[1662/5/38]*[print] [email] [cite] [preceding] [following]
Forasmuch as by the king's decreet arbitral in the month of [...] 1627, his majesty found, upon the submission made by the bishops and other clergy, that the quota or rate of all teinds pertaining to the bishoprics and other benefices which falls under the submission, should be the fifth part of the constant rent of stock and teind; in which submission there is an express clause that the bishops and others of the clergy should enjoy the fruits and rents of their several benefices as they were possessed by them the time of the said submission, by which provision it appears that whatsoever teinds, parsonage or vicarage, they were in possession of by leading and drawing the same, or by rental bolls, they were not at all to be valued by the heritors thereafter; likewise until the year 1641 none of the said teinds possessed by the bishops and other beneficed persons were valued and approved by any commission, unless by consent or collusion, none making opposition thereto, and it being reasonable that the rights and privileges belonging to the churchmen in the year 1633 should be restored to them; therefore, the king's majesty, with advice and consent of his estates of parliament, statutes and ordains all valuation of the teinds† whereof the bishops and other beneficed persons were in possession, as said is, led by any pretended commission for valuation of teinds since the year 1637, to be void and null in time coming; and that the said bishops and other beneficed persons shall enter to the said possession of rental bolls and leading of the said teinds, parsonage and vicarage, this crop and year of God 1662, and in time coming, providing always, likewise it is hereby provided, that the heritors of such lands whereof the teinds belong to the archbishops, bishops and other beneficed persons, being ministers and were set in tack the time of their submission to his majesty's father, of blessed memory, shall be in that same place and condition they were in by the decreet arbitral pronounced thereupon, and by the nineteenth act of the parliament held in 1633 entitled, commission for valuation of teinds etc., and shall have the full benefit thereof.
[1662/5/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that by the thirty-ninth act of the first session of his majesty's first parliament entitled, act for the fishing and erecting of companies for the same, the teind herring and teind fish of all the herring and fishes which shall be taken by the boats and fishers of the companies mentioned in the act are released and discharged; and seeing his majesty has by the first act of this second session of his first parliament restored the office and estate of bishops, not only to their dignities, privileges and jurisdictions, but also to their benefices, whole profits, rents, casualties and emoluments of the same, in manner as is more largely set down in the said act, and that a great part of the rents and revenues of the bishopric of the Isles does consist in the teind of herring and fish mentioned in the foresaid thirty-ninth act; therefore, his majesty, with advice and consent of his estates of parliament, makes void, annuls and rescinds the foresaid clause anent the discharge of the teind of herring and fish contained in the said act, in so far as the same may be interpreted to extend to the teind of herring and fish taken within the bishopric of the Isles; and notwithstanding of the foresaid clause, ordains the present bishop and his successors bishops of the Isles to enjoy, possess, uplift, receive and otherwise to dispose upon the teind herring and teind fish of all fish and herring taken within the bounds of the bishopric, as fully and freely as his predecessors bishops of the Isles have heretofore done and enjoyed, without prejudice always of the foresaid release and discharge indulged to the companies, mentioned in the said act of the teind of all herring and fish taken in all places outwith the bounds of the said bishopric, with the which his majesty and estates foresaid wills and ordains the same to stand in vigour and effect as formerly.
[1662/5/40]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard a supplication presented to them by James [Carnegie], earl of Southesk and Robert, lord Burleigh mentioning that they with some others having, in 1645 for defraying of certain public concernments, advanced one month's maintenance for the shire of Fife, which they were necessitated to borrow and, being frustrated of the repayment thereof by the shire, they were necessitated to submit themselves to the lord commissioner and estates of parliament, and upon 16 April 1661 obtained an act appointing them to be paid of what is resting due of their said advancement, and that out of the deficiencies and unpaid sums within the said shire, which words deficiencies and unpaid sums does only extend to the deficiencies and unpaid sums of cess and maintenance and not to the deficiency of the tax and loan money that was imposed in 1643, as is alleged by those liable in payment thereof, and true it is, that if the said act does not extend to the deficiency of the said tax and loan there will not be so much deficiency of maintenance and cess as will satisfy and repay the petitioners of what is resting due of their advanced money; humbly therefore, desiring that the words deficiencies and unpaid sums may be declared as well to extend to the deficiencies and unpaid sums of the tax and loan the said year 1643, as to the unpaid sums and deficiencies of the cess and maintenance, and that the petitioners may be paid of the unpaid sums and deficiencies of the said tax and loan in part payment for as much of what is owed to them of their advanced money and annualrent thereof mentioned in the foresaid act formerly granted in their favour, as the supplication at length bears. Which, with the report of the lords of the articles, being taken into consideration, the king's majesty, with advice of his estates of parliament, does appoint that what is resting unpaid of the sum appointed by the act of 16 April 1661 by the deficiencies of the maintenance and cess is now to be made up and paid out of the deficients of the tax and loan, and for that end recommends to the commissioners mentioned in the said act of 16 April to take course that what remains unpaid by the maintenance and cess may be raised out of the unpaid sums of the tax and loan and applied for the relief of the supplicants, as said is, and that letters be directed hereupon in the appropriate form.†