[1641/8/179]¹

Procedure: commission

Act anente the commissioune for plantatione of kirkes and valuatione of teyndes

Oure soverane lord and estates of parliament, considering the humble supplicatione of the generall assembly presented by the commissioneres therof for plantatione of kirkis, uniting or diswniting of paroches and for other pious and good workes mentionat therintill, for the which and other causes eftirspecified it is necessar that power and commissione be givine from his majestie and estates to the effect wnderwrittin, and therfor his majestie and estates foirsaid have granted and by these presentes grantes full power and commission to the persones eftirfalloweing, viz: Johne, Lord Loudoun, chancellour, Archbald, erle of Argyle, Alexander, erle of Eglingtoun, Johne, erle of Cassiles, Williame, erle of Glencairne, Johne, erle of Lauderdaill, Williame, erle of Lothiane, David, erle of Southeske, James, erle of Findlater, Johne, lord Lindesay, Johne, lord Sinclair, Johne, lord Ballmerino, Robert, lord Burghlie, George, lord Forrester, Sir George Dundas of that ilke, Sir Johne Wauchope of Niddrie, Sir David Home of Weddirburne, Sir Williame Forbes of Craigivare, Sir Gilbert Ramsay of Ballmayne, Sir Williame Cunynghame of Capringtoune, William Rige of Ethernie, Sir Duncane Campbell of Auchinbreke, Sir Alexander Erskeene of Dune, Sir Charles Erskene of Bandeth, Sir Robert Innes of that Ilke, Alexander Gordoun of Erlestoune, Sir Robert Greirsone of Lage, Maister George Douglas of Bonjedburghe, Johne Binny for Edinburgh, Thomas Durhame for Pearth, Patrike Lesly for Aberdene, George Bell for Linlithgow, James Sword for Sanct Androis, Patrik Bell for Glasgow, Johne Kennedy for Air, Johne Semple for Dumbartane, Williame Glendonying for Kirkecudbright, James Scote for Montroise, Maister Robert Barcley for Irving, James Andersone for Couper, George Gairdene for Bruntyland, Maister Alexander Douglas for Bamffe, Robert, erle of Roxburghe, lord privie seale, Sir Alexander Gibsone, younger, of Durie, clerke register, Sir Thomas Hope of Craighall, advocat, Sir James Carmichell, thesaurer deput, Sir Johne Hammiltoun, justice clerke, and Sir Androw Fletcher of Innerpeffer, Sir Thomas Hope of Kerse, Sir Adame Hepburne of Humbie, three of the senatoures of the colledge of justice, to meit and conveene at Halyrudhous or Edinburghe or such other places as shall be appoynted by them at such tymes and dyettis as they shall appoynt, and to value and cause value whatsoevir teyndis great or small, personage or vicearage, of whatsoevir landis and otheres within this kingdom lyable to the payment of teyndis of whatsoevir nature and quality the samene be of which are yit wnvalued, provyding the ministeres serveing the cure who doe lead tithes be secured of good and thankfull payment of so much victuell or money ansuerable to the worth of the saidis teithes as the teithes shall be valued to, and als to receive the reportes from the subcommissioneres appoynted within ilke presbetry of the valuationes of whatsoevir teynds of landis and otheres lyable to teyndis as said is, led and deduced before them according to the tennoure of the subcommissiones direct to that effect, and to allowe or disallowe the samene according as the same shall be fund agreeable or disagreeable from the tennor of ther subcommissiones. And, for the bettir expeding and advanceing of the saidis valuationes, with power to appoynt committees or subcommittees of ther owne nomber to receive the reports of the saidis valuationes made or to be made, and to receive, admite and examene witness, and to take pairties oath with ther depositiones wher the same is referred to oath and to give such farther power to the saidis committees or subcommittees of ther owne nomber as they shall thinke fitt for the good of the worke and speedy finishing of the same. And sicklyke with power to them, if need bee, to appoynt subcommissioneres who are not of ther owne nomber within any parochine or presbetry of the kingdome for leading and deduceing of the saidis valuationes and to receive the reportes therof, allowe or disallowe of the samene, and generally with power to them to set doune whatsoevir other order or course which shall be thought fitt and expedient for dispatche of the saidis valuationes, rectifieing therof and for finall cloosing of the same. And sicklyke with power to the saidis commissioneres (or any fyfteene of them, ther being four therof for every estate) eftir closing and allowance of the valuationes of ilke kirke and parishe, or at least the exacte diligence of the ministeres done to that effect, to appoynt, modifie and set doune a constant and locall stipend and mentinance to ilke minister (his present stipend being allowed in the first end therof) to be payed out of the teyndis therof, and to grant augmentationes to ilke ministeres of other kirkis nor beshopes kirkes who gote not the benefiet of the former commissione and have not the full quantitie of eight chalderes victuell or eight hundreth merkes according to the tennoures of the actes of parliament in anno 1633, wherin that is fund to be the lowest proportion for the mentinance of the ministeres except such particulare kirkes occure wherein there shall be juste, reassonable and expedient causes to goe beneath the said quantity, which is heirby also referred to the conscionable consideracione of the commissioneres befor exprest; and to grant augmentationes to ministeres of kirkes which were provydit by the former commission bot to a lesse quantity then eight chalderes victuell or eight hundreth merkes in the caisses eftirfalloweing allenerly, viz: wher the teyndis in whole or in pairt are fewed with the landis cum decimis inclusis wherby the ministeres wer debared of the full quantity foirsaid, or where the valuationes allreddy led the tyme of the provisione of these kirkis shall happene to be reduced as wnjustlie valued, or wher it can be provydit by write or oath of pairty that the lese quantity foirsaid proceedit from pactiones betuixt the titular and the ministers or titulare and parochineres in prejudice of the ministeres successoures, or wher the honest incombentes for the tyme wer impeded by the prelates for ther nevir practeising conformity to obteene the full quantity in the former commissione, albeit ther was sufficiency of teyndis within the paroche, in the which caises or any of them, it is heerby declaired that the ministeres provydit by the former commissione shall be suppleed to the full quantity foirsaid. Heerby it is declaired that all beshopes kirkes, whither or not provydit at all or provydit by the former commissione, but beneath the quantity foirsaid, shall be supplied to the full quantity of eight chalderes victuall or eight hundreth merkes out of the teithes of there owne parishe; and wher the samene cannot be had, then out of the teyndis of the other kirkes of that beshoprike; and that all kirkes that had greater quantity of stipend before the restitutione of beshopes nor they now have (except they have bene deminished by just valuationes) shall be supplied and brought to the same quantity wherof they were in possesione before the said restitutione, to be payed out of there owne paroche; and where it is inlaikeing to be payed out of the teithes of the beschopes kirkis. For the which effect, the kingis majestie and estates of parliament grantes power to the commissioneres foirsaid, or any quorum of them, and als gives power to the saidis commissioneres to disjoyne too large and spacious kirkis and plant them severally, and to cause build and erect new kirkes and appoynt competent provisiones for the ministeres; to change kirkes incommodiouslie situate to a more commodious pairt of the paroche; to disjoyne and dismember such pairts and portiones of the parochines lying contigue, and wherof one pairt is farre distante from the proper paroche kirke and more neere and ewest to the next adjacent and contiguous paroche kirke from ther owne proper paroche kirke from the which the pairtes and portiones are farder distante and to unite and adjoyne theme to the other paroche kirke to the which they are most ewest; and als to unite kirkis and parochines lying so neere other and being so litle boundes and small nomber of parochineres that the unione of them shall be fund more wsefull and conduceable for the good and case of the parochineres of bothe the kirkes and ther edificatione, provyding that the devyding of large paroches, the dismembring of ane pairt of the saidis paroches in cases foirsaid and the uniting of kirkes and parochines of the qualitie abovespecified be done wpoun the speciall recommendatione of the presbetry, synod or generall assembly givene in in write and eftir the commissioneres have cited and hard the parochineres of both kirkes theranent and no otherwayes; and to set doune a solid order and take course for furnishing the elementes to the commission tuice in the yeere or oftener wher they are not provydit at all or not sufficientlie provydit, and als to take order for paying of the chairges of the commissioneres to the generall assemblyes without burdeneing the ministers stipendis thairwith; and sickelyke with power to them to advyse, take course and determene in all thinges referred to them by any particulare act or reference from the generall assembly to this parliament or from the parliament to them. And because the kingis majestie, considering that the names and tytles of beshopes and beshoprikes by the actes and statutes of kirke and kingdome are abolished and suppresed, and that therby the teithes, personage and viccarage, and teynd dueties of whatsoevir kirkes or titles perteaneing to the saidis beshoprikes are become in his majesties handis and at his majesties disposing, and his majestie being gratiouslie pleased out of his pious and royall affectione to the mentenance of true religione and puritie therof presentlie established within this his majesties ancient and native kingdome to take such ane course with the teyndis and teynd duetyes perteaneing to the saidis beshoprickes and of all teyndis and kirkes annexed therto that the samene may be applied to the wse and benefite of the ministeres serveing the cure of the saidis kirkes and to the mentinance and supply of wniversityes, colledges and schooles; lykeas his majestie, before his comeing to this his ancient kingdome in his owne royall persone, sent and directed his lettires to the generall assembly of the kirke conveened at Edinburghe in Julii last, wherby his majestie declaired his constante purpose and resolutione to imploy the saidis teyndis of the saidis beshoprikes to the wses abovespecified, and therfor his majestie, according to his royall promeise and for performance therof, heath declaired and by this presentes declaires, by advyse and consent of the estates, that the teynds and teynd dueties of all and whatsomevir kirkes, personage and viccarage therof, and teyndis of what somevir nature perteyncing to the saidis beshoprikes shall be applyed to the mentinance of the ministry and of the wniversities and colledges and other pious wses and to² other wse, and that according as the same shall bee particularlie distributed by the commissioneres forsaid, to whom his majestie and estates grantes power for this effect. And declaires all giftes granted or to be granted by his majestie to whatsomevir persone or persones of the foirsaidis teyndis or teynd duetyes or any pairt therof, except to the wses foirsaid, to be null in the selfe, excepting allwayes all giftes allreddy granted by his majestie to whatsoevir persone or persones of ther owne teyndis and to the mentinance of wniversities and colledges, they and everie one of them being allwayes lyable to the plantatione of kirkes to the full quantity conteened in the actes made theranent. Lykeas it is declaired heerby that all teyndis and teynd dueties which belonged to chapteres, deanes, subdeanes and other dignities of the chapteres shall be lyable to the lyke provisiones of the kirkes which were annexed therto, according to the proportione of eight chalderes victuell or eight hundreth merks forth of the teyndis of there owne parochines allenerlie, according to the act of parliament. And sicklyke with pouer to the saidis commissioneres as said is to take order that everie heritour and lyferenter of land haveing right therto by infeftment of lyferent, right of terce or by band for infeftment of lyferent shall have the leading of ther owne teyndes, personage and viccarage therof, they paying the pryce conteyned in the act abovespecified, incase they be willing to buy the same from the titular haveing power to sell, or wtherwayes paying the rate of teynd exprest in the actes mad theranente. And to that effect, with power to the saidis commissioneres to set doune the pryce of sellable teyndis, according to the worth therof in eache pairt of the cuntrey wher the samene grow and are bred, and als with pouer to them to set doune such good and ample securities as may stand by law bothe for the buyeres of the teyndes, to the effect the titulares may be fullie denudit in ther favores, and also for securitie to the titulares and selleres of the pryce due to be payed to them for the saidis teyndis, and also to set doune the security in favoures of the titulares and of the ministeres so fare as consernes the mentenance assigned to them for good, thankefull and tymous payment of the rate of teyndis where the samene are not or cannot be sold. And sicklyke with power to the saidis commissioneres to discuss and determine all questiones which may aryse betuixt the titulares and heritoures anent the pryce of teyndis, according to the nature and quality of the rightes to be sold, whither the same be heritable or temporall, and to proportionat the pryce accordinglie, and also to devyd the pryce of teynd betuixt the heritoures and lyferenteres therof, and betuixt titulares and takesmen and otheres who have severall and distinct rightes to the saidis teyndis sellable according to the quality of the rightes. And also with power to them to cause the titulares who sell ther saidis teyndis to exhibite there rights and tytles to the effect they may be laufullie denudit therof in favoures of the saidis heretoures and lyferenteres respective, without prejudice allwayes to his majesties annuity to be payed forth of the saidis teyndis by the saidis titulares of teyndis or heritoures or lyferenteres of landis according to the tennour of the act of annuitie. And generally with pouer to thair saidis commissioneres to decyde and determine in all other poyntes which may conserne the leading and draweing of teyndis, the selling and buying of the same or payment of the rates therof conteyned in the actes of parliament made theranent. And wheras it may fall out that some of the commissioneres now appoynted by his majestie and estates may be wnable to attend the service be seeknes or some other notour and knowne impedimentes, therfor his majestie and estates declaires such other persones shall fill ther places as his majestie shall thinke fit by advyce of the remanent commissioneres who most receive and admit them wpoun the said commissione and take there oathes for faithfull dischairge of the same. And his majestie and estates ordeanes this present commissione to endure wnto the [...] ay and while the samene be expressly by his majesties warrand dischairged with consent of the estates for that effect. And his majestie, with consent of the estates forsaidis, findes, declaires and ordeanes the actes, decreetes and ordinances of the commissionares foirsaid and of the other persones who shall be surrogat in thair places by his majestie, in maner foirsaid, in the whole particulares abovespecified, and everie one of them to have the force, strenth and effect of a decreet, sentance and act of parlliament, and ordeanes the lordis of sessione to grant and direct letteres of horneing, poynding and otheres therwpoun wpoun ane simple chairge of ten dayes or otherwayes as shall be fund necessary. Attour, for cleering of all doubtes and difficultyes which may aryse anent the rectifieing of valuationes or other particular heades falloweing, his majestie and estates have declaired and declaires that wher valuationes are laufullie led againest all pairties haveing intrest and allowed by the former commissioneres, according to the order reserved by them, that the samene shall not be drawne in questione nor rectified wpoun pretence of enorm lesioun at the instance of the minister not being titular or at the instance of his majesties advocat for and in respect of his majesties annuitie, except it be proved that collusione was wsed betuixt the titulare and heritoure or betuixt the procuratour fiscall and heritoures and titular, which collusiones is declaired to be wher the valuationes are led with diminutione of the third of the just rent presently payed and which diminutione shall be proved by the pairties oathes. It is allwayes declaired that the provisiones of the former commissione, sua farre as they are conceived in favoures of the colledges, hospitalles and ministeres, are heerin renued, as also that ministeres serveing the cure who leade ther teyndis and that colledges, schoolles and hospitalles be not constrayned to sell, set nor dispone ther teyndis in prejudice of there successoures notwithstanding of the valuationes therof. Lykeas the kingis majestie and estates grantes power to the saidis commissioneres to doe everie thing necessary for setling and establishing the right of any teyndis of the prelacyes appoynted by them in favours of the saidis kirkes, schooles, wniversities and colledges according to ther severall divisiones and also to set doune reules and wayes how the same shall not thereftir be delapidate or made worss by the titulares for the tyme. And his majestie and estates declaires that all his majesties subjectes who are willing to buy ther teyndis shall be obleist to pay the pryce therof conteened in the act made theranent within the space of tuo yeeres efter the samene beis valued and approvene befor the saidis commissioneres, and that efter the expyreing of the said tyme, the titulare shall not be compellit to sell the samene except they doe it of ther owne good will, with this declaratione allwayes: that incaise the impediment flowe from the titular by reasone of his minority or other inability indureing the space foirsaid, in that caise the heritour who offereth himselfe reddy to buy his owne teynd within the space foirsaid shall have place so soone as the impediment is removed to buy his teyndis, notwithstanding of the expyreing of the yeeres and space aboveexprest. And it is declaired if the heritoures be minore and ther tutores neglect the buying of his teyndis within the space foirsaid, the minor shall have actione for tuo yeeres eftir his minority to compell the titulare for selling of the saidis teyndis. Lykeas his majestie and estates of parliament grantes power to the saides commissioneres to give recompence to pairties for the augmentatione of stipendis to be imposed by this present commissione as was done in the same way by some former commissiones, as 1617 yeeres. Lykeas it is heirby declaired that wher by mistaking and wrong compting ther wes a greater quantity assigned to the minister out of many menes teyndis nor is due by proportione according to the valuatione, that the commisioneres may rectify the same without diminishing the ministeres stipend or wronging his possessione wntill it be givine out of other teyndis of the paroch. Lykeas it is declaired that wher the assignationes are made wronge in the quality, that the same might be reduced to the just nomber of bolls of meale, beare and wheate ansuerable to the valuatione. With power also to the saidis commissioneres to assigne the fewe dueties of the pairtes of land callit persones and viccares gleebes to the ministeres and otheres serveing the cure.