History of the Reformation of the Church of Scotland, Book 4 · Floating text 2 – Floating text 4
Apud Edinburgh vicesimo Decemb. Anno 1561.
THe which day; Forasmuch as the Queens Majestie, by the advice of the Lords of her secret Councell, foreseeing the imminent troubles, which apparantly threaten to arise amongst the Lieges of this Realme for matters of Religion, to stay the same, and shun all incommodities that might thereupon ensue, having intercommuned and spoken with a part of the Clergie, or State Ecclesiasticall, with whom then, reasoning being had, It was thought good and expedient by her Highnesse, That a generall Assembly should be appointed, the 15 day of December instant, whereto the rest of the States might have appeared: and by the advice of Lawyers, one reasonable overture be made, and order taken for staying of the approaching trouble, and quieting of all the Countrey; which Assembly, being by her Majestie appointed, and sundry dayes of Counsell kept; and the said Ecclesiasticall State oft-times required, That the said Order might be taken, and overture made for staying of the trouble, and quieting of the Countrey. Last of all, in presence of the Queens Majesty, and Lords of the Councell aforesaid, and others of the Nobility of this Realm, compeired, Iohn Arch-bishop of Saint Andrews, Patrick Bishop of Murray, Henry Bishop of Rosse, and Robert Bishop of Dunkeld: And for themselves respectively offered unto the Queens Majestie, to be content with the two parts of the Rents of their Benefices; and the third part to be imployed as her Majestie thought expedient. And because the certaintie thereof was not knowne, not yet what summes of Money would sustaine the Ministery, and Ministers of Gods Word within this Realme, neither yet how much was necessary to support the Queenes Majesty above her own Rents, for the common affairs of the Countrey, Therefore it is Ordained, Concluded, and Determined by the Queens Majesty, and the Lords of the Councell aforesaid, and others of the Nobility present, That if the fourth part of the whole Benefices within this Realm, may be sufficient to sustain the Ministers thorowout this whole Realme, and support the Queens Majesty to maintain and set forwards the common affairs of the Countrey failing thereof, the third part of the said Profits, and more, if it be found sufficient for the effect afore…aid, to be taken up yeerly in time coming, that a generall order may be taken therewith, and so much thereof to be employed to the Queens Majesties use, for entertaining and setting forward of the common affairs of the Countrey; and so much thereof to the Ministers, and sustentation of the Ministry, as may reasonably sustain the same, at the sight and discretion of the Queens Majesty, and Councell aforesaid, and the excrescens and superplus to be assigned to the old Possessors. And to the effect that the Rents and yeerly Profits of the whole Benefices within this Realme may be cleerly known to the Queens Majesty and Councell aforesaid, It is Statuted and Ordained, That the whole Rentals of the Benefices of this Realm be produced before her Majesty and Lords aforesaid, at the time under-written: that is to say, The Rentalls of the Benefices on this side of the Water, before the 24 of Ianuary next coming: And those beyond the water, the 10 of February next thereafter; and ordains Letters to be directed to the Sheriffs in that part, to passe charge, and require all and sundry Archbishops, Bishops, Commendators, Abbots, Priors, on this side of the Water, personally to be apprehended, and failing thereof, at their dwelling places, or at the Parish Churches where they should remain, Cathedrall Churches or Abbeyes: And all Archdeacons, Deans, Chanters, sub-Chanters, Provests, Parsons and Vicars, and other Beneficed men whatsoever, their Chamberlains and Factors, personally, or at their dwelling places, or at the Parish Churches where they should remain, To exhibite and produce before the Queens Majesty and Lords aforesaid, before the said 24 day of Ianuary next coming, the just and true Rentals of the values and rents of their Benefices, to the effect aforesaid: And to chare the Prelats, and the other Beneficed men on the other side of the Water in manner aforesaid, to exhibite and produce the just and true Rentals of their Benefices before the Queens Majesty and Lords aforesaid, the said 10 of February, to the effect aforesaid; with certification to them, That if any fails to appeare, the Queens Majesties and Councels wills are, That they should be proceeded against here, as the matter requires: And likewise to charge the whole Superintendents, Ministers, Elders and Deacons of the principall Towns and Shires of this Realm, to give in before the Queens Majesty and Lords of the Councell aforesaid, before the said 24 of Ianuary next coming, a formall and sufficient Roll and Memoriall, what may be sufficient and reasonable to sustain Ministry, and whole Ministers of this Realme, that her Majesty, and Lords of the Councell aforesaid, may rightly and diligently weigh and consider what necessary support is required to be taken yeerly of the fruits of the said Benefices (by her Majesties own yearly Rent) to entertain and set forward the common affairs of this Realme, against the said 24 day of Ianuary next coming, that it may be proceeded in the said matter, all parties satisfied, and the whole Countrey, and Lieges thereof set in quietnesse.
Apud Linlithgow, 24 Ianuarii, &c.
FOrasmuch as the Queens Majesty, with the advice of the Lords of her Secret Councell, directed her Letters, commanding all and sundry Arch-bishops, Bishops, Abbots, &c. and all other Beneficed men, their Factors, Farmors, Takesmen, to appear before her Highnesse and Lords aforesaid at Edinburgh, or where it should happen them to be for the time, so many as dwells upon this side of the water, before the 24 day of Ianuary instant; and them that dwells beyond the water, the 10 of February next coming, that the just value of their Benefices might be knowne; so that hereafter her Highnesse may take order for the Sustentation of the Ministry of the Church, and the publike businesse of the Realme. And because the Queens Majesty is presently busied with other affairs, and may not her self attend upon the receipt of the said Rent, therefore her Highnesse hath given and granted, and by these Presents gives and grants full power and Commission to Master Iames Mackgill of Rankellor nether, Clerk of the Register, Sir Iohn Ballenden of Archnenell, Knight, Justice Clerk to the Treasurer, Secretary of State, Advocate of the Crowne, and Laird of Pittarrow, to call before them within the City of Edinburgh, all and sundry Prelates, and Beneficed men, which are charged by vertue of the said Letters, now presently being in Edinburgh, or shall happen hereafter to repair thereto, their Factors or Farmers, and there enquire of them the Rentalls of their Benefices, and receive the same from them to the effect aforesaid. And likewise that the said Commissioners cause warne all Seperintendents, Over-seers, Ministers. Elders and Deacons, to give unto them the names of all the Ministers of this Realme, that the just Calculation being made and considered by the said Commissioners of the value of the said Benefices, they may report the same unto the Queens Majesty, that her Highnesse may take order herein, according to the just Tenour of the first Ordinance made thereupon.
Apud Edinburgh, 12 February, 1561.
FOrasmuch as by Statute and Ordinance made by the Queens Majesty, and Lords of the Secret Councell, and her Highnesse Letters directed thereupon, all and sundry Archbishops, Bishops, Abbots, &c. and other Beneficed men, were charged to produce the Rentalls of their Benefices before her Majesty and Lords aforesaid, in manner following (that is to say) The said Beneficed men dwelling on this side of the Water, before the four and twentieth of Ianuary last past: And on the other side of the Water, before the tenth of February instant; to the effect that order might be taken therin to conform to the Ordinance; With certification to them, that if they fayled, the Queens Majestie, and Counsell aforesaid, would take order therein, as the same Ordinance bears. Notwithstanding of the which the Queens Majestie, and Counsell, and others appointed, for receiving of the said Rentalls, have continually since the said 24 of Ianuary aforesaid, waited upon the receiving of them; yet a very small number of them have produced their Rentalls, thereby not onelyonly contemning her Majesties Ordinance and Proclamation aforesaid, but also her selfe and her Authoritie, as they were Princes and not Subjects, expresse against Equitie, Reason, and Justice; For remedy whereof the Queene Majestie ordains, with advice of the Lords of her secret Councill, That Factors, Chamerlains or Stewards bee appointed to intromett, gather, uplist and receive, to our Soveraign Ladies use, all and sundry mailles, tythes or tiends, farmes, rents, provents, emoluments, fruits, profits, and due tyes of whatsoever benefices, whereof the Rentalls are not produced conforme to the said Ordinance. And if any Retalls already produced bears not the just value, but is Fraudulently made, to intromet and uptake as much of the profits and fruits of the said benefices, as are omitted forth of the said Rentalls, and the In-givers of the Rentalls, and Professors of the Benefices thereof, shall never have action to claime, crave or receive from the Tenants and Occupiers further then is contained in the same Rentals, already produced by them; and the Tenants and Possessors shall be holden to pay no more than is contained in the same Rentalls, already produced, as aforesaid: And the said Chamerlains and Factors to be appointed by the Queenes Majestie, shall have sufficient power to intromitt and uptake the fruits and profits aforesaid, in such fulnesse as if speciall Letters of Factory and Chamerlancie were granted to them thereupon; and ordains the Lords of the Session to direct forth Letters at the said Factors and Chamerlaines instancies either of horning or poynding, as shall be thought expedient, for causing of them to bee answered of fruits of the said Benefices to be forth-commanded to the Queenes Majesties behalf and use, while further order be taken therein.