First, Where her Majestie answers, That she is not persuaded in
religion, neither that she understands any impietie in the masse,
but that the same is well grounded, that is no small grief to the
Christian hearts of her godly subjects; considering that the trumpet
of Christ’s Evengell hes been so long blowne in the countrey, and
his mercy so plainly offered in the same, that her Majestie remains
yet unpersuaded of the truth of this her religione; for our religion
is not else but the same religion quhilk Jesus Christ hes in the
last days revealed frae the bosome of his Father, whereof he made
his Apostles messengers, and quhilk they preached and established
among his faithfull, till the ’gaincoming of our Lord Jesus Christ;
quhilk differs from the impietie of the Turks, the blasphemy of the
Jews, the vaine superstitione of the Papists, in this, that only our
religion hes God the Father, his only Sone Jesus Christ, our Lord,
his Holy Spirit speaking in his Prophets and Apostles, for authors
thereof, and their doctrine and practise for the ground of the same:
the quhilk no uther religion upon the face of the earth can justly
alleadge or plainly prove; yea, whatsomever assurance the Papists hes
for their religion, the same hes the Turks for maintainance of their
Alcorane, and the Jews fare greater for defence of their ceremonies,
whether it be antiquitie of tyme, consent of people, authorietie
of princes, great number or multitude consenting together, or any
uther sicklyke cloaks they can pretend; and, therefore, as we are
dolorous that her Majestie in this our religione is not persuaded,
most reverently we require, in the name of the Eternall God, that
her heines would embrace the means whereby she may be persuaded
of the truth whilk presently we offer unto her Grace, aleswall be
preaching of the Word, whilk is the chief means appointed be God to
persuade all his chosen children of his infallible veritie, as be
publick disputation against the adversaries of this our religion,
deceavers of her Majestie, whensoever it shall be thought expedient
to her Grace. And, as to the impietie of the Masse, we dare be
bold to affirme that in that idoll there is a great impietie; from
the beginning to the ending, it is nothing else but a masse of
impietie; the author, or sayers, the action itselfe, or opinion
thereof concerned, the hearers and gazers upon it, avows sacrilege,
pronounces blasphemie, and committs most abominable idolatrie, as
we have ever offered and yet offers ourselfes, most manifestly to
prove. And where her Majestie esteems that the change of religion
should dissolve the confederacy of allyance that she hes with the
King of France and uther princes; assuredlie Christ’s trew religion
is the undoubted meane to knitt us surely, perfyte confederacie and
friendship with him that is King of kings, and who hes the hearts
of all princes in his hands, whilk ought to be more precious to her
Majestie nor the confederacie of all princes of the earth, without
the whilk neither confederacie, love, nor kindness, can indure.
Concerning her Majestie’s answer to the second article: Whereas, she
thinks it nowayes reasonable to defraud her self of the patronage
of benefices, whilk her Majestie esteems to be ane part of her
patrimonie, and that her Majestie be minded to retain a good part of
the benefices in her own hands to support her common charges:
As to the first point, [it is not our meaning,] that her Majestie
or any uther patrone within this realme should be defrauded of
their just patronages. But we meane, whensoever her Majestie or
any uther patrone does present any persone to a benefice, that the
persone presented should be tryed and examined be the judgement of
learned men of the Kirk, sick as are presently the Superintendants
appointed thereto; and as the presentation of benefices pertains to
the patrone, so ought the collatione thereof, be law and reasone,
appertaine to the Kirk: of the whilk collatione the Kirk should not
be defrauded more than the patrones of their presentatione; for
utherwayes it shall be leasume to the patrone, absolutely to present
whomsoever they please, without tryall or examination: what then can
abide in the Kirk of God but ignorance without all order?
As to the second point, concerning the retentione of ane good part of
the benefice in her Majestie’s own hands: This poynt abhors so far
from good conscience, alsweill of God’s law as frae the publick order
of our common lawes, that we are loath to open up the ground of the
matter be any long circumstances; and therefore we most reverently
wishe that her Majestie would consider the matter with her selfe and
her wise counsell, That howsoever the patronages of benefices may
appertaine to herself, or the retention thereof in her own hands
undisponed to qualified persons, is both ungodly, and alse contrare
to all publick order, and brings noe small confusione to the poor
soules of the common people, who be these meanes should be instructed
of their salvatione. And where her Majestie concludes, in the second
answer, that she is content that ane sufficient and reasonable
sustentatione of the ministers be provided to them, be assignationes
in places most commodious to them, consideration being had of her
own necessitie; as we are desirous that her Grace’s necessitie be
relieved, so our dewtie craves, that we should notifie to her Grace,
the trew order that should be observed to her in this behalfe, whilk
is this: The teinds are properly to be reputed to be the patrimonie
of the kirk, upon the whilks, before all things, they that travells
in the ministrie thereof, and the poor indigent members of Christ’s
body, ought to be sustained; the kirks also repaired, and the youth
brought up in good letters: whilks things being done, then wher
necessitie reasonablie might be supported, according as her Grace and
her godly counsell thinks expedient: allwayes we cannot but thank her
Majestie most reverently of her liberall offer of assignation to be
made to the ministers for their sustentation, whilk not the less is
so generally conceaved, that without more speciall condescending upon
the particulars thereof, no executione is likelie to follow thereon;
and so to conclude with her Majestie at this present, We desyre most
earnestly the saids ministers’ articles to be reformed, beseiking
God that as they are reasonable and godlie, so her Grace’s heart and
the Estates presently conveened may be inclined and persuaded to the
performance thereof.
Sess. 2^d, December 25, 1565.
Anent the generall complaint of ministers, exhorters, and readers,
for wanting of their stipends, and as touching them that hes put
violent hands on ministers for reproveing of vyce, The haill
Assemblie ordained ane generall supplicatione to be presented to her
Majestie and Councell, and alse required the Lord Lindsay and David
Murray, brother to the Laird of Balvaird, to present the same, and to
report the answer again to the Assembly; the tenor whereof follows:--
Unto your Majestie and most honorable Councill, humbly means and
complains,
We, your Grace’s most obedient subjects, the confessors of Christ
Jesus and his holy Evangell within this realme, in name and behalfe
of our ministers, exhorters, and readers; That where oft and diverse
tymes promise hes been made unto us that our saids brethren,
preachers and travellers in the kirk of God, should not be defrauded
of their appointed stipends, neither yet should be in any wayes
molested in their functions, yet notthelesse universallie they want
their stipends appointed for diverse tymes bypast, violent hands
are put in the same, for no uther cause, as they alledge, but for
reproving of vyce, and nane knaws what assurance he shall have of
ane reasonable life in tyme to come: Our maist humble request is
therefore unto your Majestie, that our ministers may be payed of
their bygone stipend, that sic as have receaved assignationes thereof
from the former collectors may have execution of their assignation,
that your Grace pleases to appoint them the assignation promised in
your Hienes last answers to the petitiones of the kirk, so that we
may know by what means our saids ministers shall be sustained in tyme
to come; and, finally, how they may live without molestatione of
wicked men; and your Grace’s answer we most humbly beseik.
Anent the question, Whether any man might marry his wife’s brother
daughter, or his wife’s sister daughter, or what order should be
taken in any sic marriages were made; It was voted, and found be
the word of God, that nane may marry his wife’s brother daughter,
or sister daughter, and if any sic marriages were contracted, to be
null, and not to stand.
Persons revolting from the profession of the gospel, be offering
their children to be baptized after the papistical manner, or
receiving themselves the sacraments of the altar, after admonitione,
to be excommunicat if repentance interveen not.
Sessio 3^{tia}, December 27, 1565.
Anent the complaint given in be the Superintendant of Lowthiane,
against Mr Patrick Craicke, minister of Ratho, for marrying of Robert
Patersone and Jonat Little, in Dummaine kirk, neither the bands being
proclaimed, nor yet satisfactione made to the Kirk of Edinburgh,
according to the tenor of the decreet of the last Assemblie:
The said Mr Patrick granted publickly that he had offended, and
submitted himself to the correction of the kirk. Therefore, be the
haill Assembly, he was ordained to satisfie the will of the Kirk of
Edinburgh, upon two severall Sundayes, be his own open confession,
when the said Kirk of Edinburgh shall require him, and the third
Sunday to satisfie the kirk of Dummainie, where the offence was
committed; suspending for this present all farther correction, in
hope of his better bearing in tyme to come.
The haill Assembly, with one voyce, statutes and ordaines, That no
ministers hereafter receave the parochiners of ane uther parochine
to be married, without ane sufficient testimoniall of the minister
of the parochine wherefrae they came, that the bands are lawfullie
proclaimed, and no impediment found, so that the order that has been
taken be the kirk, in sic affaires, be dewlie observed under the
paine of deprivation frae his ministrie, tinsell of his stipend,
and uther paines, as the Generall Kirk shall hereafter think to be
imponed.
Anent the complaint given in be the Superintendant of Fyfe, against
John Melvill, minister of Carraill, alleadgeand the said John to
proceed to the solemnizatione of marriage betwixt Robert Arnot and
Euphame Corstorphine, notwithstanding ane uther woman claimes the
said Robert: The haill Kirk Assemblie ordained ane inhibitione
to pass against the said John, that he on nowayes solemnize the
said marriage until sic tyme as Mr John Douglass, Rector of the
Universitie, and Mr James Wilkie, Regent, hear the complaints to be
given in be the said Superintendant, and alse be any uther partie
havand enteres, and the same be discussed be them; givand power to
them to give forth sentence according to God’s word, and use the
censures of the kirk against the disobeyers.
Sessio 4^{ta}, December 28, 1565.
Mr John Furde, Minister of Dummanie, is ordained to satisfy, as is
before sett downe in the 3d Session, anent Mr Patrick Craicke, for
his offence, specifiet in the Act of the first Session, suspendand
the said John from all function of the ministrie, in the meantime,
whill the compleating of the said satisfaction, and thereafter to
returne to his vocation of ministrie.
It was asked if it be lawfull that ane minister, what title or honor
ever he bear, receiving sufficient benefite and provisione off
his flock, may leave them, and make his common residence in uther
places, sae that his flock is destitute alswell of his doctrine
and ministrie, as of uther comforts that the flock should receave
of ane faithfull pastor--notwithstanding that worldly reasons may
seem to excuse the absence of some? The answer; No minister of the
Evangell of Jesus Christ, nor no persone receiving sufficient living
for preaching of the Evangell, may, with safe conscience, leave his
vocatione, together with his flock, and the place appointed for his
ordinarie residence, what patrimonie and oversight that ever he hes,
be corruption of tymes, or negligence of rulers, so to doe.
If sic as hes entred in the ministrie, been appointed be the
Superintendants, and received of the people, may leave their vocation
and follow the world, because they have not sufficient stipend?
Answer: Seeing that our Master Christ Jesus pronounces that he is
but ane mercenarie, who, seeing the wolf coming, fleeth for his own
safeguard, and that the very danger of lyfe cannot be ane excuse for
sic as shall fall back from Christ, we nowayes think it lawfull that
sic as ance put their hands to the plough shall leave the heavenly
vocation and return to the prophane world, for indigence or povertie;
lawfully they may leave ane unthankfull people, and seek where Jesus
Christ his Evangell may bring forth better fruit; but lawfully they
may never change their vocation.
If known murtherers, or convict adulterers, together with sic as
committ horrible crymes, may not, upon the notorietie of their fault,
be once denounced excommunicat, for declaration that the Kirk abhors
sic impietie? Answer: The Kirk may and ought to purge herself of
all sic notorious malefactors, provyding the offender be lawfully
called and convict, either be their owne confessione or be witnesses.
The order to call them for the sclander (for civil things we remitt
to the magistrates) we judge to be this: Whensoever sic fearfull
crymes are committed, if it be in the countrie, the minister, reader,
or exhorter of that place, or if there be none, the minister of
the place next adjacent, ought to give notice of the fact to the
Superintendant of that diocie, who, without delay, ought to direct
his summonds, charging the persons sclandered to compear before
him at a certain day and place; or if it be done in towns where
order is established, the Session thereof ought to call the accused
offenders, who, if they compeir, and either alleadge just defense, or
show themselves unfainedly penitent, then must the Superintendant,
or Minister and Kirk without the Superintendant, dispense somewhat
with the rigour of the punishment, secluding only the offender fra
participation of the sacraments till farder tryall of his repentance,
and that both their diligence and sentence to be publickly pronounced
in the kirks where the offence is known. But if the offender be
stubborne, as if he compeir not, or shew himself little touched
with his offence, then ought the Superintendant, with advyce of
the next reformed Kirk, to decerne him or them to be secluded from
participatione of communione with the faithfull members of Jesus
Christ, and to be given to Satan for the destruction of the fleshe,
whoes slaves (be impietie committed and impenitence showen) they
declare themselves to be; and their sentence to be published in all
places where the offence is knowne. If the person or persons secluded
from the sacrament be negligent in seeking reconciliation with the
Kirk, behave themselves insolently or utherwayes then it becomes
penitent persones, the Kirk, after admonitione, may proceed to the
uttermost; for wanton behaviour, after iniquitie committed, is ane
plaine argument of impenitence, and negligence to seek reconciliation
declares that contempt lurks in the heart.
If baptisme administrat be ane papist priest, or in the papisticall
manner, shall be reiterat? When sic children comes to years of
understanding, they should be instructed in the doctrine of
salvatione, the corruption of the papistrie might be declared unto
them, whilk they most publickly damne, before they be admitted to
the Lord’s table; whilks if they doe, there needs not the externall
signe to be reiterat; for no papist ministers baptisme without water
and some forme of words, whilks are the principalls of the externall
signe; we ourselves were baptized be papists, whose corruptions and
abuses now we damne, cleaveing only to the simple ordinance of Jesus
Christ, and to the veritie of the Holy Spirit, whilk makes baptisme
to work in us be proper effects thereof, without any declaration of
the externall signe. If sic children come never to the knowledge of
trew doctrine, they are to be left to the judgement of God.
What order ought to be used against sic as oppress children? As
concerning punishment, the civill magistrate ought therein to
decerne. As touching the sclander, the offenders ought to be secluded
from participation of the sacraments whill they have satisfied the
Kirk, as they shall be commanded.
What punishment shall be used against them that ly in fornication
under promise of marriage, whilk they deferr to solemnizat, and
to satisfie be publick repentance for the sclander given? Answer:
Alsewell the man as the woman should be publickly [admonished] in the
place of repentance; Likewise satisfie on ane Sunday before that they
be married.
[ELEVENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, holden in Edinburgh, within
the Councill-house thereof, the 25th day of Junii 1566: In
the whilk were present Earles, Lords, Barrons of the Privie
Councill, viz. Earle Huntly, Chancellour, and Earle of Argyle,
Alexander of Galloway, Adam of Orkney, ane of the Session, John
Commendator of Lindores, James Balfour of Pittendeth, Knight,
with the Superintendants, Ministers, and Commissioners for
towns, particular kirks: The Invocatione of the name of God be
Mr John Craig, minister of Edinburgh.