[A1641/8/98]¹

[Remarks of the committee for the overtures to the kirk on the commission for plantation of kirks, valuation of teinds and ministers' stipends]

Committee of the parliament remarks on the commission

29 October 1641

Proposition regarding the commission for ministers' stipends and teinds, partly proceeding from the desire of the commissioners from the general assembly and partly motioned in the committee appointed for examining the remarks of the foresaid commission.

1. First it is desired by the commissioners from the general assembly and [Archibald Johnston of Wariston], their clerk, that every kirk provided and to be provided shall have a stipend of 8 chalders of victual or 800 merks where the true worth of the teinds of the parish will extend to that quantity.

2. If this cannot be obtained in kirks already provided, yet it is affirmed to be most just to be granted in kirks to be provided, that they shall have the full quantity foresaid where the same is within the parish without diminution, because upon pretence of the exception contained in the former commission to go beneath the quantity foresaid upon just reasonable and expedient causes many kirks have been frustrated of the full quantity above-written.

3. It was motioned in the committee that the commission might bear power to provide every kirk not yet provided with 8 chalders of victual or 800 merks to a stipend of the same quantity of 8 chalders of victual or 800 merks yearly, except such particular kirks occur wherein the commissioners after consideration of the charge of the cure thereof and of the worth and estate of the teinds of these kirks shall find a just reason and expedient cause to provide the same kirks with stipends beneath the quantities foresaid.

4. That augmentation may be granted to all ministers whose kirks come not in to be provided by the former commission and have not the full quantity of 8 chalders of victual or 800 merks already. And that all kirks which were provided by the former commission but to a less quantity than 8 chalders of victual or 800 merks may now be supplied with that full quantity in the cases following, namely: 1. Where the teinds in whole or in part are feued with the lands with the teinds included. 2. Where the valuations already led the time of the provision of these kirks shall happen to be reduced upon the reasons contained in the acts of parliament and former commission, according thereto. 3. Where it can be proven by writing or oath of party that the less quantity foresaid proceeded from agreements between the titulars and the ministers in prejudice of the minister's successors.

5. That all bishops' kirks (albeit provided by the former commissions but to a less quantity) shall be supplied and get the full quantity if the same may be had within their own parishes. And where the same cannot be had within their own parishes, shall have the same supplied out of the teinds of the other kirks of these bishoprics whereof these are kirks.

6. Item, that all kirks that had a greater quantity of stipend before the restitution of bishops than they now have shall be supplied and brought to that same quantity whereof they were in possession before the said restitution, to be paid out of their own parishes. And where not, to be paid out of the teinds of bishops' kirks as above.

Item, to supplicate the king's majesty that the feu mails of bishops' kirks may be given to the ministers for supply of their stipend where the teinds are wanting.

Item, it is offered to consideration that the article regarding the schools may be omitted in the commission, and that in place thereof the act of parliament in the year 1633, chapter 5, regarding schools may be renewed and the presbyteries may now have the place and power that bishops had. And in case the heritors compear not, being lawfully warned, the ministers and session to proceed.

Regarding the division of parishes, that division shall be made upon presbyteries' recommendation thereof to the commissioners, and where the commissioners after citation and hearing of the parties shall find reasonable.

Regarding dismembering and uniting of kirks, that article to stand and the same to be done upon the recommendation of the presbytery, synod or general assembly.

Regarding the article for ministers' charges to assemblies, this to be modified and appointed to be paid as the commissioners shall determine.

Item, regarding that article of the commission for manses and glebes in parishes where there are no kirk lands, that this be omitted in the commission and a several act of parliament made for the same.

It is thought just and reasonable that power be given to the commissioners to grant recompense to parties, as well for the augmentation imposed by the former commission as to be imposed by this commission, by prorogation of their tacks and rights or otherwise as may be found useful to the parties upon whom augmentation is or shall be imposed.