Sess. 3d, Julii 23, 1567.
Certain brethren were appointed to conveen to sie and advyse upon the
Assignatione of the Stipends of the Ministrie lately assigned be the
Queen’s Majestie, the good payment, who fand in effect as follows:--
We have seen the assignationes within the shreffdomes of Kincardine,
Forfar, Perth, and Fyfe, and finds that all the haill contained
therein, at least for the most part, hes been thankfully payed, and
that the collector hes given his charges for payment thereof duly,
and rests nothing but to put them to the horne, that there be letters
direct, and commission given in the said letters, with consent of the
thesaurer, to collect and uptake the haill fruits of the benefices
of so many as past to the horne for the 1566 year, and sicklyke for
the 1567 year instant, so long as they remane, and to make compt of
the thrid to the ministrie, and so meikle of the two part as they
intromett with to the thesawrer as escheat; and as to the victuall
within the forsaids shyres, we finde that long before any letters
raised upon this assignation, and before the baptisme of the prince,
they were sold to the comptroller, and therefore he must be charged
in his compts to rander sa meike of the prices heirof againe to the
ministers, as is contained in his assignation. Touching the thirds
of the ministers’ assignation beyond Die, except Orkney, findes be
the collector that the 1566 yeares cropt is not used to be payed
whill Lambes in the 1567 year after; and for execution given to him
within bounds shall pass with the possible diligence, and charge that
haill bounds according to the letters, of the whilks he supposes good
payment, as hes been of before, except the bishoprick of Caithness,
whilk the collector alleadges the bishop payes to his ministers of
his own kirk, conforme to the book and compts made of before. _Item_,
Deare, Dunnett, and Pilorthe, are given free to the Earle Marschell,
and the friars of Aberdeen, to Captain Lauder; but it is understood
that all the gifts are revoked, and therefore the collector is to
charge them. _Item_, The victuall within the same bounds are sold
_ut supra_, and therefore the comptroller in his compts shall render
conforme to the first article. _Item_, Besouth Forthe nothing
gotten in; but the collector alleadges that Duncan Livingstoune hes
taken up 11 sh. of xxxvij lb. 11 sh. ijd., as he hes granted be the
particular receipt, and therefore he must be charged to delyver the
same to the said collector. _Item_, Of the thrids contained within
his collectorie, that it is alleadged discharged of the Abbay of
Cambuskenneth, to 323 lb. 6 sh. 8d. 3 chalders beir, and 3 chalders
meall. The thrids of Drybrugh, 304 lb. and 62 part boll qwhyte, 8
chalders, 2 bolls, two part boll beir, 7 chalders, 10 bolls, two part
boll meill.
The thirds of Melros, Haddingtoune, and Northberrwick, the third of
Kelso and Coldinghame; as to Dumfries, Annandale, and Kirkcudbright,
and Wigtoune, the Bishope of Gallaway hes deput certain collectors
for satisfactione of the ministers within the samen.
_Item_, Within Kyle, Carrick, and Cunninghame, executiones past, and
believes to have payment at the nixt ganging in the countrie. _Item_,
Corsraguel is given frie, and the minister of Fairfurd is evill
payd that the act be reised, made be the Queen’s Grace and Secret
Councill, dischargeing the gifts and tacks of all the thirds, and
that nane be given hereafter, without advyse of the Secret Counsell,
to the effect the collector may charge, notwithstanding any sic
gifts. Remember that ilk collector execute within his bounds, that
letters be direct, with consent of the thesaurer, according to the
first article.
The Noblemen, Barrones, and uthers undersubscryvand in this present
Assembly of the Kirk of God, hes condescended and agreed to the
articles following, at Edinburgh, Julii 20, 1567:--
In the first: Forswameikle as there was ane Parliament holden in
this realme, before the Queen’s Majestie’s arrivall in the same, be
the estates conveened for the tyme, authorized with her Heines own
power and commissione; in the whilk Parliament it was concluded, that
the religione of Jesus Christ be universallie receaved within this
realme, should be universally established and approved within the
same, and all Papistrie, with the Papists usurped jurisdictione, all
Idolatrie, and especially the blasphemous Masse, be abolished and
put away; as the acts made thereupon proports: Quhilk acts, together
with the Queen’s Majestie’s power to hold the same Parliament,
the Noblemen, Barrons, and uthers undersubscrivand, wills to be
extract and putt in full executione as ane publick law, and that the
transgressors thereof be punished according to the same throughout
the haill realme, without exceptione: Whilk Parliament in all things
concerning the Religion, they shall defend and maintaine at their
uttermost, in the first Parliament whilk shall be holden at all uther
tymes and occasiones convenient: _Item_, That the act allready made
towards the thirds of the benefices within this realme, principally
for sustaining of the ministrie, may be dewly put to executione,
according to the order of the Book of the appointment of ministers’
stipends, allsweel of them that are to be appointed, as for them
already placed; and that the ministers be first duely answered
and sufficiently sustained of the same, to the relief of their
present necessitie, ay and whill ane perfect order may be taken and
established toward the full distributione of the patrimonie of the
kirk, according to God’s word; and that also the ordinance made be
the Queen’s Majestie and her Councill towards the small benefices,
now extending to the soume of three hundred merks, be dewly put to
executione, alsweell toward the benefices whilks hes vaiked since
the date of the said ordinance, as concerning them that shall happen
hereafter to vake, and sicklike the act made towards the anuales,
abies and altarages of burrowes.
_Item_, How soon ane lawful Parliament may be had, or that the
occasione may utherwayes justly serve, the nobles, barrones, and
uthers of the Kirk undersubscryvand, shall labour and prease at their
uttermost, that the faithfull Kirk of Jesus Christ profest within
this realme, shall be put in full liberty of the patrimony of the
Kirk, according to the Booke of God and the order and practise of the
primitive Kirk, and that nothing shall passe in Parliament unto the
tyme the matters of the Kirk forsaid be first considered, approved,
and established; and in the meantyme the professors undersubscryvand
consents and offers to reforme themselves according to the Book
of God, whilk they shall put in practise, and the refusers to be
secluded from the bosome of the Kirk.
And, moreover, in the said next Parliament, or utherwayes at the
first occasione, order shall be taken for ease of the poor labourers
of the ground, toward the payment of their teyndes in reasonable
manner, and how the samen shall not be sett over their heads, without
their advyse and consent.
_Item_, That nane be permitted nor admitted to have charge over
schoolls, colledges, or universities, or yet openly or privately to
instruct the youth, but sic as hes been tryed be the Superintendants
and visitors of the kirks, shall be found sound and able in doctrine,
and admitted be them to their charges.
_Item_, That all crymes and offences committed against God’s law may
be severally punished according to the word of God, and where laws
are presently appointed for the punishment, and judges also deput to
that effect, that the executione may be made thereupon as effeirs:
And where neither laws nor judges are appointed for sic crymes as are
to be punished be the law of God, that in the first Parliament the
same judges may be appointed, lawes established, as God commands in
his word.
_Item_, That since the horrible murther of the Queen’s Majestie’s
husband is so odious not only before God, but also to the haill
world, with continuall infamie and shame to this realme, if the same
murther shall not be punished accordingly: Therefore the noblemen,
barrones, and uthers undersubscryvand shall, with all their forces,
strength, and power, concurr and assist to take plaine part together,
to further and maintaine the punishment of the said murther on all
and whatsumever persones that shall be found guiltie of the same;
seeing the plague of God shall not depart from the countrey or towne
where innocent blood is shed, before the same shall be cleansed be
shedding of the blood of the offenders.
Seeing it hes pleased God of his mercy, to give ane native Prince
to this countrey, appearand to be our Sovereigne, to the end he be
not cruelly and shamefully murthered, as the King his father was,
the nobilitie, barrones, and uthers undersubscryvand, shall assist,
maintaine, and defend the Prince against all that would doe him
injurie.
_Item_, That all kings, princes, and magistrates, whilk hereafter
in any tyme to come shall happen to reigne and bear rule over this
realme, their first intres before they be crowned and inaugurat,
shall make their faithfull league and promise to the trew Kirk of
God that they shall maintaine and defend, and be all lawfull meanes
sett forward the trew religion of Jesus Christ, presently professed
and established within this realme, even as they are obliedged and
actricted in the law of God, alswell in Deuteronomie as in the second
chapter of the Book of the Kings, as they crave obedience of their
subjects; so the band and contract to be mutual and reciprocall in
all tymes comeing, betuixt the Prince and God, and also betuixt the
Prince and his faithfull people, according to the word of God.
_Item_, That the Prince whom God hes given us, alsewell for his
surety as good educatione, shall be committed to wyse, ancient,
godly, and learned men of the realme, to be brought up within the
same, in the feare of God, and vertew, whereby he may so profite in
his youth, that when he shall come to his yeares of maturitie he may
be able to discharge himself sufficiently of that honor and place
where he shall be called, and prove that good king whilks, with all
their hearts, they wish him to be.
_Item_, The nobility, barrones, and utheris of the Kirk
undersubscryvand, in the presence of God, hes faithfully promised
to conveene themselves together with their power and forces, and
here begine to root out, destroy, and allutterly subvert, all
monuments of idolatrie, and mainely the odious and blasphemous
Masse; and therefore to goe forward throughout this haill realme,
to all and sundrie places, whatsomever idolatrie hes fostered,
haunted, or maintained, and chiefly where masse is said, to execute
the reformatione forsaid, without exception of place or persones;
and shall to the uttermost of their power, remove all idolatrie
and uthers that are not admitted to the ministrie any manner of
way, of the Kirk, from all functione thereof, alswell private as
publick, that they hinder not the ministrie any manner of way in
their vocatione; and in place of the premises, sett up and establish
the true religion of Jesus Christ throughout this haill realme, be
planting of Superintendants, ministers, and uthers needfull members
of the Kirk, seeing the host of the Lord shall pass through the haill
countrey to this effect; and also shall proceed to the punishment of
idolaters according to the law thereupon pronounced: And sicklyke,
shall punishe and cause be punished, all uthers vices that presently
abounds within this realme, whilk God’s law and the civill law of
this realme commands to be punished, and chiefly the murther of
the King lately committed; and in lyke manner promises faithfully
to reforme schooles, colledges, and universities throughout the
whole realme, and expell and remove the idolaters that hes charges
thereof and uthers who hes not as yet joyned themselves to the trew
Kirk of Christ, and plant faithfull ministers and instructors in
their roomes, to the effect the youth be not infected be poysonable
doctrine at the beginning, whilk afterwards cannot be well removed
away.
Follows the subscriptiones of the Earles, Lords, Barrones, and
uthers Commissioners present for the tyme:--
Mortowne. Glencairne. Marr. Home. William Lord Ruthven. Sanquhair.
Patrick Lord Lindsay. Grahame Lord Innermaith. Ochiltrie. Sir
James Balfour. James M‘Gill. Tullibardine, Comptroller. William
Maitland. John Erskine. John Wischart. Glenbervie. John Cunninghame
of Drumquhassell. William Kirkcaldie. John Cathcart of Carltoune.
William Moncreiff. Drumlanrick. Bargavy. Andrew Wood of Largo.
Andrew Stewart. Robert Fairlie of Braid. Archibald Wood. George
Barclay of Mathirs. George Torry of Kelwood. George Home of Spott.
Mr William Lundie. Gilbert Kennedy of Dalquhorne. James Melville of
Reath. Qwhittinghame. Rassyth. Barrow. Pittencreiff. Andrew Ker in
Fawdensyde. Thomas Scott of Harine. Henrie Grahame. John Fullertone
of Dreghorne. Alexander Guthrie of that Ilk. William of Craigings.
William Durhame of Grange. Thomas Dischingtowne. Thomas Scott of
Thirlstane. George Straitoune of that Ilk. Alexander Chrichtoun of
Carko. Mr John Wood. Alexander Ogstowne of Fethercairne. Patrick
Kynninmounth. Robert Lindsay, Thesaurer. John Culless. William
Menzies. John Melvill. William Edmonstoune of Drumleith. Robert
Murray. John Shaw. John Stewart of Mynto. Gilbert Ogilbie of that
Ilk. James Chalmers of Gaitgirthe. Commissioners of Townes--For
Edinburgh, Alexander Clark, Bealie, Mr Clement Little, Mr John
Prestowne, Mr Richard Strang: For Air, Paull Reid, Richard Bannatyne,
Gilbert M‘Millane: For Irving, Alexander Cunninghame, Alexander
Commendator of Culross: For Glasgow, Mr David Weymes, James Boyd,
William Howburne, Alexander Forrester: For Jedburgh, Chirnside,
Kynnochie Mackenzie, Robert Monro of Souls.
THE CONVENTION of Brethren, holden in Edinburgh the 15th
of December 1567, before the Generall Assembly of the haill
Kirk, to begine the 25th of the forsaid moneth.
First were nominat and chosen for every province, brethren to reason
and conferr upon sic things as appearandlie sould be necessary for
setting fordward the affaires of the Kirk, without prejudice of the
Generall Assembly and actiones thereof, December 27, 1567.
Anent the crymes of incest and adulterie, and punishment to be taken
thereanent in the nixt Generall Assembly, the brethren presently
conveinit thinks it necessar that every minister, with the elders and
deacons, shall search out within their bounds, at their sessions, the
forsaids crymes if they be notore, thereafter to signifie the samen
to the Superintendant of the diocie at his Synodall Conventione,
and he thereafter to notifie the same to the supreame magistrate,
requiring to ministere justice and punishe sic hainous offences
according to the law of God, as he will answer to the Supreame Judge
at the day when no respect of persons shall be had; and where no
Superintendants are yet placed, that the ministers, elders, and
deacons, declare the saids crymes to the Generall Assembly, to the
effect forsaid.
[FIFTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, conveened in Edinburgh, in
the Nether Tobooth thereof, the 25th of December 1567: In the
whilk were present Earles, Lords, Barrones, Superintendants,
Ministers, and Commissioners of Townes and Kirks. The
invocatione of God’s name was made be Mr John Craige, ane of
the ministers of Edinburgh.
For eschewing of confusione in reasoning in this present Assemblie,
was chosen Mr John Row, minister of St Johnstone, to be moderator.
Sess. 2^a. December 26, 1567.
The haill Kirk assembled thought it meet that certain brethren be
appointed to concurr at all tymes with six persones of Parliament,
or Secret Councill, as my Lord Regent’s Grace hes nominat for sic
affaires as pertaines to the Kirk and jurisdiction thereof, and also
to discusse of questiones that may occurr in the meanetyme, whais
names followes:--Mrs John Knox, John Craige, ministers of Edinburgh;
the Superintendants of Angus and Louthiane, David Borthwick, Thomas
M‘Calzeane, Mr David Lindesay, minister of Leith, George Hay of
Ruthven, and John Row.
Sess. 3^a. December 28, 1567.
Ordaines that Superintendants and Commissioners appointed shall
plant ministers vaikand in sic rowmes where the parishioners will
gladly sustaine them on their owne expenses, whill other order
be had; and that they remove nane out of their rowme, being found
qualified, without the advyce and consent both of the ministrie, and
kirk-worthie of the place.
Sess. 4^a. December 30, 1567.
Anent the accusatione laid to my Lord Argyll’s charge, touching the
separation betwixt him and his wife; declared that he was not the
occasione thereof. As to other offences whatsoever, wherthrough he
hes been anywayes sclanderous to the Kirk, he was content to subject
himself to the discipline of the Kirk at all tymes maist willinglie;
and, therefore, the Kirk ordained the Superintendant of Argyle to
take tryall of the saids sclanders committed be the said Earle, and
thereafter to cause sic satisfaction be made, as God’s Law appoints,
and to report the order thereof to the next Generall Assemblie of the
Kirk, together with his own diligence in executione of his office of
Superintendancie.
Anent the marriage of the Queen with the Earle Bothwell, be Adam,
called Bishop of Orkney; the haill Kirk finds that he transgressed
the act of the Kirk in marrying the divorced adulterer; and,
therefore, deprives him of all functione of the ministrie, conforme
to the tenor of the act made thereupon, ay and whill the Kirk be
satisfied of the sclander committit be him.
The same day Mr John Craige was bruitit for proclaiming the bands
betwixt the Queen and the Earle Bothwell; who answered be word,
justifying his proceedings thereanent, and was ordained to give in
his purgation in write, to the effect his good mynd and proceedings
may be knowne to all and sundrie that hereafter would be satisfied
thereanent.