Anent ane supplication presented be Beatrix Livingstoun, touching ane promise made to her be Patrick Hardie to have solemnized the band of matrimonie with her ane lang tyme since, his wife Katherine Rutherford being in lyfe, and now divorcement had betwixt them. Bearing alse and making mention of ane decreit and decisione of the said promise and nullitie thereof, given and pronounced be John Eskine of Dun, Alexander Guthrie of Halkertoune, Robert Campbell of Kinʒcomscleugh, and Mr Robert Hamiltone, for verification whereof the said Beatrix producit the said decreit, subscryved be the forsaids persons, in presense of John Willock, Superintendant of the West, Christopher Goodman, and Mr George Hay, of the date at Edinburgh the first of July 1563, bearing in effect, that the said promise made be the said Patrick to the said Beatrix on no wayes might be sustained be the law of the Evangell; and therefore the said Patrick to be quyte therefrae in all tyme comeing, In respect of the marriage standing betwixt him and his wife foresaid undissolved, and that the said promise was not only null in the selfe, but also unjust and unlawfull, and that the makers thereof had offended, and were worthy of punishment at the discretion of the Kirk: Quhilk supplication and decreit being read and considered, the haill Assembly in ane voyce authorised and allowed the said decreit, pronounced be the said brethren, and alse pronounced the said Patrick and Beatrix to be free frae the said pretended promise in tyme comeing, Requiring that punishment for making of the said promise hereafter to the Kirk’s discretion thereof.
Session Third, December 27, 1564.
Anent the supplication presented to the Assembly in name of Paull Methven, and touching diverse petitions therein contained, wherewith the said Assembly being well and rypelie advysed, and after long reasoning had therein, with mature deliberation, gave their answer as follows:—
Anent his receaving to repentance, the haill Assembly are content to receave the said Paull to repentance, presentand him personallie before them, declareing evident signes of unfained repentance, willing to obey sic injunctions as the Kirk shall please to appoint him to doe and fulfill.
Touching his desyre to delate his proces of their books, thereto the Clark can noways condescend, neither think they that sick ane petition can proceed from the Holy Ghost, seeing David, ane notable servant of God, eschewed not to write his owne offence to God’s glory and his own confusione. Anent his admission to the ministrie within the realme, that was thought no wayes sufferable unto sic tyme as the memorie of his former impietie be more deeplie buried, and some notable Kirk within this realme make earnest request for his new acceptation; and likewise the Kirk signifies unto him, that his entry in the ministrie in the parts of England, he being excommunicat and unreconciled, hes grievously offended them; as also the last part of his writeing, where he accuses false witnesses, who hes deponed no other thing in effect nor he has confessed with his mouth in write. Farder, the Assembly required the brethren to whom the said Paull hes written, that amongst uthers their answers they signifie unto him that he may safelie repare toward this realme, notwithstanding lately proclaimed against adulterers.
Touching sic as are relapse the third tyme in any kinde of cryme, sic as fornication and drunkenness, it is statute and ordained, that no particular minister admitt sic persones to repentance, but to send them to the Superintendant of the diocie where the crymes are committed, with information, who shall give them sic injunctions as they think may make the offence to be holden in horror. But chiefly that they compell the offender to satisfie the Kirk where the offences were made moe dayes nor ane, as the Superintendant shall think good.
[NINTH GENERAL ASSEMBLY.]
The Generall Assemblie, convened at Edinburgh, in the Nether Tolbooth thereof, the 25th Day of June 1565: In the whilk were present, the Superintendents, Ministers, and Commissioners of Shyres and Kirks, the invocation of the name of God being made be John Willock, Superintendent of the West.
First, For eschewing of confusione in reasoning, the whole brethren present, with ane consent, chuse John Willock, Superintendent of the West, to be Moderator, who accepted the office.