Act, 6 October 1697, Edinburgh

Att Edinburgh the fiftein day of Aprile J^aj vi^c nyntie Seven yeirs

D1697/4/7

D1697/4/7¹

Act

Act Mr William Innes for Stipend

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr William Innes minister at Carnock Shewing That wher the wnited presbetries of Dumfermleing and Kirkaldie by ther act of the date the fiftein of March J^aj vi^c nyntie four yeirs in consideratione that the patron of the kirk of Carnock hade not for severall yeirs from the yeir J^aj vi^c eightie nyn that the said kirk had bein vaccant applyed the vaccant Stipend to piows wses within the paroch But had failled to doe the Same Speciallie for the yeir J^aj vi^c and nyntie thrie besydes other thrie yeirs of the Saids Vaccancies that were then resting and unimployed as said is And the said presbetrie Considering that by the act of parliament J^aj vi^c and nyntie concerning patronadges in caise the patron Should faill in applyeing the vaccant Stipends for piows wses within the paroch It is expresslie provided he Should Lose his right of administratione of the said vaccant Stipend for that and the next vaccancie And the Same Should be disposed of by the presbetrie to the piows wses foirsaid And altho that the petitioner being then placed and ordained minister of the said kirk in the moneth of october then Last did preach constantlie in the said kirk from the terme of Candlemise preceeding except a few Saboths that he was ordered els wher by the presbetrie And that for his Said Laboure he deserved to tbe considered especiallie that Seing that falling to be placed efter Michaelmise through the contentiows oppositione made to him by some heretors the petitioner could not have the ordinarie Legall right to any Stipend till efter Michaelmise J^aj vi^c nyntie four and So much hes served gratis wnles otherwise provided for more then a yeir and ane half And the said presbetrie considering that ther could not be a more piows wse within the paroch then that the Labourer in the ministrie therof Should be Supplyed and Subsisted for his work Therfor the saids presbetries according to the power given them by the foirsaid act of parliament did by the said act dispose and appoint the vaccant Stipend of the said kirk and paroch for the cropt and yeir J^aj vi^c nyntie thrie or atleast the eqwivalent out of the preceeding vaccancies to be payed to the petitioner for his said work and Laboure praying all ther majesties Judges and officers to be assistant to the petitioner therin if need be as accords As the said act of the said presbetries bears And seing that hitherto the petitioner hes receaved no payment of the said Stipend J^aj vi^c and nyntie thrie which extends to the Soume of Ane Thowsand merks Scotts But on the contrair The Earle and Countess Kincairden are demanding the Same as patrons and intend to deprive the petitioner of the Same As also that ther is the Soume of² Nyn Hundereth merks or therby of bygone vaccant Stipends resting and due in the hands of James Cleilland of Pendinnis As also victuall Stipend to the valwe of two Hundereth merks in the hands of Henry Wardlaw of Lwscar both heretors of the said paroch who if awthorized by ther Lordships will pay the Same to the petitioner wherby he will be fried from persueing the haill heretors and others lyable in payment conforme to the decreit of Localitie which would be a great trouble and attendance to the petitioner which he cannot well undergoe being now obleidged to Leave that paroch and to transport himself and familie to Thurso in Caithnes by the act of the generall assemblie And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell with the act of the wnited presbetries of Drumfermeling and Kirkaldie mentioned therin and produced therwith They heirby ordaine the above James Cleilland to make payment to the petitioner of the above Soume of nyn hundereth merks or therby of vaccant Stipends of the said Kirk of Carnock due and resting in his hands And alsoe decernes and ordaines the above Henry Wardlaw of Lwscor to make payment to the petitioner of the Victuall Stipend of the said Kirk to the valwe of two hundereth merks which is in his hands and ordaines Letters of Horneing on fiftein dayes and others necessar to be direct heiron under the Signet of Councill at the petitioners instance against the forenamed persones for the saids soumes