[1681/7/143]¹

Ratification in favour of [William Crichton], earl of Dumfries and [Charles Crichton], lord Crichton

Our sovereign lord and estates of parliament have ratified, approved and confirmed and hereby ratify, approve and confirm the decreet obtained, at the instance of William, earl of Dumfries, heritor of the lands and barony of Cumnock, and titular of the teinds thereof, before the commissioners for plantation of kirks and valuation of teinds, upon 24 July 1667, against Alexander [Burnet], archbishop of Glasgow, Mr John Cunningham, minister at the Old Kirk of Cumnock, Mr Hugh Crawford, late minister at the New Kirk thereof, [...] Dunlop of that ilk, Patrick Crawford of Dalgleish, George Douglas of Garrallan, Hugh Dunbar of Knockshinnoch, John Cathcart of Loanhead, Mr Hugh Cathcart of Waterhead, [...] Haliburton of Craigman, William Crawford of Auchincorie, George Douglas of Stonehouse, William Campbell of Glaisnock, George Farquhar of Catrine, Sir Thomas Wallace of Craigie, knight, James Crichton of Castlemains and Mr Robert Bell of Beoch, whereby the said commissioners for plantation of kirks and valuation of teinds did reduce, retreat, rescind, cass and annul the pretended decreet of erection pronounced by the commissioners for plantation of kirks (for the time) upon 11 July 1650, against certain of the heritors of the said parish of Cumnock, at the instance of Mr Robert Wallace, moderator of the presbytery, Mr Andrew Kerr, advocate, and Mr Robert Dalgleish, agents for the church, by which pretended decreet the said commissioners did erect a New Kirk to be built at the New Castle of Cumnock, annexing the particular lands therein specified to the said New Kirk and modifying a stipend to the minister there, consisting of three chalders of victual, two part of mail and third part of bear, and 500 merks of money, with £30 for the communion elements, to be paid in manner mentioned in the said pretended decreet, and the said commissioners for plantation of kirks and valuation of teinds did decree, appoint and ordain the inhabitants of the said lands to resort and repair to the Old Kirk of Cumnock for hearing of the word, receiving of the sacraments and other public acts of divine worship as formerly, for the reasons mentioned in the said decreet of reduction; and also, a decreet of prorogation pronounced by the said commissioners of parliament for plantation of kirks and valuation of teinds, in favour of Charles, lord Crichton, upon 1 December 1680, relative to a decreet or act of prorogation, dated 28 January 1618, which bears the commissioners for the time, upon production and consideration of a tack of the teinds, parsonage and vicarage of the said parish of Cumnock, dated 23 August 1608, set by Mr James Cunningham, parson and minister of Cumnock, to William Cunningham of Caprington, his heirs and successors therein specified, for the lifetimes and during the spaces therein mentioned, and for payment of the duty therein contained; and in recompense and requital of the further burden and augmentation mentioned in the said decreet or act of prorogation thereby imposed upon the said teinds, in addition to the tack duty, the said commissioners increased and added to the years and spaces of the said tack then to run the space of three other nineteen years successively after others, further than the years and space then to run of the principal tack, and making mention that the right of the said teinds and tack and prorogation thereof is established and now stands in the person of the said Charles, lord Crichton, by which decreet of prorogation pronounced in favour of the said Charles, lord Crichton, the said commissioners for plantation of kirks and valuation of teinds added to the space and years yet to run of the foresaid tack and decreet or act of prorogation of the parsonage and vicarage teinds of the said parish of Cumnock, all and whole the space of five nineteen years successively after others, further of the said teinds both parsonage and vicarage, the entry whereof is, by the said decreet, declared to be and begin at the issue and expiring of the years yet to run of the foresaid tack, and decreet or act of prorogation above-expressed, and the said commissioners did set in tack and assedation to the said Charles, lord Crichton, his male heirs and assignees whatsoever, during all the days, space and years of the said five nineteen years, all and sundry the said teind sheaves and other teinds, parsonage and vicarage of the foresaid parish of Cumnock, with the whole fruits, rents, emoluments and duties thereof, as well predial as personal pertaining and belonging thereto, lying within the diocese of Glasgow and sheriffdom of Ayr, beginning the entry of the foresaid added tack and added years of prorogation thereof immediately after the expiring of the space and years yet to run of the foresaid tack and decreet or act of prorogation above-mentioned, for yearly payment to the minister, serving the cure at the said kirk of Cumnock, of the sum of 1,050 merks Scots money, as is more fully mentioned in the said decreet of prorogation, in the whole heads, articles, clauses and circumstances thereof. And his majesty and estates of parliament statute and ordain this present general ratification to be as valid, effectual and sufficient as if the foresaid decreet of reduction and decreet of prorogation above-mentioned were at length word for word engrossed herein, notwithstanding that the same be not so done; with the which and with all defects and imperfections whatsoever that may be objected against the validity thereof, his majesty and estates of parliament has dispensed and hereby dispense for ever.