[Memorandum by the burghs regarding the commission for plantation of kirks, valuation of teinds and ministers' stipends]

16 September 1641

Memorandum by the burghs regarding the new commission for the ministers' stipends

1. First where the commission is for dismembering of parishes, it would bear so that the same be done with consent of the whole heritors.

2. Item, where augmentations are appointed to be given to ministers serving the cure at college kirks and collegiate kirks, to crave that there may be a provision that this commission shall in no way be extended to the college kirks of Edinburgh to which they have right, and namely the college kirk of St Giles and the college kirk of the Trinity and their pendicles, because the ministers serving the cure thereat have sufficient stipends provided to them by the town of Edinburgh and whereof they are in possession.

3. Item, it is not reasonable that heritors who have cost their teinds and have good right to the same should maintain the ministers at the general assembly, seeing they have sufficient stipends or are to be provided by this commission to sufficient stipends which may bear small expenses in going to the assembly once in the year.

4. Item, where it bears power to give augmentation to ministers who had not the benefit of the last commission, it would bear 'and who are not already sufficiently provided', because there are many sufficiently provided who neither sought nor get any benefit of the last commission, and therefore should not seek nor get any now.

5. Item, the appointing of glebes ought to be out of the kirklands within the parish, for it is not reasonable to take a gentleman's proper heritage without his consent and give it to the minister; and where there is no kirkland, they may be the better considered in their stipend.

6. Item, the appointing of new manses where the old are decayed is in no way reasonable, but there should be only power granted to repair them.

7. Item, where it bears that glebes are decayed, to appoint new glebes is unreasonable because it is not understood how glebes decay.

8. Item, the appointing of manses and glebes upon other necessities than the decaying of them and becoming of them unprofitable and the referring of these necessities to the commissioners' arbitrament is of too large an extent in respect of the generality, the necessities not being defined as to what they are and therefore they would be specified that the estates may consider if they be reasonable until they are sitting in a body and not defer the same to a few commissioners.

9. Item, fuel, winter grazing, fail and divot etc., there ought to be no power granted to determine on the same, but they should possess the same according to the old use and wont. And where that is none, they may be considered of the same in their stipends.

10. Item, providing of pious uses [...] be agreed and not remitted generally to the arbitrament of a few commissioners, for by this means the heritors who by warrant of law have bought their teinds shall be circumvented by the law in giving out their monies for acquiring of that which they shall be compelled to give out for nothing.

11. Item, where they have power to set down the prices of sellable teinds, providing they exceed not the number of years' purchases set down by the king in his decreet arbitral.

12. Item, it is not reasonable that a minor not buying his teind should have only action against his tutor and not admitted at his majority to buy his teinds, because in all case of law minors are privileged and their restitution fully in case of harm never denied to them. And as for the subsidiary action against the tutor, that proves often times unprofitable when tutors become irresponsible.

13. Item, where it is declared that ministers serving the cure at colleges, hospitals and schools and leads the teind for his stipend shall not be sellable, it is desired that those teinds may not be excluded out of the valuation.

Memorandum: The commission regarding the teinds would also contain a power to the commissioners that where any heritors have been stayed in their valuations the time of the former commission by powerful titulars, and where in the said commission it has been enacted that the said heritors shall be subject only to the valued duty or old rental duty, that they may stop all actions of spuilzie or leading of the said teind, and that the said heritors shall be only subject for bygones to the said valued duty or old rental duty.

Item, the said commission would contain power to the commissioners when parishes are numerous and populous and are provided but with one minister to provide the same with two, and to appoint them sufficient stipends out of the readiest livings belonging to the kirk of that parish or otherwise where the same may be had.

  1. Original not yet found. Source is APS, v, p.664.