The tenor of the Act made for Assignatioune of Stipends.
Forsuameikle as this lang tyme bygane the ministers hes been
universallie defraudit and postponit of their stipends, and now at
last it hath pleasit God to move the hearts of the superiour power
and Estates of this realme to grant the thrids of the haill benefices
within this realme to the ministers of Christ’s religione be plaine
and publick proclamation, as at mair lenth is conteinit in the said
Parliament, holden at Edinburgh in the moneth of December 1567; In
respect quhereof the Kirk presently convenit finds it maist needfull
and expedient, that all Superintendants, Ministers, Exhorters, and
Readers, shall have their owne particular assignations appointit to
them, to receave the same frae the hand of the laborers, taxmen,
or uthers addebtit in payment of the saids thirds: And therefore
the Kirk in ane voyce, be this act, gives their full power and
commissione to every Superintendant and Commissioner of Kirks within
their owne bounds, as they shall find the same expedient, under
the Superintendant’s subscriptione and ministers foresaids, with
all clauses needfull and expedient thereto, quhilks sallbe alse
sufficient as if the same were specifiet be the Generall Assembly of
the Kirk. And as concerning the Superintendants and Commissioners of
Kirks, their provisione and assignatione to be made be the Generall
Assembly of the Kirk.
And to the effect this act may take full perfectione, the Assembly
present requyres maist humbly, my Lord Regent’s Grace and Secrett
Councill, to interpone their authoritie thereto, that the
assignations forsaids, generall and particular, as they shall be
presentit to his Grace, may be specifit in forme of provisione ad
vitam, under the Privy Seal, with ordinance thereupone, that Letters
may be direct at every man’s instance, under all the four formes,
as is grantit to the possessors of the twa part; and alse to the
same end, that his Grace and his Counsell forsaid wald decerne the
thrids of the benefices forsaids within this realme, to be separate
and devydit reallie and with effect, from the twa part, so that the
Kirk may intromitt with the thrid part, as the possessors does with
the twa part, the superplus always to be comptable to the commone
effaires, conforme to the act of Parliament.
Sess. 5^a. July 9, 1569.
My Lord Regent’s Letter to the Assembly.
After our maist hearty commendations; Seeing we are not able to be
present at the Assembly now approachand, as our intentione was,
We thocht it convenient, brieflie to give you significatioune
of our meaning in wreit, of the quhilk we pray you to take good
consideration, and, accordingly, to give your advertisement. Ye are
not ignorant, as we suppose, what has beene the estate of the Kirk
of God within this realme, baith before we acceptit the burding of
regiment and sinsyne: How, first, the thirds of benefices war grantit
to the ministrie, thereby partlie relievit and sustainit in sic
sort, that nothing inlaikit that our travells could procure. The
first order, indeed, was divers wayes interruptit and brokin in, but
chiefly in that year when we were exyled in England, quhairthough
that year the haill ministers war frustrate of their livings.
Shortly, in the estate of Government altering at God’s pleasure,
and the King our soveraigne being inaugurat with the crowne of this
kingdome, the first thing we war careful of was, that the trew
religion might be established, and the ministers of the Evangell
made certain of their livings and sustentatione in tyme comeing: ye
knaw, at the parliament we war maist willing that the Kirk sauld
haue been put in full possessione of the proper patrimonie, and
toward the thrids we expeded in our travel, and inlaikit only a
consent to the dissolutione of the prelacies, whereunto, although
we were earnestly bent, yet the estates delayit and wold not agree
thereunto; and sen that tyme to this houre, We trust we will affirme,
that we have pretermittit nothing that may advance the religione,
and put the professors thereof in surtie, whereanent the haill and
only inlaike hes been in the ciuill troubles that God hes suffered
the countrie to be plagued with. Now, the matter being, after so
great rage, brought to some stay and quietness, it was convenient
that we returne where matters left and prease to reduce them to the
estate they stand in. Ane thing we must call to remembrance, that
at sic tyme as we travellit in the parliament to cause the estates
to agrie, that the thrids should be decernit to pertaine to the
ministrie, they plainly opponit them to us in respect of the first
act, alleadgeand, that, with the sustentation of the ministrie, there
was also regard to be had to the support of the puire, in sustaining
of the public chairges, quhilks, if they had not some reliefe be
that meine, the revenue of the crowne being so diminisched, and
the ordinare charges cume to sic grytnes, on force they wold be
burdenit with exactions; and so this dangerous argument compellit us
to permitt to the estates, that we wold take upon us, the act being
grantit to the Kirk, they should satisfie and agrie to ony thing
sould be thocht reasonable, for supporting of the public charges of
the prince. And, according to this, the Commissioner Deput for the
affaires of the Kirk agriet to certaine assignations of the thrids
for supporting of the King and us bearing authoritie; quhilk order
had been sufficient for the haill, give the ciuil trouble had not
occurrit; yet the disobedience growand so universallie, we are
content to sustaine ane part of the inlaik and loss for the tyme
past. But because there hes bene murmure and grudge for that thing
assignit to the King’s houss and ours, and some other needfull
things in the State, as that thereby the Ministers were frustrate
of their appointit stipends, some communicatione was had at St
Androis, and nothing yet concludit qwhill the Generall Assembly of
the Kirk, quhilk now moves us wreit to yow in this forme, prayand
yow richtlie to consider the necessitie of the cause, and how the
same hes proceeded frae the beginning, haveing respect, that the
Kirk will not be very well obeyit without the King’s authoritie
and power, and that now the propertie of the Crowne is not able to
sustaine the ordinarie chairges. How in the beginning the thrids
had not been grantit giue the necessitie of the prince had not been
ane of the chief causes; and at the parliament, the estates, as we
have before written, stak to consent that the haill thrids sould be
declareit to pertaine to the ministrie, whill first we take in hand,
that they being made without conditione in favours of the Kirk, the
same wold againe condescend to so meikle as wold be sufficient to
the support of the publick affaires, in furthsetting of the King’s
authoritie, and that therefore we will agrie and condescend to ane
certaine and speciall assignatione of it, that sall be imployit to
this use: The quantity qwhairof, diverse of your selves and the
beirer heirof, Mr John Wood, our servant, can informe you, that after
ye may distribute to everie ane haveing chairge in the Kirk of God
his stipend, according to the conditione of the place he serves in,
according to your wisdomes discretione. Hereby, all confusione that
lang hes troublit the estate of the Kirk toward the stipend, shall
be avoidit, and some speciall provision being made for sustaining
of their publick chairges, we may the better hald hand to sie the
Kirk obeyit of that whereon the ministers should live, as ye shall
reporte. That dureing our travells in the north countrey, they have
found our effectious good will, and travellit in their furtherance.
Farder, we man put yow in minde brieflie of ane matter that occurrit
at our late being in Elgine. Ane Nicoll Sudderland in Forres was
put to the knawledge of ane assyse for incest, and with him the
woman: the assyse hes convict him of the fault; but the question is,
whether the same be incest or not, so that we behovit to delay the
executione whill we might have your resolutione at this Assemblie.
The case is, that the woman was harlot of before to the said Nicoll’s
mother brother. Herein Mr Robert Pont can informe yow mair amplie,
to whais sufficiencie we remitt the rest. Mair over, at our coming
at Aberdeen, there came ane named Porterfield, minister, provydit
of before to the Viccarage of Ardrossane, and required also of us,
that he might also have the viccarage of Steinsone, seeing both was
ane matter meine aneuch to sustaine him, and because the kirks war
neir, he might discharge the cure of both. We haveing him commendit
be diverse great men to the same, but thocht guid to advertise yow
that this preparatione induce not evill example and corruptione;
alwayes, in caice sic things occurr hereafter, let us understand what
ye would have us to doe, as in lyke manner, towards the chaplanries
shall happen to vaike; whereanent, because there is no certaine
order, and some confusione stands, some desyrand them for lyftyme,
some for inffants that are not of the schooles, and some for seven
yeares. We are sometyme preasit to receave or confirme assignationes
or admissione of benefices, the preparature whereof appears to bring
with it corruptione, and so we would be resolvit how to proceed.
Before our comeing from Fyfe, and sinsyne, we have beene very willing
to doe justice on all suspect persones of witchcraft, as also upon
adulterers, incestuous persons, abusers of sacraments, quherin we
could not have sic expeditione as we would have wisched, because we
had no uther probabilitie whereby to try and convict them but ane
generall delatione of names; the persones suspect not being, for
the maist part, tryit and convict be order of the Kirk of before.
This hinderit many things that utherwayes might have been done; and
therefore we pray you appoynt and prescryve, how the judgement of the
Kirk may proceed and be execute against all sic trespassers, before
complaint be made to us, that when we come to the cuntrie, we may
cause execute the law, and be relievit of the tryall of inquisitione
heiranent. We thocht expedient to give yow this for advertisement;
and so remitts the haill to your care and diligence, committs yow in
the protectione of Eternall God. Aberdeene, July ultimo, 1569. Your
assurit ffriend,
JAMES, Regent.
Articles and their Answers.
To the Questione, whether the cryme before specifiet, committit be
Nicoll Sudderland, be incest or not? Answerit, The Kirk finds it
incest, and so hes resolvit.
_Item_, Anent the Chaplanries that shall happen to vake? Annswerit,
The Kirk agriees that they be disponit to Colledges or to the puire,
conforme to the act of Parliament, and no utherwayes.
[TWENTIETH GENERAL ASSEMBLY.]
The Generall Assembly being appointit in Strevilling, February
25, be reason of troubles falling out be the slaughter of
my Lord Regent’s Grace, was continueit till the first of
Marche, and begunne in Edinburgh the said day, 1569(70),
in the Tolbuith thereof; where was present the Nobilitie,
Superintendents, Commissioners to plant Kirks, Ministers, and
Commissioners of Kirks and Townes. The Sermone and Prayers made
be William Christisone, Minister of Dundee, last Moderator.
Ordour to proceed in the Assemblies.
First, That he who is moderator in the last Assemblie, shall make
the prayer and exhortation in the Assembly thereafter following;
whilk endit, the Kirk proceedit to the chuseing of a new moderator,
quho shall continue make prayers and exhortations as said is, and so
furth, from Assembly to Assembly.
Secondlie, The tryall of Superintendants and Commissioners
for planting of Kirks, with the accusationes, if any beis, be
Superintendants, Commissioners, or any uthers, against ministers.
Thirdlie, The penitent committit to the Superintendants or ministers
at the last Assembly, to be receavit according to the ordour
appointed be the last Assembly, and alse to give injunctions to
uthers notorious criminall persones, that aither are fund be the
Superintendant, Commissioner of the Kirk, or of their own freewill,
moveit be hatreit of their cryme, presents themselffs in the Generall
Assembly.
Fourthlie, To decerne upon sic things as aither was undecydit at the
preceidand Assemblie and remittit to this, or else referrit hitherto,
be the Lords of Sessione, Auditor of Chekker, or any uther wayes.
Sessio 2^a. March 2, 1569(70).
The haill brethrene convenit, in ane voyce, for eschewing confusione
in reasoning, chuse Mr John Craige, ane of the ministers of
Edinburgh, to be Moderator in this Assembly, and to make the prayer
and supplicatione in the beginning of the next Assembly, according to
the order appointit.
Anent the complaint gine in be Thomas Smith in Ochiltrie, againes Mr
John Smyth, minister in Ochiltrie, for debarring the said Thomas from
the Lord’s table, because he removeit ane shoe off ane horse upon ane
Sonday afternoone in Ochiltrie, where neither preaching nor publick
prayers was. After long reasoning, the said Thomas was ordainit to
be receavit to the participatione of the Lord’s table, and uther
benefites of the Kirk, hereafter, notwithstanding of the alleadgit
fault abovementionat.
The Kirk ordaynes sic persones as are convict of incest or adulterie,
and hes not stubbornly contemnit the admonitions of the Kirk,
nor sufferit the sentence of excommunication for their offences,
shall make publict repentance in sackcloath, at their owne kirks,
bairheaded and barefooted, three severall dayes of preaching, and
after the said third day, to be receavit in the societie of the Kirk,
in their owne cloathes. The uthers that hes been excommunicat for
their offences shall present themselves bareheaded and barefooted sax
preaching dayes, and the last, after sermone, to be receavit in their
owne cloathes, as said is.
Sessio 3^a. March 3, 1569(70).
Anent homicids, incestuous persones, and adulterers not fugitive from
the lawes, but continuallie suteing to be receavit be the Kirk to
publick repentance; after long reasoning, with mature deliberatione,
the haill brethren presently assembleit, concludit, that all sic
persones, humbly suiting, shall be receavit, to give the signes
of their repentance in their awne kirks, according to the order
appoyntit before, at qwhilk tyme the minister shall publickly notifie
their crymes, that thereby the civill magistrates may know the
crymes, and pretend no ignorance thereof.
Give they be excommunicat for their offences, they shall stand
bareheaded at the kirk doore, every preaching day, betwixt the
Assemblies, secluded from prayers before and after sermone, and then
enter in the kirk, and sit in the publick place bareheaded, all the
tyme of the sermons, and depart before the latter prayer.
The uthers that are not excommunicat shall be placeit in the publick
place where they may be knawne from the rest of the people,
bareheaded the tyme of the sermones, the minister remembering them
in his prayer in the tyme after preaching; all the saids persons to
bring their ministers’ testimonialls to the next Assembly of their
behaviour in the meantyme, according to the act made thereupon be the
Kirk in the 2d Sessione, halden July 7, 1569.
Anent the complaynt of the parochiners of the kirk of Kilmenie
for wanting of ane minister to preach God’s word and minister the
sacraments, the haill Kirk concludes, that in respect of the number
of qualified and learnit men of the auld Colledge able to preach, and
also the nearness of the said Colledge to the said kirk, That some of
them shall either preache and minister the sacraments to the people,
or else injoyne uthers to doe the same qwhill farder order be taine.
Sess. 7^a. March 3, 1569(70).
Anent Robert Lickprivick his supplicatioune for support of the Kirk
in his office of printing: The Kirk haveing respect to his povertie,
the great expenses he hes made in bying printing irones, and the
great zeal and love he beirs to serve the Kirk at all tymes, hes
assigned to him, ffyftie punds yearly, to be payeit to him out of
the thrids of the Kirk, be the Collectors underwritten, viz. the
Collector of Lowthiane 20 łb., the Collector of Fyfe 20 łb., the
Collector of Angus 10 łb.; Quhilk soume the auditors of the compts
for the Kirk shall thankfully allow to every ane of them.
Sessio 8^a. March 9, 1569(70).
It is statute and ordanit that no minister, provydit or heirafter
that shall be provydit to benefices, sett in tack any manner of
way, their gleib or manse, neither yet any part of the fruits or
emoluments thereof, in diminutione of their rentalls, under the paine
of depryving from the benefice for ever; decernyng also the tacks
sett in manner forsaid, to be null and of none effect as done be him
that hes no power.
Sessio 9^a. March 11, 1569(70).
Quhat shall be done to them that will not forbear the company of
persones excommunicat, after dew admonitions? To be excommunicat
except they forbear.
The children of the excommunicat persones to be receavit be ane
faithfull member of the Kirk to baptisme.
Ane single woman committing adulterie with ane married man should be
equally punished.
Quhair a man repudiats his wife and bairnes without ane cause, and
no wayes will receave her againe, the minister should labour for
reconciliatione, and the pairtie offendit complaine to the judge
competent.
Ane promise of marriage made before the readers and elders in ane
reformit kirk, the parties contractit compeirs before the Minister
and Sessione, requires their bands to be proclaimit; quhilk beand
done, the Kirk finds carnall copulatione to have followit, be
confessione of baith parties: when the Kirk requires them to proceid
to the solemnizatione, the woman refuses.
Admonische the refuisand to solemnize the marriage, or else to gett
ane decreit from the judge competent, that they should not marrie,
under the paine of excommunicatione.
Persones, after promise of marriage and proclamation of the bands,
desyrand to be frie from the bands, no carnall copulatione following,
should be free, _si res est intergra_, and their inconstancie
punishit.
It is not lesum for ministers to leave their vocatione and use other
offices and chairges within the commone weill, without consent of the
Kirk; and in tymes cumeing, it is needfull that all them that serves
in the ministrie be publickly inaugurat.
[TWENTY-FIRST GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, halden at Edinburgh in the
Nether Councill House, the 5th day of July 1570, quhair
was assembleit the Nobilitie, Barrones, Superintendants,
Commissioners of Kirks, Provinces, Townes, and Ministers: the
prayer made be Mr John Craige.
The haill brethren presently conveint, chuse Mr Robert Pont Moderator
for this Assembly.
Penitents that, for their offences, resorts to the Generall
Assemblie, either to receive injunctions for to schaw signes of their
repentance, or that sould present themselfes before the same in
linnen cloathes and receave farther injunctions, that they be warnit
to compeir the second day of the Assembly peremptorlie.
Ministers, at their publick inauguration, shall protest solemnlie
that they sall never leive their vocatione any tyme thereafter under
the paine of infamie and perjurie.
Anent the tryall of young children, and how they are brought up be
thair parents in the trew religion of Jesus Christ: It is ordainit,
that ministers and elders of kirks shall, universallie within this
realme, take tryall and examine all young children within their
parochines that are come to nyne years, and that for the first tyme;
thereafter, when they are come to twelve yeares for the second tyme;
the third tyme, to be examined when they are of fourteen years,
wherethrough it may be knawne what they have profited in the schoole
of Christ from tyme to tyme.
Sessio 3^a.
It is ordained, be reasone of the great troubles fallen out lately
in this realme be defectione of some from the King’s Majestie’s
lawfull authoritie, that certaine brethren be sent from the Kirk to
all sortes, Earles, Lords, Barrones, and gentlemen whatsumever, that
hes made the foresaid defectione, and travell with them be all meanes
possible, to reconcile them to the lawfull obedience of his Majestie,
and to certifie them that disobeys, that the haill Kirk will use
their sword against them, quhilk God’s word hes committit to them.
Commissioners for that effect--Mr Andrew Hay and Mr David Lindsay, to
my Lord Duke’s Grace, the Earles of Argyll, Eglintoune, Cassills, the
Lord Boyde, and uthers barrones and gentlemen that they can gudlie
meit with within the wast parts; The Laird of Dunn, Superintendent
of Angus and Mernes, to the Earle of Crawford, the Lord Ogilvie, and
their assisters: Qwhilk Commissioners war commandit to report their
answers to the next Generale Assemblie.
Sessio 4^a.
The controversie in St Androis betuixt Mr Robert Hamiltoune, minister
there, and his Colleges on the ane parte, and Mr James Carmichael
and his Colleges on the uther parte, is traitit and discussit be
the Assembly of the haill Kirk, because the same concerns doctrine,
sclander that may rise therein, or discipline of the Kirk.
Cloakers of adulterie sould be callit and convict; and if it be fund
that they have cloakit publick adulterie after their knawledge,
then let the law haue place. _Consentientes et agentes pari pœna
puniantur._
Quhen a woman beares a bairne to a certain man, and, in the tyme of
her birth, before the midwife, alleadges the bairne to be this man’s,
and beand callit before ane judge, beand readie to sweir the same,
and this man is ready to swear the contrare, and that he never had
carnall dealings with this woman, and there is no other witness,
Whether shall credence be gine to the man’s oath or to the woman’s?
and shall the bairne be left without ane father knowne?
Answer, _Neutri credendum_.
All things being done that the civil ordour requires of them that
withhalds the dewtie of the Kirk, whereby the ministers wants their
stipends, the Kirk may proceed to excommunication for their contempt.
Sessio 5^a.
Compeirit Mr James M‘Gill of Rynkelour Nather, Clark of Register
and Counsellor to our soveraigne Lord L., John Ballantyne of
Auchnouchill, Knight, Justice Clark, and Mr Archbald Douglass, ane
of the Lords of the Colledge of Justice, who, in presence of the
haill Assembly, proponit in my L. Chancellor’s name, how his L.
had understand that in the contraversie amongst them in St Androis
there was continwet some heads tending to treasone and against the
King’s Majestie’s authorities, Therfore requirit the Kirk presently
assemblit to superside all devisione in that matter concerning the
King’s Majestie, untill the tyme the nobilitie conveine, qwhilk
will be within ten days, before whom that heid aucht to be sichted;
nottheless that the Kirk proceed to sic things therein as pertayns
to their owne jurisdictione; unto the qwhilk protestation the Kirk
agriet.
The said day the haill Kirk presently assemblit, in ane voyse and
mynde, gives full commissioune and power to the honorable their
brethrene, John Erskine of Dunn, knight, superintendant of Angus and
Mernes, Mrs John Wynrhame and Spottiswood, superintendants of Fyffe
and Lawthiane respective, Mr James M‘Gill, Rankelour Nather, Clark
of Register and Counsellor to our soveraigne Lord, Mr John Knox and
John Craige, David Lyndsay of Edinburgh and Leith, ministers, the
proveist of Dundie, Mr Thomas M‘Allzean, The Lairds of Balvaird,
Spott, Braid, Carnaill, Dreghorne, Lundie, Howstowne, Drumqwhassell,
Coldenknows, Carden, Fawdensyde, Thorntowne, Inchbrakie, David
Forrest, Generall of the Conzie, David Ramsay of Dundie, Patrick
Morray in St Johnstowne, and Robert Campbell of Kinzeaunclewghe, or
any eight or seven of them, To compeir in Edinburgh the VI
of this instant moneth of July, with continuatione of dayes, so oft
as the nobilitie of this realme shall conveine betwixt this and the
next Generall Assembly of the Kirk; and there, in name and behalf
of the haill kirks of Scotland, propone and present to the said
nobilitie, articles, heids, supplicationes, and complaints, such
as the said Kirk hes pennit and delyverit to the said brethren,
or hereafter shall, before the next Generall Assembly, delyver
maist humbly in their names, to require answer and grant to their
articles and supplicationes, and with redress of their complaintes
according to equitie and justice, To assist, concurr, and consent
to all and whatsumever shall be treatit in the said conventione
tending to the setting forward of the glory of God, preaching and
maintaining of trew religion within this countrie, King’s Majestie
authoritie, commonweall and authoritie of this realme: As also to
take cognitione in all and whatsumever complaints, supplications, and
requests of brethren speciallie remittit to them be this Assembly;
and whatsumever beis done be them in the præmises, to report the same
to the nixt Generall Assembly of the Kirk to begine in Edinburgh
the first day of March nixt to come, ffirm and stable haldand and
for to hald, all and whatsumever the saids brethren any aucht or
sevine of them in the premises leads to be done. The Kirk presently
assemblit, for certaine causes moving them, discharges all and
sundrie assignationes and pensiones grantit be the Kirk dureing their
will, to whatsumevir persone or persones before the date heirof, and
ordaines the Collector of the Kirk to intromett therewith heirafter,
and to put inhibitione to all them that heretofore hes had any sic
assignationes or pensiones, except that whilk is assignit to the
King’s Majestie’s hand allanerly.
[TWENTY-SECOND GENERAL ASSEMBLY.]
The Generall Assembly, halden at Edinburgh the 5th of
Marche 1570(71), In the qwilke war present the Barrons,
Superintendants, Commissioners to plant Kirks, Commissioners
of Provinces, Universities, Towns, Kirks, and Ministers, Mr
George Hay was chosen Moderator be the suffragis, to make
prayers in this Assembly and exhortation in the beginning of
the nixt.
Sess. 1^a.
The Kirk assemblit ordains all superintendants and commissioners to
plant kirks, to present hereafter, their books of their visitationes,
every ane within their province respective, to every Assembly
heirafter following, to be sichted and considerit be sic brethren as
shall be appointit thereto, fra Assembly to Assembly, To the effect
the Kirk may knaw their diligence in executing their offices within
thair provinces. The Kirk finds fault that Mr John Rutherfurde,
minister at Cultis, hes not done diligence in serving the said cure
at leist certaine tymes in the year, admonisching him therefore to
amend the said fault in tymes comeing, wtherwayes the Kirk will
proceed against him as ane neglector of dewtie.
Sessio 2^a.
Articles pertayning to the Jurisdictione of the Kirk, to be
proponit to the Regent’s Grace and Secret Councill, and socht
to be appointit be them.
1. Ffirst, that the Kirk have the judgement of trew and false
religion or doctrine, heresies or sicklyke, annexit to the preaching
of the word, and ministratione of the sacraments.
2. Electione, examinatione and admissione of them that are admittit
to the ministrie, or uther ffunctions in the Kirk, charge of sawls,
and ecclesiasticall benefices, the suspensione and deprivation of
them therfrae for lawfull causes.
3. All things concerning the discipline of the Kirk, whilk stands
in correctione of manners, admonitiones, excommunicationes, and
receaving to repentance.
4. The judgement of ecelesiasticall matters betwixt persones that are
of the Kirk, and speciallie among them that are constitute in the
ministrie, alseweell concerning beneficiall causes as uthers.
5. Jurisdictions to proceid be admonitiounes, to the process of
excommunication, if neid beis, against them that robbs the patrimonie
of the Kirk pertaining to the ministrie, or utherwayes intromitts
therewith unjustlie, whereby the ministrie is in danger to decay, be
occasion of the povertie of the ministers.
6. And because the conjunctione of marriages pertaynes to the
ministrie, the cause of adherents and divorcements aucht also to
pertaine to them, as naturallie annexit thereto.
* * * * *
Adulterers, incestuous, and homicids, war ordainit to repair towards
their own ministers, there to receave their injunctions, whill the
next Convention Synodall of the Superintendants or Commissioners
of their own provinces respective, and there to present themselve
in linnen cloathes, bareheaded and barefooted, humblie requestand
the Kirk there assemblit to receave them to the societie of the
faithfull, with farther injunctions, and to bring their testimonialls
from their ministers of their behaviour in the mean tyme.
Sessio 3^a.
Forsuameikle as it hes been ordainit be the Generall Assemblies, that
all adulterers, murtherers, incestuous persons, and uthers committers
of hainous crymes, first sould present themselves to the Generall
Assembly, there to resave their first injunctione, and at the next
thereafter following, to present themselves in linen cloathes, &c.;
And forsuameikle as diverse of the saids offenders partly are far
distant frae the places of Generall Assemblies, uthers for povertie
and deidlie feids may not nor dare not travell through the countrie
to present themselves before the saids Assemblies: for thir causes
and uthers considerationes moveing the Kirk presently assemblit, they
statute and ordaynit that all sic offenders sall be callit heirafter
be the Superintendants and Commissioners of provinces, to compeir
before them in their Synodall conventions, to be halden be them twyse
in the yeir, to receave and take their injunctions, conforme to the
order usit before the Generall Assemblies in all sorts.
The haill Kirk assemblit ordaynes, that all questions heirafter be
proponit and presentit to the Superintendants and Commissioners
forsaids in the saids Synodall Conventions, there to receave their
solutions; and gif any questione happins to be hard for them that
shall happen to be at the said conventione, then, and in that case,
the Superintendant or Commissioner of Kirks, present the said hard
questions to the Generall Assemblie, there to receave solutione
in their roome, according to the rule; with certification that no
questions hereafter shall be receavit in Generall Assemblies from
particular ministers.
Sessio 4^a.
The Kirk assemblit statutes and ordaynes, that all marriages be made
solemnly in the face of the congregation, according to the ordour
published; and also inhibits all ministers and exhorters, that nane
of them solemnize marriages of any persones of uthers congregationes
nor their awne, without sufficient testimonialls from their
ministers, or else licence askit to obtaine it be the contractors,
under the pains establishit before, against the ministers and
contractors, with their parents, to make publick repentance at the
commone pillar of repentance, at the discretione of their awne kirks.
Sessio 5^a.
The Kirk assemblit ordayns all ministers to inhibit all civil
magistrates to hald their courts within Kirks; if need bees, to
admonishe.
The Kirke ordaines all Superintendants and Commissioners to plant
kirks in their first Synodall conventions hereafter following, with
the advyse of their ministers, to reason and appoint publick fasting
if it shall be thought necessar; and also that they appoint certaine
brethren to creat unitie and concord among the nobilitie of this
realme.
Compierit in Assemblie, Mr Robert Wynrahame, collector of Fyfe, and
schaw how he was purgit be ane condigne assyse before the civill
magistrat, for the slauchter of Thomas Kinries, citicen in St
Androis; nevertheless, because the blood was sched against his will,
allwayes he willingly offerit himself to the Kirk for satisfaction of
the Kirk.
The Kirk ordaines Mr Robert Hamiltone, minister of St Androis, to
declare, after the sermone upon ane Sonday, the purgation of the said
Mr Robert of the slaughter, and, therefore, call upon him to repaire
before the pulpit, exhorting him to enter in consideration with
himself, according as is contenit in the book of excommunication,
and thereafter to humble himself, ask God, the congregation, and the
partie, pardon, and to uthers that were sclanderit with the fault, &c.
Anent excommunicat persons for now adhereing to the established
religion, and not joynit thereto of before, yet nottheless, presently
of their awne frie will, submitts themselves, and requires to be
receavit in the societie of the faithfull. The Kirk ordaines the
saids persones to be receavit be the minister in low and humble
habite, with sackcloth, observing the order prescryvit in the book of
excommunicatioune in all uther poynts.
Quhair ministers are not in practise of excommunicatione, or
will be contemnit in their executiones, it is necessar that the
Superintendant, or some uther sufficientlie qualified and authorised,
use the same.
If it be lisum to the minister to proceed against the magistrats
who will not put to execution the acts of Parliament concerning
discipline, and uther particular acts universallie agreit upon
be their owne particular congregatione, with the sentence of
excommunication?
This is else concludit; admonitions passing dwely before, against
them.
Promise of marriage, _per verba de futuro_, sall be made, according
to the ordour of the reformit Kirk, be the minister, exorter,
or reader, takand cautione for abstinence till the marriage be
solemnizat.
If ane man ravishe a woman against her will, and her parents, and
strike her parents under silence of night, and the magistrat will
put no correction thereto, Qwhither if the Kirk sould proceed with
monitors and excommunicatione to satisfie the sclander? It is lawfull.
Qwhat order shall be taken with her, who, committing fornication with
a man, does suffer the same man heirafter to marrie her own sister,
and, hearing the bands proclaimit, wad not reveall the impediment,
but, be concealing of the cryme, was guiltie of the incest following?
Answer, Baith he and she to be punishit according to the discipline
of the Kirk, but chiefly the man, and the second cannot be his wife.
Qwhat order shall be taken with them that impugnes proclamation of
bands, and chieflie be infamie, and proves not? Let sic persones be
punischit according to the discipline of the Kirk as infamous.
It is altogether unthankfull be any minister of God’s word, to
receave any benefice be the presentation of a laick persone patrone,
under pactione and condition made with the patrone thereof, tending
to simonie, viz., that the patrone have the great part of the teinds
and the minister the small portione thereof.
What order shall the Superintendant take with a man that hes suitit
libertie to marrie thir three or four yeares, being, before his owne
particular kirk, inhibited to marrie, because he deflorit a virgine,
being his own servant, lest he wald take her to his wife, seeing the
judiciall law is not yet receavit, and alse the man hes her discharge
of marriage under the forme of instrument before the decreit was
pronuncit against him be his awne particular kirk, all things being
trew according to the narrative? It is thocht the decreit gine for
sic ane cause may be reduced be the Superintendant, and the man may
obtaine liberty to marrie: yea, and there is injurie done to him
alreadie.
[TWENTY-THIRD GENERAL ASSEMBLY.]
The Generall Assemblie, begun and holdin at Striviling the 6th
of August 1571: In the qwhilk war present the Superintendants,
Commissioners to plant Kirks, Barrones, Ministers,
Commissioners of Provinces, Townes, Universities, and Kirks. Mr
Gilbert Gairden chosen Moderator.
Sessio 1^a.