[A1641/8/34]*[print] [email] [cite] [preceding] [following]
Commission for the teinds and ministers' stipends
Our sovereign lord, with consent of the estates of parliament, considering that there was a commission passed in parliament in the month of June 1633, chapter 19, for valuation of teinds, planting of kirks with competent maintenance and other uses mentioned in the said act, and that albeit the said commission has made good progress, yet a great part of the teinds of the kingdom are not valued and a great many of the kirks not yet provided with a competent maintenance. And that also in this present parliament humble supplication and reference has been made from the general assembly of the kirk and their commissioners to have commission renewed with the additions and extensions after-specified, namely: that too large and spacious kirks and parishes may be disjoined and separately planted and new kirks built and erected, and competent provisions appointed for ministers thereof, and that divisions of parishes already in use but not established yet by law may be authorised and provided; that kirks incommodiously situated may be changed to a more commodious part of the parish; that parts and portions of parishes may be disjoined from their proper parish kirks and joined and united to the next and closer parish church; and also that parishes lying contiguous may be united together upon the provision and restrictions after-following; that augmentation of stipends may be granted to ministers who got not the benefit of the last commission; that ministers of bishops' kirks, college kirks, collegiate kirks and other kirks whatsoever of whatsoever nature and quality without any exception, and all ministers who have not sufficient maintenance already appointed to them by virtue of the said former commission and according to the conditions contained therein, may be provided with a competent maintenance; that schools may be planted in every parish and a competent stipend appointed for maintaining the schoolmasters; that order may be set down for furnishing of the elements to the communion twice in the year or more often where they are not provided at all or not sufficiently provided, and for supplying the charges of the commissioners of the general assemblies; as also for appointing manses and glebes to ministers. For the which and other causes after-specified, it is necessary that power and commission be given from his majesty and estates to the effect underwritten. And therefore his majesty, with consent of the estates, has granted and by this commission grants full power and commission to the persons following after, namely:
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To meet and convene at Holyroodhouse or Edinburgh or such other places as shall be appointed by them at such times and diets as they shall appoint, and there to prosecute and follow forth the said former commission in the whole heads and articles thereof so far as the same is not expressly changed and altered by any clause or clauses of this present act or of any other acts in this parliament. And also to appoint and determine upon the other additions after-following joined and added by this commission to the said former commission in manner following, namely: to value and cause value whatsoever teinds great or small, parsonage or vicarage, of whatsoever lands, fishings and others within this kingdom liable to the payment of the teind of whatsoever nature and quality the same be of (except as is after excepted) which are as yet unvalued. And also to receive the reports from the sub-commissioners appointed within each presbytery of the valuation of whatsoever teinds, lands and fishings and others liable to teind as said is led and deduced before them according to the tenor of the subcommissions directed to that effect, and to allow or disallow the same accordingly as the same shall be found agreeable or disagreeable from the tenor of their subcommissions. And for the better completing and advancing of the said valuations, with power to appoint committees or subcommittees of their own number to receive the reports of the said valuations made or to be made, and to receive, admit and examine witnesses, and to take parties' oaths with their depositions where the same is referred to oath, and to give such further power to the said committees or subcommittees of their own number as they shall think fit for the good of the work and speedy furnishing of the same. And also with power to them if need be to appoint sub-commissioners not being of their own number within any parish or presbytery of the country for leading and deducing of the said valuations, and to receive the reports thereof, allow or disallow of the same. And generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations, rectifying thereof and for small closing of the same, and also with power to the said commissioners or any after the closing and allowance of the valuations of each kirk and parish, or at least the exact diligence of the ministers done to that effect, to appoint, modify and set down a constant and local stipend and maintenance to each minister to be paid out of the teinds of each parish where it may be had according to the tenor of the act made relating thereto. And also with power to the said commissioners to disjoin too large and spacious kirks and plant them separately, and to build and erect new kirks and appoint competent provisions for the ministers to change kirks incommodiously situated to a more commodious part of the parish; to disjoin and dismember such parts and portions of parishes lying contiguous and whereof a part is far distant from the proper parish kirk and more near and closer to the next adjacent and contiguous parish kirk from their own proper parish kirk from which the parts and portions are further distant, and to unite and adjoin them to the other parish kirk to the which they are more closer. And also to unite kirks and parishes lying so near others and being of so little bounds and small number of parishioners that the union of them shall be found more useful and conducible for the good and use of the parishioners of both the kirks and their edification; providing that both the dismembering of the one part of the said parishes in case foresaid and the uniting of kirks and parishes of the quality above-specified be done upon the special recommendation of the presbytery where the said parishes lie, given in in writing after they have heard the parishioners of both kirks relating thereto and no otherwise. To grant augmentation of stipends to ministers who got not the benefit of the last commission and to ministers of bishops' kirks, college kirks, collegiate kirks and to any ministers who have not sufficient maintenance already as said is. To plant schools in every parish and appoint competent stipends for maintaining the schoolmasters. And to set down a solid order and take course for furnishing the elements to the communion twice in the year or more often where they are not provided at all or not sufficiently provided and where the teinds of each parish are not sufficient to make up the said provisions and maintenance to the several uses of kirks, schools and others respectively foresaid. In that case the king's majesty, with consent of the estates, grants power to the said commissioners to appoint and supply the same out of the rents of the prelacies or out of other kirk rents possessed before by archbishops, bishops, deans and subdeans and now vacant by removing and abolishing of the said offices within the which prelacies the kirks, schools and others foresaid lie. And to appoint manses and glebes to ministers in parishes already erected where there have not been any appointed before, and to change and appoint new manses and glebes where the manses and glebes appointed before are decayed or become unprofitable or upon other necessities which are hereby referred to the consideration of the foresaid commissioners. And also to appoint manses and glebes in parishes to be erected by division of the large parishes as said is. And also to appoint manses and glebes in parishes where there are no kirk lands with pasturage, winter grazing, fuel, fail, divot, loning†, free access and entry. And also with power to them to appoint and provide for such other pious uses in each parish as the estate thereof may bear. And specially to take to their care and consideration the estate of the colleges: to advise, consult and determine regarding the means and ways how the same may be competently provided and supplied, and specially out of the rents pertaining to bishoprics and prelacies and other kirk rents foresaid. And also with power to them to advise, take course and determine in all things referred to them by any particular act or reference from this parliament, and also to take order for paying of the charges of the commissioners to the general assemblies and of the commissioners directed by the general assemblies to attend the parliament out of the said prelacies and others foresaid. And also with power to the said commissioners as said is to take order that every heritor and life-renter of land having right thereto by infeftment of liferent, right of terce or by bond or contract for infeftment of liferent shall have the leading of their own teinds, parsonage and vicarage thereof, they paying the price contained in the act above-specified, in case they be willing to buy the same from the titular having power to sell or otherwise paying the rate of teind expressed in the acts made relating thereto. And to that effect with power to the said commissioners to set down the price of sellable teinds according to the worth thereof in each part of the country where the same grow and are bred. And also with power to them to set down such good and ample securities as may stand by law both for the buyers of the teinds, to the effect the titulars of the teinds may be fully deprived in their favour, and also for security to the titulars and sellers of the price due to be paid to them for the said teinds. And also to set down the security in favour of the titular and of the ministers so far as concerns the maintenance assigned to them for good, thankful and timeous payment of the rate of teind where the same are not or cannot be sold. And also with power to the said commissioners to discuss and determine all questions which may arise between the titulars and heritors regarding the price of the teinds according to the nature and quality of the rights to be sold, whether the same be heritable or temporal, and to proportionate the price accordingly. And also to divide the price of teind between the heritors and life-renters thereof and between titulars and tacksmen and others who have separate and distinct rights to the said teinds sellable according to the quality of the rights. And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles, to the effect that they may be lawfully deprived thereof in favour of the said heritors and life-renters respectively, without prejudice always to his majesty's annuity to be paid out of the said teinds by the said titulars of teinds or heritors or life-renters of lands according to the tenor of the act of annuity. And generally with power to the said commissioners to decide and determine in all other points which may concern the leading and drawing of teinds, the selling and buying of the same or payment of the rate thereof contained in the acts of parliament made relating thereto. And whereas it may fall out that some of the commissioners now appointed by his majesty and estates may be unable to attend the service through death, sickness or some other notorious and known impediments, therefore his majesty reserves to himself the nomination of such other persons in their places as his majesty shall think fit by the advice of the other commissioners, who must receive and admit them upon the said commission and take their oaths for faithful discharge of the same. And his majesty and estates ordain this present commission to endure to the [...] and further enduring his majesty pleasure until the same be expressly discharged by his majesty's warrant with consent of the estates to that effect. And his majesty, with consent of the estates foresaid, finds, declares and ordains the acts, decreets and ordinances of the commissioners foresaid and of the other persons who shall be surrogate in their places by his majesty in manner foresaid in the whole particulars above-specified and every one of them to have the force, strength and authority of a decree, sentence and act of parliament. And ordains the lords of session to grant and direct letters of horning, poinding and others thereupon on a simple charge of 10 days or otherwise as shall be found necessary either for clearing of all doubts and difficulties which may arise regarding the rectifying of valuations or other particular heads following. His majesty and estates have declared and declare that where valuations are lawfully led against all parties having interest and allowed by the former commissioners according to the order observed by them, that the same shall not be drawn in question nor rectified upon pretence of severe harm at the instance of the minister, not being titular, or at the instance of [Sir Thomas Hope of Craighall], his majesty's advocate, for and in respect of his majesty's annuity unless it be proved that collusion was used between the titular and heritor or between the procurator fiscal and heritors and titular; which collusion is declared to be where the valuations are led with diminution of the third of the just rent presently paid, and which diminution shall be proved by the parties' oaths. It is always declared that the provisions of the former commission so far as they are conceived in favour of the colleges, hospitals and ministers are herein renewed. As also that ministers serving the cure who lead their teind and that colleges, schools and hospitals be not constrained to sell, set or convey their teinds in prejudice of their successors. Likewise the king's majesty and estates grant power to the said commissioners to do everything necessary for settling and establishing the right of any teinds or rents of the prelacies appointed by them in favour of the said kirks, schools, universities and colleges according to their several divisions; as also to set down rules and ways how the same shall not thereafter be dilapidated or made worse by the titular for the time. And his majesty and estates declare that all his majesty's subjects who are willing to buy their teinds shall be obliged to pay the price thereof contained in the act made relating thereto within the space of two years after the same be valued and approved before the said commissioners. And that after the expiring of the said time, the titulars shall not be compelled to sell the same unless they do it of their own good will and consent, with this declaration always: that in case the impediment enduring the space foresaid flow from the titular by reason of his minority or other inability, in that case the heritor who offers himself ready to buy his swine teind within the space foresaid shall have place so soon as the impediment is removed to buy his teinds notwithstanding of the expiring of the years and space above-expressed. And it is declared that if the heritor be minor and his tutors neglect the buying of his teinds within the space foresaid, the minor shall have action against his tutors for loss and interest, but not action to compel the titular after the expiring of the space foresaid for selling of the said teinds.