Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/3

D1700/3/3¹

Act

Act Cunninghame of Boquhan and others heritors of Gargonock for a steipend

Anent the petition given in to the Lords of his Majesties privy Councill be William Cunninghame of Buquhan one of the heritors of the parochin of Gargonnock Shewing That wher ther are vaccant stipends Still resting within the paroch of Gargonnock as for the second and Micheallmass terme of the year J^aj vi^c nyntie fyve and the whole Stipends of the years J^aj vi^c nyntie six and J^aj vi^c nyntie seven Before the saids kirk was lately planted which vaccant stipends are hitherto undisposed upon, and are Certainly at the disposall of the representatives of the Lord Cardross as undoubted patron as his Chartor therewith produced would testifie and farder the saids stipends yet resting unuplifted are also throw the Surceast of the patron by the late act of parliament of the presbytrie for pious uses within the paroch, Likeas ther are severall pious uses within the paroch such as the Repairing of the kirk and kirk yeard dyke he Likewayes the building of severall necessary bridges within the said paroch as the bridge of Buchquhan Bridge of Bruntoune and the bridge of Pow of Kilbeg, Which bridges are most needfull, being both on the kings high way and Likewayes upon the way to the kirk, and for want of the same not only persones are indangered in pressing the watters the time of Spetts Bot are often times wholly hindered to goe either to kirk or marcat and ther are also severall wayes within the said paroch that need repairation And Seing that the forsaid vaccant Stipends remaineing unuplifted as said is are Consented to be uplifted for the use and ends forsaid by the forsaid Representatives of the Lord Cardross, and all others haveing intrest, And that it is only needfull As use is that the saids Lords authority be interposed for the more effectuall ingathering therof And Therfore Supplicating the saids Lords to the effect aftermentioned As the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Cuninghame of Buchquhan and the Earle of Buchan who is sone to the deceast Lord Cardross being present at the Councill Board, And the saids Lords haveing Considered the Lord Cardross his Chartors Mentioned in and produced with the petition They hereby Allow the vaccant stipend of the above kirk of Gargonnock for the Second and Micheallmiss terme of the year J^aj vi^c nyntie fyve And the haill Stipends of the saids kirk for the years J^aj vi^c nyntie six and J^aj vi^c nyntie seven before the kirk was planted to be Imployed for the pious uses following within the said paroch such as the repairing of the kirk, Kirk yeard dyke of the said paroch As Likewayes the building of Severall necessary bridges within the Same as the bridge of Boquham The Bridge of Bruntoune and the bridge of Pow of Kilbeg And for repairing severall wayes within the paroch which need repairation And Nominates and appoints the petitioner to be factor for uplifting and Imploying the saids Stipends, And Decernes and Ordaines the said William Cuninghame petitioner to be readily answered obeyed and payed of the saids vaccant Stipends by the heritors fewars Wodsetters Lifrentars titulars tacksmen of teynds tennents possessors and others Lyable in payment of the Same And ordaines Letters of horning on fiftein dayes under the Signet of Councill and others needfull to be direct hereon at the said factors instance against the saids heritors and others Lyable in payment of the saids vaccant Stipends upon production of a decreet of Locality; And in case ther be non, Ordaines the heritors and others Lyable in payment of the said Stipends To make payment to the said factor of their respective proportiones therof according as they shall be Decerned by the Judge ordinary In Respect the said factor before extracting hereof has given bond and found sufficient Cautione acted in the books of privy Councill That he shall Imploy the said Vacant Stipends when uplifted for the ends and uses forsaids.