"Ye interprete the Scripturis (said she,) in one maner, and thei interprete in ane other; Whome shall I beleve? And who shalbe judge?"
"Ye shall beleve (said he,) God, that planelie speaketh in his word: and farther then the word teaches you, ye neather shall beleve the ane or the other. The word of God is plane in the self; and yf thair appear any obscuritie in one place, the Holy Ghost, whiche is never contrariouse to him self, explanes the same more clearlie in other places: so that thair can remane no doubt, but unto suche as obstinatlie remane ignorant. And now, (said he,) Madam, to tack ane of the cheaf pointis, whiche this day is in contraversie betwix the Papistis and us: for example, the Papistis allege, and boldly have affirmed, That the Messe is the ordinance of God, and the institutioun of Jesus Christ, and a sacrifice for the synnes of the quyck and the dead. We deny bothe the one and the other, and affirme, that the Messe, as it is now used, is nothing but the inventioun of man; and, thairfoir, is an abominatioun befoir God, and no sacrifice that ever God commanded. Now, Madam, who shall judge betwix us two thus contending? It is no reassone that eather of the parteis be farther beleved, then thei are able to prove by insuspect witnessing: Let thame lay down the book of God, and by the plane wordis thairof prove their affirmatives, and we shall geve unto thame the pley granted. But so long as thei ar bold to affirme, and yit do prove nothing, we man say, that albeit all the warld beleved thame, yit beleve thei not God, but receaves the lyes of men for the treuth of God. What oure maister Jesus Christ did, we know by his Evangelistis: what the preast doeth at his Messe, the warld seeth. Now, doeth nott the word of God planelie assure us, that Christ Jesus neather said, nor yit commanded Messe to be said at his Last Suppar, seing that no suche thing as thair Messe is maid mentioun of within the whole Scripturis?"
"Ye ar oure sair for me, (said the Quene,) but and yf thai war here that I have heard, thai wold ansuer you."
"Madam, (quod the other,) wold to God that the learnedest Papist in Europe, and he that ye wold best beleve, war present with your Grace to sustene the argument; and that ye wald patientlie abyd to hear the mater reassoned to the end; for then I doubt not, Madam, but that ye should hear the vanitie of the Papisticall religioun, and how small[661] ground it hath within the wourd of God."
"Weall (said sche) ye may perchance gett that sonner than ye beleve."
"Assuredlie, (said the other) yf ever I gett that in my lyeff, I gett it sonnar than I beleif; for the ignorant Papistis can not patientlie reassoun, and the learned and crafty Papist will never come in your audience, Madam, to have the ground of thair religioun searched out; for thai know that thai ar never able to sustene ane argument, except fyre and sweard, and thair awin lawis be judges."
"So say ye, (quod the Quene,) but I cane beleve that."
"It hes bene so to this day,[662] (quod he,) for how oft have the Papistis in this and other realmes bein required to come to conference, and yitt could it never be obteaned, unless that thame selfis war admitted for judges. And thairfoir, Madam, I must yitt say agane, that thai dar never dispute, but whare thame selfis are both judge and partye. And whensoever that ye shall let me see the contrarye, I shall grant my selff to have bene deceaved in that poynt."
And with this the Quene was called upon to dennar, for it was after-noon. At departing, Johnne Knox said unto hir, "I pray God, Madam, that ye may be als blessed within the Commoun-wealth of Scotland, yf it be the pleasur of God, as ever Debora was in the Commoun-wealth of Israell."
Of this long Conference, whairof we onlie tueich a part, war diverse opinionis. The Papistis grudged, and feared that which thai neided not. The godlye, thinking at least that sche wold have heard the preaching, rejoised; but thai war alluterly deceaved, for sche continewed in her Messing; and dispised and quyetlie mocked all exhortationis.
Johne Knox his awin judgement, being be some of his[663] familiaris demanded, What he thought of the Quene? "Yf thair be not in hir (said he) a proud mynd, a crafty witt, and ane indurat hearte against God and his treuth, my judgment faileth me."
When the hoill Nobilitie war convened, the Lordis of Privey Counsall war chosen,[664] who war appointed,[665] the Duke his Grace, the Erles of Huntley, Ergyle, Atholl, Mortoun, Glencarne, Merschell, Bothwell: Lordis Erskin, &c., Lord James, &c. Of these war a certane appointed to wait upoun [the] Court by course; but that ordour continewed not lang.
Duck D'Omell[666] returned with the galayes to France. The Quene entered in hir progresses, and in the moneth of September traveled from Edinburgh to Lynlythqu, Striveling, Sanct Johnestoun, Dondie, Sanctandrois;[667] which all partis sche polluted with hir idolatrie. Fyre followed hir verray commounlie in that jorney. The townis propyned hir liberallie, and thairof war the Frenche enriched.
In the begyning of October,[668] sche returned to Edinburgh, and at the day appointed sche was receaved in the Castell. Great preparationis war maid for hir enteress in the town. In ferses, in masking, and in other prodigalities, faine wold fooles have counterfooted France. Whatsoever myght sett furth hir glory, that sche heard, and glaidlye beheld. The keyes war delivered unto hir by a pretty boy, descending as it war from a cloud. The verses of hir awin praise sche heard, and smyled. But when the Bible was presented, and the praise thairof declared, sche began to frown: for schame sche could not refuise it.[669] But she did no better, for immediatelie sche gave it to the most pestilent Papist within the Realme, to wit, to Arthoure Erskyn.[670] Edinburgh since that day had reaped as thai sew. Thai gave hir some taist of thair prodigalitie; and becaus the liquor was sweet, sche hes licked of that buist oftar than twyse since.[671] All men know what we mean: the Quene can not lack, and the subjectis have.
In Edinburgh it hath bene ane auncient and laudable custom, that the Provest, Baillies, and Counsall, after thair electioun, which useth to be at Michaelmess, caused publictlie proclame[672] the Statutes and Ordinances of the town. And thairfoir Archibald Dowglas, Provest; Edwarde Hope, Adame Fowllartoun, [Mr. James Watsone, and David Somer,[673]] Baillies, caused proclame, according to the formar Statutes of the town, that no adulterar, [no fornicatour,] no noted drunkard, no mess-mongare, no obstinate Papistis that corrupted the people, such as preastis, freiris, and otheris of that sorte, should be found within the toun within fourty-aught houris thairafter, under the paines conteaned in the statutes. Which blawin in the Quenis earis, thair began pryde and maliciousnes to schaw the self; for without farther cognitioun of the caus, was the Provest and Baillies charged to ward in the Castell; and immediatlie was commandiment gevin, that other Provest and Baillies should be elected.[674]
Some ganestood for a while the new electioun, alledgeing, that the Provest and Baillies whom thai had chosen, and to whom thai had gevin thair oath, had committed no offence whairfoir that justlie thai aught to be depryved. But whill charge was doubled upoun charge, and no man was found to oppone thame selffis to iniquitie,[675] Jesabellis letter and wicked will is obeyed as a law. And so was Mr. Thomas Mackalzeane chosen[675] for the other. The man, no doubt, was boyth discreat and sufficient for that charge;[676] but the depositioun of the other was against all law. God be mercyfull to some of our owen; for thai war not all blameless that hir wicked will was so far obeyed.
A contrair proclamatioun was publictlie maid, that the toun should be patent unto all the Quenis lieges; and so murtheraris, adulteraris, theavis, hooris, drunkardis, idolateris, and all malefactouris, gatt protectioun under the Quenis wyngis, under that cullour, becaus thai war of hir religioun. And so gatt the Devill fredome agane, whair that befoir he durst nott have bene sene in the day lyght upoun the commoun streatis. "Lord deliver us from that bondage."
The Devill finding his rainzeis lowse, ran fordwarte in his course; and the Quene took upoun hir grettar boldness than sche and Baalles bleatting preastis[678] durst have attempted befoir. For upoun Allhallow day[679] thai blended up thair Messe with all myscheivous solempnitie. The ministeris thairat offended, in plane and publict place, declared the inconvenientis that thairupoun should ensew. The Nobilitie war sufficientlie admonished of thair dewiteis. But affectioun caused men to call that in doubt, whairin schort befoir thai seamed to be most resolute, to wit, "Whitther that subjectis mycht put to thair hand to suppresse the idolatrie of thair Prince?" And upoun this questioun conveined in the house of Mr. James[680] Mackgill, the Lord James, the Erle of Mortoun, the Erle Merschell, Secretarie Lethingtoun, the Justice Cleark,[681] and Cleark of Registre;[682] who all reassoned for the parte of the Quene, affirmyng, "That the subjectis mycht not lauchfullie tack hir Messe frome hir." In the contrair judgement war the principall Ministeris, Mr. Johne Row,[683] Maister George Hay,[684] Maister Robert Hammyltoun,[685] and Johne Knox. The reassonis of boyth partyes we will omitt, becaus thai wilbe explaned after, whair the same questioun, and otheris concernyng the Obedience dew unto Princes, war long reassoned in open assemblie. The conclusioun of that first reassonyng was, "That the questioun should be formed, and letteris direct to Geneva for the resolutioun of that Churche," whairin Johne Knox offered his laubouris. But Secretarie Lethingtoun, (alledging that thair stood mekle in the informatioun,) said, that he should wryte. But that was onlie to dryve tyme, as the treuth declaired the self. The Quenis partye urged, "That the Quene should have hir religioun free in hir awin chapell, to do, sche and hir houshold, what thei list." The Ministeris boyth affirmed and voted the contrair, adding, "That hir libertie should be[686] thair thraldome or it was long." But neathir could reassone nor threatnyng move the affectionis[687] of such as war creipping in credite. And so did the vottis of the Lordis prevail against the Ministeris.
For the punishement of thift and of reaf, which had encreassed upoun the Borders, and in the Sowth, from the Quenis arryvall, was the Lord James maid Lievtenent.[688] Some suspected that suche honour and charge proceaded frome the same heart and counsall that Saull maid David capitane against the Philisteanis. But God assisted him, and bowed the heartis of men boyth to fear and obey him. Yea, the Lord Bothwell him self at that tyme assisted him (but he had remissioun for Lyddisdaill.) Scharpe executioun was maid in Jedburgh,[689] for twenty-aught of ane clan, and others war hanged at that Justice Courte. Brybes, buddis, nor solisitatioun saved not the gilty, yf he myght be apprehended; and thairfoir God prospered him in that his integritie.
That same tyme the said Lord James spack the Lord Gray of England at Kelso, for good reull to be keapt upoun boyth the Bordouris, and agreed in all thingis.
Befoir his returnyng,[690] the Queyn upoun a nycht took a fray in hir bedd, as yf horse men had bein in the close, and the Palace had bene enclosed about. Whitther it proceaded of hir awin womanlie fantasye, or, yf men pat hir in fear,[691] for displeasur of the Erle of Arrane, and for other purposes, as for the erecting of the garde, we know not. But the fear was so great, that the toun was called to the watch. Lordis Robert of Halyrudhous,[692] and Johne of Coldinghame[692] keapt the watche by course. Scouttis war send furth, and centenallis war commanded under the pane of death to keap thair stationis. And yitt thai feared whair thair was no fear: neathir yit could ever any appeirance or suspitioun of suche thingis be tryed.
Schort after the returnying of the Lord James, thair cam from the Quene of England, Sir Petir Mewtess,[693] with commissioun to requyre the ratificatioun of the Peace made at Leyth. His ansuer was[694] evin such as we have heard befoir, that sche behoved to advise, and then sche should send ansuer.
In presence of hir Counsall, sche keapt hir self [very] grave, (for under the dule wead, sche could play the hypocryte in full perfectioun;) but how soon that ever hir Frenche fillockis, fydlaris, and otheris of that band, gatt the howse allone, thair mycht be sean skipping not verry cumlie for honest wemen. Hir commoun talk was in secreat, sche saw nothing in Scotland but gravitie, which repugned alltogetther to hir nature, for sche was brocht up in joyusitie; so termed sche hir dansing, and other thingis thairto belonging.
The Generall Assemblie of the Churche[695] approched, holdin in December[696] after the Quenis arryvall; in the which began the reullaris of the Courte to draw tham selfis apart from the societie of thair brethren, and began to sturr and grudge that any thing should be consulted upoun, without thair advises. Maister Johne Wode,[697] who befoir had schawin him self verray fervent in the caus of God, and fordward in giveing of his counsall in all doubtfull materis, planelie refused ever to assist the Assemblie agane, whairof many did wonder. The Courteouris drew unto thame some of the Lordis, and wold nott convene with thair brethren, as befoir thai war accustomed, but keapt thame in the Abbay. The principall Commissionaris of the Churches,[698] the Superintendentis, and some Ministeris, past unto thame, whair thai war convened in the Abbottis ludging within Halyrudhouse. Boyth the partyis began to oppin thair greaf. The Lordis complayned that the Ministeris drew the gentilmen into secreat, and held counsallis without thair knowledge. The Ministeris denyed that thai had done any thing in secreat, or otherwyse than the Commoun Ordour commanded thame; and accused the Lordis (the flatteraris of the Quene we mean) that thai keapt not the Conventioun with thair brethren, considdering that thai know the Ordour, and that the same was appointed by thair awin advises, as the Buke of Discipline, subscrivit with the most part of thair awin handis, wold witness. Some began to deny that ever thai knew such a thing as the Buke of Discipline; and called also in doubt, whitther it was expedient that such Conventionis should be or not; for glaidlye wold the Quene and hir Secreat Counsall have had all assemblies of the godly discharged.
The reassonyng was scharp and quick on eather part.[699] The Quenis factioun alledged, that it was suspitious to Princes that subjectis should assemble thame selffis and keape conventionis without thair knowledge. It was ansuered, That without knowledge of the Prince, the Churche did nothing. For the Prince perfytlie understood, that within this Realme thair was a Reformed Churche, and that thai had thair ordouris and appointed tymes of conventioun; and so without knowledge of the Prince thai did nothing. "Yea," said Lethingtoun, "the Quene knew and knowest it weill yneuch; but the questioun is, Whetther that the Quene allowis such Conventionis?" It was ansuered, "Yf the libertie of the Churche should stand[700] upoun the Quenis allowance or dyssallowance, we are assured not onlie to lack assemblies, but also to lack the publict preaching of the Evangell." That affirmative was mocked, and the contrarie affirmed. "Weill, (said the other,) tyme will try the treuth; but to my formar wordis, this will I add, tack from us the fredome of Assemblies, and tack from us the Evangell; for without Assemblies, how shall good ordour and unitie in doctrine be keapt? It is not to be supposed, that all Ministeris shalbe so perfyte, but that thai shall nead admonitioun, alsweill concernyng maneris as doctrin, as it may be that some be so styff necked that thai will not admitt the admonitioun of the simple; as also it may be that falt may be found with Ministeris without just offence committed: and yit yf ordour be not tacken boyth with the compleaner and the personis compleaned upoun, it can not be avoided, but that many grevouse offenses shall aryse. For remeady whairof, of necessitie it is, that Generall Assemblies maun be, in the which the judgement and the gravitie of many may concur, to correct or to represse the folyes or errouris of a few." Heirunto consented the most parte, alsweill of the Nobilitie as of the Baronis, and willed the reassonaris for the parte of the Quene to will hir Grace, yf that sche stood in any suspitioun of any thing that was to be entreated in thair Assemblies, that it wold please hir Grace to send such as sche wold appoint to hear whatsoever was proponed or reassoned.
Heirafter was the Buke of Discipline proponed, and desyred to have been ratified by the Quenys Majestie. That was scripped at, and the questioun was demanded, "How many of those that had subscrived that Buke wald be subject unto it?" It was answered, "All the godly." "Will the Duck?" said Lethingtoun. "Yf he will nott," answered the Lord Ochiltrie,[701] "I wold that he war scrapped out, not only of that book, but also out of our nomber and cumpany: For to what purpoise shall laubouris be tane to putt the Kirk in ordour, and to what end shall men subscrive, and then never mean to keap wourd of that quhilk thei promeisse?" Lethingtoun answered, "Many subscrived thair in fide parentum, as the barnes ar baptized." One, to wit Johne Knox,[702] answered, "Albeit ye think that scoiif propir, yit as it is most untreu, so is it most improper. That Buke was red in publict audience, and by the space of diverse dayis the headis thairof war reasoned, as all that hear sit know weill yneuche, and ye your self can nott deny; so that no man was required to subscrive that whiche he understood not." "Stand content, (said one,) that Buke will nott be obteaned." "Let God (said the other) requyre the lack which this poore Commoun-wealth shall have of the thingis thairin conteaned, from the handis of such as stope the same."
The Baronis perceaving that the Buke of Discipline was refused, presented unto the Counsall certane articles, requiring Idolatrie to be suppressed, thair Churches to be planted with treu Ministeris, and some certane Provisioun to be maid for thame, according to equitie and conscience; for unto that tyme, the most parte of the Ministeris had lyved upoun the benevolence of men. For many held into thair awin handis[703] the fructis that the Bischoppis and otheris of that sect had befoir abused; and so some parte was bestowed upoun the Ministeris. But then the Bischoppis began to grypp agane to that which most injustlie thei called thair awin; for the Erle of Arrane was discharged of Sanctandrois and Dunfermeling, whairwith befoir, be verteu of a factorie, he had intromitted: and so war many otheris. And thairfoir the Barones requyred, that ordour mycht be tacken for thair Ministeris, or ellis thei wold no moir obey the Bischoppis, neather yitt suffer any thing to be lifted up to thair use after the Quenis arryvall, then that thei did befoir; for thei verrelie supposed that the Quenys Majestie wold keapt promeisse maid unto thame; whiche was, nott to alter thair religioun, whiche could nott remane without Ministeris, and Ministeris could nott lyve without provisioun: and thairfoir thei heartlie[704] desyred the Counsall to provid some convenient ordour in that head.
That somewhat moved the Quenys flatteraris; for the rode of impietie was not then strenthened in hyr and thair handis. And so began thei to practise how thei should pleise the Queyn, and yit seam somewhat to satisfie the faythfull; and so devised thei, that the Church men should have intromissioun with the Two parte of thair benefices, and that the Third parte[705] should be lifted up by suche men as thairto should be appointed, for suche uses, as in these subsequent Actis[706] ar more fullie expressed.
Apud Edinburgh, xxij Decembris, Anno lxjo. [Sederunt.
Jacobus Dux de Chattellarault,
Georgius Comes de Huntlie,
Archibaldus Ergadie Comes,
Willelmus Marescalle Comes,
Joannes Atholie Comes,
Willelmus Comes de Montross,
Jacobus Comes de Mortoun,
Alexander Comes de Glencarne,
Jacobus Commendatarius St. Andree et Pittenweme,
Joannes Dns. Erskin,
Magr. Robertus Richardsoun Thesaurarius,
Magr. Jabus Makgill de Nether Rankelour Clericus Registri,
Joannes Ballenden de Auchnoule miles Clericus Justiciarie,
Willelmus Maitland de Lethingtoun junior Secretarius.
Presentibus etiam Dominis subscriptis ratione Conventionis, viz. Joanne Comite de Sutherland, Georgio Comite de Cathenes, Andrea Comite de Rothes, Joanne Domino de Menteith, Joanne Domino Glammis, Hugone Domino Somervell, Roberto Domino Boyd, Joanne Domino Flemyng, Georgio Domino Seytoun, Joanne Domino Innermeth, Alexandro Domino Hume, Davide Domino Drummond, Andrea Domino Stewart de Vchiltre, Jacobo Domino Sancti Joannis, Joanne Magistro de Maxwell, et Jacobo Dowglass de Drumlanrig, milites.][707]
The samyn day, forsamekle as the Quenis Majestie, be the advise of the Lordis of hir Secreit Counsall, foirseand the eminent truble quhilk appeirandlie was to aryse amangis the lieges of hir realme for materis of Religioun; to evaid the samyn, and to stay all inconvenientis that may follow thairupoun,[708] intercommonit with ane parte of the Clergie and Estait Ecclesiasticall; with whome then reasonyng being had, it was thocht good and expedient be hir Hienes, that ane generall Conventioun should be appointed the xv. day of December instant, whairto the rest of that Estaite mycht have repaired, and be the advyse of the haill, ane reassonable overtoure maid and ordour taken for staying of the appearand truble, and quyetting of the haill countrey: Quhilk Conventioun being be hir Majestie appointed, and syndrie dayis of Counsale keaped, and the said Ecclesiasticall Estaite ofttymes required, that the said ordour mycht be taken and overtoure maid for staying of truble and quyetting of the countrey; last of all, in presence of the Quenis Majestie, and Lordis of Counsale foirsaid, and otheris of the Nobilitie of this Realme, compeired Johne Archbischopp of Sanctandrois, Robert Bischopp of Dunkelden, Patrik Bischopp of Murray, and Henrie Bischopp of Ross,[709] and for thame selfis respective offered to the Quenis Grace, to be content of Three partis of the rentis of thair benefices, and the Ferd parte thairof to be employed[710] as hir Grace thocht expedient. And becaus the certantie thairof was not knawin, nor yitt what sowmes of money wald sufficientlie susteane the Ministrie and Ministeris of Goddis worde within this Realme, nor yit how mekle was necessar to supporte the Quenis Majestie abone hir awin rentis for the commoun effairis of the countrey: Thairfoir, it is concludit, decernit, and determinat be the Quenis Grace and Lordis of Counsale foirsaid, and utheris of the Nobilitie present, that gif the Ferd parte[711] of the fructes of the haill Benefices ecclesiasticall within this Realme may be sufficient to susteane the Ministerie throw the haill Realme, and supporte the Quenis Majestie to interteany and sett fordwarte the commoun effaires of the countrey, failzeing thairof, the Third parte of the saidis fructis, or mair, quhill it be found sufficient to the effect foirsaid, to be tacken up yearlie in tyme cuming, quhill ane generalle ordour be taken thairin; samekle thairof to be employed to the Quenis Majestie for entertenying and setting fordwarte of the commoun effaires of the countrey, and samekle thairof unto the Ministeris and sustentatioun of the Ministerie, as may reassonablie susteane the samin, at the sycht and discretioun of the Quenis Majestie and Counsale foirsaid: and the excrescens and superplus to be assigned unto the auld Possessouris. And to that effect that the rentis and yearlie availl of the haill benefices within this Realme may be clearlie knawin to the Quenis Majestie and Counsale foirsaid, It is statute and ordanit, that the haill Rentallis of all benefices within this Realme be produced befoir hir Grace and Lordis foirsaidis, at the tymes underwritten; That is to say, of the Benefices on this syde of the Month,[712] the xxiiij day of Januar nixttocum, and beyond the Month, the tenth of Februar next thairefter. And ordanis letteris to be direct to officiaris of the Quenis schirreffis in that parte to pass, charge, and requyre, all and syndrie Archbischoppis, Bischoppis, Abbottis, Commendatouris, and Priouris of this Realme, on this syd of the Mounth personallie, gif thai can be apprehended, and failzeing thairof, at the saidis Archbischoppis, Bischoppis, Abbottis, Commendatouris, and Priouris dwelling-places, cathedrall kirkis, or abbayis; and all Deanis, Subdeanis, Archdeanis, Chantouris, Subchanteris, Provestis, Personis, Vicaris, and other beneficit men whatsomever, thair Chalmerlanis and Factouris, personallie or at thair dwelling-places, or at thair paroche kirkis, quhair thai suld remane, to exhibit and produce befoir the Quenis Majestie and Lordis foirsaidis, the said xxiiij day of Januar nixttocum, the just and treu Rentalle of the availle and rentis of thair Benefices to the effect foirsaid; and to charge the Prelattis and utheris beneficit men on the yond syd of the Mounth in maner respective foirsaid, to [exhibite and[713]] produce the just and treu Rentale of thair Benefices befoir the Quenis Majestie and Lordis foirsaidis the said tent day of Februar nixttocum, to the effect abone rehersit, With certificatioun to thame that failzeis, the Quenis grace and Counsale will proceid heirin as accordis: And sicklyk to charge the haill Superintendentis, Ministeris, Eldaris, and Deaconis of the principall townes and schyres of this Realme, to give in befoir the Quenis Grace and Lordis of Counsale foirsaidis, the said xxiiij day of Januar nixttocum, ane formall and sufficient roll and memoriall, what may be sufficient and reasonable to susteane the Ministerie and hale Ministeris of this Realme, that hir Majestie and Lordis of Counsale foirsaidis may tak ordour thairintill as accordis: And farther, that the Quenis Majestie and Lordis of Counsale foirsaidis may ryplie and digestlie wey and considder what necessarie supporte is required to be taken yearlie of the fructis of the saidis Benefices by hir Grace's awin yearlie rent, to enterteany and sett fordwart the commoun effaires of this Realme, agane the said xxiiij day of Januare nixttocum, that then it may be proceided in the said mater, all parties be satisfied, and the haill countrey and lieges thairof sett in quyetnesse.
[The samyn day,[714] forsamekle as the wechtie and debateable caussis standand amangis the lieges of this Realme, quhilk micht gif occasioun of brek thairof, and inquieting of the hale estait of the samyn, for eschewing thairof the Quenis Majestie appointit ane Conventioun of the Nobilitie and Clergie of hir Gracis Realme foirsaid, to compeir the xv day of December instant: quhilk being haldin, and divers tymes continewit, comperit, Johne Archbischop of Sanctandrois, Robert Bischop of Dunkeld, Patrik Bischop of Murray, and Henrie Bischop of Ross,[715] and offerit as efter followis, That is to say, that thai being restorit to thair Benefices and privilegis, and ansuerit thairof, offeris to the Quenis Majestie for the space of ane zeir, the Ferd part of the rentis of thair Benefices, to be employit as hir Grace thinkis expedient: And this thai offerit, and na forder.]
Apud Lynlythgw, 24 Januarij, Anno &c. lxjo.[716]
Forsamekle as the Quenis Majestie, be the advise of the Lordis of hir Secreat Counsall, directit hir Letteris commanding all and sindrie Archbischoppis, Bischoppis, Abbottis, [Commendatouris,] Priouris, Deanis, Archdeanis, [Subdeanis, Chantouris, Subchantouris,[717]] Personis, Vicaris, and[718] all utheris beneficit men, thair factouris, fermoraris, and takkismen, to compeir befoir hir Hienes and Lordis foirsaidis, at Edinburgh, or whair it shall happin thame to be for the tyme, sa many as dwellis upoun this syde of the Month, the xxiiij day of Januar instant; and thame that dwellis beyond the Month, the tent day of Februar nixttocum; that the just availl of thair Benefices may be knawin, sua that thairafter hir Grace mycht tack ordour for the susteanyng of the Ministeris, of the Pure,[719] and publict busynes of the Realme: And becaus the Quenis Majestie is presentlie occupyed in other effairis, and may nocht attend hir self upoun the ressait of the saidis Rentallis, Thairfoir hir Hienes hes gevin and granted, and be thir presentis gevis and grantis, full power and commissioun to Maister James Makgill of Rankeillour Neather Clerk of Registre, Schir Johne Bellenden of Achinowle knycht Justice Clerk, Thesaurar, Secretare, Advocat, and Laird of Pittarrow,[720] To call befoir thame within the burgh of Edinburgh, All and sindrie Prelattis and Beneficit men, quha are charged be vertew of the saidis letteris, and now being in Edinburgh, or that heirafter shall happin to repair thairto, thair factouris and fermoraris, and thar inquyre of thame the Rentallis of thair benefices, and resave the samyn fra thame, to the effect foirsaid: And siclyke that the saidis Commissionaris caus warne all Superintendentis, [Ministeris,[721]] Eldaris, and Deaconis, to geve unto thame the names of the haill Ministeris of this Realme, that the just calculatioun being considdered and maid be the saidis Commissionaris, of the availl of the saidis Benefices, thai may reporte the samyn to the Quenis Majestie, that hir Hienes may tak ordour thairin; according to the [just[722]] tennour of the first Ordinance maid thairupon.
Apud Edinburgh, xijo Februarij, Anno &c. lxjo.
[Sederunt.
Georgius Comes de Huntlie,
Archibaldus Comes Ergadie,
Jacobus Comes de Mar,
Willelmus Marescalli Comes,
Joannes Atholie Comes,
Alexander Comes de Glencarne,
Jacobus Comes de Mortoun,
Joannes Dns. Erskin,
Joes. Ballenden de Auchnowle miles Clericus Justiciarie.]
The quhilk day, forsamekle as be Statute and Ordinance maid be the Quenis Majestie and Lordis of Secreit Counsale, and her Hienes letteris direct thairupoun, All and sindrie Archbischoppis, [Bischoppis,][723] Abbottis, Commendatouris, Priouris, Archdeanis, Deanis, Subdeanis, Chantouris, Subchantouris, Provestis, Personis, Vicaris, and utheris beneficit men of this Realme, war charged to exhibite and produce the Rentallis of thair benefices befoir hir Majestie and Lordis foirsaids, in maner following: That is to say, the saidis Beneficit men, [dwelling] on this syde of the Month, the xxiiij day of Januar last bypast, and on the uther syd of the Month, the tent of Februar instant, to that effect that ordour mycht be takin thairin conforme to the said Ordinance; with certificatioun to thame, and thai failzeit, the Quenis Majestie and Counsale [foirsaid] wald tak ordour thairin, as the samyn Ordinance beiris: Notwithstanding the quhilk, and that the Quenis Majestie and Counsale, and utheris appointed be hir for resaving of the saidis Rentalles, hes continewallie, sen the said xxiiij day of Januare, awaitted upoun the resaving thairof; yit ane verray small nomber of thame hes produced the said Rentalles, contepmnand thairthrow nocht onlie hir Grace's Ordinance and Proclamatioun foirsaid, but als hir self and hir authoritie, like as thai war princes and nocht subjectis, expresse aganis reassone, equitie, and justice: For remeid quhairof, the Quenis Majestie ordanis, be advise of the Lordis of hir Secreit Counsale, that Factouris and Chalmerlanis be appointed to intromett, gaddir, uplift, and receave to our Soverane Ladeis use, all and sindrie mailles, fermes, teyndis, rentis, proventis, emolumentis, canis, proffeittis, and dewities of whatsumevir Benefices, whairof the Rentallis ar nocht produced, conforme to the said Ordinance: And gif ony Rentalle ellis produced bearis not the just availl, but is fraudefullie maid, to intromett and uptak samekle of the frutis and proffeittis of the saidis benefices as ar omitted furth of the saidis Rentalle; and the ingevaris of the Rentalles, and possessouris of the benefices thairof, shall never haif actioun to craif, clame, or ressaif fra the tennantis and possessouris, farther nor is contained in the saidis Rentallis ellis produced be thame: and the saids tennandis and possessouris shall na wyis be haldin to pay ony mair for thair rowmes to the possessouris of the saidis benefices and ingevaris of the saidis Rentalles, nor is conteyned in the samyn rentallis ellis produced, as said is: And that the saidis Factouris and Chalmerlanis to be appointed be the Quenis Majestie, shall have sufficient power to intromett and uptak the fructis and proffeittis foirsaidis, siclyke as gif speciall letteris of Factorie and Chalmerlanrie wer granted to thame thairupoun. And ordanis the Lordis of Sessioun to direct furth letteris at the said Factouris and Chalmerlanis instance, owther horning or poinding, as shalbe thocht expedient, for causing of thame to be ansuered of the fructis of the saidis benefices, to be furthcumand to the Quenis Majesties behuif, whill forther ordour be tacken thairintill.
Apud Edinburgh, xvto Februarij, Anno &c. lxjo.
[Sederunt.
Georgius Comes de Huntlie,
Archibaldus Ergadie Comes,
Jacobus Comes de Mar,
Joannes Atholie Comes,
Jacobus Comes de Mortoun,
Willelmus Marescalli Comes.]
The quhilk day, forsamekle as the Quenis Majestie, be the advise of the Lordis of hir Secreit Counsale, and otheris diverse of the Nobilitie had of befoir, upoun the xxij day of December last bypast, ordanit, that gif the Fourt parte of the fructis and rentis of all the Benefices within this Realme war nocht sufficient for the support of hir Majestie, and other particulare charges underwrittin, necessar to be borne for the tranquillitie[724] of the country; then the Thrid of the saidis fructis, mair or less, should be takin up, to the effectis foirsaidis: And attour ordanit letteris to be direct, chargeing all and sindrie beneficit men, on this syd of the Month, to produce thair Rentallis upoun the xxiiij day of Januar last bypast; and the tent day of Februar instant, was prefixt be the saidis letteris, for inbringing of all rentallis of the benefices beyond the Month; with certificatioun, that quha produced nott the saidis Rentallis[725] at the dayis foirsaidis respective, the Quenis Majestie and hir Counsale wald provide remeid: According to the quhilk certificatioun, hir Hienes, with avyse of hir Counsale foirsaid, hes ordanit, that thai quha hes nocht produced thair rentallis, haill and full intromissioun shalbe had of thair fructis, be thame whom hir Majestie shall direct thairto; and quha hes nocht gevin in thair just Rentallis, quhatsumever part omitted in thair saidis rentallis shalbe intromettit with in lyke maner: And further, having consulted ryplie and diligentlie avysit upoun the commoun effairis and necessities concernyng the Quenis Majestie, and charges to be borne, for the commoun weill of the Realme, and sustentatioun of the Preachearis and Readaris, conforme to the said Ordinance maid thairupoun of befoir, hes fundin and declaired the haill Thrid partis of all Benefices within this Realme, of the quhilkis the rentallis ar produced, to be taken up be the person or personis to be nominat be hir Majestie, and to begyn upoun this last crope of the year of God Jm Vc, and threscoir ane yearis, the samyn to be employed to the effect foirsaid: togitther with the haill fructis of the benefices whairof the Rentallis ar nocht produced; and alsua of samekle as is omitted in the rentallis produced: And that ordour be directit be the Quenis Majestie, to the Lordis of Sessioun, that the auld Possessouris may be ansuered of the remanent fructis of the saidis benefices; providing that the Thrid part foirsaid be full and haill takin up, be the personis to be deput to the up-taking thairof: And this ordoure to continew and stand, ay and whill further ordouris be takin be the Quenis Majestie, with advyse of hir Estaitis. Mairover hir Hienes, be the advyse of hir Counsale foirsaid, hes statut and ordanit that all annuellis, mailles, and dewities within free Burrowis, or utheris townis of this Realme, alsweill pertenyng to Chapellanreis, Prebendarijs, as to Freiris, togitther with the rentis of the Freiris landis, quhairever thai be, setting and disponing thairupoun, be intrometted with, and takin up be sik as hir Grace shall depute thairto; for employing of the same be hir Hienes, to Hospitaliteis, Scholes, and utheris godlie uses, as shall seme best to hir Hienes, be the advise of hir Counsale: And knawing, that nathing is mair commodious for the said Hospitalitie, nor the places of Freiris as [ar] yitt standand undemolissed; as als to the intertenyng of Scholes, Colleges, and utheris uses foirsaidis, Ordanis the Provest and Baillies of Abirdene, Elgin in Murray, Innerness, Glasgow, and utheris Burrowis of this Realme, quhair the samyn ar nocht demolished, to interteny and uphald the saidis Freiris places standand in the saidis Townis, upoun the commoun gudis thairof, and to use the samyn to the Commoun-weall and service of the saidis Townis, ay and quhill the Quenis Majestie be farther advysed, and tack finall ordour in sik thingis, nochtwithstanding [of] ony other gift, titill, or interesse, gevin to quhatsumever personis of the saidis places, with thair yardis, orchardis, and pertinentis, be our Soverane Lady as of befoir.
The names of the Nobilitie and Lordis that war present at the maiking of the foirsaidis Actis[726] heirefter followis:—
James Duk of Chattelarault,
George Erle Huntlye,
Archibald Erle Ergyle,
Williame Erle Merschell,
Johne Erle Atholl,
Williame Erle Montrose,
James Erle Mortoun,
Alexr. Erle of Glencarne,
James Commendator of Sanctandrois and Pettinweme,
Johne Lord Erskyne,
Johne Ballendyne of Auchnowll knyght Justice Clerk,
The Thesaurar,
The Cleark of Registre, and
The Secretar.[727]
After the first Act,[728] the Erle of Huntley said, jestinglie, "Good day, my Lordis of the Twa parte."
The hoill Rentallis being gathered, the sowme of the Thrid, according to thair awin calculatioun, was found to extend to....[729]