Chapter IV: Part 4

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.