36.
24. The First Book of Discipline, ed. James K. Cameron, (Edinburgh: 1972), The fourth head: “Concerning ministers and their lawful election,” 96 & n.3. The fourth head several times uses the word “present.” However, as Cameron points out, 99 n.16, this was designed to mean either, a congregation presenting a candidate to the church council of the principal town for examination, or, a church council presenting a qualified examinee to a parish for assessment and election. The congregation had the right to reject such a candidate, but not for ”unreasonable” causes. In such a way, the attempt was made “to exercise a balance between the rights of the people and the rights of ministers and councils of the Church.”
25. John Knox’s History of the Reformation in Scotland (hereinafter cited as Knox’s history), ed. William Croft Dickinson, (Edinburgh: 1949), ii, 149.
26. Ibid., 152. Knox says the reply was issued on the 21 August 1565; Dickinson suggests it may have been the 29 July. See n.4 there.
27. Ibid., 175.
28. The booke of the universall kirk of Scotland: (hereinafter cited as BUK), ed., Alexander Peterkin, (Edinburgh: 1839). 36.
29. For examples, see Kirk, “The exercise of ecclesiastical patronage etc.” 104; see also memo by Archibald Johnston of Wariston, in The letters and journals of Robert Baillie, AM, 1637–62, ed., David Laing, (Edinburgh: 1841), ii, 455.
30. Donaldson, Scottish Reformation, 150.
31. Knox’s History, 177.
32. Register of the Privy Council of Scotland (hereinafter cited as RPCS.), P. Hume Brown, (ed.), i, (Edinburgh: 1899), 487–78.
33. One example was that although the impoverished ministers were now to receive assistance, it appeared to the Assembly of 26 December, to have been offered in the form of simply a pension of money and food. This triggered much heart-searching among the members, on the grounds that if they accepted the offer, they might prejudice their continuing claim to all of what they considered the Kirk’s just patrimony. In the event, material need triumphed over principle, and the funding was accepted.
34. APS, iii, 23.
35. BUK, 103; for a description of how the non-parochial benefices were made available to the new church, see Donaldson, Scottish Reformation, 154–55.
36. BUK, 154.
37. see James Kirk, The Second Book of Discipline (Edinburgh: 1980), 102.
38. “As to the mode of appointment, the practice varied. On some occasions the congregation presented a minister to the superintendent, either chosen by themselves directly, or by commissioners appointed by them; while in others the superintendent and his council suggested or proposed a minister to the congregation”: Report from select committee on church patronage, (Scotland;) with the minutes of evidence, appendix and index. House of Commons, 23 July, 1834 (hereinafter cited as Patronage report, 1834), 6.
39. Second book of discipline, iii, 4; xii, 9–10.
40. Burleigh, Church history, 201.
41. Ibid., 197; Dictionary of Scottish Church History and Theology (hereinafter cited as DSCHT), ed., Cameron, Nigel M. de S., (Edinburgh: 1993), 254.
42. John Erskine of Dun, superintendent of Angus and Mearns, Miscellany of the Spalding Club. (Aberdeen: 1849), iv, 99–100; Erskine to Earl of Mar, 10 November 1571, see Violet Jacob, The lairds of Dun. (London: 1931), 302.
43. APS, iii, 106; iii, 137; iii, 212.
44. BUK., 219.
45. Duncan Shaw, The general assemblies of the church of Scotland 1560–1600. (Edinburgh: 1964), 58.
46. BUK, 182; 200; 213; 220.
47. See James Kirk, Patterns of reform: continuity and change in the Reformation Kirk (hereinafter cited as Kirk, Patterns) (Edinburgh: 1989), 371.
48. APS, i, 90.
49. According to Cowan, only 148 parishes out of 1028 were unappropriated by 1560. See Cowan, The parishes of medieval Scotland , v. 226.
50. A bishop was in an interesting position as a patron. To his patrimonial, or mensal, churches, he simply appointed stipendaries, but where he had actually acquired the patronage of churches within his diocese, his practice could only be to confer and collate the parson, since he could not present to himself. See, James, Viscount of Stair, Institutions of the law of Scotland, ii, 487. (Edinburgh: 1981).
51. Donaldson, “Crown rights, etc,” 33.
52. DSCHT, 198; William Forbes, A treatise of church lands and tithes in two parts (hereinafter cited as Forbes, Tithes. (Edinburgh: 1703).
53. SRO., Caprington Letter Book, fo. 6.
54. APS., 11, 424.
55. “Thus Dryburgh tended to be at the disposal of the Erskines, Paisley and Kilwinning of the Hamiltons, Whithorn of the Flemings, Crossraguel of the Kennedys, Culross of the Colvilles and Jedburgh of the Humes.” Cf., Donaldson, Scottish Reformation, 39.
56. APS, iii, 433.
57. These lordships simply evolved, thus, for example, the commendator, Robert Keith, who was infeft of the lands of the Abbey of Deer, became