[1607/3/16]¹

Act regarding the king's blench duties in erections and ministers' stipends of the kirks erected

²5. Our sovereign lord and estates of parliament, considering that there was in the parliament held at Perth in the month of July 1606 diverse benefices pertaining of old to abbots, priors and nuns erected to sundry persons in lordships and baronies, and that the patronages of kirks pertaining to the same benefices are given and annexed to the said lordships and baronies to the foresaid persons, as also that there are sundry other patronages of benefices given and conveyed by his highness, with consent of the said estates in that parliament, to sundry other particular persons, at the which time our said sovereign lord and estates, being willing that there should be a yearly duty contained in every one of the said erections to be paid to our sovereign lord and his successors, and that the ministers serving or that hereafter should serve at the kirks of every parsonage and vicarage whereof the patronage was conveyed to whatsoever person, either in their erections or otherwise, be provided of sufficient stipends; therefore, our said sovereign lord and estates foresaid gave 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 Binning, 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 to 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 also gave full power and commission to the said John, earl of Montrose, great commissioner foresaid, the said Alexander, earl of Dunfermline, chancellor, John [Fleming], earl of Wigtown, lord Fleming, George [Gledstanes], archbishop of St Andrews, John, [...], [David Lindsay], bishop of Ross, James [Law], bishop of Orkney, Sir Robert Melville [of Murdocairnie], [...] Master John Preston of Penicuik, collector general, Sir Thomas Hamil[ton], Sir John Cockburn of Ormiston, knight, justice clerk, Master Patrick Galloway, Master James Nicolson, Master Andrew Lamb (or to 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 one of the said kirks the cure their yearly stipends in all time coming, as at more length is contained in the said first act of parliament of the date foresaid. And now our said sovereign lord and estates of this present parliament, considering that the said John, earl of Montrose was specially designed in both the said commissions as sine quo non, and that through his sickness and disease which did befall to him very shortly after the date of the said commission, the rest of the foresaid commissioners for the lack of his presence could in no way proceed nor do anything at all in their said commissions and meetings; therefore, our said sovereign lord and estates of this present parliament, to the effect that the said sickness of the said Earl of Montrose or any such like incident in the persons of any one man be not an hindrance and impediment to the progress of that work regarding the modifying of his blench duties in the said erections and of the ministers' stipends serving the cure of the kirks foresaid, according to the tenor of the said first commission in all points, has nominated, elected and chosen and, by the tenor hereof, elects, nominates and chooses the said Alexander, earl of Dunfermline, chancellor, Patrick [Lyon], earl of Kinghorn and Mark [Kerr], earl of Lothian, and declares that any of the said three earls now nominated, elected and chosen shall be of the quorum in the foresaid commission in place of the said John, earl of Montrose, as well for setting down of the blench duties as for modification of the said ministers' stipends of all erections and patronages of benefices given, granted and conveyed in the foresaid first parliament held at Perth in the said month of July 1606, and also of all erections and patronages granted or confirmed in this present parliament, and that notwithstanding the absence, sickness or decease or any two of them, that the presence of the third shall be sufficient with a due number of the rest of the said commissioners to proceed in that business according to the tenor and contents of the said first commission in all points. And to the effect foresaid, the said estates ordain the foresaid commissioners nominated in the said first parliament and in this present parliament in manner foresaid to begin their meetings at Edinburgh for modifying of the said blench duties and ministers' stipends, according to the tenor of the said commissions, 1 November next, and to continue daily thereafter in time coming in their meetings so often as the said commissioners shall think expedient for effectuating of the premises.