[1605/6/52]¹

Procedure: commission

²Commission regarding the erections

Our sovereign lord and estates of parliament, considering that there are sundry benefices pertaining of old to abbots, priors and nuns erected to sundry persons in this present parliament by his highness, with advice of the said estates, in lordships and baronies, and also that the patronages of the kirks pertaining to the said abbacies, priories and nunneries are given and annexed to the same lordships and baronies to the foresaid persons, as also that there are sundry other patronages of benefices given and conveyed by his highness, with advice foresaid, in this present parliament to sundry particular persons, and our said sovereign lord and estates foresaid, being most willing that there be a yearly duty contained in every one of the said erections which shall be paid yearly to his highness and his successors, as also being willing that the ministers serving or that hereafter shall serve at the kirks of every parsonage or vicarage whereof the patronage is now conveyed in this present parliament to whatsoever person either in their erections or otherwise be provided of sufficient stipends, and that the whole kirks be planted with sufficient ministers to serve the cure at each kirk, so many of them as are already unplanted, therefore, and that the premises may be performed, our sovereign lord and estates foresaid have given and granted, and by this present act, give and grant full power and commission to John [Graham], earl of Montrose, great commissioner, Alexander [Seton], earl of Dunfermline, chancellor of this realm, Alexander [Livingston], earl of Linlithgow, George [Home], earl of Dunbar, treasurer, David [Murray], lord Scone, comptroller, Mark [Kerr], lord Newbattle, Master John Preston of Penicuik, collector general, Sir Thomas Hamilton of Monkland, knight, advocate, Sir John Cockburn of Ormiston, knight, justice clerk, Sir Richard Cockburn of Clerkington, knight, lord privy seal, and Sir John Skene of Curriehill, knight, clerk register, (or any six of them, the said lord commissioner being always one of them) to modify, decree and declare the yearly duty to be contained in every one of the said erections, to be paid yearly to our said sovereign lord and to his highness's successors, and the same duty to be inserted by the clerk register and his deputes in every act of erection granted in this present parliament. And the said estates declare that the yearly duties to be modified, determined and declared by the said persons in manner foresaid by virtue of this present commission shall be as valid, effectual and sufficient in the self as if the same yearly duties had been modified, determined and declared by the said whole estates and had presently been inserted and contained in every one of their erections. And likewise our said sovereign lord and estates foresaid have given and granted, likewise by the tenor of this present act, give and grant full power and commission to the said John, earl of Montrose, great commissioner, the said Alexander, earl of Dunfermline, chancellor, John [Fleming], earl of Wigtown, lord Fleming, George [Gledstanes], archbishop of St Andrews, John [Spottiswood], [arch]bishop of Glasgow, David [Lindsay], bishop of Ross, James [Law], bishop of Orkney, Sir Robert Melville of Murdocairnie, knight, elder, Master John Preston of Penicuik, collector general, Sir Thomas Hamilton of Monkland, knight, advocate, Sir John Cockburn of Ormiston, knight, justice clerk, Master Patrick Galloway, Master James Nicolson, Master Andrew Lamb (or any eight of them, the said lord commissioner or the said lord chancellor being always one), to modify, decree and declare to every minister serving or that hereafter shall serve, at every kirk, the cure, their yearly stipends in all time coming, by their manses and glebe of all their kirks whereof the patronages are conveyed by our said sovereign lord in this present parliament in the erections of temporal lordships and baronies, or otherwise whatsoever, to the effect that the whole kirks both already planted and as yet unplanted may be provided to sufficient stipends in all time coming, and that every kirk may be provided to a minister to serve the cure at each kirk, and that they have sufficient and competent stipends provided to every one of them to serve the cure in all time coming as said is. And our said sovereign lord and estates foresaid discharge the clerk register and his deputes of all possessing and extracting of any acts of the said erections or any other act of this present parliament wherein patronages of benefices are conveyed, and also discharge the keepers of the registers and seals to complete any of their said infeftments to the time that our said sovereign lord's yearly duty, and the ministers' sufficient and competent stipends, be first modified, determined and declared by the persons foresaid according to the tenor of this present act of commission in all points.