Chapter VI: Part 6

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

Your Christiane Brother,
JAMES HAMILTOUNE.

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

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

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

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

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

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

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

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

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

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

[NINETEENTH GENERAL ASSEMBLY.]

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

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

Sess. 2^a. July 6, 1569.

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

Sess. 3^a. July 7, 1569.

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

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

Certaine of the Articles presented to my Lord Regent.

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

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

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

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

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

ALEX. HAY.

The tenor of the Act made for Assignatioune of Stipends.

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

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

Sess. 5^a. July 9, 1569.

My Lord Regent’s Letter to the Assembly.

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

JAMES, Regent.

Articles and their Answers.

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

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

[TWENTIETH GENERAL ASSEMBLY.]

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

Ordour to proceed in the Assemblies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[TWENTY-FIRST GENERAL ASSEMBLY.]

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

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

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

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

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

Sessio 3^a.

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

Sessio 4^a.

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

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

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

Answer, _Neutri credendum_.

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

Sessio 5^a.

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

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

[TWENTY-SECOND GENERAL ASSEMBLY.]

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

Sess. 1^a.

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

Sessio 2^a.

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

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

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

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

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

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

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

* * * * *

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

Sessio 3^a.

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

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

Sessio 4^a.

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

Sessio 5^a.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[TWENTY-THIRD GENERAL ASSEMBLY.]

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

Sessio 1^a.

MR JOHN KNOX EPISTLE.

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

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

Your brother in Christ Jesus,
JOHNE KNOX.

Sessio 2^a.

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

[TWENTY-FOURTH GENERAL ASSEMBLY.]

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

Sessio 1^a.

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

Sessio 3^a.

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

[TWENTY-FIFTH GENERAL ASSEMBLY.]

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

Sessio.

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

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

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

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

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

Sessio.