Act, 6 October 1697, Edinburgh

Att Edinburgh the Fiffth of Auwgust J^aj vi^c nyntie seven yeirs postmeridiem

D1697/8/10

D1697/8/10¹

Act

Act Innes Against Countess of Kincardine

Anent the petitione given in to the Lords of his majesties privie Counsell be The Countess of Kincairden Shewing that She being undoubted patrone of the paroch kirk of Carnock and haveing therby right to dispose of the vaccand Stipends for pious uses within the parochin Conforme to the acts of parliament She did accordinglie grant a factorie and Commissione to Mr William Erskine to collect and uplift the vaccand Stipends of the said paroch to be applyed for the pious uses particularly mentioned in the said factorie viz for repaireing the bridge called the bridge of Carnock and a Thowsand pund of the said stipend for a fond to a schoollmaister at the said kirk and the remainder for the Support and mentainance of the poor of the paroch And the said Mr William Ereskin haveing persewed the heretors of the paroch befor the Commissars of Edinburgh as Liveing within the Commissariot for ther severall proportiones of the said Stipend In which process ther was a Compeirance for Mr William Innes Late minister at Carnock who prodwced ane act of ther Lordships appointing the vaccand Stipend of the said kirk for the cropt J^aj vi^c nyntie thrie and preceeding to be payed to him which act did proceed in absence of the patron and upon a misrepresentatione that the Stipends had not bein applyed for piows wses in the termes of the act of parliament And narrateing that in that caise the presbetrie had the pouer of disposeall and had actwallie disposed therof to him wheras the petitioner had granted a factory and Commissione for collecting the said stipend to be applyed for the piows wses and ends above mentioned And Its a mistake that the pesbetrie hes any power to dispose of vaccand Stipends be act of parliament except in the caise wher the patron is popish The Commissioners haveing considered both pairties rights they preferred the petitioner And accordinglie the decreit is extracted As the samen with the factorie therwith prodwced hes testified Notwithstanding wherof Mr James Threatens to distress the heretors upon the act of privie Counsell And therfore humbly craveing ther Lordships in respect of the petitioners right of disposall of the said stipend be act of parliament And that accordinglie the petitioner hes disposed theron to recall the former act in favoures of Mr Innes and to discharge dilligence therupon As the said petitione bears Which petitione being this day read and considered be the saids Lords of privie Counsell And answers mad by Mr William Innes They doe heirby refwise the Desyre of the said petitione and adheres to ther former act or interloqwitor pronunced in Mr William Innes his favoures And in place of two Hundereth merks of victwall Stipend decerned against Henry Wardlaw of Lwscar decernes against him for ane hundereth merks And against Henry Wardlaw yownger and John Stobie portioner of Lwscar the Lyke Sowme of Ane hundereth merks And ordaines Letters of horneing on fiftein dayes and others wnder the Signet of privie Counsell to be direct against the saids persones for payment of the respective Soumes foirsaids