Quhen he hes all then under his cure,
And father and mother baith ar deid,
Beg mon the babis, without remeid.
Chalmers’s Lindsay, ii. 7, 8, iii. 105.
When the alarming progress of the new opinions threatened the overthrow of the whole establishment, the clergy professed their willingness to remit, or at least to moderate, this shameful tribute. But they did not make this concession until a remonstrance on the subject was presented by a number of persons who were attached to the Roman catholic faith. This remonstrance was laid before the Provincial Council in 1558–9, and contains the following article, which serves to corroborate the strong statement which the poet has given of the rigour of the clergy in extorting these benevolences. “Item, Because yat ye corps presentes, kow, and finest claith, and the silver commonlie callit the kirk richts, and Pasch offrands, quhilk is taken at Pasch fra men and women for distribution of ye sacraments of ye blessit body and blud of Jesus Christ, were at ye beginning but as offrands and gifts, at the discretion and benevolence of the givar only; and now be distance of tym, ye kirkmen usis to compell men to ye paying yarof be authority and jurisdiction, sua that yai will not only fulminat yar sentence of cursing, but als stop and debar men and women to cum to ye reddy using of ye sacraments of haly kirk, quhile yai be sattisfiet yarof with all rigor: quhilk thing has na ground of ye law of God, nor halie kirk, and als is veray sclandrous, and gives occasion to the puir to murmur gretymly againes ye state ecclesiastick for the doing of ye premissis; and therefore it is thocht expedient yat ane reformation be maid of ye premissis, and that sic things be na mair usit in tymes to cum within this realm, at ye least yat na man be compellit be authority of haly kirk to pay ye premissis; but yat it shall onlie remane in the free will of the giver to gif and offir sic things be way of almous, and for uphalding of ye priests and ministers of the halie kirk, as his conscience and charitie moves him to: and quhair ye curatis and ministers forsaids, has not eneuch of yar sustentation by the saids kirk richts, that ye ordinaries every man within his awin diocesie take order, that the persons and uplifters of ye uther deutys perteining to the kirk, contributs to yar sustentationeffeirindlie.” Wilkins, Concilia Magnæ Britanniæ, tom. iv. p. 208.
Upon this, the council came to the following curious resolution on the subject: That to “take away the murmurs of those who spoke against mortuaries,” when any person died, his goods, after paying his debts, should be divided into due portions (debitas partes), and if the dead’s part (defuncti pars) [see [Note X]] did not exceed ten pounds Scots, the vicar should compound for his mortuary and uppermost cloth by taking forty shillings; if it was under ten pounds, and not below twenty shillings, that he should compound according to the above proportion, (pro rata quadraginta solidorum de decem libris;) but if it was under twenty shillings, that the vicar should make no demand. With respect to barons and burgesses, and all persons whose portion exceeded ten pounds, the old custom was to remain in force; and the ordinary remedy was to be used against those who should make wrong inventories; i.e. they should be subjected to excommunication and its penalties.—With respect to pasch‑offerings, and small tithes, the council decreed, that “for avoiding popular murmur, especially at the time of Easter,” the vicars should, a little before Lent, in the month of February, settle (or, make an agreement, rationem ineant) with their parishioners for their small tithes, both personal and mixed, and also for other offerings due to the church (aliis quoque oblationibus ecclesiæ debitis); and that there should be no exactions during Easter, although spontaneous oblations might still be received at that time. Can. Concil. 21. and 32: Wilkins, Concil. ut supra, p. 214, 216.
It appears from this, how very cautious the clergy were in their plans of reform, and how eagerly they clung to the most illegal and invidious claims, at the very time when they were in the utmost danger of being deprived of all their usurped prerogatives and possessions. Lord Hailes’s words need explication, when he says that “the 32d canon [of this council] abolishes oblations at Easter.” Provincial Councils, p. 40.
I need scarcely add, that all these exactions were abolished at the establishment of the Reformation. “The uppermost claith, corps‑present, clerk‑maile, the pasche‑offering, teind‑aile, and allhandlings upaland, can neither be required nor received of good conscience.” First Book of Discipline, p. 48. Printed Anno 1621. Dunlop’s Confessions, ii. 563.