Georgius Comes de Huntlie
Adam episcopus Orchadensis
Alexander episcopus Candidecase
Clericus Justiciarie
Clericus Registri.
Anent our Soverane Ladiis lettris rasit at the instance of the
superintendentis ministeris eldaris and deaconis of the kirk of
God with in this realme makand mentioun That quhair oure Soverane
Ladie being zealous to have the ministerie sustenit alsweill within
burrowis as to landwart throw hir haill realme hes assignit be the
self and separat a certane partis of the thridis of benefices to that
effect And als for the relief of the taxatioun and contributioun to
be gadderit and upliftit within everie burgh hes grantit and disponit
to the same effect and purpois all annuellis rentis of alteragis
chapellaneriis obittis and sic utheris within burrowis As ane act
maid be hir Majestie with avyise of hir secreit counsale thairupoun
at mair lenth beris Quhairby it is ordanit that the Provest baillies
and counsale of ilk burgh sall compeir befoir certane Lordis of
hir hienes secreit counsale To heir and se ane taxatioun and
contributioun modifiit set and imput be thame Or ony sex or fyve
nominat thairin after the quantitie of the burgh for sustentatioun
of the ministerie within the samyn And anent the charge given to the
provist baillies and counsale of the citie of Glasgow To compeir be
thameselffis or twa of thair nowmer auctorizat with thair commissioun
befoir the Lordis nominat in the said act or ony fyve or sex of thame
At Edinburgh or quhair it salhappen thame to be for the tyme upoun
the sext day nixt efter the charge To heir and se ane taxatioun or
contributioun modifiit appointed and set to be yearlie payit for
sustentatioun of the ministerie within the said burgh Efter the forme
and tennour of the said act With certificatioun to thame and thai
failzeit the saidis Lordis wald proceid to the making modificatioune
and imputting of the said taxt and contributioun upoun the said
burgh efter the quantitie thairof As at mair lenth is contenit in
the saidis letteris executioun and indorsatioun thairof The saidis
Provest baillies and counsale of the citie of Glasgow foirsaid
Comperand be James Flemyng and James Boyd quhais ressonis and
allegationis being hard and understand to the saidis Lordis and thai
ryplie avysit thairwith the Lordis of Secreit Counsale Decernis and
Ordanis the provest and baillies of the said Citie To content and pay
to thair minister resident within the samyn the soume of four scoir
pundis money of this realme of thair awin propir gudis yeirlie in
tyme tocum At twa termis in the yeir Witsonday and Martimes in winter
be equall portions Begynnand the first termis payment at the feist of
Witsonday nixttocum in this instant yeir of God l^m v^c thre scoir
sevin yeris Or at the farthest within xx dayis efter ilk terme under
the pane of rebellioun and putting of thame to the horne And gif thai
failzie thairin to put thame to the horne Or to poind and distrenze
thair reddiest gudis and geir thairfore And for relief of the saidis
provest and baillies That thai imput ane taxatioun indifferentlie
upoun al the inhabitantis of the said citie eftir thair habilitie
And poind and appryise thair reddiest gudis and gear in caise of non
payment And that letteris be direct hereupoun gif neid be in forme
as efferis And that the rest of the said ministeris stipend redaris
and utheris effairis of the kirk be payit of the reddiest of the
annuellis of the said burgh disponit be hir Majestie to that use.
[SIXTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk convenit in Edinburgh, in the
Nether Tolbuith thereof, the first day of July 1568: In the
whilk was present the Nobilitie, Superintendants, Ministers,
and Commissioners of Towns and Kirks. Thanks was gine to God,
and supplicatioune maid for his assistance of his Haly Spirit
be Mr John Willock, &c.
The same day for eschewing of confusione in reasoning, and that
every brother speak moderately in his owne rowme, and that with
reverence and licence, the haill brethren assembleit choose Mr John
Willock, Superintendant of the West, to be Moderator for this present
Assemblie, who, being chosen, acceptit the office under protestatione
that obedience be gine.
Sess. 2^a. Julij 6, 1568.
Anent the ordour hereafter to be usit in Generall Assemblies, to the
desyre of ane letter presentit be ane brother, for receaveing of the
ordour heirtofoir, they all votted and concluded as follows, viz.
That giue the ordour already receavit pleases not, men be reason of
pluralitie of voytes.
It was thought meit to reforme in this manner: First, That nane have
place to voite except Superintendants, Commissioners appointit for
visiting of kirks, Ministers brocht with them, presentit as persons
able to reasone, and having knowledge to judge with the foirnamit,
salbe joynt Commissioners of burghs and shyres, together with
Commissioners of Universities.
Secondlie, Ministers and Commissioners of shyres shall be chosen at
the Synodall Convention of the dioces, be consent of the rest of the
ministers and gentlemen that shall conveine at the said Synodall
Conventioune. Commissioners of burghs sall be appointit be the
({blank space}) Councill and Kirk of their owne townes.
Thirdlie, Nane to be admittit without sufficient commissione in
wreit, and on a venture: if this should come ane monopole and
perpetuall electione of a few certaine ministers and commissioners,
it is concluded that they be changit fra Assembly to Assembly.
Anent the questioune of murther upon suddentie, and for satisfaction
to be made to the kirk theirfore: First, it was answerit that the
cryme being confessit, or convict lawfully, the offender shall be
admonischit be the Superintendant, or be the nixt reformit Kirk where
the slaughter was committit, to abstaine from all participatioune
of the Sacraments, untill that he shall satisfie the Kirk as sall
be appoyntit, and that their admonition sall be published where the
cryme was committit, and where the recent bruite thereof was spread;
to the end that men may understand that the Kirk winks not at the
shedding of innocent blood. Secondlie, if the cryme be denyit, and
that the bruit thereof be constant, and as it were publick, yet shall
the suspect be commandit to abstaine from the use of the sacraments,
untill sic tyme as farder tryall may be had, or else that he be
solemnlie purgit of the bruit, as for the sudden murther; and that
quhilk is committit purposlie we remitt the answer thereof to ane
former act.
Anent the forme of receaving of the homicid or adulterer to the
societie of the Kirk.
Nane that hes committit slaughter, adulterie, or incest, or hereafter
shall committ the same, shall be receavit to repentance be any
particular kirk, till that first they present themselffs before
the Generall Assemblie, thair to receave their injunctions; and
thereafter they shall keep the same order that was prescryved to
Paull Methven in his repentance; this being addeit, that he or they
shall beir in their hand at all the tymes of their publick repentance
the same or lyke weapon wherewith the murther was committit.
Sessio 3^{tia}. Julii 7, 1568.
It was declared and fund, that Thomas Bassendie, printer in
Edinburgh, printed ane book, intituled the Fall of the Roman Kirk,
nameing our King and Soveraigne supreame Head of the primitive Kirk.
Also, that he had printit ane Psalme Book, in the end whereof was
fund printed ane baudy song callit Wellcome Fortune; whilk books he
had printed without licence of the magistrat or revising of the Kirk:
Therefore, the haill Assembly ordained the said Thomas, to call in
againe all the forsaids books that he has sauld, and keep the rest
unsauld untill he alter the forsaid title, and also that he delait
the said baudy song out of the end of the Psalme Book; and, farther,
that he abstaine in all tyme comeing from further printing any thing
without licence of the supreame magistrate, and reviseing of sic
things as pertaine to religione be some of the Kirk appointit for
that purpose. Attour, the Assembly appointit Mr Alexander Arbuthnot
to revise the rest of the forsaid tractat, and report to the Kirk
what doctrine he finds therein.
Sess. 4^a. July 8, 1568.
Anent the excommunication of Papists, and separation of them from the
societie of Christ’s bodie, after dew admonitione, refuising to joyne
themselffes to the Kirk: It is concludeit, that, after they have
receavit sufficient admonitions, according to the order established
in particular kirks, and, they yet remaining obstinate, they shall be
declareit publickly in all congregations necessar, to be out of the
societie of Christ’s bodie, to be excommunicat.
ARTICLES presentit to my Lord Regent.
First, That his Grace knaw the heavie and grievous complaints of
ministers against them, to subscryve the assignatiounes through the
quhilk they are altogidder disappointed of their stipends, for the
assignationes standing, the thirds are not able, as they are ordered,
to pay the ministers’ half-year stipends; in some parts, not the
quarter thereof.
It is thought ane thing very unreasonable that the Papists, enemies
of God’s Kirk and the commonewealth, and utheris that labours not in
the ministrie, shall possess freely, without impositione, the third
of the benefice, and the Kirk, whilk labours, shall not possess the
third.
Herefore, the Kirk desyres that my Lord Regent’s Grace will take
sic order that the commone charges might be sustained upon the two
parts of the benefice possessed be the Papists, and that the third
may remaine frie to be disponit to the Kirk; not that the ministers
desyres more nor thair reasonable stipends, but that the superplus
might support schools and the poor, according to the will of God;
and that the collectors of the Kirk shall yearly make compt thereof,
so that my Lord Regent’s Grace and the Councill shall know the
dispositioune of the samen.
_Item_, To schaw to my Lord Regent’s Grace, that there is sundrie
benefices vaikand, and specially the benefices of the commones
pertaining to Cathedrall and Metropolitane Kirks, that his Grace
would put them to qualified men, be the advyce of the Kirk, at this
tyme, the Kirk being assembled; utherwayes the Kirk must dispone
them as falling to them be reasone of sax moneths past, and nane
presentit; and also the kirks of the Nonreys presently vaikand, to
put qualified persones to them, as in speciall to Northberrick.
_Item_, That my Lord Regent’s Grace will give commissione and
authoritie to certaine persones for reformatione of the Colledge of
Aberdeene, that the corrupt office beirers, Regents and uthers be
removit, and uther qualified persones placeit in their rowmes, so
that the zouth may be instructed in godliness and guid literature.
_Item_, To desyre my Lord Regent’s Grace, order to be taken for
suppressing of vice; whereby the plague of God may be withdrawne
from the countrie, and that his Grace will take diligent care anent
the execution of justice againes sic odious crymes as shall be giue
his Grace in wreit, be the Superintendants and Commissioners of
Countreyes.
_Item_, That his Grace would cause sic as are appointed of the
Councill, conveen with them that are appointed of the Kirk, touching
the jurisdiction of the same to decyde therein, that tyme and place
may be condescended upon to that effect; and that it be done before
the Parliament.
_Item_, To advyse with my Lord Regent’s Grace and Councill, that in
the rowmes and countreyes where no superintendants are, they may be
placed.
_Item_, To understand what may augment or appoynt ministers’ stipends.
ANSWERS to the foresaids Articles be my Lord Regent’s Grace.
Att Edinburgh, the 8th day of July 1568, being on the Secret
Councill my Lord Regent’s Grace, my Lord Simple, my Lord
Glames, Secretar, Lord Ochiltrie, and my Lord Balmirrynoche.
Anent the complaint maid be the Kirk for default of payment of the
thirds of benefices to the sustentation of the ministrie:
The persones addebtit for payment of the same, being at the horne,
and no farther diligence to be usit for obtaining of payment, my Lord
Regent’s Grace, with advyce of the Lords of Secret Councill, ordayne
the thesaurer to receive all letters of horning to be presentit be
whatsumever collectors, either of the 1556 yeares crope, or of the
1557, or in tyme comeing; and upon the saids letters of horning, to
direct letters of horning to officers of armes, or to the shreffs of
the shyres, or uthers ordinare judges, to uptake the escheits of the
persones denunced and put to the horne, and of the first and readiest
escheats to pay to the collectors the soumes auchtand, for the
quhilks the saids persons was put to the horne; friely taking up the
remanent to our soveraigne Lord’s use: At the leist takeing so meikle
above the valour of the debt auchtand as will make the expenses upon
the executione of the letters in uptaking the escheit; So that no
expenses in execution of the saids letters be made utherwayes but of
the escheit of the persone denuncit.
All commone kirks shall be gine to qualified persons, ministers and
els within any prebendaries founded upon the fruits of the teinds of
Kirks, as Dumberney, and Ormistoune in Lowthian, as the prebendarie
vaiks, to be uptaken be the collectors.
Ordaines ane Commissione to be maid for the reformation of the
Colledge of Aberdein, and for placeing of godlie persones masters
thairin.
The row of the committers of vices to be presentit to my Lord
Regent’s Grace, wha shall cause the Justice-Clerk to proceed in forme
of justice againes them.
_Item_, The Lord Regent’s Grace shall giue warning to the persones
nameit in the end of the parliament, to conveine the 8th day of
August.
To the sixth head, That fforsuameikle as superintendants cannot be
presently appoynted, the Kirk mann appoint commissioners for the same
purpose, as they shall think guid to give commission, whill the next
Generall Assembly.
To the seventh head, anent the advyse for augmenting of minister’s
stipends, was be aduyce of my Lord Regent’s Grace and Councell, the
Clark Register, the Laird of Pittarro, and Mr Henrie Balnewis, with
foure of the Kirk, as they shall think meit, or any twa of them.
The Regent’s Letters anent the Chaplenries.
Wee understand that there is some chaplenrie properly pertayning to
the King’s Majesties presentatioune, and some at this present to be
disponit: We heirfore have thought good to require your opinione how
we sall proceid in that behalfe presently and in tyme comeing, that
ignorantly we doe nothing wherewith the Kirk may justly find fault
hereafter. Sic subscribitur,