CVIII: Contract between Archbishop and College concerning the Blackfriars Kirk (1635)

CVIII. Contract between the Archbishop of Glasgow, with consent of his chapter, the Provost, Bailies, and Council of the Burgh of Glasgow, and the Principal, Regents, and Masters of the College of Glasgow, as to Blackfriars Kirk. Glasgow, 6 June 1635.

At Glasgow, the sext day of Junij, the yeir of God j^m vj^c and threttie fyve yeiris. It is appointit, aggreit, and finallie concordit betwix the richt reverend and honourabill pairties vnderwritten, to witt, Patrik, Archbishop of Glasgow, with advyse and consent of the deane and chapter of the said bishoprik, on the first pairt; Patrik Bell, provest, James Hamiltoun, Niniane Andersone, baillies of the said burgh for the tyme, Johne Barnes, deane of gild, Johne Mershell, thesaurar thairof, and Gabriell Cunnynghame, Maister Williame Stewart, Colene Campbell, George Mure, Walter Stirling, Johne Andersone, elder, Walter Douglas, Thomas Morsoune, Williame Neilsone, Johne Andersone, youngar, John Maxwell, William Howie, Gawin Nisbit, deacone convener, Henrie Glen, George Porterfield, Robert Campbell, Niniane Gilhagie, elder, Johne Sheillis, Richart Allane, James Colquhoune, James Padie, James Ogilvie, Niniane Gilhagie, younger, Thomas Scott, present counsellours of the said burght and citie, for thameselffis and thair successouris, provest, baillies, councill and communitie of the said burght, on the second pairt; Doctor Johne Strang, principall of the colledge of Glasgow, Maisteris George Young, Johne Ray, Williame Wilkie, and James Forsyth, regentis and maisteris of the said colledge, with advyse and consent of Mr Johne Bell, ane of the ministeris of the said burght of Glasgow, rector of the Vniversitie of the said Colledge, and Doctor James Eliot, ane other of the ministeris of the said burght and citie, deane of facultie, for thame and thair successouris in thair offices and plaices in all tym coming, on the third pairt; in maner, forme, and effect as efter followis, that is to say, Forsamekill as the saidis parties, considdering that thair is ane kirk within the said burgh callit the Blackfriar Kirk, lyand contigue adjacent to the said colledge of Glasgow, whilk is now altogidder ruinous and decayit, and that it wald be verie chairgeable to the said colledge of Glasgow, principall and regentis thereof, to vphold or re-edifie the samin, and they haue renunceit and disponit the samin kirk to the provest, baillies, councill and communitie of the said burgh of Glasgow and thair successouris for ever, conforme to ane disposition made thairvpone, with consent of the said rector and deane of facultie, off the dait the ffourt day of Junij, the yeir of God j^m vj^c and threttie-fyve yeiris, with frie ishe and entrie thairto, and that the inhabitantis within the said burgh, throu the pious care and labour of the said most reverend father in God, hes contribute certaine great sowmes of money to be bestowit upone heritabill securitie be the saidis provest, baillies, and counsall of the said burght of Glasgow, for to help the mantenance of the minister and reidar serving the cure at the said kirk, and that the said burgh of Glasgow is now of intentioun not onlie to re-edifie and repair, bot lykwys to amplifie and inlarge the said kirk upone thair awin proper chairges and expensis, and to provyd the samin with and minister, and to secure him and his successour in ane constand stipend off ane thousand merkis be yeir, besyd the mantenance of and reidar to serve in the said kirk, and all the foirsaidis pairties contractaris with the said burgh of Glasgow, acknowledging that thair pious workis and religious intention aboue specified meritis and deservis that thay have the patronage of the said kirk establishit in thair personis, and to the effect that the samin may be laufulie establishit in thair persones as said is: Thairfore the saidis principall and regentis of the said Colledge of Glasgow, as haveing richt to the said kirk callit Blackfrier Kirk, with consent of the rector and deane of facultie foirsaid, and als with consent of the said richt reverend father in God, Patrick, Archibishop of Glasgow, and of the deane and chapter of the said archibishoprik, as lykwyse with advyse and consent of the saidis provest, baillies, deane of geld, thesaurer, and persones of counsall foirsaids off the said burgh and citie, and thay all with ane mutuall consent and assent, hes made, constitut, and ordanit, as be the tennour heirof, makes, constitutis, and ordanis Mr Williame Douglas, maissour, and ilk ane of thame conjunctlie and severallie, thair verie laufull vndoutit and irreuocable procuratoris, actoris, factoris, commissionaris, and speciall eirand beiraris, to the effect wnderwritten, geving, granting, and committing to thame, and ilk and of thame, conjunctlie and severalie, their verie full, frie, plane, power, generall and speciall command, expres bidding and charge, for thame and in thair names and upone thair behalffis, to compeir befoir the rich excellent, richt heiche and michtie Prince Charlis, be the grace of God King of Great Britannie, France, and Ireland, Defendar of the Faith, our Souerane Lord, or befoir his hienes successouris, or thair commissiounars quhatsumeuir having power to ressave resignationes in thair names for the tyme, and thair with sick dew reverence and humilitie as becumis, to resigne, renunce, surrander, and simpliciter upgive, overgive and delyuer, puirlie, and simplie, be stalff and bastown, as use is, all and haill the said kirk, callit the Blackfrier Kirk, situat and lyand in maner foirsaid, togidder with all richt the saidis persones, or ony ane of thame, hes or may pretend thairin in tyme coming, in the handis of our Souerane Lord, the Kingis Majestie or his Hieness successouris, or thair commissiouners quhatsumevir having power to ressave resignationes for the tyme, to the effect his Majestie and his Hienes successouris may erect the said Kirk of Blackfreirs in ane paroche kirk, and may confer and dispone the patronage of the samin kirk in fauouris of the said toune of Glasgow in tyme coming, to the end the provest, baillies, and counsall thairof, now being and that sal happen to be for the tyme, may present to the said Archibishop of Glasgow and his successouris, als oft and sua oft as the said kirk sall vaik ane sufficient and qualifiet persone to be tryit and examinat in his literatour and conversatioun, and being fund qualifiet to be admittit be the said Archibishop and his successouris to the ministerie and stipend of the said kirk, and to ressaue collatioun and institutioun thairvpoune from him and his foirsaidis; quhilk kirk foirsaid, with all rich, titill and entres the foirsaidis pairties, or ony ane of thame, hes or may pretend thairto in tyme comying, thay all with ane mutuall advyse and consent be thir thair letteres of procuratorie and resignatioun resignis, surranders, and upgives in the handis of our said Souerane Lord, the Kingis Majestie and his Hienes successouris and thair commissionouris in fauouris and to the effect abovmentionat, actis, instrumentis and documentis thairvpon to ask, lift, and rais, and generallie all and sindrie other thingis to do, exerce, and vse anent the premisses, that to the office of procuratarie in suche caices of the law or consuetude of this realme is knawin to pertene or that thay micht do thamesellffis and thay wer personalie present, firme and stable halding, and for to hald all and quhatsumevir thingis thair saidis procuratouris in the premissis in thair names richteously leidis to be done under the pane of law: With the speciall provisioun and conditioun that the dispositioun maid be the saidis principall and regentis with consent of the said rector and deane of facultie of the said kirk to the said burgh, and this contract abouewrittin, and the said most reverend father in God his consent to ather of thame in the erecting of the said kirk of the Blackfreirs in ane severall paroche kirk, and his resignatioun of the samin in his Majesties handis to the end the patronage thairof may be disponit to the said toune and citie of Glasgow, sall nawayis be hurtful nor prejudiciall to the said Archibishop of Glasgow nor his successouris in ony of thair fruitis, rentis, levingis, annuellis, landis, tythes, tenementis, houssis, biggings, yairdis, orchardis, emolimentis, proffitis, dewties, chaiplainries, prebendaries, altarages, foundit in the cathedrall kirk of the said archibishoprik be quhatsumeuer patrone, quhaireuer the samin ly, and quhairsoever the samin wes vpliftit of before, or addettit furth of quhatsumever hous within the said citie, dottit to quhatsoever chaiplainaries, altarages, and kirkis belanging to the said archibishoprik and vtheris quhatsoever, pertening or that may be knawin to pertene to the samin archibishoprik; and speciallie with expres provisioun and conditioun that the saidis dispositioun and erecting of the said Kirk of Blackfreiris in ane paroche kirk and granting of the patronage thairof as said is, sall nawayis be prejudiciall nor hurtfull to the said archibishoprik or his successouris in thair teyndis of the personage and vicarage of Glasgow, or in ony pairt of thair patrimonie quhatsoeuer; as also thir presentis sall nawayis be hurtfull nor prejudiciall to the said Colledge of Glasgow in ony pairt of thair rentis, levingis, annuellis, altarages, chaplanries, prebendaries, or any vther dewties quhatsoever belanging to thame in ony maner of way quhatsoever, or in ony vther reservatioun, provisioun, and conditioun, mentionat in the said disposioun: And for the mare securitie, the saidis pairties ar content and consentis thair presentis be actit and registrat in the buikis of counsall and sessioun, to have the strenth of ane act and decreit of the lordis thairof interponit thereto with letteres and executoriallis neidfull to be direct heirvpone, and to this effect constitutes Mr James King, David Heriot, and Johne Sandelandis thair procuratoris conjunctlie and severalie. In Witnes Quhairof thir presentis ar writtin be Johne Cullen, writtar in Glasgow, thay haue subscryvit as followis, viz^t., day, yeir, and place foirsaidis, befoir thir witnesses, Mr. James Lyndsay, sone laufull to the said reverend father in God, Patrik, Archibishop of Glasgow, Mr Robert Bell, sone laufull to Mr Johne Bell, ane of the ordinar ministeris thairof, Robert Mure, wright, burgess there, and Quintene Rankene, messour there, witnesses to the subscriptioun of the archibishop; and befoir thir witnessis to the subscriptiounes of the saidis provest, baillies, and counsall of the said burgh, Mr Johne Huchesone, clerk thairof, and William Yair, his seruitor; and to the subscriptioun of the saidis principall, regentis, and deane of facultie, Henrie Stirling, Johne Weir, and Archibald Glasgow, studentis in the said colledge. [Sic Subscribitur:] Glasgow, Mr James Hamiltoun, deane, Mr Ard. M'Clauchlane, Lus, Mr J. Cunynghame, Cumnok, Mr Wm. Nisbet, Torboltoune, Mr J. Sharpe, presentor, J. Hay, Renfrew, M. R. Watsone, Cardross, M. Reid, Askkirk, Mr J. Andersone, Carnweth, Jn. Lyndsay, Carstairis, M. J. Bell, Eglishame, M. Annand, Air, Mr James Gillespie, Killerne, M. Birsbane Erskine, Mr P. Cambuslang, Mr A. Forbes, cancellarius, Jo. Strang, Govane, Ro. Maine, Mr Thomas Bannatyne, Douglas, Patrik Bell, provest, James Hamiltoun, baillie, Niniane Andersone, Johne Barnes, Williame Stewart, Colene Campbell, George Mure, Thomas Morsoune, Robert Campbell, J. Maxwell, Williame Howie, Walter Douglas, Jo. Andersone, Williame Neilsone, Gawin Nisbit, Waltir Stirling, Henrie Glen, Richart Allane, J. Colquhoun, James Padie, Thomas Scott, Jo. Strang, principall, Geo. Young, Jo. Ray, Wil. Wilkie, J. Forsyth, Mr Johnne Bell, rector, J. Eliot, d. facult., Henrie Stirling, witnes, Jo. Weir, witnes, Archibaldus Glasgow, witnes, J. Lyndsay, witnes, Mr Robert Bell, witnes, Robert Mure, witnes, Q. Rankeine, witnes.