Ane man being accused of notorious fornication, promised faithfully
to the minister for the tyme to abstaine in all tyme comeing from all
society with that woman, and in case he chance to have any dealings
with her hereafter he should marry her--thereafter he meddled with
the same woman: _Quæritur_, whether this man may be compelled to keep
the forsaid promise or not?
The Kirk ordaines all sic promises to be of none effect, and that
none be compelled to marry upon sic promises; and ordaines this
offender to be punished for his offence.
Whether if it be lawfull to marry her whom he before in his wife’s
tyme had polluted with adulterie, his wife now being dead?
The Kirk will not grant this thing to be lawfull that God’s law
damns; neither yet admitt any sic marriage for causes contained in
the law.
Ane man being divorced for adulterie--_Quæritur_, whether he may
marry again or not?
The Kirk will not resolve herein shortly, but presently inhibits all
ministers to meddle with sic marriages, whill full decision of the
question.
Sessio 4^{ta}, Junii 28, 1567.
Anent ane complaint given in be the brethren of the kirk of Machlin,
That where they had, be the just law of God, pronounced the sentence
of excommunication against John Spottswood of Foulde, sometyme ane
Elder of the said kirk, for the horrible cryme of adultrie committed
be him; Nottheless, Sir William Hamiltone of Sanquhair, Knight, now
ane Elder of the said kirk, plainly maintaineth the said John in his
house, notwithstanding the said John is excommunicat, to the greate
sclander and offence of God his law: And albeit the said Sir William
hes been diverse tymes admonished to withdraw his familiar company
frae the said Johne, yet not abstract the same, to the offence of
many; requireing the Kirk presently assembled to take order herein,
according to the wisdome of the brethren present, that farder
sclander ryse not therethrough.
The Kirk ordaines ane letter to be sent to the said Sir William,
requireing him to remove the said John Spottswood out of his company,
and the same to be subscribed be the Clerk of the Assembly; the tenor
whereof follows:--
Right Worshipfull, &c.--Forsuameikle as we are informed be the
minister and ane part of the elders of the kirk of Machlein, that ane
called John Spottswood, sometyme an elder of the said kirk, for the
adulterie committed be him in the tyme he was an elder, and the same
beand sufficiently proven, hes been, and is publickly excommunicat;
Nottheless ye now, being ane elder of the said kirk, contrare to your
charge and vocation, maintaines and keeps in your company the said
John, notwithstanding diverse admonitions made to you to put him
therefrae, to the great contempt of God’s ordinance, and sclander
of the Kirk of Jesus Christ, whilk we looked not for at your hands,
being placed in so honourable ane rowme within this kirk: Therefore,
this is most heartily to require you, in the name of the Eternall
God, and as ye look to reigne with [his] Son Jesus Christ for ever,
to remove from you all manner of sclander, and be not partaker of
uther men’s sins, but remove from your societie that wicked persone,
who being abhored be the faithfull, may be God’s grace repent his
impietie, and returne to that company of the ffaithful, from the
whilk be his hainous offence he hes so horribly fallen; in the
whilk doing ye shall not only please God, but also have praise of
us your brethren; utherwise we may not with safe conscience suffer
sic maintaining of wickedness, but must oppose ourselves thereunto,
and use the censures of the kirk, alsweell against the maintainer
as the committer of manifest crymes: And this, wishing unto you the
spirit of righteous judgement, committ you to the protection of the
Omnipotent.--From Edinburgh, out of our Generall Assembly, and fourth
Session thereof, the 28th of Junii 1567.
The haill kirk thought good that ane publick ffast should be
proclaimed in the toune of Edinburgh only, to begin on Sunday the
13th of July nixt, and on Sunday the 20th of the same; and so was the
Assembly dissolved, and appointed the 20th day of July nixt to come
to Edinburgh.
[FOURTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, conveened at
Edinburgh, the 21st day of July 1567; In the whilk were
assembled Earles, Lords, Barrons, whose names are written after
the Articles be them subscribed, with the Superintendents,
Ministers, and Commissioners of Townes. Thanks was given to God
be Mr John Craig, Minister of Edinburgh.
Sess. 2^a, Julii 22, 1567.
Tenor of the Letter of Excusatione of the Earle of Argyle, of his
absence from this Assembly, followeth:--
After our most hearty commendatione: We have receaved your writings.
Understandand be the same your earnest travells and godly zeale in
erecting of this our kirk within Scotland; according to our dewties
and your Assembly to this effect, wherunto ye have desyred us, yet
somethings having admiratione that ye should have assigned your
Assembly, whereunto ye desyre the principall members of the haill
kirk, without their owne advyce and consent. Having concurred with
them of before alsweell anent the places of Assembly as in matters
to be treated in the same, be reasone the brethren else assembled
in Edinburgh are in armes, and as we understand, the rest that is
to come there comes in the lyke manner, whilk is far by the use and
customed manner we have seen before; and as it is not unknown unto
you what varietie is presentlie in this realme, yet not doubting
your intents and myndes to be only direct as ye have afore showen:
Nottheless, because our brethren else assembled in Edinburgh are in
armes, accompanied by men of weir, we not being participant with
their proceeding, neither yet hes adjoyned ourselves thereintill,
cannot at this tyme be present at the tyme appointed, according to
your desyres; yet assuring you, likeas in tyme past we not only have
bestowed our goods in the maintainance of God’s cause, but also
has hazard our life and our friends, in the same state we mynde to
continew; and since the impediment to our conveening, albeit willing
to all godly proceedings, is for the causes after specified. In
the mean tyme, we will earnestly request you that no novations nor
alterations be made or attempted whill our meeting, whilk we trust in
God shall be shortly, so that none of our brethren nor we in absence
have occasion to mislyke any of your proceedings; because sic grave
matters requires ane common consent alswell in their approveing as
that they may the better be born with: for your awn wisdomes we
doubt not will consider the factiones of our adversaries, that they
will never allow our doings, and therefore it is more than necessar
there be no diversitie of mindes amongst ourselves; yea, we will
finde all matters frame the better if we be all present when they are
concluded: So, not willing to impasche you with long letters, hes
committed farther of our minde to this bearer your servitor, to whom
please give credite; and so committs you to God. The 18th of Julii
1567.
Your assured in the Lord,
AR. ARGYLE.
The tenor of the Commendators of Arbroath, Kilwinning, and my
Lord Boyd’s excusations, agreeing in all poynts, follows:--
After most hearty commendationes in the Lord Jesus: We have received
your writting, dated at Edinburgh, the 26th of Junii, schawand
in effect, albeit God in his goodness hes sent the light of the
Evangell of salvation within this realme, to the great comfort
and prosperitie of all the faithfull within the samen, and their
posterities; yet, nevertheless, Satane, with his ministers, at every
light occasion hath frustrate, in tymes past, the ministrie of their
life and sustentation, the lame and impotent members of Christ
alsweel frustrate of their livings, dieing in the street for hunger
and cold, and the haill flock of Christ Jesus within this realme
continually threatened to be made sacrifice of be the practice of the
enemies, as your writtings containes at length: ffor meeting of the
whilk, and provyding remead thereto, ye desyre us to be in Edinburgh
the 20th of this instant at the Assembly of the Kirk, whereby ane
perpetuall order may be taken for the libertie of the Kirk of God,
the sustentation of the ministrie, and the failzied members thereof,
so that the haill members of the Kirk might be sure union and
conjunction, be more able to gainstand the violence of the foresaids
enemies.
For answer: It is not unknown unto you how the nobilitie of this
realme is divided be reason of the Q. Majestie holden where she is,
and that the towne of Edinburgh, where ye desyre us to conveen, is
keeped straitly be ane part of the nobilitie and men of warr of
their retinue, to whose opinion we are not adjoined as yet; and,
therefore, we cannot think ourselves sure to conveen the said day
and place ye desyre us to keep; and also thinks marvell the haill
multitude of Protestants within this realme should have been desyred
to have conveened in sic ane place; the matter standand as it does.
Nevertheless, we favour our party shall be willing to sett forward
at all tymes the light of Christ’s Evangell to be clearly preached,
and the ministers thereof to be sustained, and the furthering of the
policie concerning the Kirk in all sorts, so far as it may stand be
ane law. Likeas, we have been in all tymes bypast, since it pleased
God to open our eyes and shew the light of his blessed word; and thus
will cumber you with no longer Letter, but prayes God to have you in
his eternall protectione. At Hamiltoune, the 19th of Julii 1567.
Your loving friend at power in all godliness,
ARBROTH.