Chapter V: Part 5

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.

Barones.

Johne Erskine of Dvn.
Williame Lesslie of Balquhane.
Craigmyllar.
Quhittinghame,
{ Abbotishall,
{ George Stratoun of Lawrestoun.
Jurati{ Robert Fairlie of Braid.
{ Robert Campbell of Kingʒeaclewch.
Provist of Aberdene.
Patrick Murray, for Perth.
Mr Johne Prestoun, } for Ed^r.
James Barroun, }
Richard Blyth, for Dunde.
Thomas Monypenny, for Perth.
Dauid Mar, for Aberdene.

Maister Johne Spottiswod.
Johne Knox.
Ministers--Maister Johne Craig.
Maister Dauid Lindsay.

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.