Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/13

D1701/4/13¹

Act

Act Livetenant Collonell Erskine anent the stipends of Culross, Carnock and others

Anent the petition given in to the Lords of His Majesties privie Councill by Livtennant Collonell John Erskine Governor of the Castle of Dumbartain Shewing That wher the petitioner obtained decreit of sale before the Lords of Councill and Session at his instance of the haill Lands Estate and others sometimes pertaining to the deceast Alexander Earle of Kincardin By vertue wherof and by the laues and acts of parliament of this Kingdome The petitioner hes good and undoubted right to the patronages of the Kirks of Culross, Carnock, Torrie and Tullieallan And also to Dispose upon the vaccant stipends of the saids kirks to pious uses within the saids severall paroches And in persewance of his Right of the saids vaccant stipends for applyeing the same for pious uses The petitioner hes granted a Commission To John Crocker for uplifting of the same As the forsaid Decreit of sale with the Commission abovementioend shouen to the saids Lords Doe testifie And seing the petitioner is not as yet Infeft wpon the forsaid Decreit of sale And so his Father cannot use summar execution against the tennents and others subject and lyable in payment of the said vaccant stipend Wherby the saids vaccant stipends may perish in the tennents hands unles remeid were provyded And therefore humbly Craveing To the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Livetennant Collonell John Erskine Governour of the Castle of Dumbartain with the Factorie or Commission by the said Livtennant Collonell to John Crocket in Kinardin mentioned in and produced with the said petition They heirby allow the said Livetennant Collonell John Arskine The haill vaccant stipends of the above four paroches of Culross, Carnock, Torrie and Tullieallan Dureing the whole years and time for which they have bein vaccant And ay and whill the saids kirks be filled up and supplied with Ministers in cace they be still vaccant And Decernes and ordaines the said John Crocket Factor forsaid To be readily ansuered obeyed and payed of the saids stipends by the Heretors Lyfrenters Fermorers wodseters Titulars Tacksmen of teinds tennents possessors and others Lyable in payment therof (The expenses alloued to Ministers who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes alloued to minister who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes allowed and Retained out of the first end of the saids vaccant stipends) And ordains Letters of Horning under the signet of Councill on fyftein dayes to pass heiron at the instance of the said John Crocket Factor forsaid against the Heretors and others forsaid lyable in payment of the saids vaccant stipnds with allouance as said is And that upon production of a Decreit of Locallity And Icaice there be non ordains The heretors and others forsaid To make payment to the said Factor of their Respective proportions of the saids vaccant stipends (allowing of the expenses as said is) according as the same shall be determined by the Judge ordinar