[A1641/8/76]¹

[Amendments from the meeting of the nobility to the commission for plantation of kirks, valuation of teinds and ministers' stipends]

5 October 1641

In the afternoon at the meeting of the nobility, [David Carnegie], earl of Southesk was elected president in absence of [John Elphinstone, lord Balmerino], president of the parliament, who was employed upon the committee for accommodation of the business concerning the election of the officers of state, councillors and sessioners.

The commission regarding the kirk and teinds being read, the nobility present observed these remarks following:

1. Where in the beginning and narrative mention is made that commission may be renewed, it is offered to consideration that the expression is more fit thus: that commission be granted.

2. In the clause regarding the division of one parish kirk into two separate parish kirks, that the same be upon the desire of that presbytery where the kirk lies, and that the division be made upon this provision: that every one of the said parishes be able to give a competent stipend, and that the division be made by the consent of the heritors of the most part of the lands of that parish.

Add to this: or reasons be given of their dissent approved by the commissioners.

3. Regarding the clause that augmentation be granted to ministers who got not augmentation formerly, to limit the same with this restriction: where they have not been sufficiently provided before.

4. To conceive the expression in these terms: that all ministers who are not provided to stipends by the former commission and have not sufficient maintenance may receive augmentation, and that those kirks which have been provided by the former commission and shall now get further augmentation by this commission, that the same further augmentation shall be paid out of the bishops' rents only.

Add to this: providing there be not sufficient means within the parish to do the same.

5. Regarding the plantation of schools, that the same be not universal, but in parishes where the same is necessary and shall be so found by the commissioners, and that the maintenance to be appointed to schools be paid out of the bishops' rents.

Note: It is thought necessary that every parish have a school at least to teach bairns to read and write, and if the provisions of schools be laid on upon prelacies, it is only the way to destroy schools.

6. That the charges of the commissioners to the general assemblies may come off the brethren as has ever been observed since the reformation.

Note: This is contrary to reason and to the promise made by the parliament in their letter sent to St Andrews to the assembly.

6 October 1641

7. That the commissioners may have power by the commission to grant prorogation of tacks where they impose any burdens.

8. To delete out of the second line after first blank the words 'former commission' and the line following relative thereto.

9. That the price of the teinds to be bought may be according to nine years' purchase.

10. That part regarding the annuity to be taken to consideration.

11. And this to be without prejudice of the valuation of these teinds.

12. That it be remembered in the commission what number shall be a quorum or what course shall be taken relating thereto.

That it be added to the commission where there is more assigned than the valuation allowed and approved extends to (which appears to be done by negligence), the commissioners may have power to rectify the same, as well in the quantity as in the quality of the bolls.

These words would be adjoined thereto: 'providing always that the assigned stipend be not diminished or deteriorated'.