Part 14
The Kirk assemblit ordains all superintendants and commissioners to plant kirks, to present hereafter, their books of their visitationes, every ane within their province respective, to every Assembly heirafter following, to be sichted and considerit be sic brethren as shall be appointit thereto, fra Assembly to Assembly, To the effect the Kirk may knaw their diligence in executing their offices within thair provinces. The Kirk finds fault that Mr John Rutherfurde, minister at Cultis, hes not done diligence in serving the said cure at leist certaine tymes in the year, admonisching him therefore to amend the said fault in tymes comeing, wtherwayes the Kirk will proceed against him as ane neglector of dewtie.
Sessio 2^a.
Articles pertayning to the Jurisdictione of the Kirk, to be proponit to the Regent’s Grace and Secret Councill, and socht to be appointit be them.
1. Ffirst, that the Kirk have the judgement of trew and false religion or doctrine, heresies or sicklyke, annexit to the preaching of the word, and ministratione of the sacraments.
2. Electione, examinatione and admissione of them that are admittit to the ministrie, or uther ffunctions in the Kirk, charge of sawls, and ecclesiasticall benefices, the suspensione and deprivation of them therfrae for lawfull causes.
3. All things concerning the discipline of the Kirk, whilk stands in correctione of manners, admonitiones, excommunicationes, and receaving to repentance.
4. The judgement of ecelesiasticall matters betwixt persones that are of the Kirk, and speciallie among them that are constitute in the ministrie, alseweell concerning beneficiall causes as uthers.
5. Jurisdictions to proceid be admonitiounes, to the process of excommunication, if neid beis, against them that robbs the patrimonie of the Kirk pertaining to the ministrie, or utherwayes intromitts therewith unjustlie, whereby the ministrie is in danger to decay, be occasion of the povertie of the ministers.
6. And because the conjunctione of marriages pertaynes to the ministrie, the cause of adherents and divorcements aucht also to pertaine to them, as naturallie annexit thereto.
* * * * *
Adulterers, incestuous, and homicids, war ordainit to repair towards their own ministers, there to receave their injunctions, whill the next Convention Synodall of the Superintendants or Commissioners of their own provinces respective, and there to present themselve in linnen cloathes, bareheaded and barefooted, humblie requestand the Kirk there assemblit to receave them to the societie of the faithfull, with farther injunctions, and to bring their testimonialls from their ministers of their behaviour in the mean tyme.
Sessio 3^a.
Forsuameikle as it hes been ordainit be the Generall Assemblies, that all adulterers, murtherers, incestuous persons, and uthers committers of hainous crymes, first sould present themselves to the Generall Assembly, there to resave their first injunctione, and at the next thereafter following, to present themselves in linen cloathes, &c.; And forsuameikle as diverse of the saids offenders partly are far distant frae the places of Generall Assemblies, uthers for povertie and deidlie feids may not nor dare not travell through the countrie to present themselves before the saids Assemblies: for thir causes and uthers considerationes moveing the Kirk presently assemblit, they statute and ordaynit that all sic offenders sall be callit heirafter be the Superintendants and Commissioners of provinces, to compeir before them in their Synodall conventions, to be halden be them twyse in the yeir, to receave and take their injunctions, conforme to the order usit before the Generall Assemblies in all sorts.
The haill Kirk assemblit ordaynes, that all questions heirafter be proponit and presentit to the Superintendants and Commissioners forsaids in the saids Synodall Conventions, there to receave their solutions; and gif any questione happins to be hard for them that shall happen to be at the said conventione, then, and in that case, the Superintendant or Commissioner of Kirks, present the said hard questions to the Generall Assemblie, there to receave solutione in their roome, according to the rule; with certification that no questions hereafter shall be receavit in Generall Assemblies from particular ministers.
Sessio 4^a.
The Kirk assemblit statutes and ordaynes, that all marriages be made solemnly in the face of the congregation, according to the ordour published; and also inhibits all ministers and exhorters, that nane of them solemnize marriages of any persones of uthers congregationes nor their awne, without sufficient testimonialls from their ministers, or else licence askit to obtaine it be the contractors, under the pains establishit before, against the ministers and contractors, with their parents, to make publick repentance at the commone pillar of repentance, at the discretione of their awne kirks.
Sessio 5^a.
The Kirk assemblit ordayns all ministers to inhibit all civil magistrates to hald their courts within Kirks; if need bees, to admonishe.
The Kirke ordaines all Superintendants and Commissioners to plant kirks in their first Synodall conventions hereafter following, with the advyse of their ministers, to reason and appoint publick fasting if it shall be thought necessar; and also that they appoint certaine brethren to creat unitie and concord among the nobilitie of this realme.
Compierit in Assemblie, Mr Robert Wynrahame, collector of Fyfe, and schaw how he was purgit be ane condigne assyse before the civill magistrat, for the slauchter of Thomas Kinries, citicen in St Androis; nevertheless, because the blood was sched against his will, allwayes he willingly offerit himself to the Kirk for satisfaction of the Kirk.
The Kirk ordaines Mr Robert Hamiltone, minister of St Androis, to declare, after the sermone upon ane Sonday, the purgation of the said Mr Robert of the slaughter, and, therefore, call upon him to repaire before the pulpit, exhorting him to enter in consideration with himself, according as is contenit in the book of excommunication, and thereafter to humble himself, ask God, the congregation, and the partie, pardon, and to uthers that were sclanderit with the fault, &c.
Anent excommunicat persons for now adhereing to the established religion, and not joynit thereto of before, yet nottheless, presently of their awne frie will, submitts themselves, and requires to be receavit in the societie of the faithfull. The Kirk ordaines the saids persones to be receavit be the minister in low and humble habite, with sackcloth, observing the order prescryvit in the book of excommunicatioune in all uther poynts.
Quhair ministers are not in practise of excommunicatione, or will be contemnit in their executiones, it is necessar that the Superintendant, or some uther sufficientlie qualified and authorised, use the same.
If it be lisum to the minister to proceed against the magistrats who will not put to execution the acts of Parliament concerning discipline, and uther particular acts universallie agreit upon be their owne particular congregatione, with the sentence of excommunication?
This is else concludit; admonitions passing dwely before, against them.
Promise of marriage, _per verba de futuro_, sall be made, according to the ordour of the reformit Kirk, be the minister, exorter, or reader, takand cautione for abstinence till the marriage be solemnizat.
If ane man ravishe a woman against her will, and her parents, and strike her parents under silence of night, and the magistrat will put no correction thereto, Qwhither if the Kirk sould proceed with monitors and excommunicatione to satisfie the sclander? It is lawfull.
Qwhat order shall be taken with her, who, committing fornication with a man, does suffer the same man heirafter to marrie her own sister, and, hearing the bands proclaimit, wad not reveall the impediment, but, be concealing of the cryme, was guiltie of the incest following? Answer, Baith he and she to be punishit according to the discipline of the Kirk, but chiefly the man, and the second cannot be his wife.
Qwhat order shall be taken with them that impugnes proclamation of bands, and chieflie be infamie, and proves not? Let sic persones be punischit according to the discipline of the Kirk as infamous.
It is altogether unthankfull be any minister of God’s word, to receave any benefice be the presentation of a laick persone patrone, under pactione and condition made with the patrone thereof, tending to simonie, viz., that the patrone have the great part of the teinds and the minister the small portione thereof.
What order shall the Superintendant take with a man that hes suitit libertie to marrie thir three or four yeares, being, before his owne particular kirk, inhibited to marrie, because he deflorit a virgine, being his own servant, lest he wald take her to his wife, seeing the judiciall law is not yet receavit, and alse the man hes her discharge of marriage under the forme of instrument before the decreit was pronuncit against him be his awne particular kirk, all things being trew according to the narrative? It is thocht the decreit gine for sic ane cause may be reduced be the Superintendant, and the man may obtaine liberty to marrie: yea, and there is injurie done to him alreadie.
[TWENTY-THIRD GENERAL ASSEMBLY.]
The Generall Assemblie, begun and holdin at Striviling the 6th of August 1571: In the qwhilk war present the Superintendants, Commissioners to plant Kirks, Barrones, Ministers, Commissioners of Provinces, Townes, Universities, and Kirks. Mr Gilbert Gairden chosen Moderator.
Sessio 1^a.
MR JOHN KNOX EPISTLE.
The mightie Spirit of comfort, wisdome, and concord in God, remaine ever with yow.
DEARE BRETHREN--If abilitie of bodie would have sufferit, I sould not have troubled yow with this my rude inditement. I have not forgot what was layed to my charge, be famous lybells, the last Assembly, and what a brag of adversaries maid personall to accuse at this Assembly, qwhilk I pray you patiently to heare, and judge of me as ye will answer to God; ffor unto yow upon that heid, submit I myself, being assurit that I neither offendit God nor good men in anything that hitherto hes beene layed to my charge. And now, brethren, because the decay of naturall strength threatens unto me certaine and suddaine departure frae the miserie of this life; of love and conscience I exhorte yow, yea in the feare of God I charge and command yow, that ye take heed to yourselffis, and to the flock over the qwhilk God hes placit yow pastors. To discourse of the behaviour of yourselffis, I may not; but command yow to be faithfull to the flock, I dare not ceass. Unfaithfull and tryitors to the flock shall ye be before the Lord Jesus, if that with your consent, directly or indirectly, ye suffer unworthie men to be thrust into the ministrie of the Kirk, under what pretence that ever it be. Remember the Judge before whom ye must make account, and resist that tyrannie as ye wald avoyd hell fyre. This battell, I grant, will be hard; but, in the second poynt, it will be harder; that is, that with the lyke uprightness and strength in God, ye withstand the merciless devorers of the patrimonie of the Kirk. Give men will spoyll, let them doe it to their owne perrell and condemnatione; but communicat ye not with their sins, of what estate that ever they be; neither be consent nor yet be silence, but, with publick protestatione, make this knawne unto the world, that ye are innocent of sic robberie, qwhilk will, or it be lang, provock God’s vengeance upon the committers thereof, whereof ye will seek redress of God and man. God give you wisdome and stout courage in so just a cause, and me ane happie end. Att St Androis, 3d August 1571.
Your brother in Christ Jesus, JOHNE KNOX.
Sessio 2^a.
The haill Assembly concludit that certaine brethren, Commissioners shall passe to my Lord Regent’s Grace, Councill, and Parliament, to reasone and conclude upon the heids, articles, and desynes, presentit in his Grace’s name to this Assemblie, to propone, humblie requeist and desyre, in the Kirk’s name, the granting of sic heids, articles, and redress of complaints, as shall be given to them be the Kirk;--the ane and the uther to be concludit alwayes on, conforme to the instructions to be delyverit to them. Commissioners, John Erskine of Dunne, Knight, Superintendant of Angus and Mernes; Mr John Spottiswood, Superintendant of Lawthiane; John Wynrahame, Superintendant of Fyffe; John Row, Commissioner of Nythsdale and Gallaway; Andrew Hay, Commissioner of Ranfrew and Lennox; George Hay, Commissioner of Aberdeene and Banmff; David Lindsay, Commissioner of Kyle, Carrick, and Cunninghame; David Fargysone of Dumferling, John Dunkesone of the King’s Majestie’s house, ministers: John Ogilbie, Ennerquharetie, Knight; Mr William Lundie of that Ilk; James Johnstoun of Elphinstoune; William Cunningham of Cunninghamheid; Hew Wallace of Carnvaill; Thomas Kennedie of Bardgavie; John Schaw of Grinock; Alexander Forrester of Carden, or any elevine of them, to compeir in Striviling, the 22d of this instant, at nine howres before noone, to counsell and reasone in the commissione given in the last Assemblie.
[TWENTY-FOURTH GENERAL ASSEMBLY.]
The Conventione of the Kirk, halden in the Kirk of Leith, 12th Januar 1571(2): In the quhilk war present the Superintendants, Barrones, Commissioners to plant Kirks, Commissioners of Provinces, Towns, Kirks, and Ministers. Mr Gilbert Gardin, continued Moderator.
Sessio 1^a.
The brethren presently convenit, all in ane voice concludit that this present conventione shall have the strenth, force, and effect, of ane Generall Assembly, and that all things be treatit and endit herein, that may guidlie be done, and usit to be concludit in ane Generall Assemblie, nottheless that all sic brethren as may gudlie travell, conveine to the Generall Assembly, to begin in St Androis the saxt day of March nixt to come, and the Moderator to continow to that tyme, and make exhortation according to the rule.
Sessio 3^a.
The Kirk undirstandand that my Lord Regent’s Grace and Counsell was desyreous that Mr Robert Pont sould accept the place of ane of the Senators of the Colledge of Justice, quhilk he would on no wayes accept, without the advyse of the Kirk; Therefore the haill brethren assemblit, gives licence to the said Mr Robert, to accept and use the said place of a Senator of the said Colledge of Justice, what tyme he shall be required thereto: Providing alwayes, that he leave not the office of the ministrie, but that he exercise the same, as he sould be appoyntit be the Kirk; and this their licence to the said Mr Robert, to be no preparative to no uther minister to procure sic promotione, unless the Kirk’s advyce be had of before, and license obtained thereunto.
[TWENTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assemblie, haldine and begun in St Androis, the saxt of March 1571(2): In the quhilk were present the Superintendants, Barrons, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, Ministers, and Mr John Doglass, Archbishop of St Androis: Mr Robert Hamiltoune, Minister of St Androis, Moderator for this present Assemblie.
Sessio.
Anent the complaint gine in be Mr John Rutherfurd, Proveist of St Salvator’s Colledge, against Mr John Wynrahame, Superintendant of Fyfe, for the wrangous disponyng of the viccarage of their commone Kirk of Kilmeny, pertaining to the said Proveist, and his collegs, brether of the said colledge, as also for obtayning of the gift, and giving of ane altarage in the same colledge, situat at St John’s altar, the gift quhereof, the said Mr John, as proveist, alleadged to haue pertaynit to him, be vertew of foundatione of the same; as at length in the said complaynt was containit: requeistand the Kirk presently convenit to take sic order in the premisses, as godliness and equitie requireth in sic sorte, the Colledge and brethren forsaids be not put to expenses in seeking remedie before uther judges. The kirk haveing consideration of the said complaint, thocht meit to haue inspectione of their foundatione of the colledge, and what the same conteinit anent the presentation and collatione of the said viccarage of Kylmenie, and for that purpose gaue commissione to their brethren, Mr John Row, Gilbert Gardin, William Chrystisone, Andrew Hay, and David Lyndsay, to passe to St Salvator’s Colledge, consider and sie the foundatione thereof, and what they find touching the said viccarage of Kilmeny, and to whome the presentatione and collatione thereof pertaineth; and what they happen to finde, to report the same to the nixt Assemblie.
The said brethren return and reportit what they had fund in the said foundation; the tenor whereof follows in thir words:--
Vicarie de Kilmany electio et presentatio ordinaria facienda ad Dominum, prepositivo et ceteros de dicto Collegio graduatos debent pertinere; Quiquiden vicarius omnia onera ordinaria subire tenetur in fundatione Collegii Sancti Salvatoris, ita invenimus ad verbo scriptum testantibus nostris chirographis Subscriptis, ex commissione ecclesiæ adie numeris destinatis, 7. Mensis Martii, 1571. Gulielmus Chrystesone, David Lyndsay, Jacobus Row, Gilbertus Garden.
In respect of the premisses, the Kirk ordayned to wryte ane letter to the Senators of the Colledge of Justice, testifying what they had funde in the said fundatione, anent the presentatione and collatione of the forsaid viccarage of Kilmeny.
_Item_, Mr John Wynrahame, Superintendant of Fyfe, was accused that he had giuen the Viccarage of Kilmeny to ane that is no minister, nor yet has any functione within the Kirk, wherethrough the minister of the Kirk plantit be himself, is frustrate thereof.
Sessio.
It is concludit that the persone should find bread and wyne to the communion, unless the viccarage exceed the soume of fourtie punds, and in that caise, the Viccarage to furnische the same in tyme cumeing. The Kirk ordayns the Superintendant of Fyfe, to use his awne jurisdictioun as of before, in the provinces not yet subject to the Archbishop of St Androis; and alse requests ane to concurr with the said Arch Bishope when he requires, in his visitatione or utherwayes, within his own boundes, whill the next Generall Assembly: And the said Superintendant to have his stipend as of before; and, in lyke manner, the Superintendants of Angus and Lawthiane, without prejudice of the said Archbishope, except be vertue of his commissione.
[TWENTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assemblie, begun and halden in the Tolbooth of Perth, the Saxt of August, 1572; In the qwhilk war present the Earles, Lords, Superintendants, Barrones, Commissioners to plant Kirks, Commissioners of Provinces, Universities, and Ministers: John Eskine of Dun, Knight, was chosen Moderator be the haill voice of the Assemblie.
Sessio 2.
To the effect that obedience be given to the Moderator presently and hereafter, the haill brethren assemblit, in ane voyce, statuts and ordaynes, that no persone, of what state or degree soever he be of, take in hand to speak without licence, askit and gine, be the Moderator; and after licence obtainit, that the persone speakand, keep moderatione in reasonyng and answering, and alse keep silence when he shall be commandit be the Moderator, under the paine of removeing out of the Assemblie, and not to re-enter therein dureing that conveining; and this to be a perpetuall act for all Assemblies hereafter.
Sessio 3.
Forswameikle as in the Assembly halden in Leith in January last, there was certaine Commissioners appointit to trauell with the Nobilitie and their Commissioners, to reasone and conclude upon diverse articles and heads, then thocht good to be conferrit upon; according to the whilk Commissione they have proceidit to diverse dyatts and conventions, and finallie concludit for that tyme upon the saids heads and articles; as the same producit in this Assemblie proports: In the qwhilks, being considerit and read, are found certain names, sic as Arch Bishope, Deane, Archdeane, Chamber, Chapter; qwhilks names war thocht sclanderous and offensive to the eares of many of the brethren, appeirand to sound to Papistrie; Therefore the haill Assembly, in ane voyce, alsweell they that was in Commissione at Leith as uthers, solemnly protests, that they intend not be using sic names, to ratifie, consent, and agree to any kinde of Papistrie or superstitione, and wisches rather the saids names to be changit in uthers, that are not sclanderous or offensive; and, in lyke manner, protests that the saids heids and articles agriet upon, be only receavit as ane interim, untill farther and mair perfect order be obtaynit, at the hands of the King’s Majestie’s Regent and Nobilitie, for the whilk they will preass, as occasion shall serve: Unto the qwhilk protestation the haill Assemblie, in ane voice, adheres.
[TWENTY-SEVENTH GENERAL ASSEMBLY.]
The Generall Assemblie haldin in the Councill House of Edinburgh, the 6th of March 1572(3): In the qwhilk war present Barrons, Superintendants, James Bishop of St Androis, Commissioners to plant Kirks, Ministers, Commissioners of Provinces, Townes, Kirks and Universities. David Fargysone Moderator.
Sess.
Mr John Row complanit upone for solemnizing the band of matrimonie betwixt the Master of Craufurd and the Lord Drummond’s daughter, without proclamation of bands, and in lyke manner out of dew tyme, viz. upon ane Sonday afternoone at prayer. Answerit, that he did nothing but the command of the sessione of his kirke, and my Lord Ruthven, ane speciall elder of the said kirk.
The Kirk, presently assemblit, for certaine good considerations moving them, statutes and ordaines, that no collections for the poor be made in the tyme of the ministratione of the table of the Lord Jesus, nor yet in tyme of sermones heirafter within kirks, but only at the kirk doore.
The Kirk, presently assemblit, ordains the act made against ministers that marries uther parochiners without proclamation of bands, to have effect and strength against Mr John Row, and underly the samen dureing the Kirk’s will.
Sessio 3.
The Kirk assemblit, statuts and ordayns all ministers and uthers beneficed persones, that hes receaved benefices sen the Reformation, to make residence at the kirks where their benefices lyes, and use their office according to the tennor of thair admissione; and if any beis found to doe in the contrare, that they be callit to particular dyats before the Superintendants, or the Commissioners of the provinces where sic benefices are, to whom the Kirk giues power to depose the saids persones, in their visitationes, for non-residence; and whatever any of the saids Superintendants or Commissioners happins to doe in the premisses, to report to the nixt Assembly.
The Assembly, considering that the trauells of umqwhill John Knox, merits fauourably to be remembrit in his posteritie, Giues to Margaret Stewart, his relict, and her three daughters of the said umquhill Johne, the pensione qwhilk he himself had in his tyme of the Kirk; and that for the year next approachand, and following his deceis of the year of God 1573, to their education and support, extending to ffyve hundred merks money, twa chalder wheit, sax chalder beir, four chalder eats.
The Kirk requestit the kirk of Edinburgh to provyde and appoint some learnit, to support Richard Bannatyne to put John Knox historie, that is now in scrolls and papers, in good forme; and because he is not able to await thereupone, upon his awne expenses, appoynts to him the soume of ffourty pound, to be payit of the 81 years cropt.
Sessio 6.