The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[A1641/8/108]1
[Commission for plantation of kirks, valuation of teinds and ministers' stipends]
Commission regarding the kirks and teinds
5 November 1641
At the meeting of the committee regarding the commission for ministers' stipends, sederunt: [David Carnegie, earl of] Southesk, [John Elphinstone, lord Balmerino], president, [John Wemyss, earl of] Wemyss, [Robert Balfour, lord Balfour of] Burleigh, [Sir Patrick Hepburn of] Waughton, [Sir Gilbert Ramsay of] Balmain, [William Rigg of] Aithernie, [William Simpson], the commissioner for Dysart, [Master Alexander Douglas of Downies, commissioner for] Banff and [James Glen, commissioner for] Linlithgow, with [Sir Thomas Hope of Craighall], king's advocate.
Regarding the provision of kirks, which are not yet provided by the former commission:
1. It being proposed in this committee by way of opinion if those kirks not yet provided as said is should absolutely by this commission now to be granted have 8 chalders of victual or 800 merks where the teinds of the parish will extend to that quantity, or if the commissioners should have power by the commission to grant the quantity foresaid where it may be conveniently had and to go beneath that quantity upon just, reasonable and expedient causes according to the former commission.
This being put in voicing by way of opinion it was the opinion of five of this committee that the commissioners should have power to go beneath the quantity of 8 chalders of victual or 800 merks upon just, reasonable and expedient causes, according to the former commission, but the other four of the committee and the advocate were of the opinion that every minister should absolutely have the full quantity above-written where the teinds of the parish will extend to the same.
Regarding kirks which were provided by the former commission but did not get then the full quantity of 8 chalders of victual or 800 merks:
2. It is the opinion of the committee that those kirk cannot come in in this new commission to be further provided except only in these cases, namely: where the minister wants the full quantity by occasion of lands feued with the teinds included or where unjust valuations were led or collusion between the titulars and the minister in prejudice of the minister's successor, the same being tried and cleared before the commissioners by reduction of the unjust valuations and by probation of the collusion by writing or oath of parties, and where the impediment was in respect of included teinds, in that case the supply to come of the bishops' teinds of that diocese whereof these are kirks. And for the other two occasions of the want foresaid the supply to come of their own parishes.
Item, it is also the opinion of the committee that all bishops' kirks albeit already provided by the former commissions, but beneath the quantity foresaid, shall be supplied to the full quantity of 8 chalders of victual or 800 merks out of the teinds of their own parishes. And where the same cannot be had there, out of the teinds of the other kirks of that bishopric.
Item, the committee agrees that all bishops' 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 be paid out of their own parishes. And where that is lacking, to be paid out of the bishops' kirks as above.
Item, that the king's majesty be supplicated that the feu mail of bishops' kirks may be given to the ministers for supply of their stipends where the teinds is lacking.
Regarding the division of parishes:
The committee agree that division shall be made upon the presbyteries'2 recommendation thereof to the commissioners and where the commissioners after citation and hearing of the parties shall find reasonable.
Regarding the dismembering and uniting of kirks:
The committee agree that the same be done upon the recommendation of the presbytery, synod or general assembly.
Regarding manses and glebes in parishes where there are no kirk lands:
It is the opinion of the committee that this be left out in the commission and that a several act of parliament be made for the same.
Regarding that article of the commission for ministers' charges to assemblies:
The committee think not this fit.
Item, the committee think it is 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 granting prorogation of their tacks and rights etc.
Regarding schools:
It is the opinion of the committee that it be referred to the presbyteries to consider in what parishes of their presbyteries schools are expedient, and that with consent of the heritors and session of the kirk a stipend may be appointed for the school out of the surplus of the teinds by the ministers' stipend. And if it be not got that way, then the act of parliament of 1633 regarding schools to have place and the presbyteries to have the power that is given to the bishops by that act. And in case the heritors compear not, being warned, then the minister, presbytery and session to proceed.
- NAS, PA6/7, 'Appendix, November 5 1641', f.1r-1v.
- Marginal note: 'It is desired to be added synod or general assemblies'.