of parliament restoring presbyterian ministers, 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 by liable in payment of the said stipend for the foresaid space, and ordain letters of horning to be directed hereupon at the instance of the said Mr Murray upon production of a decreet of locality, and in case there be none ordain the heritors and others foresaid to make payment to the said Mr Murray of the foresaid stipend for the space above specified, according as they shall be decerned by the judge ordinary.

1. NRS, PC1/47, 561.

2. Sic.

1. NRS, PC1/47, 561.

2. Sic.

Act, 5 January 1692, Edinburgh

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Act Mr Robert Skeen for stipend

Anent a petitione given In to the Lords of their Majesties privie Councell Be Mr Robert Skeen Late Minister at Dunsyre Sheuing That wheras the petitioner was after whitsunday Jaj vjc eightie nyne necessitat to remove from the church and manse of Dunsyre with his Eight motherless children he having noe other stock but the good providence of God to support them And when the petitioner expected in this present year Jaj vjc nyntie one to have shared of the Benigne influences of their Lordships favour and goodness Togither with other Ministers to whom their Lordships were pleased to shew favour The petitioners Circumstances pleading pity and compassione beyond many others yet the petitioner was sadly prevented by Mr Anthonie Murray minister at Coulter who had upon the fifteenth of october Jaj vjc nyntie made applicatione to the saids Lords and obtained a Gift of the said stipend of Dunsyre for the years Jaj vjc Eightie nyne and Jaj vjc and nyntie He alleadging in his petitione That he was now minister of Dunsyre and had for the forsaids years performed all the parts of the ministeriall functione ther And that the petitioner was removed from the Church of Dunsyre before the threttine of Apryle Jaj vjc Eightie nyne The Contrary of all which is soe nottourly knouen That the petitioner is able to make it appear Thus the petitioner finding himself precluded from his right and the verie half years stipend Jaj vjc Eightie nyne for which he had actuallie served And being Informed that the Church of Morum was vaccant since Jaj vjc Eightie Eight Did therfore in March last give in a petitione to be presented to their Lordships Craving a pairt of the stipends of Morum in Liew of his oune which was Gifted to Mr Anthonie Murray In manner forsaid But before the petitioner could be heard the Heretors of that paroch obtained the Gift of it and so the petitioners bill was not read for ought he knoues wherthrough the petitioner and his poor children are Left in a most Indigent and starving condition unles their Lordships Grant him some means of subsistance aither out of the stipends of Dunsyre or Coulter which last place hes been vaccant the tuo forsaid years For albeit Mr Anthonie Murray doeth lykewayes also claime and Intermedle uith the stipends of Coulter for the year Jaj vjc Eightie nyne and nyntie as minister of that paroch Be vertue of the Act of parliament reponing him thogh all that tyme he never went to preach soe much as once to that poeple yet seing in his petitione upon which he procured the stipends of Dunsyre He acknouledges the church of Coulter vaccant and designes himself sometyme Minister of Coulter etc Importing that he had Renunced all tytle therto And since at once He Cannot be both minister at Coulter and Dunsyre nor in Law have a right to tuo distinct benefices for which he never served it necessarly folloues that one of these churches is still vaccant and the stipend therof at their Lordships disposall Besyds now the said Mr Anthonie Murray hes quyte deserted Dunsyre Having removed with his wyfe the fourteenth of Agust last to duell at Coulter wher he getts the whole stipend of the year Jaj vjc nyntie one And now ther is noe Minister wher the petitioner served And soe the stipend ther for this present year Jaj vjc nyntie one is vaccant and at their Lordships gift as being in the Kings patronadge And therfore Humbly Craving their Lordships In consideratione of the premisses and in regaird of the starving Conditione of the petitioner and his motherless children to allow him such a pairt of the stipend of Coulter for the tuo forsaids years as their Lordships shall think just or otherwayes to Grant him the Stipend of this present year Jaj vjc nyntie one of the Church of Dunsyre which is now vaccant through the removall of the said Mr Anthonie Murray to Coulter the fourteenth of Agust last wher he getts the whole stipend of that Church for this present year Jaj vjc nyntie one as the said petitione Bears The saids Lords of their Majesties privy Councell Having considered this petitione Given in to them be Mr. Robert Skeen late Minister at Dunsyre with the Ansuers given in therto for Mr Robert Antonie2 with the act of Councell and Decreit of preference before the session in favoures of the said Mr Antonie They allow the petitioner the stipend of the kirk of Dunsyre for the last halfe of the Cropt and year of God Jaj vjc nyntie one And ordaines him to be readily ansuered obeyed and payed therof Be the Heretors Fewers wodsetters Liferenters fermers 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 heirupon at the petitioners instance for that effect He alwayes producing a Decreit of Locality and in cass ther 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 5 January 1692

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Act for Mr Robert Skeen for stipend

Concerning a petition given in to the lords of their majesties’ privy council by Mr Robert Skeen, late minister at Dunsyre, showing that whereas the petitioner was after Whitsunday 1689 necessitated to remove himself from the church and manse of Dunsyre with his eight motherless children, he having no other stock but the good providence of God to support them, and when the petitioner expected in this present year 1691 to have shared of the benign influences of their lordships’ favour and goodness, together with other ministers to whom their lordships were pleased to show favour, the petitioner’s circumstances pleading pity and compassion beyond many others, yet the petitioner was sadly prevented by Mr Anthony Murray, minister at Coulter, who had upon the fifteenth of October 1690 made application to the said Lords and obtained a gift of the said stipend of Dunsyre for the years 1689 and 1690, he alleging in his petition that he was now minister of Dunsyre, and had for the foresaid years performed all the parts of the ministerial function there, and that the petitioner was removed from the church of Dunsyre before the thirteenth of April 1689, the contrary of all which is so well known that the petitioner is able to make it appear, thus the petitioner finding himself precluded from his right and the very half year’s stipend 1689 for which he had actually served, and being informed that the church of Morhum was vacant since 1688, did therefore in March last give in a petition to be presented to their lordships craving a part of the stipends of Morhum in lieu of his own, which was gifted to Mr Anthony Murray, in manner foresaid, but before the petitioner could be heard the heritors of that parish obtained the gift of it, and so the petitioner’s bill was not read for ought he knows wherethrough the petitioner and his poor children are left in a most indigent and starving condition unless their lordships grant him some means of subsistence either out of the stipends of Dunsyre or Coulter, which last place has been vacant the two foresaid years, for albeit Mr Anthony Murray does likewise also claim and intermeddle with the stipends of Coulter for the year 1689 and 1690 as minister of that parish by virtue of the act of parliament reinstating him though all that time he never went to preach so much as once to that people, yet seeing in his petition upon which he procured the stipends of Dunsyre he acknowledges the church of Coulter vacant and designs himself sometime minister of Coulter etc, importing that he had renounced all title thereto, and since at once he cannot be both minister at Coulter and Dunsyre, nor in law have a right to two distinct benefices for which he never served, it necessarily follows that one of these churches is still vacant and the stipend thereof at their lordships’ disposal, besides now the said Mr Anthony Murray has quite deserted Dunsyre, having removed with his wife the fourteenth of August last to dwell at Coulter where he gets the whole stipend of the year 1691, and now there is no minister where the petitioner served, and so the stipend there for this present year 1691 is vacant and at their lordships’ gift as being in the king’s patronage. And therefore humbly craving their lordships in consideration of the premises and in regard of the starving condition of the petitioner and his motherless children, to allow him such a part of the stipend of Coulter for the two foresaid years as their lordships shall think just or otherwise to grant him the stipend of this present year 1691 of the church of Dunsyre which is now vacant through the removal of the said Mr Anthony Murray to Coulter the fourteenth of August last where he gets the whole stipend of that church for this present year 1691, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by Mr. Robert Skeen, late minister at Dunsyre, with the answers given in thereto for Mr Anthony Murray with the act of council and decreet of preference before the session in favour of the said Mr Murray they allow the petitioner the stipend of the kirk of Dunsyre 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 hereupon at the petitioner’s instance 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 petitioner for the said half year, according as they shall be discerned by the judge ordinary.

1. NRS, PC1/47, 560-1.

2. Sic.

1. NRS, PC1/47, 560-1.

2. Sic.