[1641/8/320]¹

Act regarding the erection of the kirk of Elie

Our sovereign lord and estates of parliament, considering that the late Sir William Scott of Elie, knight, in his own time had a great mind to build a kirk upon the ground of his lands and barony of Ardross within the town of Elie, lying within the presbytery of St Andrews and sheriffdom of Fife, likewise for erecting and building thereof by his letter, will and testament, he left the sum of 5,000 merks money usual of this realm and destined and appointed the same to be employed for that use; which kirk, since the decease of the said late Sir William, William Scott of Ardross, his son and heir, has caused erect and build within the said town of Elie and has endowed, mortified and conveyed to the minister or parson and his successor ministers or parsons serving the cure thereat, for a constant local and modified stipend to him and them in all time hereafter, and for furnishing the elements of bread and wine for the celebration of the holy communion two separate times yearly at the said kirk, all and whole four chalders of good and sufficient victual, whereof one chalder is oats and three chalders are barley, with 300 merks money of silver usual money of this realm yearly to be uplifted and taken, the victual between Yule and Candlemas [2 February] yearly and the silver to be uplifted and taken at Whitsunday [May/June] and Martinmas [11 November] yearly out of the first and readiest of the parsonage teinds of his lands mentioned in the said mortification made by him relating thereto proportionally and according to division specified therein, which is of the date 17 April last, whereby or by another ticket of mortification of the same date he has also provided the said minister and his successors to a manse and glebe at the said kirk. Likewise the said William Scott has purchased and procured from David [Lindsay], lord Balcarres, undoubted patron of the parish kirk and parish of Kilconquhar, parsonage and vicarage thereof, and from Doctor David Munro, present minister of the said kirk and parson thereof, both with one consent and assent, a procuratory for resigning and demitting of all the whole foresaid advocation, donation and right of patronage of the said parish kirk and parish of Kilconquhar, parsonage and vicarage thereof, in so far as the same concerns or may be extended to all and whole the said William Scott's lands and barony of Ardross, comprehending the lands of Carmurie, Elie and Balclavie, with all their outsets and insets, parts, pendicles and pertinents thereof, and of his lands of Over and Nether Muircambus and easter half of the town and lands of the Newton of Rires, with the parts, pendicles and pertinents thereof, all lying within the sheriffdom of Fife in the hands of our sovereign lord or his highness's successors, his or their commissioners mentioned in the said procuratory, in favour of the said William Scott of Ardross, his heirs or assignees, to the effect the same lands, barony and others foresaid may be united and annexed to the said newly built kirk within the said town of Elie, and erected in a separate kirk and parish in all time coming, to be called the kirk and parish of Elie, and also to the effect the said William Scott and his foresaids may be made and constituted patrons of the said kirk, and heritably infeft and seised therein, as also for new infeftment to be made and given to them thereof by our said sovereign lord or his highness's successors under the great seal in manner contained therein, which procuratory is of the date 6 September instant. And that the said William Scott made known his purpose in erecting of the said kirk and endowing of a competent manse and glebe thereto first to the said presbytery of St Andrews, who did approve thereof as tending to God, his glory and advancement of the kingdom of God, and recommended the same to the provincial assembly of Fife held at Cupar, 3 April last, who also by their act gave their approbation thereto, all which being next remonstrated and shown by the said William Scott to the last general assembly held at Edinburgh, and they supplicated by him for ratifying of the said act of the provincial assembly and recommending the erection of the said kirk to this present parliament, the foresaid assembly by their act and ordinance given and pronounced upon 29 August last, ratified the foresaid sentence of the said provincial assembly of Fife and recommended the erection of the said kirk of Elie to this present parliament. Therefore his majesty and estates of parliament foresaid have ratified and approved and, by the tenor hereof, ratify and approve the mortification above-written made by the said William Scott of Ardross to the said minister or parson and his successor ministers or parsons serving the cure at the said newly built kirk within the said town of Elie of the constant and local stipend above-specified of four chalders of victual, quality foresaid, and 300 merks money foresaid of silver, and of the foresaid manse and glebe, which is of the date above-contained, together with the foresaid procuratory made by the said David, lord Balcarres and Doctor David Munro, both with one consent and assent as said is, to the said William Scott and his foresaids of the date and contents above-rehearsed, and infeftment appointed to follow thereupon, together also with the contracts respectively above-written whereupon the said procuratory proceeded, and whereto the same is made relative, and with the foresaid act, sentence and ratification of the said general assembly of the date foresaid and recommending as said is in the whole heads, articles, clauses, circumstances and conditions thereof, and wills, grants and declares that this general ratification and approbation of the same is and shall be as valid, effectual and sufficient to the said William Scott, his heirs and assignees foresaid, and to the said minister or parson serving the cure thereat, as if the same mortification, procuratory, infeftments, contracts and acts respectively and every one of them were at length and word by word engrossed and set down herein, concerning which his majesty and estates foresaid have dispensed and by this act dispense for ever. And further, our said sovereign lord and estates of parliament have united and annexed and, by this act, unite and annex all and whole the said lands and barony of Ardross, comprehending towns, lands and others above-specified, and the said lands of Over and Nether Muircambus, and easter half of the said town and lands of the new town of Rires, with the pertinents, all lying as said is, to the said newly built kirk within the said town of Elie, and have erected and, by this act, erect the same newly built church in a separate parish kirk and parish in all time coming, hereafter to be called now and in all time coming hereafter, as said is, the parish kirk and parish of Elie, of the which parish the said lands and barony of Ardross, comprehending as said is, and the said lands of Over and Nether Muircambus and easter half of the said new town of Rires, with the pertinents, shall be the bounds and comprehended within the same parish in all time coming. As also his majesty and estates foresaid have made and constituted and, by this act, make and constitute the said William Scott of Ardross, his heirs and assignees foresaid, patrons of the said kirk, advocation, donation and right of patronage thereof, parsonage and vicarage of the same, and ordain him to be heritably infeft and seised therein, according to the said procuratory and tenor thereof, by way of signature and infeftment under his highness's great seal of this kingdom of Scotland, which signature so to be made passed and completed of the said patronage as said is, and of the lands whereto the same shall be thereby annexed (now as if the said signature and infeftment were already passed and completed and then as now) his majesty and estates foresaid have ratified and approved, and, by this act, ratify and approve in the whole heads, articles, clauses, circumstances and conditions thereof, and will, grant and declare that this present general ratification and approbation thereof is and shall be as valid, effectual and sufficient for that effect as if the same infeftment were already passed and completed the great seal and at length engrossed herein; concerning which his majesty and estates foresaid have dispensed and by this act dispense for ever.