Part 13

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

JAMES, Regent.

Articles and their Answers.

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

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

[TWENTIETH GENERAL ASSEMBLY.]

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

Ordour to proceed in the Assemblies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[TWENTY-FIRST GENERAL ASSEMBLY.]

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

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

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

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

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

Sessio 3^a.

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

Sessio 4^a.

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

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

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

Answer, _Neutri credendum_.

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

Sessio 5^a.

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

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

[TWENTY-SECOND GENERAL ASSEMBLY.]

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

Sess. 1^a.