[490] In edit, 1722, Chap. VIII.
These twa sortis of men, that is to say, the Ministers[491] and the
Pure, togidder with the Schollis, when ordour sall be takin
thairanent, must be sustened upoun the chargeis of the Churche: And
thairfore provisioun must be maid, how and of whome suche soumes must
be lifted. But befoir we enter in this heid, we must crave of your
Honouris, in the name of the Eternall God and of his Sone Christ
Jesus, that ye have respect to your pure brethren, the lauboraris and
manuraris of the ground; who by these creuell beastis the Papistis
have bene so oppressit,[492] that thair life to thame have bene
dolorus and bitter. Yf ye will have God author and approver of youre
reformatioun, ye must nott follow thair futesteppis; but ye must have
compassioun upoun your brethren, appointing thame to pay so
reasonabill teyndis, that thei may feill[493] sum benefit of Christ
Jesus, now precheit unto thame.
[491] In edit. 1722, "ministers of the Word."
[492] In edit. 1621, "have before been opprest."
[493] In edit. 1621, "may find."
With the greaf of our hertis we heare, that sum Gentilmen are now als
creuell over thair tennentis as ever war the Papistis, requiring of
thame whatsoever before thay payit to the Churche;[494] so that the
Papisticale tirrannye shall onlie be changeit in the tirrannye of the
lord or of the laird. We dar not flatter your Honouris, neathir yit is
it proffitabill for you that so we do: if you permit suche
creualtie[495] to be used, neather shall ye, who by your authoritie
aucht to ganestand suche oppressioun, neathir thei that use the same,
escheip Goddis hevy and feirfull judgementis. The Gentilmen, Baronis,
Earlis, Lordis, and utheris, must be content to live upon thair just
rentis, and suffer the Churche to be restorit to hir libertie, that,
in hir restitutioun, the poore, who heirtofore by the creuall Papistis
have bene spoilled and oppressit, may now resave sum confort and
relaxatioun.
[494] In edit. 1621, "whatsoever they afore payed to the Kirk."
[495] In edit. 1621, "if we permit cruelty."
[Sidenote: * ADDITIO.]
* CONCLUDIT BE THE LORDIS:[496] That thir teyndis and uthairis
exactionis, to be clene discharged, and never to be tackin in tyme
cuming; as, the uppermost Claith, the Corps-present, the Clerk-maill,
the Pasche offeringis, Teynd Aill, and all handlingis Upaland, can
neathir be required nor resavit of godlie conscience.
[496] These words, "Concludit be the Lordis," are omitted in the later
copies.
[Sidenote: ADDITIO.]
[Sidenote: THE LORDIS AGGREIS WITH THIS HEID OF THE RESAVING OF THE
DEACONIS.][497]
[497] This addition is omitted in the later copies.
Neathir do we judge it to proceade frome justice, that one man sall
possess the teyndis of ane uther; but we think it ane thing most
reasonabill, that everie man have the use of his awin teyndis,
provideit that he ansueir to the Deaconis and Thesauraris of the
Churche, off that whiche justlie sall be appointit unto him. We
require Deaconis and Thesauraris rathir to resave the rentis, nor the
Ministeris them selvis; becaus that of the teyndis must not onlie the
Ministeris be sustened, but also the Poore and Schollis. And thairfore
we think it most expedient that commoun Thesauraris, to wit, the
Deaconis, be appointed frome yeare to yeare, to resave the hoill
rentis appertenyng to the Churche; and that commandiment be given,
that na man be permitted eather to resave, eather yit to intromet
with, any thing appertenyng to the sustentatioun of the personis
foresaidis, but suche as by commoun consent of the Churche ar thairto
appointed.
Yf any thinkis this prejudiciall to the tackis and assedationis of
those that now possessis the teyndis, let them understand that ane
injust possessioun is no possessioun before God; for those of whome
thei receaved thair titill and presupposed richt, war and ar
thevis[498] and murtheraris, and had no power so to alienat the
patrimonye and commoun-gude of the Churche. And yit we ar not so
extreme, but that we wische just recompence to be maid to suche as
have debursed soumes of money to those injust possessouris (so that it
hes not bene of lait dayis in prejudice of the Churche:) but suche as
ar fund and knawin to be done of plane collusioun in no wise aucht to
be mantened of you. And for that purpose, we think it most expedient
that whosoever have assedatioun of teyndis or churches be openlie
warnit to produce thair assedatioun and assurance, that cognitioun
being tackin, the just tackisman may have ane just and reasonable
recompence for the yearis that ar to ryn, the proffit of the yearis
passed being considderit and deducted; and the injust and surmised may
be servit accordinglie: So that the Churche, in the end, may recover
hir libertie and fredome, and that onlie for releaf of the Poore.
[498] In edit. 1621, "presupposed right or warrant, were thevis."
Your Honouris may easilie understand, that we speake not now for our
selvis, but in favouris of the Poore and[499] the lawboraris defraudit
and oppressed by the Preastis, and by thair confederat pensionaris.
For quhill that the Preistis Pensionare his idill bellye is delicatlie
fed, the Poore, to whome a portioun of that appertenis, was pyned with
hunger; and moirover the trew laboraris was compelled to pay that
whiche [he] aught not: for the lauborar is nouthir dettar to the dum
dog called the Bischop, neathir yit unto his hyred pensionare; but is
debtour onlie unto the Churche: And the Churche is onlie bund to
sustene and nourische off her chargeis, the personis before mentionat,
to wit, the Ministeris of the word, the Poore, and the Teacharis of
the youth.
[499] In the edit. 1621, the words "the poore and," are omitted.
[Sidenote: AGGREIT ALSUA BE THE LORDIS]
But now to returne to the formare Heade. The soumes abill to susteane
thir forenamit personis, and to furnische all thingis appertenyng to
the preservatioun of gude ordour and polecie within the Churche, must
be lifted of the teyndis,[500] to wit, the teynd cheaf, teynd hay,
teynd hempt, teynd lint, teynd fischeis, teynd calf, teynd fole, teynd
lambe, teynd woll, teynd cheise, &c. And becaus that we knaw that the
tythes reasonabillie tackin, as is before expressed, will not suffice
to discharge the formar necessitie; we think that all thingis doted to
Hospitalitie, all annualrentis, both in burgh and land, perteanyng to
Preastis, Chanterie, Colledgeis, Chaplanryis, and to Freiris of all
Ordouris, to the Sisteris of the Seanis,[501] and to all utheris of
that Ordour, and suche utheris within this Realme, be receaved still
to the use of the Churche or Churches within the tounis or parrischeis
whaire thai war doted. Furthermore to the uphald[ing] of the
Universiteis, and sustentatioun of the Superintendentis, the hoill
revenew of the temporalitie of the Bischopis, Deanes, and Archdeanes
landis, and all rentis of landis pertenyng to the Cathedrall Churcheis
whatsoever. And farther, merchandis and riche craftismen in fre
Burghis, who have no thing to do with the manuring of the ground, must
mak sum provisioun in thair citeis, tounis, or dwelling placis, for to
support the neid of the Churche.
[500] In the edit. 1621, "off the tenths; to wit, the tenth sheafe,
hay, hemp, lint, fishes, tenth calfe, tenth lamb, tenth wooll, tenth
folle, tenth cheese."
[501] The Sisters of the Sheens, Senys, or Sciennes, were Nuns of the
Predicant Order of St. Dominick. Their Convent, consecrated to St.
Katherine of Sienna, an erection of so late a date as 1517, was
situated a short distance to the south of Edinburgh. The name of the
Sciennes, still designates the locality. King James the Fifth, soon
after his assuming the government, granted to the "Sisters of the
Senys," an annual pension of £24; and from the Treasurer's Accounts,
it appears that this sum was continued until 1558, to be paid by the
Queen Regent, Mary of Guise. A volume printed for the Abbotsford Club,
in 1841, entitled "Liber Conventus S. Katherine Senensis prope
Edinburgum," includes the "Constitutiones Sororum," &c., along with
the several Charters that could be recovered relating to this Convent.
[Sidenote: ADDITIO.]
To the Ministeris, and failzeing thairof the Reideris, must be
restorit thair manses and thair gleibis; for ellis thei can not serve
thair flock at all tymes as thair dewtie is. Yf any gleibe exceid sex
aikeris of land, the rest to remane in the possessouris handis, quhill
ordour be tackin thairin.
THE LORDIS CONDISCENDIS THAT THE MANSE AND YAIRDIS BE RESTORIT TO THE
MINISTERIS: AND ALL THE LORDIS CONSENTIS THAT THE MINISTERIS HAVE SEX
AIKERIS OF LANDIS, EXCEPT MERSCHEALL, MORTOUN, GLENCARNE, AND
CASSILLIS, QUHAIR MANSSES AR OF GRET QUANTITIE.[502]
[502] This paragraph is added on the margin of the MS. 1566, and is
omitted in all the editions. It affords a proof of the discussion that
took place on some of the Heads in the Book of Discipline.
The receaveris and collectouris of these rentis and dewiteis must be
the Deaconis or Thesauraris appointit from yeare to yeare in everie
churche, and that by common consent and fre electioun of the churche.
The Deaconis may distribute no part of that whiche is collected, but
by commandiment of the Ministeris and Elderis; and thei may command no
thing to be deliverit, but as the Churche before hath determined: to
wit, the Deaconis shall of the first pay the soumes, either
quarterlie, or frome half yeare to half yeare, to the Ministeris
whiche the Kirk hath appointed. The same thei shall do to the
Schoolmaisteris, Readeris, and Hospitalis, (gif any be,) alwayis
receaving acquettances for thair discharge.
Yf any extraordinar soumes lie to be delivered, then must the
Ministeris, Elderis, and Deaconis consult whethir the deliverance of
thei soumes doeth stand with the common utilitie of the Churche or
not; and yf thei do universalie aggree and condescend eathir upoun the
affirmative or the negative, then becaus thei ar in credit and office
for the yeare, thei may do as best seameth unto thame: But yf thair be
contraversie amangis thame selfis, the whole Churche must be made
privie; and efter that the mater be exponed, and the reasonis hearde;
the judgement of the Churche with the Ministeris consent shall
prevaill.
The Deaconis shall be bund and compelled to mak accomptis to the
Ministeris and Elderis of that which thei have receaved, als oft as
the Polecie shall appoint; and the Elderis whan thei ar changeit,
(which must be everie yeare,) must clear thair comptis before suche
auditouris as the Churche shall appoint: And both the Deaconis and
Elderis being changeit, shall deliver to thame that shalbe now
elected, all soumes of money, cornis, and other proffits resting in
thair handis; the tickettis whairof must be delivered to the
Superintendentis in thair visitatioun, and by thame to the gret
Counsall of the Churche, that alsweill the aboundance as the indigence
of everie churche may be evidentlie knawin, that a reasonable
equalitie may be had throuchout the hoill Realme. Yf this ordour be
preciselie keipit,[503] corruptioun can not suddanlie enter. For the
frie and yearlie electioun of Deaconis and Elderis shall suffer none
to usurpe a perpetuall dominioun[504] over the Churche; the knawledge
of the rentall shall suffice[505] thame to receave no more then
whairof thei shall be bund to mak accomptis; the deliverance of the
money to the new officiaris shall not suffer privat men [to] use in
thair private besynes, that whiche apperteyneth to the publict
effaires of the Churche.
[503] In edit. 1621, "be perfectly kept."
[504] In edit. 1621, "domination."
[505] In edit. 1621, "shall suffer."