Acts and Proceedings of the General Assemblies of the Kirk of Scotland, 1560-1618. Originally published by [s.n.], Edinburgh, 1839.
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A. D. M.D.LXXI.
The Convention of the Kirk haldin in the Kirk of Leith, 12 January 1571: In the quhilk were present the Superintendents, Barrons, Commissioners to plant kirks, Commissioners of Provinces, Townes, Kirks, and Ministers. Mr Gilbert Gairdin continuit Moderator.
[Upon the 12 of January there was a Convention of Superintendents, Commissioners, Ministers, Commissioners from Towns and Kirks, in Leith, whose names doe follow, Johne Areskine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Spotswood, Superintendent of Lothian, Mr John Winrame, Superintendent of Fife and Stratherne, Mr David Lindsay, Commissioner of Kyle, Carict and Cunninghame, Mr Robert Pont, Commissioner of Murrey, Mr Andrew Hay, Commissioner of Cliddisdaill, Ranfrew, Lennox; Commissioners of Provinces, Towns and Kirks, Robert Grahame of Montrose, Mr James Halyburton, William Christeson for Dundie, Mr John Preston, Adam Fullerton of Edinburgh, John Anstruther of that ilk, John Beton of Balfour, Patrick Kinnimouth for Fife, Mr William Lundie of that ilk, Thomas Scot of Abbotshall, Mr John Young for Irving, James Dalrymple for Air, James Cockburne and John Gray for Haddinton, William Lawder of Hawtoun, Knight, Robert Fairley of Braid, James Rig of Carbarrie, James Johnstoun of Elphinston for Lothian, Andrew Ker of Fadownside for Teviotdaill, Walter Cant and Mr William Balfour for the Kirk of Leith, Mr James Wilky for the University of Saint Andrews; Barons, Thomas Kennedie of Barganie, John Lockart of Barr, Hugh Wallace of Carnall, Hugh Montgomerie of Hessilhead, John Neilson of Craigaffie; Ministers, Mr David Lindsay for Leith, John Duncanson for his Majesties house, Mr Andrew Simpson of Dumbar, John Brand of Halyrudhouse, Mr James Carmichael of Hadinton, Alexander Forrester of Tranent, William Sanderson of Whittingham, William Harlaw of St Cuthbert, Alexander Blackhall of Cranston, John Burn of Mussilburgh, John Durie of Restalrig, John Clapperton of (Caldstreme ?), Mr Thomas Cranston of Peebles, Mr Peter Primrose of Machlin, Mr John Inglis of Ochiltrie, Mr David Wemes of Glasgow, George Scot of Kirkaldie, Mr William Edmistone of Cargill, Robert Grahame of Abertill, Mr John Rutherford of (Quilt ?), Mr William Clerk of Anstruther, David Ferguson of Dumfermling, Peter Blackwood of (Salling ?), John Dykes of Culrose, Mr James Panton of Mr Robert Montgomerie of Dumblane, Mr George Lesly of Kilconquhar, Mr James Melvill of Menmure, James Anderson of Kettins. C.]
The brethren presentlie conveinit all in ane voyce concludit, That this present Conventioun sall have the strenth, force and effect of ane Generall Assemblie; and that all things be treatit and endit heirin, that may goodlie be done and useit to be concludit in any Generall Assemblie: Not theless, that all sick brethren as may goodlie travell, conveine to the Generall Assemblie to begin in St Androes the saxt day of Marche nixt to come; and the Moderatour to continue to that tyme, and make exhortatioun, [as before is ordained] according to the rule.
[The brethren assembled, in one voice and mind, gave their full commission and power to the honourable and their beloved brethren, John Areskine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winrame, Superintendent of Fife and Stratherne, Mr William Lundie of that ilk, Mr Andrew Hay, Commissioner of Cliddisdaill, Mr David Lind say, Commissioner of Kyle, Mr Robert Pont, Commissioner of Murrey, Mr John Craig, one of the ministers of Edinburgh, or any four of them, to compear before my Lord Regents Grace and so many of the Lords of Secret Counsell as his Grace shall appoint, in Leith this instant moneth of January, and there, in the Kirks name, most humbly propone, shew and declare the articles, heads, supplications and complaints delivered to them be the Kirk presently assembled, most humbly requesting for answer thereto; to conferr and reason with his Grace and counsell forsaid, upon such heads and articles as shall be proponed to them be his Grace and Counsell, and to conclude therein, conforme to the instructions given to them be the Kirk, &c., and to report the saids heads and articles with their conclusions thereupon to the nixt Assembly, to begin at Sanct Andrews the 6 of March nixt to come; to the effect the same may be insert among the Acts of the Generall Assembly, &c.: firm and stable, &c.
Item, Ordaineth the saids brethren to pen the heads and articles for the Kirk; and to deliver the double of them to the clerk, to be registred in the Register of the Assembly.
Ordained, That William Christeson, Minister of Dundie, warn John Calder of Aslowan, Collector of Aberdeen and Bamff, to resort to the nixt Assembly, to give ane account of his intromissions since his entry to the said office, and to answer to such things as shall be laid to his charge, under the pain of deprivation from his office; and Mr George Hay, Commissioner for the said countries, to compear before the nixt Assembly, to give account of his diligence in execution of his commission.
Sessio 5a. January 17.
Compeared Mr Robert Pont, Commissioner of Murrey, who declared in the Assembly, that through the troubles raised in the north, wherethrough, as the brethren were not ignorant, he was not able to travell there in his commissionary; in respect whereof he demitted his commission simpliciter on the Kirks hands, requesting them to provide for such as they thought might profite in the said countrey, that it be not destitute of a visitour. C.]
The Kirk understand that my Lord Regents Grace and Counsell was desyrous that Mr Robert Pont sould accept the place of ane of the Senators of the Colledge of Justice, quhilk he on nawayes wald accept without the advyse of the Kirk; therfor the haill brethren assemblit gives licence to the said Mr Robert to accept and use the said place of a Senatour in the Colledge of Justice, quhat tyme he sall be requyrit thereto; provydeing alwayes that he leave not the office of the ministrie, but that he exercise the same, as he sould be appoyntit be the Kirk: And this their licence to the said Mr Robert to be no preparative to other ministers to procure sick promotioun, unless the Kirks advyse be had of befor, and licence obtained thereunto.
[The Articles and Formes of Letters, concerning provision of persons to benefices, and spirituall promotions, agreed upon be the Commission of the Kings Majesty and the Reformed Kirk of Scotland, in their Conference had at Leith, in the moneth of January 1571.
Apud Leith, xvj die mensis Januarij, anno Domini 1571.
The quhilk day, my Lords Regents Grace, with advice of the Lords of
Secret Counsell, in our Soveraign Lords name and authority, gives and
grants power and commission to the noble and mighty Lords, James Earle
of Morton, Lord of Dalkeith, Chancellor of Scotland, William Lord
Ruthven, Thesaurer, Adam Bishop of Orknay, Robert Commendator of
Dumfermling, Secretar to our Soveraign Lord, Mr James M'Gill of
Rankeiler-nether, Clerk of Register, Sir John Ballenden of Anchnoule,
Knight, Justice Clerk, Mr William Lundie of that ilk, Coline Campbell
of Glenurquhy, or any four of them, to conveen, advise, treat and conclude
with the Superintendents and Ministers in the Kirk, or Commissioners
authorized be them, anent all matters tending to the ordering and establishing of the policy of the Kirk, the sustentation of the Ministers, and
support of the Kings Majesty, and common affaires of the realme, to continue in such order as shall be agreed upon while his Highness perfect age;
or while the same be altered and abolished be the three Estates in Parliament: promittand to hold firm and stable, all and whatsomever the saids
Commissioners does and concludes in the premises. Subscrived be the
said Lord Regent, day, year and place forsaids. Sic subscribitur,
Apud Leith, the xvi day of January.
The whole brethren conveened, in one voice and mind, gives full commission and power to the generous and loving brethren, John Areskine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winrhame, Superintendent of Fife and Stratherne, Mr William Lundie of that ilk, Mr Andrew Hay, Commissioner of Ranfrew, Cliddisdaill and Lennox, Mr David Lindsay, Commissioner of Kyle, Carict and Cunninghame, Mr Robert Pont, Commissioner of Murrey, Mr John Craig, one of the ministers of Edinburgh, and Adam Fullertoun, one of the Commissioners of the town of Edinburgh, or to any four of them, to compear before my Lord Regents Grace, or so many of the Lords of his Graces Counsell as he shall appoint, this instant moneth of January or thereafter to the sixth day of March nixt to come; and there, in the Kirks name, most humbly propone, shew and declare articles, heads, supplications, complaints delivered to them be the Kirk presently assembled, most humbly requesting for answer thereunto; confer, reason and conclude with his Grace and Counsell forsaid, upon such heads and articles as shall be proponed to them be his Grace and Counsell, conform to the instructions given to them be the present Assembly; and to consent to all and whatsomever shall be treated in the said time, tending to the glory of God, setting fordward the preaching of his word and maintaining thereof, the Kings Majesties authority, and common wealth of this realme. Whatsomever happeneth to be concluded on be them in the premises, to report the same to the nixt Assembly, to beginn at Sanct Andrews the sixt day of March nixt to come; or to the effect the same may be insert in the Register of the Assembly of the Kirk: firm and stable holding, and for to hold all and whatsomever the saids brethren or any four of them in the premisses conclude to be done, &c. Given in the Generall Assembly and second session thereof be the Clerk of the same, day, year and place forsaid.
At Leith, the xvj day of Januar 1571.
Anent Archebischoprikkis and Bischoprikkis.
It is thocht, in consideratioun of the present state, That the names and titillis of Archebischoppis and Bischoppis are not to be alterit or innouat, nor zit the boundes of the Dioceis consoundit; bot to stand and continew in tyme cuming, as thay did befoir the reformatioun of religioun; at leist, to the Kingis Maiesties maioritie, or consent of Parliament.
That personis promovit to Archebischoprikkis and Bischoprikkis be, safar as may be, indewed with the qualiteis specifeit in the Epistlis of Paule to Timothe and Tytus.
That thair be a certane assembly or cheptoure of learnit ministeris annext to euery Metrapolitan or Cathedrall seatt.
To all Archebischoprikkis and Bischoprikkis vacand or that fall happin to vaik heirefter, personis qualifeit to be nominat within the space of zeir and day estir the vacance; and the personis nominat, to be xxx zeirs of age at the leist.
The Deane, or failzering the Deane, the nixt in dignitie of the Cheptoure, during the tyme of the vacance, salbe Vicar generall and vse the jurisdictioun in spiritualibus as the Bischop mycht have vsit.
All Bischoppis and Archebischoppis to be admittit heirefter, fall exerce na farther iurisdictioun in spirituall functioun nor the superintendentis hes and presently exerces, quhill the same be agreit vpoun; and that all Archebischoppes and Bischoppis be subiect to the Kirk and Generall Assembly thairof in spiritualibus, as thay ar to the King in temporalibus; and haif the aduise of the best learnit of the Cheptoure, to the nowmer of sex at the leist, in the admissioun of sic as sall haue spirituall functioun in the Kirk; as alsua that it be lauchfull to als mony vtheris of the Cheptoure as plesis, to be present at the said admissioun, and to voit thairanent.
Anent Abbacijs, Priorijs, and Nunrijs.
That na dispositioun or provisioun salbe maid of ony abbaceis or prioreis now vacand or that heirefter sall happin to vaik; nor na letters salbe grantit be the Lordes of Sessioun for ansuering the fruitis of ony pairt thairof to ony persoun or vse, quhill first it be considerit quhat portioun of the rentis consistis in kirkis and teindis, and quhat portioun in temporall landes: And, first of all, prouisioun salbe maid be auise of the Bischop or Superintendent, within quhais province the abbacy or priorie lyis, how the ministerie belanging thereto salbe sustenit of the fruitis belanging to the same kirkis, gif it be possible, be speciall assignatioun of samekle ȝeirlie stipend as salbe found reasonable, and be appoynted be the Bischop or Superintendent of the province, and sic of the Kingis Maiesties Counsale as salbe direct to accord with him thairvpoun.
As for the remanent proffite and title of the benefice, becaus the possessoure of the same mon supplie the place of ane of the Ecclesiasticall Estate in Parliament, neidfull it is, that he quha sall haue the stile, title and place of Abbot, Priour, or Commendatar, be well learnit and qualifeit thairfore; and for triall of his qualificatioun, the Kingis Maiesties letter commendatary vnder the signet, salbe direct to the Archebischop or Bischop of the province, quhairin the abbay or priory lyis, to try and examinat his learning and habilitie; and vpoun testimoniale of his habilitie fra the Ordinar, the persoun nominat sall compeir befoir the King and Regent, and gif his ayth in forme as the Bischoppes dois; and then sall the Kingis letters and prousioun vnder the great seill be exped, direct to the Ordinar, Bischop of the province, or vtheris brouking the dignities or superiour offices in the seatt, to gif him institutioun.
The present Convent of ony abbay or priory being haill departit this lyff, in thair places, the ministeris serving the kirkis of the same abbay or priory salbe the Cheptoure, or assessouris to the Commendatar, in geving of ony infestmentis, takkis, richtis or dispositionis of rentes concerning the leving.
That the personis thus prouidit and admittit Commendatares, may be promouit as thay salbe found worthy, to be Senatours for the Spirituall Estate in the College of Justice; or may be employit be the King in the necessar effaires of the common weill; it being first prouidit, that na kirk belanging to thair leving be destitute of ministratioun, and the consent and beneuolence of the Ordinar alsua obtenit thairto.
Anent Benefices of cure vnder Prelacijs.
All benefices (vnder prelacijs) havend cure of saules, quhilkis ayther of auld pertenis to the Kingis patronage, or newly ar cum in vfe, and be Parliament ordanit to be at his Hienes patronage, sall sua continew conforme to the Actes of Parliament; and that the lawic patrones alwayes brouke and vse thair awin richtis.
Nane salbe admittit or ressauit to ony benefice of cure, bot sic as ar qualifeit; and sall then enter in the functioun of the ministerie alsone as they ressaue ony fruitis of the benefice, and sua continew.
Nane salbe admittit to the office of a minister within the aige of xxiij yeris compleit.
Quhair personages and vicarages ar coniunct, sa sall thay remane; and, likwise, quhair they ar separat and difiunct, sa to continew.
It sall not be lefull to ony enterand in the functioun of the ministerie, to leif that vocatioun and the place appointed for his residence, abone the space of fourty dayes in the ȝeir, without a lauchfull impediment, and licence baith of the King, and Ordinar quhair the benefice lyis, vnder the pane of depriuatioun.
All sic as ar or salbe found worthy and qualifeit ministeris and preacheris, salbe plantit and destributed throuchout the haill realme: and that thair be redaires specialie appointed at euery seuerall kirk, quhair convenientlie it may be, quhilkis being found qualifeit be the Bischop or Superintendent, and enterand be the lauchfull order of the true reformit Kirk, sall ministrat the sacrament of baptysme, and mak mariages eftir proclamatioun of the bannes lauchfullie and orderlie as efferis.
All vicarages of or within the ȝeirlie value of fourty pundes, may be conferred to redaires; but gif thay exceid the rent, nane to be admitted to thame bot sic as can preache or minister.
Item, Lik as quhair the rent of the benefice is small, the stipend mon be eikit; sa quhair the rent of the benefice is gretar nor the appointit stipend of that place, the superplus sall ly and be comptable to the supplie of vther rowmes not sa plenteous, be the Ordinar, with auise of sic as the King sall appoint to accord thairvpoun.
That all common kirkis be disponit as benefices to qualifeit persones.
That nane be admittit heirefter to pluralitie of benefices with cure. The last presentatioun of the lawic patroun shall be admittit and preferrit.
The Vniuersities within quhilkis thair is exercise of liberall Science, sall brouke the patronage of the kirkis and chapellanries annext to thair Collegis, presentand qualifeit personis to the kirkis; and bursaires within thair awin College to the chapellanries; quhairin gif thay failȝe, the Ordinar to dispone the same, jure deuoluto; and failȝeing the Ordinar, the King.
Considering that the conservatioun and purgatioun of the religioun cheiflie appertenis to christiane and godlie kingis, princes, rewlayres and magistratis; and that it is maist requisite that the kirkis within this realme be seruit be pastoures of sound religioun, obedient to the authoritie of the Kingis Maiestie oure Souerane Lord, it is deliberat, concludit, statute and ordainit be my Lord Regentis Grace, in his Hienes name, with auise of the Lordes of his Hienes Previe Counsell and of the Commissioners of the reformit Kirk of Scotland, That euery persoun quha sall pretend to be a minister of Goddes word and sacramentis, or to brouke and possess ony spirituall promotioun or leving quhatsumeuir furth of ony benefice or spirituall promotioun, sall, in the presence of the Bischop or Superintendent of the diocy quhair he has or sall haue ecclesiasticall leving, bering title of benefice, stipend, pensioun or portioun, declair his assent, and subscriue to all the articles of religioun, quhilkis only concernis the confessioun of the trew christian fayth and the doctrine of the sacramentis, contenit in the Actes of Parliament halden in the first ȝeir of the reigne of oure Souerane Lord that now is, intitulat, "The Confessioun of the Faith and Doctrine beleuit and professit be the Protestantes of the realme of Scotland, exhibeit to the Estates of the same in Parliament, and be thair publict votes authorized as a doctrine foundit vpoun the infallible word of God"; and gif his aith for acknawleging and recognoscing of the Kings Majestie and his authority, according to the form presentlie sett out; and sall bring from the Bischop or Superintendent a testimoniale in writing, of sic assent, subscriptioun and aith; and oppinlie, on sum Sonday, in tyme of sermon or publict prayers in the kirk, quhair, be ressoun of his ecclesiasticall leving, he aucht to attend, or of the fruitis quhairof he ressauis commoditie, reid baith the Testimoniale and the Confessioun; and of new mak the said aith, within the space of ane moneth eftir his admissioun or prouisioun to the same ecclesiasticall leving or ȝeirlie commoditie, vnder the pane that euery persoun that sall not do as is abone appointed, within the space foirsaid, salbe, ipso facto, depriuit, and all his ecclesiasticall promotiones salbe vacand, as gif he wer than naturallie deid; and that all personis to be admittit to Prelacijs, quhairby thay ar to haue vote in Parliament, mak the said ayth in presence of the King, his Regent, or Privy Counsell, within the said space, vnder the pane abonewritten.
It is deliberat, thocht expedient and commandit, That all Bischoppes, Superintendentes, Preachers and Ministeris of the word of God, sall ernestlie and diligentlie admonische the people within thair cures, to continew in thair faith and obedience to the Kingis Maiestie oure Soueraine Lord his Regent and authoritie; and quhasaeuir hes maid defectioun or heirefter fall mak defectioun from the same obedience, to admonish thame; and in cais of thair wilfulnes and obstinacy, to proceid agains them be censures of the Kirk, to excommunicatioun.
Of Prouestrijs of College Kirkis, and vtheris benefices vnder Prelacijs, quhairvnto diuers kirkis ar annext.
That na dispositioun or prouisioun be maid of ony deanryes or prouestreis of College kirkis, or vther benefices vnder Prelacijs, quhairvnto diuers kirkis ar annext, now vacand or that heireftir sall happin to vaik; nor that na letters be grantit be the Lordes of Sessioun, for answering the fruitis of ony part thairof to ony persoun or vse, quhill first it be considderit quhat is the rent of the benefice and quhairin it consistis; and that prouisioun be maid, how the ministerie of euery ane of the seuerall kirkis salbe sustenit of the fruitis of the same kirkis, gif it be possible, be speciall assignatioun of samekle ȝeirlie stipend as salbe found reasonable, and be appointed be the bischop or superintendent of the province, and sic of the Kingis Counsale as salbe direct to accord with him thairvpoun.
Item, Gif the leving baith of the prouestreis and prebendaries be foundit vpoun the fruitis of the paroche kirk, the kirk sall first be prouidit of a minister, and speciall assignatioun maid for his payment, befoir the titill of the haill be disponit to ony ane persoun.
Of the dispositioun of Prouestreis Prebendareis in College Kirkis, foundit vpoun temporall landes or annuellis, as alsua of Chapellanreis being of the like foundatioun, for support of the scoles and incres of Letters.
All prouestreis and prebendaries in College kirkis, foundit vpoun temporall landes or annuellis, and all chaiplanryes being of the like foundatioun, now vacand or that sall happin to vaik, salbe gevin and disponit be the Kingis Maiestie, or vther lauchfull patronis, to bursaires and studentis in Grammer, Art, Theologie, the Lawes, or Medicine, in maner following; that is to say, the certane rentale salbe inquirit be the Bischop or Superintendent of euery diocy, of all prouestreis, prebendaryes or chapellanries being within thair diocyes; and thairvpoun ane buke salbe deliuerit be thame to the Regent, and remane in the Register, betuix and the last day of March nixtocum.
Item, All prouestreis, prebendaries or chaipellanries being of or within the ȝeirlie rent of xx merkes, salbe gevin to a bursar in Grammer; and of the sowme of xx lb. or within, abone xx merkes, to a bursar in Art; and all of the sowme of xxx lb. or within, abone the sowme of xx lb. to a bursair in Theologie, Lawes, or Medicine.
Nane salbe admittit a bursair in Grammer being vnder the aige of sevin ȝeirs, nor past the aige of xiiij; and fall brouke the commoditie during the space of sevin ȝeirs only.
Nane salbe admittit a bursar in Art being vnder the aige of xiiij ȝeirs; and fall brouke the commoditie during the space of five ȝeirs only.
Nane salbe admittit bursair in Theologie, the Lawes, or Medicine, quhill he be first past Maister in Arte in ane of the Vniuersities of this realme; and sall brouke the commoditie during the space of sex ȝeirs only.
All bursaires in Grammer salbe presented to a Grammar scole in ane of the Vniuersities, or vther famous scole in ane of the cheif burrowis or townes of the realme.
All bursaires or studentis nominat to sic prouestreis, prebendaries and chaipellanries within the diocyes of Abirdene, Murray, Ross, Caithnes and Orknay, salbe presentit to study thair Art, Theologie, the Lawes, or Medicine in the College of Abirdene.
All within the diocijs of Sanct Androis, Dunkell, Dumblane and Brechin, to study thair Art, Theologie, Lawes, or Medicine, within ane of the Colleges of the Vniuersitie of Sanct Androis, quhair my Lord Regentis Grace or the patronis sall appoint.
All within the diocyes of Glasgow, Galloway, Argile and the Iles, to study thair Art, Theologie, the Lawes, or Medicine, within the Pedagogy of Glasgow.
Nane salbe admittit to pluralitie of prouestreis, prebendareis and chaippellanreis; and quhair ony prouestrie or prebendarie excedis the sowme of xxx lb. in ȝeirlie rent, it salbe diuidit, and samekle thairof appointit to the bursair of Theologie, the Lawes, or Medicine, and the remanent, according to the rait and value, to ane vther bursar: And gis ony past his cours in Grammar be desirous to pas to the Vniuersitie, and study in Art, Theologie, the Lawes, or Medicine, the chaipellanry or prebendarie be had of besoir, may be of new conferrit to him, during his study in ony ane of the saidis Sciences, he haveand alwyse new presentatioun in ordinar forme.
The bursaires nominat sall first be found be the Maister or Principall of the College of sic aige as is befoir written, and apt for the study in sic faculty as he is ordanit vnto, befoir he gett the Kingis or vther patronis gift, and that vpoun report or testimoniale from the Maister or Principall of the College, according to the forme and order prescriuit; and gif he continewis not at the study during the tyme and in place appointit, or vtherwise gevis occasioun of deprivatioun, he salbe depriuit, and ane vther nominat and prouidit of new; quhairin the Kingis Maiestie and vtheris patronis sall alwyse haue thair place and patronage; and the maister sall certefie the causs of deprivatioun to the patroun within a moneth efter the same, that the patronis may present within sex monethes of new.
Generall Articles for Reformatioun of certane Abuses.
Quhaireuir actioun or pley is or salbe tueching the payment of thriddes, befoir he that is in possessioun of the thrid be hard or admitted in processe, he salbe haldin to find cautioun to pay the ministeris seruing the kirk or kirkis of the benefice, out of the quhilk the same thrid suld be payit of thair appointit stipendis, sa far as the thrid extendis to, during the dependance of the pley.
Item, In further pvnishment of the personis now at the horne, or sall happin to be denuncit rebellis, for non payment of the thriddis, and to further the recovery of payment of the same, That the personis gevin in dewly execute and indorsat at the horne, be chargit to compeir befoir the Regent and Lordes of Secrete Counsale at ane certane day, to ansuer to sic things as salbe inquirit of thame; at quhais comperance thay salbe accusit for thair contempt, and salbe committit to waird quhill they haue payit the debt and obtenit thameselffis relaxt fra the horne; and that the Solistar of the Kirkis effaires await diligentlie heirvpoun, according as he sall ressaue aduertisment of the difobedientes fra the collectouris or vtherwise.
Item, That all fewes, rentales or takkis of ony spirituall levingis and promotionis, to be maid efter the dait of this present Act, in diminutioun, hurt or preiudice of the present rentale, salbe in law null and of nane avale. And that the certantie of the present rentale may be knawn, the Commissioners of the Kirk hes takin in hand to caus the same be drawin in ane autentik forme, betuix and the last day of Marche nixtocum, and a buke of the same deliuerit to remane with my Lord Regent to the Kingis vse; to the effect that mair formaly resolutioun may be takin in the nominatioun and dispositioun of all benefices.
Item, The Lordes of Sessioun of the Spirituall Estate vnder Prelacijs that cleamys the immvnitie of payment of thair thriddes, sall, at the leist, pay the stipend of the ministeris seruing at thair awin kirkis, as the same falbe modefeit and appointed be the Commissioners from the Kingis Counsale and Kirk.
Item, It is thocht meit, that be ane act and warrand of the Secrete Counsale, the Prouestis and Baillies of all burrowis that he gottin the gift of thair annuellis, be chargit to send, with thair Commissioners to Parliament, thair giftes to be sene and considderit, the rentals of sic thingis as thay haue in possessioun or can cleame be the saidis giftes, to the end that it may be sene that the thing disponit be employit to godlie vses, according to the intentioun of the gevares and forme of the giftes.
For support of the pure in a part, That all to be admittit to spirituall promotioun, heirefter to be haldin to pay the tent part of all sic portioun of thair spirituall promotionis and levings as consistis in teyndis, to the pure.
The Maner of Creating of a Bischop.
Trusty and weilbelouit, We great ȝou weill: Forsamekle as the Bischoprik of A. presentlie vaikis be the deceis or forfaltour &c. of the late incumbent of the same, and calling to oure rememberance the virtu, learning, gude conuersatioun and vther godlie qualiteis of oure trusty and weilbelouit B. C., preacher of the word of God, We haue thocht gude, be thir oure letters, to name and recommend him to ȝow, to be chosin to the said bischoprik of A.: Quhairfore We require ȝow immediatelie vpoun the recept heirof to proceid to ȝoure electioun, according to the lawes of oure realme, and oure licence to cheis, send vnto ȝow heirwith; and the same electioun sua maid, to certefie vnto ws vnder ȝoure commoun seill. Gevin vnder oure signet and subscriuit be oure richt traist cousing, Johnne Erle of Marr, Lord Erskein, Regent to Ws, our realme and liegis. At, &c.
Licence to Cheis.
Oure Souerane Lord, with auise and consent of his richt traist cousing, Johnne Erle of Mar &c., ordanis ane letter to be maid vnder the great Seill in dew forme, direct to the Deane and Cheptoure of the Cathedrall kirk of N., makeand mentioun, That it is humblie menit to his Hienes and his said Regent on the part of the saidis Deane and Cheptoure, how the kirk forsaid presentlie vaikis and is destitute of a pastour be the naturall death or be forsaltour &c. of the last bischop thairof, and that his Hienes will grant thame licence to cheis ane vther bischop and pastour: His Maiestie fauorablie inclynand to thair desire, hes thocht gude to grant the same; requiring the saidis Deane and Cheptoure to cheis sic ane in bischop and pastour of the said bischoprick, that salbe devote to God, and to his Hienes and his realme, proffitable and faythfull; and that preceptis be direct heirvpoun in dew forme as effeiris. Subscriuit be the said Regent. At, &c.
The sorme of Edict to conuene the Cheptoure for Electioun.
Forsamekle as oure Souerane Lordes letters vnder his Hienes great seill, ar direct to the Deane and Cheptoure of the Metrapolitane kirk of A. grantand thame licence to cheis ane vther bischop and pastoure, the sett now vacand be the naturall death of the last bischop thairof; requiring thame to cheis sic ane in bischop and pastoure of the same, as salbe devote to God, and to his Hienes and his realme, proffitable and faithfull. And to the effect that the electioun may proceid to the pleasoure of God, and to the weill of the King, the Kirk and realme, the day of is appointit; requiring and charging heirfore all the godlie ministeris within the said diocy, nominat and appointed to represent the Cheptoure in the reformit Kirk, that they be present at B. the said day, to doe and performe that quhilk to thame in the said electioun appertenis. Subscriuit, &c. At, &c.
The testimoniale of the Deane and Cheptoure returnit to the King and his Regent.
To the richt excellent, richt heich and michtie Prince James, be the grace of God, King of Scottis, oure Souerane Lord, ȝoure Maiesties daylie oratouris and humble subiectis, the Deane and Cheptoure of the Cathedrall kirk of N. humble reuerence and submissioun: Forsamekle as we having ȝoure Hienes licence to cheis and bischop and pastoure to the said kirk now vacand be the deceis of the last incumbent, hes tryit and examinat the qualificatioun of our weilbelouit brother, N. nominat and recommendit be ȝoure Maiestie, quhome we haue found a personage indewit with virtew, learning, gude conersatioun and vther godlie qualities, and able to discharge the office of ane bischop in the Kirk of God; and thairfoir hes elected him thairvnto, humelie craving and requiring ȝoure Hienes to grant ȝoure Royall assent and approbatioun to oure said electioun, be ȝour Maiesties letters vnder ȝoure great seale, in dew and competent forme as efferis. Gevin vnder oure commoun seill and subscriuit with oure handes. At, &c.
In cais the Persoun nominat be not found qualifijt.
Hes tryit and examinat the qualificatioun of N. nominat be ȝoure Maiestie, and findis him not qualifeit in the haill or part of the qualities requirit in a bischop; maist humbly thairfoir craving and requiring ȝoure Hienes, That, with all convenient expeditioun, sum other sufficiently qualifeit may be of new nominat and recommendit to the said bischoprik, that the kirk of God be not destitute of a pastoure.
The Confirmatioun, Prouisioun, and Royal Assent, vpoun the Cheptoures certificat maid of their electioun.
Our Souerane Lord, with auise and consent, &c. ordains ane letter to be maid vnder the great seill in dew forme, direct to the maist reuerend Father in God and his Hienes weilbelouit A. be the permissioun of God, Archebischop of S. or to quhatsumeuir vther bischoppes to quhome in this part it appertenis, makand mentioun, That, the seitt of N. latelie vacand be the naturall death of the last bischop thairof, or be forfaltour, translatioun, dimissioun or depriuatioun, &c. his Hienes, at the humble petitioun of the Deane and Cheptoure of the Cathedrall kirk of N., be his Maiesties letters vnder the great seill, hes grantit licence to thame to cheis ane vther in bischop and pastoure of the seitt forisaid. The same Deane and Cheptoure, be virtew of the said licence, hes choisit his Hienes weilbelouit, A. B. precher of the word of God, in bischop and pastour to thame of the said kirk; as be thair letters vnder thair commoun seill directit to his Hienes mair plainly may appeir: Thairfoir our said Souerane Lord acceptand the said electioun, hes gevin his royall assent thairto, as alsua his fauour; and signifeis the same to the said Archebischop or Bischop be the said letter, requiring, and in faith and lufe quhairby thay ar haldin to his Maiestie, commanding thame to consecrat the said A. B. electit, as said is, in bischop and pastoure of the kirk foirsaid, and to consirme the said electioun, and all and findre vther thingis to do belangand to thair pastoral office in that part, efter the forme of the lawis of this realme, with all diligence, fauour and effect. Subscriuit be the said Lord Regent. At, &c.
Gif he be a Bischop already, and is to be translatit, then to vse thir wordes.
And the same A. B. bischop and pastoure of the Cathedrall Kirk foirsaid, be translatioun to confirme, &c.
Efter the Consecratioun, the new maid bischop sall compeir befoir the Kingis Maiestie or his Regent, and mak his ayth, as followis.
I, A. B. now electit bischop of S. vtterlie testefeis and declaires in my conscience, That ȝoure Maiestie is the only lauchfull and supreme Governour of this realme, as well in things temperall, as in the conservatioun and purgatioun of the religioun; and that na foreyne prince, persoun, prelat, state, or potentat, hes or aucht to haue ony jurisdictioun, power, superiouritie, preheminance or authoritie Ecclesiasticall and Spirituall within this realme; and thairfore I vtterlie renunce and forsake all foreyne jurisdictionis, powers, superioriteis and authoriteis, and promises that fra this furth I fall and will beare fayth and trew allegeance to ȝoure Maiestie, ȝoure aires and lauchfull successours; and to my power sall assist and defend all jurisdictiones, preuilegis, preheminances and authoriteis grantit and belangand to ȝoure Hienes, ȝoure aires and lauchfull successours, or vnyted and annext to ȝoure Royale croun: and farther I acknawlege and confesse to haue and hald the said bischoprik and possessionis of the same, vnder God, only of ȝoure Maiestie and croun Royale of this ȝoure realme: And for the saidis possessionis I do my homage presentlie to ȝoure Maiestie, and to the same ȝoure aires and lauchfull successours salbe faithfull and trew. Sa help me God.
Restitutioun of the Bischoppes Temporalitie.
Oure Souerane Lord, with auise and consent of his richt traist cousing, &c. ordanis ane letter to be maid vnder the previe seill in dew forme, makand mentioun, That, the bischoprik of N. vacand be the deceis of the last bischop thairof, the Deane and Cheptoure of the Cathedrall kirk foirsaid, be his Hienes licence socht and obtenit, hes electit his Hienes weilbelouit A. B. prechear of the word of God, in thair bischop and pastoure: To quhilk electioun and persoun electit his Maiestie hes gevin his Royale assent and fauour, and hes ressauit his fidelitie dew to his Hienes for the said bischoprik, restorand to him the temporaliteis thairof be thir presentis; and that the saids letters be extendit in the best forme with all clauses neidfull, with command in the samine to the Lordes of Counsale and Sessioun, to grant and gif letters in the foure formes, at the instance of the said A. B. now electit, admittit and confirmit Bischop of C. to caus him to be ansuerit and obeyit of the said temporalitie thairof, and vthers fruitis and rentes of the same fra the seist of D. last bipast, in dew and competent forme as efferis. Subscriuit be the said Lord Regent.
Touard the Chapters of Metropolitan and Cathedrall Kirkis.
Becaus diuers of the Deanryes, and vther dignities and benefices callit Channonreis and Prebendareis in Metropolitan and Cathedrall kirkis, ar possessit be personis that hes not maid prosessioun of the trew religioun; and vtheris that, althocht thay haue maid prosessioun of the trew religioun, ȝit haue not enterit be lauchfull order of the trew reformit Kirk in the functioun of the ministerie, and sa nather the ane nor the vther sort ar thocht meit to haue vote in the electioun of the trew bischop; thairfoir, in tyme cuming, this order salbe obseruit as interim, alsweill for bischoprikkis now vacand or that heirefter sall happin to vaik, salang as the benefices of the auld Cheptoure are not in the possessioun of the ministerris of the Kirk professouris of the trew religioun, that is to say, sa mony of the auld ordinar Cheptoure as ar presentlie lauchfull Ministeris and professoures of the said trew religioun, sall haue thair awin vote, place and priuilege; and in place of sa mony of the vtheris, present possessoures of the benefices of the Cheptoure, now possessit be personis not professing the trew religioun, or that has not enterit or sall not enter be lauchfull order of the trew reformit Kirk, in the functioun of the ministerie, salbe nominat als mony of the maist godlie and learnit ministerris seruing the kirkis within that province.
It is considderit, that of the Archebischoprikkis within this realme and Bischoprikkis, twa, viz. Sanct Androis and Galloway, had Chaptoures in Cloisteris, and the Cheptoures of the remanent kirkis wer personis of paroche kirkis; and thairfoir sa lang as the benefices of the Cheptoure ar not in possessioun of the ministerris of the reformit Kirk, prosessours of the trew religioun, quhilk, God willing, with tyme (the present possessoures departand this mortale lyff) falbe, this order is thocht meit for the electioun.
First, For the seitt of Sanct Androis, That sa mony of the auld Cheptoure as levis, and ar ministeris professouris of the trew religioun, sall still be of the Cheptoure during thair naturall lyves; viz.
The Bischop of Caithnes, Commendatar of the Priorie of Sanct Androis,
The Priour of Portmook.
Patrik Boncle, Minister at Pallady kirk.
John Gudefallow, Minister at Eglisgreg.
Nicholl Spittell, Minister at Langforgound.
Dauid Robertsoun, Minister at Rossy.
John Vre, Minister at Lewchirres.
Peter Ramsay, Minister at Dersy.
Peter Watsoun, Minister at Merkinche.
Alexander Mure, Minister at Kilgoure.
Patrick Kinlochy, Minister at Linlythgow.
Johnne Duncansoun, Minister at Striueling.
Maister William Braidfute, Minister at Lathrisk.
Maister Thomas Biggar, Minister at Kingorne.
The Cheptoure or Assembly of the Archebischop of Sanct Androis assessouris, consist, in tyme to cum, efter the death of the present Convent of the abbay, in xxj personis heireftir nominat, quhilkis personis nominat sall represent the Cheptoure in electioun of the Archebischop; and siclike, in tyme cuming, for electioun and spirituall effaires, alsweil befoir as ester the death of the Convent, without preiuging the auld Convent during thair lystymes, in things temporall.
The Priour of Sanct Androis, Deane.
The Priour of Portmook.
The Minister of Edinburgh.
The Minister of Leith.
The Minister of Linlythgow.
The Minister of Striueling.
The Minister of Dumbar.
The Minister of Hadingtoun.
The Minister of Perth.
The Minister of Carrale.
The Minister of Coupar.
The Minister of Anstruther.
The Minister of Dysart.
The Minister of Kirkcaldy.
The Minister of Kingorne.
The Minister of Dumfermling.
The Minister of Abirbrothok.
The Minister of Calder in Lowtheane.
The Minister of Fettercarne.
The Minister of Duns.
The Minister of Methven.
That in the seitt of Archebischoprik of Sanct Androis, vnder the Archebischop, thir Dignities or Superiour offices in the Kirk be retenit, quhilkis successiuelie having the Kings licence to cheis, sall convocat the Cheptoure to that effect.
The Deane quhais leving is and salbe the Priorie.
The Archedeane of Sanct Androis.
The Archedeane of Lowtheane.
The Chancellair, quha salbe the Prouest of the Queinis College beside Edinburgh.
And, in the meyntyme, quhill the levingis of the saidis Archedeanryes
and Chancellarie vaik be the death of the present possessours, quhilkis ar
not in the functioun of the Ministerie, the offices salbe seruit be
Maister John Winrhame, as Archedeane of Sanct Androis.
Mr Johnne Spottiswood, Archedeane of Lowtheane.
Mr Dauid Lindesay, as Chancellair.
Nota. The like order for the Bischoprik of Galloway to be takin.
For the seatt of Glasgow.
The Cheptoure consistit in xxxij Channonreis or Prebendaries foundat
vpoun distinct and seuerall benefices; that is to say,
Deanrie; the personage of Hammyltoun.
Chanterie; personage of Kilbride.
Chancellarie; personage of Campsey.
Thesaurarie; personage of Carnweth.
Subdeanrie; personage of Calder and Monkland.
Archdeanrie; personage of Pebles and Maner.
Archdeanrie of Teviotdaill; personage of Morbottill.
Personage of Glasgow.
Personage of Stobo.
Personage of Govane.
Personage of Renfrew.
Personage of Erskin.
Subchantorie; personage of Durisdeir.
Personage of Carstaires.
Personage of Sanquhair.
Personage of Eglishame.
Personage of Air.
Personage of Cardrois.
Personage of Kirkmaho.
Personage of Douglas.
Personage of Ancrum.
Personage of Cambuslang.
Personage of Cumnok.
Personage of Auld Roxburgh.
Personage of Askirk.
Personage of Moffett.
Personage of Killerne.
Personage of Bothernok.
Personage of Eddiestoun.
Personage of Torboltoun.
Personage of Lus.
Off the present possessoures of the benefices, onlie sex ar enterit in the functioun of the ministerie, quhilkis salbe of the Cheptoure for the electioun of the Archebischop; as alsua how sone the remanent present possessoures departes this lyff, the benefices sall alwyse be disponit to qualifeit personis that sall entir in the functioun of the ministerie, and thay to be of the Cheptoure; and quhill the personis present possessoures, not enterit in the functioun of the ministerie, be departed this lyff, to the sex of the Cheptoure quhilkis ar already ministerris salbe adionit the vtheris ministerris following, to represent and supplie the Cheptoure in electioun of the Archebischop.
The names of the sex of the Cheptoure that ar already Ministers.
Maister Johnne Coluile, Minister at Kilbryde.
Maister Andro Hay, Minister at Renfrew.
Maister Petir ȝoung.
Maister James Striueling.
Maister George Hay.
Maister Johnne Hammyltoun.
The personis adioynit.
The Minister of Glasgow.
The Minister of Dumbertane.
The Minister of Irwing.
The Minister of Air.
The Minister of Lanerk.
The Minister of Hammyltoun.
The Minister of Campsey.
The Minister of Cammonell.
The Minister of Mauchline.
The Minister of Vchiltrie.
The Minister of Stevinsoun.
The Minister of Kirkpatrik.
The Minister of Peibles.
The Minister of Rutherglen.
The Minister of Stratoun.
That in the seitt of the Archebischoprik of Glasgow, vnder the Archebischop thir digniteis as superiour offices in the Kirk be retenit, quhilkis successiuelie having the licence to cheis, sall convocat the Cheptoure to that effect.
The Archedeane of Glasgow.
The Archedeane of Teviotdale.
The levingis of thir digniteis and offices ar knawin, and efter the death of the present possessoures, personis qualifeit ministeris being placit in the levingis, sall alsua discharge the offices; and in the meyntyme of the electioun of the said Archebischop, thir personis sall represent and supplie the samine offices;
Maister Andro Hay, Deane.
Mr James Greg, Archedene of Glasgow.
Mr Johnne Coluile, Archedene of Teviotdale.
Mr Dauid Wemys, Chancellair.
Without preiudice of the present Cheptoure during thair lyftymes in thingis temporall.
The like order toward the remanent Bischoprikkis, having benefices appointed to sic as sould be of the Cheptoures.
The forme of a letter direct to the Ordinar, or, the seitt vacand, to the Deane, or vther nixt constitute in dignity of the Cheptoure, in the fauour of a persoun to be promovit to ane Abbacy or Priory.
Reuerend Father in God, We great ȝow weill: Forsamekle as the Abbacy or Priory of A. presentlie vaikis be the deceis of the late incumbent of the same; and having already maid prouisioun how the ministerie of the kirkis of the same suld be sustenit, We haue thocht convenient to name and recommend oure weilbelouit clerk, B. C. to the Commendatary of the said Abbay or Priorie of A. And sen the possessoure of the same is to re present the place of ane of the Ecclesiasticall Estate in our Parliament, neidfull it is that he be sufficientlie qualifeit; quhairsoir We require and pray ȝow immediatelie vpoun the recept heirof, to try and examinat his learning and habilitie, certefeing Ws of the same be ȝoure testimoniale, that thairvpoun We may prouide him of the said abbay or priorie as efferis. Gevin vnder our signet and subscriuit, &c.
The Testimoniale of the Ordinar returnit to the Kingis Maiestie or his Regent.
To the richt excellent, &c. ȝour Maiesties humble oratours reuerence and submissioun: Forsamekle as having tryit and examinat the qualificatioun of oure weilbelouit A. B. nominat and recommendit be ȝoure Majestie to the Commendatary of the abbay or priorie of A. we haue found him of sufficient learning and habilitie, quhilk we declair and signifie to ȝoure Hienes be thir presentis. Subscriuit with oure handes and vnder oure At, &c.
In cais the persoun nominat be not found qualifijt.
Hes tryit and examinat, &c. and hes not found him qualifeit in haill or part of the qualiteis requirit; maist humblie thairfoir craving and requiring ȝoure Hienes, That, with all convenient expeditioun, sum vther sufficientlie qualifeit may be of new nominat and recommendit to the said abbay or priorie.
The Gift and prouisioun vpoun the Ordinaris certificat.
Oure Souerane Lord, with auise and consent, &c. ordanis ane letter to be maid vnder the great seill in due forme, direct to the reuerend Father in God, A. Archebischop or Bischop of B., makand mentioun, That the abbacy or priory of C. presently vaikis be the naturall death of the last abbat, priour, or commendatar thairof, or be forsaltoure, translatioun, dimissioun or depriuatioun, his Hienes hes nominat and recommendit his weilbelouit, D. E. to the Commendatary of the said abbay or priorie of C., quha be his Ordinar is found of sufficient learning and habilitie thairfore; and alsua hes gevin the confessioun of his fayth, his aith for acknawleging and recognoscing his Hienes authoritie, and dew obedience of his Ordinar in accustumat forme: Thairfoir gevand, grantand and disponand be the said letter to the said D. E. the said abbacy or priory of C. with all dignitie, richtis, rentes, patrimonie, priuilegis and possessionis quhatfumeuir belanging thairto; and makand and constitutand him Commendater thairof during his lyftyme, to be brouked and joysed be him als frelie as ony vther broukit and possessit the same in tyme bigane, but ony reuocatioun; requiring the said reuerend Father to mak the said D. E. now nominat and admittit Commendater of the said abbay or priorie of C. haue institutioun and possessioun of the same; and all and sindre vther thingis to do concerning his pastorall office in this part, with all diligence, fauour and effect; and that the said letter be extendit in the best forme with all clauses neidfull, with command in the samyn to the Lordes of Counsale and Sessioun, to grant and gif letters for answering and obeying of the said D. E. now Commendatar of the said abbay or priory, of the rentes, fruitis, proffites, emolumentes and deweties thairof, during his lyftyme, and to nane vtheris. Subscriuit, &c.
The forme of a letter direct to the Maister of the Grammer Scoile, in fauour of a Bursar Student in Grammer.
Trusty and weilbelouit, We greit ȝow weill: Forsamekle as the prebendaire or chapellanrie of A. liand in the diocy of B. now vaikis be the deceis of vmquhile C. D. last possessoure of the same, the ȝeirlie rent quhairof is thocht not to exceid the sowme of xx merkes; and We willing to confer the samine to a Bursair in support of his sustentatioun at the scole, for the incres and furtherance of gude letters, be thir oure letters nominatis and presentis oure louit, &c. requiring ȝow to try and examinat, gif he be past the aige of sevin and be within the aige of xiiij ȝeiris, gif he be apt to study in Grammer, and will promeis to continew his study vnder ȝow and be subject to ȝoure discipline; as alfua inquire quhair the chapellanrie or prebendarie lyis, and quhat is the certane rent thairof, that, vpoun ȝoure report to be returnit to Ws within the space of ane moneth efter the dait heirof, We may resolue in the dispositioun of the same prebendarie or chappellanry as efferis. Subscriuit, &c.
The answer of the Maister of the Grammer Scole.
To the richt excellent, &c. ȝoure Hienes humble subiect, A. B. Maister of the Grammer Scole of C. humble reuerence and submissioun: According to the command of ȝoure Maiesties letters, having taken triall I find D. E. nominat and recommendit be ȝoure Hienes to the prebendarie or chapellanrie of A., past the aige of sevin, and within the aige of fourtene ȝeiris, apt and disposit to study in Grammer, quhairin he hes promisit to continue and be subiect to my discipline; having alfua inquirit I find that the said prebendarie or chapellanrie lyis within the diocy of F. and extendis to of ȝeirlie rent. Subscriuit with my hand and vnder, &c.
The gift and prouisioun vpoun the certificat of the Maister of the Grammer Scole.
Our Souerane Lord, with aduice, &c. ordanis ane letter to be maid vnder the previe seill in dew forme, makand mentioun, That the prebendarie or chairpellanry of A., liand in the diocy of S., vacand be deceis of umquhile B. C., last possessoure thairof, his Maiestie hes vnderstand the ȝeirlie rent thairof not to exceid the sowme of xx merkes money of this realme; and being certefeit, that his louit N. Q. is of convenient aige to entir in the study of Grammer, and is apt and dispofit thairfore, and promist to be subiect to discipline and continew thairin: Thairfore gevand, grantand, and disponand be the said letter to the said N. Q., all and haill the said prebendarie or chaipellanrie of A., with all fruitis, rentes, profittes, emolumentis and deweties belangand tharito, in support of his sustentatioun at the scole, during the space of seven ȝeiris efter the dait heirof, with power to him be himself, his parentes and factouris in his name, to intromett and tak vp the fruitis, rentes, emolumentis, proffites and deweties of the said prebendarie or chapellanrie during the said space, to the effect abone writtin, with all and findrie commoditeis, fredomes, &c., als frelie, &c. as ony vtheris had and broukit the same of befoir, but ony reuocation, &c.; and that the said letter be extendit in the best forme with all clauses neidfull, with command in the samine to the Lordes of Counsale and Sessioun, to grant and gif letters in the foure formes, for ansuering and obeying of the said N. Q. of the fruitis, rentes, proffites, emolumentis and deweties of the said prebendarie or chapellanrie, during the space abone specefeit; commanding alsua the Maister of the Grammer Scole of M. to ressaue the said N. Q. vnder his cure and discipline, be the space abone specifeit; and at the end of the same, or in cais of his depriuatioun or not continewance in study, to certefie the same, that ane vther may be prouidit to the said prebendarie or chapellanrie of new. Subscriuit, &c.
For a Bursair in Art the like formes, changing the termes in the presentatioun, the space, and quantitie of rent.
Trusty and weilbelouit, &c. To the Principall and Maisteris of the College of M. N.
For a Bursair student in Theologie the like formes, changing termes in the tyme, quantitie of rent, and vther wordes neidfull.
Nota. The Bursaires in Art, Theologie, the Lawes or Medicine, mon gif the confessioun of thair faith, and ane aith for acknawleging the Kingis authoritie.
The forme of the Ayth to be gevin be the persoun prouidit to ony benefice with cure, the tyme of his admissioun be the Ordinar; as alsua be Bursaires in Art, Theologie, the Lawes or Medicine, the tyme of thair recept in the Vniuersitie.
I, A. B. now nominat and admittit to the C. of D. vtterlie testefeis and declaires in my conscience, That the richt excellent, richt heich and mich tie Prince James the sext, be the grace of God, King of Scottis, is the only lauchfull supreme Governour of this realme, als weill in thingis temporall as in conservatioun and purgatioun of the religioun; and that na foreyne Prince, Prelat, State or Potentate hes or aucht to haue ony jurisdictioun, power, superioritie, preheminance orauthorite Ecclesiasticall and Spriituall within this realme: And thairfore I vtterlie renunce and forsaik all foreyne jurisdictiones, powers, superioriteis and authoriteis, and promises that from this furth I shall and will beare faith and trew allegeance to his Hienes, his airis and lauchfull successoures, and to my power sall assist and defend all jurisdictionis, 'preuileges, preheminances and authoriteis grantit and belanging to his Hienes, his aires and lauchfull successoures, or vnited and annext to his Royale croun; and farther I acknawlege and confesse to haue and hald the said C. and possessionis of the same, vnder God, only of his Maiestie and croun Royale of this realme; and for the saidis possessionis I do homage presentlie vnto his Hienes in ȝoure presence, and to his Maiestie, his aires and lauchfull successoures salbe faithfull and trew. Sa help me God.
Gif the benefice be at presentatioun of a lawic patroun: At the geving of the ayth, the persoun presentit sall say, I acknawlege and confes to haue and hald the said C. and possessionis of the same, vnder God, be his Maiestie, of E. F. lauchfull patroun of the same.
In benefices of cure, the personis admittit sall promise obedience to the Ordinar; and in Scoles or Vniuerfiteis, to the Maister or Principall thairof.
Forsamekle as the heades and articles now talkit of, and put in sic forme as is contenit in this buke, can not haue full effect and executioun as lawes; nor na lawic patronis vnwilling can be compellit thairby, quhill the same be allowit and enacted in Parliament: Neuirtheles it is thocht and ment by my Lord Regentis Grace, That in sic thingis as he sall happin to pas in the Kingis Maiesties name; and the Bischoppes, Superintendentis, and Maisteris of Colleges and Scoles, in thair admissioun; and the Lordes of Sessioun, in granting of letters, sall haue respect to the keping and observatioun of the order now condescendit vpoun, as gif it wer estableshit be law; and that all lawic patronis be persuadit to the observatioun of the same order, quhilk is ordanit to haue the strenth of ane act of the Secrete Counsale: and that exact laboures salbe takin to gett this ordour allowit, confirmit and estableshit as law be the Parliament; and for that effect that the formes of signatoures and letters be kepit vnalterit.
And a Register to be kepit be the clerk of the Secrete Counsale, of all signatures, and vtheris grantis of ony Spirituall promotionis or maters concerning the same; and the seillis to ansuer na signatoure or letter vnregistrat and subscriuit on the bak be the said clerk: And in cais ony letter be past negligentlie the handes of the Regent different from thair formes, that the clerk stay the same vnregistrat, quhill the mater be oppynnyt to the Regent, and his mynd certanlie vnderstand; and na letters to pas with blankes; and na double gift to be registrat without the Regents mynd first knawin. Sic subscribitur.
Quhilkis articles and formes abonewrittin being sene and considerit be
my Lord Regentis Grace, he, in oure Souerane Lordes name, allowis and
approvis the same. At Leith, the first day of Februar, the ȝeir of God
Im vc thre scoir ellevin ȝeris. Sic subscribitur.
Apud Leyth xxiij Januarij, anno Domini Im vc lxxj.
The Commissionaris of the Kirk hes grantit and assignit, and be the tennour heirof grantis and assignis the sowmes of money and victuallis vnderwrittin for the support of the Kingis Maiesties estate and commoun effaris of the realme, of the crop and ȝeir of God Im vc thre scoir ellevin ȝeris instant and in tyme cuming, that is to say, to the support of the Kingis Maiesteis house the sowme of iijm vjc xxxj. li iij s.
And for payment thairof.
The money of the thrid of the abbay of Kinlos, iijc lxxxiiij li iiij d.
The money of the thrid of the Bischoprick of Murray, vc xlix li xv s. ix. d.
The money of the thrid of the Bischoprik of Aberdene, vc lj li v s. viijd.
The money of the thrid of the Abbay of Abirbrothok, viijc xxvij ii xv s.
The money of the thrid of the Bischoprik of Sanct Androis, viijc iij li xij s. iij d.
The money of the thrid of the Bischoprik of Dunkeld, vc li. Summa.
And becaus Sir Patrik Leirmonth of Dersy, Knycht, Prouest of Sanct Androis, hes obtenit ane decreit befoir the Lordis of Counsall and Sessioun, twicheing his awin few males to be allowit to him in his bailliefe, quhairthrow sa mekill will presentlie inlaik of the thrid of the Bischoprik of Sanct Androis: Thairfoir in place thairof for the present ȝeir and in tyme cuming quhill the said decreit be reducit, the Commissionaris hes grantit and assignit the sowme of xlvj li xiij s. iiij d to be payit be the Collectour present and to cum.
Item, To the support of my Lord Regentis Grace hous, out of the handes of euery ane of the Collectouris vnder written, the sowme of fyve hundrith and fifty merkis, with the thrid of the Prouestrie of Methuen, makand out in the haill vm merkis.
Item, To Maister James Haliburtoun, Prouest of Dunde, his pensioun out of the thrid of Scone, extending in money to xlvj li xviij s.
Quheit out of Scone, v chalderis, ij bolls, ij pairt bolls.
Beir out of the same, xvj chalderis, x bolls.
Meill out of the same, vj chalderis.
Summa of victuale, xxviij chalderis, xij bolls, 2 pairt bolls, and of money xlvjli xviij s..
To the Maister of Requeistis out of the thrid of Balmerinoch ijcli.
As to the Lard of Granges auld pensioun or tak out of Wester Kingorne, Auchtertule and Fynmonth, extending to Ic lvijli iij s. iiij d money, iij chalderis x bolls beir, xiiij chalderis v bolls aittis, with the thrid of the lyme, and of the assignatioun maid to the Castell of Edinburgh of the siluer of the Abbay of Scone in money, iijc xxxiiijli ij s. 1 d 3 pt. d, and xlvj chalder victuale rynnand met, out of Scone, Dunfermling and Sanct Androis, quheit, beir and meill of the crop 1570; be agrement the same is ordanit to be equalie diuidit betuix the Ministerie and to the Kingis vse. And in respect of the assignatioun maid alreddy to the Ministerie of the same of this instant ȝeir and crop, it can not convenientlie be sparit; bot thaireftir for the tyme to cum, the Commissionaris hes thocht meit and aggreit, that it sall returne to the vse of the King for the support of the said Castell, howsone it cumis to his obedience, or vtheris the neidfull effaris of the State.
Item, To my Lord now Regent for support of his expensis attending vpoun the Kingis persoun, the thrid of the siluer of Jedburgh with Restennot, iijc xxxiijli viij s. viij d the commoun kirk of Welstoun xlli; Vicarage thairof xv ti; Vicarage of Falkirk xiij ti vj s. viijd Vicarage of Kilmacolme xjli. Summa iijc lxxxxiijli iij s. iiijd togidder with the thrid of meill, quheit and beir of Jedburgh, and haill victuale of Dunblane, bayth extending to xli chalderis viij bolls iij fyrlots.
Item, For keping of the Castell of Dumbartane, out of the thrid of Paslay, xx chalder victuale.
Item, In hors corne to my Lord Regent, fourty chalder aittis grantit and assignit to be payit in maner following, viz. out of Fyff of the present ȝeir 1571, and for the tyme to cum a speciall assignatioun salbe maid befoir October nixt.
Item, It salbe lauchfull to the Kingis Maiestie, with auise of my Lord Regent, to mak and constitute Collectouris and Chalmerlanis ane or ma for craving, collecting and inbringing of the money and victuallis abone writtin, assignit to the support of the Kingis Maiesteis hous, and vtheris speciall assignationis abone writtin, dischargeing the Collectouris of the Kirk of all intromissioun with the same.
Item, Grantit and assignit to Agnes Scott during hir wedoheid, the sowme of twa hundrith merkis of the thrid of the Abbay of Culros.
And this assignatioun to lest and indure this present ȝeir and crop, and ȝeirlie in tyme cuming quhill farder ordour be tane.
The names of the Collectouris and thair boundis.
The Commissionaris of the Kirk for diuers gude considerationis moving thame, hes grantit and disponit to Alexander, Commendatare of Culros, and of the Senatouris of the College of Justice, the thrid of his benefice of the Abbay of Culros, and makis and constitutis him self collectour and intromettour thairwith of this present crop and ȝeir of God Im Vc lxxj ȝeris, and in tyme cuming, quhill farder ordour be tane; he payand ȝeirlie thairfoir the sowme of syve hundrith merkis, that is to say, the sowme of twa hundrith merkis to Agnes Scott, and the rest to the Collector of the thrid in theis partis; and ordanis the said Commendatare to find sufficient cautioun to the Collectour for the same.
Anent the supplication presentit to the Commissionaris appointit be the Kingis Maiestie and the Assemblie of the Kirk be Maister David Wemys, Minister at Glasgow, makand mentioun, That quhair of he hes seruit in the office of Ministerie at the said Citie be the space of ten ȝeris bipast, in sum troubill and without certantie of his stipend; requirand that he may vnderstand at quhais handis he sall crave the same in tyme cuming, Quhidder of the personage of Glasgow quhairof the surtes ar now intromettit with be Maister Archibald Douglas, or otherwayis. The Commissionaris having consideratioun of the raritie of qualisiit personis Senatouris in the College of Justice of the Spirituall Estate, and willing to remove all occasioun of contentioun, hes concludit, and be this present act decernis and declaris be consent of the saidis Maister Archibald and Dauid, That the said Maister Archibald salbe owersene to brouke the personage of Glasgow be sic rycht and possessioun as he hes alreddy thairof during his lyff; and the said Maister Archibald sall content and pay to the said Mr Dauid sa lang as he sall continew Minister of Glasgow, or to the vtheris that fall succeid to him in that charge, thair ȝeirlie stipend extending to the sowme of twa hundrith pundis, at twa termis in the ȝeir, Witsonday and Martimes in Wintir, be equall portionis; begynnand the first termis payment at the Feist of Witsonday nixtocum in the ȝeir of God Im Vc thre scoir twelf ȝeris; and that in payment and satisfactioun of the thrid of the said personage, and to the effect the said thrid may be recoverit agane according to the full rentall that the samyn extendit vnto the ȝeir of God Im vc lxj ȝeris, commandis the Procuratouris of the Kirk to persew at thair instance for reductioun of quhatsumeuir giftis and dispositionis maid of the same thrid, in preiudice and diminutioun of the first rentall, quhairthrow the said Maister Archibald may brouke the said haill thrid, and may be abill thairby to pay the sowme of twa hundrith pundis to the Minister foirsaid: Prouiding that this salbe na preparatiue to vther the lyke thingis heireftir; and that the said Maister Dauid be payit of his stipend as he hes bene heirtofoir quhill the said Feist of Witsonday nixtocum: And als, with auise and consent of the saidis Maister Archibald and Dauid, ordanis thir presentis to be actit and registrat in the bukis of Counsall, to haue the strenth of ane act and decreit of the Lordis thairof, and letters and executoriallis of horning or pounding to pas thairvpoun in forme as efferis. In witnes heirof the Commissionaris of the Counsall and Kirk, hes commandit thir presentis to be subscriuit be the scrybe of the Prevy Counsall in thair names. And the saidis Maister Archibald and Dauid, in takin of thair consentis and for thair interess, hes subscriuit thir presentis with thair handis, day, ȝeir and place foirsaid, befoir thir witnesses, Robert, Commendatare of Dunfermling, Maister James Makgill of Rankelour-nethir, Clerk of Registare, Johnne Bellenden of Auchnowle, Justice Clerk, and Alexander Hay, Scrybe to the Prevy Counsall. Sic subscribitur Mr Archibald Dowglas, Maister Dauid Wemys, Minister at Glasgow, Alexander Hay. C. & Reg. Sec. Conc.]