[1649/5/114]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking into their consideration that part of the supplication of the ministers within the province of Argyll, craving ratification of the three several acts underwritten made in their favour by the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, and having at length heard, seen and considered the same acts, the first bearing date at Inveraray, 20 July 1646, the second of the same bearing date at Dunstaffnage, 14 September 1647 and the third of the said acts bearing date at Inveraray, 6 July 1648, of which acts the tenors follows: At Inveraray, 20 July 1646. Which day the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, considering the supplication given in before them by the ministers of that province whose parishes are burnt, representing their necessity and craving that, for their help of subsistence whereby they may in some measure be enabled to live for the discharge of their function, they may have paid to them of this instant crop some reasonable consideration for the teinds of all corns and barley growing within their several parishes. And the said committee, heritors and gentlemen, considering the said ministers' stipends are payable out of the first and readiest of the teinds of their parishes, and being most willing that they be encouraged, that they be enabled in this distressed time to remain and exercise their functions for the glory of God and the good of souls committed to their charge, therefore it is ordained and appointed that every one of the said ministers within their said several parishes respectively shall have duly and thankfully paid to them a reasonable satisfaction of money or victual for the teinds of all corn and barley sown and growing within their said parishes of this instant crop 1646 aforesaid. And it is recommended to the heritors, tenants and others whom this act may concern without question or delay to make payment and satisfaction accordingly as they and either of them will be answerable, and it is also hereby recommended to the bailies, special gentlemen and officers of each parish to concur with the said ministers to see them satisfied and paid of the said teinds. At Dunstaffnage, 14 September 1647. Which day the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, [Archibald Campbell], lord marquis of Argyll also being present, considering that by an act of the said committee bearing date at Inveraray, 20 July 1646 it was ordained and appointed that every one of the ministers in the province of Argyll whose parishes were burnt by the rebels should have paid to them within their several parishes a reasonable satisfaction of money or victual for the teinds of all corn and barley sown and growing within their said parishes for the crop and year of God 1646 for their maintenance because the parishes were not able, by reason of the devastation and burning thereof, to pay them their local stipends. And the said committee, taking to their further consideration that albeit (by God's providence) the rebels be now expelled, yet the said burnt parishes will not be able for this year and many of them for some years to come to pay their ministers their local stipends, therefore it is hereby ordained and appointed with common consent that the aforesaid act shall stand in force and have effect for this instant crop and year of God 1647 and longer until it pleases God that the country be in such a condition that it may pay the ministers their local stipends. And to this effect ordain that they and each one of them for their own parts have duly and thankfully paid to them for their maintenance and subsistence and in place of their said local stipends all and sundry the teind sheaves of all corn and barley growing in their several parishes of this said instant crop and year of God 1647 aforesaid and in time coming during the space aforesaid only or a reasonable satisfaction thereof in victual or money yearly, with provision that where titulars and tacksmen of the teinds of any of the said parishes are able and willing to pay to their ministers their stipends according to custom, that these ministers shall accept the same and have no interest to the said teind sheaves. And it is seriously recommended to the heritors, tenants, titulars, tacksmen and others whom this act may concern without question or delay to make or cause be made thankful payment and satisfaction to their said ministers according to this present act, that they have no just cause of complaint. And it is also hereby seriously recommended to the bailies, several gentlemen and officers of each parish to concur and assist in seeing the said ministers and each one of them duly satisfied and paid in the premises. At Inveraray, 6 July 1648. Which day the committee of war of the sheriffdom of Argyll and other heritors and gentlemen of the same convened for the time, the lord marquis of Argyll being also present, have ratified and approved and by the tenor of this present act ratify and approve the former act made by them in favour of the ministers of the province of Argyll whose parishes were burnt and destroyed by the rebels of the date at Dunstaffnage, 14 September 1647, whereby the teind sheaves of their parishes are ordained and appointed to be paid to them for their maintenance and subsistence in place of their local stipends yearly until such time as the country be in that condition that it may pay them their local stipends in manner and at length specified in the said acts, with this addition: that the said ministers shall also have paid to them for this crop and hereafter during the space aforesaid only the brocks and small teinds of their parishes or else the accustomed valuations of the same: that is to say that those pieces of land that are able and willing to pay the accustomed valuation shall be no further obliged for the said brocks and small teinds, and those pieces of land that are not able and willing to pay the accustomed valuation shall be obliged to pay the brock and small teinds from this body or a reasonable satisfaction thereof, with this provision: that whether the titulars and tacksmen of the teinds of any of the said parishes are able and willing to pay their ministers' customary local stipends, that these ministers shall be held to accept the same and have no right nor interest to the same teind sheaves, brocks of small teinds of their said parishes or any part thereof. And the said committee does hereby recommend seriously to the heritors, tenants, titulars, tacksmen and others whom this act may concern without question or delay to make thankful payment and satisfaction to the said ministers according to this present act, and also recommend to the bailies, special gentlemen and officers of each parish to concur and assist the said ministers to see them duly satisfied and paid accordingly. The said estates of parliament, taking into their consideration the equity and justice of the said acts, have ratified and approved and by this ratification ratify and approve the aforesaid three several acts made in favour of the said ministers in the whole heads and contents thereof after the form and tenor of the same in all points, and declare the same to be good and valid rights to the said ministers for their peaceable possession and enjoying of the said teinds in manner and upon the conditions therein mentioned and with the qualifications after-following, namely: first, that the said ministers getting possession of the said teinds for their maintenance in manner, upon grounds and during the space mentioned in the said acts shall in no way be hurtful nor prejudicial to the heritors, liferenters, titulars, tacksmen and others having right and interest anent their rights and securities of the same teinds made to them, their authors and predecessors. Secondly, that in parishes where there are several titulars and tacksmen and others having right to the teinds thereof, whereof some were not obliged nor were never in use to pay any part of the ministers' stipends, that in the first place the whole teinds great and small in the parish belonging to those who are obliged and were in use to pay the ministers' stipends and out of which the same was accustomed to be payable be paid to him; and if that does not make up his accustomed stipend, that then and in that case and in no other way the rest of the teinds to those who are not liable in payment of the said stipend, at least so much thereof as may make up the accustomed stipend, be paid to the ministers. Thirdly, that in this interim during the ministers' possession of the said teinds for their maintenance upon the grounds contained in the aforesaid acts, to the effect the true worth thereof may be known, there be four or more honest men of each parish chosen by the minister and those having right to the teinds to estimate and value the same to the true and reasonable worth thereof yearly, to the effect payment may be made accordingly and not the teinds led nor taken up to his body, with this condition always: that such lands and pieces of land who are willing to pay the teinds great and small according to the valuation and as they were in use before the late troubles shall be no further obliged, neither shall there be any further estimation craved of the worth of the teinds either great or small that they are content to pay the valuation for; that this be always without prejudice of the mortified stipend to the kirk and school of Dunoon. With which qualifications above-written, the aforesaid ratification is granted by the said estates of parliament and in no other way.