Part 4

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

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

Sess. Fifth, 30th Junii 1564.

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

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

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

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

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

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

[EIGHTH GENERAL ASSEMBLY.]

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

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

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

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

TENOR OF THE ARTICLES.

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

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

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

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

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

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

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

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

Session Second, holden December 26, 1564.

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

Session Third, December 27, 1564.

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

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

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

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

[NINTH GENERAL ASSEMBLY.]

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

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

Sessio Second, holden Junii 26th, 1565.

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

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

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

TENOR OF THE ARTICLES.

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

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

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

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

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

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

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

Sess. 3, Junii 27, 1565.

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

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

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

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

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

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

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

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

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

[TENTH GENERAL ASSEMBLY.]

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

Sessio 1^{ma.}

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