Opening…

Preface

“BOOKE OF THE UNIVERSALL KIRK.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“JOHN LEE, Cl. Eccl. Scot.

“55, PARLIAMENT STREET, WESTMINSTER, June 20, 1828.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * * * *

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

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

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

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

THE BOOKE

OF THE

UNIVERSALL KIRK OF SCOTLAND:

WHERIN

THE HEADS AND CONCLUSIONS

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

[FIRST GENERAL ASSEMBLY.]

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

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

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

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

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

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

Hew Wallace of Carnall, Johne Fullartone of Dreghorne, and

Charles Campbell of Sheldome, for the Kirks of Kyle;

George Hoome of Spott for the Kirks of East Lowthiane;

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

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

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

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

John Eskine of Dunne and Andrew Milne for Montrose;

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

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

Mr David Weyms for the Kirk of Carnbie;

Mr Walter Balfoure for the Kirk of Lintone;

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

William Lambe, Williame Benole, for Dunbar;

Jame Douglas, James More, for Calder Comites;

Mr Robert Wynrhame for Ratho;

Johne Kincaid for Kirklistoune.

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

In Kyle, for Reading,

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

In Saint Andrews, for Ministring and Teaching,

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

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

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

21st December 1560.

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

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

27th December 1560.

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

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

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

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

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

In NITHESDALE and GALLOWAY,

The Pryor of Whittorne and his Servants in Cruightoune;

The Laird of Carswell in Carswell;

The Laird of Carleil;

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

In FYFE,

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

In KYLE, CARRICK, and CUNNINGHAME,

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

In EAST LOUTHIANE,

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

In the FORREST of ETRICK,

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

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

[SECOND GENERAL ASSEMBLY.]

Att Edinburgh, the 27th of May 1561.

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

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

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

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

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

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

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

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

28th May 1561.

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

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

May 29, 1561.

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

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

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

[THIRD GENERAL ASSEMBLY.]

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

Superintendents,

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

Ministers and Commissioners,

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

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

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

Williame Harlaw, Minister of St Cuthbert’s Kirk;

Johne Burne, Minister of Mussilburgh;

Mr Thomas Cranstoune, Minister at Tranent;

Alexander Forrester, Minister at Libbertoune;

Mr George Furde, Minister at Dunnune;

Mr David Weymis, Minister of Ratho;

David Cunninghame, Minister of Lanarick;

James Walker, Minister of Steinstoun;

Christopher Goodman, Minister at St Andrews;

Mr George Leslie, Minister at Strathmiglow;

Richard Melvill, Minister at Inchbraok and Maritoun;

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

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

James Fleyming, Elder and Commissioner of Glasgow;

The Laird of Lye, Commissioner of Lanerick;

The Laird of Barre, Commissioner of Kyle;

Johne Cathcart of Cariltoun, Commissioner of Carrick;

Mr Robert Pont, Elder and Commissioner of St Andrews;

Thomas Scott of Hayning, Commissioner of Selkraig and Melros.

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

That Unitie of Doctrine may be retained among the Ministers.

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

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

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

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

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

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

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

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

The Third Sessioune, holden the first of Julii 1562.

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

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

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

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

The Sixth Session, 4th July 1562.

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

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

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

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

(Sic subscribitur) JOHN GRAY.

[FOURTH GENERAL ASSEMBLY.]

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

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

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

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

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

Session Third, holden December 29, 1562.

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

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

Session Fourth, holden December 30, 1562.

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

Session Fifth, holden the last of December 1562.

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

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

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

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

[FIFTH GENERAL ASSEMBLY.]

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

Sess. 1^{ma.}

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

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

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

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

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

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

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

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

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

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

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

Sess. 3, 27th Junii 1563.

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

Sess. 4, 27th of Julij 1563.

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

[SIXTH GENERAL ASSEMBLY.]

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

Session First, 25th of December 1563.

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

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

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

Session Third, 28th December 1563.

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

Session Fourth, 29th December 1563.

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

Session Fifth, 30th December 1563.

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

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

Session Sixth, the last of December 1563.

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

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

[SEVENTH GENERAL ASSEMBLY.]

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

Sess. 2d, Junii 1564.

The Assemblie continowed Mr Willock Moderator of this Assemblie.

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

Sess. 4, 28th Junii 1564.

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

TENOUR OF THE ARTICLES.

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

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

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

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

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

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

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

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

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

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

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

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

Sess. Fifth, 30th Junii 1564.

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

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

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

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

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

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

[EIGHTH GENERAL ASSEMBLY.]

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

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

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

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

TENOR OF THE ARTICLES.

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

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

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

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

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

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

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

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

Session Second, holden December 26, 1564.

Anent ane supplication presented be Beatrix Livingstoun, touching ane promise made to her be Patrick Hardie to have solemnized the band of matrimonie with her ane lang tyme since, his wife Katherine Rutherford being in lyfe, and now divorcement had betwixt them. Bearing alse and making mention of ane decreit and decisione of the said promise and nullitie thereof, given and pronounced be John Eskine of Dun, Alexander Guthrie of Halkertoune, Robert Campbell of Kinʒcomscleugh, and Mr Robert Hamiltone, for verification whereof the said Beatrix producit the said decreit, subscryved be the forsaids persons, in presense of John Willock, Superintendant of the West, Christopher Goodman, and Mr George Hay, of the date at Edinburgh the first of July 1563, bearing in effect, that the said promise made be the said Patrick to the said Beatrix on no wayes might be sustained be the law of the Evangell; and therefore the said Patrick to be quyte therefrae in all tyme comeing, In respect of the marriage standing betwixt him and his wife foresaid undissolved, and that the said promise was not only null in the selfe, but also unjust and unlawfull, and that the makers thereof had offended, and were worthy of punishment at the discretion of the Kirk: Quhilk supplication and decreit being read and considered, the haill Assembly in ane voyce authorised and allowed the said decreit, pronounced be the said brethren, and alse pronounced the said Patrick and Beatrix to be free frae the said pretended promise in tyme comeing, Requiring that punishment for making of the said promise hereafter to the Kirk’s discretion thereof.

Session Third, December 27, 1564.

Anent the supplication presented to the Assembly in name of Paull Methven, and touching diverse petitions therein contained, wherewith the said Assembly being well and rypelie advysed, and after long reasoning had therein, with mature deliberation, gave their answer as follows:--

Anent his receaving to repentance, the haill Assembly are content to receave the said Paull to repentance, presentand him personallie before them, declareing evident signes of unfained repentance, willing to obey sic injunctions as the Kirk shall please to appoint him to doe and fulfill.

Touching his desyre to delate his proces of their books, thereto the Clark can noways condescend, neither think they that sick ane petition can proceed from the Holy Ghost, seeing David, ane notable servant of God, eschewed not to write his owne offence to God’s glory and his own confusione. Anent his admission to the ministrie within the realme, that was thought no wayes sufferable unto sic tyme as the memorie of his former impietie be more deeplie buried, and some notable Kirk within this realme make earnest request for his new acceptation; and likewise the Kirk signifies unto him, that his entry in the ministrie in the parts of England, he being excommunicat and unreconciled, hes grievously offended them; as also the last part of his writeing, where he accuses false witnesses, who hes deponed no other thing in effect nor he has confessed with his mouth in write. Farder, the Assembly required the brethren to whom the said Paull hes written, that amongst uthers their answers they signifie unto him that he may safelie repare toward this realme, notwithstanding lately proclaimed against adulterers.

Touching sic as are relapse the third tyme in any kinde of cryme, sic as fornication and drunkenness, it is statute and ordained, that no particular minister admitt sic persones to repentance, but to send them to the Superintendant of the diocie where the crymes are committed, with information, who shall give them sic injunctions as they think may make the offence to be holden in horror. But chiefly that they compell the offender to satisfie the Kirk where the offences were made moe dayes nor ane, as the Superintendant shall think good.

[NINTH GENERAL ASSEMBLY.]

The Generall Assemblie, convened at Edinburgh, in the Nether Tolbooth thereof, the 25th Day of June 1565: In the whilk were present, the Superintendents, Ministers, and Commissioners of Shyres and Kirks, the invocation of the name of God being made be John Willock, Superintendent of the West.

First, For eschewing of confusione in reasoning, the whole brethren present, with ane consent, chuse John Willock, Superintendent of the West, to be Moderator, who accepted the office.

Sessio Second, holden Junii 26th, 1565.

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

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

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

TENOR OF THE ARTICLES.

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

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

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

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

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

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

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

Sess. 3, Junii 27, 1565.

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

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

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

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

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

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

Sessio 4^{ta.} Junii 28, 1565.

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

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

[TENTH GENERAL ASSEMBLY.]

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

Sessio 1^{ma.}

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

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

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

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

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

The Queen’s Majestie’s Answers.

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

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

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

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

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

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

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

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

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

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

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

Sess. 2^d, December 25, 1565.

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

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

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

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

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

Sessio 3^{tia}, December 27, 1565.

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

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

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

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

Sessio 4^{ta}, December 28, 1565.

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

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

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

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

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

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

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

[ELEVENTH GENERAL ASSEMBLY.]

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

Sessio 1^{ma.}

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

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

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

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

Sess. 2^{a.} Junii 26, 1566.

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

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

QUESTIONS AND THEIR ANSWERS.

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

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

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

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

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

[TWELFTH GENERAL ASSEMBLY.]

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

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

Sess. 2^{a.} December 26, 1566.

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

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

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

Answered affirmative, without contradiction.

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

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

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

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

Sess. 3^a. December 27, 1566.

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

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

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

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

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

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

Your Loving Brethren and fellow-preachers in Christ Jesus.

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

The tenor of the supplication follows:--

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

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

QUESTIONS AND THEIR ANSWERS.

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

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

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

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

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

Sessio 4^{ta}, December 28, 1566.

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

[THIRTEENTH GENERAL ASSEMBLY.]

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

Sessio 1^{ma}, Junii 25, 1567.

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

Sessio 2^{da}, Junii 26, 1567.

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

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

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

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

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

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

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

Sess. 3^{a.} Junii 27, 1567.

QUESTIONES AND THEIR ANSWERS.

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

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

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

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

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

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

Sessio 4^{ta}, Junii 28, 1567.

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

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

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

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

[FOURTEENTH GENERAL ASSEMBLY.]

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

Sess. 2^a, Julii 22, 1567.

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

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

Your assured in the Lord, AR. ARGYLE.

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

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

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

Your loving friend at power in all godliness, ARBROTH.

ABERDEEN EXCUSATIONE.

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

THOMAS MENZIES.

Sess. 3d, Julii 23, 1567.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[FIFTEENTH GENERAL ASSEMBLY.]

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

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

Sess. 2^a. December 26, 1567.

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

Sess. 3^a. December 28, 1567.

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

Sess. 4^a. December 30, 1567.

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

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

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

TENOR OF THE FORESAID PURGATIONE.

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

Sess. 5^a. December ultimo 1567.

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

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