[1587/7/22]¹

Commission for satisfaction the clergy for their liferents

²Our sovereign lord, having consideration of the good affection borne to his highness and his estates by the clergy and prelates, whereof they have given any sufficient proof by their willing and free consent given to the annexation of all and sundry the ecclesiastical rents and lands to remain as proper patrimony with the crown, our said sovereign lord and his successors forever (except as is specially mentioned in the act of the said annexation), in the which respect, his majesty is in no way minded that the present possessors of the prelacies and benefices whose rents may be impaired by the said annexation shall be greatly hurt or damnified during their lifetimes, therefore, his highness, with advice of his said three estates of parliament, decrees, statutes and ordains that every one of the said prelates and beneficed persons whose rents by the said annexation shall be diminished, shall, with all convenient speed, receive recompense and satisfaction therefore by the sight of the commissioners underwritten in manner after-following, and that before the feast of Martinmas [11 November] 1587, which term is appointed when the said annexation shall take effect, which assignation of the commodity and profit to be granted to them shall endure for the lifetimes of the present possessors of the said benefices only, and shall not be extended to their successors, who shall be provided by their decease or by deprivation, deposition or inability of the said present possessors, nor yet to any person who is already provided as future successor by resignation or demission, with reservation of the fruits to the present possessor aforesaid, who shall in no way have the benefit of the said excambion and exchange but the same shall end with the present possessors, whether they be only usufructuaries or fully provided to their benefices, after whose decease the commodities to be now given to them in exchange shall return to our sovereign lord and his successors. And because all the particular persons ecclesiastical which the said annexation touches have interest herein and that it is most expedient that with all celerity and surety they shall be provided by the said assignation, our sovereign lord, with advice of the said three estates as parliament, has constituted and ordained and, by the tenor of this present act, constitutes and ordains his well beloved Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, etc., George [Keith], earl Marischal, lord Keith, Robert [Seton], lord Seton, [Robert Boyd], lord Boyd, Thomas [Lyon], master of Glamis, his highness's treasurer, Sir John Maitland of Thirlestane, knight, his secretary, Sir John Seton of Barns, knight, comptroller, James Meldrum of Seggie, Master John Lindsay, parson of Menmuir, Master John Graham, parson of Killearn, senators of the college of justice, Sir Lewis Bellenden of Auchnoull, knight, justice clerk, Master Robert Douglas, provost of Lincluden, collector general, the provost of Edinburgh, Sir Robert Melville of Murdocairnie, knight, treasurer depute, Alexander Hay of Easter Kennet, clerk register, Master David MacGill of Nisbet [and Cranstoun-Riddel], advocate, or any five of them, my lord treasurer, my lord secretary, the said Sir Robert Melville and Sir Lewis Bellenden or any two of them being of the said number, giving, granting and committing to them full power to treat and conclude with the said ecclesiastical persons and every one of them for their own parts upon the commodity to be assigned to them and to make them and every one of them sufficient assignation thereof for their lifetimes as said is; which being registered in the books of the exchequer shall have as summary process and execution in favour of the said prelates and beneficed persons as they might have had by virtue of their provisions before the said annexation; and to the effect aforesaid, the said commissioners shall convene at Edinburgh on 8 August 1587 and from that time forth they shall sit for appointment and expediting of the said assignations as the cause shall require to 1 November 1587; and the said assignations being made in manner aforesaid shall be as sufficient in all respects as if our said sovereign lord and three estates of parliament had consented thereto. And to the effect that the said prelates and ecclesiastical persons having interest pretend no ignorance thereof, our said sovereign lord and his three estates of parliament ordain letters to be directed to make publication hereof in every shire and diocese, appointing several days and terms to the persons, as well titulars of benefices as pensioners of every diocese, for their compearance, according to the discretion of the said commissioners, that they may the more advisedly proceed therein; providing always that such as shall happen not to compear at the days appointed to them shall have no benefit of this act. And it is also provided that if the said commissioners shall happen not to give their decreet and declaration concerning the said recompense to all persons that shall have interest by the said annexation before the said feast of Martinmas 1587, in that case our said sovereign lord shall not intromit with the duties of the lands pertaining to so many persons ecclesiastical having the benefit of this act as for whom declaration and decreet shall not be given upon the said satisfaction, and they themselves shall intromit therewith of that term and termly thereafter until the said declarator be given.

Moreover, it is declared, statute and ordained that the said satisfaction to be made to the clergy for their liferents shall be in all things equivalent to that which shall be taken from them by the said annexation in the proper rent of their said lands and customs thereof, penny for penny and boll for boll; and such as obtains not the said satisfaction in manner aforesaid before the said term of Martinmas shall possess and enjoy their own until the said satisfaction be declared in manner aforesaid, and that by their provisions, letters and decreets already obtained or to be obtained by them thereupon. And further, it is declared that the said annexation shall in no way prejudice any of the ecclesiastical persons concerning the mails and duties, feu ferms or profits of their said benefices, lands or rents thereof, of any years and terms past, but that they and every one of them shall have place to call and pursue thereof and intromit therewith to their own use, notwithstanding the said annexation or any clause thereof.

Moreover, our sovereign lord gives and grants commission to the said commissioners to modify and take order concerning the ministers' stipends, to take order with the tenants, tacksmen and parishioners that have once made payment in good faith to ministers, to take order how the ministry at the college kirks shall be sustained, to take order concerning the victual assigned to ministers in their stipends in the last exchequer, how it may stand without alteration or change in money in time coming, to take order concerning manses and glebes, to take order for honest maintenance of his highness's four musicians and to answer the other articles and supplications remitted to the six commissioners in this present parliament.