Part 9

To the end that all that feares God may understand my proceedings in this matter, I shall shortly declare what I did, and what moved me to defend the samen, leaving the finall judgement of all things to the Kirk. First, be the request of Mr Thomas Hepburne, in the Queen’s name, to proclame her with Lord Bothwell, I plainly refused, because he had not her hand wreit; and also the common bruit that my Lord had both ravished her and keeped her in captivitie. Upon Wednesday last the Justice Clerk brought me ane writing subscryved with her hand, bearing in effect that she was neither ravished nor yet retained in captivitie, and, therefore, charged me to proclaime. My answer was, I durst proclaime no bands, and chiefly such without consent and command of the Church. Upon Thursday next, the Kirk, after long reasoning with the Justice Clerk, and amongst the brethren, at length concluded that the Queen’s mynde should be published to her subjects thrie nixt preaching dayes: But, because the Generall Assembly had inhibited all sic marriages, we protested we would neither solemnize, naither yet approve that marriage, but would only declare the Prince’s mynde, leaveing all doubts and dangers to the counsellors, approvers, and allowers of that marriage: And so, upon Fryday thereafter, I declared the haill minde and progress of the Kirk, desyreing every man, in God’s name, to discharge his conscience before the Secret Councill; and to give boldness to uthers, I desyred of the Lords there present in tyme and place, to speak my judgement before the parties, protesting, if I were not heard and satisfied, I either wald desist from proclameing, or else declare my minde publickly before the Kirk. Therefore, being admittit, afternoone, before my Lord in Councill, I laid to his charge the law of adulterie, the ordinance of the Kirk, the law of ravishing, the suspicion of collusioune betwixt him and his wife, the sudden divorcement and proclaiming within the space of four dayes, and last the suspicioune of the King’s death, whilk his marriage will confirme. But he answered nothing to my satisfactione: Wherefore, after many exhortationes, I protested that I could not but declare my minde openly to the Kirk. Therefore, upon Sonday, after I had declared what they had done, and how they would proceed whether we would or not, I tooke Heaven and earth to witness that I abhorred and detested that marriage, because it was odious and sclanderous to the world; and seeing the best part of the realme did approve it, either be flatterie or else be their silence, I desyred the faithfull to pray earnestly that God would turne it to the comfort of this realme, that thing whilk they intended againes reasone and good conscience. I, because I heard some persones gangand againes me, used thir reasones for my defences: First, I had broken no law be proclaiming of thir persones at their request: Secondly, If their marriage was sclanderous and hurtfull, I did well for warning all men of it in tyme: Thirdly, As I had of dewtie declareit to them the Prince’s will, so did I faithfully tell them be word and example what God craveit of them. But upon Tuesday last I was calleit before the Councill, and accuseit that I had passed the bounds of my commissioune calling the Prince’s marriage odious and sclanderous before the world. I answered, the bounds of my jurisdictione, whilk was the word of God, guid lawes, and naturall reasone, was able to prove whatsoever I spake; yea, that their owne conscience could not but beare witness that sic a marriage would be odious and sclanderous to all that should hear of it, give all the circumstances thereof were rightly considered: But whill I was comeing to my probatione, my Lord put me to silence, and sent me away; and so upon Wedensday I first repeatit and ratified all things before spoken; and after, exhorted the brethren not to accuse me give that marriage proceeded, but rather themselves, who would not, for feare, oppone themselves, but rather sharpeit their tongues against me, because I admonished them of their deutie, and suffered not the kankert consciences of hypocrites to sleep at rest; protesting at all tymes to them, that it was not my proclaiming, but rather their silence, that give any lawfullness to that marriage: ffor as the proclaiming did take all excuses from them, so my private and publick impugnatione did safe my conscience sufficiently; and this farr I proceeded in this marriage, as the Kirk of Edinburgh, lords, earles, and barrones that heard me, beare me witnes. Now, seeing I have been shamefully sclandered, both in Scotland be wrang informatione, and als report of them that hated my ministrie, I desyre first the judgement of the Kirk, and next the same to be published, that all men may understand whether I be worthie sick ane bruit or not.

Sess. 5^a. December ultimo 1567.

Anent the complaint give in against my Lady Argyle, declaring how sche once being at the table of the Lord Jesus, and professing his Evangell, had revolted therefrae, in giving her assistance and presence to the baptizing of the King in ane papisticall manner. The said lady being present, grantit that she had offended to the eternall God, and been ane sclander to the Kirk in committing the premises; and therefore willingly submitted herself to the discipline of the Kirk and discretioune of them. Therefore, the Kirk ordaines the said lady to make publick repentance in the Chapell-Royall of Stirling, upon ane Sonday in tyme of preaching; and this to be done at sick tyme as the Kirk hereafter shall appoint to the Superintendant of Lowthiane, provyding alwayes it be before the next Assembly.

APPENDIX

OF DOCUMENTS ILLUSTRATIVE OF THE PROCEEDINGS OF THE FIRST FIFTEEN GENERAL ASSEMBLIES.

The period of time referred to in this _First Part_ of the Booke of the Kirk, extending from the year 1560 to the end of 1567, embraces the earliest era of its existence as a National Church, recognized in the first instance, and ultimately established by the law of the State; and it has been deemed expedient, in this special portion of the present publication, to annex the various acts of Privy Council and Parliament, applicable to that period, as an Appendix to the actings of the first fifteen General Assemblies of the Church, many of which bear reference to these enactments of the civil authorities. These civil and ecclesiastical proceedings throw mutual light on each other, and, conjoined, they afford the most satisfactory view of its progress from the time that it was first sanctioned, until it was finally settled and endowed as the Established Church of Scotland. During the period referred to, it can only be viewed as a tolerated Christian society, but partially countenanced by the State, and struggling to obtain a permanent place among the settled institutions of the land. Thenceforward it is to be regarded as one of the integral elements of the constitution, blended and united with the monarchy and the supreme authority of the State in the Legislature. And hence arises the propriety of thus conjoining the civil and ecclesiastical proceedings during this, the first epoch of its history as the Kirk of Scotland.

ACTS OF PARLIAMENT.

I.

1560, Aug. 17.--The Confessioun of Faith professed, ratifiet, and approveit in Parliament.[7]

II.

1560, Aug. 24.--Concerning the Jurisdictioun and Authoritie of the Bischope of Rome, called the Paip.

The thre Estaitis, then being present, vnderstanding that the jurisdictioune ande autoritie of the Bischope of Rome, callit the Paip, vsit within this realme in times bipast, hes bene verray hurtfull and preiudiciall to our Soueranis autoritie and commone weill of this realme: Thairfoir hes statute ande ordanit that the Bischope of Rome haif na jurisdictioun nor autoritie within this realme in tymes cuming. And that nane of oure saidis Soueranis subiects of this realme sute or desire in ony tyme heireftir title or rycht be the said Bischope of Rome, or his sait to ony thing within this realme, vnder the panis of Barratrye--that is to say, proscriptioune, banischement, and neuir to bruke honour, office nor dignitie within this realme. And the controvenaris heirof to be callit befoir the Justice or his Deputis, or before the Lordis of Sessioun, and pvnist thairfoir, conforme to the lawis of this realme. And the furnissaris of thame with fynance of money and purchessaris of thair title of rycht, or manteanaris or defendaris of thame, sall incur the same panis. Ande that na Bischop nor vther Prelat of this realme vse ony jurisdictioun in tymes to cum be the said Bischop of Romeis autoritie vnder the pane foirsaide.[8]

III.

1560, August 24.--Anent the Abolition of Idolatrie, and all Actis contrair to the Confession of Faith publist in this Parliament.

Forsameikile as thair hes bene diuers and sindrie actis of Parliament maide in King James the first, secunde, thirde, ferde, and fyftis tymes, Kingis of Scotlande for the tyme, ande als in our Souerane Ladeis tyme, not aggreing with Goddis holie worde. And be thame diuers personis tuke occasioune of mantenance of idolatrie and superstitioune in the kirk of Gode, ande repressing of sic personis as were professouris of the said worde, quhairthrow diuers innocentis dide suffir; for eschewing of sic in time cuming, the thre Estaites of Parliament hes annullit ande declarit all sik actis maide in tymes bipast, not aggreing with Goddis worde, ande now contrair to the Confessioune of oure Fayth, according to the saide worde publist in this Parliament, to be of nane avale, force, nor effecte. And decernis the saidis actis and euery ane of thame to haue na effecte nor strenth in tyme to cum, bot the samyn to be abolishit and extincte for euir, insafer as ony of the saidis actis ar repugnant ande contrarie to the Confessioune and word of Gode foirsaidis, ratifiit ande apprevit be the saidis Estaitis in this present Parliament.[9]

IV.

1560, Aug. 24.--Anent the Abolitioun of the Messe.

Forasmeikle as Almichtie God, be his maist trew and blessit Word, hes declarit the reuerence and honor quhilk suld be gevin to him, and be his Sone Jesus Christ, hes declarit the trew vse of the sacraments, willing the same to be vsit according to his will and Word; Be the whilk it is notoure and perfitelie knawin that the sacramentis of baptisme, and of the body and blude of Jesus Chryst, hes bene in all tymes bipast corruptit be the papistical kirk and be their ministeris. And presentlie, notwithstanding the reformatioun already maid according to Goddis Word, ʒit, nottheless, thair is sum of the same papis kirk that stubbornlie perseueris in thair wickit idolatrie, sayand mess and baptizand, conforme to the papis kirk, prophanand thairthrow the sacramentis foirsaid in quiet and secreit places; regardand thairthrow nather God nor his holie Word. Thairfoir, it is statute and ordanit in this present Parliament, that na maner of persone or personis, in ony tymes cuming, administrat ony of the sacramentis foirsaids secreitlie, or in any vther maner of way bot thai that ar admittit, and havand power to that effect; and that na maner of personis say mess, nor ʒit heir mess, nor be present thairat, vnder the pane of confiscatioun of all thair guds, movable and vnmovable, and pvneissing of thair bodeis at the discretioun of the magistrat, within quhais jurisdictioun sik personis happynis to be apprehendit ffor the first falt, Banissing the realme for the second, Justifying to the deed for the third falt. And ordainis all shreffis, stewartis, baillies, and thair deputis, provestis and baillies of burrowis, and vtheris jugeis quhatsumever, within this realme, to tak diligent sute and inquisitioun within thair bounds, quhair any sik vsurpit ministrie is vsit, mess saying, or thai that beis present at the doing thairof: Ratifyand and approvand the samyn, and tak and apprehend thame, to the effect that the panis abovewritten may be execut vpoun thame.

V.

1561, Dec. 22.--Act of Convention of Estates.

_Sederunt apud Edinburgh, xxij. Decembris Anno lxj^{o.}_

The samyn day, forsamekle as the Quenis Majestie, be the advyse of the Lords of hir Secreit Counsale, foirseand the eminent truble quhilk appeirandlie wes to ryis amangis the lieges of hir realme for materis of religioun, to evaid the samyn, and to stay all inconuenientis that may follow thairupon, intercomonit with ane part of the clergie and stait ecclesiasticall, with quhome than ressoning being had, it was thot gude and expedient be hir hienes that ane generall conventioun suld be appointit the xv. day of December instant, quhairto the rest of that estate myt have repairit, and be the avise of the hale ane ressonable overture maid, and ordoure takin for staying of the apperand truble, and quieting of the hale countrey: Quhilk conuentioun being be her Maiestie appointit, and sindrie dayis of counsale keepit, and the said ecclesiasticall estait oftymes requirit that the said ordoure myt be takin, and overture maid, for staying of truble and quieting of the cuntrie: Last of all, in presence of the Quenis Maiestie and Lords of Counsale foirsaid, and vtheris of the nobilitie of this realme, comperit John, Archbischop of Sanct Androis, Robert, Bischop of Dunkeld, Patrick, Bischop of Murray, and Henry, Bischop of Ross, and, for thame selffs respectiue, offerit to the Quenis Grace to be content of thrie partis of the rentis of thair benefices, and the ferd part thairof to be employit as hir Grace thocht expedient. And becaus the certantie thairof was not knawin, nor zit quhat sowmes of money wald sufficientlie sustene the ministrie and ministeris of Goddis word within this realme, nor zit how mekle was necessar to support the Quenis Maiestie abone hir awin rent for the commoun effaris of the cuntrie: thairfoir it is concludit, decernit, and determit be the Quenis Grace, and Lords of Counsale foirsaids, and vtheris of the nobilitie present, that gif the ferd part of the fruits of the hale benefices ecclesiasticall within this realme may be sufficient to sustene the ministeris throw the hale realme, and support the Quenis Maiestie to interteny and sett fordwart the commone effaris of the cuntrie; ffelzeing thairof, the third part of the saids fruits or mair, quhill it be fund sufficient to the effect foirsaid, to be takin up zeirlie in tyme cuming, quhill ane generale ordoure be takin thairin, samekle thairof to be employit to the Quenis Majestie, for entertenying and setting fordwart of the commone effaris of the cuntre: And samekle thairof to the ministeris, and sustentatioun of the ministerie, as may ressonablie sustene the samyn, at the sy^t and discretioun of the Quenis Maiestie and Counsale foirsaid, and the excrescence and superplus to be assignit to the auld possessouris. And to that effect, that the rents and zeirlie avale of the hale benefices within this realme may be clearlie knawin to the Quenis Maiestie and Counsale foirsaids, it is STATUTE and ORDANIT that the hale rentalis of all benefices within this realme be producit befoir hir grace and lords foirsaid, at the tymes vnderwritten; that is to say, of the benefices on this syde of the month,[10] the xxiiij day of Januar nixtocum, and bezound the month, the x day of Februar next thairafter. And ordainis letters to be direct to officiaris of the Quenis shreffis in that part, to pass, charge, and require, all and sindrie archbischoppis, bischoppis, abbottis, commendatoris, and prioris of this realme, on this syde of the month, personale, gif thai can be apprehendit, and failzeing thairof, at the saids archbischoppis, bischoppis, abbottis, commendataris, and prioris duelling places, cathedrale kirkis, or abbayis, and all denis, archidenis, subdenis, chantoris, subchantoris, prouestis, personis, vicaris, ... beneficit men, thair chalmerlanis and factoris, personalie or at their duelling places, or at thair parroche kirkis, quhair they suld remane, to exhibit and produce befoir the Quenis Maiestie, and lords foirsaids, the said xxiiij day of Januar nixtocum, the just and trew rentale of the avale and rentis of thair benefices, to the effect foirsaid; and to charge the prelattis and vtheris beneficit men on the zond syde of the month, in maner respectiue foirsaid, to produce the just and trew rentale of their benefices befoir the Quenis Grace and lords foirsaids, the said x day of Februar nixtocum, to the effect above rehersit; w^{t.} certificatioun to thame that failzies, the Quenis Grace and Counsale will proceid heirin as accordis: And sicklyke to charge the hale superintendentis, ministeris, eldaris, and deaconis of the principale townis and schiris of this realme, to gif in befoir the Quenis Grace and Lordis of Counsale foirsaids, the said xxiiij day of Januar nixtocum, ane formale and sufficient roll and memoriall quhat may be sufficient and ressonable to sustene the ministrie and hale ministeris of the realme, that her Maiestie and Lords of Counsale foresaids may tak order thairintill as accords: And forder, that the Quen’s Maiestie and Lordis of Counsale foirsaids ryplie and digestlie wey and considder quhat necessar support is requirit to be takin zierlie of the frutis of the saids benefices, by her Grace’s avn zeirlie rent to interteny and sett fordwart the commone effairis of the cuntrie agane the said xxiiij day of Januar nixtocum, that than it may be procedit in the said mater, all parties be satisfeit, and the hale cuntrie and lieges thereof set in quietnes.[11]

VI.

1567, April 19.--Act concerning the Religion.

The quhilk day the Quenis Maiestie having considerit the estait of hir Majestie’s realme that it stude at the tyme of hir arryvale furth of France, and yet presentlie standis at, foirseing alssua the common weill of hir cuntrie gretumlie to be incressit and establishit be the keiping of the commone peax and quietnes amangis all her gud subiectis. And like as hir Hienes sen hir foirsaid arryvall hes attemptit na thing contrar the estait of religioune, quhilk hir Maiestie fand publictlie and vniuersallie standing at hir arryvale foirsaid, quhairby hir Maiestie is maist worthy to be seruit, honourit, and obeyit; richtswa hir Hienes intendis to continew in the samyne gudnes and gouernment in all tyme cuming, quhairby all her gud subiectis, professouris of the religion foirsaide, sall haif occasioune to praise God for her gud, happye and gratius gouernement, and to crave of God from the boddum of thair harttis, that he wald of his infinite gudnes to prosper and blis her Maiestie, and hir posteritie, with lang lyf, gud and happye gouernment, to reull and regnne ouer thame. And to the effect alssua that all hir Hienes gud subiectis, professouris of the said religioune, may assure thame selfis to be in full suretie thairof, and of thair landis, lyves, benefices, offices, dignities, jurisdictionis, priuileges, gudis, fame, and honouris in time cuming, and with the better will, jeopard and hasard thair lyves and gudis in hir Hienes seruice aganis all inymeis to hir Maiestie and to the commone weill of this realme at all tymes neidful, as thair predecessouris hes maist frankly done heirtofore, and that withowt feir of ony pane, punishment, tynsell of landis, benefices and gudis, for professing, exerceing, and vsing of the said religioune in tymes bygane, and to cum, to be impute vnto thame or thair airis, nochtwithstanding ony lawis, actis and constitutionis, and canone, ciuile or municipale, or vther quhatsumeuir ordinance heirtofoir institute in the contrar. And for thair greter suretie foirsaid, OUR SAID SOUERANE, with the awyss of the haill thre Estait of Perliament, hes thocht neidful and convenient to dispenss, cass, abrogat and annull, like as hir Maiestie presentlie dispenssis, cassis, abrogattis and annullis all and quhatsumeuir lawis, actis and constitutionis, canone, ciuile or municipale, with all vther constitutionis and practick penale introducit contrar to the foirsaid religioune and professouris of the samyne; and ordains thame and thair posteritie in all tymes to cum, to be fre and exemit from all pane corporall, infame, reproche, depryving from benefices, dignitie or offices, or vther cryme or pane quhatsumeuir that may be incurrit or impute to thame be vertew of the saidis actis, lawis, ordinances, canone, ciuil or municipale, and practik, for contravening of the samyne, renunceand the samyne and strenth thairof in favouris of our saidis subiectis to the effect foirsaid. And siclike the Quenis Maiestie of her auctoritie royall granttit to hir be God, with the awyss of the thre Estatis foirsaidis, takis to hir self and hir posteritie, all hir gude subiectis, thair benefices, landis, offices, guidis, and honouris, to be vnder hir sure salfgard, mantenance, protectioune, and defence perpetuallie, aganis quhatsumeuir foirane auctoritie, pouer, jurisdictioune, and persute, be it ecclesiasticall or temporall. Exemand hir foirsaidis subiectis from all compeirance, summonding, or obedience pretendit or to be pretendit, heirafter agains thame for the caussis foirsaidis, be quhatsumeuir foirane persoune or vther pretendand jurisdictioune or auctoritie throw thame; willing hir subiectis to duell in perpetuall securitie and quietness within this realme, be making of thair maist humbill and faithfull obedience to hir Hienes and hir posteritie in all tymes coming heirafter allenerlie. Like as also hir Maiestie, God willing, heireafter in tyme convenient sall tak forther ordour, in all vther poinctis, concerning the estait of religioune, as may best serue for the glorie of God, commone weill of this realme, and continewing of commone peax and quietnes vniversallie amangis all hir subiectes: Commanding thame, and euerie ane of thame, in all tymes heirefter, to keep mutuale, perfyte and maist hartlie kyndnes, luiff, friendschip, and nychtboureheide, ilk ane to vtheris, vnder all hieast pane and charge, that heirefter may follow, for breaking of this present act of Parliament and her Maiestie’s lauchful commandment.[12]

VII.

ARTICLES PRESENTIT IN PARLIAMENT, treatit and proponit be certane Baronis, Commissaris of Burrowis, and Ministeres, at Edinburgh.--Decr. 1-6, 1567.[13]

In Parliamento, apud Edin. xv. die Decembris, A. D. M.D.LXVII.

Articlis to be presentit in Parliament.

BARONIS,

Johne Erskin of Dvn, ... Williame Lislie of ... Symone Prestoun of ... Williame Dowglass ...

Ministeris--Maist ... Johne ...

It is thocht expedient be this present assemble that thair be adjoinit vnto them, in treating of the thingis concernning the kirkis, thir personis vnderwrittin, to wit, Maister Johne Spottiswod, Maister Johne Craig, Johne Knox, Maister Johne Row, and Maister Dauid Lindesay, or any thre or fowre of thame. And als the Baronis present, thinkis thame owir small ane nowmer to gif judgement in this actioun, and thairfoir desyris to be adioynit to the ... sick as my Lord Regent and Lordis of Secreit Counsale sall think neidf ... And alsua for keping of ane certane ordoure in performing of the ... actioun, it is thocht gude be the Baronis and Commissionaris presentlie convenit ... thai convenit in the Provestis lugeing of Edinburgh, at xj houris befoir none, and to remane thar quhill foure houris efter none, and this ... done ilk day quhill the performyng thairof, and gif it sall happen ... thame to failze herein, he sall be put in the mendis of vs. to be distribu- {blank space}