[A1639/8/5]*[print] [email] [cite] [preceding] [following]
Reference for the parish of Birse
To [John Stewart, earl of Traquair], my lord commissioner, his grace, and other lords of articles, we, your servants Sir Alexander Gordon of Cluny, knight baronet, Robert Garden of Tillyfruskie, Robert Farquharson of Finzean, Alexander Ross of Tillisnaught, William Ross of Wester Cluny, Duncan Stewart of Inverchat, John Farquharson of Tillygarmond, Alexander Gradane of Whitestone, Alexander Farquharson of Woodend, Thomas Anderson of Auchaballa, Arthur Ross of Drumneachie, Alexander Gordon of Birsemore, Alexander Turner, elder, and Alexander Turner, younger, portioners of Kinminity, William Turner, portioner, also there, Andrew Malcolm there.
That where the lords commissioners for surrenders and teinds, upon the [...] day of [...] 163[...], being the last day of their sitting, having upon most sinistrous and wrongful information pronounced sentence and decreet against us at the instance of Master John Ross, minister at Birse, determining and ordaining us to make payment and satisfaction to him of certain great sums of money and victual therein specified for the teinds of our lands lying within the parish of Birse. Which decreet being so purchased against us upon the said Master John's misinformation, who made the said lords commissioners to believe that he, we and the whole remainder of his said parishioners of Birse agreed and condescended upon a constant valuation of the teinds of the said parish and so got out the said pretended decreet against us most wrongfully and unjustly, which false and forged information he could never prove nor cannot yet prove, neither by writing nor any other way; likewise the said Master John could justly seek no augmentation in respect of an act made by the said lords commissioners where it was enacted that no beneficed person should crave augmentation of his stipend without his majesty's special warrant had and obtained thereto, which warrant the said Master John never bid and so could seek no augmentation. Which whole premises we are content to verify and prove before the judge ordinary or any other judge or judges appointed or to be appointed by your grace and lordship, for that effect. Therefore we beseech your grace and lordship to take the premises to your serious consideration and to appoint such competent judges and take such course relating thereto as it shall please your grace and lord to think most fit and expedient for settling of such questions and controversies as are depending between the said Master John and us, his said parishioners. And also that you would not permit the said Master John to suit any execution upon the foresaid pretended decreet against us until the time the same be lawfully and sufficiently decided and put to an end. And your grace and lords' answer we humbly desire.
14 October 1639
The foresaid petition being read and voted in presence of the articles, they remit the same, with the process contained therein, to be considered by the commission to be appointed for plantation of churches.