[1672/6/49]*[print] [email] [cite] [preceding] [following]
Forasmuch as his majesties' father, of evir blissed memorie, out of his royall care and zeall for the reformed religion within this kingdome, and the maintenance and provision of the ministry and churches therof, and the peace of the kingdome and for preventing and setling all questions and differences that did or might arise betuixt titulars and others having right to teynds and heritors concerning the leading and drawing of their teynds did, immediatlie aftir his attaining and succeiding to the croune, give furth and emitt his royall declaration anent the premisses, and the other particulars therinmentioned; and in the pursuance of the ends forsaids, diverse lawes and acts of parliament wer maid in the yeir of our Lord 1633, his said majestie being present in his royall persone; and since diverse acts of parliament and commissions have bein, from time to time, maid, given and renewed to that purpose, and yet, by reassoun of the unhappy troubles and distractions of the laite times, that good and necessary worke neither is nore could be throughlie and fully accomplished, and his majestie, being resolved and desireous to prosecute soe good a worke for the universall good of his subjects, and speciallie for the encouragment of the ministers of the Gospell; therfor his majestie, with advice and consent forsaid, gives full power and commission to his majesties' officers of estate for the tyme being, and to the arch-bishope of Sainct Andrews, the arch-bishope of Glasgow, the bishope of Edinburgh, the bishope of Dunkelden, the bishope of Galloway, the bishope of the Isles, the bishope of Breichin, the bishope of Dumblane and the bishope of Aberdein for the clergy; the duke of Hamilton, the earle of Argyll, the earle of Atholl, the earle of Linlithgow, the earle of Queinsberrie, the earle of Tueedale, the earle of Kincairdin, the earle of Dundonnald and the Lord Elphingstoun for the nobilitie; the president of the session, the Lord Colingtoun, the Lord Gosfoord, the Lord Craigie, the laird of Niddrie, the laird of Nicolsone, the laird of Balcaskie, Sir Charles Erskine of Cambo and Sir William Lockhart, for the barrons; Sir Andrew Ramsay, Sir William Thomsone, Sir William Sharpe, Sir Alexander Bruce, John Murray, tutor of Stormonth, Robert Milne, Thomas Calderwood, William Bining and John Johnstoun of Poltoun, for the burgessis, or any eleven of them, wherof two of the clergy, two of the nobilitie, two officers of estate, and two commissioners of shires and two of burghs, of which number, the archbishope of St Andrews, or the lord chancellor, or one of the commissioners of the thesaurarie or the archbishope of Glasgow, or the lord privie seall, or the lord secretary, or the duke of Hamilton or the earle of Tueedale, being allwayes one; to meit and convein at Edinburgh the [...] day of [...] yeirs, and at such other place or places, times or dyets as they shall appoint, to value and cause be valued, whatsoevir teynds great or small, personage or viccarage within this kingdome which are yet unvalued, declaireing that where the viccarage of any parishe is a severall benefice and title from the parsonage, the same shall be severally valued, to the effect the titulars or ministers serving the cuire, having right to the said viccarage, be not frustrated of the true worth therof. With power [also] to the saids commissioners, or quorum forsaid, to appoint committees or sub-committees of their owne number, and to grant sub-commissions, and to receave reports from them and to approve or dissapprove the same, as they shall find just, and to rectifie whatsoevir valuations led or to be led, to the enorm prejudice of the titulars or the hurt and detriment of the kirk, and prejudice of the ministers maintenance and provisions; provided allwayes, lykeas it is heirby expresly provided, that where valuations are lawfullie led against all pairties having interest, and allowed by former commissions, the same shall not be drawne in question nor rectified upon pretence of enorme lesion, at the instance of the minister (not being titular) or at the instance of his majesties' advocat, in respect of his majesties' annuitie, except it can be proven that collusion was used betuixt the titulars and heritors, or betuixt the procurator fiscall and heritors and titulars, which collusion is declaired to be when the valuations are led with the diminution of the thrid pairt of the just rent, which diminution shall be proven by the pairties oath, and with power to the saids commissioners, or quorum forsaid, where ministers are not alreadie sufficientlie provided, or have not locallities assigned to them for their stipends out of the teynds within the paroche where they serve the cuire, in soe fare as the samyn will amount to, according to the quantities, proportions and rules contained in the ninteinth act of the parliament in anno 1633, to modifie, settle and appoint constant locall stipends to ilke minister out of the teynds of the parish where they serve the cuire. With power also to grant recompence, by prorogation of tackes to pairties for the augmentation of stipends, which shall be imposed suteable to the said augmentation, as the saids commissioners shall think just. And siclyke, with power to disjoyne too large and spacious parishes, to cause erect and build new churches, to dismember and annex kirks as they shall think convenient, and to take order that every heritor and liverenter shall have the leading and buying of their owne teynds, if they be willing, according to the rules prescribed by the nynteenth act and commission granted be his majestie, with consent of the estates of parliament, in anno 1633, and the acts of parliament therinmentionat. With power [also] to determine all questions concerning the prices of teynds betuixt titulars and others having right therto and the heritors, and to appoint such securities in favours of the titulars and others having right to the teynds, for the prices to be granted be the heritors or others lyable in payment of the valued dueties, or buyers of the saids teinds, and in favours of the ministers, as to their maintenance, as the saids commissioners shall think fitting, according to the rules sett doune in the said act in anno 1633. And the heritors to have libertie to buy the teynds of their lands which are not valued, within the space of thrie yeirs aftir the dait of this act, with this declaration allwayes: that in case the impediment, dureing the time forsaid, flow from the titular by reasoun of his minoritie or other inabilitie, in that case the heritor who offered to buy his owne teind, within the space forsaid, shall have place soe soone as the impediment is removed, to buy his teynds, notwithstanding of the expyreing of the yeirs and space above exprest. And it is declaired that, if the heritor be minor and his tutors neglect the buying of his teynds within the forsaid space, the minor shall have action for two yeires aftir his minoritie to compell the titular to sell his saids teynds. And generallie with power to the saids commissioners to decide and determine in all other pointes which may concerne the leading and drawing the teynds, the selling or buying of the same, or payment of the rates therof, contained in the acts of parliament, or sett doun in the generall determination given out by his majesties' royall father, of blessed memorie. And if anie persone or persones shall find themselvis grieved and complean of the injustice or exorbitancy of any decreits and sentances given in any of the commissiouns dureing the late troubles, with power to the saids commissioners to take the same to their consideration, and to alter, annull and allow the saids decreits and sentances as they shall find just. And it is allwayes provided and declaired that arch-bishopes and bishopes and other beneficed persones being ministers, and their successors, shall not be prejudged of the rents wherof their predicessors wer in actuall and reall possessioun, and which, by the lawes of the kingdome, wer due to them in anno 1637; and that they shall be no farder bound bot according to the provisiouns and conditiouns exprest in the submissions maid by the bishopes to his majesties' royall father, of blissed memorie, which is of the dait the [...] day of [...] 1628 yeires, and registrat in the bookes of commission for surrenders and teynds upon the 15[th] day of July 1631. And wheras it may fall out that some of the saids commissioners may be unable to attend the service, throwgh death, sicknes or other knowne impediment, therfor his majestie declaires that he shall be carefull to fill their places with other persones qualified, whose oathes for faithfull discharge of the same shall be taken by the chancellor or, in his absence, by the president of the commission for the time. And ordaines this present commission to endure ay and while the same be discharged by his majestie, and the acts, decreits and sentances thereof to have the force, strenth and effect of a decreit and sentance of parliament; and the lords of session to grant letters of horneing, poynding and others requisite in maner contained in the forsaids commissions. And his majestie, with consent forsaid, hereby discharges all former commissions, declairing the same to be expyred.
The commissioner adjornes the parliament till Fryday the 30[th] of August in the aftirnoone.