Part 3

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.