Decreet, 29 December 1698, Edinburgh

Att Edinburgh the tuenty eight day of June J^aj vi^c nyntie eight years

D1698/6/21

D1698/6/21¹

Act

Act Adam Craick

Anent the petition given in to the Lords of his Majesties privie Councill By Adam Craick of Ardbigland within the parochine of Kirkbaine in the presbytrie of Drumfreis with Consent of the said presbytrie Shewing That the said kirk having been vaccant for these severall years bypast Is therby with the manse belonging to the Same, became altogither ruinous so as the kirk Cannot be gott planted untill it be repaired and a Convenient habitation be provyded for by the Minister And albeit by the 18 Act parliament 1685 and severall other acts of parliament Since the revolution It be expressly provyded that vaccant Stipends Shall in the first place be Imployed for repairing of Kirk Kirkyeard dykes and manse of the saids paroches and other pious uses uithin the Same yet the Laird of Kirkhouse upon pretence of being patron tho a knouen papist hes taken upon himself these severall years bypast to dispose upon the vacant Stipends of the said paroch for ends quyte Contrair and different and not appointed by Act of parliament And even this year is about to dispose of the same for payment of his oun privat debts And Seing at the desire of the presbytrie by whose Advyse and Consent the Superplus of vacant Stipends wher the patrons are papists are to be disposed of Conform to the 23 Act parliament 1696 The petitioner hath been prevailled with to apply to their Lordship for ther warrand and authority to Intromett with and uplift the vaccant Stipend of the said paroch of Kirkbane for the Last halfe year preceeding whitsunday 1698 And Lykewayes for the halfe year that shall be due at Mertimes nixt to Come in case the said kirk shall not be planted upon the petitioners Giving bond and finding Sufficient Cautione to apply the samen in the first place for reparation of the kirk kirk yeard dykes and manse at sight of the presbytrie of Drumfreis And to Imploy the Superplus therof upon other pious uses uithin the said parioch by advyce and appointment of the said presbytrie Conform to the Act of parliament And therfor Humbly Craving to the effect underwryten as the said petition bears The Saids Lords Having Considered the forsaid petition They doe heirby Give and allow to the said petitioner the Stipend of the said kirk of Kirkbane and that for the haill Cropt and year of god J^aj vi^c nyntie eight years instant To be applyed by him with advyce of the presbytrie in the first place for repairing of the said kirk kirk yeard dykes and manse of the paroch of Kirkbane and the Superplus upon other pious uses uithin the paroch by advyce and appointment of the said presbytrie of Drumfreis And Decernes and ordaines the petitione to be readily ansuered obeyed and payed of the said years Stipend by the heretors feuars wodsetters Liferenters titulars tacksemen of teynds tennents possessors and others Lyable in payment therof And ordaines Letters of horning on fifteen dayes and others needfull under the Signet of Councill to be direct heiron at the petitioners instance against the heretors and others forsaids Lyable in payment of the Same upon productione of a decreit of Locality And in case ther be none ordaines the heretors and others forsaids to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinary In respect the petitioner before extracting hath Given bond and found Sufficient Caution acted in the books of privie Councill That he shall apply the said stipend of Kirkbane for this haill year J^aj vi^c nyntie eight uith advyce of the presbytrie in the first place for repairing of the said kirk kirkyeard dykes and manse of the said paroch of Kirkbane and the Superplus upon other pious uses uithin the said paroch by advyce and appointment of the said presbytrie