Att Edinburgh the Eleaventh day off October Jaj vjc Nyntie tuo years
A1692/10/4
A1692/10/4
Act
Act Robert Smart for stipend
Anent the petitione given in to the Lords of there majesties privie Councill be Robert Smairt merchand in Fisherraw Shewing That where ane noble Lord John Lord Hay of Yester and Sir John Lauder of Hattoune ane of the senators of the Colledge of Justice by a wreitt under there hand daitted the […] day of september last haveing gifted In favours In favours in favours of the petitioner the vacand stipend of the paroch of Musleburgh and Innerask for the Current year Jaj vjc and nyntie tuo years instant as being at there disposeall in the termes of the Late act of parliament by reasone of the present vacancie of the said church And of there haveing adjudged and standing Infeft in the superioritie of the Regalitie of Mussleburgh and patronadge of the paroch kirk thereof And which gift In favours of the petitioner is with the burden and payment of some necessarie reparationes were made some years since about the ministers manse and is yet resting to the tradesmen and merchands that wrought thereat and furnished the materialls thereto And which vacand stipend is to be applyed to the ends forsaid And for some other pious uses in the parch Conforme to ane obledgement granted be the petitioner to the said Lord Yester and Lord Hattoun And to which the petitioners gift of the vacand stipend relates As the samen produced with the said petitione hes testified And albeit the said vacant stipend sua gifted as aforsaid in the termes of the said act of parliament And that the same is with consent of the present Earle of Lauderdaill his Commissioners who manadges his effairs Dureing his absence Yet that no scrouple nor seeming difficultie may remaine with these Lyable in payment of the said stipend The petitioner Judged it his Interest towards the better effectuating of so pious ane designe In granting of the said gift To Apply to the saids Lords of privie Councill for approbatione thereof for rendering the same more effectuall to the ends forsaids The Supplicant haveing no further Concerne of his oune but the Legall prosecutione of that trust that the patrones have reposed in him in the termes of there said gift and his said obleidgement relative thereto And therefore Craveing to the effect underwritten As the said petitione bears The Saids Lords of there majesties privie Councill haveing considered this petition given in to them be the above Robert Smairt with the gift mentioned therein and produced therewith They hereby approve of the said gift And allowes to the petitioner the stipend of the paroch of Musleburgh and Inneresk in the termes thereof for the haill Current year Jaj vjc nyntie tuo And ordains him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning under the signet of Councill at the petitioners Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines these Lyable To make payment to the petitioner of there respective proportiones of the said stipend for the said haill year Jaj vjc and nyntie tuo according as they shall be decerned be the Judge ordinarie.
At Edinburgh 11 October 1692
A1692/10/4
Act
Act for Robert Smart for stipend
Concerning the petition given in to the lords of their majesties’ privy council by Robert Smart, merchant in Fisherrow, showing that where a noble Lord John Lord Hay of Yester and Sir John Lauder of Hatton, one of the senators of the college of justice, by a writ under their hand dated the […] day of September last having gifted in favour of the petitioner the vacant stipend of the parish of Musselburgh and Inveresk for the current year 1692 instant as being at their disposal in the terms of the late act of parliament by reason of the present vacancy of the said church, and of their having adjudged and standing infeft in the superiority of the regality of Musselburgh and patronage of the parish kirk thereof, and which gift in favour of the petitioner is with the burden and payment of some necessary reparations were made some years since about the minister’s manse, and is yet resting to the tradesmen and merchants that wrought thereat and furnished the materials thereto, and which vacant stipend is to be applied to the ends aforesaid and for some other pious uses in the parish conforming to an obligement granted by the petitioner to the said Lord Yester and Lord Hatton and to which the petitioner’s gift of the vacant stipend relates, as the same produced with the said petition has testified, and albeit the said vacant stipend so gifted as aforesaid in the terms of the said act of parliament, and that the same is with consent of the present [Richard Maitland] earl of Lauderdale his commissioners who manages his affairs during his absence, yet that no scruple or seeming difficulty may remain with those liable in payment of the said stipend, the petitioner judged it his interest towards the better effectuating of so pious a design in granting of the said gift to apply to the said lords of privy council for approbation thereof for rendering the same more effectual to the ends forsaids, the supplicant having no further concern of his own but the legal prosecution of that trust that the patrons have reposed in him in the terms of their said gift, and his said obligement relative thereto, and therefore 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 Robert Smart with the gift mentioned therein, and produced therewith, they hereby approve of the said gift and allow to the petitioner the stipend of the parish of Musselburgh and Inveresk in the terms thereof for the whole current year 1692, and ordain him to be readily answered, obeyed and paid thereof by the heritors, feuers, wadsetters and others liable in payment of the same and ordain letters of horning under the signet of council at the petitioner’s instance against them for that effect, he producing a decreet of locality and in case there be none ordain those liable to make payment to the petitioner of their respective proportions of the said stipend for the said whole year 1692 according as they shall be decerned by the judge ordinary.
