Part 12

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

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

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

Sessio 6^a. July 10, 1568.

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

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

[SEVENTEENTH GENERAL ASSEMBLY.]

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

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

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

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

[EIGHTEENTH GENERAL ASSEMBLY.]

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

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

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

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

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

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

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

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

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

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

Your Christiane Brother, JAMES HAMILTOUNE.

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

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

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

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

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

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

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

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

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

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

[NINETEENTH GENERAL ASSEMBLY.]

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

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

Sess. 2^a. July 6, 1569.

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

Sess. 3^a. July 7, 1569.

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

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

Certaine of the Articles presented to my Lord Regent.

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

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

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

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

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

ALEX. HAY.

The tenor of the Act made for Assignatioune of Stipends.

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

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

Sess. 5^a. July 9, 1569.

My Lord Regent’s Letter to the Assembly.