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.
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.
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.
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]
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.