[1641/8/291]¹

Ratificatione to the toune of Edinburghe anent the ministeres stipends

Our soverane lord, with advyse and consent of the estates of this present parliament, considering that ther wes ane act of parliament formit and set doune and presented and givine in before his majestie and estates of the parliament haldine at Edinburghe in the moneth of July 1633 yeeres be the proveist, baillies and counsell of Edinburgh for the soume of tuellffe thousand merkis money of this realme to be wplifted yeerlie off the haill inbabitantes and induelleres within the said burghe, the lordis of his majesties counsell and sessione beinge onlie excepted, according to the quantitie and proportione of the maill they pey or the houss where they reseid, may pay to be applyed only for the sustentatione of the ministeres within the said burgh of Edinburghe, quhilke being dewlie considered be his majestie and estates of the said parliament haldine at Edinburgh in the said moneth of Julii 1633 yeeres, his majestie, with the advyse of the estates of the said parliament, wes gratiouslie pleased to remitt and reccommend the same to the lords of his majesties privie counsell, to whom his majestie and estates foirsaidis gave full power and commissione to consider, advyse and try the samene act with the equitie, necessitie and expediencie therof, and to decerne, statut and determine therine as they shall thinke expedient for the good and weell of his majesties leiges, and ordeanit the decreit, statute, ordinance and determinatione to be mad, givine and pronunced be the saidis lordis of privie counsell anent the said act to have the strenth, force and effect of ane sentance and act of parliament in all tymecomeing, as the said act and reference of the parliament made to his majesties privie counsell at lenth beeres. Lykeas the saidis lords of secreet counsell, be ther decreet and act of the dait the eighteene day of Merche 1634 yeeres, fand and declaired that the course and order prescryved and set doune in the act foirsaid, givine in be the saidis proveist, baillies, counsell and commontie of Edinburghe to his majestie and laite parliament foirsaid, tuitching ther ministeres stipendis and setling therof, is a werie good and faire course tending to the weell of the said burghe and setling the ministrie therof in ther stipendis, with this speciall provisione and exceptione: that the lordis of his majesties secreet counsell and the lordis of the sessione shall nowayes be subject to contribut to this impositione; and with certane other declarationes mentionat in the said decreet or act of counsell, as in the samene act or decreet of the saidis lordis of secreet counsell of the dait abovewrittin at mair lenth beires. And sicklyke ther was ane act made be the saidis lordis of secreet counsell of the dait the ellevint day of Julii 1637 yeeres, finding that the memberes of the colledge of justice, the advocates, clerkes, wretteres, are exempted from the said act of parliament, wherby all the inbabitantes within the said burghe of Edinburghe (except the lordis of secreet counsell and sessione) are made lyable to be taxed towardis the payment of the saidis ministers stipendis, according to the proportione of the maill of the houss wherin they dwell, and declaired them to be includit in the foirsaid exceptione made in favoures of the saidis lordis of counsell and sessione in regaird of the saidis advocates, clerkes and writters ther voluntarrie offer to contribut a proportionall taxt towards the payment of the saidis ministeres stipendis, as in the said act of secreet counsell at mair lenth is conteyned. Quhilke act givine in to his majestie² of the said laite parliament 1633 yeeres, and the reference thairof foirsaid to the saidis lords of privie counsel and ther saids act and decreet fallowing therwpoun, ware ratified and approvine be his majestie be his hienes lettir of ratificationes wnder his hienes great seale off the dait at Quhythall, the nynteene day of Januar 1636 yeeres, as the said ratificatione wnder the great seale of the dait abowewrittine at mair lenth beeres. And also there wes ane act made in the bookes of sederunt of the sessione of the dait the tuentie nynt day of Julii 1637 yeeres, makeand mentione of the offer made be the advocats, clerkes, wretteres and remanent memberes of the colledge of justice for themselves and ther successoures in the saidis places and offices respective to pay yeerlie in maner mentionat in the said decreet to the proveist, baillies, counsell and commountie of the said burghe and there thesaureres, collectoures and others to be appoynted be them present and to come, and that all to the behuife of the saidis ministeres serveing the cure within the said burghe, all and haill the soume of ellevine pennies money of this realme forth of ilke tuentie shillingis of maill, quhilkis sall be payed be the saidis memberes of the colledge of justice for ther houss, challmeres and boothes occupyed and possessed be theme or otherwayes according to the same proportione effeirand to the stent of the houss, challmeres or buithes possest be them be heritadge, lyferent or favour, and that yeerlie and termlie at tuo termes in the yeir, Whitsonday and Mertimes in winter, be equall portiones, beginand the first termes payment therof at the feist and terme of Whitsonday j^M vj^C threttie sevine yeeres wnder the speciall reservatione and conditione made be the saidis advocats, clerkes, wretteres and remanent memberes of the said colledge of justice that the said voluntar offer should nowayes be prejudiciall to them of all ther priviledges, liberties and immunities quhatsomevir, and that the said offer wes accepted be the saidis proveist and baillies of the said burghe of Edinburgh for themselves and in name of the counsell and commountie thairof, and ther successoures proveist, baillies, counsell and commontie of the said burghe with the express provisione, conditione and reservatione of the priviledges foirsaidis, to the quhilke voluntar offer and acceptatione foirsaid the saidis lordis of counsell and sessione interponit ther decreet and authoritie. Therefore our said soverane lord and estates of this present parliament, finding the mater abovewrittin to be reassonable and to tend to the advancement of religione and furtherance of the ministeres serveing the cure within the said burghe of Edinburghe to competent stipendis haife ratified and approvine, and be thir presentes ratifies and approves the foirsaid act quhilke wes givine in to his majestie and estates of the said former laite parliament, the reference therof abovewrittin to the saidis lordis of privie counsell, the foirsaid decreet or act fallowing therwpoun givine and pronunced be the saidis lordis of privie counsell, the foirsaid letter or ratificatione of the same act, reference thairof and decreet of the saidis lordis of privie counsell wnder the great seale, the foirsaid other act of the saidis lordis of privie counsell and the foirsaid act made in the saidis buikes of sederunte of sessione of the daites respective abovementionat, in all poynts, heidis, articles, clauss and conditiones thairinconteint, efter the formes and tennoures therof; and declaires this present ratificatione of the same to be alse valied, effectuall and sufficient in all poyntes and respectis as if the samene wer at lenth and word be word insert heerintill, dispensand be thir presentes with the not inserting therof; and ordeanes the first termes dueties respective abovespecified conteyned in the saidis actes respective to be and begine at the said feist and terme of Whitsonday in the said yeer of God j^M vj^C therttie seavine yeeres, and sua furth yeerlie and termlie thairefter at the saidis tuo termes in the yeer, Whitsonday and Mertimes in winter, be equall portiones perpetuallie in all tymethaireftir, and sicklyke ordeanes lettires, executorielles and executione to be derected, usit and execut heerwpoun, and wpoun the saidis actes respective abovespecified in maner thairin exprest, conforme to the tennour therof.