Volume II Part 27 (1/2)

[488] In edit. 1621, ”not excepting.”

And that this be gathered in ane commoun box, put in keiping to the Princ.i.p.all of the Theologeanes, everie Princ.i.p.all havand ane key thairof, to be compt.i.t ilk yeare anis, with the relictis of the Princ.i.p.allis to be layed into the samin, about the fivetene day of November, in presence of the Superintendent, Rectour, and the hoill Princ.i.p.allis; and, at thair hoill consent, or at the least the most part thairof, reservit and employit onlie upoun the building and uphalding of the placis, and repairing of the same, as ever necessitie shall require. And thairfore, the Rectour with his a.s.sistance shall be haldin to visite the placis ilk yeir anis, incontinent efter he be promoted, upoun the last of October, or thairby.

VI. OFF THE PRIVILEGE OF THE UNIVERSITIE.

Seing we desire that Innocencie shall defend us rather than Privelege, we think that ilk persoun of the Universitie shuld answeir before the Provest and Baillies of ilk town whaire the Universities ar, of all crymes whairof thai ar accusit, onlie that the Rectour be a.s.sesour to thame in the saidis actionis. In civill materis yf the questioun be betwix memberis of the Universitie on ilk side, making thair residence and exercitioun thairin for the tyme, in that case the partie callit shall not be haldin to answer, but onlie before the Rectour and his a.s.sesouris heirtofore expremit. In all uthir ca.s.ses of civill persute, the generall reule of the Law to be observit, _Actor sequatur forum rei, &c._

_Item_, That the Rectour and all inferiour memberis of the Universitie be exempted frome all taxationis, impostis, chargeis of weir, or ony othir charge that may onerat or abstract him or thame from the cair of thair office; suche as Tutorie, Curatorie, Deaconrie, or ony siclike, that ar establischeit, or heirefter shall be established in our Common-wealth; to the effect, that but trubill, that ane may wait upoun the upbringing of the youth in learnyng, that othir bestow his tyme onlie in that most necessarie exercitioune.

All othir thingis tuiching the bookes to be red in ilk cla.s.se, and all suche particular effaires, we refer to the discretioun of the Maisteris, Princ.i.p.allis, and Regentis, with thair weill advisit Counsallis; not doubting but yf G.o.d sall grant quietnes, and gif your Wisdomes grace to set fordward letteris in the sort prescribed, ye shall leave wisdome and learnyng to your posteritie, ane treasure more to be estemed nor ony earthlie treasure ye ar abill to provide[489]

for thame; whiche, without wisdome, ar more abill to be thair ruyne and confusioun, than help or confort. And as this is most treu, so we leave it with the rest of the commoditeis to be weyit by your Honouris wisdome, and set fordwart by your authoritie to the most heigh advancement of this Common-wealth, committed to your charge.

[489] In edit. 1621, ”to ama.s.se.”

THE s.e.xT HEID, OF THE RENTIS AND PATRIMONY OF THE KIRK.[490]

[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 G.o.d 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 G.o.d author and approver of youre reformatioun, ye must nott follow thair futesteppis; but ye must have compa.s.sioun 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 G.o.ddis 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 rest.i.tutioun, 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 c.u.ming; 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 G.o.dlie 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 appoint.i.t 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 a.s.sedationis of those that now possessis the teyndis, let them understand that ane injust possessioun is no possessioun before G.o.d; for those of whome thei receaved thair t.i.till 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 a.s.sedatioun of teyndis or churches be openlie warnit to produce thair a.s.sedatioun and a.s.surance, 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 pa.s.sed 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.”