TRANSCRIBER’S NOTE

This book was published in 1839 and was compiled from manuscripts and printed records from 1560 to 1616 regarding the early history of the Reformed Church in Scotland. The language was ‘Middle Scots’ and the spelling was not at all consistent, but it was a careful reproduction of the source records. This etext maintains that integrity and no spelling changes have been made to the 1839 text.

During this period (1560 to 1616) documents used the Julian calendar for dates, where the new year did not begin until March 25th. In this book dates on some documents before that date show both the Julian year, and the Gregorian year in ( ), for example the Twenty-Seventh General Assembly was held on ‘the 6th of March 1572(3)’.

The yogh character ȝ appears occasionally, though more often z is used in its place, which was a common printing practice at that time. The text for example has both ȝit and zit (yet), failȝie and failzie (failure or default), ȝeirlie and zeirlie (yearly), ȝouth and zouth (youth).

The character ł (letter l with stroke) is used on [page 119].

Footnote anchors are denoted by [number], and the footnotes have been placed at the end of the book.

Where the text had blank space, the etext inserts {blank space}.

Where the text had multiple spaced dots (eg . . . . .) to indicate missing text, the etext inserts ... (an ellipsis). There were no ellipses in the original text.

Where the text had three or more asterisks (eg * * *) to indicate missing text, the etext inserts {missing text indicated by asterisks}.

Where the text had a phrase marked by the editor, in brackets [ ], the etext leaves that unchanged. [Footnote [14] explains the reason for these [notations].

Some other minor changes to the text are noted at the [end of the book.]

THE BOOKE
OF THE
UNIVERSALL KIRK OF SCOTLAND.

THE BOOKE

OF THE

UNIVERSALL KIRK OF SCOTLAND:

WHEREIN

THE HEADIS AND CONCLUSIONIS

DEVYSIT BE THE MINISTERS AND COMMISSIONARIS OF THE
PARTICULAR KIRKS THEREOF, ARE SPECIALLY
EXPRESSED AND CONTAINED.

EDITED BY

ALEXANDER PETERKIN, ESQ.

LATE SHERIFF-SUBSTITUTE OF ORKNEY.

EDINBURGH:

THE EDINBURGH PRINTING AND PUBLISHING CO.;

AND WILLIAM BLACKWOOD AND SONS.

GLASGOW: J. SMITH & SON; AND MAURICE OGLE. PERTH: JAMES DEWAR.
ABERDEEN: A. BROWN & CO.; G. CLARK & SON; AND L. SMITH.
LONDON: SMITH, ELDER, AND CO.

M.DCCC.XXXIX.

EDINBURGH PRINTING COMPANY.

PREFACE.

“BOOKE OF THE UNIVERSALL KIRK.”

The printing of this, the earliest Record of the Reformed Church in Scotland, has now reached a period in the history of that Church, which renders it fitting that this impression should be accompanied with a more precise statement than has yet been given of its character and its fate.

For many years past, Dr Lee, Principal Clerk of the General Assembly, made strenuous, but ineffectual, exertions, to recover for the Church, the original Record of the period extending from 1560 to 1616. That Record, which is known to historians by the title of the “Booke of the Universall Kirk,” had been surreptitiously purloined, and found its way into the hands of the Trustees of Sion College, in London; and although hopes were latterly entertained that their restoration to the Church might be effected, these hopes are now at an end. During the investigations which were instituted by a Committee of the House of Commons, on the subject of Church Patronage in Scotland, in the year 1834, three volumes of the Record were produced by the official custodier of them, for the consideration of that Committee. Their authenticity was established by the testimony of Dr Lee, and other competent judges; and the Committee having suspended its investigations, and made a report of the evidence which it had obtained, these Books were left in the keeping of the clerks, and perished in the great conflagration by which the Houses of Parliament were consumed, on the 16th of October 1834.

Such is briefly the history of the valuable Record of which these pages contain many of the earlier Acts and proceedings in the Church of Scotland.

It is natural to suppose, that, during the first century of its existence, the political and ecclesiastical revolutions which took place in Scotland subsequently to the year 1560, the Records of the Church could not escape unscathed amid the turmoils of conflicting factions in Church and State. It appears from the MS. Abbreviates[1] still extant, that, betwixt the years 1580 and 1587, the earlier portions of the General Assembly’s Registers, filling five volumes, had passed into the hands of Adamson, Bishop of St Andrews, and had suffered mutilation (were “mankit”) by him, or, as has been alleged, by his Royal Master, King James VI., in order to destroy the proofs of submission by certain Prelates to the jurisdiction of the General Assembly. During a certain space, however, it is proved that they were not in possession of the Church or its Officers; and when, in the years 1586 and 1587, the custody of the Books was reclaimed by the Assembly, they were allowed by the King’s Commissioner to be exhibited to that Judicatory,—but with a proviso, that at the close of each sederunt, they were to be redelivered to the Lord Privy Seal.[2] There is no satisfactory evidence known to us with respect to the custody of these Books during the space which elapsed till the year 1638, when they were again recovered by the Presbyterian Church—fully authenticated—and once more restored to the custody of the Clerk of Assembly as the legitimate custodier.[3]

The subsequent history of these volumes—the best, perhaps, that can now be given—is to be found in a “Statement” concerning them, drawn up by Dr John Lee, the present Clerk of the General Assembly, in 1828, and printed in 1829, with the view of effecting the recovery of these Registers from the Trustees of Sion College, who, as already stated, had obtained possession of them. Dr Lee having kindly communicated a copy of that “Statement,” we gladly avail ourselves of the opportunity of embodying it entire on this occasion.

“Statement concerning three Volumes of the Earliest Records of the Church of Scotland, now deposited in Sion College, London.

“A few years ago, a Committee of the General Assembly of the Church of Scotland was appointed for the purpose of collecting and recovering the various Manuscripts, connected with their Ecclesiastical Establishment; and, among other objects to which this Committee were desired to direct their attention, they were specially instructed to print the ancient Record, entitled, ‘The Book of the Universal Kirk of Scotland.’

“It has been discovered that this Book, extending to three volumes, is extant in the Library of Sion College, London. But after much correspondence, and repeated applications, not only do the Governors of the College refuse to restore the volumes upon any terms, but even to permit a copy of the work to be taken, or allow a collation with the partial Abbreviates of it preserved in Scotland; the College stating, that they would not be justified in so doing, under the Deed of Trust by which the possession of these volumes was acquired by the College.

“There is no difficulty in proving that the volumes in question were laid on the table of the General Assembly which met at Glasgow in 1638; and that they were pronounced by that Assembly to be true and authentic Registers of the Kirk of Scotland. The reasons proving their authenticity are inserted in the manuscript journals of that Assembly, and also, in a very satisfactory form, in the printed Acts of the General Assembly of the Church of Scotland, of that year. The descriptions are so minute as to establish the identity of all the volumes which are still extant. The attestation of the Clerk is superscribed at the beginning, and subjoined to the end of the first volume, in these words:—‘This is the great Volume aprovin be the General Assemblee at Glascow, in November, 1638. A. Jhonston, Cl^s. Eccl.’ The autograph of this Clerk is to be seen on various documents in possession of the General Assembly, and particularly on the copy of the printed Acts of the Assembly of 1638, in the custody of the present Clerk. The other volumes have the well known signature of a Clerk, named ‘Thomas Nicolson.’

“It is understood, that, in 1649, the Books were transferred to the charge of Mr Andrew Ker, Clerk of the Assembly; and that, in 1652, most, if not the whole, of the originals were for some time entrusted to Lord Balcarras. During the troubles of the succeeding period they were concealed in the house of a private individual till the year 1677, when they were put into the hands of Bishop Paterson (of Edinburgh), who retained them till after the Revolution. The account of their discovery and subsequent fate may be seen in Keith’s History of the Church and State of Scotland; but it appears from a paper preserved in the Advocates’ Library in Edinburgh, and published in the Appendix to Dr M‘Crie’s Lives of William Veitch and George Brysson, that Keith’s narrative is not altogether correct in every particular.

“After the Revolution some of the volumes and papers were delivered up to a son of the former Clerk, Mr Secretary Jhonston, who lent some of them to his cousin, Bishop Burnet, and others to Mr George Ridpath, who, about that time, undertook to write a history of Scottish affairs. Three volumes fell into the hands of a person whose grandfather had been the intimate friend of Sir Archibald Johnston, and had, like him, been executed as a traitor. This person was the Honourable and Reverend Archibald Campbell, grandson of the Marquis of Argyle, and son of Lord Neil Campbell. Mr Campbell was several years known as an Episcopalian Clergyman, and subsequently as one of the non-juring Bishops in Scotland. During the latter part of his life he resided chiefly in England, without being in communion with the Church of England, and without maintaining any intercourse with the Episcopalian body in Scotland, to which he had been originally attached.

“About the year 1733, a correspondence was opened between him and Mr William Grant, Procurator and Clerk of the Church of Scotland (afterwards Lord Prestongrange), on the subject of the records in Mr Campbell’s possession. Mr Campbell offered to surrender these records on certain terms, which did not appear to Mr Grant to be reasonable or equitable. He demanded a large sum of money for the restitution of the volumes to which he never had acquired any right of property, and even this sum he would not accept till the Books had been published, as was proposed, under his superintendence, on the understanding that no member of the Church of Scotland was to be suffered to revise the sheets as they passed through the press.

“It could scarcely be expected that these and other humiliating conditions would be acceded to without hesitation; and while the negotiation was still in progress, Mr Campbell, as he had sometimes threatened to do, took a step which was intended to put the Books for ever beyond the reach of the Church of Scotland, by entering into a deed of trust or covenant with the President and Fellows of Sion College, the terms of which do not appear to be accurately known to any member of the Church of Scotland, but the effect of which has undoubtedly been to detain these Records from their lawful owners for nearly a century past.

“It is unnecessary to add, that the hardship is deeply felt by all the members of the Church of Scotland, who are aware of the importance of these Books, not merely as the only sure and satisfactory memorials of the course of Ecclesiastical affairs in the times immediately succeeding the Reformation, but also because they are capable of shedding additional light on a most interesting and instructive portion of our Civil history.

“In these circumstances, the General Assembly have deemed it necessary, as a last resource, to make an application to Parliament by petition, in the hope that some means may be devised by the wisdom of the Legislature, for relieving the Members of Sion College from the restraint under which they feel themselves, and enabling them to do that which they must, as an act of justice, wish to do,—to restore to the Church of Scotland these ancient Records, which, however acquired by the College, the Church of Scotland still consider to be their own property.

“John Lee, Cl. Eccl. Scot.

“55, Parliament Street, Westminster,
June 20, 1828.”

The authenticity and authority of “The Booke,” as now for the first time fully printed from the copies in the Advocates’ Library, (so far as it exists in a continuous and connected form,) becomes, since the originals are lost, a subject of grave inquiry. It is our purpose, in the Notes and Illustrations to be appended to the present Edition, to collect and point out all the evidence attainable on this point—to supply from other sources the portions which are wanting in the text—and to note any seeming discrepancies among the several transcripts and Abbreviates. This must necessarily be a work of careful research and considerable labour; requiring some time for its accomplishment. In the meanwhile, however, we may state briefly some of the leading evidences of authenticity on which we rely, in concluding, that what is now printed possesses a character of authenticity.

1. The Acts of Assembly, 1638, and subsequent years, (which are of unquestioned authenticity,) approve of, reiterate, and re-enact many of the most important statutes contained in the old Registers, which those Assemblies had in their possession; and these, as re-enacted, coincide, so far as they go, with the terms of the original Acts as now printed.[4]

2. In Collier’s Ecclesiastical History of Great Britain, we find a most important corroboration to the same effect. He was a contemporary of Archibald Campbell, already referred to, and had access to the original Registers recently burnt, as appears from numerous marginal references to and quotations from them. Thus (vol. ii. p. 700) he refers to “MS. Acts of the Assembly, penes Mr Archibald Campbell, Armig.;” and there are very many other references to the same MS. record,[5] as the source whence he derived numerous Acts and documents embodied in his work. These, too, substantially and closely, coincide with the text as now published.

3. Archbishop Spottiswood, in his History, (and he had full access to the original records,) in like manner transfers many extracts to his pages.

4. Bishop Keith, in his History of the Church and State in Scotland, incorporates a great portion of the “Booke,” during the first seven years of the existence of the Reformed Church—all agreeing (except trifling variations in orthography) with the extant MS. Abbreviates; and Knox’s History coincides substantially with Keith’s.

5. But David Calderwood, who had full access to the Registers, in his larger History and Collections, (MS.) gives the most ample transcripts from the originals that are any where to be found; and he further supplies many particulars from those Registers which the Abbreviates do not contain, but which are of material importance to the elucidation of the proceedings in the Assemblies of the Church.

6. Petrie, in his History of the Church (Universal) from 600 to 1600, embodies a very great portion of the Booke of the Kirk from the first Assembly downwards; and he refers expressly, as his authority for so doing, to “An Extract of the Acts of the Nationall Assemblies,” (p. 242,)—the Acts, which he embodies very copiously, being identical in all respects with those in the present Edition. The copy of his work now before us was printed at the Hague in 1662, immediately after the Restoration of Charles II.;—Petrie being “Minister of the Scots Congregation at Rotterdam,” when his History was published. That work is one of the most conclusive vouchers of the authenticity of the “Booke,”—his transcripts being given from an Extract, authenticated, of course, by the Clerk of Assembly.

We have thus, what is next to the best evidence (viz. the Registers themselves) in support of the authenticity of our publication—the concurrent testimony of three Episcopalian and two Presbyterian Historians, in proof of the general fidelity of the transcripts which remain; and the force of such evidence is strengthened by the consideration, that all their works were published while the originals were yet in existence, and could have been resorted to for the correction of any errors, whether wilful or accidental.

In justice to the Church of Scotland and to Dr Lee, the Editor of this publication feels himself called on to add such particulars with regard to the attempts made for the recovery of the Registers, as are to be found in the recent Acts of the General Assembly, within the last twenty years. Without pretending to enter into any detail of the great and zealous exertions of Dr Lee for the recovery of our Church Records, (exertions for which it owes him a deep debt of gratitude,) we shall merely note a few of the Minutes of the Assembly referable to this matter since the year 1820.

At the Assembly of that year, the “Report of the Committee upon the Manuscripts belonging to the Church [was] called for, which was given in at great length by Dr Lee, Convener of the said Committee. The Assembly highly approve of the Report, and of the zeal and diligence of the Committee. They renewed the appointment of the Committee, and recommended to their attention the written Report now laid upon the Assembly’s table.”—“Upon a motion, the unanimous thanks of the Assembly were given from the chair to Dr Lee, for the extraordinary labour to which he had submitted in prosecuting the inquiries of the Committee.”

The year following a similar approval took place; and in 1822, the Assembly “renewed the appointment of the Committee, and direct them to continue their labours; and in particular, they authorised them to continue their correspondence with the members of Sion College, respecting access to certain manuscripts in the said College, formerly belonging to the Church; and they direct the Moderator to convey to the Lord Bishop of London an expression of the sense which they entertain of his Lordship’s polite attention to the communication made to him by the Committee on this subject.”

At the Assembly of 1823, the Committee was approved and renewed; “and the Assembly instructed the Committee to get printed what is usually called ‘The Book of the Universal Kirk,’ if they shall find, upon inquiry, it can be done without encroaching upon the funds of the Church.”

Passing over some of the intermediate years, we find in the Acts of 1828, that the Report of the Committee on the MSS. of the Church was called for, and given in by Dr Lee, the convener. “The Assembly approve of the Report, and re-appoint the Committee. It was moved, seconded, and unanimously agreed to, that with a view to the recovery of the ancient Records of this Church, which have long been deposited in Sion College, London, a Petition be presented to both Houses of Parliament, stating the claims of the Church to the property of these volumes, and praying that, in the wisdom of Parliament, some means may be devised, of securing either the restitution of the originals, or at least a complete and authenticated transcript of the whole. The draft of a Petition having been produced, was approved, and ordered to be extended, subscribed by the Moderator, and sealed with the seal of the Church,” &c.

In 1829, “it was moved, seconded, and unanimously agreed to, that, in addition to the former Committee, which is hereby renewed, the Assembly appoint a small Committee, to watch over and prosecute the very important object of recovering the interesting record, entitled ‘The Buik of the Universall Kirk of Scotland,’ and to take what steps they may find necessary for this purpose. It was also moved, seconded, and unanimously agreed to, that the Moderator be instructed to return the thanks of the General Assembly to Dr Lee, for the great and unwearied zeal, attention, and exertions which he has bestowed on the subject of the MSS. of the Church, and in regard to the claims made for the Records in Sion College.”

In 1833, the Committee was renewed, “with instructions to use their best endeavours to find accommodation for the Books and MSS. belonging to the Church under the roof of St Giles’s Church, if possible; and to use all diligence to recover the Records in Sion College.” And in the Assembly of 1834, Dr Lee, as convener, on giving in its Report, stated, “That there is now a near prospect of obtaining the restitution of the three volumes of the early records of the Church, which have long been deposited in the library of Sion College.”

Only a few days previously to this favourable report being made, (viz. May 2, 1834,) the Assistant Librarian of Sion College, who had been summoned by a Committee of the House of Commons, appeared before it, and was ordered to produce the Books. On the 5th he produced them—Dr Lee, Principal Macfarlan, and others, having previously, in April, inspected and borne evidence to their authenticity.[6] They were burnt on the 16th of October following.

It were idle now to indulge in unavailing regrets and reflections on this unfortunate result; and the present attempt is made, in as far as that is possible, to repair the loss which has thus been sustained by the Church and the country. We take the liberty of deducing a practical inference from this calamity—that no time should be lost in securing for the remaining Records of the Church a place of safe deposit. This surely is attainable in the metropolis of Scotland; and we trust it will be one of the first acts of the ensuing General Assembly, to adopt the requisite measures for this purpose, and to order the List of MSS. in the repositories of the Church (which was given in by Dr Lee some years ago) to be printed, for the information of all its members, before the Assembly be dissolved.

We cannot conclude these notices more appropriately than by transcribing the following testimony, borne by Dr Lee to two distinguished Prelates of the Church of England, in connexion with this subject, and subjoining an extract from one of his admirable Reports:

“The late Bishop of London, now Archbishop of Canterbury, and the present Bishop of London, through whom I made many applications, did all that was in their power to forward the object; and if their advice had been promptly followed by the College, we would have had the Books in our possession ten years ago. Indeed, the conduct of these Prelates reflected on them the highest honour.”

In concluding his Report to the Assembly in May 1820, in reference to these ancient Registers of the Church, Dr Lee thus remarks—

“They exhibit the real character of the internal government of this national church. They display the operation of the principles by which the first Reformers and their immediate successors were actuated. They demonstrate that these men were not more distinguished by zeal for truth, than by loyalty to the head of the government, attachment to true principles, (I do not say of toleration—for that was a term which they certainly did not employ or approve)—of religious liberty and civil subordination. They bear testimony to the strictness and impartiality of ancient discipline. They vindicate the character of those illustrious men whose names have been unjustly aspersed, but who, both by their doctrines and their lives,—by their unwearied exertions and their patient sufferings,—left an example, not indeed of faultless excellence, but assuredly of the most noble, magnanimous, and fearless adherence to the standards of our constitution.

“These Registers also contain much that is capable of correcting erroneous representations of historical facts with regard to the internal state of the kingdom—the institutions, habits, and customs, as well as the morals of the people, and the spirit which was most prevalent at particular periods in various districts of the land. They prove, beyond all controversy, that our Reformers, instead of having been at first actuated by an unrestrained spirit of innovation, were rather, in some respects, disposed to retain too much than to reject too much of the practices of the church from which they had separated, and that this very circumstance prevented them from ever attaining that independence at which they aimed. At the same time, they prove, that from the very first moment, it was the determined object of the leaders of the Reformation, to establish such a Presbyterian Government, as was at last, with the utmost difficulty, completed;—and that even when the name of bishop was introduced, the persons holding that title sat in the General and Provincial Assemblies in no higher rank than the humblest presbyter, and in the Kirk-Sessions were named after the parochial minister, under the designation of elder.

“In addition to all this it may be stated, that, though these documents were less productive of instruction than they are, they well deserve to be preserved with care, as the most venerable remnants of a distant age—as the earliest annals of our infant church, as the (almost sacred) relics—not of canonized saints indeed—but of confessors and martyrs, who counted not their lives dear to them; and who, when they thought it necessary, never shrunk from sealing their testimony with their blood. And if I am again asked—What is the use of attending to these perishing monuments of a period of little refinement?—I have only to answer, that with all my antiquarian propensities, and all my admiration of what is great and magnificent in the works of art, and all my reprobation of the violence which impelled some of our Reformers to demolish the solemn temples which they considered as the shrines of idolatry, and the receptacles of antichristian intruders,—I would much rather share in the disgrace of these acts of violation, than destroy or deface one shred or fragment of these frail memorials of despised and almost forgotten worth, which bear the impress of zeal for piety and learning, loyalty and patriotism, liberty and truth,—and which more conspicuously than even the uplifted banner of the Covenant, present the seal and superscription of glory to God, and good will to man—peace to the church, and happiness to the state.”

THE BOOKE

OF THE

UNIVERSALL KIRK OF SCOTLAND:

WHERIN

THE HEADS AND CONCLUSIONS

DEVYSIT BE THE MINISTERS AND COMMISSIONARIS OF THE PARTICULAR KIRKS THEREOF ARE SPECIALLY EXPRESSED AND CONTAINED.

[FIRST GENERAL ASSEMBLY.]

The Names of the Ministers and Commissioners of the particular Kirkes of Scotland, conveened to consult upon these things, q^lks are to set forward God’s Glory and the well of his Kirk in this Realme, in Edinburgh, the twenty day of December one thousand ffyve hundred and sixty years.

John Knox, minister, James Barone, and Edward Houp, Commissioners for Edinburgh;

Christopher Guidman, minister, David Spens, and Mr Robert Kynpont, for Saint Andrews;

Master Johne Rowe, minister, for the Towne of Perth and Kirke thereof;

William Darroch and William Norwell for the Towne of Striviling and Kirk thereof;

Charles Drummond, Provest, James Wotherspoone, and Andrew Milne, for Linlithgow;

Hew Wallace of Carnall, Johne Fullartone of Dreghorne, and

Charles Campbell of Sheldome, for the Kirks of Kyle;

George Hoome of Spott for the Kirks of East Lowthiane;

David Lindsay, minister, Andrew Lambe, and Patrik Boyman, for Leith;

Williame Harlaw, minister, and Robert Fernelay of Braid, for St Cuthbert’s Kirk;

Williame Christiesone, minister, George Lovell, and Williame Carmichael, for Dundie;

Alexander Guthrie of Halkartoune, and Williame Durhame of Grainge, for Forfar;

John Eskine of Dunne and Andrew Milne for Montrose;

The Laird of Tullyvaird and Fethercairne for the Kirks of Merns;

The Laird of Gairlies, Younger, for the Kirks of Nithsdaile;

Mr David Weyms for the Kirk of Carnbie;

Mr Walter Balfoure for the Kirk of Lintone;

Johne Browne, Thomas Boyd, and James Polwart, for Torphichen;

William Lambe, Williame Benole, for Dunbar;

Jame Douglas, James More, for Calder Comites;

Mr Robert Wynrhame for Ratho;

Johne Kincaid for Kirklistoune.

The Names of them quhilks the Ministers and Commissioners thinks most qualified for the ministring of the Word of God and Sacraments, and reading of the Commoun Prayers publicklie in all Kirks and Congregations, and given up be theme every one within their own bounds.

In Kyle, for Reading,

Rankene Davidsone, Richard Bannatyne, Robert Campbell, Hew Wallace, Andraw Lokhart, Andraw Chalmer, James Dalrymple, Adame Landals, all Readers; and Johne Chalmer, appointed to teache.

In Saint Andrews, for Ministring and Teaching,

Master Johne Rutherford, Williame Ramsay, James Wilkie, Robert Hammiltoune, Patrik Coustaine, William Rynde, Williame Skeene, Archibald Hammiltoune, Alexander Arbuthnet, James Kirkaldie, David Collase, Williame Scott, David Weymes, Thomas Buchanan, David Spense, Robert Pont, Johne Wynrhame of Kirkness, Alexander Spense, Johne Woode, David Guild, and Robert Patersone.

Uthers q^lk are thoght apt and able, be the Ministers and Commissioners foresaid, to Minister:—

Johne Erskine of Dunne, Johne Fullartoune of Kynnabie, David Forres, Patrik Kinmonth, Mr James Melvill, Richard Melvill, Mr Johne Kellow, Robert Montgomrie, Johne Hepburne, Thomas Hepburne, George Hepburne, and William Lambe, Mr Johne Ramsay, presentit be Sir Johne Borthwik, as Ministers for the Kirks of Aberdour and Torrie.

21st December 1560.

The Ministers and Commissioners forsaids being assembled,—Finds that the Ministrie of the Word and Sacraments of God, and assemblie of the people of the haill parochine of Restalrig, be within the Kirk of Leith; and that the Kirk of Restalrig, as monument of Idolatry, be razed and utterly casten downe and destroyed.

The questione being proponed anent marriage in second and uther degrees of consanguinitie, forbidden be the Pope to be solemnizat betwixt parties,—It is found, that, of the Law of God, mariage may be solemnizat betwixt parties, being of second, third, and fourth Degrees of Affinitie or Consanguinitie, and uthere sick as are not prohibited expresslie be the Word; and, therefore, to desyre the Lords and Estates to interpone their authoritie, approve the same, and make Laws thereupon.

27th December 1560.

The Kirk appointed the Election of the Minister, Elders, and Deacons, to be in the publick Kirk, and the Præmonition to be upon the Sonday preceeding the day of electione.

The Kirk appointed that, to the punishment of fornication, the Law of God be observed, publick repentance to be made be them that shall use carnall copulatione betwixt the Promise and Solemnization of the mariage.

That all such as hes been in the ministrie of the Paip’s Kirk, good and well conditioned persons, that they shall live upon the almes of the Kirk with the number of the Poore.

Consented be the Kirk, that none be put in judiciall offices to be Magistrates, as Provist, Baillies, and Officers of Towns, exceptand them who are knowne to be plain and true Professors of the Evangell. It is also thought expedient, that earnest supplication be made to the Estates of this Realme in Parliament, and to the Lords of Secret Councill, that all judges ordinary, and officers judiciall, sick as the Lords of Secret Councill, Sheriffis, Stewarts, Baillies, and uthers Judges, be Professours of the Treuth, of the trew Word of God; and all Ministers thereof to be removet from sick offices, according to the Civill Law.

To ask at the Estates of Parliament and Lords of Secret Councill, for eschewing of the Wrath and Indignatione of the Eternall God, and removeing of the Plagues threatned in his Law, that sharp punishment be made upon the Persones underwrittin, and uthers Idolaters and Maintainers thereof, in contempt of God, his true Religioun, and also of Parliament, whilk sayes and causes Masse to be said, and are present thereat, within the places following:—

In Nithesdale and Galloway,

The Pryor of Whittorne and his Servants in Cruightoune;

The Laird of Carswell in Carswell;

The Laird of Carleil;

The Laird of Kirnichael, who causes Masse dayly to be said and Images to be holdin up, and Idolatrie to be maintained within his Bounds.

In Fyfe,

The Laird of Balwerie and Lathrisk; Mr Johne Scrymgeour’s wife.

In Kyle, Carrick, and Cunninghame,

The Erles of Eglintoune and Cassills; William Hamilton of Cambus Keith; the Abbot of Corsraguell; the Parochiners of Mayboll, Gariane, Oswald, and Divley, within the whilk kirks Masse is openly said and maintained.

In East Louthiane,

Johne Carbettle in Margill causses Masse daylie to be said; the old Ladie Hoome in Thornetoune; the Curat of Currie for abuseing the Sacraments.

In the Forrest of Etrick,

The Goodman of Gallowschields, who not only causes Masse to be said, but also maintains the sayers thereof, who are Enemies to God and his Truth, and therefore were exylit out of Edinburgh.

The Kirks conveened continows this their Assembly till the 15th day of Januarie nixt to come, and hes thought expedient that the said day ane commissioner at the leist be sent for every kirk, for requireing of such things of the Parliament as shall be thoght for the well of the holy Kirk; and every Commissioner present permitts to come themselves, or cause some others frae the Kirk the said day to the Burgh of Edinburgh, to the effect foresaid; and ordains every Commissioner, alswell of towns as of paroch kirks to landward, to bring ane roll with them of the haill teynds, lands, anwalls, profeits and emoluments of the paroch kirks nixt adjacent to them, and what persons hes tacks thereof, to whom the samen pertains, and their names to be speciallie named, and what dewtie they pay for the samen.

[SECOND GENERAL ASSEMBLY.]

Att Edinburgh, the 27th of May 1561.

The whole Kirk, conveened in the Tolbooth of Edinburgh, hes decerned and thought good, that ane humble Complaint be made and givin in, in their names, touching the suppressing of Idolatrie, and uther points after following, to the Lords of Secret Councill.

In the First, For suppressing of Idolatrie throughout the whole Realme, and punishing of the Users thereof, Maintainers of the samen, Haunters and Frequenters therto.

Item, For maintaining ane speciall provisione to be made for superintendents, and disobeyers of them.

Item, For ordour to be taken anent the Abusers of the Sacraments, and Contemners of the samen.

Item, That no Letters of the Sessioune be givin to answer or pay to any persone their Teynds, without speciall provisione that the Parochiners retain sae meikle in their hands as is appointed to the Minister; and that all sick as are else givin, be callit in and discharged, and likewayes that no Shreffs give precepts to that effect.

Item, That the Sessioune nor no uther Judges proceed upon sick precepts or warnings past at the instance of them that hes obtained Fewes of lait, of Vicarages, Persons’ Manses, and Kirk-yards.

Item, That no Letters take place whill the Stipends, contained in the Book of Discipline for the sustentation of the Ministers, be first consigned in the hands at least of the principall of the Parochiners.

Item, For ordour to be taken upon the punishment of such as purchases, brings hame, and executes within this Realme, the Pope’s Bulls.

28th May 1561.

The Kirk conveened; after they heard the Supplication and Articles foresaid, being put in forme, read in the presens, at lenth advysed therwith,—ordained the samine to be presented to the Secret Councill; and for presenting thereof and obtaining of Answers therto, nominat and ordained thir Brethren after mentioned to wait theron, viz. The Maister of Lindsay, the Laird of Ferniehirst elder, Thomas Menzies, Proveist of Aberdeen, the Laird of Lochinvar, the Laird of Whittinghame, and George Lovell, Burgess of Dundie.

Upon the whilk Supplication, Articles, and sute thereoff, was granted and followit be the Lords of Secreit Counsell, ane Act and Ordinance therupon, with Letters thereupon, answering to every Head of the said Articles and Supplication at length specified in the Act of Secreit Counsell made therupon, whilk is to be had in the hands of Johne Johnstoun, Scrybe therof, and Supplication past therupon.

May 29, 1561.

The whilk day, touching the sclander taken be the horrible fault and impietie committed within this burgh under silence of night be Marquies Dalbuife and his Colleagues, in breaking up of Cuthbert Ramsay his ʒetts and doors, and searching and seeking of his daughter in Law to oppress her, as appeared: It is thought good be the whole Kirk that ane Supplicatione be made and given in to the Queen’s Majestie, in name of the Professors of the Evangell, and the persons before nominat present the samen, to seek the answer thereof: the forme of the Supplication followeth:—

To the Q. Majestie, her Secret and Great Councill, her G. faithful and obedient subjects, Professors of Christ Jesus his holy Evangell, wishes the Spirit of Righteousness and Judgement.

The fear of God conceaved of his holy word, the naturall and unfained Love we bear unto your G. the dewtie quhilk we owe unto our Countrey, and terrible threatenings quhilk our God pronunces against every realme and citie in the quhilks horrible crimes are openly committed, and then be the Committers obstinatly defended, compel us, an great part of your subjects, humbly to crave of your G. upright and trew Judgement against sick persones as hes done what in them lyes to kindle God’s wrath against this realme. The impietie be them committed is so hainous and so horrible, that as it was a fact most vyle and rare to be heard of within this realme, principallie within the bounds of citie, so should we think ourselves guiltie of the samen if negligently, or yet for worldly fear, we pass it over with silence, and therefore your Grace may not think that we require any thing. All that we crave, open malefactors condignly to be punished, But that whilk God hes commanded us to crave, and has also commanded your G. to give to every one of your subjects; ffor be this Link hes God knitt together the Prince and the people, That as he commands honor, fear, and obedience to be given to the Powers established be him, so does he in express words command and declare what thing the Prince aught unto the subjects, To witt, that as he is the Minister of God his word, bearing the Sword for vengeance to be taken on evil doers, and for the defence of peaceable and quiet men, swa ought he to draw the samen without all partialitie swa oft as in God his name he is required thereto. Seeing so it is, Madame, that this crime so recently committed, and that in the eyes of your haill realme now presently assembled, is so hainous, ffor who heretofore hath heard within the bounds of Edinburgh, ʒetts and houses under silence of night bruised up, houses ryped, and that with hostilitie seeking ane woman, as appeared, to oppress her:—Seeing, we say, this crime is so hainous, That all godlie men fear not only God’s sair displeasure to fall upon you and your whole realme, But also that sick libertie breed contempt, and in the end seditione, if remeed in tyme be not goodlie provyded, quhilk in our Judgement is possible, if severe punishment be not execute for the cryme committed. Therefore, we most humbly beseech your Grace that, all affection laid aside, ye declare yourselfe so upright in this case that ye may give evident demonstratione to all your subjects, that the fear of God, joyned with the love of common tranquillitie, have principall seat and dominion in your Grace’s heart. This further, Madam, of conscience we speak, that as your G. in God his name does crave of us obedience, quhilk to render in all things lawful we are most willing, swa in the samen name doe we, the whole Professors of Christ’s Evangell within this realme, crave of you and of your Councill sharp punishment of this cryme, and for performance thereof, that, without all delay, the principall actor of this most hainous cryme, and the persewars of this pretended villanie may be called before the Chief Justice of this realme to suffer ane assyse, and to be punished according to the Lawes of the samen, and your G. answer we most humbly beseek.

[THIRD GENERAL ASSEMBLY.]

The Convention of the Kirk of Scotland, gathered in Edinburgh the penult day of Junij 1562, in the quhilk were present the Superintendants, Ministers, and Commissioners underwritten:—

Superintendents,

Mrs Johne Spottiswood of Louthiane, Johne Wynrhame of Fyfe, Johne Willock of Glasgow, Johne Erskine of Dun of Angus, Johne Carswell of Argyle.

Ministers and Commissioners,

Johne Knox, Minister of Edinburgh, James Barrone and Edward Hope, Commissionars;

James Yong, Mr David Lindsay, Minister at Leith, Patrick Cockburne, and Johne Browne, Commissioners;

Mr Johne Craig, Minister at Halierudehouse, Johne Hart and Williame Oswald, Commissioners;

Williame Harlaw, Minister of St Cuthbert’s Kirk;

Johne Burne, Minister of Mussilburgh;

Mr Thomas Cranstoune, Minister at Tranent;

Alexander Forrester, Minister at Libbertoune;

Mr George Furde, Minister at Dunnune;

Mr David Weymis, Minister of Ratho;

David Cunninghame, Minister of Lanarick;

James Walker, Minister of Steinstoun;

Christopher Goodman, Minister at St Andrews;

Mr George Leslie, Minister at Strathmiglow;

Richard Melvill, Minister at Inchbraok and Maritoun;

Johne Douglas of Pumfrestoun, and Johne Douglas in Howden, Commissioners of the Kirk of Calder;

The Laird of Spott, Commissioner for Dunbar and diverse in the Mers;

James Fleyming, Elder and Commissioner of Glasgow;

The Laird of Lye, Commissioner of Lanerick;

The Laird of Barre, Commissioner of Kyle;

Johne Cathcart of Cariltoun, Commissioner of Carrick;

Mr Robert Pont, Elder and Commissioner of St Andrews;

Thomas Scott of Hayning, Commissioner of Selkraig and Melros.

The quhilk day the fornameit convenit in Mr Hendrie Lawe’s House, and after prayer the Heids and Articles following were treated:—

That Unitie of Doctrine may be retained among the Ministers.

That errors may be avoided, that manners may be reformed, vyce punished without exception of persons, and so that vertew and knowledge may be universallie planted through this realme.

Because the Lives of Ministers aught to be sick as thereby uthers may be provocked to Godliness, It becomes them first to be tryed, and therefore after the tryell of the Superintendants, if any man have to accuse them in life, doctrine, or execution of their office, The Elders of every Kirk most be charged in God’s behalfe to declare their conscience of their Minister, touching their doctrine, life, manners, and conversatione: if any be accused and convict of any notable cryme, he must be subject to the censure of the Kirk, and suffer punishment and admonition, as they shall pronounce.

After the Ministers, the Elders of every Kirk must be tryed, if any hes to lay to the charge of any of them, the accused, whether he be Minister or Elder, aught to remove out of the Assemblie whill his cause be tryed: if he be convict, he can have no voit whill the Kirk receive satisfactione.

After tryall be taken of the haill, then must every Superintendant, with the Ministers and Elders within his Diocie, expone to the Kirk the estate of the Kirk amang them, note the offences and crymes that they know, to the end that the haill may advise some wholsome remead, or at least make supplication to the superiour powers for the samen; and lest that confusione should happen through rashness and hastiness, lotts would be casten what Diocie should first be heard, what secondlie, and swa furth of the rest.

That no Minister leave his flock for coming to the Assemblie except he have complaints to make, or else be complained on, or at the least be warned thereto be the Superintendant.

The Second Assembly, holden the last day of Junii 1562.

It is concluded be the whole Ministers assembled, that all Ministers shall be subject to their Superintendants in all lawful admonitions, as is prescryved as weele in the Booke of Discipline as in the election of Superintendants.

That Superintendants take compt what Books every Minister hes in store in the tyme of their visitation, and how the saids Ministers and every one of them does profite from tyme to tyme in reading and studying the same.

The Third Sessioune, holden the first of Julii 1562.

It is concluded that the Minister shall inquire his elders and every one of them to assist him in all his Lawfull Assemblies; In the whilk if they be found negligent, yet shall he proceed to all admonitiones according to the rule of Christ, whilk they or any of them obey not; then shall the Minister, with so many of the Kirk as will subscryve with him, notifie the matter to the Superintendent, and if he be his can profite nothing, then be his advyse that the inobedient be pronounced excommunicat, and the magistrat, subject to the rule of Christ, be not exeemed from the same punishment, being found guiltie or inobedient.

To make supplication to the hier powers for the Manss and aikers to Ministers to dwell in, according to the Book of Discipline, and the Kirks to be repaired that are decayed, conforme to the act of the Lords of the Secret Councill, pronounced before the Q. G. homecuming.

The Fifth Session, holden at Edinburgh, Julii 3, 1562.

The haill Kirk appoints and decerns Mr John Sharpe and Robert Wilsone to minister in sick Kirks as shall be thought good be the Kirk.

The Sixth Session, 4th July 1562.

Touching the removeing of Idolatrie, the Kirk now, as of before, concludes humble supplication to be given in to her hienes, but the manner how, they have referred to farther consultation of her Majesties Secret Councill.

That supplication be made to her hienes for punishing of all vyces commanded be the Law of God to be punished, and yet not commanded be the law of the realme, viz. blasphemie of God’s name, contempt of his word and Sacraments, profanation of the samen be sick as were not lawfully called to the ministration thereof, perjurie and taking of the name of God commonlie in vaine, breakers of the Sabboth day, In keeping of common mercats, adulteries, fornication, filthie talking; and further, that punishment be execute upon the transgressors of the last proclamation made against massmongers or hearers.

Anent the actiones of divorcement, to make supplication to the Secret Councill, that either they give up universallie the Judgment of divorce to the Kirk and their Session, or else to establish men of good lives, knowledge, and Judgement, to take the order thereof; provyding allwayes that the saids Lords make provisione and ordinance how the guiltie persons shall be punished.

And sua dissolvet this Assembly, and appointed to conveen again the 25th day of December nixt to come in Edinburgh.

(Sic subscribitur) John Gray.

[FOURTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk of Scotland, conveened at Edinburgh the 25th day of December 1562, in the quhilk were present the Superintendants, Ministers, and Commissioners.

The whilk day the forenamed Assembly in the old Councill-house, Johne Knox, Minister of Edinburgh, called upon God’s name for the assistance of his Holy Spirit.

In the second and third Session, Superintendants and Ministers were tryed, every Superintendant is removed, and delations given in, and swa the Ministers.

Session Second, holden the 25th of the same moneth.

Anent the sustentation of the Ministers, exhorters, and readers within the burroughs, my Lord Comptroller required the haill Commissioners of Burroughs, presently conveened at this Assembly, that they wauld signifie unto him be word or write, within ane competent space, what reliefe they would make to the sustentation of the ministrie forsaid, In respect that they were before burdened with diverse charges for upholding of sick as called themselves Ministers in the abused Kirk.

Session Third, holden December 29, 1562.

The Kirk presently assembled ordains, That inhibition shall be made to all and sundrie persons now serving in the ministrie who hes entered, being slanderous before in doctrine, hes not satisfied the Kirk: Secondlie, that hes not been presented be the people, or ane part thereof, to the Superintendant; and he, after examination and tryall, hes not appointed them to their charges; and this act to have strenth alswell against them that are called Bishops as uthers pretending to anie ministrie within the Kirk.

Mr Archbald Keith, Minister of Logy and Balmerinoch, was decerned be the Kirk to be translated from the forsaid Kirks to sick place as that his stipend should be more abundantly given him, In caise he be not reasonablie satisfied be the Lords appointed to modifie the ministers’ stipends, provyding he change not at his owne private opinione, But to have therein the judgement and appointment of the Kirk, who shall give their judgement herein ere this Assembly be dissolved.

Session Fourth, holden December 30, 1562.

The Kirk presently assembled gives power to everie Superintendant within their own bounds, in their Assemblies Synodall, with consent of the maist part of the Elders and Ministers of Kirks, to translate Ministers frae ane Kirk to ane other, as they sall consider the necessitie. And in lyke manner chargeth the Minister sua translated to obey the voyce and commandement of the Superintendant; and ordaines furder, That the Superintendants appoint their Synodall Conventiones twyse in the year, to witt, in the moneths of Aprile and October, on sick days within the said moneths as the Superintendant shall think good; and that they give sufficient advertisements to the particular Kirks, that the Minister with ane Elder or Deacone may repare toward the place appointed be the Superintendants, at the daye that salbe affixed be them, to consult upon the common effaires of their Dioces.

Session Fifth, holden the last of December 1562.

The Kirk gives commission to the Superintendants of Angus, Lowthiane, Glasgow, and Fyfe, with David Forrester, to travell with the Lords of the Secreit Counsell to know what cause sall come in Judgement to the Kirk, and what Order of Execution sall be taken therin.

It is concluded, That ane uniforme order sall be taken or keeped in ministration of the Sacraments, and solemnization of Mariages and Buriall of the Dead, according to the Kirk of Geneva. Attour ordains, That the Communion be administered foure times in the yeere within the Burrowes, and twyse in the yeere toward landwart.

Forsamickle as it was heavilie lamentit be the maist pairt of the Ministers that they can have no Dwelling places at their Kirks, because the Manses ar either deteinit be the Parsons or Vicars of the samen, or else sett in Few or utherwayes to Gentlemen, The Clerk Register and Justice Clerk desyres the Superintendants to signifie to the Clerk of the Rentalls where the said Mansis are, and in what Countrey, to the Effect that the saids Mansis may be assignit to them {missing text indicated by asterisks} Third-part; and thereafter that the saids Ministers complimandand may be staiked and helped to the samen for their commoditie and remaining with their Flocke.

Notwithstanding the proponing and nomination of the Superintendants for Aberdein, Bamf, Jedburgh, and Dumfries, appointed of before in the third Session, and the days appointed for election of the same, the whole Kirk remitts further advisement and Nomination of the persons to the Lords of Secreit Counsell, provyding allwayes that the Dayes appointed for the election be not prolonged.

[FIFTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk of Scotland, conveened and holden at Johnstoun, the 25th day of Junii 1563, In the whilk were assembled the Superintendants, Ministers, and Commissioners of the Kirks.

Sess. 1^ma.

Prayer is made be Mr Johne Willock, Superintendant of the West: Superintendents and Ministers were tryed.

The same day Johne Knox, Minister of Edinburgh, having Commissioun given to him and certaine Elders and Deacons of the Kirk of Edinburgh, to take cognition of the Slander raisit agains Paul Methven, late Minister at Jedbrugh, anent Adulterie committed be the said Paul with ane {blank space} his servant,—The said Mr Knox declared the haill cause quhat he had done in the foirsaid slander, viz. the said Paul to have committed the said abhominable Cryme of Adulterie, and therefoir, with advyse of the Kirk of Edinburgh, Superintendant of Lowthiane, and Collegues above written, have removed him frae all Ministrie, and also excommunicat him. And swa having put his said Commissione to Executioune, rendered up the same againe to the Generall Assemblie, fra quhom he received it.

Mr Johne Rutherfuird, Principall of Salvator’s Colledge, complained, That Mr John Balfour usurpit the Ministrie at Cultis, being unqualifiet to discharge the same; and seeing the Kirk pertainit to him as Principall, he offerit himself to minister, according to the talent given him be God. The Kirk, hearing his complaint and offer, ordainit the said Mr Johne to accept the office, who, in presens of the Assemblie, accepted the same.

The said day, David Fergusone, Minister of Dumfermling, declared in the publict Assemblie, That he had spoken to Paul Methven, lately excommunicat, quhom he fand verie sorrowful for his grievous offence committed be him in maner above rehearsed, and also sick repentance for the same, that he wald underly whatsoever punishment the Kirk of God would lay upon him, even if it were to lose any member of his bodie, to satisfie the same. After long reasoning of the whole Assemblie of the said repentance and offer, reportit be the said minister, the Kirk condescendit that the said Paul sould have a comfortable answer, and attour that they in the mean tyme sould speake the Lords of the Privie Counsell thereanent.

Sess. 2^a. holden 26th Junii 1563.

The whilk day the Kirk pronounced, That no Contract of Marriage alledged to be made secretlie, carnall copulation following, sall have faith in judgement in time coming, untill the tyme the contractors suffer as breakers of good order and slanderers of the Kirk; and thereafter that faith sall not be given to that promise, untill sick tyme as famous and unsuspect witnesses affirme the same, or ellse both the parties confesse it: And in case that Probation or Confession follow not, that the saids offenders be punished as Fornicators.

Concerning the order of appellations, it was statute and ordained, That if anie person find himself hurt be any sentence given be any Ministers, Elders, or Deacons of the Kirk, It sall be lesume to the persone so hurt to appeall to the Superintendant of the Diocie and his Synodall Convention, within ten dayes next after; and the said Superintendant sall take cognition whether it was weill appealed or not, and give sentence thereupon; and if the Partie yitt alleges himself hurt be the Superintendent and his Convention, it salbe lawfull to appeale to the Generall Assemblie of the whole Kirk, immediatelie following thereafter, within ten dayes as of before; and the said Assemblie to take cognitione of the said Appellation, whether it was weill appealed or not, and thereafter to pronounce sentence thereintill, frae the whilk it sall not be leisum to the said Partie to appeale, but the former sentence to have Execution, according to the tenor of the same.

Item, If the appellant justifies not his appellation before the Superintendant and his Convention foresaid, that he sall impute an Paine upon the said Appellant, as he sall think good, above the Expensis to the Partie; whilk Paine salbe delyvered to the Deacons of the Kirk where the first sentence was given, to be distribute to the Poore.

And in like maner, the Generall Assemblie, finding it evill appealed be the said Partie frae the foresaids Superintendant and Convention, sall, as of before, impose ane paine arbitrall, to be distribute as said is, together with the Expensis to the Partie, as is above specified.

Ordained, That supplication be made to the Q. Majestie and Secret Councill for Union of Kirks, that where two or three are within two or three myles distant, the same to unite, and cause the inhabitants to resort to ane of the saids Kirks to hear the word and receave the sacraments. Because the scarceness of Ministers permitts not every Kirk to have a severall Minister, and also the small number of sick parochins requires not the same.

Ordained, That the Instruction of Youth be committed to none within this Realme, nather Universities nor without the same, bot to them that professe Christ’s trew Religion, now publiclie preached; and that sick as now occupie the places not professing as said is, be removed frae the samen, and to remember that some ordour be made for the sustentatioun of poore Scholars.

Sess. 3, 27th Junii 1563.

It is statute and ordained, That no work be sett forth in print, nather yet published in writt, tuiching Religion or Doctrine, untill sick tyme as it be presented to the Superintendent of the Diocie, advised and approved be him, and be sick as he sall call of the most learned within his bounds; and if they, or anie of them, doubt in anie point, so that they cannot resolve clearlie in the same, they sall produce the said worke to the Generall Assemblie of the Kirk, whill order salbe taken touching the resolution of the said doubt.

Sess. 4, 27th of Julij 1563.

Ordains, That everie Superintendent within his awne jurisdiction cause warne the shires, towns, and paroch kirks, to send their Commissioners to the Assemblie in times cuming, declaring unto them the day and place, and also that every Superintendent conveen the forsaid day, appointed for the Assemblie, under the paine of fourtie shillings, to be distribute to the poore, without remission thereof.

[SIXTH GENERAL ASSEMBLY.]

The Generall Assembly, convened at Edinburgh the 25th day of December 1563, in the New Tolbooth; the prayer and exhortation made be John Willock: In the whilk were present James Duke of Chalterault, Archibald Earle of Argyle, James Earle of Murray, James Earle of Mortoune, Earle of Marshall, Alexander Earle of Glencairne, William Maitland of Lethingtoune, Secratar, Sir John Wishart of Pitarrow, Comptroller, Sir John Ballantine of Auchnool, Justice-Clerk, Lords of Secret Counsall, Superintendants, Ministers, and Commissioners of Kirks and Provinces.

Session First, 25th of December 1563.

Anent the Question moveit be Johne Knox, Minister of Edinburgh, to the haill Assemblie, whether he receivit charge of the haill Kirk, convenit in Edinburgh, after the beginning of the Reformation, to advertise the brethren to conveine at what tyme any member of the Kirk sould chance to be troublit, and that for thair counsell to be had?

To the quhilk the Lord Lindesay, the Lairds of Kolwood and Abbotshall, Cunninghamehead, the Superintendents of Angus, Fyfe, Louthiane, West, and Galloway, Mr Johne Row, Mr Christiesone, Mr Robert Hamiltoun, Mr Christopher Goodman, ministers, with the maist pairt of the haill Assemblie, made their declaration, That they rememberit verie well that the said Johne Knox wald have had himself exonoured of the foirsaid charge, and that the Kirk then present wald naways suffer him to refuse the same, bot that he sould continue as of befoir to advertise fra tyme to tyme, as occasion salbe given.

It was proponed be the haill Assemblie that ane Moderator should be appointed, for avoiding confusion in reasoning, but that every brother should speak in his own roome. The Lords of the Secret Councill, with the haill brethren of the Assembly, appointed Mr Johne Willock, Superintendent of the West, Moderator during this Assemblie.

Session Third, 28th December 1563.

The haill Assemblie here present has farther concluded and finally consented, that for their own parts, the tennents and occupiers of the ground shall have their own teynds upon composition.

Session Fourth, 29th December 1563.

It was thought needful for farther confirmation of the Booke of Discipline, That the Erle Marshall, Lord Ruthven, Lord Secretare, Commendatare of Kilwinning, the Bishop of Orknay, Clerk of Register, Justice-Clerke, Mr Henrie Balnaves, David Foird, and Mr George Buchanan, anie three or foure of them, advise the said booke diligentlie, consider the contents thereof, noting their judgments in writing, and to report the same to the nixt Assemblie Generall of the Kirk; or if ane Parliament happen to be in the meane tyme, that they report their saids judgments to the Lords of the Articles that shall chance to be chosen before the said Parliament.

Session Fifth, 30th December 1563.

Forsamickle as Ministers, Exhorters, and Reiders, remaines not at the Kirks quher their charge lyes, bot dwells in townes farre distant fra the saids Kirks, quherthrow the peiple wants the continuall comfort quhilk their daylie presence sould give, be mutual conference of the ministers with the flocke. Heirfor, the Kirk ordanes Ministers, Exhorters, and Reiders, haveing mansis to dwell in, that they make residence at the same, visite the flock as they may; and quher the parochin is great, that the Minister crave the supporte at the Eldars and Deacons to help him in the said visitatioun.

Touching the burial of the poore in every parochin to landwart, it is ordainit that a biere be made in every parochin to carry the dead corpsis to buriall; and that village or house quher the dead lyes, with the nixt adjacent house therto, or ane certaine number of every house, sall convey the dead to the buriall, and eird it sax foote under the eird; And that every Superintendent within his awin bounds requyre the Lairds and Barrones within the same to make ane Act in their Court touching this ordour, and cause their officers to warne the narrest neighbours quher the dead lyes, to convey the samen to buriall, as said is, according to their said act; and farder, that the Superintendants take ordour heir as occasioun sall serve.

Session Sixth, the last of December 1563.

Anent the determinatioun of the Kirk tuiching Thomas Duncansone, Schoolmaster and Reidar in Striveling, quho had committed fornicatioun, and thereafter had made publick repentance, Whether he sould be restorit to his office or not after his publick repentance: It was ordainit that he sould abstaine frae the said office, until sick tyme that the Kirk of Striveling made request to the Superintendent for him; and that he present the said sute or requeist to the nixt General Assemblie. Attour, if the woman was a maiden with quhom he had committed the said fornicatioun, that he sall marie her if she requyre the samen, in part of satisfactioun to the Kirk.

Tuiching the question proponit be the Superintendent of Fyfe, anent Alexander Jarden, Minister of Kilspindie, Inchture, and Raitt, quha had committit fornicatioun with a virgine, and thereafter had maried her and had satisfiet the Kirk, Whether he sould be admittit agane to the ministrie or not? The Kirk suspended the said Alexander frae all functiouns of the ministrie within the Kirk quhill the nixt Assemblie, and then to receave answer.

[SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie, holden at Edinburgh the 25th Junii 1564, holdin and begune in the Neither Tobuith att foure houres Afternoone; Exhortatioun and prayer made be Mr Johne Knox, Minister of Edinburgh: In the quhilk were convenit the Superintendants, Ministers, and Commissioners of Provinces of Kirks.

Sess. 2d, Junii 1564.

The Assemblie continowed Mr Willock Moderator of this Assemblie.

The Assemblie requestit Mr Robert Montgomerie, Minister at Couper, to support every uther Sunday the Kirk of Largo, quhill farther provisioun be made; and ordainit the Superintendent of Fyfe to labour with the Towne of Coupar for License to the said Mr Robert for the purpose foresaid; and to take ordour with the Schoolmaster of Couper to reid and exhort in the Kirk.

Sess. 4, 28th Junii 1564.

The haill Assemblie made, constitute, and ordainit their Commissioners under-written; for Fyfe, the Laird of Lundie and Thomas Scott of Abbotishall; for Lowthiane, the Lairds of Spott and Elphingstone; for the Westland, the Lairds of Carnall, Carse, and Kelwod; for the South, the Lairds of Wodderburne, and Andro Kar of Faudansyde; for Galloway, the Laird of Garlies, Zonger, and Mothine, with Mr George Gordoune; for Angus, the Provost of Dundee; and for the Northland, the Laird of Craig: They sall altogether repaire towards the Lords of Secreit Counsell, and thene present the Articles underwritten, pertinand to Reformatioun of Maners, punishment of certain Crymes, maintaining of Justice, and others concerning the universall Kirk of this Realme; and to reason thereupon with the said Lords, and report the Answers thereintill to this present Assemblie.

TENOUR OF THE ARTICLES.

First, that it is thoght good, and alsweill conforme to the Act of Parliament, immediately before the Queen’s Majestie’s arrival, promittit as her Heiness owin Ordinance, with consent of her Nobilitie, decreit and appointit after her Grace’s arrivall, Chryst’s Religion be de novo established, ratified, and approved throughout the whole Realme, and that all Idolatrie, especially the Masse, be abolished over all; so that no other Face of Religion be permittit or thoilit to be erectit.

And for this effect, that the Ministers be provydit decentlie with an assurit appointment, where they sall receive their livings asweill bygane as to come, and not to live as Beggers, as presentlie they doe; and in lyk maner to desyre, and with all humilitie to requyre, that the Transgressours againis the Ordinances, asweill from tymes past as from this tyme foorth, might be punisched according to the saids Lawes and Ordinances, and especially againis them that contemnes and committis Inobedience againis the saidis Lawes, in Aberdein, in the Carse of Gowrie, in Seafield, and in sundrie uther places, as salbe specifiet.

After the forsaids Articles war notified and declared to my Lords the Erles of Murray, Argyle, Glencarne, and to my Lord Secritar, being present, and send be the Quein’s Hieness to the Assemblie, to know quhat things were proponit therein; thoght the saids Articles, as they were conceivit, not so convenient to be proponit as appertained, and therefor thoght it meitt to collect twa Heids thereof, quhilk they themselves wald propone to the Quein’s Majestie; quhilk Heids follow:

And first, they wold declare to her the good mynds and obedience of them then assemblit.

And as tuiching the Estate of Religioun, seeing it tuitchit the said Lords most especiallye, being members of the said Kirk, they wold labour at her Grace’s hands, that the same might be observit according to the ordour establishit at her Heiness arryvall, and doubtit not to obtaine sick gentle answer and agreement of her Majestie in that behalf as might satisfie the said Assemblie.

The uther Heid, tuiching the sustentatioun of the Ministers, the saids Lords in lyke maner promised to labour at her Hienes’ hands that they might have appointment of the saids Stipends, and hoped to dresse her Hienes so that they sauld be ressonablie satisfiet of their desyre in that point.

Thereafter the saids Lords declarit, be the mouth of my Lord Secretaire, how they had proponit the saids Heids to the Quein’s Majestie, and how they were not only accepted be her Heiness in good part, but also gentlie answerit, and acceedit to the performance thereof; and therefore the saids Lords promised, in her Majestie’s name, to the haill Assemblie, the accomplishment of the saids desyres, of the quhilk they need not in any wayes to doubt; for if they had been surely persuadit in their owin hearts that her Hienes had meant utherwayes nor they had declared, her Grace sauld have found uther Messengers then they to have shawin the same in her Hienes’ name. Quhilk being be them declared, the haill number present first thanked God and her Majestie, that their reassonable desyres were so generallie answerit; and for recognoscing of their owin dutie, desyrit the saids Lordis reciprocallie to promise to her Majestie, in their behalf, all duetifull obedience, love, and submission, quhilk can be lookit for be any Christian Prince of most faithfull, humble, and loving subjects; promiseing therewithall, if any of their number sould happen to forget the duetie of a good Subject, or offendes her Majestie’s Lawes, that they all afaldlie wold concurre to the punition of the offendour, according to the qualitie of that trespass, as they sould be commandit.

Anent the satisfeing of the Complaint of pure Labourers of the ground anent the unmercifull exaction of their Teynds, Johne Maxwell of Terriglis, Knycht, frielie promiseit that quhat time the Superintendent of the West sould resort towart the Pairts quher he hes any Teynds, he sauld choose unto himself sax, seven, or aucht of the most wise and discreit Persones within the saids Bounds quher he has the saids Teynds; and quhatsoever the said Superintendent and honest Persones sould advyse him to doe, alsweill tuiching the Intromissioun as prices of Teynds, he promises to fulfil the same, so that the pure labourers sould feile at his hands ease and support within his Rowmes.

In lyk maner my Lord of Murray was content, and for his teynds within Fyfe, namit the Laird of Lundie, that sall modifie either money or victuall.

Aleso Alexander Bischop of Galloway promised to doe [the lyke] how soone the tack of his teynds comes in his awin hand, and beis run out.

The Erle of Monteith, my Lords of Lindesay and Ochiltrie, my Lord Secretarie, the Superintendent of Fyfe, the Gentlemen in the West, and amang them the Laird of Kars, and the Goodman of Leathem, all of their awin frie will, promised to doe according as the said Maister of Maxwell had promeised.

Tuiching the act of Parliament anent the gleibs and manses, the haill Assemblie requeist Mr James Macgill, Clerk Register, to extract the samein and subscryve it, to the effect it may be produceit before the Lords of the Secret Counsell the morne, or how soone guidlie he may doe the samen, that ordour may be tane thereanent for the ludging of the ministers.

Sess. Fifth, 30th Junii 1564.

Anent the causes of the whole kirk and jurisdiction thereof, the Assemblie appointit thir persons under-written, to wit, the Laird of Dun, Superintendent of Angus and Mernes, Mr Johne Wynrhame, Superintendent of Fyfe, Mr Johne Spottiswood, Superintendent of Lowthiane, and Mr Johne Willock, Superintendent of the West, with the assistance of Mr John Row, George Hay, Robert Pont, Christopher Gudman, Thomas Drummond, Johne Knox, John Craig, Johne Rutherford, George Buchanan, Robert Hamiltoun, Clement Littil, the Lairds of Lundie, Elphingstoun, Carnell, Kers, and Thomas Scott of Abbotishall, and ordained thir foirnamed persones to convene the morne after sermoun, and to reason and conferre anent the saids causis and jurisdictioun pertaining to the Kirk, and to report their opinions again the nixt convention.

Anent the questioun moved, whether a minister anes lawfullie placed at a kirk, may leave his ministrie at the said kirk, and pass to another at his awn pleasure. It was concludit be the haill Assemblie, that he may na wayes leave the congregation, being anes placed, without knowledge of the flocke, his Superintendent, or haill kirk, and that the cause why he wold leave that kirk be considerit be the Superintendent or haill kirk, whether it be lawfull or not.

The haill Assemblie in ane voyce chose James Makartney to be solicitor for the Kirk.

Becaus Mr Alex. Jardin, minister of Inchture, Kilspindie, and Rait, was in the last Assemblie suspendit from all function of office within the kirk, for causes containit in the Second Session of the last Assemblie to this conventioun, quher he sould receive answer, whether he sould returne to his office or not; the haill Kirk, in consideratioun of his marriage and publick satisfactioun of the Kirk quher the offence was committit, ordainit to make humble requeist to my Lord of Murray, to be content that the said Mr Alexander sould be received againe to his ministrie in respect of the premisses; and thereafter, that the Superintendent of Fyfe sould restore him againe to his ministrie as of befor.

Anent the requeist of Mr Patrick Couston, minister of Syres, desyreing the licence to pass to France and other countreyis, for augmenting of his knowledge for a tyme; the haill Assemblie in ane voyce dissentit therefra, and ordainit that he sould not passe out of this countrey, nor yet leave his congregatioun quher he travels without speciale licence of the haill Kirk, if they sall heirafter think it expedient or necessarie.

Forasmeikle as it was complainit be the Commissioner of Murray, upon William Sutherland, parson and exhorter at the Kirk of Moy, that he had not only disobeyit his charge, commanding him to marie the woman with quhom he befor had committit fornicatioun, but also had in despyte of the said Commissioner, ryveing his letters of charge thereto, and had not obeyit his summonds chargeing him to compeir to this General Assemblie; In consideratioun of this despytefull ryveing of the Commissioner’s letters, and also not compeiring to this Assemblie, the Kirk depryves him fra all Ecclesiastical functioun, and also ordaines the censure of the Kirk to proceed aganes him for his contempt.

[EIGHTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirke, gathered and convened at Edinburgh the 25th of December 1564, holden in the Over Tolbooth thereof; In the whilk were the Superintendents, Ministers, with the Commissioners of Shires and particular Kirkes,—the exhortation being made be Mr John Knox, Minister of Edinburgh.

First, for eschewing of confusione, and that everie brother should speak in his own roome with modestie, It wes thought good that ane Moderator should be appointed; and with full consent of all the brethren present was John Erskine of Dunn, Superintendent of Angus and Mearns, appointed to be Moderator for this Assemblie, who accepted it upon him.

Ordained, that no question be proponed be any brother unto the tyme the affaires of the Kirk and order thereof be first treated and ended, and thereafter, if any brother have a question worthy to be proponed, that the samen be proponed in write, and if the samen requyres hasty resolution, it shall be decyded in this present Assembly before the end thereof, otherwayes the decision of the samen shall be referred to every one of the Superintendents within whose bounds the question is proponed, and they and every one of them, with ane certaine number of the Ministers, as they shall think meet to appoynt, for assisting to hear the reasoning of the saids questions, and thereafter their reasons to be put in write, affirmative or negative, whilks every ane of them shall report to the next Assemblie.

The same day, the haill Assembly caused to present to the Lords of Secret Councill the heads and articles following, and required their honors to obtaine answer thereof at the Q. Grace, and to signifie unto them her Majestie’s good pleasure thereintill.

TENOR OF THE ARTICLES.

The haill Assembly requires humbly their Honors to signifie to the Queen’s Majestie, that the transgressors of the proclamations past against the hearers and sayers of Masse, together with the abusers of the Sacraments, are now so common, that it may be greatly feared that judgements shall suddenlie follow, except remeid be provided in tyme.

2. To require payment to Ministers of their stipends for the tyme bypast, according to the promise made, and to let the Assembly know how the Ministers shall be sustained in tyme to come.

3. To require Superintendants to be placed where none are within this realme, viz. in the Merss, Teviotdale, Forrest, Tweddall, and the rest of the Dealls in the South not provided, with Aberdeen and the uther parts in the North, likewise destitute.

4. To require punishment of sic as hes steiked the doors of the paroche kirk, and will not open the same to parochiners that presented themselves to have heard the word of God preached, sic as Pasley, Aberdeen, Corrie, Dopline, and Aberdagy.

5. Humbly to require the Q. Maj. what the Kirk shall look for, touching provision of benefices vaikand and to vaik.

6. To crave ane resolution and declaration of the Manses and Gleibs, whether they be set in feu or not, and be what means the Ministers shall come to the use and possession thereof.

7. The acts touching the reparation of the kirks to be put in execution.

The answer of every ane of the particulars the General Assembly humbly requires.

Session Second, holden December 26, 1564.

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.

Sessio Second, holden Junii 26th, 1565.

The haill Kirk present for the tyme, humblie requyred the nobilitie present to be humble suiters at her hienes for the execution of the Laws and Acts lately made against the violators of the Sabbath day, committers of adulterie and fornication, and desyred every Superintendent for to sute for commissions to judge within their jurisdictiones, givand power to them to execute punishment against the committers of sic crymes, according to the tenor of the saids Laws and Acts, &c.

And in like manner to request her heines to cause thankful payment be made of the Ministers’ stipends throughout this realme, as also to complain to her Majestie that where of before the Kirk of Candwell in L. Carrok was assigned for payment of the Ministers’ stipends in Kyle and Carrick, is now given by her heines to the young Laird of Skeldrume, and in like manner the parochiners of Dalry shew that the lands of the Kirke was assigned to the minister of the parochine, and now was givan to the Laird Provane, and to understand her heines will thereanent.

Ordains for ordering the articles to be sent to the Q. Majestie, John Erskine of Dunne, Superintendent of Angus and Mearns, John Willock, Superintendent of the West, Christopher Goodman, Minister of St Andrews, John Row, Minister of St Johnstone, to conveen after eleven houres, and set them furth and present them to the Assemblie this day afternoone; whilk ordinance the saids persones obeyed, and presented the Articles to the Assemblie.

TENOR OF THE ARTICLES.

Imprimis, That the Papisticall and blasphemous masse, with all Papistrie and idolatrie of Paip’s jurisdictione, be universallie suppressed and abolished throughout the haill realme, not only in the subjects, but also in the Q. Majestie’s awn persone, with punishment against all persones that shall be deprehended to transgresse and offend the same; and that the sincere word of God, and his true religion, now presently receaved, might be established, approven and ratified throughout the whole realme, alswell in the Queen’s Majestie’s owne persone as in the subjects, without any impediment, and that the people be astricted to resort upon the Sunday at least to the prayers and preaching of God’s word, like as they were astricted before to the idolatrous masse; and thir heads to be provided be act of Parliament, with consent of the Estates and ratification of the Queen’s Majestie.

Secondlie, That sure provisione be made for sustentation of Ministers, as well for the tyme present as for the tyme to come, and that such persons as are presently admitted to the ministrie may have their livings assigned unto them in the roomes where they travell, or at leist next adjacent thereto, and that they have na occasione to crave the samen at the hands of any others, and that the benefices now vaikand or that hes vaiked since the moneth of March 1558, or yet hereafter shall happen to vaike, be dispensed to qualified and learned persones, able to preach God’s word, and to discharge the vocatione concerning the ministrie, be tryall and admissione of the Superintendents, and that no Bishopric, Abbacie, Priorie, Deanerie, Provestrie, or any other benefices, havand many Kirks annexed thereto, be disponed altogether in any tyme comeing to any one man. But at the least the Kirks thereof be severallie disponed and to severall persones, so that every man having charge may serve at his awne Kirk according to his vocatione; and to this effect that the gleibs and manses be givene to the Ministers that they may make residence at their kirks, wherethrough they may discharge their consciences conforme to their vocatione, and also that the kirks may be repaired accordinglie, and that ane law be made and established herein be act of Parliament, as said is.

Thirdlie, That none be permitted to have charge of Schooles, Colledges, or Universities, or yet privately or publickly to instruct the youth, but such as shall be tryed be the Superintendents or visitors of the Church, sound and able in doctrine, and admitted be them to their charges.

Fourthlie, For sustentation of the poor, that all lands founded to hospitalitie of old be restored agane to this same use, and that all lands, annualrents, or any other emoluments pertaining any ways to the friers of whatsumever ordour, or annualrents, altarages pertaining to Priests, be applyed to the sustentatione of the poor, and uphald of Schooles in the towns and uthers places where they ly.

Fifthly, That horrible crymes as now abounds in the realme without any correction, to the great contempt of God and his holy word, sic as idolatrie, blaspheming of God’s name, manifest breaking of the Sabbath Day, witchcraft, sorcerie, and inchantment, adulterie, incest, manifest whoredome, maintainance of Brodells, murther, reiffe, slaughter and spulzie, with many uther detestable crymes, may be severely punished, and judges appointed in every province or diocie for the executione thereof, with power to doe the same, and that be act of Parliament.

Last, That same order be devysed and established for the ease of the poor laborers of the ground concerning the unreasonable payment of their teynds, taken over their heads without their advyse and consent.

The same day the Lairds of Carnall, Sornebeg, and Dreghorne, requesting humblie for support of a ministerie for their kirks of Rickartoune and Dundonald in Kyle, promised of their awn free will that they should provide stipends sufficient according as the Kirk would appoint, and that they should not remove from their Kirks for seeking payment of the samen; whilk request of theirs the haill Kirk praised, and promised satisfaction to their godlie desyre.

Sess. 3, Junii 27, 1565.

Anent the question proponed, whether Children may contract Marriage, and Marrie without consent of their Parents, and in speciall, whether the promise made betwixt Robert Patersone and Jonet Little, without the consent of the parents, may stand or not; it is found that the said Robert and Jonet hes not orderly proceeded in the said promise of marriage, in so far as they neither obtained the consent of the parents, nor yet, be the late order, repared to the Kirk of God to lament their cause, and seek the ordinary means thereat, be the word of God appointed: and therefore the Commissioners appointed be the Kirk for decision of Questions, determines that they have not lawfully proceeded in making of the said promise of marriage, and they should of dutie thus have proceeded: First, to require the consent of the parents, whilk being refused, then to make the sute unto the Kirk, to concurre with them in their lawfull proceedings, according to the order observed in God’s word; and for the offence and unlawfull proceeding bypast, to make satisfaction to the Kirk, as they shall be appoynted thereto: and hereupon ane general order to be set forth, as the Generall Assemblie shall think good to be observed, in all particular Kirks in tyme comeing. This was subscryved be the Commissioners underwritten:—Mr John Dowglass, Rector of the Universitie of St Andrews, Christopher Goodman, George Buchanan, John Craig, Minister, John Row, Robert Pont.

Ane uther question, whether ane learned man, having an benefice given in papistie, or lately since the word has been preached in this realme, may leave the parochine where he is persone, destitute of preaching the word, and enter Minister to serve in ane uther place for larger stipend? The foresaid Commissioners concluded as follows: It is thought agreeable to the word of God that no faithfull preacher of God’s word may enjoy any benefice or living pertaining to the Kirk, except he remaine at the said Kirk to discharge his office, for the whilk he receaved the said benefice; and that if he be transported be the Kirk or Superintendant to any uther place whereby he may not discharge his duty in both, That he be depryved of the ane, and it to be bestowed upon ane uther; provyding always, the foresaid persone be sufficiently answered of his stipend.

Ane uther question, whether if any man abusing his Cusings, his father’s brother’s daughter, seven years, and begottin children, and presently maried, marry her, and underly conviction, may marry or not? The degrees are second of Consanguinitie.

Though this be not found contrary to the word of God, yet because it has not been publickly revealed in this realme, and that diverse inconvenients are perceaved to insue of this Liberty, thinks it good that it be referred to the Civil Magistrates, or else to ane Parliament, for order to be taken therein, and that in the meantime, men take not libertie to their senses according to their filthie affections, not the lesse that the persons in whose name this question was proponed be joyned in marriage, after their publick repentance for the offences bygone, without any hope that uthers hold the like license, while farder order be taken be the Civill Magistrate, as said is.

Anent the complaint given in be the Superintendant of Fyfe, touching the wanting of a preacher at the Kirk of Kylmeny, pertains as ane common Kirk to St Salvator’s College in St Andrewes; Mr John Rutherfurd, Provest, and Mr William Ramsay, one of the Ministers, was content that the Superintendants of Angus and Fyfe, Christopher Goodman and Mr George Buchanan, should consider this Complaint, and whatsoever they decyded therein, and ordained to be done therein, they should fulfill the same in sic sort that nae complaint should be heard hereafter.

Ane Complaint was given in be the Parochiners of Tunninghame who payes the Teynds to the New College of St Andrews, and has no preaching nor ministration of Sacraments. Mr John Dowglas, Rector of the Universitie, and Master of the said College, promised to the Kirk to satisfie the Complainers reasonably, that hereafter the Kirk shall not be troubled with farther Complaint.

Sessio 4^ta. Junii 28, 1565.

Anent the Complaint given in be Mr Donald Munro against Mr John Robisone, Thesaurer of Rosse, Minister of Urquhart, and John Watsone, Minister of Awes, That where they both accepted the Ministrie on them, and received their Stipends therefore, and now has left their vocationes; requyred the Kirk to take order herein: The haill Assemblie ordained the saids persones to repair towards their charges in the Ministrie, and enter againe thereto incontinent, after they be charged, under the paine of disobedience of the Kirk, and dischargeing of their allowance and Stipends.

The haill Assemblie, with ane voyce and minde, choose John Knox, Minister of Edinburgh, to receave the answers of the Articles sent from the Assemblie be the Commissioners thereof to the Queen’s Majestie, and to advertise the Superintendants of the same, and also that he advertise the faithful of things necessar that shall happen betwixt this and the next Assemblie. Thanks being given to God be John Willock, Superintendant of the West, and the twenty fyve day of December next to come appointed for the next Assemblie to conveen in Edinburgh, this Assembly was dissolved.

[TENTH GENERAL ASSEMBLY.]

The General Assembly of the Kirk, holden in Edinburgh, in the Ouer Tolbooth thereof, the 25th of December 1565, in the whilk were present the Superintendants, Ministers, Exhorters, and Commissioners of Towns and Kirks. The invocatione of the name of God was made be John Knox, Minister of Edinburgh.

Sessio 1^ma.

First, for eschewing of confusion in reasoning, and that every brother speak in his roome with modestie, as becomes the ministers of God’s word to doe, with the haill consent of the brethren present, was chosen John Eskine of Dunne, Knight, Superintendant of Mearns and Angus, to be Moderator at this tyme, who accepted the office on him.

The Superintendant of Lothian complained upon Mr John Furd, Minister of Dummaine, that where, in the last Generall Assemblie of the Kirk, it was decerned that Robert Patersone and Jonet Little should have satisfied the Kirk of Edinburgh for the offence committed be them in contracting marriage without parents’ consent, yet nevertheless the said Mr John had persuaded them to solemnize the said marriage, ther bands not being proclaimed, and no satisfaction made to the Kirk of Edinburgh, and also had caused Mr Patrick Craig, Minister at Ratho, to solemnize the said band of marriage betwixt the saids persons, in the Kirk of Dummaine, in great contemption of the decreet foresaid, and all good order heretofore observed in the reformed Kirk, desyring the Kirk presently assembled to take order herein, alsweill anent the saids paroches as the saids two ministers. The Kirk ordained to call both the saids parties and ministers to answer to the said complaint betwixt this and the end of the Assembly.

In like manner, Mr John Winrhame complained upon the said Mr John Furde, that be his counsell and persuasion the Ladie Kilconquher and John Weymes had contracted the verba de presenti, &c. notwithstanding that ane woman, called Elizabeth Pott, had claimed the said John Weymes before the Superintendant, whilk clame was not yet justified, and that Mr Andrew Kirkaldie had married the saids persons, after the minister was departed out of the Kirk where they were married. Ordained in like manner to answer to this complaint.

The haill Assembly appointed Mr John Row, minister at St Johnstoun, to put in write, answers to the answers given be the Q. Majestie to the articles presented to her hienes be the Commissioners of the last Assemblie of the Kirk, because her heines answers not fully satisfied the Kirk, as in the samen plainly appeareth, and the said Mr John to present them the morrow, after the preaching, to the Assembly, to advyse therewith, before their presenting to her Grace.

Follows the answers given be the Queen’s Majestie to the articles presented to her Grace be the Commissioners of the Assembly last holden, the 25th of Junii 1565, and also answers and requests to their answers, now conceavened in this Assembly.

The Queen’s Majestie’s Answers.

To the first, desyring the masse to be suppressed and abolished, alsweill in the head as in the members, with ane punishment against the contraveeners, as also the religion now professed to be established be an Act of Parliament; it is answered, first, for the part of her Majestie’s self, that her heiness is no wayes yet persuaded in the said religion, nor yet that any impietie is in the masse; and, therefore, believes that her loving subjects will no wayes preisse her to receave any religion against her own conscience, quhilk should bring her to perpetuall trouble be remorse of conscience, and therewith ane perpetuall unquietness; and, to deall plainly with her subjects, her Majestie neither may nor will leave the religion wherein she has been nourished and upbrought, and believes the samen to be well-grounded, knowing, besydes, the grudge of conscience if she should receive any change in her owne religione, that she should tyne the friendship of the King of France, the ancient allya of this realme, and of other great Princes, her friends and confederats, who would take the same in evil part, and of whom she may lake for great support in all her necessities; and having no consideration that may counterweigh the same, she will be loath to put in hazard the loss of all her friends in ane instant; praying all her loveing subjects, seeing they have had experience of her goodness, that she neither has in tymes past, nor yet means hereafter, to preasse the consciences of any man, but that they may worship God in sic sort as they are persuaded to be best, that they also will not preasse her to offend her own conscience.

As for establishing religion in the body of the realme, they themselves know, as appears well be their Articles, that the same cannot be done be only the consent of her Majestie, but reqyres necessarly the consent of the three Estates of Parliament; and, thereafter, so soon as the Parliament holds, that whilk the three Estates agrees upon among themselves, her Majestie shall grant the same to them, and alwayes make them sure that no man shall be troubled for useing themselves in religion according to their conscience, so that no man shall have cause to doubt that, for religion’s sake, many lyves or heritages shall be in hazard.

To the second article it is answered, that her Majestie thinks it no way reasonable that she should defraud herselfe of so great a part of the patrimony of her crowne, as to put the patronages of benefices furth of her own hands; for her own necessitie in bearing of her great and common charges will require the retention of ane good parte in her own hands. Nottheless, her Majestie is well pleased that consideratione being had of her own necessitie, and what may be sufficient for her, and for the reasonable sustentatione of the ministers, ane speciall assignatione be made to them in places most commodious to them, with the whilk her Majestie shall not intromitt, but suffer the same come to them.

To the third article, her Majestie shall doe therein as shall be agreed be the Estates in Parliament.

To the fourth article, her Majestie’s liberality towards the poor shall be alse far extended as can be reasonably required at her hands.

To the fifth article, her Majestie will referr the taking order with that and alse of the sixth article to the Parliament.

The answers of the Kirk to thir above written follows:—

First, Where her Majestie answers, That she is not persuaded in religion, neither that she understands any impietie in the masse, but that the same is well grounded, that is no small grief to the Christian hearts of her godly subjects; considering that the trumpet of Christ’s Evengell hes been so long blowne in the countrey, and his mercy so plainly offered in the same, that her Majestie remains yet unpersuaded of the truth of this her religione; for our religion is not else but the same religion quhilk Jesus Christ hes in the last days revealed frae the bosome of his Father, whereof he made his Apostles messengers, and quhilk they preached and established among his faithfull, till the ’gaincoming of our Lord Jesus Christ; quhilk differs from the impietie of the Turks, the blasphemy of the Jews, the vaine superstitione of the Papists, in this, that only our religion hes God the Father, his only Sone Jesus Christ, our Lord, his Holy Spirit speaking in his Prophets and Apostles, for authors thereof, and their doctrine and practise for the ground of the same: the quhilk no uther religion upon the face of the earth can justly alleadge or plainly prove; yea, whatsomever assurance the Papists hes for their religion, the same hes the Turks for maintainance of their Alcorane, and the Jews fare greater for defence of their ceremonies, whether it be antiquitie of tyme, consent of people, authorietie of princes, great number or multitude consenting together, or any uther sicklyke cloaks they can pretend; and, therefore, as we are dolorous that her Majestie in this our religione is not persuaded, most reverently we require, in the name of the Eternall God, that her heines would embrace the means whereby she may be persuaded of the truth whilk presently we offer unto her Grace, aleswall be preaching of the Word, whilk is the chief means appointed be God to persuade all his chosen children of his infallible veritie, as be publick disputation against the adversaries of this our religion, deceavers of her Majestie, whensoever it shall be thought expedient to her Grace. And, as to the impietie of the Masse, we dare be bold to affirme that in that idoll there is a great impietie; from the beginning to the ending, it is nothing else but a masse of impietie; the author, or sayers, the action itselfe, or opinion thereof concerned, the hearers and gazers upon it, avows sacrilege, pronounces blasphemie, and committs most abominable idolatrie, as we have ever offered and yet offers ourselfes, most manifestly to prove. And where her Majestie esteems that the change of religion should dissolve the confederacy of allyance that she hes with the King of France and uther princes; assuredlie Christ’s trew religion is the undoubted meane to knitt us surely, perfyte confederacie and friendship with him that is King of kings, and who hes the hearts of all princes in his hands, whilk ought to be more precious to her Majestie nor the confederacie of all princes of the earth, without the whilk neither confederacie, love, nor kindness, can indure.

Concerning her Majestie’s answer to the second article: Whereas, she thinks it nowayes reasonable to defraud her self of the patronage of benefices, whilk her Majestie esteems to be ane part of her patrimonie, and that her Majestie be minded to retain a good part of the benefices in her own hands to support her common charges:

As to the first point, [it is not our meaning,] that her Majestie or any uther patrone within this realme should be defrauded of their just patronages. But we meane, whensoever her Majestie or any uther patrone does present any persone to a benefice, that the persone presented should be tryed and examined be the judgement of learned men of the Kirk, sick as are presently the Superintendants appointed thereto; and as the presentation of benefices pertains to the patrone, so ought the collatione thereof, be law and reasone, appertaine to the Kirk: of the whilk collatione the Kirk should not be defrauded more than the patrones of their presentatione; for utherwayes it shall be leasume to the patrone, absolutely to present whomsoever they please, without tryall or examination: what then can abide in the Kirk of God but ignorance without all order?

As to the second point, concerning the retentione of ane good part of the benefice in her Majestie’s own hands: This poynt abhors so far from good conscience, alsweill of God’s law as frae the publick order of our common lawes, that we are loath to open up the ground of the matter be any long circumstances; and therefore we most reverently wishe that her Majestie would consider the matter with her selfe and her wise counsell, That howsoever the patronages of benefices may appertaine to herself, or the retention thereof in her own hands undisponed to qualified persons, is both ungodly, and alse contrare to all publick order, and brings noe small confusione to the poor soules of the common people, who be these meanes should be instructed of their salvatione. And where her Majestie concludes, in the second answer, that she is content that ane sufficient and reasonable sustentatione of the ministers be provided to them, be assignationes in places most commodious to them, consideration being had of her own necessitie; as we are desirous that her Grace’s necessitie be relieved, so our dewtie craves, that we should notifie to her Grace, the trew order that should be observed to her in this behalfe, whilk is this: The teinds are properly to be reputed to be the patrimonie of the kirk, upon the whilks, before all things, they that travells in the ministrie thereof, and the poor indigent members of Christ’s body, ought to be sustained; the kirks also repaired, and the youth brought up in good letters: whilks things being done, then wher necessitie reasonablie might be supported, according as her Grace and her godly counsell thinks expedient: allwayes we cannot but thank her Majestie most reverently of her liberall offer of assignation to be made to the ministers for their sustentation, whilk not the less is so generally conceaved, that without more speciall condescending upon the particulars thereof, no executione is likelie to follow thereon; and so to conclude with her Majestie at this present, We desyre most earnestly the saids ministers’ articles to be reformed, beseiking God that as they are reasonable and godlie, so her Grace’s heart and the Estates presently conveened may be inclined and persuaded to the performance thereof.

Sess. 2^d, December 25, 1565.

Anent the generall complaint of ministers, exhorters, and readers, for wanting of their stipends, and as touching them that hes put violent hands on ministers for reproveing of vyce, The haill Assemblie ordained ane generall supplicatione to be presented to her Majestie and Councell, and alse required the Lord Lindsay and David Murray, brother to the Laird of Balvaird, to present the same, and to report the answer again to the Assembly; the tenor whereof follows:—

Unto your Majestie and most honorable Councill, humbly means and complains,

We, your Grace’s most obedient subjects, the confessors of Christ Jesus and his holy Evangell within this realme, in name and behalfe of our ministers, exhorters, and readers; That where oft and diverse tymes promise hes been made unto us that our saids brethren, preachers and travellers in the kirk of God, should not be defrauded of their appointed stipends, neither yet should be in any wayes molested in their functions, yet notthelesse universallie they want their stipends appointed for diverse tymes bypast, violent hands are put in the same, for no uther cause, as they alledge, but for reproving of vyce, and nane knaws what assurance he shall have of ane reasonable life in tyme to come: Our maist humble request is therefore unto your Majestie, that our ministers may be payed of their bygone stipend, that sic as have receaved assignationes thereof from the former collectors may have execution of their assignation, that your Grace pleases to appoint them the assignation promised in your Hienes last answers to the petitiones of the kirk, so that we may know by what means our saids ministers shall be sustained in tyme to come; and, finally, how they may live without molestatione of wicked men; and your Grace’s answer we most humbly beseik.

Anent the question, Whether any man might marry his wife’s brother daughter, or his wife’s sister daughter, or what order should be taken in any sic marriages were made; It was voted, and found be the word of God, that nane may marry his wife’s brother daughter, or sister daughter, and if any sic marriages were contracted, to be null, and not to stand.

Persons revolting from the profession of the gospel, be offering their children to be baptized after the papistical manner, or receiving themselves the sacraments of the altar, after admonitione, to be excommunicat if repentance interveen not.

Sessio 3^tia, December 27, 1565.

Anent the complaint given in be the Superintendant of Lowthiane, against Mr Patrick Craicke, minister of Ratho, for marrying of Robert Patersone and Jonat Little, in Dummaine kirk, neither the bands being proclaimed, nor yet satisfactione made to the Kirk of Edinburgh, according to the tenor of the decreet of the last Assemblie:

The said Mr Patrick granted publickly that he had offended, and submitted himself to the correction of the kirk. Therefore, be the haill Assembly, he was ordained to satisfie the will of the Kirk of Edinburgh, upon two severall Sundayes, be his own open confession, when the said Kirk of Edinburgh shall require him, and the third Sunday to satisfie the kirk of Dummainie, where the offence was committed; suspending for this present all farther correction, in hope of his better bearing in tyme to come.

The haill Assembly, with one voyce, statutes and ordaines, That no ministers hereafter receave the parochiners of ane uther parochine to be married, without ane sufficient testimoniall of the minister of the parochine wherefrae they came, that the bands are lawfullie proclaimed, and no impediment found, so that the order that has been taken be the kirk, in sic affaires, be dewlie observed under the paine of deprivation frae his ministrie, tinsell of his stipend, and uther paines, as the Generall Kirk shall hereafter think to be imponed.

Anent the complaint given in be the Superintendant of Fyfe, against John Melvill, minister of Carraill, alleadgeand the said John to proceed to the solemnizatione of marriage betwixt Robert Arnot and Euphame Corstorphine, notwithstanding ane uther woman claimes the said Robert: The haill Kirk Assemblie ordained ane inhibitione to pass against the said John, that he on nowayes solemnize the said marriage until sic tyme as Mr John Douglass, Rector of the Universitie, and Mr James Wilkie, Regent, hear the complaints to be given in be the said Superintendant, and alse be any uther partie havand enteres, and the same be discussed be them; givand power to them to give forth sentence according to God’s word, and use the censures of the kirk against the disobeyers.

Sessio 4^ta, December 28, 1565.

Mr John Furde, Minister of Dummanie, is ordained to satisfy, as is before sett downe in the 3d Session, anent Mr Patrick Craicke, for his offence, specifiet in the Act of the first Session, suspendand the said John from all function of the ministrie, in the meantime, whill the compleating of the said satisfaction, and thereafter to returne to his vocation of ministrie.

It was asked if it be lawfull that ane minister, what title or honor ever he bear, receiving sufficient benefite and provisione off his flock, may leave them, and make his common residence in uther places, sae that his flock is destitute alswell of his doctrine and ministrie, as of uther comforts that the flock should receave of ane faithfull pastor—notwithstanding that worldly reasons may seem to excuse the absence of some? The answer; No minister of the Evangell of Jesus Christ, nor no persone receiving sufficient living for preaching of the Evangell, may, with safe conscience, leave his vocatione, together with his flock, and the place appointed for his ordinarie residence, what patrimonie and oversight that ever he hes, be corruption of tymes, or negligence of rulers, so to doe.

If sic as hes entred in the ministrie, been appointed be the Superintendants, and received of the people, may leave their vocation and follow the world, because they have not sufficient stipend? Answer: Seeing that our Master Christ Jesus pronounces that he is but ane mercenarie, who, seeing the wolf coming, fleeth for his own safeguard, and that the very danger of lyfe cannot be ane excuse for sic as shall fall back from Christ, we nowayes think it lawfull that sic as ance put their hands to the plough shall leave the heavenly vocation and return to the prophane world, for indigence or povertie; lawfully they may leave ane unthankfull people, and seek where Jesus Christ his Evangell may bring forth better fruit; but lawfully they may never change their vocation.

If known murtherers, or convict adulterers, together with sic as committ horrible crymes, may not, upon the notorietie of their fault, be once denounced excommunicat, for declaration that the Kirk abhors sic impietie? Answer: The Kirk may and ought to purge herself of all sic notorious malefactors, provyding the offender be lawfully called and convict, either be their owne confessione or be witnesses. The order to call them for the sclander (for civil things we remitt to the magistrates) we judge to be this: Whensoever sic fearfull crymes are committed, if it be in the countrie, the minister, reader, or exhorter of that place, or if there be none, the minister of the place next adjacent, ought to give notice of the fact to the Superintendant of that diocie, who, without delay, ought to direct his summonds, charging the persons sclandered to compear before him at a certain day and place; or if it be done in towns where order is established, the Session thereof ought to call the accused offenders, who, if they compeir, and either alleadge just defense, or show themselves unfainedly penitent, then must the Superintendant, or Minister and Kirk without the Superintendant, dispense somewhat with the rigour of the punishment, secluding only the offender fra participation of the sacraments till farder tryall of his repentance, and that both their diligence and sentence to be publickly pronounced in the kirks where the offence is known. But if the offender be stubborne, as if he compeir not, or shew himself little touched with his offence, then ought the Superintendant, with advyce of the next reformed Kirk, to decerne him or them to be secluded from participatione of communione with the faithfull members of Jesus Christ, and to be given to Satan for the destruction of the fleshe, whoes slaves (be impietie committed and impenitence showen) they declare themselves to be; and their sentence to be published in all places where the offence is knowne. If the person or persons secluded from the sacrament be negligent in seeking reconciliation with the Kirk, behave themselves insolently or utherwayes then it becomes penitent persones, the Kirk, after admonitione, may proceed to the uttermost; for wanton behaviour, after iniquitie committed, is ane plaine argument of impenitence, and negligence to seek reconciliation declares that contempt lurks in the heart.

If baptisme administrat be ane papist priest, or in the papisticall manner, shall be reiterat? When sic children comes to years of understanding, they should be instructed in the doctrine of salvatione, the corruption of the papistrie might be declared unto them, whilk they most publickly damne, before they be admitted to the Lord’s table; whilks if they doe, there needs not the externall signe to be reiterat; for no papist ministers baptisme without water and some forme of words, whilks are the principalls of the externall signe; we ourselves were baptized be papists, whose corruptions and abuses now we damne, cleaveing only to the simple ordinance of Jesus Christ, and to the veritie of the Holy Spirit, whilk makes baptisme to work in us be proper effects thereof, without any declaration of the externall signe. If sic children come never to the knowledge of trew doctrine, they are to be left to the judgement of God.

What order ought to be used against sic as oppress children? As concerning punishment, the civill magistrate ought therein to decerne. As touching the sclander, the offenders ought to be secluded from participation of the sacraments whill they have satisfied the Kirk, as they shall be commanded.

What punishment shall be used against them that ly in fornication under promise of marriage, whilk they deferr to solemnizat, and to satisfie be publick repentance for the sclander given? Answer: Alsewell the man as the woman should be publickly [admonished] in the place of repentance; Likewise satisfie on ane Sunday before that they be married.

[ELEVENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, holden in Edinburgh, within the Councill-house thereof, the 25th day of Junii 1566: In the whilk were present Earles, Lords, Barrons of the Privie Councill, viz. Earle Huntly, Chancellour, and Earle of Argyle, Alexander of Galloway, Adam of Orkney, ane of the Session, John Commendator of Lindores, James Balfour of Pittendeth, Knight, with the Superintendants, Ministers, and Commissioners for towns, particular kirks: The Invocatione of the name of God be Mr John Craig, minister of Edinburgh.

Sessio 1^ma.

First, for eschewing of confusione in reasoning, and to the effect that every brother speak with such modestie and measure as becometh the ministers of God’s word to doe, with consent of the haill Assembly, John Erskine of Dunn, Knight, Superintendant of Angus and Merns, was continued Moderator, who was content for the present to use the samen office.

Ordaines that some of the brethren, in name of the haill Kirk, make supplication to the Lords of Secret Councill and Session of Justice, that no excommunicat person have proces before their honors, unto the tyme they be reconciled to the Kirk, chiefly when excommunication is notour and objected againes.

Anent the supplication presented to this Assembly be Robert Commendator of Haly-rude-house, showing in effect, how it was not unknowne to their wisdomes, That he had diverse godly learned men of his owne place of Halyrudehouse, sic as Alexander Forrester and Peter Blackwood, who are men of good conversation and literature, were admitted and receaved be the Kirk to the ministrie, and how he had diverse kirks pertaining to the Abbacie, as the kirks of Tranent and St Cuthbert’s, and alleadged that most decent and convenient it were, that his said kirks should be served be the servants of the said Abbay: Herefore, requested most earnestly that the Kirk presently assembled should transport Mr Thomas Cranstoune and William Harlaw, now ministers of his said kirks, and place them at some uther kirks, as should be thought good be the haill Assembly to appoint them, and to place his saids servants at his saids kirks as ministers, there to be served be them in tyme comeing; as in the said request at length was contained.

The Kirk haveing ryply considered the said supplication and advysed thereupon, caused call before them some of the elders of the said parochines, and diligently inquired if they had any fault to lay against their ministers, or if they would be content they should be transported from them? Answer was given, that they had no cryme nor fault to lay against their ministers, but was better content with them then they would be with any uther that would be presented to them; and attour, on no wayes would be content that any of them should be transported from them: Therefore, the Kirk presently assembled on no wayes condescended to the transportation of them, for the reasons foresaid; But brotherly requested the said Lord Commendator to provide for some godly ministers for uthers of his kirks whilks are destitute of preaching of the true word of God, the speciall food of their souls, which they doubt not but his Lordship will doe, for discharge of his own conscience.

Sess. 2^a. Junii 26, 1566.

The haill Assembly, in respect of the perills and dangers wherewith the Kirk of God is assaulted, and that be mighty enemies, considered a generall fast to be published throughout this realme in all kirks reformed.

Anent the supplication given in be Paull Methven, makand a long rehearsall of his miserable estate, the supplication presented in his name to the Generall Assembly holden in Edinburgh in December 1564, of the estate of the answers thereto frome the said Assembly, of his long and tedious journey out of England to Scotland, and impediments that chanced him in the way; finally requests for ane of thir two, That is, either to suspend excommunication of the Kirk for ane tyme, and receave him in the fellowship of the same as ane poor sheep, upon ane condition, wherever he chances to be, upon half ane year’s warning, he shall be bound to returne againe at command of the Kirk, and obey sic injunctions as they would command him to doe; or if the Kirk pleased not this petition, then to committ his answer to such as the Kirk should appoint, who’s judgement and determination (as his body might bear) he promised be God’s grace to obey; Finally, all counsell that have followed heretofore, and himself most humbly, he submitted to the judgement of the present Assembly; as in the said supplication at length was contained: Last of all, it was ordained that he present himself personally before the Assembly; and being entered, prostrate himself before the haill brethren with weeping and howling, and commanded to ryse, might not expresse farther his request, being, as appeared, so farr troubled with anguish of heart, was desyred to be of good comfort, and to depart to his lodgeing whill order were taken anent his request. And forsuameikle as in the said Assembly holden in Edinburgh in December 1564, it was concluded to receave him to repentance, now rested to conclude upon the manner thereof that he should doe when and where; and for that purpose was appointed the Superintendant of Fyfe, Mr John Dowglass, rector of St Andrews, David Forrest, Mr Hugh Hay, minister of Ruthven, Mr John Craig, minister of Edinburgh, John Row of St Johnstone, William Christisone of Dundie, and Adam Herriot of Aberdeene, ministers, that they, seven or sex of them, should conveene the morrow, at seven houres before noone, and take order in the premises; and whatsomever they doe hereanent, to signifie the same to the Superintendant of Lowthiane and Session of the Kirk of Edinburgh, deliver the said ordinance to the Scribe of the Generall Assembly, that he may insert the same among uther acts of Generall Assembly for ane remembrance to the posteritie.

QUESTIONS AND THEIR ANSWERS.

First, It is asked, If any may contract marriage with ane woman once married, and her husband departing from her to other countries, and being absent nine or ten years together, the woman, having no testimoniall of his death or not?

Answer: That the woman desyreing to marrie ought to seek, or cause seek, whether her first husband be dead or not, and to report ane sufficient testimoniall of his death or ever she may joyne herself to ane uther husband.

Whether that any persone seek ane donation or confirmation of benefices at the Paip’s Kirks, may be appointed to minister in the Kirk of God?

Answer: That sic a persone ought not to be admitted to the ministrie as the question is conceaved.

The Commissioners appointed be the Generall Assembly for ordering of Paull Methwen his repentance, In consideration of the said Paul’s lamentable supplication to the kirk, humble submission of himselfe to the same, and his absence out of this realme the space of two yeares or more, Ordaines the minister of Edinburgh, that he, upon ane Sonday after sermone, notifie unto the people the said Paull his supplicatione, and how the Generall Assembly hes ordained to receive him to repentance, with the conditions underwritten; and therefore to admonishe all faithfull brethren that they, within the nixt eight dayes, notifie the said minister of Edinburgh, if any of them hes any knowledge, or are fully informed of the said Paull his conversation and behaviour since his departure furth of this realme, whilk might imped his receaving to repentance, whilk shall be on this manner, viz. The said Paull, upon the said two preaching dayes, betwixt the Sondayes, shall come to the kirk doore of Edinburgh, when the second bell ringeth, clad in sackcloth, bareheaded and barefooted, and there remaine whill he be brought into the sermone, and planted in the publick spectacle above the people, in tyme of every sermone during the said two dayes; and on the next Sonday thereafter, shall compear in like manner, and in the end of the sermone, shall declare signes of his inward repentance to the people, humbly requireing that kirk’s forgiveness: quhilk done, he shall be clad in his own apparell, and received in the societie of the kirk, as ane lyvely member thereof, and this same order to be observed in Dundie and Jedburgh, allwayes secluding him from any function of the ministrie in the kirk, and also from participation of the table of the Lord, unto the 25th of December next to come, when the Generall Assemblie of the Kirk conveens, into the whilk they ordain the said Paull to resort, bringand with him sufficient testimoniall from authentick persons, of these places where he in the meanetyme shall chance to remaine, reportand his conversatione and behaviour; at the whilk tyme the kirk shall take further order what shall be done anent him.

[TWELFTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, holden in Edinburgh, in the Nether Councill-House thereof, upon the 25th day of December 1566: In the whilk were conveened the Superintendants, Ministers, and Commissioners of Shyres, Towns, and Kirks: The invocatione of God’s name made be Mr John Craig, Minister of Edinburgh.

In the first, for order to be observed in reasoning, and that every brother speak to his purpose, with sic measure as it becomes the ministers of God’s word to doe, John Eskine of Dunn, Superintendant of Angus and Mernes, was continued Moderator, whereof he was content.

Sess. 2^a. December 26, 1566.

Anent the Assignation of the pensione of money and victualls offered be the Queen’s Majestie, and her most honourable Councill, for the sustentation of ministers within this realme, the haill brethren present, required the ministers being in the Sessione, to pass furth of the Assembly, and with mature deliberation to consult and advyse, whether they think good to accept the same for reliefe of the present necessitie or not.

After long reasoning and mutual conference anent the said Assignation, returning againe in, the Assembly thought it good, for support of the ministers’ necessitie, to accept the said offer of money and victuall, if they might be gotten hastilie; nottheless, in consideratione of the law of God, Ordaines the persones who heares the doctrine of salvatione at the mouthes of his ministers, and thereby receaves speciall food to the nowrishment of their soules, to communicat temporall sustentation on their preachers: Their answer is, That having just title to crave the bodilie food at the hands of the saids persons, and finding no uthers bound unto them, they only require at their own flock, that they will sustain them according to their bounden dutie, and what it shall please them to give for their sustentation, if it were but bread and water, neither will they refuse it, nor desist from the vocatione. But to take from others contrare their will, whom they serve not, they judge it not their dewtie, nor yet reasonable; alwayes they most heartily thank the Lords that bestowed their labours and paines in purchasing the foresaid assignatione, most heartily requesting their honours to persevere, whill they bring it to some perfectione. Nevertheless, the haill Assemblie solemnly protested that the acceptance of the foresaid assignatione for the relief as said is, prejudges not the libertie of the kirk to sute for that thing that justly pertaineth to the patrimonie of the same, in tyme and place convenient, in any tyme hereafter.

The same day were proponed thir questions underwritten, and answers thereto as follows:—Whether if the teyndes properly pertaines to the kirk, and should only be applyed to the ministers, sustentatione of the poor, maintainyng of schools, repairing of kirks, and uthers godly uses, at the discretion of the kirk?

Answered affirmative, without contradiction.

Secondly, If the teynds pertains to the Kirk, and ought and should be imployed to sic godly uses as said is, Whether, if the ministers, who are the mouth of the Kirk, may, with safe conscience, keep silence, seeing the patrimonie of the Kirk maist injustly taken up and wasted in vain things, be sic persons as bears no office in the Kirk of God; and, in the meantyme, the ministers ceisand for necessitie, the poor perishing for hunger, the schools decayand, and kirks falland to the ground?

Answered: They ought not to keep silence, but earnestly to admonische every man of his deutie, and desyre all men to suit for that whilk justly pertaines to the sustaining of the things forsaid.

Thirdly, Whether, if the Kirk may justly require of all possessors the teynds to be paid to the Kirk only, and inhibite all uthers to intromitt therewith; and, in case of disobedience, what order shall be used be the Kirk against them?

Answered: After dew admonitione used, and no obedience found, rouse the censures of the Kirk.

Sess. 3^a. December 27, 1566.

Anent Mr Knox’s request to passe to the realme of England to visit his children, and do his other lawfull business; The haill Assembly granted gladly licence, with letters testimonialls of his honest conversation and godly doctrine within this Kingdome, with provision, as is contained in saids letters, the tennor whereof follows:—

The Superintendants, Ministers, and Commissioners of Kirks within this realme of Scotland, presently assembled, to whais knawledge thir presents shall come, wisheth grace, mercy, and peace, from God the Father, and from our Lord Jesus Christ.

Witt your universities, That our loving brother, John Knox, bearer of thir presents, hes been and is, ane trew and faithfull minister of the Evangell of Christ Jesus, within this realme of Scotland, continually thir eight yeares bygone, or thereabout; in doctrine pure, and sincere in life and conversation, to our sights inculpable; and hes so fruitfully used that talent granted to him be the Eternall, to the advancement of the glory of his godly name, to the propagation of the kingdome of Jesus Christ, and edifying of them that heard his teaching, that, of dewtie, we most heartilie praise his godly Majestie for that so great ane benefite granted unto him for our utilitie and profit; and because he, for the naturall love and affection whilk he bears to his children, now being within the realme of England, and favour to uthers his brethren and allya there, gentlie requested us to grant him licence for ane season to repaire toward the said realme of England for the causes abovementioned; We, after mutual conference in full Assembly, thought this petition just and reasonable; and, therefore, all in ane voyce, grants licence to our said brether, according to the Q. Majestie’s conduct, to pass to the said realme, what tyme he shall think most commodious for his journey; provideing alwayes, that he returne to this realme of Scotland before the 25th of the moneth of June next ensuing, to continue in his former vocatione, and no utherwayes; and this we make it knowne to all and sundrie whom it effeirs be thir our letters testimonialls, given at Edinburgh in our Generall Assembly, and third Session thereof. Subscribed be the Clerk of the same the 27th of December.

Attour, ordained ane Letter to be direct to the Bishops of England, that they would be content gently to handle the brethren preachers, touching the habits, supercloathes, and uthers abulziements, whilks appearantly tends more to superstitione nor edificatione; and requests Mr Knox to put the heads in write whilks he thinks necessare to be written to the saids Bishops; the tenor whereof follows:—

The Superintendants, Ministers, and Commissioners of Kirks within this Realme of Scotland, To their Brethren, the Bishops and Pastors of Ingland, who hes renounced the Romane Antichrist, and does professe with them the Lord Jesus in sincerity, desyres the perpetual increase of the Holy Spirit.

By word and write, it hes come to our knowledge, Reverend Pastors, that diverse of our dearest brethren, amongst whom are some of the best learned within that realme, are depryved from ecclesiasticall sunshine and forbidden to preach, and so by you are stayed to promove the Kingdome of Christ, because their conscience will not suffer them to take upon them, at commandment of the authoritie, sick garments as idolaters in tyme of blindnesse have used in their idolatrie, whilk bruit cannot be bot most dolorous to our hearts, mindfull of that sentence of the Apostle, saying, If ye byte and devowre one another, take heid lest ye be consumed one of another. We purpose not at this present, to enter into the ground whilk we hear of aither partie, to be agitate with greater vehemencie then well lyketh us, To witt, whether sic apparell is to be counted amongst things simple and indifferent or not. But, in the bowells of Christ Jesus, we crave that Christian charity may so prevaill in you; in you, we say, the Pasters and leaders of the flock in that realme, that ye doe not to uthers that quhilk ye would not have uthers doe to you. Ye cannot be ignorant how tender a thing the conscience of man is. All that have knowledge are not alyke persuaded, yet conscience reclaims not at the wearing of sic garments, but many thousands, both godly and learned, are utherwayes persuaded, whose consciences are continually stricken with thir sentences—What has Christ to do with Belial? What fellowshid is betwixt light and darkness? If surcloaths, cornet, cape, and tippet, hes been badges of idolators in the very act of their idolatrie, what hes the preacher of Christian libertie and the open rebuke of all superstitione to doe with the dreggs of that Romish beast? Yea, what is he that ought not to feare either to take in his hand or forehead the print and mark of that odious beast? Our brethren that of conscience refuses that unprofitable apparell does rather now molest you that use sick vain trifles: if ye shall doe the like to them, we doubt not but therein ye shall please God, and comfort the hearts of many whilks are wounded with the extreamitie that is used against these godly and our well-beloved brethren. Collour of Rhetoric or manly persuasion will we use none, but charitablie we desyre you to call that sentence of Peter to minde; Feed the flock of God whilk is commited to your charge, caring for it, not be restraint but willingly, not as though ye were lords over God’s heritage, but that ye may be ensamples to the flock. And, farder, alse we desire you to meditate on that sentence of the Apostle, saying, Give nane offence, neither to the Jews, nor to the Grecians, nor to the Kirk of God. In what condition of tyme ye and we both travell in the promoving of Christ’s Kingdome, we suppose you not to be ignorant; and therefore we are more bold to exhort you to walk more circumspectly then that for sick vanities the godly should be troubled; ffor all things that may seeme lawful edifie not. Give the commandment of the authoritie urge the conscience of you and our brethren farther than they can bear, we unfainedly crave of you that ye remember ye are called the light of the world, and the salt of the earth. All civil authoritie hes not the light of God alwayes shyning before their eyes in their statutes and commandments; but their affections savour over meikle of the earth and of worldly wisdome, and, therefore, wee think you should boldly oppone yourselves to all that power that will or dare extoll itselfe not only against God, but also against all sic as dare burden the conscience of the faithfull farder then God hes burdened them be his own word. But herein we may confesse our offence in that we have entered farther in reasoning than we proposed and promised at the beginning; and, therefore, we shortly returne to our former humble supplication, whilk is, that our brethren, who amongst you refuse the Romish raggs, may finde of you the Prelats sic favour as our Head and Master commands every one of his members to show to one another, whilk we look to receave of your gentleness, not only for that ye feare to offend God’s majestie in troubling your brethren for sic vain trifles, but also because ye will not refuse the humble request of us, your brethren and fellow-preachers, in whom, albeit there appear not great worldly pomp; yet we suppose that ye will not so farr despyse us, but that ye will esteem us to be of the number of them that fight against that Roman Antichrist, and travell that the Kingdome of Christ may be universally advanced. The dayes are evill, iniquitie abounds, Christian charitie is waxin cold, and, therefore, we ought more diligently to watch, for the hour is uncertaine when the Lord Jesus shall appear, before whom ye, your brethren, and we, must give ane account of our administratione. And this, in conclusione, again we once crave favor to our brethren, whilk granted, ye in the Lord shall command us in things of double more importance. The Lord Jesus rule your hearts in true feare unto the end, and give unto you and us victorie over that conjured enemie of all true religione, to witt, over that Roman Antichrist, whose wounded head Satin preases by all means to cure again. But to destruction shall he and his maintainers goe, by the power of our Lord Jesus; to whose mighty protectione we heartily committ you. From Edinburgh, out of our Generall Assembly, and third Sessione thereof, the 27th of December 1566.

Your Loving Brethren and fellow-preachers
in Christ Jesus.

Ordains ane humble supplication to be made to the Lords of Secret Councill anent the Commissione of Jurisdictione supponed granted to the Bishop of St Andrews, to the effect that their honors stay the same, in respect that these causes for the most part judged be his usurped authority, pertaines to the trew Kirk; and howbeit, for hope of other things, the Kirk oversaw the Queen’s Majestie’s Commissione given therintill to sic men who for the most part were our brethren, yet can the Kirk no wayes be content that the Bishop of St Andrews, ane common enemy to Christ, to use that Jurisdictione, and alse in respect of that colloured Commissione, he might againe usurp his old usurped authority, and the samen might be the meane to oppresse the whole Kirk be his usurped judgement.

The tenor of the supplication follows:—

The Generall Assembly of the Kirk of Scotland, conveened at Edinburgh the 25th of December 1566, To the Nobilitie of this Realme that professe the Lord Jesus with them, and hes renunced that Roman Antichrist, desyre constancie in faith, and the spirit of righteous judgement.

Seeing that Satan, be all our negligences, (Right Honourable,) hes so far prevailed within this realme of late dayes, that we stand in extream danger not only to losse our temporall possessions, bot also be depryved of the glorious Evangell of Christ Jesus, and so we and our posteritie to be left in damnable darkness, we could no longer contain ourselves nor keep silence, lest in so doing we might be accused as guiltie of the blood of sic as shall perishe for lack of admonishment, as the Prophet threatens. We, therefore, in the fear of our God, and with grief and anguish of heart, complains unto your honors, yea, we must complaine unto God and to all his obedient creatures, That that conjurit enemie of Jesus Christ, and cruell murtherer of our dear brethren, most falsly styled Archbishop of St Andrews, is reponed and restored be signator to his former tyrannie: ffor not only are his ancient jurisdictions (as they are termed) of the haill bishopric of St Andrews granted unto him, but also the execution of judgement, confirmatione of testaments, and donatione of benefices, as more ample in his signator is exprest. If this be not to cure the head of that venemous beast whilk ance within this realme, be the potent hand of God, was so banished and broken downe that be tyranny it could not hurt the faithfull, judge ye. His antient jurisdictione was, that he with certaine his colleagues collateralls, might have damnit of heresie, upon probatione as pleased him, and then to take all that were suspect of heresie heretofore. Ye cannot be ignorant judges whether they remaine in their former malice or not: their states and travells openly declares. The danger may be feared, say ye; but what remedie? It is easie and at hand, Right Honourable, if ye will not betray the cause of God and leave your brethren, whilk never will be more subject to that usurped tyrannie then they will unto the Diuell himselfe. Our Queen belyke is not well informed. She ought not, nor justly may not, breake the lawes of this realme; and so consequently she may not raise up against us, without our consent, that Roman Antichrist againe: ffor in ane lawfull and free Parliament as ever was in the realme before, was that odious beast depryved of all jurisdictione, office, and authority within this realme. Her Majestie, at her first arryvall, and be diverse her proclamations sinsyne, hes expressly forbidden all uther forme and fact of religione then that whilk she fand publickly established at her arryvall: Therefore she may not bring us the greatest part of the subjects of this realme back againe to bondage, till that alse lawfull and alse free ane Parliament as justly damned that Antichrist and his usurped authority have given decision betwixt us and him heirof, and of uther things that no less concerns yourselfes then us, ye plainly and boldly admonishe our Soveraigne, and without tumult only crave justice. The tyrants dare no more be seen in lawful judgement, nor dare the howlats in the day light. Weigh this matter as it is, and ye shall finde it more weighty then to many it appears. Farther, at this present we complain not, but humbly craves of your honors ane reasonable answer, what ye will doe in case that sic tyrants, devowering wolves be given to invade the flock of Jesus Christ within this realme, under what title that ever it be; ffor this we boldly confess, that we will never acknowledge uther pastors to our saules, nor yet judges to our cause; and if that for denyall thereof, we either suffer in body or goods, we doubt not but we have not only ane Judge to punishe them that unjustly trouble us, but also ane Advocat and strong Champion in heaven, to recompense them who for his name sake suffer persecutione, whose Holy Spirit so rule your hearts in his trew fear unto the end. Your Lordships’ answer yet again we crave. Given in the Generall Assembly, and third Session thereof, at Edinburgh, December 27, 1566.

QUESTIONS AND THEIR ANSWERS.

Ane certain married man past to the warrs of Denmark about four years since. His wife has joyned her self to ane uther man within this two years in whoredome; now they desire to be married, because they have the attestation of two unsuspect witnesses who spake with Captain Clerk, that her husband was slaine in the Castle of Baronebar in December, upon Pasche day bygane ane year: Quæritur, Whether the parties may be joyned in lawfull marriage or not?

Ordaines the names of the persons to be given up to the Session of the kirk where they dwell, to be accused criminalie for their offences given in tyme of her husband’s lyfe, or before the knawledge of his death, she ioyned her bodie to the uther man, that they both may be punished accordingly.

Ane man forewarned that he might not marry his father’s sister, past in contempt of the kirk, and was married in the Chappel Royal, December 1566. Quæritur, What order shall be taken therewith?

Ordaines to dilate the parties to the Justice Clerk and the Kirk, and to declare their names, that they may be punished.

And further, because diverse persons, alswell women as men, who are separate for adulterie, the partie offendand joynes himself in marriage againe, contrare the law of God, wherethrough great sclander and inconveniences follows; Ordains the Superintendant to admonishe all ministers within their jurisdictiones, that nane joyne any partie separate for adulterie in marriage, under the paine of removeing from the ministrie.

Sessio 4^ta, December 28, 1566.

Anent Bishops, Abbots, Priors, and uthers persons beneficed being of the kirk, who receaves teynds, and waites not upon the flock committed to their cure, neither presents themselves to the Generall Assemblie: Ordains all Superintendants to warn all Bishops, Abbots, &c. that receaves teynds within their iurisdictiones, and where no Superintendants are, that the Superintendant nearest send his letter to the minister next adjacent, to summond the forsaids persons to compear at the next Generall Assembly, to give their assistance and counsell to the said Assembly, in sic things as appertaine to the Christian religion and preaching of the true word; and ffarther, to know the ordinance of the kirk to be made thereanent.

[THIRTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveened at Edinburgh, in the Nether Tolbooth thereof, the 25th of Junii 1567: In the whilk were present, the Earles, Lords, Barrons, Superintendants, Ministers, and Commissioners of Towns. The invocation of God’s name was made be Mr John Craig, Minister of Edinburgh.

Sessio 1^ma, Junii 25, 1567.

For eschewing of confusion in reasoning, the whole Assembly present named Mr George Buchanan, Principal of St Leonard’s Colledge, in St Andrew’s Colledge, Moderator dureing this Convention, who accepted the charge hac vice. The Kirk appointed the Lairds of Dun and Bargany to pass to the Lords of Secret Council, and to require their Lordships to conveen and concurr with the kirk presently assembled for hearing of sic articles as shall be thought good for establishing of God’s word, the trew religion, and supporting of the ministers within the realm.

Sessio 2^da, Junii 26, 1567.

Forswameikle as it is thought good be all the brethren presently conveened, That ane Assembly Generall be appointed againe to conveene the 26th day of July nixt to come, in this towne of Edinburgh, for setting forward of sic things as shall at that tyme be proponed; and for that purpose, Ordaines to write Missives to all and sundrie earles, lords, barrons, and uthers brethren, requeisting them to conveen the said day; and to that effect, appointed all commissioners to present the said missives, and require, according to their commissions.

Tenor of the Letters Missive sent to the said Earles, Lords, Barrons, and Commendators of Abbays, follows:—

My Lord, (or Worshipfull Sir,) after our most hearty commendationes of service in the Lord Jesus: Having now of lang tyme travelled both in publick and private with all the estates, craving of your honors in speciall, that the course of the evangell of salvation, now ance of the liberall mercy of God restored to this realme, might continue to all your comfort and your posterities; and that for the maintainance and furtherance thereof, and perfyte policie and full liberty, might be granted to this reformed kirk within Scotland; the ministrie, the poor and failzied provided for sufficiently, as God, good policy, and civill lawes, ordaines and requires, and that all superstition, idolatrie, and the monuments thereof, might be utterly removed and banished out of the realme, whilk God of his infinite mercy hes so lovingly called from darkness to light. This matter, indeed, was lyked of all men, but sic impediments gave the enemie of the kirk, in his members, to stay the good work of God, that moyen could there nane be had; but be contrare, at every light occasione the ministrie frustrate of all life and sustenatione, the lamed and impotent members of Christ lying in the strait of dying, perishing for hunger and cold—yea, and the haill flock of Christ Jesus within this realme continuallie threatened with the execution of that most cruell decreet of the late Councill of Trent, wherin was determined and decreeted to make ane sacrifice of the haill professors within all Europe, be the tyrannie of that Romane Antichrist. We are not ignorant how far the samen was attempted be way of deed within the realme of France, how farr now in Flanders and the parts near adjacent thereto, and also what practising to that effect hes been continually thir three years bypast, and even now, of late dayes within our own bowells, be our common conspired enemies, alsweill within as without this realme; how they went to their enterprize, if God had not of his meere mercy prevented, beyond all our knowledge and expectation, their cruell and crafty practises: Upon the whilk consideration, the Assembly, at this present Conventione of the Kirk, accustomed at the course of tyme occurrand, hes found it needfull and expedient to repare the decay and ruine of the kirk so vertuouslie begune amongst us, be ane universall concurrence and consent of the haill professors of Christ Jesus within this realme, and be the same meanes to evite the foresaid danger hingand over our heads, proceeding from the craft of our implacable enemies, alswell within as without the same; and to that effect hes ordained ane Generall Assembly of the haill professors of all estates and degrees, within the Kirk of Scotland, to be holden within the town of Edinburgh, upon the 20th day of the next moneth of July, whereby ane perpetuall order may be taken for the liberty of the Kirk of God, sustentation of the ministers, and failzied members thereof, and that ane sure union and conjunctione may be had for the liberty of God’s Kirk, whereby we may be able to withstand the rage of violence of our foresaid enemies: And because it has pleased the goodness of God so to move your lordship’s heart, that ye are become ane notable instrument and minister of his kirk, as our hope is, so shall our prayer be, that ye may continue increasing from vertue to vertue, unto life everlasting. We thought it our duty, in name of our haill brethren here conveened, to notify to your lordship the foresaid appointment of the said Assembly, and in the name of the Eternall, our God, to recommend to your care and solicitude the building of this ruinous house of God within this realme; requireing also, in His name, that ye will give your personall presence, labours, and concurrences to that effect, as in the foresaid Assembly to be holden the said day; that the haill body may be comforted be the presence and good advyce of so notor ane member thereof: And because we doubt nothing but your lordship shall be present, showing so long experience of your good part in all tymes past, we cease to trouble you with longer letter, referring the rest to be declared be our brethren the commissioners of the kirk, who, to this effect, are direct to your lordship and uthers our brethren in these parts; and we, for our part, with earnest prayer before God, shall pray to augment in you his love and fear, and bless your lordship, to the comfort of his kirk. Amen. From Edinburgh, the 26th of Junii 1567.

Be your lordship to command, with service in Christ Jesus, in name and at command of the rest of our brethren here assembled. Sic subscribitur, John Erskine of Dun, Mr John Spotswood, John Dowglass, John Knox, John Row, and John Craig.

The names of the persons to whom this Letter was directed are, the Earles Huntlie, Argyll, Cassills, Rothes, Crawford, Menteith, and Glencairne; Lords Boyd, Drummond, Hereis, Cathcart, Zester; Master of Grahame, Fleming, Livingstone, Forbes, Saltone, Glames, Ogilbie; Master of Sinclare, Grey, Oliphant, Methven, Innermaith; Master of Flowrievaill; Barrons Lochinvar, Garles, Shreff of Aire, Glenurchart, Sir James Hamiltone, Bonytoune; Commendators, Arbroth, Kilwinning, Dumfermling, St Colmes, Newbottle, Halyrudehouse. The Superintendants and quarters of countries were ordained to direct this letter to the forsaids persones severallie.

Tenor of the Commissiones given to every ane of the forsaids Commissioners within every one of their bounds respective, followes:—

Forsuameikle as Satane, this lang tyme, in his members, has so raged and perturbed the good success and proceedings of Christ’s religione within this realme be craftie meanes, and subtill conspiracies, that the same from tyme to tyme doeth decay, in hazard altogether to be subverted, unless God of his mercy finds hastie remeid; and that chiefly through the extreme povertie of the ministers who should preach the word of life to the people, who therethrough are compelled some to leave the vocatione alluterly, and some uther so abstracted be careful povertie that they may not insist so diligently in the exercise of the word as they would doe: And therefore the Kirk, presently conveened at Edinburgh in this Generall Assembly, hes thought it most necessare be thir presents to request and admonishe most brotherly, all sic persons as truely professe the Lord Jesus within this realme, of what estate or degree that ever they be, alswell the nobility, barons, and gentlemen, as all uthers trew professors, to conveen in Edinburgh the 20th day of July next in their personal presens, there to assist with the Councill and power for order to be taken, alswell towards the establishing of Christ’s religione universallie throughout this realme, and abolishing of the contrarie, whilk is Papistrie, as the sustentatione of ministers, not only for the present tyme and instant necessitie, but also for ane perfect order to be taken in all tyme comeing, toward the haill libertie of the patrimonie of the Kirk, and the dew restoring of the same to the just possessors thereof according to the word of God: With certification to all and sundrie, of what estate or degree whatsoever they be, that compears not, due advertisement being made to them, that they shall be repute hereafter as hinderers of this most godly purposs, and as dissimulate brethren, unworthie to be esteemed hereafter of Christ’s flocke; seeing God of his mercy at this present hes offered some better occasion nor in tyme bygone, and hes begune to tread downe Satan under foot, and for the due requisitione and admonitione, in name of the Eternall God, to the effect forsaid, of all and sundrie the brethren, alswell in burgh as to land, The Kirk presently conveened in this Generall Assembly be thir presents gives their full power and commission to their lovites (N. and N.) for the bounds of (N.) In verification hereof, thir presents are subscribed be the common clerk of the Kirk in the Generall Assembly, and second Session thereof, holden at Edinburgh the 26th of Junii 1567.

Sess. 3^a. Junii 27, 1567.

QUESTIONES AND THEIR ANSWERS.

Ane man being accused of notorious fornication, promised faithfully to the minister for the tyme to abstaine in all tyme comeing from all society with that woman, and in case he chance to have any dealings with her hereafter he should marry her—thereafter he meddled with the same woman: Quæritur, whether this man may be compelled to keep the forsaid promise or not?

The Kirk ordaines all sic promises to be of none effect, and that none be compelled to marry upon sic promises; and ordaines this offender to be punished for his offence.

Whether if it be lawfull to marry her whom he before in his wife’s tyme had polluted with adulterie, his wife now being dead?

The Kirk will not grant this thing to be lawfull that God’s law damns; neither yet admitt any sic marriage for causes contained in the law.

Ane man being divorced for adulterie—Quæritur, whether he may marry again or not?

The Kirk will not resolve herein shortly, but presently inhibits all ministers to meddle with sic marriages, whill full decision of the question.

Sessio 4^ta, Junii 28, 1567.

Anent ane complaint given in be the brethren of the kirk of Machlin, That where they had, be the just law of God, pronounced the sentence of excommunication against John Spottswood of Foulde, sometyme ane Elder of the said kirk, for the horrible cryme of adultrie committed be him; Nottheless, Sir William Hamiltone of Sanquhair, Knight, now ane Elder of the said kirk, plainly maintaineth the said John in his house, notwithstanding the said John is excommunicat, to the greate sclander and offence of God his law: And albeit the said Sir William hes been diverse tymes admonished to withdraw his familiar company frae the said Johne, yet not abstract the same, to the offence of many; requireing the Kirk presently assembled to take order herein, according to the wisdome of the brethren present, that farder sclander ryse not therethrough.

The Kirk ordaines ane letter to be sent to the said Sir William, requireing him to remove the said John Spottswood out of his company, and the same to be subscribed be the Clerk of the Assembly; the tenor whereof follows:—

Right Worshipfull, &c.—Forsuameikle as we are informed be the minister and ane part of the elders of the kirk of Machlein, that ane called John Spottswood, sometyme an elder of the said kirk, for the adulterie committed be him in the tyme he was an elder, and the same beand sufficiently proven, hes been, and is publickly excommunicat; Nottheless ye now, being ane elder of the said kirk, contrare to your charge and vocation, maintaines and keeps in your company the said John, notwithstanding diverse admonitions made to you to put him therefrae, to the great contempt of God’s ordinance, and sclander of the Kirk of Jesus Christ, whilk we looked not for at your hands, being placed in so honourable ane rowme within this kirk: Therefore, this is most heartily to require you, in the name of the Eternall God, and as ye look to reigne with [his] Son Jesus Christ for ever, to remove from you all manner of sclander, and be not partaker of uther men’s sins, but remove from your societie that wicked persone, who being abhored be the faithfull, may be God’s grace repent his impietie, and returne to that company of the ffaithful, from the whilk be his hainous offence he hes so horribly fallen; in the whilk doing ye shall not only please God, but also have praise of us your brethren; utherwise we may not with safe conscience suffer sic maintaining of wickedness, but must oppose ourselves thereunto, and use the censures of the kirk, alsweell against the maintainer as the committer of manifest crymes: And this, wishing unto you the spirit of righteous judgement, committ you to the protection of the Omnipotent.—From Edinburgh, out of our Generall Assembly, and fourth Session thereof, the 28th of Junii 1567.

The haill kirk thought good that ane publick ffast should be proclaimed in the toune of Edinburgh only, to begin on Sunday the 13th of July nixt, and on Sunday the 20th of the same; and so was the Assembly dissolved, and appointed the 20th day of July nixt to come to Edinburgh.

[FOURTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk of Scotland, conveened at Edinburgh, the 21st day of July 1567; In the whilk were assembled Earles, Lords, Barrons, whose names are written after the Articles be them subscribed, with the Superintendents, Ministers, and Commissioners of Townes. Thanks was given to God be Mr John Craig, Minister of Edinburgh.

Sess. 2^a, Julii 22, 1567.

Tenor of the Letter of Excusatione of the Earle of Argyle, of his absence from this Assembly, followeth:—

After our most hearty commendatione: We have receaved your writings. Understandand be the same your earnest travells and godly zeale in erecting of this our kirk within Scotland; according to our dewties and your Assembly to this effect, wherunto ye have desyred us, yet somethings having admiratione that ye should have assigned your Assembly, whereunto ye desyre the principall members of the haill kirk, without their owne advyce and consent. Having concurred with them of before alsweell anent the places of Assembly as in matters to be treated in the same, be reasone the brethren else assembled in Edinburgh are in armes, and as we understand, the rest that is to come there comes in the lyke manner, whilk is far by the use and customed manner we have seen before; and as it is not unknown unto you what varietie is presentlie in this realme, yet not doubting your intents and myndes to be only direct as ye have afore showen: Nottheless, because our brethren else assembled in Edinburgh are in armes, accompanied by men of weir, we not being participant with their proceeding, neither yet hes adjoyned ourselves thereintill, cannot at this tyme be present at the tyme appointed, according to your desyres; yet assuring you, likeas in tyme past we not only have bestowed our goods in the maintainance of God’s cause, but also has hazard our life and our friends, in the same state we mynde to continew; and since the impediment to our conveening, albeit willing to all godly proceedings, is for the causes after specified. In the mean tyme, we will earnestly request you that no novations nor alterations be made or attempted whill our meeting, whilk we trust in God shall be shortly, so that none of our brethren nor we in absence have occasion to mislyke any of your proceedings; because sic grave matters requires ane common consent alswell in their approveing as that they may the better be born with: for your awn wisdomes we doubt not will consider the factiones of our adversaries, that they will never allow our doings, and therefore it is more than necessar there be no diversitie of mindes amongst ourselves; yea, we will finde all matters frame the better if we be all present when they are concluded: So, not willing to impasche you with long letters, hes committed farther of our minde to this bearer your servitor, to whom please give credite; and so committs you to God. The 18th of Julii 1567.

Your assured in the Lord,
Ar. Argyle.

The tenor of the Commendators of Arbroath, Kilwinning, and my Lord Boyd’s excusations, agreeing in all poynts, follows:—

After most hearty commendationes in the Lord Jesus: We have received your writting, dated at Edinburgh, the 26th of Junii, schawand in effect, albeit God in his goodness hes sent the light of the Evangell of salvation within this realme, to the great comfort and prosperitie of all the faithfull within the samen, and their posterities; yet, nevertheless, Satane, with his ministers, at every light occasion hath frustrate, in tymes past, the ministrie of their life and sustentation, the lame and impotent members of Christ alsweel frustrate of their livings, dieing in the street for hunger and cold, and the haill flock of Christ Jesus within this realme continually threatened to be made sacrifice of be the practice of the enemies, as your writtings containes at length: ffor meeting of the whilk, and provyding remead thereto, ye desyre us to be in Edinburgh the 20th of this instant at the Assembly of the Kirk, whereby ane perpetuall order may be taken for the libertie of the Kirk of God, the sustentation of the ministrie, and the failzied members thereof, so that the haill members of the Kirk might be sure union and conjunction, be more able to gainstand the violence of the foresaids enemies.

For answer: It is not unknown unto you how the nobilitie of this realme is divided be reason of the Q. Majestie holden where she is, and that the towne of Edinburgh, where ye desyre us to conveen, is keeped straitly be ane part of the nobilitie and men of warr of their retinue, to whose opinion we are not adjoined as yet; and, therefore, we cannot think ourselves sure to conveen the said day and place ye desyre us to keep; and also thinks marvell the haill multitude of Protestants within this realme should have been desyred to have conveened in sic ane place; the matter standand as it does. Nevertheless, we favour our party shall be willing to sett forward at all tymes the light of Christ’s Evangell to be clearly preached, and the ministers thereof to be sustained, and the furthering of the policie concerning the Kirk in all sorts, so far as it may stand be ane law. Likeas, we have been in all tymes bypast, since it pleased God to open our eyes and shew the light of his blessed word; and thus will cumber you with no longer Letter, but prayes God to have you in his eternall protectione. At Hamiltoune, the 19th of Julii 1567.

Your loving friend at power in all godliness,
Arbroth.

Aberdeen Excusatione.

Right Honorable and weel-beloved brethren, after our hearty commendationes in the Lord Jesus Christ: This present is to advertise you that we have received your Letter; and, at the requisitione of our minister and Provest, haveing commissione thereto, hes sighted, seen, and considered your writting and Act of the Generall Assembly, in the whilk is contained the great labours taken be Satane and his members making impediment to the proceedings of the Evangell and furthsetting of the glory of God, sustentation of the ministrie, the poor and needy, and the contraire now to be provided be the Assembly Generall of the Christian Kirk of this realme now to be conveined, the 20th of July instant, craving of us our concurrence to the effect forsaid, together with our personal presence. It shall please your Wisdomes; understand, and most assuredly believe us professors of the Evangell of the Kirk, within the Burgh of Aberdeen, to be of ane minde, and, be the grace of God, to continue to the maintenance of the furthsetting of the Glory of God, teaching of the true Evangell and sustentation of the ministers, with help unto the poore, and unto the tyme your Wisdomes, with the nobilitie, find ane order universall for the ministrie, we shall, for our own part, God willing, sustaine our minister, so that of reason he shall have no cause to plaint, and to the poore after our power doe semblablie, as uther burroughs shall take order; and, as to our personall presence to conveen at this tyme, hes given and sent our minister, Adam Herriot, to concurr and assist in our name to the effect forsaid, and to declare unto your Wisdomes the impediment of our personall presence at this tyme; praying your Wisdomes, notwithstanding our absence, to credite us faithfullie to abide at your decree to be sett out be you and the Assembly, to the effect foresaid, and to maintain the samen with our bodies and goods as tyme shall reqyre. And, farther, having no occasione at this present to wryte, committs you to the protectione of the Highest. Written at Aberdeene, the 12th of this instant, and subscribed with our Provest’s hand, at our command, at Aberdeene, be them that are your assured,

Thomas Menzies.

Sess. 3d, Julii 23, 1567.

Certain brethren were appointed to conveen to sie and advyse upon the Assignatione of the Stipends of the Ministrie lately assigned be the Queen’s Majestie, the good payment, who fand in effect as follows:—

We have seen the assignationes within the shreffdomes of Kincardine, Forfar, Perth, and Fyfe, and finds that all the haill contained therein, at least for the most part, hes been thankfully payed, and that the collector hes given his charges for payment thereof duly, and rests nothing but to put them to the horne, that there be letters direct, and commission given in the said letters, with consent of the thesaurer, to collect and uptake the haill fruits of the benefices of so many as past to the horne for the 1566 year, and sicklyke for the 1567 year instant, so long as they remane, and to make compt of the thrid to the ministrie, and so meikle of the two part as they intromett with to the thesawrer as escheat; and as to the victuall within the forsaids shyres, we finde that long before any letters raised upon this assignation, and before the baptisme of the prince, they were sold to the comptroller, and therefore he must be charged in his compts to rander sa meike of the prices heirof againe to the ministers, as is contained in his assignation. Touching the thirds of the ministers’ assignation beyond Die, except Orkney, findes be the collector that the 1566 yeares cropt is not used to be payed whill Lambes in the 1567 year after; and for execution given to him within bounds shall pass with the possible diligence, and charge that haill bounds according to the letters, of the whilks he supposes good payment, as hes been of before, except the bishoprick of Caithness, whilk the collector alleadges the bishop payes to his ministers of his own kirk, conforme to the book and compts made of before. Item, Deare, Dunnett, and Pilorthe, are given free to the Earle Marschell, and the friars of Aberdeen, to Captain Lauder; but it is understood that all the gifts are revoked, and therefore the collector is to charge them. Item, The victuall within the same bounds are sold ut supra, and therefore the comptroller in his compts shall render conforme to the first article. Item, Besouth Forthe nothing gotten in; but the collector alleadges that Duncan Livingstoune hes taken up 11 sh. of xxxvij lb. 11 sh. ijd., as he hes granted be the particular receipt, and therefore he must be charged to delyver the same to the said collector. Item, Of the thrids contained within his collectorie, that it is alleadged discharged of the Abbay of Cambuskenneth, to 323 lb. 6 sh. 8d. 3 chalders beir, and 3 chalders meall. The thrids of Drybrugh, 304 lb. and 62 part boll qwhyte, 8 chalders, 2 bolls, two part boll beir, 7 chalders, 10 bolls, two part boll meill.

The thirds of Melros, Haddingtoune, and Northberrwick, the third of Kelso and Coldinghame; as to Dumfries, Annandale, and Kirkcudbright, and Wigtoune, the Bishope of Gallaway hes deput certain collectors for satisfactione of the ministers within the samen.

Item, Within Kyle, Carrick, and Cunninghame, executiones past, and believes to have payment at the nixt ganging in the countrie. Item, Corsraguel is given frie, and the minister of Fairfurd is evill payd that the act be reised, made be the Queen’s Grace and Secret Councill, dischargeing the gifts and tacks of all the thirds, and that nane be given hereafter, without advyse of the Secret Counsell, to the effect the collector may charge, notwithstanding any sic gifts. Remember that ilk collector execute within his bounds, that letters be direct, with consent of the thesaurer, according to the first article.

The Noblemen, Barrones, and uthers undersubscryvand in this present Assembly of the Kirk of God, hes condescended and agreed to the articles following, at Edinburgh, Julii 20, 1567:—

In the first: Forswameikle as there was ane Parliament holden in this realme, before the Queen’s Majestie’s arrivall in the same, be the estates conveened for the tyme, authorized with her Heines own power and commissione; in the whilk Parliament it was concluded, that the religione of Jesus Christ be universallie receaved within this realme, should be universally established and approved within the same, and all Papistrie, with the Papists usurped jurisdictione, all Idolatrie, and especially the blasphemous Masse, be abolished and put away; as the acts made thereupon proports: Quhilk acts, together with the Queen’s Majestie’s power to hold the same Parliament, the Noblemen, Barrons, and uthers undersubscrivand, wills to be extract and putt in full executione as ane publick law, and that the transgressors thereof be punished according to the same throughout the haill realme, without exceptione: Whilk Parliament in all things concerning the Religion, they shall defend and maintaine at their uttermost, in the first Parliament whilk shall be holden at all uther tymes and occasiones convenient: Item, That the act allready made towards the thirds of the benefices within this realme, principally for sustaining of the ministrie, may be dewly put to executione, according to the order of the Book of the appointment of ministers’ stipends, allsweel of them that are to be appointed, as for them already placed; and that the ministers be first duely answered and sufficiently sustained of the same, to the relief of their present necessitie, ay and whill ane perfect order may be taken and established toward the full distributione of the patrimonie of the kirk, according to God’s word; and that also the ordinance made be the Queen’s Majestie and her Councill towards the small benefices, now extending to the soume of three hundred merks, be dewly put to executione, alsweell toward the benefices whilks hes vaiked since the date of the said ordinance, as concerning them that shall happen hereafter to vake, and sicklike the act made towards the anuales, abies and altarages of burrowes.

Item, How soon ane lawful Parliament may be had, or that the occasione may utherwayes justly serve, the nobles, barrones, and uthers of the Kirk undersubscryvand, shall labour and prease at their uttermost, that the faithfull Kirk of Jesus Christ profest within this realme, shall be put in full liberty of the patrimony of the Kirk, according to the Booke of God and the order and practise of the primitive Kirk, and that nothing shall passe in Parliament unto the tyme the matters of the Kirk forsaid be first considered, approved, and established; and in the meantyme the professors undersubscryvand consents and offers to reforme themselves according to the Book of God, whilk they shall put in practise, and the refusers to be secluded from the bosome of the Kirk.

And, moreover, in the said next Parliament, or utherwayes at the first occasione, order shall be taken for ease of the poor labourers of the ground, toward the payment of their teyndes in reasonable manner, and how the samen shall not be sett over their heads, without their advyse and consent.

Item, That nane be permitted nor admitted to have charge over schoolls, colledges, or universities, or yet openly or privately to instruct the youth, but sic as hes been tryed be the Superintendants and visitors of the kirks, shall be found sound and able in doctrine, and admitted be them to their charges.

Item, That all crymes and offences committed against God’s law may be severally punished according to the word of God, and where laws are presently appointed for the punishment, and judges also deput to that effect, that the executione may be made thereupon as effeirs: And where neither laws nor judges are appointed for sic crymes as are to be punished be the law of God, that in the first Parliament the same judges may be appointed, lawes established, as God commands in his word.

Item, That since the horrible murther of the Queen’s Majestie’s husband is so odious not only before God, but also to the haill world, with continuall infamie and shame to this realme, if the same murther shall not be punished accordingly: Therefore the noblemen, barrones, and uthers undersubscryvand shall, with all their forces, strength, and power, concurr and assist to take plaine part together, to further and maintaine the punishment of the said murther on all and whatsumever persones that shall be found guiltie of the same; seeing the plague of God shall not depart from the countrey or towne where innocent blood is shed, before the same shall be cleansed be shedding of the blood of the offenders.

Seeing it hes pleased God of his mercy, to give ane native Prince to this countrey, appearand to be our Sovereigne, to the end he be not cruelly and shamefully murthered, as the King his father was, the nobilitie, barrones, and uthers undersubscryvand, shall assist, maintaine, and defend the Prince against all that would doe him injurie.

Item, That all kings, princes, and magistrates, whilk hereafter in any tyme to come shall happen to reigne and bear rule over this realme, their first intres before they be crowned and inaugurat, shall make their faithfull league and promise to the trew Kirk of God that they shall maintaine and defend, and be all lawfull meanes sett forward the trew religion of Jesus Christ, presently professed and established within this realme, even as they are obliedged and actricted in the law of God, alswell in Deuteronomie as in the second chapter of the Book of the Kings, as they crave obedience of their subjects; so the band and contract to be mutual and reciprocall in all tymes comeing, betuixt the Prince and God, and also betuixt the Prince and his faithfull people, according to the word of God.

Item, That the Prince whom God hes given us, alsewell for his surety as good educatione, shall be committed to wyse, ancient, godly, and learned men of the realme, to be brought up within the same, in the feare of God, and vertew, whereby he may so profite in his youth, that when he shall come to his yeares of maturitie he may be able to discharge himself sufficiently of that honor and place where he shall be called, and prove that good king whilks, with all their hearts, they wish him to be.

Item, The nobility, barrones, and utheris of the Kirk undersubscryvand, in the presence of God, hes faithfully promised to conveene themselves together with their power and forces, and here begine to root out, destroy, and allutterly subvert, all monuments of idolatrie, and mainely the odious and blasphemous Masse; and therefore to goe forward throughout this haill realme, to all and sundrie places, whatsomever idolatrie hes fostered, haunted, or maintained, and chiefly where masse is said, to execute the reformatione forsaid, without exception of place or persones; and shall to the uttermost of their power, remove all idolatrie and uthers that are not admitted to the ministrie any manner of way, of the Kirk, from all functione thereof, alswell private as publick, that they hinder not the ministrie any manner of way in their vocatione; and in place of the premises, sett up and establish the true religion of Jesus Christ throughout this haill realme, be planting of Superintendants, ministers, and uthers needfull members of the Kirk, seeing the host of the Lord shall pass through the haill countrey to this effect; and also shall proceed to the punishment of idolaters according to the law thereupon pronounced: And sicklyke, shall punishe and cause be punished, all uthers vices that presently abounds within this realme, whilk God’s law and the civill law of this realme commands to be punished, and chiefly the murther of the King lately committed; and in lyke manner promises faithfully to reforme schooles, colledges, and universities throughout the whole realme, and expell and remove the idolaters that hes charges thereof and uthers who hes not as yet joyned themselves to the trew Kirk of Christ, and plant faithfull ministers and instructors in their roomes, to the effect the youth be not infected be poysonable doctrine at the beginning, whilk afterwards cannot be well removed away.

Follows the subscriptiones of the Earles, Lords, Barrones, and uthers Commissioners present for the tyme:—

Mortowne. Glencairne. Marr. Home. William Lord Ruthven. Sanquhair. Patrick Lord Lindsay. Grahame Lord Innermaith. Ochiltrie. Sir James Balfour. James M‘Gill. Tullibardine, Comptroller. William Maitland. John Erskine. John Wischart. Glenbervie. John Cunninghame of Drumquhassell. William Kirkcaldie. John Cathcart of Carltoune. William Moncreiff. Drumlanrick. Bargavy. Andrew Wood of Largo. Andrew Stewart. Robert Fairlie of Braid. Archibald Wood. George Barclay of Mathirs. George Torry of Kelwood. George Home of Spott. Mr William Lundie. Gilbert Kennedy of Dalquhorne. James Melville of Reath. Qwhittinghame. Rassyth. Barrow. Pittencreiff. Andrew Ker in Fawdensyde. Thomas Scott of Harine. Henrie Grahame. John Fullertone of Dreghorne. Alexander Guthrie of that Ilk. William of Craigings. William Durhame of Grange. Thomas Dischingtowne. Thomas Scott of Thirlstane. George Straitoune of that Ilk. Alexander Chrichtoun of Carko. Mr John Wood. Alexander Ogstowne of Fethercairne. Patrick Kynninmounth. Robert Lindsay, Thesaurer. John Culless. William Menzies. John Melvill. William Edmonstoune of Drumleith. Robert Murray. John Shaw. John Stewart of Mynto. Gilbert Ogilbie of that Ilk. James Chalmers of Gaitgirthe. Commissioners of Townes—For Edinburgh, Alexander Clark, Bealie, Mr Clement Little, Mr John Prestowne, Mr Richard Strang: For Air, Paull Reid, Richard Bannatyne, Gilbert M‘Millane: For Irving, Alexander Cunninghame, Alexander Commendator of Culross: For Glasgow, Mr David Weymes, James Boyd, William Howburne, Alexander Forrester: For Jedburgh, Chirnside, Kynnochie Mackenzie, Robert Monro of Souls.

The Convention of Brethren, holden in Edinburgh the 15th of December 1567, before the Generall Assembly of the haill Kirk, to begine the 25th of the forsaid moneth.

First were nominat and chosen for every province, brethren to reason and conferr upon sic things as appearandlie sould be necessary for setting fordward the affaires of the Kirk, without prejudice of the Generall Assembly and actiones thereof, December 27, 1567.

Anent the crymes of incest and adulterie, and punishment to be taken thereanent in the nixt Generall Assembly, the brethren presently conveinit thinks it necessar that every minister, with the elders and deacons, shall search out within their bounds, at their sessions, the forsaids crymes if they be notore, thereafter to signifie the samen to the Superintendant of the diocie at his Synodall Conventione, and he thereafter to notifie the same to the supreame magistrate, requiring to ministere justice and punishe sic hainous offences according to the law of God, as he will answer to the Supreame Judge at the day when no respect of persons shall be had; and where no Superintendants are yet placed, that the ministers, elders, and deacons, declare the saids crymes to the Generall Assembly, to the effect forsaid.

[FIFTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveened in Edinburgh, in the Nether Tobooth thereof, the 25th of December 1567: In the whilk were present Earles, Lords, Barrones, Superintendants, Ministers, and Commissioners of Townes and Kirks. The invocatione of God’s name was made be Mr John Craige, ane of the ministers of Edinburgh.

For eschewing of confusione in reasoning in this present Assemblie, was chosen Mr John Row, minister of St Johnstone, to be moderator.

Sess. 2^a. December 26, 1567.

The haill Kirk assembled thought it meet that certain brethren be appointed to concurr at all tymes with six persones of Parliament, or Secret Councill, as my Lord Regent’s Grace hes nominat for sic affaires as pertaines to the Kirk and jurisdiction thereof, and also to discusse of questiones that may occurr in the meanetyme, whais names followes:—Mrs John Knox, John Craige, ministers of Edinburgh; the Superintendants of Angus and Louthiane, David Borthwick, Thomas M‘Calzeane, Mr David Lindesay, minister of Leith, George Hay of Ruthven, and John Row.

Sess. 3^a. December 28, 1567.

Ordaines that Superintendants and Commissioners appointed shall plant ministers vaikand in sic rowmes where the parishioners will gladly sustaine them on their owne expenses, whill other order be had; and that they remove nane out of their rowme, being found qualified, without the advyce and consent both of the ministrie, and kirk-worthie of the place.

Sess. 4^a. December 30, 1567.

Anent the accusatione laid to my Lord Argyll’s charge, touching the separation betwixt him and his wife; declared that he was not the occasione thereof. As to other offences whatsoever, wherthrough he hes been anywayes sclanderous to the Kirk, he was content to subject himself to the discipline of the Kirk at all tymes maist willinglie; and, therefore, the Kirk ordained the Superintendant of Argyle to take tryall of the saids sclanders committed be the said Earle, and thereafter to cause sic satisfaction be made, as God’s Law appoints, and to report the order thereof to the next Generall Assemblie of the Kirk, together with his own diligence in executione of his office of Superintendancie.

Anent the marriage of the Queen with the Earle Bothwell, be Adam, called Bishop of Orkney; the haill Kirk finds that he transgressed the act of the Kirk in marrying the divorced adulterer; and, therefore, deprives him of all functione of the ministrie, conforme to the tenor of the act made thereupon, ay and whill the Kirk be satisfied of the sclander committit be him.

The same day Mr John Craige was bruitit for proclaiming the bands betwixt the Queen and the Earle Bothwell; who answered be word, justifying his proceedings thereanent, and was ordained to give in his purgation in write, to the effect his good mynd and proceedings may be knowne to all and sundrie that hereafter would be satisfied thereanent.

TENOR OF THE FORESAID PURGATIONE.

To the end that all that feares God may understand my proceedings in this matter, I shall shortly declare what I did, and what moved me to defend the samen, leaving the finall judgement of all things to the Kirk. First, be the request of Mr Thomas Hepburne, in the Queen’s name, to proclame her with Lord Bothwell, I plainly refused, because he had not her hand wreit; and also the common bruit that my Lord had both ravished her and keeped her in captivitie. Upon Wednesday last the Justice Clerk brought me ane writing subscryved with her hand, bearing in effect that she was neither ravished nor yet retained in captivitie, and, therefore, charged me to proclaime. My answer was, I durst proclaime no bands, and chiefly such without consent and command of the Church. Upon Thursday next, the Kirk, after long reasoning with the Justice Clerk, and amongst the brethren, at length concluded that the Queen’s mynde should be published to her subjects thrie nixt preaching dayes: But, because the Generall Assembly had inhibited all sic marriages, we protested we would neither solemnize, naither yet approve that marriage, but would only declare the Prince’s mynde, leaveing all doubts and dangers to the counsellors, approvers, and allowers of that marriage: And so, upon Fryday thereafter, I declared the haill minde and progress of the Kirk, desyreing every man, in God’s name, to discharge his conscience before the Secret Councill; and to give boldness to uthers, I desyred of the Lords there present in tyme and place, to speak my judgement before the parties, protesting, if I were not heard and satisfied, I either wald desist from proclameing, or else declare my minde publickly before the Kirk. Therefore, being admittit, afternoone, before my Lord in Councill, I laid to his charge the law of adulterie, the ordinance of the Kirk, the law of ravishing, the suspicion of collusioune betwixt him and his wife, the sudden divorcement and proclaiming within the space of four dayes, and last the suspicioune of the King’s death, whilk his marriage will confirme. But he answered nothing to my satisfactione: Wherefore, after many exhortationes, I protested that I could not but declare my minde openly to the Kirk. Therefore, upon Sonday, after I had declared what they had done, and how they would proceed whether we would or not, I tooke Heaven and earth to witness that I abhorred and detested that marriage, because it was odious and sclanderous to the world; and seeing the best part of the realme did approve it, either be flatterie or else be their silence, I desyred the faithfull to pray earnestly that God would turne it to the comfort of this realme, that thing whilk they intended againes reasone and good conscience. I, because I heard some persones gangand againes me, used thir reasones for my defences: First, I had broken no law be proclaiming of thir persones at their request: Secondly, If their marriage was sclanderous and hurtfull, I did well for warning all men of it in tyme: Thirdly, As I had of dewtie declareit to them the Prince’s will, so did I faithfully tell them be word and example what God craveit of them. But upon Tuesday last I was calleit before the Councill, and accuseit that I had passed the bounds of my commissioune calling the Prince’s marriage odious and sclanderous before the world. I answered, the bounds of my jurisdictione, whilk was the word of God, guid lawes, and naturall reasone, was able to prove whatsoever I spake; yea, that their owne conscience could not but beare witness that sic a marriage would be odious and sclanderous to all that should hear of it, give all the circumstances thereof were rightly considered: But whill I was comeing to my probatione, my Lord put me to silence, and sent me away; and so upon Wedensday I first repeatit and ratified all things before spoken; and after, exhorted the brethren not to accuse me give that marriage proceeded, but rather themselves, who would not, for feare, oppone themselves, but rather sharpeit their tongues against me, because I admonished them of their deutie, and suffered not the kankert consciences of hypocrites to sleep at rest; protesting at all tymes to them, that it was not my proclaiming, but rather their silence, that give any lawfullness to that marriage: ffor as the proclaiming did take all excuses from them, so my private and publick impugnatione did safe my conscience sufficiently; and this farr I proceeded in this marriage, as the Kirk of Edinburgh, lords, earles, and barrones that heard me, beare me witnes. Now, seeing I have been shamefully sclandered, both in Scotland be wrang informatione, and als report of them that hated my ministrie, I desyre first the judgement of the Kirk, and next the same to be published, that all men may understand whether I be worthie sick ane bruit or not.

Sess. 5^a. December ultimo 1567.

Anent the complaint give in against my Lady Argyle, declaring how sche once being at the table of the Lord Jesus, and professing his Evangell, had revolted therefrae, in giving her assistance and presence to the baptizing of the King in ane papisticall manner. The said lady being present, grantit that she had offended to the eternall God, and been ane sclander to the Kirk in committing the premises; and therefore willingly submitted herself to the discipline of the Kirk and discretioune of them. Therefore, the Kirk ordaines the said lady to make publick repentance in the Chapell-Royall of Stirling, upon ane Sonday in tyme of preaching; and this to be done at sick tyme as the Kirk hereafter shall appoint to the Superintendant of Lowthiane, provyding alwayes it be before the next Assembly.

APPENDIX

OF DOCUMENTS ILLUSTRATIVE OF THE PROCEEDINGS OF THE FIRST FIFTEEN GENERAL ASSEMBLIES.

The period of time referred to in this First Part of the Booke of the Kirk, extending from the year 1560 to the end of 1567, embraces the earliest era of its existence as a National Church, recognized in the first instance, and ultimately established by the law of the State; and it has been deemed expedient, in this special portion of the present publication, to annex the various acts of Privy Council and Parliament, applicable to that period, as an Appendix to the actings of the first fifteen General Assemblies of the Church, many of which bear reference to these enactments of the civil authorities. These civil and ecclesiastical proceedings throw mutual light on each other, and, conjoined, they afford the most satisfactory view of its progress from the time that it was first sanctioned, until it was finally settled and endowed as the Established Church of Scotland. During the period referred to, it can only be viewed as a tolerated Christian society, but partially countenanced by the State, and struggling to obtain a permanent place among the settled institutions of the land. Thenceforward it is to be regarded as one of the integral elements of the constitution, blended and united with the monarchy and the supreme authority of the State in the Legislature. And hence arises the propriety of thus conjoining the civil and ecclesiastical proceedings during this, the first epoch of its history as the Kirk of Scotland.

ACTS OF PARLIAMENT.

I.

1560, Aug. 17.—The Confessioun of Faith professed, ratifiet, and approveit in Parliament.[7]

II.

1560, Aug. 24.—Concerning the Jurisdictioun and Authoritie of the Bischope of Rome, called the Paip.

The thre Estaitis, then being present, vnderstanding that the jurisdictioune ande autoritie of the Bischope of Rome, callit the Paip, vsit within this realme in times bipast, hes bene verray hurtfull and preiudiciall to our Soueranis autoritie and commone weill of this realme: Thairfoir hes statute ande ordanit that the Bischope of Rome haif na jurisdictioun nor autoritie within this realme in tymes cuming. And that nane of oure saidis Soueranis subiects of this realme sute or desire in ony tyme heireftir title or rycht be the said Bischope of Rome, or his sait to ony thing within this realme, vnder the panis of Barratrye—that is to say, proscriptioune, banischement, and neuir to bruke honour, office nor dignitie within this realme. And the controvenaris heirof to be callit befoir the Justice or his Deputis, or before the Lordis of Sessioun, and pvnist thairfoir, conforme to the lawis of this realme. And the furnissaris of thame with fynance of money and purchessaris of thair title of rycht, or manteanaris or defendaris of thame, sall incur the same panis. Ande that na Bischop nor vther Prelat of this realme vse ony jurisdictioun in tymes to cum be the said Bischop of Romeis autoritie vnder the pane foirsaide.[8]

III.

1560, August 24.—Anent the Abolition of Idolatrie, and all Actis contrair to the Confession of Faith publist in this Parliament.

Forsameikile as thair hes bene diuers and sindrie actis of Parliament maide in King James the first, secunde, thirde, ferde, and fyftis tymes, Kingis of Scotlande for the tyme, ande als in our Souerane Ladeis tyme, not aggreing with Goddis holie worde. And be thame diuers personis tuke occasioune of mantenance of idolatrie and superstitioune in the kirk of Gode, ande repressing of sic personis as were professouris of the said worde, quhairthrow diuers innocentis dide suffir; for eschewing of sic in time cuming, the thre Estaites of Parliament hes annullit ande declarit all sik actis maide in tymes bipast, not aggreing with Goddis worde, ande now contrair to the Confessioune of oure Fayth, according to the saide worde publist in this Parliament, to be of nane avale, force, nor effecte. And decernis the saidis actis and euery ane of thame to haue na effecte nor strenth in tyme to cum, bot the samyn to be abolishit and extincte for euir, insafer as ony of the saidis actis ar repugnant ande contrarie to the Confessioune and word of Gode foirsaidis, ratifiit ande apprevit be the saidis Estaitis in this present Parliament.[9]

IV.

1560, Aug. 24.—Anent the Abolitioun of the Messe.

Forasmeikle as Almichtie God, be his maist trew and blessit Word, hes declarit the reuerence and honor quhilk suld be gevin to him, and be his Sone Jesus Christ, hes declarit the trew vse of the sacraments, willing the same to be vsit according to his will and Word; Be the whilk it is notoure and perfitelie knawin that the sacramentis of baptisme, and of the body and blude of Jesus Chryst, hes bene in all tymes bipast corruptit be the papistical kirk and be their ministeris. And presentlie, notwithstanding the reformatioun already maid according to Goddis Word, ʒit, nottheless, thair is sum of the same papis kirk that stubbornlie perseueris in thair wickit idolatrie, sayand mess and baptizand, conforme to the papis kirk, prophanand thairthrow the sacramentis foirsaid in quiet and secreit places; regardand thairthrow nather God nor his holie Word. Thairfoir, it is statute and ordanit in this present Parliament, that na maner of persone or personis, in ony tymes cuming, administrat ony of the sacramentis foirsaids secreitlie, or in any vther maner of way bot thai that ar admittit, and havand power to that effect; and that na maner of personis say mess, nor ʒit heir mess, nor be present thairat, vnder the pane of confiscatioun of all thair guds, movable and vnmovable, and pvneissing of thair bodeis at the discretioun of the magistrat, within quhais jurisdictioun sik personis happynis to be apprehendit ffor the first falt, Banissing the realme for the second, Justifying to the deed for the third falt. And ordainis all shreffis, stewartis, baillies, and thair deputis, provestis and baillies of burrowis, and vtheris jugeis quhatsumever, within this realme, to tak diligent sute and inquisitioun within thair bounds, quhair any sik vsurpit ministrie is vsit, mess saying, or thai that beis present at the doing thairof: Ratifyand and approvand the samyn, and tak and apprehend thame, to the effect that the panis abovewritten may be execut vpoun thame.

V.

1561, Dec. 22.—Act of Convention of Estates.

Sederunt apud Edinburgh, xxij. Decembris Anno lxj^o.

The samyn day, forsamekle as the Quenis Majestie, be the advyse of the Lords of hir Secreit Counsale, foirseand the eminent truble quhilk appeirandlie wes to ryis amangis the lieges of hir realme for materis of religioun, to evaid the samyn, and to stay all inconuenientis that may follow thairupon, intercomonit with ane part of the clergie and stait ecclesiasticall, with quhome than ressoning being had, it was thot gude and expedient be hir hienes that ane generall conventioun suld be appointit the xv. day of December instant, quhairto the rest of that estate myt have repairit, and be the avise of the hale ane ressonable overture maid, and ordoure takin for staying of the apperand truble, and quieting of the hale countrey: Quhilk conuentioun being be her Maiestie appointit, and sindrie dayis of counsale keepit, and the said ecclesiasticall estait oftymes requirit that the said ordoure myt be takin, and overture maid, for staying of truble and quieting of the cuntrie: Last of all, in presence of the Quenis Maiestie and Lords of Counsale foirsaid, and vtheris of the nobilitie of this realme, comperit John, Archbischop of Sanct Androis, Robert, Bischop of Dunkeld, Patrick, Bischop of Murray, and Henry, Bischop of Ross, and, for thame selffs respectiue, offerit to the Quenis Grace to be content of thrie partis of the rentis of thair benefices, and the ferd part thairof to be employit as hir Grace thocht expedient. And becaus the certantie thairof was not knawin, nor zit quhat sowmes of money wald sufficientlie sustene the ministrie and ministeris of Goddis word within this realme, nor zit how mekle was necessar to support the Quenis Maiestie abone hir awin rent for the commoun effaris of the cuntrie: thairfoir it is concludit, decernit, and determit be the Quenis Grace, and Lords of Counsale foirsaids, and vtheris of the nobilitie present, that gif the ferd part of the fruits of the hale benefices ecclesiasticall within this realme may be sufficient to sustene the ministeris throw the hale realme, and support the Quenis Maiestie to interteny and sett fordwart the commone effaris of the cuntrie; ffelzeing thairof, the third part of the saids fruits or mair, quhill it be fund sufficient to the effect foirsaid, to be takin up zeirlie in tyme cuming, quhill ane generale ordoure be takin thairin, samekle thairof to be employit to the Quenis Majestie, for entertenying and setting fordwart of the commone effaris of the cuntre: And samekle thairof to the ministeris, and sustentatioun of the ministerie, as may ressonablie sustene the samyn, at the sy^t and discretioun of the Quenis Maiestie and Counsale foirsaid, and the excrescence and superplus to be assignit to the auld possessouris. And to that effect, that the rents and zeirlie avale of the hale benefices within this realme may be clearlie knawin to the Quenis Maiestie and Counsale foirsaids, it is STATUTE and ORDANIT that the hale rentalis of all benefices within this realme be producit befoir hir grace and lords foirsaid, at the tymes vnderwritten; that is to say, of the benefices on this syde of the month,[10] the xxiiij day of Januar nixtocum, and bezound the month, the x day of Februar next thairafter. And ordainis letters to be direct to officiaris of the Quenis shreffis in that part, to pass, charge, and require, all and sindrie archbischoppis, bischoppis, abbottis, commendatoris, and prioris of this realme, on this syde of the month, personale, gif thai can be apprehendit, and failzeing thairof, at the saids archbischoppis, bischoppis, abbottis, commendataris, and prioris duelling places, cathedrale kirkis, or abbayis, and all denis, archidenis, subdenis, chantoris, subchantoris, prouestis, personis, vicaris, ... beneficit men, thair chalmerlanis and factoris, personalie or at their duelling places, or at thair parroche kirkis, quhair they suld remane, to exhibit and produce befoir the Quenis Maiestie, and lords foirsaids, the said xxiiij day of Januar nixtocum, the just and trew rentale of the avale and rentis of thair benefices, to the effect foirsaid; and to charge the prelattis and vtheris beneficit men on the zond syde of the month, in maner respectiue foirsaid, to produce the just and trew rentale of their benefices befoir the Quenis Grace and lords foirsaids, the said x day of Februar nixtocum, to the effect above rehersit; w^t. certificatioun to thame that failzies, the Quenis Grace and Counsale will proceid heirin as accordis: And sicklyke to charge the hale superintendentis, ministeris, eldaris, and deaconis of the principale townis and schiris of this realme, to gif in befoir the Quenis Grace and Lordis of Counsale foirsaids, the said xxiiij day of Januar nixtocum, ane formale and sufficient roll and memoriall quhat may be sufficient and ressonable to sustene the ministrie and hale ministeris of the realme, that her Maiestie and Lords of Counsale foresaids may tak order thairintill as accords: And forder, that the Quen’s Maiestie and Lordis of Counsale foirsaids ryplie and digestlie wey and considder quhat necessar support is requirit to be takin zierlie of the frutis of the saids benefices, by her Grace’s avn zeirlie rent to interteny and sett fordwart the commone effairis of the cuntrie agane the said xxiiij day of Januar nixtocum, that than it may be procedit in the said mater, all parties be satisfeit, and the hale cuntrie and lieges thereof set in quietnes.[11]

VI.

1567, April 19.—Act concerning the Religion.

The quhilk day the Quenis Maiestie having considerit the estait of hir Majestie’s realme that it stude at the tyme of hir arryvale furth of France, and yet presentlie standis at, foirseing alssua the common weill of hir cuntrie gretumlie to be incressit and establishit be the keiping of the commone peax and quietnes amangis all her gud subiectis. And like as hir Hienes sen hir foirsaid arryvall hes attemptit na thing contrar the estait of religioune, quhilk hir Maiestie fand publictlie and vniuersallie standing at hir arryvale foirsaid, quhairby hir Maiestie is maist worthy to be seruit, honourit, and obeyit; richtswa hir Hienes intendis to continew in the samyne gudnes and gouernment in all tyme cuming, quhairby all her gud subiectis, professouris of the religion foirsaide, sall haif occasioune to praise God for her gud, happye and gratius gouernement, and to crave of God from the boddum of thair harttis, that he wald of his infinite gudnes to prosper and blis her Maiestie, and hir posteritie, with lang lyf, gud and happye gouernment, to reull and regnne ouer thame. And to the effect alssua that all hir Hienes gud subiectis, professouris of the said religioune, may assure thame selfis to be in full suretie thairof, and of thair landis, lyves, benefices, offices, dignities, jurisdictionis, priuileges, gudis, fame, and honouris in time cuming, and with the better will, jeopard and hasard thair lyves and gudis in hir Hienes seruice aganis all inymeis to hir Maiestie and to the commone weill of this realme at all tymes neidful, as thair predecessouris hes maist frankly done heirtofore, and that withowt feir of ony pane, punishment, tynsell of landis, benefices and gudis, for professing, exerceing, and vsing of the said religioune in tymes bygane, and to cum, to be impute vnto thame or thair airis, nochtwithstanding ony lawis, actis and constitutionis, and canone, ciuile or municipale, or vther quhatsumeuir ordinance heirtofoir institute in the contrar. And for thair greter suretie foirsaid, OUR SAID SOUERANE, with the awyss of the haill thre Estait of Perliament, hes thocht neidful and convenient to dispenss, cass, abrogat and annull, like as hir Maiestie presentlie dispenssis, cassis, abrogattis and annullis all and quhatsumeuir lawis, actis and constitutionis, canone, ciuile or municipale, with all vther constitutionis and practick penale introducit contrar to the foirsaid religioune and professouris of the samyne; and ordains thame and thair posteritie in all tymes to cum, to be fre and exemit from all pane corporall, infame, reproche, depryving from benefices, dignitie or offices, or vther cryme or pane quhatsumeuir that may be incurrit or impute to thame be vertew of the saidis actis, lawis, ordinances, canone, ciuil or municipale, and practik, for contravening of the samyne, renunceand the samyne and strenth thairof in favouris of our saidis subiectis to the effect foirsaid. And siclike the Quenis Maiestie of her auctoritie royall granttit to hir be God, with the awyss of the thre Estatis foirsaidis, takis to hir self and hir posteritie, all hir gude subiectis, thair benefices, landis, offices, guidis, and honouris, to be vnder hir sure salfgard, mantenance, protectioune, and defence perpetuallie, aganis quhatsumeuir foirane auctoritie, pouer, jurisdictioune, and persute, be it ecclesiasticall or temporall. Exemand hir foirsaidis subiectis from all compeirance, summonding, or obedience pretendit or to be pretendit, heirafter agains thame for the caussis foirsaidis, be quhatsumeuir foirane persoune or vther pretendand jurisdictioune or auctoritie throw thame; willing hir subiectis to duell in perpetuall securitie and quietness within this realme, be making of thair maist humbill and faithfull obedience to hir Hienes and hir posteritie in all tymes coming heirafter allenerlie. Like as also hir Maiestie, God willing, heireafter in tyme convenient sall tak forther ordour, in all vther poinctis, concerning the estait of religioune, as may best serue for the glorie of God, commone weill of this realme, and continewing of commone peax and quietnes vniversallie amangis all hir subiectes: Commanding thame, and euerie ane of thame, in all tymes heirefter, to keep mutuale, perfyte and maist hartlie kyndnes, luiff, friendschip, and nychtboureheide, ilk ane to vtheris, vnder all hieast pane and charge, that heirefter may follow, for breaking of this present act of Parliament and her Maiestie’s lauchful commandment.[12]

VII.

Articles presentit in Parliament, treatit and proponit be certane Baronis, Commissaris of Burrowis, and Ministeres, at Edinburgh.—Decr. 1-6, 1567.[13]

In Parliamento, apud Edin. xv. die Decembris, A. D. M.D.LXVII.

Articlis to be presentit in Parliament.

Baronis,

Johne Erskin of Dvn, ...
Williame Lislie of ...
Symone Prestoun of ...
Williame Dowglass ...

Ministeris—Maist ...
Johne ...

It is thocht expedient be this present assemble that thair be adjoinit vnto them, in treating of the thingis concernning the kirkis, thir personis vnderwrittin, to wit, Maister Johne Spottiswod, Maister Johne Craig, Johne Knox, Maister Johne Row, and Maister Dauid Lindesay, or any thre or fowre of thame. And als the Baronis present, thinkis thame owir small ane nowmer to gif judgement in this actioun, and thairfoir desyris to be adioynit to the ... sick as my Lord Regent and Lordis of Secreit Counsale sall think neidf ... And alsua for keping of ane certane ordoure in performing of the ... actioun, it is thocht gude be the Baronis and Commissionaris presentlie convenit ... thai convenit in the Provestis lugeing of Edinburgh, at xj houris befoir none, and to remane thar quhill foure houris efter none, and this ... done ilk day quhill the performyng thairof, and gif it sall happen ... thame to failze herein, he sall be put in the mendis of vs. to be distribu- {blank space}

... pure at the sight of the remanent. And this to be
... Prestoun of that Ilk to my Lord Regent and Secret
... be him thairof, the ...
... secundo Decembris 1567.
... erunt.
... ... lquhane
... that ilk
... of Quhittinghame
Provest of Aberdeene
Maister Johne Preston, }
Ja. Barron, } for Ed^r.
Patrick Murray for Perth.
Richard Blyth for Dundee.
Maister Johne Spottiswod.
Johne Knox.
Maister David Lindesay—Juratus, &c.

... hay, Clerk of the Secreit Counsale, and reportit ans^r in
... v^m to the provist of edinbur^t ʒisterday tueching the
... ble of certane ma baronis, with certane ministeris,
... as suld happin to be proponit, &c. with commissioun, and ... and commissioners already convenit to begin and proceed and c ... lowis: Apud edinbur^t secundo die mensis decembris ... fforsamekle as my Lord Regent, with avyss ... Counsale, wrait to certane baronis and Commiss^rs ... in edinbur^t the xxij day of Nouember lastbipast past ... the materis to be concludit in the parliament approacheand proacheand ... the quhilk commiss^rs and baronis divers ar ʒet absent, Quhairthrow large tyme is spent and nothing as ʒit done: Thairfoir, my Lord regent, with avyss of the lords of secreit Counsale, ordanis samony of the baronis and commissaris as ar already convenit to begin and proceed in the materis proponit before thame, Or to be Inwentit and fund out be thame selffis. And that in the place of Walter Lundy of that Ilk thai resaue and admitt amanges thame, Maister Williame Lundy his sone and appearand air, likewyise thomas Scott of abbottishall, And that they elect and nominat twa or thre ma quhilkis are present in this toun maist godlie and of gretaist experience in politique effares quhilkis sal be commandit to adioyne with thame and assist thame. And that Maister Johne Spottiswod, Johne Knox, Maister Johne Craig, Maister Johne Row, and Maister David Lindesay, ministeris, or any foure or thre of thame, be alsua present, and adioynit to the saids Baronis and Commissioners of burrowes in debatting, and treating, and ressoning of the materis to be proponit concerning the estat of the Kirk. Sic subscribitur de mandato domini Regentis et dominorum Secreti Concilii, &c., Alexander Hay.

Followis certane articlis proponit [be the saidis ministers[14]] concerning the effares of the Kirk, with the said Assemblie’s declarationis thairupon.

First, That the parliament haldin ... [declarit] be act of this present parliament ... parliament, and that all thingis thairin concludit co- ... may be of new ratifiit and confirmit, Alsweil, the Confessio- ... fayth then red reasonit, and be publict voit of that parliament ... As the act pronouncit agains the vsurpit Jurisdictioun of the Paip- ... the Mess, and the abolischement of the former wickit actis; The tennor quhair of followes:—

Apprevit (on margin.)

PETITION.

The ... for abolishing the pape.

(The Acts 1560 recited.)

And becaus that lawis quhilk ar not cleir are often tymes occasioun of discord, We maist humilie desire that, for avoyding all debait, dout, and question that eyther may aryiss for the validitie and strenth of that parliament, as for the interpretatioun of the saids ... present parliament pronounce and declare first,

First Article.

That the ministeris of the blessit evangill of Jesus Chryst, quh ... God of his mercy hes now rasit vp amangis ws, or heirefter sall ... aggreing with thame that now leif in doctrine and administratioun of the sacramentis, and that part of the people of this realme that professis Jesus Chryst, as now he is offerit in his evangell, and do commvnicat with his holie sacramentis (as in our reformit kirkis thai are publictlie ministrat) may be declarit the only trew Kirk of Jesus Chryst within this realme; And that all and sindrie quha outher gaynsay the word of the evangell, as it is now preachit, and of ws ressauit and approvit as the heids of the Confessioun of our Fayth mair particularlie do express, or that ʒit refuses the participatioun of the halie sacramentis as now thai are ministrat, Be decernit na memberis of the kirk, within this realme, sa lang as thai keip thame selfis so dividit from the societie of Chrystis body.

2. Farther, we craiff, that na personis reclaimyng to the religioun, or that do not profess it with ws in all pointis, be permittit to enioy benefice or proffitt quhatsumevir vnder the title of ecclesiastical functioun, Notwithstanding title, possession or intrusioun quhatsumeuer thai haue had or may claime to haue, be the paip, that remane antichrist.

Apprevit (on margin.)

3. That to this oure kirk foirsaid be grantit, and be this present Parliament confirmit, sick fredome, priuiledge, jurisdictioun, and autoritie, as justly apertene to the trew kirk, and immaculat spous of Jesus Chryst. And that na vther face of a kirk nor vther face of religioun (than presentlie be Goddis fauor, we haue establissit within this realme) be permittit. And that na jurisdictioun ecclesiasticall be acknowlagit within this realme, vther than that quhilk as salbe within our kirk, or that flowis fra the same.

Apprevit.—[Bot desyris the jurisdictioun of the Kirk to be ... and certane of the previe counsale to be appointit be my Lord Regent to the limitatioun thairof.]

4. That the examinatioun and admissioun of ministeris within his realme be onlie in power of oure Kirk; the presentatioun resseruit to the just and aunceant patronis. The patrone presentand a qualifiit persone within thre monethis, or vtherwyiss the Kirk to haue power to dispone, alwayis to a qualifiit persone.

Apprevit.

5. That all benefices having charge of saulis given be the Quene or ony vtheris, sen the foirsaid Parliament, otherwyiss then be the ordoure of the Buke of Discipline is appointit, may be decernit to vaik. And that the patronis may haue priuilege to present de novo, personis qualifiit and hable, sua that the Kirk may be deliuerit frome vnproffitable pastors.

Apprevit.

Apud Edinbur^t, tertio Decembris 1567.

Sederunt.

Followis vther Articlis concerning the Kirk.

6. That ordoure may be takin for all abbacyis, alsweill for the present as for tymes to cum, As als for benefices and kirkis annexat, and dissolutioun to be maid thairof, and ane act to be maid thereupon.

Findis, Separatioun to be maid To witt the teinds to pertene to the Kirk, and the temporale landis to be disponit be avyiss of the thre estaitis in Parliament.

7. That ordoure may be takin for sik as profess ... and haif the patrimony of the Kirk in thair hands, and ... thair dewtie to thair flok.

It is thocht expedient that sick as ar fund qualifiet be the jugement of the Kirk, sall exerce their avne office in thair awin kirk, and vtheris not qualifiit, sall pay the third of thair benefice for sustentatioun of the ministrie during thair tymes.

8. That ordoure may be takin w^t sick as haif pluralitie of benefices.

Ane persone beneficit, being qualifiit, shall preche him self at ane of his kirks, and sall sustene the ministeris of the remanent, at the sy^t of the generale kirk, And the unqualifiit, to pay his third of the hale, Admittand na pluralitie in tyme cuming.

9. That prouisioun may be maid for instructioun of the zouth, for sustentatioun of the pure, and for sum releif to the lauboraris of the ground, especiallie for the relief in leiding of thair teinds.

Answer to the first part of this article, That the lands of prebendaris of college kirkis in landwart be erectit for sustentatioun of bursaris, And referris the vther tua heids to the estaitis in Parliament.

10. That [ordoure may be takin that] nane enter in the functioun of ministrie, nether be retenit within the samyn, bot sik as salbe fund qualifiit, and of honest conversatioun.

Leif this. Referris this to the Generale Assemble of the Kirk.

11. That Superintendentis be appointit quhair need requiris, and that ordoure be prouidit how thai salbe obeyit in thair office, and how thai salbe hable to serue in the same.

Referris the nowmer of the Superintendentis to the roll maid thairupoun, And the office and jurisdictioun of the Superintendent to be authorizat be the estatis in parliament.

12. That ordoure may be takin, how that the pure ministeris, quha lang hes bene defraudit of thair just stipendis, may not onlie be prouidit heirefter for a sufficient leving, Bot also that thai may vnderstand how thai may lift vp the same be ourdour of law, and quhat redres thai sall haif for the bipast, and how thai salbe prouidit in the present. And, becaus all thir heids require deliberatioun, we offer owre selfis to communicat w^t. your L. as God sall communicat w^t. ws.

It is thocht neidfull that, quhill the Kirk be put in full possessioun of the hale patrimony, the hale thriddis be assignit to the ministrie, and thai to vptak the samyn be thame selfis and thair collectors, and all v ... to be dischargeit thairfra ... and Counsale ... find sum meane ... dettis ellis.

13. That the act of Parliament concerning the mansses and gleibis may be maid so sensible, that the iniust possessouris find na cauilatiounis to defraude the pure ministeris of thair ry^t. and of the peaceable possessioun of that quhilk justlie appertainis thairto.

It is fund that the best manss sall pertene to the minister with the hale gleib, Providing the said gleib exceed not vj aikiris of land; And, gif the samyn be mair, the minister sall be content onlie with vi aikiris thairof nixt adiacent to the manss; And, gif the samyn be within vi aikiris, he sall lykewise content him thairwith.

14. That the act for pvnishment of adulterie may be maid sa cleir, that the offendaris delude not the law be the ambiguitie thairof.

Desyris this act to be clerit be the thre Estaits in Parliament.

14. That na man beir publict office of jugement within this realme bot sik as professis the puritie of religioun with ws; that nane be permittit to procure to be admittit in notar, or creat in member of court, without he likewyis profes the Evangell w^t. ws.

Aggreit w^t.

15. It is thocht gude ffor stancheing of cumer and trouble within burrowis in tyme cumin, that nane of the inhabitantis thairof frathyne furth, mak convocatioun within the samyn, or put thameselfis in armes, without express command ayther of the autoritie, provest or baillies thairof, under sik panis as the thre Estaits in Parliament sall think gude.

Apprevit. And referris the pane to be modifiit be the Estaits in Parliament.

16. Item, That all scoles, alsweill to bur^t. as land, and colleges be reformit, and that nane be permittit nor admittit to haue charge thairof, or to instruct the ʒouth priualie or publicklie, bot sic as ar, or salbe tryit be the Superintendint and visitators of the Kirk, and admittit be thame to thair charges.

Apprevit.

17. Item, That the ordinances maid for keping of the Saboth day, the pvnishment of fornicatioun, adulterie, incest, swering and banyng, be ratifiit in this present parliament, and jugis appointit for executioun thairof, quhair nane is.

Apprevit.

18. Item, That the act of parliament, maid in King James the ... tyme, towart the ordouring of the pure within thair avne parochin be de novo ratifiit, and thaireeftir be decernit to be put in executioun.

Apprevit.

19. Item, It is fund expedient that the act maid, tueching the reparatioun of kirkis be ratifiit and ordainit to be put to executioun ... is.

VIII.

Acta. Decr. 20, 1567.

5. Anent the Messe abolischit and punisching of all that heiris or sayis the samin.

Item, Our Souerane Lord, with auise of his derrest Regent and thre Estatis of this present Parliament, ratifyis and appreuis the act vnderwrittin, maid in the Parliament haldin at Edinburgh, the xxiiij day of August, the ʒier of God ane thousand fyue hundreth thre scoir ʒieris. And of new, in this present Parliament, statutis and ordainis the said Act to be as ane perpetuall Law to all our Souerane Lordis lieges in all tymes to cum. Of the quhilk the tennour followis. [As already inserted at [p. 76].]

6. Anent the trew and haly Kirk, and of thame that are declarit not to be of the samin.

Item, Forsamekle as the Ministeris of the blissit Euangell of Jesus Christ, quhome God of his mercie hes now rasit vp amangis vs, or heirefter sall rais aggreing with thame that now liues, in doctrine and administratioun of the Sacramentis, and the pepill of this realme that professis Christ as he now is offerit in his Euangell, and do communicat with the holy sacramentis, (as in the reformit Kirkis of this Realme ar publicklie administrat,) according to the Confessioun of the faith, Our Souerane Lord, with auise of my Lord Regent and thre Estatis of this present parliament, hes declarit and declaris the foirsaid Kirk to be the onlie trew and holy Kirk of Jesus Christ within this realme, and decernis and declaris that all and sindrie quha outher gainsayis the word of the Euangell ressauit and appreuit as the heides of the Confessioun professit in parliament of befoir, in the ʒeir of God 1560 ʒeirs, as alswa specifiet in the actis of this parliament mair particularlie dois expres, and now ratifyit and appreuit in this present parliament, or that refusis the participatioun of the holy sacramentis as thay ar now ministrat, to be na memberis of the said Kirk within this realme now presently professit, swa lang as thay keip thame selfis sa deuydit fra the societie of Christis body.

7. Anent the Admissioun of thame that salbe presentit to Benefices hauand cure of Ministrie.

Item, It is statute and ordained, by our Soveraine Lord, with advise of his dearest Regent, and three Estaitis of this present Parliament, that the examination and admission of Ministers, within this Realme, be only in the power of the Kirk, now openlie and publickly professed within the samin. The presentation of laick Patronages alwaies reserved to the Just and auncient Patrones. And that the Patroun present ane qualified persoun, within sex Monethes (after it may cum to his knawledge, of the decease of him quha bruiked the Benefice of before) to the Superintendent of thay partis, quhar the Benefice lyes, or uthers havand commission of the Kirk to that effect; utherwaies the Kirk to have power to dispone the samin to ane qualifyed person for that time.

Providing that in caice the Patron present ane person qualified to his understanding, and failzeing of ane, ane uther within the said six Moneths, and the said Superintendent or Commissioner of the Kirk, refusis to receive and admit the person presented be the Patron, as said is: It sall be lesum to the Patron to appeale to the Superintendent, and Ministers of that province quhair the Benefice lyis, and desire the person presented to be admitted, quhilk gif they refuse, to appeale to the General Assemblie of the haill realme, be quhome the cause beand decyded, sall take end, as they decerne and declair.

8. Anent the Kingis Aith to be giuen at his Coronatioun.

Item, Because that the incres of vertew, and suppressing of idolatrie, crauis that the Prince and the peple be of ane perfyte religioun, quhilk of Goddis mercie is now presentlie professit within this realme; Thairfoir it is statute and ordainit, be our Souerane Lord, my Lord Regent, and thre Estatis of this present Parliament, that all Kingis, and Princes, or Magistratis quhatsumeuir, halding thair place, quhilkis heirefter in ony tyme sall happen to regne, and beir reule ouer this realme, at the tyme of thair coronatioun, and ressait of thair princely authoritie, mak thair faithfull promise, be aith, in presence of the Eternall God, That induring the haill cours of their lyfe, thay sall serue the samin Eternall God, to the vttermaist of thair power, according as he hes requyrit in his maist haly word, reuelit, and contenit in the New and Auld Testamentis; and according to the samin word sall mantene the trew religioun of Jesus Christ, the preicheing of his haly word, and dew and richt ministratioun of the sacramentis now ressaifit and preichit within this realme. And sall abolische and gainstand all fals religioun contrare to the samin: And sall reule the pepil committit to thair charge, according to the will and command of God, reuelit in his foirsaid word, and according to the louabill lawis and constitutionis ressaifit in this realme, nawyse repugnant to the said word of the Eternall God. And sall procure to the vttermaist of thair power, to the Kirk of God, and haill Cristiane pepil, trew and perfyte peice in all tyme cuming. The rychtis and rentis, with all the iust priuilegeis, of the Crowne of Scotland to preserue and keip inuiolatit, nouther sall thay transfer nor alienat the samin. Thay sall forbid and repres in all estatis and degreis, reif oppressioun, and all kynde of wrang. In all jugementis, they sall command and procure that justice and equitie be keipit in all creatures, without exceptioun, as the Lord and Father of all mercyis be mercifull to thame. And out of their landis and empyre they salbe cairfull to ruite out all heretykis and enemeis to the trew worschip of God, that salbe conuict be the trew Kirk of God of the foirsaidis crymis. And that they sall faithfullie affirme the thingis aboue writtin be their solempnit aith.[15]

10. Anent thriddis of benefices grantit in the moneth of December, the ʒeir of God 1561 ʒeiris, for sustening of the Ministeris and vther effaires of the Prince.

Item, Because the ministeris hese bene lang defraudit of thair stipendis, swa that thay ar becumin in greit pouertie and necessitie And notwithstanding hes continewit in thair vocatioun without payment of their stipendis, be ane greit space, Quhairthrow thay ar and salbe constranit to leif thair vocatioun, without remeid be prouydit; Thairfoir our Souerane Lord with auise of my Lord Regent and thre Estatis of this present Parliament, hes statute and ordanit, that the hail thriddis of the hail benefices of this realme, sall now instantlie and in all tymes to cum, first be payit to the ministeris of the euangell of Jesus Christ and thair successouris, and ordainis the Lordis of the Sessioun, to grant and gif letteris, charging all and sindrie intrometteris, or that beis addettit in payment of the samin, to answer and obey to the saidis ministeris and their collectouris to be nominat be the saids ministeris, with auise of my Lord Regent, in forme as effeiris, notwithstanding ony discharge geuen be our Souerane Lordis mother, to quhatsumeuer person or personis, of the saidis thriddis, or ony pairt thairof, ay and quhill the Kirk cum to the full possessioun of thair propir patrimonie, quhilk is the teindis; Prouyding alwayis that the collectouris of the saidis ministeris, mak ʒeirlie compt in the Chakker, of thair intromissioun, swa that the ministeris may be first answerit of thair stipendis appertening to euerie ane of thame. And the rest and superplus to be applyit to our Souerane Lordis vse.

11. Anent thame that salbe teacheris of the ʒouth in sculis.

[By this act it is “Statute and ordanit that all sculis to burgh and land, and all vniversities and collegis be reformit; and that nane be permittit nor admittit to haue charge and cure thairof in tyme cuming, nor to instruct the ʒouth priuatlie or oppinlie, bot sic as salbe tryit be the Superintendentis or visitouris of the Kirk.”]

12. Anent the iurisdictioun of the Kirk.

Item, Anent the Artickle proponit and geuin in be the Kirk to my Lord Regent and the thre Estatis of this present Parliament, anent the iurisdictioun iustlie apperteining to the trew Kirk and immaculat spous of Jesus Christ, to be declarit and expressit as the artickle at mair lenth is consauit: The Kingis Grace, with auise of my Lord Regent and thre Estatis of this present Parliament, hes declarit and grantit iurisdictioun to the said Kirk: quhilk consistis and standis, in preiching of the trew word of Jesus Christ, correctioun of maneris, and administratioun of haly sacramentis. And declaris, that thair is na vther face of Kirk nor vther face of Religioun, than is presentlie be the fauor of God establischeit within this Realme, And that thair be na vther jurisdictioun ecclesiasticall acknawlegit within this Realme, vther than that quhilk is and salbe within the same Kirk, or that quhilk flowis thairfra concerning the premisses; and forther, our Souerane Lord, with auise of my Lord Regent and thre Estatis foirsaidis, lies geuein and geuis power and commissioun to Schir James Balfour of Pittindreich, Knycht; Priour of Pittinweeme; Mark, Commendatour of Newbottill, Johne Priour of Coldinghame; Lord Preuie Seal Maister James Mackgill of Rankillour Nether, Clerk of Register; William Maitland, ʒounger of Lethingtoun, secretar to our Souerane Lord; Schir Johne Bellenden of Auchinoull, Knycht, Justice Clerk; Johne Erskine of Dune; Maister Johne Spottiswod, Superintendent of Lowthiane; Johne Knox; Maister Johne Craig; and Maister Dauid Lindesay, Ministeris of the worde of God, To seirche furth mair speciallie, and to considder, quhat vther speciall pointis or clausis sould appertene to the iurisdictioun, priuilege, and authoritie of the said Kirk, and to declair thair myndis thairanentis to my Lord Regent and thre Estatis of this Realme at the nixt Parliament, Swa that thay may tak ordour thairintill, and authories the samin be act of Parliament, as salbe fund aggreabill to the word of God.

31. Anent priuilegeis grantit to Kirkmen.

Item, Our Souerane Lord, with auise and consent of my Lord Regent and thre Estatis of this present Parliament, hes ratifyit and ratifyis all ciuile priuilegis grantit and geuin be our Souerane Lordis predecessouris, to the spiritual estate of this Realme, in all pointis efter the forme and tennour thairof.

ASSIGNATIOUN FOR THE MINISTRIE AND ACTS OF PRIVY COUNCIL THAIREANENT.

IX.

Provisioun for Sustentatioun of the Ministeris in Burrowis.

Apud Striviling decimo die mensis Januarii anno 1^m. v^c. lxvj.

Sederunt domini ut in die predict.

The quhilk day the Quenis Majestie and Lordis of Secreit Counsall, being weill myndit that the Ministerie within this haill realme be interteneit alsweill to burgh and land as hir Majestie fand the samyn at hir arryvall in Scotland, and becaus the haill Lordis of Secreit Counsall may nocht weill vaik at all tymes for the ordouring thairof, being occupiit with utheris wechtie materis; Thairfoir her hienes, with avyise of her Counsall foirsaid, hes constitute and namyt her lovittis underwrittin, my Lordis Huntly, Chancellar, Ergyle, Murray, Bothwell, Atholl, Cassillis, Craufurde, and Mar, my Lordis Bischopis of Galloway, Roise, and Orknay, my Lord Secretare, Maister Johnne Spens of Condy, advocat, Sir Johnne Bellenden, Justice Clerk, Sir James Balfour, Clerk of Register, and David Fores, generall of the Cunziehous, to quhome, be thir presentis, the Quenis grace and hir Counsale foirsaid, gevis thair full power and commissioun, or to ony fyve or sex of thame, to call before thame the haill burghis of this realme, generallie or particularlie, as thai, or ony fyve or sex of thame, sall think expedient. And to consider the habiliteis of the saidis burghis particularlie, and according thairto to appoint and imputt particular taxatioun or impositioun upoun everie burgh yeirlie, to be gadderit and upliftit for sustentatioun of the said ministerie, be thameselffis, thair collectouris or chalmerlanis, as the saidis Commissionaris, or ony fyve or sex of thame, sall think expedient, as thai will ansuer to God and the Quenis Majestie thairupoun. And quhatsumevir the saidis Commissionaris, or ony fyve or sex of thame, sall do in thir premises, the samyn to haif the lyke force and effect as gif the samyn wer done in plane counsall: And letteris to be direct thairupoun as effeires, as the said ministerie and thair collectouris will requeir. And alswa for relief of the saidis burghis, the Quenis grace, with advyise of her Counsall foirsaid, be thir presentis, gevis and grantis to the saidis burghis, and everie ane of thame, the annuellis of alteragis chapellanereis and obittis within the samyn, quhairevir the samyn salhappin to vaik, be the deceise of the possessouris thairof, or utherweyis hes happynnit to vaik, sen the Quenis grace arryvall in Scotland, quhilkis as yit remanis ungevin or distributit to ony persoun; and that to relief the taxatioun and contributioun foirsaid. And the superplus of the saidis annuellis and obittis, gif ony beis, to be distributit to the pouer and hospitallis of everie burgh within thameselffis, be avyise of the minister and eldaris thairof, as thai will ansuer to the maist heast thairupoun. And letteris to be directit be the Lordis of Secreit Counsall and Sessioun, as thai salbe requirit, for publicatioun of thir premissis.

X.

Small Benefices for Ministers.

Apud Edinburgh tertio die mensis Octobris

Anno Domini Millesimo Quingentesimo lxvj^o

The quhilk day Forsamekill as the King and Quenis Majesteis hes understand and considderit that the Ministeris stipendis quhilkis necessarlie mon be payit furth of the thridis of the benefices extendis to sic a sowme that the saidis thridis is nocht abill bayth to sustene the chargeis of thair Majesteis hous attour the rent of thair propirtie, as alswa to sustene the saidis ministeris. And eftir gude deliberatioun takin how thai may be sustenit with leist chargeis and expensis Thair Hienessis hes fund it maist convenient and als with avyise of the Lordis of thair Secreit Counsall Statutis and Ordanis, that in tyme cuming all small benefices personages vicarages and utheris extending in yeirlie rentall to the soume of thre hundreth markis or within as thai salhappin to vaik Sall alwayis be disponit to sic personages as the Superintendentis and Assemblie of the kirk eftir dew examinatioun sall find abill qualifiit and sufficient And thaireftir nominat and present to their Majesteis quhilkis being sa nominat and presentit Thair Hienessis sall admit thame and be thair authoritie caus thame be ansuerit of the frutis and dewiteis of the saidis benefices: Attour quhensoevir ony bischoprik abbacie pryorie or uther prelacie that hes the patronage of sic small benefices salhappen to vaik and fall to thair Majesties dispositioun and presentatioun as likewyise of all thame that ar presentlie vacand Thair Hienessis promittis in verbo Principum That thai sall alwayis retene in thair awin handis the power and titill of the dispositioun of the saidis small benefices to the effect abonewrittin And sall caus the personis to quhome thair Majesteis disponis the saidis prelaciis and greit benefices Consent thairto befoir thair Majesteis mak ony rycht of the principall to thame And in caise it sall happin thair Majesteis ignorantlie or utherwayis to gif or dispone ony of the saidis small benefices be gift presentatioun or utherwayis contrair this present act and ordnance and ony wayis prejudiciall to the samyn Thair Majesteis expressitlie commandis thair Comptrollar present and tocum his clerk and collectouris the keparis of the signet previe seill and greit seill and all utheris thair Hienessis officiaris liegis and subdittis That they on na wayis admit allow obtempir or obey ony sic gift or presentatioun or to pas the samyn throw the seillis Or grant letteris in the four formes thairupoun bot to hald repute and esteme thame as previe writtingis purchest in defraud and prejudice of this present lovabill act and publict ordinance Notwithstanding ony charge or command gevin or to be gevin in the contrair quhairunto thir presentis sall serve thame for a sufficient warrand And sicklike thair Majesteis ordanis and requiris the Lordis of Counsall and Sessioun on na wayis to admit allow or attend to ony gift provisioun or presentatioun of quhatsumevir small benefice of the valu abonewrittin disponit be thair Majesties Or utherwayis quhair the samyn is repugnant or contrarious to this present act and ordinance And nocht disponit to qualifit personis apt for the ministerie examinat and admittit be the Superintendentis and kirk in maner foirsaid And that letteris be direct for publicatioun heirof in due forme as efferis.

XI.

ASSIGNATION FOR THE MINISTERIE BY THE QUEN.

20 Dec^r. 1566.

REGINA,

Forsamekill as the Ministeris within our realme this haill ʒeir bigane hes wantit thair stipendis in respect of sindry occasionis that hes interuenit; ʒit becaus we ar myndit and weill willit that the said Ministerie be sustenit and interteneit in tyme cuming as efferis; Thairfoir with avyise of oure secreit counsale hes tane sic ordour as we mycht best for the present, And hes assignit for sustentatioun of the said Ministerie certane victuales and money in sindry places and cuntreis to be tane up and disponit be the said ministerie and thair collectouris or chamberlanis as thai sall think maist expedient Extending to the soume of ten thousand pundis money and four hundreth chalderis victuale As the particular assignationis maid thairupoun mair fullelie proportis We thairfoir be avyise of our counsall foirsadis Ordanis and Decernis that the said ministerie and thair collectouris and chalmerlanis quhatsumevir be thankfullie ansureit and obeyit of the haill payment alsweill of money as victuale foirsaid throuchout oure haill realme quhairsoevir the samyn or ony part thairof is assinit And lettris thairupoun to be decernit and gevin furth owther of horning or poinding respective As the said ministerie sall think expedient and requeir Commanding expresslie oure Clerk of Register and Comptroller and all utheris quhome it efferis or salbe requirit thairto To deliver the attentik copyis and extract of the said assignatioun to the ministerie with expres inhibitioun to our Comptrollar or ony uther Chamberlanies to intromet or mell ony maner of way with the saidis assignationis or ony part thairof under all heich panis that may follow thairupoun Subscrivit with our hand At Strivling the xx day of December the ʒeir of God I^m V^c lxvj ʒeris And our regnne the xxiiij ʒeir.

MARIE.

XII.

ACT OF PRIVY COUNSALE ANENT ASSIGNATIONS.

Apud Striviling xxj Decembris Anno Domini Millesimo Quingentesimo lxvj.

The Lordis of Secreit Counsale hes sene and considderit the Quenis Majesties writting within writtin And findis the samyn ressonabill and convenient And thairfoir according to our Soveranis will and mynd within declarit Ordanis and requiris the Comptrollar and Clerk of Register To deliver the attentik copyis and extract of the assignationis within specifiit to the Ministeris And sicklike Ordanis and requiris the Lordis of Counsale and Sessioun to grant letteris in the four formes with inhibitioun as is within desyrit And the Comptrollar present and tocum to consent thairto upoun the saidis assignationis in generall or particular as salbe desyrit in dew forme as efferis.

XIII.

Act in favour of the Ministerie of Glasgw.

Apud Edinburgh vij Maij Anno Domini 1m. vc. lxvij.

Sederunt.

Georgius Comes de Huntlie
Adam episcopus Orchadensis
Alexander episcopus Candidecase
Clericus Justiciarie
Clericus Registri.

Anent our Soverane Ladiis lettris rasit at the instance of the superintendentis ministeris eldaris and deaconis of the kirk of God with in this realme makand mentioun That quhair oure Soverane Ladie being zealous to have the ministerie sustenit alsweill within burrowis as to landwart throw hir haill realme hes assignit be the self and separat a certane partis of the thridis of benefices to that effect And als for the relief of the taxatioun and contributioun to be gadderit and upliftit within everie burgh hes grantit and disponit to the same effect and purpois all annuellis rentis of alteragis chapellaneriis obittis and sic utheris within burrowis As ane act maid be hir Majestie with avyise of hir secreit counsale thairupoun at mair lenth beris Quhairby it is ordanit that the Provest baillies and counsale of ilk burgh sall compeir befoir certane Lordis of hir hienes secreit counsale To heir and se ane taxatioun and contributioun modifiit set and imput be thame Or ony sex or fyve nominat thairin after the quantitie of the burgh for sustentatioun of the ministerie within the samyn And anent the charge given to the provist baillies and counsale of the citie of Glasgow To compeir be thameselffis or twa of thair nowmer auctorizat with thair commissioun befoir the Lordis nominat in the said act or ony fyve or sex of thame At Edinburgh or quhair it salhappen thame to be for the tyme upoun the sext day nixt efter the charge To heir and se ane taxatioun or contributioun modifiit appointed and set to be yearlie payit for sustentatioun of the ministerie within the said burgh Efter the forme and tennour of the said act With certificatioun to thame and thai failzeit the saidis Lordis wald proceid to the making modificatioune and imputting of the said taxt and contributioun upoun the said burgh efter the quantitie thairof As at mair lenth is contenit in the saidis letteris executioun and indorsatioun thairof The saidis Provest baillies and counsale of the citie of Glasgow foirsaid Comperand be James Flemyng and James Boyd quhais ressonis and allegationis being hard and understand to the saidis Lordis and thai ryplie avysit thairwith the Lordis of Secreit Counsale Decernis and Ordanis the provest and baillies of the said Citie To content and pay to thair minister resident within the samyn the soume of four scoir pundis money of this realme of thair awin propir gudis yeirlie in tyme tocum At twa termis in the yeir Witsonday and Martimes in winter be equall portions Begynnand the first termis payment at the feist of Witsonday nixttocum in this instant yeir of God l^m v^c thre scoir sevin yeris Or at the farthest within xx dayis efter ilk terme under the pane of rebellioun and putting of thame to the horne And gif thai failzie thairin to put thame to the horne Or to poind and distrenze thair reddiest gudis and geir thairfore And for relief of the saidis provest and baillies That thai imput ane taxatioun indifferentlie upoun al the inhabitantis of the said citie eftir thair habilitie And poind and appryise thair reddiest gudis and gear in caise of non payment And that letteris be direct hereupoun gif neid be in forme as efferis And that the rest of the said ministeris stipend redaris and utheris effairis of the kirk be payit of the reddiest of the annuellis of the said burgh disponit be hir Majestie to that use.

[SIXTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk convenit in Edinburgh, in the Nether Tolbuith thereof, the first day of July 1568: In the whilk was present the Nobilitie, Superintendants, Ministers, and Commissioners of Towns and Kirks. Thanks was gine to God, and supplicatioune maid for his assistance of his Haly Spirit be Mr John Willock, &c.

The same day for eschewing of confusione in reasoning, and that every brother speak moderately in his owne rowme, and that with reverence and licence, the haill brethren assembleit choose Mr John Willock, Superintendant of the West, to be Moderator for this present Assemblie, who, being chosen, acceptit the office under protestatione that obedience be gine.

Sess. 2^a. Julij 6, 1568.

Anent the ordour hereafter to be usit in Generall Assemblies, to the desyre of ane letter presentit be ane brother, for receaveing of the ordour heirtofoir, they all votted and concluded as follows, viz. That giue the ordour already receavit pleases not, men be reason of pluralitie of voytes.

It was thought meit to reforme in this manner: First, That nane have place to voite except Superintendants, Commissioners appointit for visiting of kirks, Ministers brocht with them, presentit as persons able to reasone, and having knowledge to judge with the foirnamit, salbe joynt Commissioners of burghs and shyres, together with Commissioners of Universities.

Secondlie, Ministers and Commissioners of shyres shall be chosen at the Synodall Convention of the dioces, be consent of the rest of the ministers and gentlemen that shall conveine at the said Synodall Conventioune. Commissioners of burghs sall be appointit be the ({blank space}) Councill and Kirk of their owne townes.

Thirdlie, Nane to be admittit without sufficient commissione in wreit, and on a venture: if this should come ane monopole and perpetuall electione of a few certaine ministers and commissioners, it is concluded that they be changit fra Assembly to Assembly.

Anent the questioune of murther upon suddentie, and for satisfaction to be made to the kirk theirfore: First, it was answerit that the cryme being confessit, or convict lawfully, the offender shall be admonischit be the Superintendant, or be the nixt reformit Kirk where the slaughter was committit, to abstaine from all participatioune of the Sacraments, untill that he shall satisfie the Kirk as sall be appoyntit, and that their admonition sall be published where the cryme was committit, and where the recent bruite thereof was spread; to the end that men may understand that the Kirk winks not at the shedding of innocent blood. Secondlie, if the cryme be denyit, and that the bruit thereof be constant, and as it were publick, yet shall the suspect be commandit to abstaine from the use of the sacraments, untill sic tyme as farder tryall may be had, or else that he be solemnlie purgit of the bruit, as for the sudden murther; and that quhilk is committit purposlie we remitt the answer thereof to ane former act.

Anent the forme of receaving of the homicid or adulterer to the societie of the Kirk.

Nane that hes committit slaughter, adulterie, or incest, or hereafter shall committ the same, shall be receavit to repentance be any particular kirk, till that first they present themselffs before the Generall Assemblie, thair to receave their injunctions; and thereafter they shall keep the same order that was prescryved to Paull Methven in his repentance; this being addeit, that he or they shall beir in their hand at all the tymes of their publick repentance the same or lyke weapon wherewith the murther was committit.

Sessio 3^tia. Julii 7, 1568.

It was declared and fund, that Thomas Bassendie, printer in Edinburgh, printed ane book, intituled the Fall of the Roman Kirk, nameing our King and Soveraigne supreame Head of the primitive Kirk. Also, that he had printit ane Psalme Book, in the end whereof was fund printed ane baudy song callit Wellcome Fortune; whilk books he had printed without licence of the magistrat or revising of the Kirk: Therefore, the haill Assembly ordained the said Thomas, to call in againe all the forsaids books that he has sauld, and keep the rest unsauld untill he alter the forsaid title, and also that he delait the said baudy song out of the end of the Psalme Book; and, farther, that he abstaine in all tyme comeing from further printing any thing without licence of the supreame magistrate, and reviseing of sic things as pertaine to religione be some of the Kirk appointit for that purpose. Attour, the Assembly appointit Mr Alexander Arbuthnot to revise the rest of the forsaid tractat, and report to the Kirk what doctrine he finds therein.

Sess. 4^a. July 8, 1568.

Anent the excommunication of Papists, and separation of them from the societie of Christ’s bodie, after dew admonitione, refuising to joyne themselffes to the Kirk: It is concludeit, that, after they have receavit sufficient admonitions, according to the order established in particular kirks, and, they yet remaining obstinate, they shall be declareit publickly in all congregations necessar, to be out of the societie of Christ’s bodie, to be excommunicat.

Articles presentit to my Lord Regent.

First, That his Grace knaw the heavie and grievous complaints of ministers against them, to subscryve the assignatiounes through the quhilk they are altogidder disappointed of their stipends, for the assignationes standing, the thirds are not able, as they are ordered, to pay the ministers’ half-year stipends; in some parts, not the quarter thereof.

It is thought ane thing very unreasonable that the Papists, enemies of God’s Kirk and the commonewealth, and utheris that labours not in the ministrie, shall possess freely, without impositione, the third of the benefice, and the Kirk, whilk labours, shall not possess the third.

Herefore, the Kirk desyres that my Lord Regent’s Grace will take sic order that the commone charges might be sustained upon the two parts of the benefice possessed be the Papists, and that the third may remaine frie to be disponit to the Kirk; not that the ministers desyres more nor thair reasonable stipends, but that the superplus might support schools and the poor, according to the will of God; and that the collectors of the Kirk shall yearly make compt thereof, so that my Lord Regent’s Grace and the Councill shall know the dispositioune of the samen.

Item, To schaw to my Lord Regent’s Grace, that there is sundrie benefices vaikand, and specially the benefices of the commones pertaining to Cathedrall and Metropolitane Kirks, that his Grace would put them to qualified men, be the advyce of the Kirk, at this tyme, the Kirk being assembled; utherwayes the Kirk must dispone them as falling to them be reasone of sax moneths past, and nane presentit; and also the kirks of the Nonreys presently vaikand, to put qualified persones to them, as in speciall to Northberrick.

Item, That my Lord Regent’s Grace will give commissione and authoritie to certaine persones for reformatione of the Colledge of Aberdeene, that the corrupt office beirers, Regents and uthers be removit, and uther qualified persones placeit in their rowmes, so that the zouth may be instructed in godliness and guid literature.

Item, To desyre my Lord Regent’s Grace, order to be taken for suppressing of vice; whereby the plague of God may be withdrawne from the countrie, and that his Grace will take diligent care anent the execution of justice againes sic odious crymes as shall be giue his Grace in wreit, be the Superintendants and Commissioners of Countreyes.

Item, That his Grace would cause sic as are appointed of the Councill, conveen with them that are appointed of the Kirk, touching the jurisdiction of the same to decyde therein, that tyme and place may be condescended upon to that effect; and that it be done before the Parliament.

Item, To advyse with my Lord Regent’s Grace and Councill, that in the rowmes and countreyes where no superintendants are, they may be placed.

Item, To understand what may augment or appoynt ministers’ stipends.

Answers to the foresaids Articles be my Lord Regent’s Grace.

Att Edinburgh, the 8th day of July 1568, being on the Secret Councill my Lord Regent’s Grace, my Lord Simple, my Lord Glames, Secretar, Lord Ochiltrie, and my Lord Balmirrynoche.

Anent the complaint maid be the Kirk for default of payment of the thirds of benefices to the sustentation of the ministrie:

The persones addebtit for payment of the same, being at the horne, and no farther diligence to be usit for obtaining of payment, my Lord Regent’s Grace, with advyce of the Lords of Secret Councill, ordayne the thesaurer to receive all letters of horning to be presentit be whatsumever collectors, either of the 1556 yeares crope, or of the 1557, or in tyme comeing; and upon the saids letters of horning, to direct letters of horning to officers of armes, or to the shreffs of the shyres, or uthers ordinare judges, to uptake the escheits of the persones denunced and put to the horne, and of the first and readiest escheats to pay to the collectors the soumes auchtand, for the quhilks the saids persons was put to the horne; friely taking up the remanent to our soveraigne Lord’s use: At the leist takeing so meikle above the valour of the debt auchtand as will make the expenses upon the executione of the letters in uptaking the escheit; So that no expenses in execution of the saids letters be made utherwayes but of the escheit of the persone denuncit.

All commone kirks shall be gine to qualified persons, ministers and els within any prebendaries founded upon the fruits of the teinds of Kirks, as Dumberney, and Ormistoune in Lowthian, as the prebendarie vaiks, to be uptaken be the collectors.

Ordaines ane Commissione to be maid for the reformation of the Colledge of Aberdein, and for placeing of godlie persones masters thairin.

The row of the committers of vices to be presentit to my Lord Regent’s Grace, wha shall cause the Justice-Clerk to proceed in forme of justice againes them.

Item, The Lord Regent’s Grace shall giue warning to the persones nameit in the end of the parliament, to conveine the 8th day of August.

To the sixth head, That fforsuameikle as superintendants cannot be presently appoynted, the Kirk mann appoint commissioners for the same purpose, as they shall think guid to give commission, whill the next Generall Assembly.

To the seventh head, anent the advyse for augmenting of minister’s stipends, was be aduyce of my Lord Regent’s Grace and Councell, the Clark Register, the Laird of Pittarro, and Mr Henrie Balnewis, with foure of the Kirk, as they shall think meit, or any twa of them.

The Regent’s Letters anent the Chaplenries.

Wee understand that there is some chaplenrie properly pertayning to the King’s Majesties presentatioune, and some at this present to be disponit: We heirfore have thought good to require your opinione how we sall proceid in that behalfe presently and in tyme comeing, that ignorantly we doe nothing wherewith the Kirk may justly find fault hereafter. Sic subscribitur,

James, Regent.

Sess. 5^a. July 9, 1568.

Ane Reader was proven and convict for meddling with ane certaine woman, and afterward was verified that the same woman had ane husband livand when the same reader medled with her, but alleadges he knew not the same, and that he had not been in the uther man’s companie ane certaine space before. Att command of the Kirk the reader put away the said woman, who hes been from him the space of ane year or thereabout. This reader desyres to be admittit to his office again, in respect of his bypast conversatione be the said space of ane year, and doe farther what the Kirk will injoyn him. Quæritur?

Answer: After publick repentance according to the order, receive him.

Ane minister convenit be contract with ane certaine vicar, and the vicar sauld his viccarage of the Kirk whill the minister servit, in favors of the minister, and the minister againe promised to pay him ane certaine small sowme at times and dayes for the goodwill of the viccarage, and that in manner of compositione, nomine pensionis; and now ane uther minister accuses this former minister before the Kirk, as ane man unworthie to bruik office, because of the said contract, whilk he alleadges to be simoniall, and the uther protests that he be convict in pena talonis in caise it be not fundine: Quæritur, primum an predictus contractus sit simonis, et si sit, qua pœna puniendus est ille primus minister; Secundo, Si accusator cadet causa, qua pœna est ille puniendus qui illud scandalum suscitavit? Answer: Publick repentance for the accusatione.

Sessio 6^a. July 10, 1568.

It is statute and ordained be the haill Assembly, that ministers, exhorters, readers, or uthers persones hereafter trouble or molest not the Generall Assembly with sic things as superintendants may and aught decide in their synodall conventiones; and if any chances to doe hereafter in the contrare, thir letters shall be receitit.

Touching the Bishop of Orkney’s suspensione from the ministry the last Assembly, and his obedience and submission: The Kirk restores him againe to his ministrie of the word, and alse ordaines him upon some Sonday, when he best may for weakness of his body, to make ane sermone in the kirk of Halyrudehouse, and in the end thereof to confess his offence in marrying the Queene with the Earle Bothwell, and desyre the Kirk there present for the tyme to forgive him his offence and sclander gine be him in doing the forenamed act; the whilk the Bishop promised to doe.

[SEVENTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, holdin at Edinburgh, in the Nether Counsell-house, the 25th of December 1568: In the whilk were assembled the Superintendants, Ministers, and Commissioners of Townes and Kirks; Thanks being gine and inuocatione for assistance of the Holy Spirit be Mr John Knox, minister of Edinburgh. No mention of ane moderator.

Anent the letters receavit from my Lord Glencairne, daited att Glasgow the 21st of December instant, bearing in effect the great zeall his Lordship beares to the glory of God, to the maintaining of an commone cause and instant necessitie of the ministers of Christ’s Evangell, ffor support whereof his Lordship hes put the Kirk in possession of the thirds of the Bishopric of Glasgow, mair regairding the maintaining of the ministrie nor his Lordship’s own profite and commoditie; shawing his Lordship’s great desyre to have been at this present Assemblie if the urgent cause of the common weall now in hands, and als the distance of the place now impedit; promiseing whatsoever beis in this Assembly godlie concludit on, his Lordship will sett fordward the same to the uttermost of his power: Requesting also for the placeing of Mr John Porterfield, now banisched from Dumbartone; as in lyke manner for ane godly learned Inglishman, and for their reasonable stipends; off the quhilk his Lordship’s godlie zeal and benefit bestowit on the Kirk, as also the earnest carefullness for supporting the pastors of Chryst’s flocke, the haill brethren assemblit praisit God unfainedly, and thanks his Lordship maist heartilie, not doubting but the Spirite of the Lord Jesus Christ will strengthen his Lordship vnto the end. As to the two brethren requested for be his Lordship, the brethren assemblit hes gine commission to Mr Androw Hay to place and appoint them according to his conscience.

Because of the rairness of this Assembly, the 25th day of Februar nixt was appointed to conveen on, and letters of advertisement was ordained to be send to every superintendant, whais tennor follows:

The haill brethren presently assemblit, having consideration not only to the bruit and sickness within this burgh, albeit (God be praised) there is no occasione of feare thereof, but also of the great tempest and storme of weather, thought to be universallie within this realme, alswell in the north as in the south, that through feare of the ane and impediment of the other, the Brethren, Superintendants of Angus, Mearns, and Fife, Ministers, Commissioners, and uthers, alsewell of these parts as of the west and south, might not compeir at this Assembly according to the appointment thereof in the last Sessione of the Assembly halden in July last, was thought meit to continow all actions whatsoever unreasonit and undecydit whill the 25th day of Februar nixt to come, and then to haue the haill brethren forsaids to conveen in Edinburgh be themselves, or giue any thing chances in the meanetyme, wherethrough justly they are impedit, thair commissioners sufficiently authorised: give the said day and place please not, the haill brethren or maist part thereof, to reason and conclude all actiones pertayning to the ministrie, to condescend and appoynt some other day and place, not only convenient for the ministers and commissioners of townes and kirks, but also apt for resorting of the nobilitie and privie councill, quhaise presence are very requisite for setting fordward the affaires of the Kirk; and therefore exhorted the saids brethren, ministers, and commissioners of townes and kirks within their bounds respective, as was appointit in the last Assemblie, to conveen in Edinburgh the said 25th day of February nixt to come, as the brethren of the West and South shall be in lyke manner warned thereto. Given in the Generall Assembly and first Sessione thereof, subscribed be the Clerk of the same, day, year, and place foirsaids.

[EIGHTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk conveened in Edinburgh within the Over Tolbooth thereof, the 25th day of February 1568(9), In the quhilk were assemblit the Superintendants, Ministers, and Commissioners of Townes, Kirks, and Universities.

As for eschewing of confusione in reasoning among the brethren convenit, presently, with ane voyce was present chosen Mr David Lindsay to be Moderator for this present Assembly.

Sess. 2^a. Februarii 26, 1568(9).

The haill brethren conveint and assembled thocht meit that ane supplication be presentit to the Supreame Magistrate anent sic persons as hes receavit their benefices in Papistrie, payand now allanarlie their thrids, thinkand themselves therethrough dischargit of all further cure in the Kirk; Requireing at his Grace what order shall be tane anent sic persones. Item, Qwhidder it be lawfull to ane minister of God’s word having benefice, to sett tacks thereof to any particular persone within the parochine or without the same, and if ane law shall be made, that no minister shall sett his benefice to any particular persone.

Item, Ane supplicatione to be made be the Regent’s Grace for reductione of all benefices gine to any persone contrare the act of Parliament or Secret Councill, grantit in fauours of the kirk, or ministers of the same.

The same day, Mr Andrew Blackhall, minister of Ormistoune, was accusit be the Commissioners of the towne of Edinburgh for marrying of ane callit James Hamilton, indwaller of the towne of Edinburgh, with ane Janet Hunter in Ormistoune, without letters testimonialls of their bands proclaiming: againes the qwhilk James, the Kirk of Edinburgh had something to lay for offences committit. After all defences made be the said Mr Andrew, the haill Kirk finds him to have broken the act, That no ministers shall marry the parochiners of ane uther parochine without ane sufficient testimoniall, and so guiltie of the paines contanit therein; not the less the Commissioners and ministers of the towne of Edinburgh made supplication to the haill Assembly that the rigour of the act should not strike upon him, but that some satisfaction should be made to the kirk of Edinburgh at the discretioune of the haill kirk: Whilk supplication the haill brethren acceptit, and ordained that the said Mr Andrew shall compeir before the Sessione of the kirk of Edinburgh on Thursday next to come, and there confess his awne offence, desyreing pardone thereof, with promise of never to offend in sic sort heirafter, under the paines containt in the said act, to be execute to the rigor thereof.

Sess. 4^a. Marche 7, 1568 [9.]

Tenor of the Letter sent be the Duke of Chatlherault his Grace, to the Generall Assembly.

Grace, mercy, and peace, from God the Father, through Jesus Christ, we wische to you.

Brethren, We thocht it expedient to certifie yow that being in France, and hearing the great troubles in this our native countrey, of conscience and dewtie was compellit to come home, desyreous to helpe to pacifie the same at our utter power: First to the glory of God Almightie, and next to the relief of the right sair and lamentable oppressed trew subjects, quhais innocent blood and innumerable heirschips, oppressiones, wrongs and slewths that hes been committit, and daily is upon them, is to us so grievous and intollerable a burden both in conscience and honor, that we refuse not only this our native realme, but also the hale warld or it were not reformit; and albeit in my absence I have sustained wrong, I assure my owne particular naither in blood, lands, nor gear, is so heavie to me as the great danger this haill kingdome stands intill, giue be the grace of Almighty God, and help of the old and natiue Scotts blood, it be not foreseen and relieved in tyme. Heiring of your Conventione, brethren, at this tyme, I have send this bearer to you to declare this to be our full and determinit minde to follow be the grace of God; First, That the word of God may have free passage through this haill realme, and that the sacraments may be ministrat according to the institutione of Christ Jesus his Sone our Saviour: Next, That every true subject of this realme may live without feare upon that whilk is justly his owne, according to God’s calling and commandement. In this cause of this present diversitie of our native Soveraigne and ane pairt of her subjects, ffor the qwhilk we are very heartilie sorrie, and as Almightie God knawes innocent of foirknawledge of any thing, so we would wische all uthers to be the lyke. Our desyre is, that all hostilitie and troubles might be pacified according to the command of God, and that the haill Estates in quiet and peaceable manner may continew, and first calling for his grace and Holy Spirite of righteous judgement, might consider the ground and beginning of this altogidder evill deid, I meane the slaughter of the Queen’s late husband, what hes proceedet thereupon sinsyne, and what God wald of reasone sould be done therefore; and this to be devysed either be the haill estates or 25 of the wysist of the nobilitie chosen be the haill, and to be followit be the whole people of the realme, whereunto we of the nobilitie and all that continews under our obedience to the Queen our Soveraigne, sall for God’s and for the commone weall be found agreeable. I avoyde the wrougous judgement may be spoken that we wreit this to yow because of proclamations that the Earle of Murray hes made in diverse shyres of this realme, to have the people in Glasgow the 10. of March: We would ye should consider we doe it not for that cause: ffor first as ye knaw sen before thir troubles begane we have never been in this countrie before the 25. of this instant Februarii, wherethrough we might haue shawen our minde herein, and all the people of Scotland war gathered together, both for nativeness of blood and for good deserving of my forbears and my selffe, thairs the strenth of the world quhilk I could wishe myself and find me maist sure; and giue the said Earle of Morray wold take upon him to invade me or any of my friends or dependars, or any trew man of this realme, (as I cannot think he will,) then trust I, that the nobilitie or people will not assist him thereto, whill first they finde ane cause worthy, and be declared be the antient lawes of the realme: And though we desyre thir conventions and forces of men of war to be turnit upon the thiefes and oppressors of the realme; whereunto we shall be most ready with our bodies and gear to doe the devoure of noble and trew men; yet, giue he will persevere to persew us, we doubt not in God and the justice of our cause, to finde all the noble and trew men so favourable to us, that it shall not be in his power to doe us wrong upon particular malice, altogether without deserving. Therefore, we require you in God’s behalfe to make some of our affaires and mynde patent unto the people, and giue ye finde not on our pairt socht here, and offerit that our Christiane professione dewlie requireth, that ye come and reasone the same with us, where ye shall finde us reasonable in all causes according to God’s word and equitie, on qwhaies divyne protectione we committ you. Off Hamiltoune, the 27th of February.

Your Christiane Brother,
James Hamiltoune.

After reading of the said letter, the brethren being advysit thereupon answerit to the bearer of the letter, That the Kirk would send some of the brethren to my Lord Regent’s Grace to knaw his pleasure, whidder they should wreit or send ane certaine of the Kirk with Commissione frae the same to my Lord Duke’s Grace, schawing and declareing the opinione of the Kirk touching his Grace’s letter. As for that same, the haill Kirk gaue Commissione to the brethren, Mrs. John Spottiswood, John Wynrhame, and John Row, to passe to my Lord Regent’s Grace, and knaw his pleasure touching the said letter, and thereafter to passe according to his Grace command, to my Lord Duke’s Grace, and conferr with him and uthers of the nobilitie whom they find present, and be all means possible to reconcile the nobilitie forsaid to the obedience of the King’s Majestie and his Regent; and farder to doe as the said Commission proports.

Sess. 5^a. March 8, 1568(9).

It was concludeit be the haill brethren assemblit, that an generall fasting be proclaimit throughout all Scotland, and to begin in Lawthiane, Fyfe, and sic uther places as may receiue advertisement, the 13th day of this instant. Thereafter, the Superintendants and Commissioners of provinces to advertise and begine at sic tymes as they think expedient, and to continow from the first day to that day aucht dayes inclusive; and in the meane tyme to use the exercise accustomed in the Kirk of the first institutione, and als to use sobrietie in eating and drinking in tyme of the exercise.

Moreover, concludeit that all Superintendants and Commissioners of provinces shall hereafter institute and use the same order of fasting, so oft as just occasione shall serve and sall seem meit be their godlie wisdome, without any farther appointment by the Generall Assemblie.

That remedie may be provydit against the oppressione of the Earle of Huntlie and of uthers, who hes deposit the Collectors of the Kirk, and tyrannouslie placit their owne.

That it may please his Grace and the Secret Councill that the Kirk from admonitione may passe to farther censures against the said Earle and all uthers guiltie of the lyke oppression, unto publick excommunication, in case of his and their contempt.

That the Kirk, without offence of his Majestie, may appoint their brother Mr Robert Pont where that his labours may be more fruitfull than they can be for this present in Morray.

That order may be taken that sic odious crymes as this day provoks God’s displeasure against the haill land, may be punished as God hes commanded: giue his Grace send us to the Justice Clerk, experience hes teached us sufficientlie what he hes done in any sic matters.

The Kirk requyres that aines the jurisdiction thereof may be separate from that whilk is civill.

That the questione of adulterie may once take effect; at leist a decisione in that heid—whether the adulterer shall be admittit to the benefite of marriage or not.

[NINETEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk conveint in Edinburgh, and Nather Counsell-house of the same, the 5th of July 1569: In the quhilk were present the Superintendants, Ministers, Barrons, and Commissioners of Townes and Kirks.

For eschewing of confusione quhilk might chance in reasoning amongst the brethren presently conveint, with ane voyce was choysen for Moderator, William Chrystesone, minister of Dundie, for this Conventioune, who being present acceptit the office on him.

Sess. 2^a. July 6, 1569.

Anent the defence gine in the Assemblie halden in December 1567, be Mr John Craige, ane of the ministers of Edinburgh, touching the proclaiming of the Queene and Earle Bothwell, the said defence being publickly read, the haill poynts therein conteint be the haill Assembly maturely considerit; It was funde be the haill brethren that he had done the dewtie of ane faithfull minister, and had committed nothing sclanderous to sic as hes righteous judgement, in respect of the defence forsaid, quhilk was fund both godlie and sufficient for declaration of his innocencie thereanent, quhilk the haill Assembly declarit and testified, and ordained the same to be notified to all and syndrie.

Sess. 3^a. July 7, 1569.

Anent the punischment of adulteries, murther and uthers criminall and capitall crymes quhilk deserves death, &c. Whether the supreame Magistrate aught first to declare his minde of his satisfactione and admissione, or if the Kirk shall receave them to repentance before the declaratioune of the Magistrats will?

Anent persones guilty of capitall crymes fund the Superintendants, Ministers, Elders or Deacons of reformit Kirks, to compeir to this Assembly or any uther hereafter, and the saids persons fund not compeirand, the Kirk ordaines the saids Superintendants or Ministers to proceed to excommunication against them, and to notifie to the Supreame Magistrate so many as for the offences are alreadie excommunicate, that further punischment may be execute.

Certaine of the Articles presented to my Lord Regent.

That order may be tane for the sustentation of the poor, and that ane portion of the teynds be appointit for that effect. And in like manner, that the labourers of the ground may have intromissione to lead their owne teynds upon reasonable compositioune.

Item, That sic as hes pluralitie of benefices may be compellit to dimitt all save one.

Item, That remedie may be provided for chaiping and changing of benefices, and selling of the same, dimminisching of the rentall, of setting of lang taks in defraud of the Kirk, and that all taks sett sen the assumption of the thrids may be disannullit, with express inhibitioune agains the same in tyme to come.

Item, That the jurisdiction of the Kirk may be separate from that quhilk is ciuill.

Anent this article, my Lord Regent’s Grace ordaines the persones nominat in the act of Parliament to conveine the tyme of the nixt chekker, and defyne and limitat the said jurisdictione according to the word of God and the said act. Extract. ex libro actorum secreti concilii.

Alex. Hay.

The tenor of the Act made for Assignatioune of Stipends.

Forsuameikle as this lang tyme bygane the ministers hes been universallie defraudit and postponit of their stipends, and now at last it hath pleasit God to move the hearts of the superiour power and Estates of this realme to grant the thrids of the haill benefices within this realme to the ministers of Christ’s religione be plaine and publick proclamation, as at mair lenth is conteinit in the said Parliament, holden at Edinburgh in the moneth of December 1567; In respect quhereof the Kirk presently convenit finds it maist needfull and expedient, that all Superintendants, Ministers, Exhorters, and Readers, shall have their owne particular assignations appointit to them, to receave the same frae the hand of the laborers, taxmen, or uthers addebtit in payment of the saids thirds: And therefore the Kirk in ane voyce, be this act, gives their full power and commissione to every Superintendant and Commissioner of Kirks within their owne bounds, as they shall find the same expedient, under the Superintendant’s subscriptione and ministers foresaids, with all clauses needfull and expedient thereto, quhilks sallbe alse sufficient as if the same were specifiet be the Generall Assembly of the Kirk. And as concerning the Superintendants and Commissioners of Kirks, their provisione and assignatione to be made be the Generall Assembly of the Kirk.

And to the effect this act may take full perfectione, the Assembly present requyres maist humbly, my Lord Regent’s Grace and Secrett Councill, to interpone their authoritie thereto, that the assignations forsaids, generall and particular, as they shall be presentit to his Grace, may be specifit in forme of provisione ad vitam, under the Privy Seal, with ordinance thereupone, that Letters may be direct at every man’s instance, under all the four formes, as is grantit to the possessors of the twa part; and alse to the same end, that his Grace and his Counsell forsaid wald decerne the thrids of the benefices forsaids within this realme, to be separate and devydit reallie and with effect, from the twa part, so that the Kirk may intromitt with the thrid part, as the possessors does with the twa part, the superplus always to be comptable to the commone effaires, conforme to the act of Parliament.

Sess. 5^a. July 9, 1569.

My Lord Regent’s Letter to the Assembly.

After our maist hearty commendations; Seeing we are not able to be present at the Assembly now approachand, as our intentione was, We thocht it convenient, brieflie to give you significatioune of our meaning in wreit, of the quhilk we pray you to take good consideration, and, accordingly, to give your advertisement. Ye are not ignorant, as we suppose, what has beene the estate of the Kirk of God within this realme, baith before we acceptit the burding of regiment and sinsyne: How, first, the thirds of benefices war grantit to the ministrie, thereby partlie relievit and sustainit in sic sort, that nothing inlaikit that our travells could procure. The first order, indeed, was divers wayes interruptit and brokin in, but chiefly in that year when we were exyled in England, quhairthough that year the haill ministers war frustrate of their livings. Shortly, in the estate of Government altering at God’s pleasure, and the King our soveraigne being inaugurat with the crowne of this kingdome, the first thing we war careful of was, that the trew religion might be established, and the ministers of the Evangell made certain of their livings and sustentatione in tyme comeing: ye knaw, at the parliament we war maist willing that the Kirk sauld haue been put in full possessione of the proper patrimonie, and toward the thrids we expeded in our travel, and inlaikit only a consent to the dissolutione of the prelacies, whereunto, although we were earnestly bent, yet the estates delayit and wold not agree thereunto; and sen that tyme to this houre, We trust we will affirme, that we have pretermittit nothing that may advance the religione, and put the professors thereof in surtie, whereanent the haill and only inlaike hes been in the ciuill troubles that God hes suffered the countrie to be plagued with. Now, the matter being, after so great rage, brought to some stay and quietness, it was convenient that we returne where matters left and prease to reduce them to the estate they stand in. Ane thing we must call to remembrance, that at sic tyme as we travellit in the parliament to cause the estates to agrie, that the thrids should be decernit to pertaine to the ministrie, they plainly opponit them to us in respect of the first act, alleadgeand, that, with the sustentation of the ministrie, there was also regard to be had to the support of the puire, in sustaining of the public chairges, quhilks, if they had not some reliefe be that meine, the revenue of the crowne being so diminisched, and the ordinare charges cume to sic grytnes, on force they wold be burdenit with exactions; and so this dangerous argument compellit us to permitt to the estates, that we wold take upon us, the act being grantit to the Kirk, they should satisfie and agrie to ony thing sould be thocht reasonable, for supporting of the public charges of the prince. And, according to this, the Commissioner Deput for the affaires of the Kirk agriet to certaine assignations of the thrids for supporting of the King and us bearing authoritie; quhilk order had been sufficient for the haill, give the ciuil trouble had not occurrit; yet the disobedience growand so universallie, we are content to sustaine ane part of the inlaik and loss for the tyme past. But because there hes bene murmure and grudge for that thing assignit to the King’s houss and ours, and some other needfull things in the State, as that thereby the Ministers were frustrate of their appointit stipends, some communicatione was had at St Androis, and nothing yet concludit qwhill the Generall Assembly of the Kirk, quhilk now moves us wreit to yow in this forme, prayand yow richtlie to consider the necessitie of the cause, and how the same hes proceeded frae the beginning, haveing respect, that the Kirk will not be very well obeyit without the King’s authoritie and power, and that now the propertie of the Crowne is not able to sustaine the ordinarie chairges. How in the beginning the thrids had not been grantit giue the necessitie of the prince had not been ane of the chief causes; and at the parliament, the estates, as we have before written, stak to consent that the haill thrids sould be declareit to pertaine to the ministrie, whill first we take in hand, that they being made without conditione in favours of the Kirk, the same wold againe condescend to so meikle as wold be sufficient to the support of the publick affaires, in furthsetting of the King’s authoritie, and that therefore we will agrie and condescend to ane certaine and speciall assignatione of it, that sall be imployit to this use: The quantity qwhairof, diverse of your selves and the beirer heirof, Mr John Wood, our servant, can informe you, that after ye may distribute to everie ane haveing chairge in the Kirk of God his stipend, according to the conditione of the place he serves in, according to your wisdomes discretione. Hereby, all confusione that lang hes troublit the estate of the Kirk toward the stipend, shall be avoidit, and some speciall provision being made for sustaining of their publick chairges, we may the better hald hand to sie the Kirk obeyit of that whereon the ministers should live, as ye shall reporte. That dureing our travells in the north countrey, they have found our effectious good will, and travellit in their furtherance. Farder, we man put yow in minde brieflie of ane matter that occurrit at our late being in Elgine. Ane Nicoll Sudderland in Forres was put to the knawledge of ane assyse for incest, and with him the woman: the assyse hes convict him of the fault; but the question is, whether the same be incest or not, so that we behovit to delay the executione whill we might have your resolutione at this Assemblie. The case is, that the woman was harlot of before to the said Nicoll’s mother brother. Herein Mr Robert Pont can informe yow mair amplie, to whais sufficiencie we remitt the rest. Mair over, at our coming at Aberdeen, there came ane named Porterfield, minister, provydit of before to the Viccarage of Ardrossane, and required also of us, that he might also have the viccarage of Steinsone, seeing both was ane matter meine aneuch to sustaine him, and because the kirks war neir, he might discharge the cure of both. We haveing him commendit be diverse great men to the same, but thocht guid to advertise yow that this preparatione induce not evill example and corruptione; alwayes, in caice sic things occurr hereafter, let us understand what ye would have us to doe, as in lyke manner, towards the chaplanries shall happen to vaike; whereanent, because there is no certaine order, and some confusione stands, some desyrand them for lyftyme, some for inffants that are not of the schooles, and some for seven yeares. We are sometyme preasit to receave or confirme assignationes or admissione of benefices, the preparature whereof appears to bring with it corruptione, and so we would be resolvit how to proceed. Before our comeing from Fyfe, and sinsyne, we have beene very willing to doe justice on all suspect persones of witchcraft, as also upon adulterers, incestuous persons, abusers of sacraments, quherin we could not have sic expeditione as we would have wisched, because we had no uther probabilitie whereby to try and convict them but ane generall delatione of names; the persones suspect not being, for the maist part, tryit and convict be order of the Kirk of before. This hinderit many things that utherwayes might have been done; and therefore we pray you appoynt and prescryve, how the judgement of the Kirk may proceed and be execute against all sic trespassers, before complaint be made to us, that when we come to the cuntrie, we may cause execute the law, and be relievit of the tryall of inquisitione heiranent. We thocht expedient to give yow this for advertisement; and so remitts the haill to your care and diligence, committs yow in the protectione of Eternall God. Aberdeene, July ultimo, 1569. Your assurit ffriend,

James, Regent.

Articles and their Answers.

To the Questione, whether the cryme before specifiet, committit be Nicoll Sudderland, be incest or not? Answerit, The Kirk finds it incest, and so hes resolvit.

Item, Anent the Chaplanries that shall happen to vake? Annswerit, The Kirk agriees that they be disponit to Colledges or to the puire, conforme to the act of Parliament, and no utherwayes.

[TWENTIETH GENERAL ASSEMBLY.]

The Generall Assembly being appointit in Strevilling, February 25, be reason of troubles falling out be the slaughter of my Lord Regent’s Grace, was continueit till the first of Marche, and begunne in Edinburgh the said day, 1569(70), in the Tolbuith thereof; where was present the Nobilitie, Superintendents, Commissioners to plant Kirks, Ministers, and Commissioners of Kirks and Townes. The Sermone and Prayers made be William Christisone, Minister of Dundee, last Moderator.

Ordour to proceed in the Assemblies.

First, That he who is moderator in the last Assemblie, shall make the prayer and exhortation in the Assembly thereafter following; whilk endit, the Kirk proceedit to the chuseing of a new moderator, quho shall continue make prayers and exhortations as said is, and so furth, from Assembly to Assembly.

Secondlie, The tryall of Superintendants and Commissioners for planting of Kirks, with the accusationes, if any beis, be Superintendants, Commissioners, or any uthers, against ministers.

Thirdlie, The penitent committit to the Superintendants or ministers at the last Assembly, to be receavit according to the ordour appointed be the last Assembly, and alse to give injunctions to uthers notorious criminall persones, that aither are fund be the Superintendant, Commissioner of the Kirk, or of their own freewill, moveit be hatreit of their cryme, presents themselffs in the Generall Assembly.

Fourthlie, To decerne upon sic things as aither was undecydit at the preceidand Assemblie and remittit to this, or else referrit hitherto, be the Lords of Sessione, Auditor of Chekker, or any uther wayes.

Sessio 2^a. March 2, 1569(70).

The haill brethrene convenit, in ane voyce, for eschewing confusione in reasoning, chuse Mr John Craige, ane of the ministers of Edinburgh, to be Moderator in this Assembly, and to make the prayer and supplicatione in the beginning of the next Assembly, according to the order appointit.

Anent the complaint gine in be Thomas Smith in Ochiltrie, againes Mr John Smyth, minister in Ochiltrie, for debarring the said Thomas from the Lord’s table, because he removeit ane shoe off ane horse upon ane Sonday afternoone in Ochiltrie, where neither preaching nor publick prayers was. After long reasoning, the said Thomas was ordainit to be receavit to the participatione of the Lord’s table, and uther benefites of the Kirk, hereafter, notwithstanding of the alleadgit fault abovementionat.

The Kirk ordaynes sic persones as are convict of incest or adulterie, and hes not stubbornly contemnit the admonitions of the Kirk, nor sufferit the sentence of excommunication for their offences, shall make publict repentance in sackcloath, at their owne kirks, bairheaded and barefooted, three severall dayes of preaching, and after the said third day, to be receavit in the societie of the Kirk, in their owne cloathes. The uthers that hes been excommunicat for their offences shall present themselves bareheaded and barefooted sax preaching dayes, and the last, after sermone, to be receavit in their owne cloathes, as said is.

Sessio 3^a. March 3, 1569(70).

Anent homicids, incestuous persones, and adulterers not fugitive from the lawes, but continuallie suteing to be receavit be the Kirk to publick repentance; after long reasoning, with mature deliberatione, the haill brethren presently assembleit, concludit, that all sic persones, humbly suiting, shall be receavit, to give the signes of their repentance in their awne kirks, according to the order appoyntit before, at qwhilk tyme the minister shall publickly notifie their crymes, that thereby the civill magistrates may know the crymes, and pretend no ignorance thereof.

Give they be excommunicat for their offences, they shall stand bareheaded at the kirk doore, every preaching day, betwixt the Assemblies, secluded from prayers before and after sermone, and then enter in the kirk, and sit in the publick place bareheaded, all the tyme of the sermons, and depart before the latter prayer.

The uthers that are not excommunicat shall be placeit in the publick place where they may be knawne from the rest of the people, bareheaded the tyme of the sermones, the minister remembering them in his prayer in the tyme after preaching; all the saids persons to bring their ministers’ testimonialls to the next Assembly of their behaviour in the meantyme, according to the act made thereupon be the Kirk in the 2d Sessione, halden July 7, 1569.

Anent the complaynt of the parochiners of the kirk of Kilmenie for wanting of ane minister to preach God’s word and minister the sacraments, the haill Kirk concludes, that in respect of the number of qualified and learnit men of the auld Colledge able to preach, and also the nearness of the said Colledge to the said kirk, That some of them shall either preache and minister the sacraments to the people, or else injoyne uthers to doe the same qwhill farder order be taine.

Sess. 7^a. March 3, 1569(70).

Anent Robert Lickprivick his supplicatioune for support of the Kirk in his office of printing: The Kirk haveing respect to his povertie, the great expenses he hes made in bying printing irones, and the great zeal and love he beirs to serve the Kirk at all tymes, hes assigned to him, ffyftie punds yearly, to be payeit to him out of the thrids of the Kirk, be the Collectors underwritten, viz. the Collector of Lowthiane 20 łb., the Collector of Fyfe 20 łb., the Collector of Angus 10 łb.; Quhilk soume the auditors of the compts for the Kirk shall thankfully allow to every ane of them.

Sessio 8^a. March 9, 1569(70).

It is statute and ordanit that no minister, provydit or heirafter that shall be provydit to benefices, sett in tack any manner of way, their gleib or manse, neither yet any part of the fruits or emoluments thereof, in diminutione of their rentalls, under the paine of depryving from the benefice for ever; decernyng also the tacks sett in manner forsaid, to be null and of none effect as done be him that hes no power.

Sessio 9^a. March 11, 1569(70).

Quhat shall be done to them that will not forbear the company of persones excommunicat, after dew admonitions? To be excommunicat except they forbear.

The children of the excommunicat persones to be receavit be ane faithfull member of the Kirk to baptisme.

Ane single woman committing adulterie with ane married man should be equally punished.

Quhair a man repudiats his wife and bairnes without ane cause, and no wayes will receave her againe, the minister should labour for reconciliatione, and the pairtie offendit complaine to the judge competent.

Ane promise of marriage made before the readers and elders in ane reformit kirk, the parties contractit compeirs before the Minister and Sessione, requires their bands to be proclaimit; quhilk beand done, the Kirk finds carnall copulatione to have followit, be confessione of baith parties: when the Kirk requires them to proceid to the solemnizatione, the woman refuses.

Admonische the refuisand to solemnize the marriage, or else to gett ane decreit from the judge competent, that they should not marrie, under the paine of excommunicatione.

Persones, after promise of marriage and proclamation of the bands, desyrand to be frie from the bands, no carnall copulatione following, should be free, si res est intergra, and their inconstancie punishit.

It is not lesum for ministers to leave their vocatione and use other offices and chairges within the commone weill, without consent of the Kirk; and in tymes cumeing, it is needfull that all them that serves in the ministrie be publickly inaugurat.

[TWENTY-FIRST GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, halden at Edinburgh in the Nether Councill House, the 5th day of July 1570, quhair was assembleit the Nobilitie, Barrones, Superintendants, Commissioners of Kirks, Provinces, Townes, and Ministers: the prayer made be Mr John Craige.

The haill brethren presently conveint, chuse Mr Robert Pont Moderator for this Assembly.

Penitents that, for their offences, resorts to the Generall Assemblie, either to receive injunctions for to schaw signes of their repentance, or that sould present themselfes before the same in linnen cloathes and receave farther injunctions, that they be warnit to compeir the second day of the Assembly peremptorlie.

Ministers, at their publick inauguration, shall protest solemnlie that they sall never leive their vocatione any tyme thereafter under the paine of infamie and perjurie.

Anent the tryall of young children, and how they are brought up be thair parents in the trew religion of Jesus Christ: It is ordainit, that ministers and elders of kirks shall, universallie within this realme, take tryall and examine all young children within their parochines that are come to nyne years, and that for the first tyme; thereafter, when they are come to twelve yeares for the second tyme; the third tyme, to be examined when they are of fourteen years, wherethrough it may be knawne what they have profited in the schoole of Christ from tyme to tyme.

Sessio 3^a.

It is ordained, be reasone of the great troubles fallen out lately in this realme be defectione of some from the King’s Majestie’s lawfull authoritie, that certaine brethren be sent from the Kirk to all sortes, Earles, Lords, Barrones, and gentlemen whatsumever, that hes made the foresaid defectione, and travell with them be all meanes possible, to reconcile them to the lawfull obedience of his Majestie, and to certifie them that disobeys, that the haill Kirk will use their sword against them, quhilk God’s word hes committit to them. Commissioners for that effect—Mr Andrew Hay and Mr David Lindsay, to my Lord Duke’s Grace, the Earles of Argyll, Eglintoune, Cassills, the Lord Boyde, and uthers barrones and gentlemen that they can gudlie meit with within the wast parts; The Laird of Dunn, Superintendent of Angus and Mernes, to the Earle of Crawford, the Lord Ogilvie, and their assisters: Qwhilk Commissioners war commandit to report their answers to the next Generale Assemblie.

Sessio 4^a.

The controversie in St Androis betuixt Mr Robert Hamiltoune, minister there, and his Colleges on the ane parte, and Mr James Carmichael and his Colleges on the uther parte, is traitit and discussit be the Assembly of the haill Kirk, because the same concerns doctrine, sclander that may rise therein, or discipline of the Kirk.

Cloakers of adulterie sould be callit and convict; and if it be fund that they have cloakit publick adulterie after their knawledge, then let the law haue place. Consentientes et agentes pari pœna puniantur.

Quhen a woman beares a bairne to a certain man, and, in the tyme of her birth, before the midwife, alleadges the bairne to be this man’s, and beand callit before ane judge, beand readie to sweir the same, and this man is ready to swear the contrare, and that he never had carnall dealings with this woman, and there is no other witness, Whether shall credence be gine to the man’s oath or to the woman’s? and shall the bairne be left without ane father knowne?

Answer, Neutri credendum.

All things being done that the civil ordour requires of them that withhalds the dewtie of the Kirk, whereby the ministers wants their stipends, the Kirk may proceed to excommunication for their contempt.

Sessio 5^a.

Compeirit Mr James M‘Gill of Rynkelour Nather, Clark of Register and Counsellor to our soveraigne Lord L., John Ballantyne of Auchnouchill, Knight, Justice Clark, and Mr Archbald Douglass, ane of the Lords of the Colledge of Justice, who, in presence of the haill Assembly, proponit in my L. Chancellor’s name, how his L. had understand that in the contraversie amongst them in St Androis there was continwet some heads tending to treasone and against the King’s Majestie’s authorities, Therfore requirit the Kirk presently assemblit to superside all devisione in that matter concerning the King’s Majestie, untill the tyme the nobilitie conveine, qwhilk will be within ten days, before whom that heid aucht to be sichted; nottheless that the Kirk proceed to sic things therein as pertayns to their owne jurisdictione; unto the qwhilk protestation the Kirk agriet.

The said day the haill Kirk presently assemblit, in ane voyse and mynde, gives full commissioune and power to the honorable their brethrene, John Erskine of Dunn, knight, superintendant of Angus and Mernes, Mrs John Wynrhame and Spottiswood, superintendants of Fyffe and Lawthiane respective, Mr James M‘Gill, Rankelour Nather, Clark of Register and Counsellor to our soveraigne Lord, Mr John Knox and John Craige, David Lyndsay of Edinburgh and Leith, ministers, the proveist of Dundie, Mr Thomas M‘Allzean, The Lairds of Balvaird, Spott, Braid, Carnaill, Dreghorne, Lundie, Howstowne, Drumqwhassell, Coldenknows, Carden, Fawdensyde, Thorntowne, Inchbrakie, David Forrest, Generall of the Conzie, David Ramsay of Dundie, Patrick Morray in St Johnstowne, and Robert Campbell of Kinzeaunclewghe, or any eight or seven of them, To compeir in Edinburgh the VI of this instant moneth of July, with continuatione of dayes, so oft as the nobilitie of this realme shall conveine betwixt this and the next Generall Assembly of the Kirk; and there, in name and behalf of the haill kirks of Scotland, propone and present to the said nobilitie, articles, heids, supplicationes, and complaints, such as the said Kirk hes pennit and delyverit to the said brethren, or hereafter shall, before the next Generall Assembly, delyver maist humbly in their names, to require answer and grant to their articles and supplicationes, and with redress of their complaintes according to equitie and justice, To assist, concurr, and consent to all and whatsumever shall be treatit in the said conventione tending to the setting forward of the glory of God, preaching and maintaining of trew religion within this countrie, King’s Majestie authoritie, commonweall and authoritie of this realme: As also to take cognitione in all and whatsumever complaints, supplications, and requests of brethren speciallie remittit to them be this Assembly; and whatsumever beis done be them in the præmises, to report the same to the nixt Generall Assembly of the Kirk to begine in Edinburgh the first day of March nixt to come, ffirm and stable haldand and for to hald, all and whatsumever the saids brethren any aucht or sevine of them in the premises leads to be done. The Kirk presently assemblit, for certaine causes moving them, discharges all and sundrie assignationes and pensiones grantit be the Kirk dureing their will, to whatsumevir persone or persones before the date heirof, and ordaines the Collector of the Kirk to intromett therewith heirafter, and to put inhibitione to all them that heretofore hes had any sic assignationes or pensiones, except that whilk is assignit to the King’s Majestie’s hand allanerly.

[TWENTY-SECOND GENERAL ASSEMBLY.]

The Generall Assembly, halden at Edinburgh the 5th of Marche 1570(71), In the qwilke war present the Barrons, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Universities, Towns, Kirks, and Ministers, Mr George Hay was chosen Moderator be the suffragis, to make prayers in this Assembly and exhortation in the beginning of the nixt.

Sess. 1^a.

The Kirk assemblit ordains all superintendants and commissioners to plant kirks, to present hereafter, their books of their visitationes, every ane within their province respective, to every Assembly heirafter following, to be sichted and considerit be sic brethren as shall be appointit thereto, fra Assembly to Assembly, To the effect the Kirk may knaw their diligence in executing their offices within thair provinces. The Kirk finds fault that Mr John Rutherfurde, minister at Cultis, hes not done diligence in serving the said cure at leist certaine tymes in the year, admonisching him therefore to amend the said fault in tymes comeing, wtherwayes the Kirk will proceed against him as ane neglector of dewtie.

Sessio 2^a.

Articles pertayning to the Jurisdictione of the Kirk, to be proponit to the Regent’s Grace and Secret Councill, and socht to be appointit be them.

1. Ffirst, that the Kirk have the judgement of trew and false religion or doctrine, heresies or sicklyke, annexit to the preaching of the word, and ministratione of the sacraments.

2. Electione, examinatione and admissione of them that are admittit to the ministrie, or uther ffunctions in the Kirk, charge of sawls, and ecclesiasticall benefices, the suspensione and deprivation of them therfrae for lawfull causes.

3. All things concerning the discipline of the Kirk, whilk stands in correctione of manners, admonitiones, excommunicationes, and receaving to repentance.

4. The judgement of ecelesiasticall matters betwixt persones that are of the Kirk, and speciallie among them that are constitute in the ministrie, alseweell concerning beneficiall causes as uthers.

5. Jurisdictions to proceid be admonitiounes, to the process of excommunication, if neid beis, against them that robbs the patrimonie of the Kirk pertaining to the ministrie, or utherwayes intromitts therewith unjustlie, whereby the ministrie is in danger to decay, be occasion of the povertie of the ministers.

6. And because the conjunctione of marriages pertaynes to the ministrie, the cause of adherents and divorcements aucht also to pertaine to them, as naturallie annexit thereto.

Adulterers, incestuous, and homicids, war ordainit to repair towards their own ministers, there to receave their injunctions, whill the next Convention Synodall of the Superintendants or Commissioners of their own provinces respective, and there to present themselve in linnen cloathes, bareheaded and barefooted, humblie requestand the Kirk there assemblit to receave them to the societie of the faithfull, with farther injunctions, and to bring their testimonialls from their ministers of their behaviour in the mean tyme.

Sessio 3^a.

Forsuameikle as it hes been ordainit be the Generall Assemblies, that all adulterers, murtherers, incestuous persons, and uthers committers of hainous crymes, first sould present themselves to the Generall Assembly, there to resave their first injunctione, and at the next thereafter following, to present themselves in linen cloathes, &c.; And forsuameikle as diverse of the saids offenders partly are far distant frae the places of Generall Assemblies, uthers for povertie and deidlie feids may not nor dare not travell through the countrie to present themselves before the saids Assemblies: for thir causes and uthers considerationes moveing the Kirk presently assemblit, they statute and ordaynit that all sic offenders sall be callit heirafter be the Superintendants and Commissioners of provinces, to compeir before them in their Synodall conventions, to be halden be them twyse in the yeir, to receave and take their injunctions, conforme to the order usit before the Generall Assemblies in all sorts.

The haill Kirk assemblit ordaynes, that all questions heirafter be proponit and presentit to the Superintendants and Commissioners forsaids in the saids Synodall Conventions, there to receave their solutions; and gif any questione happins to be hard for them that shall happen to be at the said conventione, then, and in that case, the Superintendant or Commissioner of Kirks, present the said hard questions to the Generall Assemblie, there to receave solutione in their roome, according to the rule; with certification that no questions hereafter shall be receavit in Generall Assemblies from particular ministers.

Sessio 4^a.

The Kirk assemblit statutes and ordaynes, that all marriages be made solemnly in the face of the congregation, according to the ordour published; and also inhibits all ministers and exhorters, that nane of them solemnize marriages of any persones of uthers congregationes nor their awne, without sufficient testimonialls from their ministers, or else licence askit to obtaine it be the contractors, under the pains establishit before, against the ministers and contractors, with their parents, to make publick repentance at the commone pillar of repentance, at the discretione of their awne kirks.

Sessio 5^a.

The Kirk assemblit ordayns all ministers to inhibit all civil magistrates to hald their courts within Kirks; if need bees, to admonishe.

The Kirke ordaines all Superintendants and Commissioners to plant kirks in their first Synodall conventions hereafter following, with the advyse of their ministers, to reason and appoint publick fasting if it shall be thought necessar; and also that they appoint certaine brethren to creat unitie and concord among the nobilitie of this realme.

Compierit in Assemblie, Mr Robert Wynrahame, collector of Fyfe, and schaw how he was purgit be ane condigne assyse before the civill magistrat, for the slauchter of Thomas Kinries, citicen in St Androis; nevertheless, because the blood was sched against his will, allwayes he willingly offerit himself to the Kirk for satisfaction of the Kirk.

The Kirk ordaines Mr Robert Hamiltone, minister of St Androis, to declare, after the sermone upon ane Sonday, the purgation of the said Mr Robert of the slaughter, and, therefore, call upon him to repaire before the pulpit, exhorting him to enter in consideration with himself, according as is contenit in the book of excommunication, and thereafter to humble himself, ask God, the congregation, and the partie, pardon, and to uthers that were sclanderit with the fault, &c.

Anent excommunicat persons for now adhereing to the established religion, and not joynit thereto of before, yet nottheless, presently of their awne frie will, submitts themselves, and requires to be receavit in the societie of the faithfull. The Kirk ordaines the saids persones to be receavit be the minister in low and humble habite, with sackcloth, observing the order prescryvit in the book of excommunicatioune in all uther poynts.

Quhair ministers are not in practise of excommunicatione, or will be contemnit in their executiones, it is necessar that the Superintendant, or some uther sufficientlie qualified and authorised, use the same.

If it be lisum to the minister to proceed against the magistrats who will not put to execution the acts of Parliament concerning discipline, and uther particular acts universallie agreit upon be their owne particular congregatione, with the sentence of excommunication?

This is else concludit; admonitions passing dwely before, against them.

Promise of marriage, per verba de futuro, sall be made, according to the ordour of the reformit Kirk, be the minister, exorter, or reader, takand cautione for abstinence till the marriage be solemnizat.

If ane man ravishe a woman against her will, and her parents, and strike her parents under silence of night, and the magistrat will put no correction thereto, Qwhither if the Kirk sould proceed with monitors and excommunicatione to satisfie the sclander? It is lawfull.

Qwhat order shall be taken with her, who, committing fornication with a man, does suffer the same man heirafter to marrie her own sister, and, hearing the bands proclaimit, wad not reveall the impediment, but, be concealing of the cryme, was guiltie of the incest following? Answer, Baith he and she to be punishit according to the discipline of the Kirk, but chiefly the man, and the second cannot be his wife.

Qwhat order shall be taken with them that impugnes proclamation of bands, and chieflie be infamie, and proves not? Let sic persones be punischit according to the discipline of the Kirk as infamous.

It is altogether unthankfull be any minister of God’s word, to receave any benefice be the presentation of a laick persone patrone, under pactione and condition made with the patrone thereof, tending to simonie, viz., that the patrone have the great part of the teinds and the minister the small portione thereof.

What order shall the Superintendant take with a man that hes suitit libertie to marrie thir three or four yeares, being, before his owne particular kirk, inhibited to marrie, because he deflorit a virgine, being his own servant, lest he wald take her to his wife, seeing the judiciall law is not yet receavit, and alse the man hes her discharge of marriage under the forme of instrument before the decreit was pronuncit against him be his awne particular kirk, all things being trew according to the narrative? It is thocht the decreit gine for sic ane cause may be reduced be the Superintendant, and the man may obtaine liberty to marrie: yea, and there is injurie done to him alreadie.

[TWENTY-THIRD GENERAL ASSEMBLY.]

The Generall Assemblie, begun and holdin at Striviling the 6th of August 1571: In the qwhilk war present the Superintendants, Commissioners to plant Kirks, Barrones, Ministers, Commissioners of Provinces, Townes, Universities, and Kirks. Mr Gilbert Gairden chosen Moderator.

Sessio 1^a.

Mr John Knox Epistle.

The mightie Spirit of comfort, wisdome, and concord in God, remaine ever with yow.

Deare Brethren—If abilitie of bodie would have sufferit, I sould not have troubled yow with this my rude inditement. I have not forgot what was layed to my charge, be famous lybells, the last Assembly, and what a brag of adversaries maid personall to accuse at this Assembly, qwhilk I pray you patiently to heare, and judge of me as ye will answer to God; ffor unto yow upon that heid, submit I myself, being assurit that I neither offendit God nor good men in anything that hitherto hes beene layed to my charge. And now, brethren, because the decay of naturall strength threatens unto me certaine and suddaine departure frae the miserie of this life; of love and conscience I exhorte yow, yea in the feare of God I charge and command yow, that ye take heed to yourselffis, and to the flock over the qwhilk God hes placit yow pastors. To discourse of the behaviour of yourselffis, I may not; but command yow to be faithfull to the flock, I dare not ceass. Unfaithfull and tryitors to the flock shall ye be before the Lord Jesus, if that with your consent, directly or indirectly, ye suffer unworthie men to be thrust into the ministrie of the Kirk, under what pretence that ever it be. Remember the Judge before whom ye must make account, and resist that tyrannie as ye wald avoyd hell fyre. This battell, I grant, will be hard; but, in the second poynt, it will be harder; that is, that with the lyke uprightness and strength in God, ye withstand the merciless devorers of the patrimonie of the Kirk. Give men will spoyll, let them doe it to their owne perrell and condemnatione; but communicat ye not with their sins, of what estate that ever they be; neither be consent nor yet be silence, but, with publick protestatione, make this knawne unto the world, that ye are innocent of sic robberie, qwhilk will, or it be lang, provock God’s vengeance upon the committers thereof, whereof ye will seek redress of God and man. God give you wisdome and stout courage in so just a cause, and me ane happie end. Att St Androis, 3d August 1571.

Your brother in Christ Jesus,
Johne Knox.

Sessio 2^a.

The haill Assembly concludit that certaine brethren, Commissioners shall passe to my Lord Regent’s Grace, Councill, and Parliament, to reasone and conclude upon the heids, articles, and desynes, presentit in his Grace’s name to this Assemblie, to propone, humblie requeist and desyre, in the Kirk’s name, the granting of sic heids, articles, and redress of complaints, as shall be given to them be the Kirk;—the ane and the uther to be concludit alwayes on, conforme to the instructions to be delyverit to them. Commissioners, John Erskine of Dunne, Knight, Superintendant of Angus and Mernes; Mr John Spottiswood, Superintendant of Lawthiane; John Wynrahame, Superintendant of Fyffe; John Row, Commissioner of Nythsdale and Gallaway; Andrew Hay, Commissioner of Ranfrew and Lennox; George Hay, Commissioner of Aberdeene and Banmff; David Lindsay, Commissioner of Kyle, Carrick, and Cunninghame; David Fargysone of Dumferling, John Dunkesone of the King’s Majestie’s house, ministers: John Ogilbie, Ennerquharetie, Knight; Mr William Lundie of that Ilk; James Johnstoun of Elphinstoune; William Cunningham of Cunninghamheid; Hew Wallace of Carnvaill; Thomas Kennedie of Bardgavie; John Schaw of Grinock; Alexander Forrester of Carden, or any elevine of them, to compeir in Striviling, the 22d of this instant, at nine howres before noone, to counsell and reasone in the commissione given in the last Assemblie.

[TWENTY-FOURTH GENERAL ASSEMBLY.]

The Conventione of the Kirk, halden in the Kirk of Leith, 12th Januar 1571(2): In the quhilk war present the Superintendants, Barrones, Commissioners to plant Kirks, Commissioners of Provinces, Towns, Kirks, and Ministers. Mr Gilbert Gardin, continued Moderator.

Sessio 1^a.

The brethren presently convenit, all in ane voice concludit that this present conventione shall have the strenth, force, and effect, of ane Generall Assembly, and that all things be treatit and endit herein, that may guidlie be done, and usit to be concludit in ane Generall Assemblie, nottheless that all sic brethren as may gudlie travell, conveine to the Generall Assembly, to begin in St Androis the saxt day of March nixt to come, and the Moderator to continow to that tyme, and make exhortation according to the rule.

Sessio 3^a.

The Kirk undirstandand that my Lord Regent’s Grace and Counsell was desyreous that Mr Robert Pont sould accept the place of ane of the Senators of the Colledge of Justice, quhilk he would on no wayes accept, without the advyse of the Kirk; Therefore the haill brethren assemblit, gives licence to the said Mr Robert, to accept and use the said place of a Senator of the said Colledge of Justice, what tyme he shall be required thereto: Providing alwayes, that he leave not the office of the ministrie, but that he exercise the same, as he sould be appoyntit be the Kirk; and this their licence to the said Mr Robert, to be no preparative to no uther minister to procure sic promotione, unless the Kirk’s advyce be had of before, and license obtained thereunto.

[TWENTY-FIFTH GENERAL ASSEMBLY.]

The Generall Assemblie, haldine and begun in St Androis, the saxt of March 1571(2): In the quhilk were present the Superintendants, Barrons, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, Ministers, and Mr John Doglass, Archbishop of St Androis: Mr Robert Hamiltoune, Minister of St Androis, Moderator for this present Assemblie.

Sessio.

Anent the complaint gine in be Mr John Rutherfurd, Proveist of St Salvator’s Colledge, against Mr John Wynrahame, Superintendant of Fyfe, for the wrangous disponyng of the viccarage of their commone Kirk of Kilmeny, pertaining to the said Proveist, and his collegs, brether of the said colledge, as also for obtayning of the gift, and giving of ane altarage in the same colledge, situat at St John’s altar, the gift quhereof, the said Mr John, as proveist, alleadged to haue pertaynit to him, be vertew of foundatione of the same; as at length in the said complaynt was containit: requeistand the Kirk presently convenit to take sic order in the premisses, as godliness and equitie requireth in sic sorte, the Colledge and brethren forsaids be not put to expenses in seeking remedie before uther judges. The kirk haveing consideration of the said complaint, thocht meit to haue inspectione of their foundatione of the colledge, and what the same conteinit anent the presentation and collatione of the said viccarage of Kylmenie, and for that purpose gaue commissione to their brethren, Mr John Row, Gilbert Gardin, William Chrystisone, Andrew Hay, and David Lyndsay, to passe to St Salvator’s Colledge, consider and sie the foundatione thereof, and what they find touching the said viccarage of Kilmeny, and to whome the presentatione and collatione thereof pertaineth; and what they happen to finde, to report the same to the nixt Assemblie.

The said brethren return and reportit what they had fund in the said foundation; the tenor whereof follows in thir words:—

Vicarie de Kilmany electio et presentatio ordinaria facienda ad Dominum, prepositivo et ceteros de dicto Collegio graduatos debent pertinere; Quiquiden vicarius omnia onera ordinaria subire tenetur in fundatione Collegii Sancti Salvatoris, ita invenimus ad verbo scriptum testantibus nostris chirographis Subscriptis, ex commissione ecclesiæ adie numeris destinatis, 7. Mensis Martii, 1571. Gulielmus Chrystesone, David Lyndsay, Jacobus Row, Gilbertus Garden.

In respect of the premisses, the Kirk ordayned to wryte ane letter to the Senators of the Colledge of Justice, testifying what they had funde in the said fundatione, anent the presentatione and collatione of the forsaid viccarage of Kilmeny.

Item, Mr John Wynrahame, Superintendant of Fyfe, was accused that he had giuen the Viccarage of Kilmeny to ane that is no minister, nor yet has any functione within the Kirk, wherethrough the minister of the Kirk plantit be himself, is frustrate thereof.

Sessio.

It is concludit that the persone should find bread and wyne to the communion, unless the viccarage exceed the soume of fourtie punds, and in that caise, the Viccarage to furnische the same in tyme cumeing. The Kirk ordayns the Superintendant of Fyfe, to use his awne jurisdictioun as of before, in the provinces not yet subject to the Archbishop of St Androis; and alse requests ane to concurr with the said Arch Bishope when he requires, in his visitatione or utherwayes, within his own boundes, whill the next Generall Assembly: And the said Superintendant to have his stipend as of before; and, in lyke manner, the Superintendants of Angus and Lawthiane, without prejudice of the said Archbishope, except be vertue of his commissione.

[TWENTY-SIXTH GENERAL ASSEMBLY.]

The Generall Assemblie, begun and halden in the Tolbooth of Perth, the Saxt of August, 1572; In the qwhilk war present the Earles, Lords, Superintendants, Barrones, Commissioners to plant Kirks, Commissioners of Provinces, Universities, and Ministers: John Eskine of Dun, Knight, was chosen Moderator be the haill voice of the Assemblie.

Sessio 2.

To the effect that obedience be given to the Moderator presently and hereafter, the haill brethren assemblit, in ane voyce, statuts and ordaynes, that no persone, of what state or degree soever he be of, take in hand to speak without licence, askit and gine, be the Moderator; and after licence obtainit, that the persone speakand, keep moderatione in reasonyng and answering, and alse keep silence when he shall be commandit be the Moderator, under the paine of removeing out of the Assemblie, and not to re-enter therein dureing that conveining; and this to be a perpetuall act for all Assemblies hereafter.

Sessio 3.

Forswameikle as in the Assembly halden in Leith in January last, there was certaine Commissioners appointit to trauell with the Nobilitie and their Commissioners, to reasone and conclude upon diverse articles and heads, then thocht good to be conferrit upon; according to the whilk Commissione they have proceidit to diverse dyatts and conventions, and finallie concludit for that tyme upon the saids heads and articles; as the same producit in this Assemblie proports: In the qwhilks, being considerit and read, are found certain names, sic as Arch Bishope, Deane, Archdeane, Chamber, Chapter; qwhilks names war thocht sclanderous and offensive to the eares of many of the brethren, appeirand to sound to Papistrie; Therefore the haill Assembly, in ane voyce, alsweell they that was in Commissione at Leith as uthers, solemnly protests, that they intend not be using sic names, to ratifie, consent, and agree to any kinde of Papistrie or superstitione, and wisches rather the saids names to be changit in uthers, that are not sclanderous or offensive; and, in lyke manner, protests that the saids heids and articles agriet upon, be only receavit as ane interim, untill farther and mair perfect order be obtaynit, at the hands of the King’s Majestie’s Regent and Nobilitie, for the whilk they will preass, as occasion shall serve: Unto the qwhilk protestation the haill Assemblie, in ane voice, adheres.

[TWENTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie haldin in the Councill House of Edinburgh, the 6th of March 1572(3): In the qwhilk war present Barrons, Superintendants, James Bishop of St Androis, Commissioners to plant Kirks, Ministers, Commissioners of Provinces, Townes, Kirks and Universities. David Fargysone Moderator.

Sess.

Mr John Row complanit upone for solemnizing the band of matrimonie betwixt the Master of Craufurd and the Lord Drummond’s daughter, without proclamation of bands, and in lyke manner out of dew tyme, viz. upon ane Sonday afternoone at prayer. Answerit, that he did nothing but the command of the sessione of his kirke, and my Lord Ruthven, ane speciall elder of the said kirk.

The Kirk, presently assemblit, for certaine good considerations moving them, statutes and ordaines, that no collections for the poor be made in the tyme of the ministratione of the table of the Lord Jesus, nor yet in tyme of sermones heirafter within kirks, but only at the kirk doore.

The Kirk, presently assemblit, ordains the act made against ministers that marries uther parochiners without proclamation of bands, to have effect and strength against Mr John Row, and underly the samen dureing the Kirk’s will.

Sessio 3.

The Kirk assemblit, statuts and ordayns all ministers and uthers beneficed persones, that hes receaved benefices sen the Reformation, to make residence at the kirks where their benefices lyes, and use their office according to the tennor of thair admissione; and if any beis found to doe in the contrare, that they be callit to particular dyats before the Superintendants, or the Commissioners of the provinces where sic benefices are, to whom the Kirk giues power to depose the saids persones, in their visitationes, for non-residence; and whatever any of the saids Superintendants or Commissioners happins to doe in the premisses, to report to the nixt Assembly.

The Assembly, considering that the trauells of umqwhill John Knox, merits fauourably to be remembrit in his posteritie, Giues to Margaret Stewart, his relict, and her three daughters of the said umquhill Johne, the pensione qwhilk he himself had in his tyme of the Kirk; and that for the year next approachand, and following his deceis of the year of God 1573, to their education and support, extending to ffyve hundred merks money, twa chalder wheit, sax chalder beir, four chalder eats.

The Kirk requestit the kirk of Edinburgh to provyde and appoint some learnit, to support Richard Bannatyne to put John Knox historie, that is now in scrolls and papers, in good forme; and because he is not able to await thereupone, upon his awne expenses, appoynts to him the soume of ffourty pound, to be payit of the 81 years cropt.

Sessio 6.

Ordaines all and sundrie Superintendants and Commissioners to plant kirks, to proceed summarly to excommunicatione against all papists within their provinces; and that within eight dayes after they be admonischit, to joyne themselves to the religione presently established within this realme, be hearing of the word of God, partaking of the sacraments, subscryve and giue their oath according to the act of Parliament, and acts agreit upon, betwixt my Lord Regent’s Grace, Secret Councill, and the Kirk.

Sessio 7.

It is statute and ordainit be universall order of this Assembly, that all Bishops, Superintendants, and Commissioners to plant kirks, present themselves in every Generall Assemblie that hereafter shall be halden, the first day of the Assembly before noone, and that they remaine whill the end of the same, under the paine of tinsell of ane halfe of their stipend for ane year, and alse to serve in the mean tyme of the wanting of the said portion of their stipend.

Anent my Lord Regent’s Grace desyre, twiching some of the learnit ministers to be Senators in the Colledge of Justice; The haill Kirk presently assemblit, having at lenth reasonit, whether a minister were able to discharge himself of both the vocations; votit throughout, that nane was able nor apt to bear the said twa charges; and therefore inhibites, that any minister occupying the vocatione of the ministrie take upon him to be a senator, Mr Robert Pont only exceptit, wha is already placit with advyce and consent of the Kirk.

Articles presentit be the Superintendant of Lawthiane, and Ministers within his jurisdictioune.

1. First, that a copie of the acts of the Generall Assembly begine every exercise.

2. That sic matters as falls out betuixt the Synodall Conventione and Generall Assemblies, shall be notit at every exercise, 20 dayes before the Generall Assemblie.

3. That sic matters as are referrit to the Generall Assembly, fra the particular, be pennit be the Superintendant’s clarks, faithfullie reportit to the Generall Assembly be the said Superintendant.

4. That the Generall Assemblie be frequent with the nobilitie and barrons, alsweell as ministers, that the face of the Assembly may be had in reverence as afoirtymes.

5. That sic ministers as have not wherwith to buy books, may have books lowsit to them be the collector, and to allow the pryces thereof in their stipends.

The Kirk approves and ratifies all the forsaids articles as necessary and profitable.

It is thocht maist reasonable and expedient, that Bishops, Superintendants, and Commissioners, purches generall letters, without delay; commanding all men to frequent preaching and prayers, according to the order receavit in their congregations; and also to charge the magistrate, to put the acts concerning the observation thereof, alseweell grantit be parliament as friely, with uniforme consent, the congregations hes condescendit upon, and for executione of discipline and punisching of others.

Giue any man leave his wife and pass out of the countrie, and tarries away the space of seven yeares and marries ane uther woman in ane strange countrie, and else his first wyfe be married upon ane other man in his absence, both are adulterers, unless the sentence of divorcement had been pronouncit be the judge.

It is neither agrieable to the word of God, nor to the practise of the primitive Kirk, that the speciall administration of the word and sacraments, and the ministration of the criminall and ciuill justice, be so confoundit, that ane persone may occupy both the cures.

[TWENTY-EIGHTH GENERAL ASSEMBLY.]

The Generall Assembly, begun and halden in Edinburgh, the saxt day of August 1573: In the whilk war present the Earles, Lords, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, and Kirks, with the Ministers. Mr Alexander Arbuthnot was chosen Moderator.

Sessio.

Because it is understand that certaine of the nobilitie of this realme and Secret Councill are to repare to this Assemblie, Therefore the haill brethren ordaynes, that the haill nobility and councill, with commissioners of provinces, townes, and kirks, having power to vote, shall sitt within the barr of the said Over Tolbooth, and all uthers without the same.

Sessio 2.

The Books of Visitatione of Bischops, Superintendants, and Commissioners to plant kirks, aught to be seen and considerit, and their diligence in their offices; and commissioners were appointit to that effect.

Touching them that receaves excommunicants and order taking thereanent; the haill Kirk presently assemblit, ordains all Bischops, Superintendants, Commissioners to plant kirks, and Ministers of particular kirks, to proceed to excommunicatione againes all receivers of excommunicat persones, if, after dew admonitione, the receavers rebell and beis disobedient, conforme to the order conteinit in the booke of excommunicatione: and whosoever knawes and yet receaves and intertains excommunicat persones, albeit he desist after admonitione, yet shall he underly the discipline of the Kirk, be making of publick repentance, except sic as are except of the law. And to the effect that nane pretend ignorance of the saids excommunicat persons, the Kirk ordaynes and statutes all bishops, superintendants, and commissioners, in the synodall conventions, shall take up in row, the names of the excommunicants within their jurisdictions, and bring their names to the Generall Assemblies, to be published to uthers Bishops, Superintendants, and Commissioners, that they, be their ministers in thair provinces, may divulgat the same in their haill countries where the excommunicants haunts.

Sess. 6.

Alexander Hay, clark of the Secret Councill, presentit certaine heids to the Assembly concernyng the provisione of ministers’ stipends be particular assignationes.

Sessio 7.

Touching the changeing of situation of the paroche kirks, their gleibs, and manses, for the commoditie of the parochiners, The Kirk gives licence to the Bishops, Superintendants, and Commissioners to plant kirks, with the advyce and consent of the parochiners and ministrie of the countrie, to change the paroche kirks, manses, and gleibs frae ane place to another, for the commoditie of the saids parochiners; provyding allwayes, that the charge thereof be not hurtfull to the ministrie, and suretie sufficient be made of the lands in quantitie and qualitie as they were before, to remaine with the Kirk for ever, with mortificatione thereof to the King’s Majestie.

Anent them that consults with witches: The Kirk presently assemblit, ordaynes all Bishops, Superintendents, and Commissioners to plant kirks, to call all sic persones as shall be found suspect to consult with witches before them at their particular visitationes or utherwayes; and if they have been found to have consultit with the saids witches, that they cause them make publick repentance in sackcloath, upon an Sonday in tyme of preaching, under the paine of excommunication if they be disobedient, dew admonitions preceiding.

Anent the uniformitie to be observit in proces of excommunicatione: It is ordainit that Bishops, Superintendants, and Commissioners to plant kirks, shall direct their letters to ministers where the persones that are to be excommunicat dwells, commanding the saids ministers to admonische accordingly; and, in caise of disobedience, to proceed to excommunication, and pronounce the sentence thereof upon ane Sonday in tyme of preaching; and, thereafter, the ministers to indorse the saids letters, makand mention of the dayes of their admonitiones and excommunication for disobedience forsaid, and to report to the saids Bishops, Superintendants, and Commissioners, according to their directione conteinit in the said letters.

Greit men offending in sic crymes as deserves sackcloath; they should receave the samen as well as the puire.

No Superintendent nor Commissioner, with advyce of any particular kirk of their jurisdictione, may dispense with the extreamitie of sackcloath prescryvit be the acts of generall discipline, for any pecuniall soume ad pios usus.

Ane man willing to dimitt his benefice simpliciter, sould dimitt it in the hands of the just patrone.

[TWENTY-NINTH GENERAL ASSEMBLY.]

The Generall Assembly, begun and halden at Edinburgh the saxt of March 1573(4); In the qwhilk war present, Earles, Lords, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. Mr Andrew Hay was chosen Moderator.

Sessio.

The Kirk ordaynes all Commissioners of townes and provinces, that they seek out the haill rentalls of the hospitalls within their bounds respective, and give the same in to their Bischops, Superintendants, or Commissioners, schawand how the samen are usit and abusit, to the effect that my Lord Chancellar may receave the same, and report to my Lord Regent’s Grace; and this to be done betwixt and the tenth of April next to come.

Unto the Lord Regent’s Grace, of Privie Councill, with uthers of the Estates conveint with his Grace, the Kirk Generall, now assemblit, wishes everlasting health in Christ.

It is not unknawne that holy ministrie of God that hes chosen to himself a kirk, and that frae the beginning, whilk shall continow for ever, and the same is the congregatione and companie of the faithfull professors of Christ; and in his kirk God hes appointit his ministers to ministrat, and calls men to be ministers of the same, that be the samen ministrie, the elect of God may be callit, regenerat, and nourishit to everlasting life. For preservation of the holie ministrie and kirk in puritie, the Lord has appointit Assemblies and Conventions, not only of the persons appointed to the ministrie, but also of the haill members of the kirke professing Christ; the whilk kirk of God hes continwallie used and still uses the same assemblies, sanctified be the word of God, and authorised be the presence of Jesus Christ. It is also knawne unto your Grace, that sen the tyme God blessed this countrey with the light of his evangell, the haill kirk maist godlie appointed, and the same be act of parliament authorised, that twa godlie Assemblies of the haill generall Kirk of this realme sould be ever ilk year; alswell of all members thereof in all estates as of the ministers: the qwhilk Assemblies hes been sen the first ordinance, continuallie keepit in sic sort, that the maist noble thereof, the hiest estate, hes joynit themselves be their owne persone, in the Assemblies, as members of one bodie, concurrand, votand, and authorizand all things there, proceeding with their brether: And now, at this present, the Kirk is assemblit according to the godly ordinance, and looks to have concurrence of their brethren in all estates, and wisches of God that your Grace and Lords of Privie Councill, will authorize the Kirk in this present Assemblie, be your presence, or be uthers havand your commissioune in your Grace and Lordship’s name, as members of the Kirk of God; ffor, as your Grace’s presence and the nobilities should be unto us most comfortable, and so most earnestlie wished of all, so your Grace’s absence is to us most dolorous and lamentable; whereof follows the want of ane great part of the members that weill cannot be absent from the treiting of these things that perteins to the Kirk and policie thereof, in assembly altogether, to be handlit be the advyce of all, and to the qwhilk end the Assemblies are appointit, the authoritie thereof your Grace knawes to be sic as the contempt of it tends to the dishonour of God; and, therefore, as ye esteem your selves to be members of Christ and of his Kirk, schaw the fruits thereof; of the qwhilk it is not the leist to joyn yourselves to the Kirk, not only be hearing the word and receaving the sacraments, but also in conveining with your brether in the holy assemblies: The qwhilk to doe we giue you admonitione in the name of the Lord; extending this admonitione to every persone, of whatsoever estate, that are present with your Grace; and specially we admonische the Bishops, and sic as are of the ministrie, to joyne themselffs with us, according to their ministrie and dewtie, utherwayes they will be thocht unworthy of office they beare. The tyme the Kirk will sitt will be short, and tyme would not be neglected, and yet the Kirk is not so rigorous but that men may, after their presence gine in the Assembly, have libertie, as tyme requires, wait upon their laufull business; and this admonitione we giue your Grace with all reverence and humility; and that chiefly in respect that your Grace, be your awne articles and questiones sent to the Kirk, where your Grace desyres first to be admonished charitably whensoeuer offences aryses, before the same be utherwayes traducit.

Certain war appointit to penn the heids concerning the jurisdictione of the Kirk, and to present the same to the Assemblie.

Anent the jurisdiction of Bishops in their ecclesiasticall functione; the Kirk presently assemblit hes concludit, that the same shall not exceed the jurisdiction of superintendants, whilk heretofore they have had and presently hes, and that they shall be subject to the discipline of the Generall Assemblie, as members thereof, as the superintendants hes been heretofore in all sorts.

That no Superintendants nor Commissioners for kirks planting, haue nor shall giue collatione of benefices, nor admitt ministers, without the assistance of thrie of their qualified ministers of their province, who also shall give their testimonialls to the said Superintendant commissioners, subscryvit with their hands in signe of their consent thereto; and in like manner, that no Bischops giue collatione of any benefice within the bounds of Superintendants within his diocie, without their consent and testimonialls, subscryved with their hands; and that Bischops, within their awne dioces, visite be themselues where no superintendants are, giue no collatione ordinare upon benefices, without consent of three weell qualified ministers, as said is, of superintendants and commissioners to plant kirks.

Sessio 5.

Commissioners war appointit to convein with my Lord Regent’s Grace and Lords of Secret Councill, to conferr and reason upon the heads concerning the policie and jurisdictione of the Kirk, and sic uther heads and articles as shall be proponit be his Grace and Councill to them.

Sessio 7.

As concerning the appointing of syndrie kirks to ane minister; to the end the matter may be plainer, and the mynde of the Kirk knawne to all men herein, the Kirk hes declarit, that howbeit syndrie kirks be appointit to ane man, yet shall the minister make his residence at ane kirk, qwhilk shall be properly appointit to his charge, and he shall be callit principallie the minister of that kirk; and as concerning the rest of the kirks to the qwhilk he is nominat, he shall haue the oversicht and help therein, in sic sort as the Bischop, Superintendant, and Commissioner shall think expedient, and as occasion shall serve from his awne principall charge: The qwhilk on no wayes he may neglect; and this order only to remane qwhill God of his mercie shall thrust out moe labourers unto his harvest.

[THIRTIETH GENERAL ASSEMBLY.]

The Generall Assembly, halden and begun at Edinburgh the 7th of August 1574: In the whilk war present, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. Johne Dunkansone, Moderator.

Sessio 1.

The Assembly, understanding that be deceiss of John Gray, their late Clark, the said office of clarkship is vacand, and nane as yet is provided thereto; and therefore before that any proceeding be, it is necessar the said rowme be filled, hes appointit their brethren underwritten, viz. My Lord Deane of Aberdeen, Andrew Hay, James Lowsone, Alexander Arbuthnot, Principal of the Colledge of Aberdein, James Melvill, Clement Little, and David Lyndsay, Minister at Leith, (all Ministers,) to appoint the leitts of them of qwhais number the clark is to be chosen: Qwhilk brethren, all in ane voyse, nominat Mr James Ritchie, George M‘Esone, William Patersone, wryter, Patrick Fylder, servant to Alexander Hay, Clark of the Secret Councill, to be the leits, of qwhilk number the Clark of the said Assembly is to be electit; and in the meane tyme, qwhill the Clark be chosen and receavit, the said Assembly hes ordainit Mr Andrew Milne to supply the place.

Sessio 3.

Anent the creatione of ane Clark of the said Generall Assemblie of the Kirk, it was Votit through the haill Assemblie and concludit, that of the four persons appointit on the leits, Mr James Richie, be reasone the greatest part thereof gave their consent to him, sould be clark, who, in presence of the haill Assembly, solemnly beand sworne to use the said office of clarkship of the Kirk faithfully, made promise to doe the same, and acceptit the said office upon him.

Forswameikle as it is understand to the said Assembly, that diverse ministers within this realme, used the office of Collectorie and Chamberlanrie under bishops and uthers beneficed persones, wherethrough they are avocat from their cures, and giues great occasione to sclander the Kirk; Therefore it is statute and ordainit in this present Assemblie, that from this tyme furth, no minister within this realme, use or exercise the office of Chamberlanrie or Collectorie, under whatsumever beneficed men, whereby they may be abstractit from their vocatione; and the contraveeners heirof to be depryvit of their office, and secludit therefrae.

Sessio 6.

Articles proponit to my Lord Regent’s Grace.

1. That stipends be grantit to Superintendants in all tyme comeing, in all countries destitute thereof, Qwhether it be where there is no Bischops, or where there is Bischops, and may not discharge their cure, as the Bischops of St Androis and Glasgow.

2. That in all Burrowstounes, where the ministers thereof are displacit and serves at uther kirks, that their ministers who servit them before be restorit againe to wait on their cures, and they be not oblidged to any uther kirk, or else that uthers be plantit in the saids touns.

3. That his Grace will giue commissione to certaine gentlemen in euery countrie, that incest, adultrie, witchcraft, and uther sic odious cryms qwhairwith the haill countrey is replenischit, may be punischit.

4. In euery kirk destitute of ministers, sic persons as are present and readie to be plantit, be placit, and stipends grantit unto them qwhais names shall be gine up be the Bischops, Superintendants, and Commissioners.

5. In respect that the ecclesiasticall functione is only distinct offices, of teaching, the Doctor that interprets the Scriptures, and the Minister, to preach and apply the same; his Grace will take ordor that Doctors may be placeit in Universities, and stipends granted unto them, wherby not only they who are presently placeit may have occasion to be diligent in their cure, but also wher learnit men may have occasion to seek places in Colledges within this realme.

6. That his Grace will take ane generall order with the puire, and speciallie in the Abbayes, sic as Aberbrothoc and uthers, conforme to the act made at Leith; and in speciall to discharge teind sybows, leeks, kaill, onzions, be ane act of Secret Councill, whill ane Parliament be conveint, where they may be simpliciter discharged.

7. That his Grace will grant commissione to certane persons in every diocie to sit in causes of divorcement where the parties are poore.

8. That his Grace wald provide qualified persones to vaikand Bishopricks.

9. That his Grace wald cause the buiks of the Assignatione of the Kirk to be delyvered to the Clerk of the Generall Assembly.

Sessio 7.

Forsuameikle as it is understand to the Generall Assembly of the Kirk, that there is diverse persones who, dureing their wyfe’s tyme committs adulterie with other men’s wyfes, and thereafter, after their wyfe’s decease, marryes them wham they of before have polluted in adulterie; Therefore it is statute and ordainit be this present Assembly, that Bishops, Superintendants, and others Commissioners of provinces, charge all sic persones, so joynit in that sclanderous and unlaufull band, to separate themselves and abstaine from others, unto the tyme it be decydit be the Judge Ordinar, if the said marriage be lawfull or not, under the payne of excommunicatione to be execute against disobeyars.

Sessio 8.

Touching the complaint made upon the Bischop of Dunkeld for ministration of the holy supper upon wark-dayes at the kirks within his jurisdictione; It is thought good be the Generall Assembly that the said Bischope forbear the ministration of the said sacrament upon wark-dayes, and cause it to be ministrat upon Sabbath dayes, after the order of the rest of the kirks within this realme.

Sessio 9.

Commissioners war appointit to visit warks that shall be heirafter proponit to be printed. Item, Uthers were appointit to sicht the history of Job compylit be Mr Patrick Adamsone in Latine verse.

For avoiding of Simonie within the haill kirks, the haill Assemblie of this Kirk, as in ane voice, hes votit, concludit, and decreitit, that all sic persones as either bys or sells benefices, or useing any uther kind of cowping thereof, directly or indirectlie, sall be depryvit of all kinde of functione within the Kirk, and the discipline of the Kirk strike upon them with all kinde of rigour and extreamitie;—and the buyers, sellers, or utherwayes cowpers of the benefices, to tyne the same for ever.

Sessio 10.

Qwhither if the parochiners of a towne, or the provest and baillies thereof, aucht to have the election of their own belman and clark? It is answerit, that sic as payes them sould choose them.

The brethren hes thought good, that, in case of any Parliament to be halden, or any uther weightie cause requirand necessary the presence of the bodie of this haill Assemblie, That the Superintendant of Lawthiane, Mr James Lawsone, minister of Edinburgh, Mr David Lyndsay, minister of Leith, make lawfull premonition and advertisement to their brether to be present upon sic competent space before as they sall think needfull; Qwhilk conventione of before shall be recountit for ane Assemblie.

That absents of this Assemblie be summoned to the next Assemblie, to hear them convict of absence, and punishment to be joynit to them at the sicht of the Kirk.

[THIRTY-FIRST GENERAL ASSEMBLY.]

The Generall Assembly, begun and halden at Edinburgh, the 7th of Marche 1574(5): In the qwhilk war present Earles, Lords, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. James Bishop, of Glasgow, Moderator.

Sessio.

Forsuameikle as the greatest part of the doctors, and interpretars of the Scriptures that hes travellit in the interpretation and exposition of the same, hes written and comentit in the Latine tongue, and therthrow it is thocht necessar for sic as enters in the function of the ministrie, to have understanding and knawledge of the same; Therefore, the Generall Assembly of the Kirk hes votit and concludit, that, frae this tyme furth, nane shall be admittit in the functione of ane minister within the Kirk be the Bishops, Superintendants, and Commissioners of cuntries, but sic as have understanding of the Latine tongue, and are able to interpret the Commentars written in the same language, and speak congruous Latine, except sic as, be exemption of the Generall Assembly of the Kirk, for their singular graces and gifts of God, sall be fund also be them to use their functione without knawledge of the Latine tongue.

It is thocht meet, and concludit, that no clark-playes, comedies, or tragedies, be made of the Canonicall Scriptures, alse weell new as old, on Sabbath day nor wark day, in tyme comeing; the contraveiner heirof, (if they be ministers, to be secludit frae their functione, and, if they be uthers,) to be punischit be the discipline of the Kirk; and ordains ane article to be gine in to sic as sitts upon the policie. That, for uther playes, comedies, or tragedies, or uthers profane playes as are not made upon authentick pairts of the Scripture, may be considerit before they be proponit publickly, and that they be not playit upon the Sabbath dayes.

Sessio 8.

Anent ministers proceeding to the marriage of parties, lawfull impediment being proponit unto them, whilk, after hand, is tryit and fund to be of veritie: The haill Assembly referrs the discipline to be usit against sic persones, to the Bischops, Superintendants, and commissioners of the countries where they serve.

Sessio 9.

Anent difficultie proponit upon the presentatioune of Mr Andrew Grahame, presenting him to the bishoprick of Dumblane, under the name of ane preacher, although he had been nane; The Kirk finds that finall conclusion is not yet had, that all Bischops should be first preachers, and alwayes, if he be qualified, the presentation to be obeyit; and yet, for farther tryall, appoints to him Wednesday to exercise in the Magdalen Chappell before the Bischops, Superintendants, and ministers, that may be present, and speciallie the ministers of Edinburgh, and so many of the Chaptir as may be there at ten hours before noune, upon the beginning of the fifth to the Romans.

The Assembly hes willit their lovit brother Mr Robert Maitland, Deane of Aberdeene, Robert Pont, proveist of the Trinitie Colledge, John Brand, James Carmichael, to take travell in visiting and peruising of the saids acts, and sic as are generall with the Generall Assemblies, to mark and nott the samen, that thereafter they may be drawne and extractit out of the books, that all pretext of ignorance may be tane away.

Sessio 12.

It is ordaynit that the Bischops, Superintendants, and ministers in all parts, admonische sic as were Papists, and hes sen the act of Parliament, maid confession of their faithes, and, notwithstanding, hes no wayes yet participat the holy supper of the Lord, participat the sacrament with the rest of the congregation; and if they disobey, their admonitione to be halden as relapse, and to proceed against them as relapse, with the sentence of excommunicatione.

It is thocht meet be the haill brethren that the ministers of Edinburgh and Leith give warning and advertisement to the Bishops, Superintendants, and Commissioners of countries, aucht dayes before the Parliament, to the effect that they may warne the rest of their brethren to be present, to consult and put in deliberatione sic things as shall be thocht, after good advyce, to be proponit to Parliament; qwhilk convention shall be accountit for ane Assemblie.

[THIRTY-SECOND GENERAL ASSEMBLY.]

The Generall Assemblie, halden and begun the saxt of August 1575, in the Over Tolbuith of Edinburgh, where there was present the Bischops of Galloway, Dunkeld, Brechine, Dumblane, Glasgow, and Isles; Superintendants of Angus and Lawthiane, Commissioners of Countries and Townes, with the Ministers. Mr Robert Pont, Moderator.

Sessio.

According to the order and custome of the Assembly, it was proceeded to the examinatione and tryall of the lyfes, conversation, and doctrine of the Bischopes, Superintendants, and Commissioners of provinces. John Durie, one of the ministers of Edinburgh, protests that the tryall as Bischope prejudge not the opiniones and reasones qwilk he and uthers brethren of his mynde hes to oppone against the said office and name of Bischop.

The Generall Assembly ordaynes the Bischope of Dunkeld, betwixt and the next Assembly, to resorte himselfe and his family to Dunkeld, and make his residence there, under the paine of excommunicatione.

The brethren in ane voyce finds great fault with the dilapedatione of this benefice; and ordaines the acts of the Assembly to be usit and considered, if there be any penaltie appoyntit for the said dilapidatione, betwixt and the saxt day of this instant, and continwes their farder determination to the said day.