[1640/6/40]¹

Act 22

Appointing the fees for the procurator, the clerk and agent for the kirk

The estates of parliament, presently convened by his majesty's authority, taking to their consideration the desire of the last assembly and the supplication of the commissioners of the kirk, craving that the advocate for the kirk, the clerk of the assembly and the agent for the kirk may be provided of fees and pensions for their service in that charge out of the kirk rents belonging to the late bishoprics as they have had their pensions paid to them out of the same since the reformation, for the procurator of the kirk had assigned to him four and a half last of victual, extending to six chalders, twelve bolls of meal and malt out of the readiest duties of the bishopric of Orkney yearly, in place whereof, after the restitution of bishops in 1606, there was £500 ordained to be paid out of the king's exchequer to the advocate for the kirk; likewise the clerk of the general assembly since the reformation and before the restitution of bishops, and by the bishops themselves, according to their bond in January 1610, had 500 merks paid to him yearly; and the agent for the kirk had a continual pension paid to him out of the kirk rents for his charge. And herewith also the said estates, considering the necessity of the said officers of advocate, clerk and agent for the kirk's business, with the weight of that charge and continual attendance requisite thereto, ordain and appoint the sum of 1,000 merks of fee and pension to be paid yearly to Master Archibald Johnston [of Wariston], present advocate for the kirk, and to his successors chosen and appointed by the assembly in that place for the fee of that charge as procurator for the kirk; and the sum of 500 merks to be paid yearly to the said Master Archibald Johnston, as present clerk to the general assemblies of the kirk, for the fee and pension of that office, and to his successors chosen and appointed by the assembly in that place for the discharge thereof and service therein; and the sum of another 500 merks of fee and pension yearly to be paid to Master Robert Dalgleish, present agent for the kirk, and to his successors chosen and appointed by the assembly in that charge. And in respect the advocate, clerk and agent for the kirk must have their continual residence at Edinburgh for attending the affairs of the kirk, and that the said fees and pensions ought to be paid out of the bishops' rents and that the said officers should be paid thereof out of the nearest and most commodious rents belonging to the said bishoprics, therefore the said estates ordain the said fees and pensions to be paid to the said present officers and to their successors respectively in that charge out of the readiest of the feu duties and out of the quots of testaments of the diocese of St Andrews, Glasgow and Edinburgh, according to the proportion and division to be determined and set down by the committee from this present parliament appointed to remain at Edinburgh. And ordain the foresaid fees to be paid, according to that division, by the heritors, feuars, farmers and others due in payment of the feu duties of the said three bishoprics, and by the collectors and intromitters with the said quots of testaments, and also ordain the lords of session to direct letters on this present act and upon the determination and division of the said committee, at the instance of the advocate, clerk and agent for the kirk, present and to come, for payment to them yearly of their said fees and pensions above-specified. And because that the present procurator, clerk and agent have been serving the kirk in these places these two years bygone without receiving their fees otherwise due to them, and that the rents of the said two years are not taken up as yet by the pretended bishops of Edinburgh and St Andrews and Glasgow, but are restrained in the tenants' and collectors' hands, therefore they ordain their entry of payment to be to the crop and year of God 1638.