Ratification to the town of Edinburgh regarding the ministers' stipends

Our sovereign lord, with advice and consent of the estates of this present parliament, considering that there was an act of parliament formed and set down and presented and given in before his majesty and estates of the parliament held at Edinburgh in the month of July 1633 by the provost, bailies and council of Edinburgh for the sum of 12,000 merks money of this realm to be uplifted yearly of the whole inhabitants and indwellers within the said burgh, the lords of his majesty's council and session being only excepted, according to the quantity and proportion of the mail they pay or the houses where they reside, may pay to be applied only for the sustentation of the ministers within the said burgh of Edinburgh, which being duly considered by his majesty and estates of the said parliament held at Edinburgh in the said month of July 1633, his majesty, with the advice of the estates of the said parliament, was graciously pleased to remit and recommend the same to the lords of his majesty's privy council, to whom his majesty and estates foresaid gave full power and commission to consider, advise and try the same act with the equity, necessity and expediency thereof, and to decide, statute and determine therein as they shall think expedient for the good and well of his majesty's lieges, and ordained the decreet, statute, ordinance and determination to be made, given and pronounced by the said lords of privy council regarding the said act to have the strength, force and effect of a sentence and act of parliament in all time coming, as the said act and reference of the parliament made to his majesty's privy council at length bears. Likewise the said lords of secret council, by their decreet and act of the date 18 March 1634, found and declared that the course and order prescribed and set down in the act foresaid, given in by the said provost, bailies, council and community of Edinburgh to his majesty and late parliament foresaid, touching their ministers' stipends and settling thereof, is a very good and fair course tending to the well of the said burgh and settling the ministry thereof in their stipends, with this special provision and exception: that the lords of his majesty's secret council and the lords of the session shall in no way be subject to contribute to this imposition; and with certain other declarations mentioned in the said decreet or act of council, as in the same act or decreet of the said lords of secret council of the date above-written at more length bears. And also there was an act made by the said lords of secret council of the date 11 July 1637, finding that the members of the college of justice, the advocates, clerks and writers, are exempted from the said act of parliament, whereby all the inhabitants within the said burgh of Edinburgh (except the lords of secret council and session) are made liable to be taxed towards the payment of the said ministers' stipends, according to the proportion of the mail of the houses wherein they dwell, and declared them to be included in the foresaid exception made in favour of the said lords of council and session in regard of the said advocates, clerks and writers their voluntary offer to contribute a proportional tax towards the payment of the said ministers' stipends, as in the said act of secret council at more length is contained. Which act given in to his majesty2 of the said late parliament of 1633, and the reference thereof foresaid to the said lords of privy council and their said act and decreet following thereupon, were ratified and approved by his majesty by his highness's letter of ratifications under his highness's great seal of the date at Whitehall, 19 January 1636, as the said ratification under the great seal of the date above-written at more length bears. And also there was an act made in the books of sederunt of the session of the date 28 July 1637, making mention of the offer made by the advocates, clerks, writers and other members of the college of justice for themselves and their successors in the said places and offices respectively to pay yearly in manner mentioned in the said decreet to the provost, bailies, council and community of the said burgh and their treasurers, collectors and others to be appointed by them present and to come, and that all to the benefit of the said ministers serving the cure within the said burgh, all and whole the sum of 11d money of this realm out of each 20s of mail, which shall be paid by the said members of the college of justice for their houses, chambers and booths occupied and possessed by them or otherwise according to the same proportion pertaining to the stent of the houses, chambers or booths possessed by them by heritage, liferent or favour, and that yearly and termly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, beginning the first term's payment thereof at the feast and term of Whitsunday [28 May] 1637 under the special reservation and condition made by the said advocates, clerks, writers and other members of the said college of justice that the said voluntary offer should in no way be prejudicial to them of all their privileges, liberties and immunities whatsoever, and that the said offer was accepted by the said provost and bailies of the said burgh of Edinburgh for themselves and in name of the council and community thereof, and their successor provost, bailies, council and community of the said burgh with the express provision, condition and reservation of the privileges foresaid, to the which voluntary offer and acceptation foresaid the said lords of council and session interposed their decreet and authority. Therefore our said sovereign lord and estates of this present parliament, finding the matter above-written to be reasonable and to tend to the advancement of religion and furtherance of the ministers serving the cure within the said burgh of Edinburgh to competent stipends have ratified and approved, and by this legislation ratify and approve the foresaid act which was given in to his majesty and estates of the said former late parliament, the reference thereof above-written to the said lords of privy council, the foresaid decreet or act following thereupon given and pronounced by the said lords of privy council, the foresaid letter or ratification of the same act, reference thereof and decreet of the said lords of privy council under the great seal, the foresaid other act of the said lords of privy council and the foresaid act made in the said books of sederunt of session of the dates respectively above-mentioned, in all points, heads, articles, clauses and conditions contained therein, after the forms and tenors thereof; and declare this present ratification of the same to be as valid, effectual and sufficient in all points and respects as if the same were at length and word by word inserted herein, dispensing by this ratification with the not inserting thereof; and ordain the first term's duties respectively above-specified contained in the said acts respectively to be and begin at the said feast and term of Whitsunday in the said year 1637, and so forth yearly and termly thereafter at the said two terms in the year, Whitsunday and Martinmas in winter, by equal portions perpetually in all time thereafter, and also ordain letters, executorials and execution to be directed, used and executed hereupon, and upon the said acts respectively above-specified in manner therein expressed, according to the tenor thereof.

  1. NAS, PA2/22, f.228v-229v.
  2. Followed by 'and estates' in square brackets in APS.