Part 11

The quhilk day the Quenis Majestie and Lordis of Secreit Counsall, being weill myndit that the Ministerie within this haill realme be interteneit alsweill to burgh and land as hir Majestie fand the samyn at hir arryvall in Scotland, and becaus the haill Lordis of Secreit Counsall may nocht weill vaik at all tymes for the ordouring thairof, being occupiit with utheris wechtie materis; Thairfoir her hienes, with avyise of her Counsall foirsaid, hes constitute and namyt her lovittis underwrittin, my Lordis Huntly, Chancellar, Ergyle, Murray, Bothwell, Atholl, Cassillis, Craufurde, and Mar, my Lordis Bischopis of Galloway, Roise, and Orknay, my Lord Secretare, Maister Johnne Spens of Condy, advocat, Sir Johnne Bellenden, Justice Clerk, Sir James Balfour, Clerk of Register, and David Fores, generall of the Cunziehous, to quhome, be thir presentis, the Quenis grace and hir Counsale foirsaid, gevis thair full power and commissioun, or to ony fyve or sex of thame, to call before thame the haill burghis of this realme, generallie or particularlie, as thai, or ony fyve or sex of thame, sall think expedient. And to consider the habiliteis of the saidis burghis particularlie, and according thairto to appoint and imputt particular taxatioun or impositioun upoun everie burgh yeirlie, to be gadderit and upliftit for sustentatioun of the said ministerie, be thameselffis, thair collectouris or chalmerlanis, as the saidis Commissionaris, or ony fyve or sex of thame, sall think expedient, as thai will ansuer to God and the Quenis Majestie thairupoun. And quhatsumevir the saidis Commissionaris, or ony fyve or sex of thame, sall do in thir premises, the samyn to haif the lyke force and effect as gif the samyn wer done in plane counsall: And letteris to be direct thairupoun as effeires, as the said ministerie and thair collectouris will requeir. And alswa for relief of the saidis burghis, the Quenis grace, with advyise of her Counsall foirsaid, be thir presentis, gevis and grantis to the saidis burghis, and everie ane of thame, the annuellis of alteragis chapellanereis and obittis within the samyn, quhairevir the samyn salhappin to vaik, be the deceise of the possessouris thairof, or utherweyis hes happynnit to vaik, sen the Quenis grace arryvall in Scotland, quhilkis as yit remanis ungevin or distributit to ony persoun; and that to relief the taxatioun and contributioun foirsaid. And the superplus of the saidis annuellis and obittis, gif ony beis, to be distributit to the pouer and hospitallis of everie burgh within thameselffis, be avyise of the minister and eldaris thairof, as thai will ansuer to the maist heast thairupoun. And letteris to be directit be the Lordis of Secreit Counsall and Sessioun, as thai salbe requirit, for publicatioun of thir premissis.

X.

_Small Benefices for Ministers._

Apud Edinburgh tertio die mensis Octobris

Anno Domini Millesimo Quingentesimo lxvj^o

The quhilk day Forsamekill as the King and Quenis Majesteis hes understand and considderit that the Ministeris stipendis quhilkis necessarlie mon be payit furth of the thridis of the benefices extendis to sic a sowme that the saidis thridis is nocht abill bayth to sustene the chargeis of thair Majesteis hous attour the rent of thair propirtie, as alswa to sustene the saidis ministeris. And eftir gude deliberatioun takin how thai may be sustenit with leist chargeis and expensis Thair Hienessis hes fund it maist convenient and als with avyise of the Lordis of thair Secreit Counsall Statutis and Ordanis, that in tyme cuming all small benefices personages vicarages and utheris extending in yeirlie rentall to the soume of thre hundreth markis or within as thai salhappin to vaik Sall alwayis be disponit to sic personages as the Superintendentis and Assemblie of the kirk eftir dew examinatioun sall find abill qualifiit and sufficient And thaireftir nominat and present to their Majesteis quhilkis being sa nominat and presentit Thair Hienessis sall admit thame and be thair authoritie caus thame be ansuerit of the frutis and dewiteis of the saidis benefices: Attour quhensoevir ony bischoprik abbacie pryorie or uther prelacie that hes the patronage of sic small benefices salhappen to vaik and fall to thair Majesties dispositioun and presentatioun as likewyise of all thame that ar presentlie vacand Thair Hienessis promittis _in verbo Principum_ That thai sall alwayis retene in thair awin handis the power and titill of the dispositioun of the saidis small benefices to the effect abonewrittin And sall caus the personis to quhome thair Majesteis disponis the saidis prelaciis and greit benefices Consent thairto befoir thair Majesteis mak ony rycht of the principall to thame And in caise it sall happin thair Majesteis ignorantlie or utherwayis to gif or dispone ony of the saidis small benefices be gift presentatioun or utherwayis contrair this present act and ordnance and ony wayis prejudiciall to the samyn Thair Majesteis expressitlie commandis thair Comptrollar present and tocum his clerk and collectouris the keparis of the signet previe seill and greit seill and all utheris thair Hienessis officiaris liegis and subdittis That they on na wayis admit allow obtempir or obey ony sic gift or presentatioun or to pas the samyn throw the seillis Or grant letteris in the four formes thairupoun bot to hald repute and esteme thame as previe writtingis purchest in defraud and prejudice of this present lovabill act and publict ordinance Notwithstanding ony charge or command gevin or to be gevin in the contrair quhairunto thir presentis sall serve thame for a sufficient warrand And sicklike thair Majesteis ordanis and requiris the Lordis of Counsall and Sessioun on na wayis to admit allow or attend to ony gift provisioun or presentatioun of quhatsumevir small benefice of the valu abonewrittin disponit be thair Majesties Or utherwayis quhair the samyn is repugnant or contrarious to this present act and ordinance And nocht disponit to qualifit personis apt for the ministerie examinat and admittit be the Superintendentis and kirk in maner foirsaid And that letteris be direct for publicatioun heirof in due forme as efferis.

XI.

ASSIGNATION FOR THE MINISTERIE BY THE QUEN.

20 Dec^r. 1566.

REGINA,

Forsamekill as the Ministeris within our realme this haill ʒeir bigane hes wantit thair stipendis in respect of sindry occasionis that hes interuenit; ʒit becaus we ar myndit and weill willit that the said Ministerie be sustenit and interteneit in tyme cuming as efferis; Thairfoir with avyise of oure secreit counsale hes tane sic ordour as we mycht best for the present, And hes assignit for sustentatioun of the said Ministerie certane victuales and money in sindry places and cuntreis to be tane up and disponit be the said ministerie and thair collectouris or chamberlanis as thai sall think maist expedient Extending to the soume of ten thousand pundis money and four hundreth chalderis victuale As the particular assignationis maid thairupoun mair fullelie proportis We thairfoir be avyise of our counsall foirsadis Ordanis and Decernis that the said ministerie and thair collectouris and chalmerlanis quhatsumevir be thankfullie ansureit and obeyit of the haill payment alsweill of money as victuale foirsaid throuchout oure haill realme quhairsoevir the samyn or ony part thairof is assinit And lettris thairupoun to be decernit and gevin furth owther of horning or poinding respective As the said ministerie sall think expedient and requeir Commanding expresslie oure Clerk of Register and Comptroller and all utheris quhome it efferis or salbe requirit thairto To deliver the attentik copyis and extract of the said assignatioun to the ministerie with expres inhibitioun to our Comptrollar or ony uther Chamberlanies to intromet or mell ony maner of way with the saidis assignationis or ony part thairof under all heich panis that may follow thairupoun Subscrivit with our hand At Strivling the xx day of December the ʒeir of God I^m V^c lxvj ʒeris And our regnne the xxiiij ʒeir.

MARIE.

XII.

ACT OF PRIVY COUNSALE ANENT ASSIGNATIONS.

Apud Striviling xxj Decembris Anno Domini Millesimo Quingentesimo lxvj.

The Lordis of Secreit Counsale hes sene and considderit the Quenis Majesties writting within writtin And findis the samyn ressonabill and convenient And thairfoir according to our Soveranis will and mynd within declarit Ordanis and requiris the Comptrollar and Clerk of Register To deliver the attentik copyis and extract of the assignationis within specifiit to the Ministeris And sicklike Ordanis and requiris the Lordis of Counsale and Sessioun to grant letteris in the four formes with inhibitioun as is within desyrit And the Comptrollar present and tocum to consent thairto upoun the saidis assignationis in generall or particular as salbe desyrit in dew forme as efferis.

XIII.

ACT in favour of the Ministerie of Glasgw.

Apud Edinburgh vij Maij Anno Domini 1m. vc. lxvij.

SEDERUNT.

Georgius Comes de Huntlie Adam episcopus Orchadensis Alexander episcopus Candidecase Clericus Justiciarie Clericus Registri.

Anent our Soverane Ladiis lettris rasit at the instance of the superintendentis ministeris eldaris and deaconis of the kirk of God with in this realme makand mentioun That quhair oure Soverane Ladie being zealous to have the ministerie sustenit alsweill within burrowis as to landwart throw hir haill realme hes assignit be the self and separat a certane partis of the thridis of benefices to that effect And als for the relief of the taxatioun and contributioun to be gadderit and upliftit within everie burgh hes grantit and disponit to the same effect and purpois all annuellis rentis of alteragis chapellaneriis obittis and sic utheris within burrowis As ane act maid be hir Majestie with avyise of hir secreit counsale thairupoun at mair lenth beris Quhairby it is ordanit that the Provest baillies and counsale of ilk burgh sall compeir befoir certane Lordis of hir hienes secreit counsale To heir and se ane taxatioun and contributioun modifiit set and imput be thame Or ony sex or fyve nominat thairin after the quantitie of the burgh for sustentatioun of the ministerie within the samyn And anent the charge given to the provist baillies and counsale of the citie of Glasgow To compeir be thameselffis or twa of thair nowmer auctorizat with thair commissioun befoir the Lordis nominat in the said act or ony fyve or sex of thame At Edinburgh or quhair it salhappen thame to be for the tyme upoun the sext day nixt efter the charge To heir and se ane taxatioun or contributioun modifiit appointed and set to be yearlie payit for sustentatioun of the ministerie within the said burgh Efter the forme and tennour of the said act With certificatioun to thame and thai failzeit the saidis Lordis wald proceid to the making modificatioune and imputting of the said taxt and contributioun upoun the said burgh efter the quantitie thairof As at mair lenth is contenit in the saidis letteris executioun and indorsatioun thairof The saidis Provest baillies and counsale of the citie of Glasgow foirsaid Comperand be James Flemyng and James Boyd quhais ressonis and allegationis being hard and understand to the saidis Lordis and thai ryplie avysit thairwith the Lordis of Secreit Counsale Decernis and Ordanis the provest and baillies of the said Citie To content and pay to thair minister resident within the samyn the soume of four scoir pundis money of this realme of thair awin propir gudis yeirlie in tyme tocum At twa termis in the yeir Witsonday and Martimes in winter be equall portions Begynnand the first termis payment at the feist of Witsonday nixttocum in this instant yeir of God l^m v^c thre scoir sevin yeris Or at the farthest within xx dayis efter ilk terme under the pane of rebellioun and putting of thame to the horne And gif thai failzie thairin to put thame to the horne Or to poind and distrenze thair reddiest gudis and geir thairfore And for relief of the saidis provest and baillies That thai imput ane taxatioun indifferentlie upoun al the inhabitantis of the said citie eftir thair habilitie And poind and appryise thair reddiest gudis and gear in caise of non payment And that letteris be direct hereupoun gif neid be in forme as efferis And that the rest of the said ministeris stipend redaris and utheris effairis of the kirk be payit of the reddiest of the annuellis of the said burgh disponit be hir Majestie to that use.

[SIXTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk convenit in Edinburgh, in the Nether Tolbuith thereof, the first day of July 1568: In the whilk was present the Nobilitie, Superintendants, Ministers, and Commissioners of Towns and Kirks. Thanks was gine to God, and supplicatioune maid for his assistance of his Haly Spirit be Mr John Willock, &c.

The same day for eschewing of confusione in reasoning, and that every brother speak moderately in his owne rowme, and that with reverence and licence, the haill brethren assembleit choose Mr John Willock, Superintendant of the West, to be Moderator for this present Assemblie, who, being chosen, acceptit the office under protestatione that obedience be gine.

Sess. 2^a. Julij 6, 1568.

Anent the ordour hereafter to be usit in Generall Assemblies, to the desyre of ane letter presentit be ane brother, for receaveing of the ordour heirtofoir, they all votted and concluded as follows, viz. That giue the ordour already receavit pleases not, men be reason of pluralitie of voytes.

It was thought meit to reforme in this manner: First, That nane have place to voite except Superintendants, Commissioners appointit for visiting of kirks, Ministers brocht with them, presentit as persons able to reasone, and having knowledge to judge with the foirnamit, salbe joynt Commissioners of burghs and shyres, together with Commissioners of Universities.

Secondlie, Ministers and Commissioners of shyres shall be chosen at the Synodall Convention of the dioces, be consent of the rest of the ministers and gentlemen that shall conveine at the said Synodall Conventioune. Commissioners of burghs sall be appointit be the ({blank space}) Councill and Kirk of their owne townes.

Thirdlie, Nane to be admittit without sufficient commissione in wreit, and on a venture: if this should come ane monopole and perpetuall electione of a few certaine ministers and commissioners, it is concluded that they be changit fra Assembly to Assembly.

Anent the questioune of murther upon suddentie, and for satisfaction to be made to the kirk theirfore: First, it was answerit that the cryme being confessit, or convict lawfully, the offender shall be admonischit be the Superintendant, or be the nixt reformit Kirk where the slaughter was committit, to abstaine from all participatioune of the Sacraments, untill that he shall satisfie the Kirk as sall be appoyntit, and that their admonition sall be published where the cryme was committit, and where the recent bruite thereof was spread; to the end that men may understand that the Kirk winks not at the shedding of innocent blood. Secondlie, if the cryme be denyit, and that the bruit thereof be constant, and as it were publick, yet shall the suspect be commandit to abstaine from the use of the sacraments, untill sic tyme as farder tryall may be had, or else that he be solemnlie purgit of the bruit, as for the sudden murther; and that quhilk is committit purposlie we remitt the answer thereof to ane former act.

Anent the forme of receaving of the homicid or adulterer to the societie of the Kirk.

Nane that hes committit slaughter, adulterie, or incest, or hereafter shall committ the same, shall be receavit to repentance be any particular kirk, till that first they present themselffs before the Generall Assemblie, thair to receave their injunctions; and thereafter they shall keep the same order that was prescryved to Paull Methven in his repentance; this being addeit, that he or they shall beir in their hand at all the tymes of their publick repentance the same or lyke weapon wherewith the murther was committit.

Sessio 3^{tia}. Julii 7, 1568.

It was declared and fund, that Thomas Bassendie, printer in Edinburgh, printed ane book, intituled the Fall of the Roman Kirk, nameing our King and Soveraigne supreame Head of the primitive Kirk. Also, that he had printit ane Psalme Book, in the end whereof was fund printed ane baudy song callit Wellcome Fortune; whilk books he had printed without licence of the magistrat or revising of the Kirk: Therefore, the haill Assembly ordained the said Thomas, to call in againe all the forsaids books that he has sauld, and keep the rest unsauld untill he alter the forsaid title, and also that he delait the said baudy song out of the end of the Psalme Book; and, farther, that he abstaine in all tyme comeing from further printing any thing without licence of the supreame magistrate, and reviseing of sic things as pertaine to religione be some of the Kirk appointit for that purpose. Attour, the Assembly appointit Mr Alexander Arbuthnot to revise the rest of the forsaid tractat, and report to the Kirk what doctrine he finds therein.

Sess. 4^a. July 8, 1568.

Anent the excommunication of Papists, and separation of them from the societie of Christ’s bodie, after dew admonitione, refuising to joyne themselffes to the Kirk: It is concludeit, that, after they have receavit sufficient admonitions, according to the order established in particular kirks, and, they yet remaining obstinate, they shall be declareit publickly in all congregations necessar, to be out of the societie of Christ’s bodie, to be excommunicat.

ARTICLES presentit to my Lord Regent.

First, That his Grace knaw the heavie and grievous complaints of ministers against them, to subscryve the assignatiounes through the quhilk they are altogidder disappointed of their stipends, for the assignationes standing, the thirds are not able, as they are ordered, to pay the ministers’ half-year stipends; in some parts, not the quarter thereof.

It is thought ane thing very unreasonable that the Papists, enemies of God’s Kirk and the commonewealth, and utheris that labours not in the ministrie, shall possess freely, without impositione, the third of the benefice, and the Kirk, whilk labours, shall not possess the third.

Herefore, the Kirk desyres that my Lord Regent’s Grace will take sic order that the commone charges might be sustained upon the two parts of the benefice possessed be the Papists, and that the third may remaine frie to be disponit to the Kirk; not that the ministers desyres more nor thair reasonable stipends, but that the superplus might support schools and the poor, according to the will of God; and that the collectors of the Kirk shall yearly make compt thereof, so that my Lord Regent’s Grace and the Councill shall know the dispositioune of the samen.

_Item_, To schaw to my Lord Regent’s Grace, that there is sundrie benefices vaikand, and specially the benefices of the commones pertaining to Cathedrall and Metropolitane Kirks, that his Grace would put them to qualified men, be the advyce of the Kirk, at this tyme, the Kirk being assembled; utherwayes the Kirk must dispone them as falling to them be reasone of sax moneths past, and nane presentit; and also the kirks of the Nonreys presently vaikand, to put qualified persones to them, as in speciall to Northberrick.

_Item_, That my Lord Regent’s Grace will give commissione and authoritie to certaine persones for reformatione of the Colledge of Aberdeene, that the corrupt office beirers, Regents and uthers be removit, and uther qualified persones placeit in their rowmes, so that the zouth may be instructed in godliness and guid literature.

_Item_, To desyre my Lord Regent’s Grace, order to be taken for suppressing of vice; whereby the plague of God may be withdrawne from the countrie, and that his Grace will take diligent care anent the execution of justice againes sic odious crymes as shall be giue his Grace in wreit, be the Superintendants and Commissioners of Countreyes.

_Item_, That his Grace would cause sic as are appointed of the Councill, conveen with them that are appointed of the Kirk, touching the jurisdiction of the same to decyde therein, that tyme and place may be condescended upon to that effect; and that it be done before the Parliament.

_Item_, To advyse with my Lord Regent’s Grace and Councill, that in the rowmes and countreyes where no superintendants are, they may be placed.

_Item_, To understand what may augment or appoynt ministers’ stipends.

ANSWERS to the foresaids Articles be my Lord Regent’s Grace.

Att Edinburgh, the 8th day of July 1568, being on the Secret Councill my Lord Regent’s Grace, my Lord Simple, my Lord Glames, Secretar, Lord Ochiltrie, and my Lord Balmirrynoche.

Anent the complaint maid be the Kirk for default of payment of the thirds of benefices to the sustentation of the ministrie:

The persones addebtit for payment of the same, being at the horne, and no farther diligence to be usit for obtaining of payment, my Lord Regent’s Grace, with advyce of the Lords of Secret Councill, ordayne the thesaurer to receive all letters of horning to be presentit be whatsumever collectors, either of the 1556 yeares crope, or of the 1557, or in tyme comeing; and upon the saids letters of horning, to direct letters of horning to officers of armes, or to the shreffs of the shyres, or uthers ordinare judges, to uptake the escheits of the persones denunced and put to the horne, and of the first and readiest escheats to pay to the collectors the soumes auchtand, for the quhilks the saids persons was put to the horne; friely taking up the remanent to our soveraigne Lord’s use: At the leist takeing so meikle above the valour of the debt auchtand as will make the expenses upon the executione of the letters in uptaking the escheit; So that no expenses in execution of the saids letters be made utherwayes but of the escheit of the persone denuncit.

All commone kirks shall be gine to qualified persons, ministers and els within any prebendaries founded upon the fruits of the teinds of Kirks, as Dumberney, and Ormistoune in Lowthian, as the prebendarie vaiks, to be uptaken be the collectors.

Ordaines ane Commissione to be maid for the reformation of the Colledge of Aberdein, and for placeing of godlie persones masters thairin.

The row of the committers of vices to be presentit to my Lord Regent’s Grace, wha shall cause the Justice-Clerk to proceed in forme of justice againes them.

_Item_, The Lord Regent’s Grace shall giue warning to the persones nameit in the end of the parliament, to conveine the 8th day of August.

To the sixth head, That fforsuameikle as superintendants cannot be presently appoynted, the Kirk mann appoint commissioners for the same purpose, as they shall think guid to give commission, whill the next Generall Assembly.

To the seventh head, anent the advyse for augmenting of minister’s stipends, was be aduyce of my Lord Regent’s Grace and Councell, the Clark Register, the Laird of Pittarro, and Mr Henrie Balnewis, with foure of the Kirk, as they shall think meit, or any twa of them.

The Regent’s Letters anent the Chaplenries.

Wee understand that there is some chaplenrie properly pertayning to the King’s Majesties presentatioune, and some at this present to be disponit: We heirfore have thought good to require your opinione how we sall proceid in that behalfe presently and in tyme comeing, that ignorantly we doe nothing wherewith the Kirk may justly find fault hereafter. Sic subscribitur,

JAMES, REGENT.

Sess. 5^a. July 9, 1568.