Page:The Laws and Acts of Parliament of Scotland.djvu/441

XXII. PARLIAMENT.. XXV I II. of June, i6i 7 . 419 this Kingdome, as they fhall think necefiar and expedient to exhibite and produce before them their rights and titles, whereby they claime the faidsteinds tobefeene and confidered be the faids Commiffioners, With power to them out ofchefaidsteinds of every Parochin, to appoint and affigne at their difcretions ane per- petual local ftipend to the Minifters prefent and to come at all Kirks that mail be found by them either as yet not provided at all , with Minifters and ftipends , or where the provifion is lefle nor five hundreth marks of yearlie rent in money , or five Chalders victual ( by manfe and gleibe ) or fik proportion particularly of filver and victual , as will efteir and extend to five hundreth Marks or five Chalders victual yearly , & which is the leaft and the meaneft ftipend and provifion determinate , appointed , and declared by his Majefty and E- ftates , to be given and afllgned to any Minifter for his local] ftipend in time comming , where the fruits of the Benefice will extend to that quantirie in maner under-written, and that notwithftanding of any right or title pretended by die faid Tackf-men , or others in whofe favours Teinds have been erected, With fpecial power alfo to the faids Commiffioners , to. unite fik Kirks , ane or moe as may conveniently be unite , Where the fruits of any one alone will not fuffife to encertain ane Minifter. In the which cafe of union of fik Kirks,if it fall out that neceffitie offer to unite Kirks belonging to the prefentatiqn of divers Patrons , the prefentation of the Minifters fliall be appointed by the faids Commiffioners to pertain to the Patrons (a/terms vicibus) to the which Commiffioners his Majeftie and die Eftates does recommend and refer to confider and appoint far- ther fik folide order as may be beft taken , and ftand with the leaft prejudice of any of the Patrons , and as they fliall be found to have more or leffe intreft in the Kirks to be fo unired. It is al wayes provided , that whereas there are divers Kirks whereofthefruicsofany one will not extend to the quantity of five Chalders victual, nor five hundreth marks of fil/er in yearly commoditie, and that the rents and whole patrimonie thereof are nowayes anfwerable to that proportion , and fo is not fiiiliaent the alone for the full maintenance of ane Mini- fter, and yet neverthelede for diftance of place, or other lawful caufes may be found incommodious to be united, whereby neceffity will evince, that every Kirk in thaceftate, fliouldbe planted with their own par- ticular Minifter to ferve thereat , whofe provifion behooves neceflanly to confift of the fruits of the Bcnifice it felf , how mean foever the fame be. THEREFORE IT IS Declared that it fhall be fufficient to the faids Commiffioners in that cafe to affigne &. appoint to the Mini fter to be planted at any fik Kirks the whole fruits perteining to the Patrimony thereof, by and attour his manfe & gleibe. Which fruits are to be injoyed by him and his fucceffburs thereafter, as their perpetual Local ftipend and provifion. And to the end die faid Commifllon may take the better effect , and for ane folide order anent die provifion of the faids Kirks , widi their certaine definite ftipend , and that it may be clearly known what lhall be the proportion and quantitie of any ftipend, which fhall be hereafter appointed to every Minifter, at any Kirk, either not provided at all , or not fufficently provided , as faid is. OUR Soveralgne LORD and Eftates Declares , that the leaft and meaneft ftipend which they have appointed to be hereafter provided by the faids Commiffioners to any Minifter fhall not be under and within the quantitie of five chalders victuall, or five hundreth marks of money, or proportionaly part of vicinal , and pa: • thereof in money , according as the fruits and rents of the Kirk may yeeld and afford , and as the faids Commiiiioners fhall think expedient , eiTeirand to the faids five chalders victual , or five hundreth marks money , by and attour their manfe and gleibe , where the whole fruits of the Kirk will extend to the quantitie forefaid, and that the greateft and moft ftipend which the faids Commiffioners fhall have power to affigne for ftipend to any Minifter at any of the faids Kirks, aither not planted or planted , and provided with ftipends within and under the faid five chalders victualler five hundreth marks of money , as faid is , fliall not exceed the quantitie of Ten chalders victual , or ane Thoufand marks of money , and proportionally part of money, and part of victuall , at the confideration of the faids Commiifioners , as they fhall finde by examination of the rents of the Kirk moft conveniently may be payed by and attour their manfe and gleibe. Swa the greateft fliall be ane Thoufand marks , or Ten chalders victuall with manfe and gleibe , and the leaft five hundreth marks, or five chalders of victual , with manfe and gleibe , except where the whole fruits ef the Kirks will not exrend to thar quantitie, as faid is. And finds and declares, that all Kirks which are planted with Mini- fters,whofe ftipends extends to five chalders victuai,or five hundreth marks of filver or part of both' effeirand to the whole by their manfe and gleib , (the fame being made fureto them) are exprefly excepted out of' this Commilfioii , and no wayes comes under the. compafie thereof, neither lhall the faids Commiffioners have any power by vertue hereof to meddle widi any Kirks or ftipends which are in that cafe , feeing the faid Comnnliion is not extended to the fame. IT IS alfo provided, that where any Kirks are already fumciendy provided, albeit their provifion does exceed the forefaid quantity of ten chalders viccuall , or ane thoufand mark? of money , And als where the fruits of any Benefice are in the pofTeiTion of the Minifter , that the 1 fame fhall be continued in the eftate wherein it is at the prefent , and not to be medled with by vertue of the paid Commiffion. And becaufe reafon and equity craves , that recompence fliould be made unto the Tackf- jmen and others perfons whatfomever , wholhallbebythefentenceofthe faids Commiffioners hurt and prejudged of their prefent profit, which they may lawfully bruik by vertue of their titles and rights, efta- blifhed in their perfons, and upon whom by vertue of the faid fentence , any burden of the fuftentation and I provifion of the faids Kirks and Minifters is to be impofed. Therefore OUR faid Soveraigne L O R D and Eftates of Parliament gives full power and commiffion to die faids Commiffioners , fo to proceed in the determining of the faids recompences , That iacafe the Lord or