Ill i lllllil I* < ? ¦ Ml f ! lip ill id? Ml/! vl' W IV i i'fli. w ffi y a2 • 030 "43 1! ".• give, thife Bows \\\ft>i"thefoi : Cc/my" Bought with the income of the Matthew C. D. Borden Fund ACTS AND PROCEEDINGS OF THE GENERAL ASSEMBLIES OP THE KIEK OF SCOTLAND, FKOM THE YEAR M.D.LX. COLLECTED FROM THE MOST AUTHENTIC MANUSCRIPTS. PART FIRST. M.D.LX.— M.D.LXXVII. EDINBURGH, M.DCCC.XXXIX. At a Meeting of the Council of the Maitland Club, held at Glasgow, 8th January 1838 : — Resolved, — " That the ' Booke of the Universall Kirk of Scotland,' be printed for the Members, from the text adopted by the Bannatyne Club." Extracted from the Minutes of the Club. JOHN SMITH, Y08T- Secretary. THE MAITLAND CLUB. MARCH, M.DCCC.XXXIX. THE RIGHT HONOURABLE THE EARL OF GLASGOW, [PRESIDENT.] HIS ROYAL HIGHNESS THE DUKE OF SUSSEX. JOHN BAIN, ESQ. ROBERT BELL, ESQ. 5 SIR DAVID HUNTER BLAIR, BART. BERIAH BOTFIELD, ESQ. SIR THOMAS MACDOUGALL BRISBANE, BART. G.C.B. HIS GRACE THE DUKE OF BUCCLEUCH & QUEENSBERRY. JOHN CROSS BUCHANAN, ESQ. THE MAITLAND CLUB. 10 WALTER BUCHANAN, ESQ. THE MOST HONOURABLE THE MARQUESS OF BUTE. ALEXANDER CAMPBELL, ESQ. THE RIGHT HONOURABLE LORD JOHN CAMPBELL. THE HONOURABLE HENRY COCKBURN, LORD COCKBURN. 15 JAMES T. GIBSON-CRAIG, ESQ. JAMES DENNISTOUN, ESQ. JAMES DOBIE, ESQ. RICHARD DUNCAN, ESQ. [TREASURER.] WILLIAM JAMES DUNCAN, ESQ. 20 JAMES DUNLOP, ESQ. SIR JOHN DUNLOP, BART. M.P. JAMES EWING, ESQ. LL.D. KIRKMAN FINLAY, ESQ. THE REV. WILLIAM FLEMING, D.D. 25 WILLIAM MALCOLM FLEMING, ESQ. JOHN FULLARTON, ESQ. JOHN BLACK GRACIE, ESQ. THE RIGHT HONOURABLE THOMAS GRENVILLE. JAMES HILL, ESQ. 30 LAURENCE HILL, ESQ. LL.B. GEORGE HOUSTOUN, ESQ. JAMES IVORY, ESQ. JOHN KERR, ESQ. ROBERT ALEXANDER KIDSTON, ESQ. 35 GEORGE RITCHIE KINLOCH, ESQ. JOHN GARDINER KINNEAR, ESQ. THE MAITLAND CLUB. JOHN GIBSON LOCKHART, ESQ. LL.D. JAMES LUCAS, ESQ. ALEXANDER MACDONALD, ESQ. 40 WILLIAM MACDOWALL, ESQ. [VICE-PRESIDENT.] THE VERY REV. DUNCAN MACFARLAN, D.D. ANDREW MACGEORGE, ESQ. ALEXANDER MACGRIGOR, ESQ. GEORGE MACINTOSH, ESQ. 45 DONALD MACINTYRE, ESQ. JOHN WHITEFOORD MACKENZIE, ESQ. ALEXANDER MACNEILL, ESQ. JAMES MAIDMENT, ESQ. THOMAS MAITLAND, ESQ. 50 JOHN MAXWELL, ESQ. WILLIAM MEIKLEHAM, ESQ. WILLIAM HENRY MILLER, ESQ. M.P. ROBERT MONTEITH, ESQ. WILLIAM MURE, ESQ. 55 WILLIAM SMITH NEIL, ESQ. ALEXANDER OSWALD, ESQ. JAMES PATRICK MUIRHEAD, ESQ. JOHN MACMICHAN PAGAN, ESQ. M.D. WILLIAM PATRICK, ESQ. 60 EDWARD PIPER, ESQ. ROBERT PITCAIRN, ESQ. JAMES CORBET PORTERFIELD, ESQ. HAMILTON PYPER, ESQ. THE MAITLAND CLUB. PHILIP ANSTRUTHER RAMSAY, ESQ. 65 JOHN RICHARDSON, ESQ. LL.B. WILLIAM ROBERTSON, ESQ. ANDREW RUTHERFURD, ESQ. JAMES SMITH, ESQ. JOHN SMITH, YGST. ESQ. [SECRETARY.] 70 WILLIAM SMITH, ESQ. MOSES STEVEN, ESQ. WILLIAM SMYTHE, ESQ. DUNCAN STEWART, ESQ. JOHN SHAW STEWART, ESQ. 75 SYLVESTER DOUGLAS STIRLING, ESQ. . JOHN STRANG, ESQ. THOMAS THOMSON, ESQ. WILLIAM B. D. D. TURNBULL, ESQ. PATRICK FRASER TYTLER, ESQ. 80 ADAM URQUHART, ESQ. It having been resolved by the Committee of Management of the Maitland Club, to circulate immediately that portion of the Book of the Universal Kirk of Scotland already printed, and which has been calculated to amount to about one-third of the entire Work, reserving to the conclusion of the whole, an account of the Manuscripts that have been employed in its compilation ; it may at present be enough to state, that its object has been to preserve whatever may yet be recovered of the recorded proceed ings of the Assemblies of the Church, from the era of the Reformation, to the period from which its original Registers are still extant. Besides that abridgment of the earlier volumes of the Register, usually known under the title of " The Book of the Uni versal Kirk," the principal source from which the contents of this compilation have been derived, is the unprinted History of the Church by Calderwood, which embraces much larger and more authentic selections from the Registers than any other existing manuscript. All these additions to the Book of the Universal Kirk are inclosed in brackets, and distinguished by the letter C. ; a few taken from Knox's History are denoted by the letter K. ; and those passages where it has been occasionally found necessary to combine the contents of the leading Manuscript with those of Calderwood's History, are marked with the letters C. & B. Edinbubgh, April 22. 1839. THE BOOKE OF THE UNIVEESALL KIEK OF SCOTLAND WHEREIN THE HEADIS AND CONCLUSIOUNS DEVYSIT BE THE MINISTERIS AND COMMISSIONARES OF THE PARTICULAR KIRKS THEREOF ARE SPECIALLY EXPRESSED AND CONTAINED. A. D. M.D.LX. The Names of the Minifters and Commiffionars of the particular Kirks of Scotland, conveinit to confult upon thefe things whilk are to fett fordward Gods glorie, and the weill of his Kirk in this Realme, in Edinburgh the xx day of December 1560 yeirs. Johne Knox minifter, James Barron and Edward Hope, commiffionars for Edinburgh. Chriftopher Gudman minifter, David Spens'and Maifter Robert Kynpont, for St Androes. Maifter Johne Row minifter, for the towne of Perth and kirk thereof. William Darroche and William Norvell, for the towne of Striveling and kirk thereof. Charles Drummound proveft, James Witherfpoone and Andrew Mylne, for Lynlithgow. Hew Wallace of Carnall, Johne Fullerton of Dreghorne and Charles Campbell of Skeldoun, for the kirks of Kyle. George Hoome of Spott, for the kirks of Eaft Lauthiane. David Lindefay minifter, Andrew Lamb and Patrick Boyman, for Leith. William Harlaw minifter and Robert Fernelay of Braid, for St Cuth- berts kirk. William Chriftefone minifter, George Lovell and William Carmichaell, for Dundie. Alexander Guthrie of Halkertoun, William Durhame of Grange, for Forfar e. Johne Arefkine of Dunne and Andrew Mylne, for Montrofe. 4 THE BOOKE OF THE 1560. The lairds of Tullievaird and Fethercairne, for the kirks of the Mernes. The laird of Gairlies gounger, for the kirks of Nithefdaile. Maifter David Weymis, for the kirk of Carnbie. Maifter Walter Balfour, for the kirk of Lyntoun. Johne Broun, Thomas Boyd and James Polwart, for Torphichen. William Lamb, William Bonkle, for Dumbar. James Douglas, James More, for Calder Comitis. John Kincaid, for Kirkliftoun. Mafter Robert Wynrhame, for Ratho. The names of them whilk the minifters and commiffionars think maift qualified for the miniftring of the word of God and facraments, and reiding of the commoun prayers publicklie in all kirks and congrega tions, and givin up be them every ane within there awin bounds. In Kyle for reiding. Ranken Davidfon, Richard Bannatyne, Robert Campbell, Hew Wallace, Andrew Lochart, Andrew Chalmer, James Dalrumple, Adam Lan- dells, all reidars, and John Chalmer apt to teach. In St Androes for miniftreing and teaching. Maifters Johne Rutherfurd, William Ramfay, James Wilkie, Robert Ha- miltoun, Patrick Conftane, William Rynd, William Skene, Archibald Hamiltoun, Alexander Arbuthnet, James Kirkaldie, David Collafle, William Scott, David Weemes, Thomas Buchanan, David Spens, Robert Kynpont, Johne Wynrhame of Kirkneffe, Alexander Spens, Johne Wood, David Guild, Robert Paterfone. Uthers whilk are thoght apt and able be the minifters and commiffionars forfaids to minifter. Johne Arefkine of Dunne, Johne Fullertoun of Kynnaber, David Forres, Patrick Kyninmonth, Mr James Melvill, Richard Melvill, Maifters Johne Kellow, Robert Montgoinerie, Johne Hepburne, Thomas Hepburne, George Hepburne and William Lamb. 1560. UNIVERSALL KIRK OF SCOTLAND. 5 Mr Johne Ramfay prefentit be Sir John Borthwick as minifter for the kirks of Aberdoure and Tyrie. December 21, 1560. The minifters and commiffioners forfaids being affemblit, finds that the miniftrie of the word and lacraments of God, and affemblie of the peiple of the whole parochin of Reftalrig, be within the kirk of Leith ; and that the kirk of Reftalrig, as a monument of idolatrie, be rayfit and utter- lie caftin downe and deftroyed. The queftion being proponed anent mariage in fecond and uther degries of confanguinitie, forbidden be the Pope to be folemnizat betwixt parties, it is found that, of the law of God, mariage may be folemnizat betwixt parties beand of fecond, thrid, and ferd degries of affmitie or confan guinitie, and uthers lick as are not prohibited expreffely be the word of God ; and therfor to defyre the Lords and eftates to interpone there autho- ritie, and approve the famein, and make lawes therupon. December 27, 1560. The kirk appointit the eledtioun of the minifter, elders and deacons, to be in the publick kirk, and the premonition to be made upon the Son- day preceiding the day of the electioun. The kirk appointed that to the punifhment of fornication, the law of God be obfervit : Publick repentance to be made be them that fall uie carnall copulation betwixt the promife and folemnization of mariage. [The petitioun of weights and meafures was referrit to the Parliament.] C. That all fick as hes bein in the miniftrie of the Popes kirk, good and well conditioned perfones, that they fall live upon the almes of the kirk, with the number of poore. Confentit be the kirk that none be put in judiciall offices, to be magif- trates, as proveft, baillies, and officers of townes, exceptand them who are knowin to be plaine and true profeffours of the Evangell. It is alfo thoght expedient that earneft fupplication be made to the eftates of this realme in parliament, and to the lords of fecreit counfell, that all judges ordinaire and officers judicial, fick as the Lords of the Seffioun, fhireffis, ftewarts, baillies, and uther judges ordinarie, be profef- 6 THE BOOKE OF THE 1560. fours of the trueth of the true word of God ; and all minifters thereof to be removit fra fick offices according to the civill law. [Item To deiire the Eftates in Parliament to take order with the con- firmatioun of teftaments, that pupils and orphans be not defrauded, and that lawes be made thereupon in their favours.] C To afke at the eftates of parliament and lords of fecreit counfell, for efchewing of the wrath and judgement of the eternall God and removeing of the plagues threatned in his law, that fharp punifhment may be made upon the perfons underwriten, and uthers idolaters and mantainers thereof, in contempt of God his true religioun and a6ts of Parliament, whilk fayes and caufes meffe to be faid and are prefent thereat within the places following. In Nithefdaile and Galloway. The Pryor of Whitherne and his fervants in Crugletone. The Laird of Corfwell, in Corfwell. The Lord Cairleill. The Laird of Kirmichaell, who caufes maffe daylie to be faid, and images holden up, and idolatrie to be mantakied within his bounds. In Fyfe. The Lairds of Balwerie and Lathrifk, and Mr John Scrymgeours wife. In Kyle, Carrick and Cunninghame. The Erles of Eglintoun and Caffills, William Hamiltoun of Cambufkeith, the abbot of Corfraguell, the parochiners of Mayboill, Girvan, Ofwald and Dalay, within the kirk whereof meffe is openly laid and mantained. In Eaft Lauthiane. Johne Carkettle in Markill caufes meffe daylie to be faid ; the auld ladie Hoome in Thornetoun ; the curate of Currie for abuling the facraments. In the Forreft of Ettrick. The goodman of Gallowfcheils, who not only caufes meffe to be laid, but als mantaines the fayers thereof, who are enemies to God and his trueth, and therfor were exylit out of Edinburgh. 1560. UNIVERSALL KIRK OF SCOTLAND. 7 The kirks conveinit continues this thair affemblie till the 15 day of Januar nixt to cum, and hes thoght expedient that the faid day ane comif- fionar at the leaft be fent fra every kirk, for requyring of fick things of the parliament as falbe thoght for the weill of the halie kirk ; and every com- miffioner prefent promitteth to come themfelves, or caufe fome others fra the kirk, the faid day to the brugh of Edinburgh to the effe6t forfaid ; and ordains every commiffioner, alfweill of townes as of paroch kirks to land ward, to bring a roll with them of the whole teyndis, lands, annualls, pro- feits and emoluments of the paroch kirks nixt adjacent to them, and what perfones hes tacks thereof, to whom the famein pertains, and there names to be fpecially named, and what duetie they pay for the famein. THE BOOKE OF THE A. D. M.D.LXI. At Edinburgh, the 26 of May 1561. The haill kirk conveinit in the Tolbuith of Edinburgh, hes determinit and thoght good that ane humble complaint be made and givin in, in thair names, tuitching the fuppreffion of idolatrie, and other points after following, to the Lords of Secreit Counf'ell. In the firft, for fuppreffing of idolatrie throughout the whole realme, and punifhing the ufers thereof, maintainers of the famein, haunters and frequenters therto. Item, for mantaining and fpeciall provifion to be made for fuperinten dents, for the erecting and eftablifhing of moe in places convenient, and for punifhing of the contemners of the' faid fuperintendents and diffobeyars of them. Item, for ordour to be takin anent the abufers of the facraments, and contemners of the famein. Item, that no letters of the feffioun be givin, to anfuer or pay to any perfon ther teinds, without fpeciall provifioun that the parochiners re- taines fae meikle in ther hands as is appointed to the minifter ; and that all fick as are els givin be callit in and difchairgit, and lykewayes that no fhireff give precepts to that effect. Item, that the feffioun nor no uther judges proceid upon fick precepts or warnings, paft at the inftance of them that hes obtained fewes of lait of viccarages, perfones manffes, and kirkyeards. Item, that no letters take place whill the ftipends contained in the Booke of Difcipline for fuftentation of the minifters, be firft confignit in the hands at the leaft of the principall of the parochiners. Item, for ordour to be takin for the punifhment of fuch as purchafes, and brings hame, and executes within this realme, the Popes bulles. 1561. UNIVERSALL KIRK OF SCOTLAND. 9 [The tenour of the Supplicatioun. Pleis your Honours, and the wifdome of lick as ar prefently conveined with you in counfaill, to underftand, that be mony arguments we per- ceave quhat the peftilent generatioun of that Romane antichrift within the realme pretendis, to wit, that they wald of new erect thair idolatry, tak upoun thame to impyre above our confcience, and fo to command us, the treu fubjectes of this realme, and lick as God of his mercy hes (under our Soverane) fubjected unto us, in all things to obey their apetites. Honefty craveth, and confcience movethe us, to mak the very fecreits of our hairts patent to your honours in that behalf, quhilk is this, That befoir that evir thefe tyrantes and dum dogis impyre above us, and above fick as God hes fubjected unto us, that we, the barones and gentilmen profeffmg Chrift Jefus within this realme, have fullie determined to hazard lyfes, and quhatfoever we have receaved of our God in temporall thingis. We maift humely tharefoir befeik your honours, that lick ordour may be taiken, that we have not occafioun to tak agane the fword of juft defence into our handis, quhilk we have willingly (efter that God hes gevin victory, bothe to your honours and us) refigned over into your hands ; to the end that Gods evangell may be publictly, within this realme, preiched ; the trew preicheours thareof reffonably fufteined, idolatry fuppreffed, and the comitteris thareof punifched, according to the lawes of God and man. In doing quhareof, your honours fall find us not onely obedient unto you in all things lawfull, bot alfo redy at all tymes to bring under ordour and obedience fick as wald rebell againft your juft authority, quhilk, in abfence of our Soverane, we acknawledge to be in your hands, befeiking your honours, with upricht jugement and indifferency, to luik upoun thefe our few artickles, and by thefe our brethren, to fignifie unto us fick anfwer agane as may declair your honours worthy of that plaice, quhairunto God (efter fum dangers fufteined) in his mercy hath called yow. And let thefe enemies of God affure thamefelfis, that if your honours put not ordour unto thame, that we fall fchortely tak fick ordour, that they fall neyther be abell to do quhat they lift, neyther yit to leve upoun the fweit of the browes of fick as ar no detteris unto thame. Let your honours conceave nothing of us, bot all humill obedience in God. But let the Papiftes be yit ones agane affured, that thair pryde and idolatry we will not fuffer.J K. B 10 THE BOOKE OF THE 1561. May 28, 1561. The kirk convenit, after that they heard the fiipplication and arti cles forfaid, beand put in forme, red in thair prefence, at length advyfit therewith, ordainit the famein to be prefented to the fecreit counfell ; and for prefenting thereof and obtaining of anfuers therto, nominat and or dained thir brethren after mentioned to awaite theron : The Mr of Lindfay, the Laird of Fernihirft elder, Thomas Mengies proveft of Aberdein, the laird of Lochinvar, the laird of Whittingham and George Lovell burges of Dundie. Upon the whilk fupplication, articles and fute thereof was grantit and followit be the lords of fecreit counfell, and act and ordi nance therupon, with letters therupon, anfuering to every heid of the faid articles and fupplicatioun, at length fpecified in the act of fecreit counfell made therupon ; whilk is to be had in the hands of Johne Johnftoun, fcrybe therof, and letters and publi cation paft therupon. 1561. UNIVERSALL KIRK OF SCOTLAND. 11 A. D. M.D.LXI. [At Edinburgh, the day of December 1561.] The whilk day tuiching the flander takin be the horrible fact and im- pietie committed within this brugh under filence of night be Marques Dal- buiff and his colligues, in breaking up of Cuthbert Ramfay his gets and doores, and fearching and feiking his dochter in law to oppreffe her, as appeirit ; it is thoght good be the haill kirk, that a fupplicatioun be made and givin in to the Q. Majeftie, in name of the profeffours of the Evangell, and the perfons befor nominat prefent the famein, to feik the anfuer therof. The forme of the fupplication followeth. To the Q. Majeftie and her fecreit and great counfell, Her G. faithfull and obedient fubiects, the Profeffours of Chryft Jefus his holy Evangell, wifhes the fpirit of righteous judgement. The feare of God conceivit of his holie word, the naturall and unfained love whilk we beare unto gour G. the duetie whilk we ow unto gour countrie, and the terrible threatnings whilk God pronounces againft every realme and citie in the whilk horrible crymes are openly committed, and then be the committers obftinately defended, compell us, ane great part of your fubie6ts, humblie to crave of gour Grace upright and true judgement againft fick perfbnes as hes done what in them lyes to kindle Gods wrath agains this heale realme. The impietie be them committed is fo haynous and fo horrible, that as it is ane fact moft vyle and rare to be heard of within this realme, and principallie within the bowells of this citie, fo fould we think ourfelves guiltie in the famein, if negligentlie, or yet for worldlie feare, we paffe it over with filence ; and therfor gour Grace may not think that we requyre any thing, whill that we crave oppin malefactors con- dignely to be punifhed, but that whilk God hes commandit us to crave, and hes als commandit gour Grace to give to every ane of gour fubiects ; for be 14 THE BOOKE OF THE 1561. this linke hes God knitt together the prince and the peiple, that as he commands honour, feare, and obedience, to be givin to the powers eftab- lifhed be him, fwa does he in expreffe words command and declare what thing the prince aweth unto the fubiecls, to witt, that as he is the minifter of God, bearing the fword for vengeance to be takin on evill doers, and for the defence of peaceable and quyet men, fwa ought he to draw the fame without all partialitie fwa oft as he is in Godis name requyrit therto. Seeing fo it is, Madame, that this cryme fo recentlie committed, and that in the eyes of gour heale realme now prefentlie affem- bled, is fo haynous, for who heirtofoir have heard within the bowells of Edinburgh, getts and dures under filence of night bruifit up, houfes rypeit and that with hoftilitie, feiking ane woman as appeirit to oppreffe her, feing we fay that this cryme is fo haynous, that all godlie men feare not only Godis fair difpleafure to fall upon gow and gour heale realme, but alfo that fick libertie breid contempt, and in the end feditioun, if remeid in tyme be not gudlie provydeit, whilk in our judgement is impof- fible, if fevere punifhment be not execute for the cryme committed : Therfor we moft humblie befeik gour Grace, that all affectioun laid afyde, ge declare gour felfe fo upright in this cafe, that ge may give evi dent demonftration to all gour fubiectis, that the fear of God, joynit with the love of the commoun tranquillitie, have principall feat and dominion in gour G. heart. This forder, Madame, of confcience we fpeake, that as gour Grace in Godis name does crave of us obedience, whilk to render in all things lawfull we are moft willing, fwa in the famein name doe we, the haill profeffours of Christs Evangell within this realme, crave of gou, and of gour counfell, fharp punifhment of this cryme ; and for performance therof, that without all delay the principall actors of this moft haynous cryme, and the perfewars of this intendit villany, may be callit befor the Cheife Juftice of this realme, to fuffer ane affyfe, and to be punifhit ac cording to the lawes of the famein, and gour Graces anfuer we moft humblie befeik.] R. K. 1562. UNIVERSALL KIRK OF SCOTLAND. 13 A. D. M.D.LXII. The Convention of the Kirk of Scotland, gatherit in Edinburgh, the penult day of Junij 1562, in the whilk were prefent the Superin tendents, Minifters, and Commiffionars afterwritten. Superintendents. Maifters Johne Spotifwood of Lauthiane, John Wynrhame of Fyffe, John Willock of Glafgow, Johne Arefkine of Dun of Angus, Johne Carfwell of Argyle. Minifters and Commiffionars. Johne Knox minifter of Edinburgh, James Barron and Edward Hope, commiffionars, James Jong, Mr David Lindefay minifter at Leith, Patrick Cockburne and Johne Broun, commiffioners, Mr John Craig minifter at Halierudehoufe, John Hart and William Ofwald, commif fionars, William Harlaw minifter of St Cuthbert's kirk, Johne Burne minifter of Muffilbrugh, Mr Thomas Cranftoun minifter at Tranent, Alexander Forrefter minifter at Libbertoun, Mr George Fuird minif ter of Dummanie, Mr David Weymis minifter of Ratho, David Cun- ninghame minifter of Lanerick, James Walker minifter of Steinftoun, Paul Methven minifter of Jedbrugh, Mr George Hay minifter at Ed- dilftoun, Chriftopher Gudman minifter at St Androes, Mr George Leflie minifter at Straithmiglow, Richard Melvill minifter at Inch- braock and Maritoun, Johne Douglas of Pumfreftoun and John Dow- glas in Howden, commiffioners of the kirk of Calder, "the laird of Spot commiffioner for Dunbar, and diverfe in the Merfe, James Fleyming elder and commiffioner of Glafgow, the laird of Lye comiffionar of Lanerick, the laird of Barre comiffionar of Kyle, Johne Cathcart of Cariltoun comiffionar of Carrick, Mr Robert Pont elder and comif- fionar of St Androes, Thomas Scott of Hayning comiffionar for Sel- craig and Melros. u THE BOOKE OF THE 1562. The whilk day the forenameit conveinit in Mr Hendrie Lands houfe, and after prayer, the heids and articles following were treated. That unitie of doctrine may be retained among the minifters, that er- rours may be avoydit, that maners may be reformed, vyce punifhed with out exception of perfons, and fwa that vertue and knowledge may be univerfally planted through this realme. Becaufe the lyves of minifters aught to be fick as therby uthers may be provockit to godlines, it becomes them firft to be tryed ; and therfor, after the tryall of the fuperintendents, if any man have to accufe them in life, doctrine, or execution of their office, the elders of every kirk man be chargeit in Gods behalfe, to declare there confcience of there minifters, tuiching there doctrine, lyfe, manners and converfation. If any be ac cufed and convi6t of any notable cryme, he muft be fubiect to the cenfure of the kirk, and fuffer punifhment and admonition as they fall pronounce. After the minifters, the elders of every kirk muft be tryed, if any hes to lay to the charge of any of them. The accufed, whether he be minifter or elder, aught to be removed out of the affembly whill his caufe be tryit ; if he be convict, he can have no vote whill the kirk receive fatiffac- tioun. After tryall be tane of the haile, then man every fuperintendent, with the minifters and elders within his dyocie, expone to the kirk the ftate of the kirk among them, note the offences and crymes that they know, to the end that the whole may devyfe fome wholefome remeid, or at leaft make fupplicatioun to the fuperiour powers for the famein, and leaft that confu- fioun fhould happin through rafhnes and haftines, lotes wald be caftin what dyocie fhould firft be heard, what fecondlie, and fwa foorth of the reft. [It was ordained, that if minifters be difobedient to fuperintendents in any thing belonging to edification, they muft be fubjefit to correction. It was ordained, that a charge fhould pafs from every fuperintendent to all minifters within the bounds, to warn thair kirks of the order taken ; to wit, that the faid fuperintendents, minifters, elders, and deacons doe willingly fubject themfelves to difcipline ; and if any man have any thing to lay juftly to thair charge, that they doe the fame at the next Affembly, which is to be holden in December, and that no minifter leave his flocke for coming to the faid affembly, except he have complaints to make, or elfe be complained on, or at leaft be warned thairto be the fuperinten dent.] C. 1562. UNIVERSALL KIRK OF SCOTLAND. 15 The fecond Seffioun haldin the laft day of Junij 1562. [It was anfwered by the Affembly to the petition of Mr Alexander Gor don, anent the fuperintendentfhip of Galloway, firft, that they underftand not how he hath any nomination or prefentation, either be the Lords of Secret Counfell or province of Galloway. Secondly, Albeit he had prefen tation of the lords, yet he has not obferved the order keeped in the election of fuperintendents, and therfor cannot acknowledge him for a fuperinten dent lawfully called for the prefent, but offered unto him their aid and affiftance, if the kirks of Galloway fhall fuit, and the lords prefent ; and requireth that before he depart, he fubfcribe the Book of Difcipline. Far ther, it was concluded that letters fhould be fent to the kirks of Galloway to learn whither they required any fuperintendent or not, and whom they required.] C. It is concludit be the haill minifters affemblit, that all minifters falbe fubjeet to ther fuperintendents in all lawfull admonitiouns, as is prefcry- vit alfweill in the Booke of Difcipline as in the eledtioun of fuperinten dents. [That fo many minifters as have been accepted of their kirks, after triall offered and liberty granted to them to receive or refufe, fhall remain as lawfull minifters, unlets from that time they have been found criminal in life or doctrine ; and that fuch as ferve in the kirks without publick and free admiffion, it fhall be free for the kirks to receive or refufe them, as they be able to render the caufe why they refufe. That the examination of all thefe who have not been examined already fhall be in the prefence of the fuperintendent, and of the beft re formed kirk within his bounds neareft the place where the minifter is to be eftablifhed ; providing always that the judgement of the beft learned being prefent be fought in the examination and admiffion, and that he who fhall be fo admitted fhall not be removed, according to the order of the Book of Difcipline.] C. That fuperintendents take count what bookes every minifter hes in ftore in the tyme of their vifitation, and how the faid minifter, and every ane of them, does profite from tyme to tyme in reiding and ftudying the famein. £The Affembly ordained the fuperintendent of Lothian to fummond Mi chael Smith, pretended minifter of Strabroke, to purge himfelf of certain 16 THE BOOKE OF THE 1562. crimes laid and to be laid to his charge ; and Mr George Hepburn, par- fon of Hauch, to anfwer to fuch things as fhall be laid to his charge. The flander raifed upon Mr Robert Hamilton, minifter of Hamiltoun, was remitted to the tryal of the fuperintendent of Glafgow, to remove him out of the miniftry if he thought expedient. The Affembly decerned letters to be directed to the elders, deacons and whole kirk of Crail, to require them, as they would anfwer in the prefence of God, to fignify to the Affembly with all diligence, whither Mr John Melvill thair minifter was accufed be the whole kirk, or be any privat faction ; whither the whole kirk requireth his removal, or the moft part, or only fome particular perfones.] C. The thrid Seffion haldin the firft of Julij 1562. It is concludit that the minifter fall requyre his elders and every ane of them to affift him in all his lawfull affemblies ; in the whilk if they be fund negligent, then fall he proceid to all admonitiouns, according to the rule of Chryft ; whilk if they or any of them obey not, then fall the mi nifter, with fo many of the kirk as will fubfcryve with him, notifie the matter to the fuperintendent, and if he be this can profite nothing, that then be his advyfe the inobedient be pronounced excommunicat ; and the magiftrate fubiect to the rule of Chryft be not exeimed fra the famein punifhment, being fund guiltie or inobedient. [Touching perfons to be nominat to kirks, that nane be admitted without the nomination of the people, and due examination and admiffion of the fuperintendent ; and who have been otherwayes intrufed since the geir 1558, to make fupplication for their provifion according to the forefaid act. After the minifters, exhorters, and readers had complained of the fmalnefs of their ftipends, it was concluded, that every ane of them fhould give in their particular complaint to their fuperintendents, fhowing as well the valour of their ftipend, as why they cannot live reafonably thairupon, that the Affembly may make fupplication to the Quenis Grace and Coun fell for redrefs of the fame ; and this is to be done before the laft day of September next to come. And in like manner, becaus many minifters complain of not payment of their ftipends, in default of the third of divers perfons given be the 1562. UNIVERSALL KIRK OF SCOTLAND. 17 Quenis Grace to thefe who are in poffeffion of the kirks prefently, it was thought good to require of her Highnefs and Counfell, that order might he taken how the faid complainers might be payed. Alfwa in confideration that the miniftry in certain burrowes complained for want of their ftipends allowed unto them, becaufe of the iinalnefs of the third part of the teinds given to her Highnefs pertaining to the faids burrowes, it was thought good to crave of her Majefty and Counfel how the faids minifters fhould be fuftained.] C. To make fupplication to the hier powers for the manffes and aikers to minifters to dwell in, according to the Booke of Difcipline, and the kirks to be repairit that are decayit, conforme to the act of the Lords of the Secreit Counfell pronouncit before the Quenis Graces hame comeing. [Jin like manner, to prefer fupplication for the poor and their fupport ; for maintainance of fchools for inftruction of the gouth in every parifh ; and the fame to be taken of the twa part of the teinds, and within bur rows of the annual rents, and other fuch things as before ferved to ido latrie. The 4th Seffion haldin the 2d day of July. At the defire of the Affembly, compeared Mr John Sharp, and after long reafoning be the faid Mr John, it was afked whither he would ferve in the kirk of God in fuch place as the Affembly would place him into. He anfwered, he was content to beftow the gifts he had to the comfort of the kirk of God ; but for fo much as the charge required the preaching of the Evangel and miniftration of the facraments, the confideration of his prefent ignorance in the Scriptures, could not accept the fame till the time of farther knowledge. The Affembly finding him able to preach the word and minifter the facraments, as he had done before times, charged him to reenter to the miniftry, the place where he fhould minifter being referved to farther deliberation. It was ordained that Mr Craig fhould be joined with Mr Knox in the miniftry of Edinburgh ; that Mr James Greg fhould affift the fuperinten dent of Glafgow till Michaelmafs next to come, and thereafter to teach in the parifhes belonging to the Lord Arefkine, till the next Affembly. Mr George Hay the fuperintendent of Glafgow, Mr Robert Hamilton minifter of Machline and Uchiltrie, were appointed to preach in the un- 18 THE BOOKE OF THE 1562. planted kirks of Carick fucceffively one after another monthly till the next Affembly. Mr James Pont was appointed to minifter the word and facraments in Melrofs till the next Affembly ; Mr Robert Pont appointed to minifter till the next Affembly in Dumblane.] C. The fyft Seffioun, haldin at Edinburgh the 3d of July 1562. [David Forreft was requefted to take on the Miniftrie.] C. The haill kirks appoints and defcernes Mr John Sharp and Robert Wilfon to minifter in fik kirks as falbe thoght good be the kirk. The faxt Seffioun, 4 July 1562. [It was concludit that Mr John Sharp fhould reenter in the miniftrie, and to ferve in the kirk whilk the fuperintendent of Lothian fhould ap point, and if he refufed, that the cenfures of the kirk be execute againft him. David Forreft's anfwer was referred to the fuperintendent of Lothian and kirk of Edinburgh ; Mr Patrick Cockburn, Mr Thomas Hepburne, Mr David Lindfay, or elfe Mr John Craig, were appointed to teach in the implanted kirks of the Merce thair month by courfe. John Dowglafs of Pumferfton, complaining in name of the kirk of Calder, that they are defrauded divers times of the preaching of the word, fince their minifter was elected fuperintendent of Lothian, defired the faid fuperintendent to be reftored to them again, or fome qualified minifter to be provided to them. It was anfwered, the profit of many kirks was to be preferred to the profit of one particular, and that the kirk of Calder fhould either be occupyed be himfelf, or be fome other qualified perfon in his abfence, which could not be otherways helped in this rarity of the miniftry, and that they fhould have complained when the publick edi6t was fet furth 20 days before his admiffion. The Affembly being informed that Mr David Spenfe gave inftitution, by vertue of the Popes bulls, to Mr Robert Auchinmouty, of the preben- dry of Ruffell, the 25 of June laft by paft, ordained that the fuperinten dents of Fife and Lothian take order refpective with the forefaid perfons, 1562. UNIVERSALL KIRK OF SCOTLAND. 19 and to informe the Juftice Clerk, to call them to particular diets for breaking of the Quenis acts, if they find the matter clearly tryed, and that the fuperintendent of Lothian fignify the matter to the Duke. J C. Touching the removeing of idolatrie, the kirk now as of befoir, con cludes humble fupplicatioun to be givin in to her Hienes ; but the maner how, they have referrit to further confultatioun of the godly of her Majefties fecreit counfell. Item, That fupplication be made to her Hienes for punifhing of all vyces commanded be the law of God to be punifhed, and get not commandit to be punifhed be the law of the realme ; viz. blafphemie of Godis name, con tempt of his word and facraments, profanation of the famein be fik as were not lawfullie callit to the minittration thereof, perjurie and takeing of the name of God commonly in vaine, breakers of the Sabbath day in keiping of commoun mercatts, adulterie, fornication, filthie talking ; and further, that punifhment be exactit upon the tranfgreffours of the laft proclamation made agains maffe mongers or heirars. [Item, that fuit be made to the Juftice Clerk, for order to be taken with Mr William Scott of Balwery, for difobedience to the fuperintendent of Fife, and Mr James M'Verit in Bute, for difobedience to the fuperin tendent of Argyle. Item, that fupplication be made to the fecret counfell, for affiftance of the fuperintendent of Angus to vilit the fherifdoms of Aberdeen and Bamf, according to the commiffion given to him be the Affembly in De cember laft by paft. This Affembly joined to him as affociats Mr Chrifto- pher Gudman and Mr John Row.] C. Anent the actiouns of divorcements, to make fupplicatioun to the fecreit counfell, that either they give up univerfallie the judgement of divorce to the kirk and their feffiouns, or els to eftablifh men of good lyves, know ledge and judgement, to take the order thereof ; provyding alwayes that the faids Lords make provifioun and ordinance how the guiltie perfons divorced falbe punifhed. [The tenour of the Supplicatioun which was to be prefented to the Quenis Majefty and her Counfell was red in oppin audience of the Affemblie and approved as followeth : — l~0 THE BOOKE OF THE 1562. To the Quenis Majeftie, and her moft honorable Privie Counfaill, the Superintendents and Minifters of the Evangell of Jefus Chrift within this Realme, togidder with the Commiffionars of the haill Kirk, defyre Grace and Peace from God the Father of our Lord Jefus Chrift, with the Spirit of righteous judgment. Having in mynd that fearfull fentence, pronunced by the eternall God againft the watchmen that fee the fworde of Gods punifhment approche, and do not in plane words forewarne the people, yea, the princes and rewlars, that they may repent, we cannot bot fignifie unto your Hienes and Counfaill, that the ftate of this realme is fik for this prefent, that unlefs redrefs and remedie be fchortly provyded, that Godis hand cannot long fpair in his angre, to ftryke the head and the taill ; the inobedient prince and finful people : For as God is unchangeable and trew, fo must he punifch in thefe our dayes, the grevous finnes quhilk befoir we reid he hes punifched in all ages, efter that he hes long called for repent ance and none is fchawn. And that your Graee and Counfall may underftand quhat be the things we defyre to be reformed, we will begin at that quhilk we affuredly know to be the fontane and fpring of uther evils that now abound in this realme, to wit, that idoll and baftard fervice of God, the Mefs. The fountain we call it of all imp^etie, not only becaus manie tak bauldnes to fin by reafone of that opinion quhilk they have conceaved of that Idoll, to wit, that by the vertew of it they get remilfion of thair finnes, but alfo becaus that under the color of the Mefs, ar hoores, adulterars, drunkards, blafphemars of God, of his holie Word and Sacraments, and fik uther manifeft male- factours, mainteyned and defended ; for let any Meff-fayer, or earn eft manteyner thairof be deprehended in any of the forenamed crymes, na executioun can be had, for all is done in hatrent of his religioun, and fo ar wicked men permitted to live wickedlie, clocked and defended by that odious Idoll. Bot fuppofing that the Mefs wer occafioun of na iik evills, yet in the felf it is fo odious in Gods prefens, that we cannot ceas with 1562. UNIVERSALL KIRK OF SCOTLAND. 21 all inftance to defyre the removing of the fame, alfweill from yourfelf as from all uthers within this Realme, tacking heavin and eirtb, yea, and your own confcience to record, that the obftinat manteynance of that Idoll fall in the end be to you deftrudtioun of faull and body. If your Majefty demand, quhy that now we ar more erneft then we have bene heirtofore ; We anfwer, (our former filence no ways excuifed) becaus we find us fruftrat of our hope and expectatioun ; quhilk was, that in proceffe of tyme your Graces hart fould have bene mollifyed, fo far as that ye wald have hard the publict doctrine taught within this Realme ; by the quhilk, our farther hope was, that Gods Halie Spirit fould fo have moved your hairt, that ye wald have fuffered your religioun (quhilk before God is nothing bot abominatioun and vanitie) to have bene tryed by the trew tuich-ftane, the written word of God ; and that your Grace finding it to have no ground nor foundatioun in the fame, fuld have gevin that glory unto God, that ye wald have prefered his treuth unto your own preconceaved vain opinion, of quhat antiquitie that ever it hes bene. Quhareof we in a pairt now difappointed, can no longer keape filence, unlefs we wald mak our felfis criminall befoir God of your blude, perifching in your own iniquitie ; for we planely admonifche you of the dangers to cum. The fecound that we requyre, is punifchment of horibill vices, fick as ar adultery, fornicatioun, oppin horedome, blafphemy, contempt of God, of his Word and Sacraments ; quhilks in this Realme, for lack of punifch ment, do even now fa abound, that fin is reputed to be no fin. And thair- fore, as that we fee the prefent fignes of Gods wrayth now manifeftly appear, fo do we forewarne, that he will ftryke, or it be long, if his law without punifchment be permitted thus manifeftly to be contemned. If any object, that punifchment cannot be commanded to be executed with out a Parliament ; we anfwer, that the eternall God in his Parliament hes pronunced death to be the punifchment for adulterie and for blafphemie ; quhofe a6ls if ye put not to executioun (feeing that Kings ar but his lieutenants, having no power to give lyfe, quhare he commands death) as that he will repute you, and all uthers that fofter vice, patrons of im- pietie, fo will he not faill to punifch you for neglecting of his judgements. Our third requeft concernes the pure, quho be of thre forts : The pure laborars of the ground ; the pure defolate beggars, orphelins, widowes, and 22 THE BOOKE OF THE 1562. ftrangears; and the pure minifters of Chrift Jefus his halie Evangell, quhilk all ar fo cruelly entreated by this laft pretended ordour takin for fuftentatioun of minifters, that thair latter mifery far furmounteth the former ; for now the pure laborars of the ground ar fo oppreffed by the cruelty of thofe that pay thair thrid, that thay for the moft pairt advance upon the pure, quhatfoever they pay to the Quene, or to any uther. As for the very indigent and pure, to quhom God commandes a fuftentatioun to be provyded off the teyndes, they are fo defpyfed, that it is a wonder that the fone giveth lyeht and heat unto the earth, quhare Gods name is fo frequently called upoun, and no mercy (according to his comandements) fehawin to his creatures. And as for the minifters, thair livings are fo appoynted, that the moft pairt fall live but a beggars lyfe. And all cometh of that impiety, that the ydle bellies of Chrifts enemies mon be fed in thair former delicacy. We dar not conceill from your Grace and Honours our confcience, quhilk is this, That neyther by the law of God, neyther yet by any juft law of man, is any thing dew unto thame, quho now moft cruelly do exact off the pure and riche, the twa pairts of thair benefices, as they call thame. And thairfore we moft humilly requyre, that fome uther ordour be takin with thame, nor that they be fet up agane to impyre above the peple of God, eyther yet above any fubjecl; within this realme ; for we fear that fik ufurpatioun to thair formare ftate, be nether in the end pleating to thame- felves, nor profitable to thame that wald place thame in that tyranny. If any think that a competent living is to be affigned to thame, we repugne not, provyded that the labourars of the ground be not oppreffed, the pure be not utterly neglected, and the minifters of the word fo feharply en treated as now they ar. And fynalie, that thofe ydle bellies, quho by law can crave nothing, fall confefs that they receive thair fuftentatioun, not of debt, bot as of benevolence. Our humble requeft is thairfore, that fome fuddane ordour may be takin, that the pure labourars may find fome re lief, and that in every parochin fome portioun of the teynds may be affign ed to the fuftentatioun of the pure within the fame. And lykwyfe that fum publict relief may be provyded for the pure within burghis, that collectors may be appoynted to gather, and right fchairp countes may be taken, alfweill of thair receat as of thair delyverance. The farther confi- deratioun to be had to our minifters, we in fum pairt remitt to your wif- domes, and unto thair particular complaints. 1562. UNIVERSALL KIRK OF SCOTLAND. 23 Our fourt petitioun is for the manfes, yairds and gleibs juftly apperteining to the minifters, without the quhilk it is impoffible unto thame quyetly to ferve thair charges ; and thairfore we defyre that ordour be takin thairintill without delay. Our fyft concerneth the inobedience of eertane wicked perfones, who not only truble, and have trubled minifters within thair functiouns, bot alfo difobey the fuperintendents in thair vifitatioun ; quhareof .we humblie crave remedy ; quhilk we do not fa mekle for any fear that we and our minifters have of the papiftes, bot for the love we bear to the commone tranquillity. For this we cannot hyd from your Majeftie and counfaill, that if the papifts think to triumph quhare they may, and to do quhat they lift, quhare thair is not a pairtie able to refift thame, that fum will think, that the godly mon begin quhare they left, quho heirtofore have borne all things patiently, in hope that lawes fuld have brydled the wicked ; quhare of if they be fruftrat, (albeit that nothing be more odious to thame then tumults and domefticall difcords) yet will men attempt the uttermoft, befoir that in thair awn eyes they behold that hous of God demolifched, quhilk with travell and danger God hath within this realme erected by thame. Laft, we defyre that fick as have receaved remiffioun of thair thriddes, be compelled to fuftene the minifterie within thair boundes, or els we for- warne your Grace and counfaill, that we feir that the peple fall retene the haill in thair hands, untill fick tyme as thair minifters be sufficiently pro vyded. We farder defyre the kirks to be repared according to an act fett forth by the Lords of the Secret Counfaill, befor your Majefties arryvall in this country : That juges he appoynted to hear the caufes of divorce ment ; for the kirk can no longer fuftene that burthen, efpecialie becaus thair is no punifchment for the offendars : That fayers and hearers of mefs, prophaners of the facraments, fik as have entered into benefices be the Paipes bulles, and fick uther tranfgreffors of the law maid at your Graces arryvall within this realme, may be feverely punifched ; for els men will think that thair is no treuth ment in making of fik lawes. Far ther, we maift humely defyre of your Grace and Honorabill Counfaill, a refolute anfwer to every ane of the heades forewritten, that the fame being knawn, we may fumquhat fatiffie fik as be grevoufly offended at manifeft iniquity now maintyned, at oppreffioun under pretext of law done againft the pure, and at the rebellious difobedience of many wicked perfons againft Gods word and holy ordinance. 24 THE BOOKE OF THE God the Father of our Lord Jefus Chrift, fb reull your hairtes, and direct your Grace and Counfaills jugements by the dytament and illumi- natioun of his Holie Spirit, that ye may anfwer fo as that your confciences may be abfolved in the prefence of that rychteous Juge, the Lord Jefus ; and then we doubt not bot ye yourfelves fall find felicity, and this pure realme, that lang hes bene oppreffed by wicked men, fall injoy tranquil- litie and reft, with the trew knowledge of God.] K. C. And fwa diffolves this Affemblie, and appointit to conveine again the xxv of December nixt to cum in Edinburgh. Sic fubfcribitur, Johne Gray. 1562. UNIVERSALL KIRK OF SCOTLAND. 25 A. D. M.D.LXII. The Generall Affemblie of the Kirk of Scotland conveinit at Edin burgh the xxv of December 1562 ; in the whilk were prefent the Superintendents, Minifters and Commiffionars. The whilk day the foirnameit affembleit in the auld Counfell houfe. John Knox minifter of Edinburgh callit upon Goddis name for the affift- ance of his holie fpirit. [Mr Robert Cumming fchoolmafter of Arbrothe was complained upon be the Laird of Dun Superintendent of Angus and Mernes, for infecting the youth committed to his charge with idolatrie. C] Seffio 2a- haldin the 28 of the faid month. [According to the order takin at the laft Affemblie, becaus the Superin tendent of Lowthian was abfent who fould firft have been tryed, the Super intendent of Fife was removed, and the minifteris and commiffioneris of the faid diocie who wer prefent for the time wer required if they or any of them had any thing to lay to his charge touching his manneris, converfa- tioun, doctrine, and executioun of his office, that they would declair it. It wes murmurit be findrie minifteris, that he wes fbmewhat flack in his vilitatiounis, and remanit not at the kirkis for ordering fuch things as wer neceffar for the fame ; that he wes too much gevin to wordlie affairis, flack in preaching, rafli in excommunicatioun, fharper nor became him in making acts for payment of fmall tithes. The Superintendent of Angus wes removed next. It wes laid to his charge, that there wer manie popifhe preiftis, unabill and of wicked life, admitted to reading at kirkis within his diocie. 2. That some goung men wer rafhlie admitted to the miniftrie, and to be exhortaris, without fuch trial and examinatioun as ar required in the Book of Difcipline. 3. That gentilmen of vitious lives wer chofen to be elderis in divers kirkis. 4. That 26 THE BOOKE OF THE 1562. fundrie minifteris under his jurifdictioun remanit not at thair kirkis, vifit not the feik in thair extremitie, and alfua that the gouth is not inftructed. 5. That fome minifteris come ouer lait to the kirkis wher they fould preach on the Lordis day, fo that the peopill doe wearie flaying upon thaim, and incontinent the fermon being ended, they depart. 6. That the mini fteris refort not to the exercife, according to the order fet down in the Book of Difcipline. The Superintendent, after he came in again, rendered up the Commiffion he received from the Affemblie for vifiting the North, and eftablifhing minifters, elders and deacons in the kirk. Thereafter the minifters of Fife wer removed, and the Superintendent and Commiffioners wer required to declair what they knew to be laid to their charge. Then the minifters of Mernes and Angus wer removed and tryed. Then the Superintendent of Lothian, now being prefent, was re moved and tryed. It was required be the Commiffionars of Edinburgh, that he wold fometimes preache in their Kirks, as the principall roume within his Jurifdi6tion : and others required, that he wold vifite Muffil- burgh and Stirling oftener. Thereafter the Minifters of Lowthiane and Stirling-fhire war removed and tried. It was concluded, That the Superintendent fall caufe prefent the names of Minifters, Exhorters and Readers, to the Lords appointed be the Queen's Majeftie for affigning of their Stipends, and that in thir prefentations be fpecified the entrie of thefe that ar prefented, to be at Allhallowmes, Lambmes, Candlemes or Beltan, togither with the yere of God, that they may receive payment at the terme after their entrie, and fua furthe quar- terlie. And if it fall happen that anie Minifter, Exhorter or Reader de part at the pleafure of God, the intrant fall receive payment pro rata ser- vitii ; that the executors of the defunct fall receive payment for the time he hath ferved : And this order to be obferved hereafter. Anent the fuftentation of the minifters, exhortars and reidars within burrowes, my Lord Controller requyrit the haill comiffioners of burrowes prefentlie con- veinit at this affemblie, that they wold fignifie unto him by word or write within ane competent fpace, what releife they wold make to the fuftenta tion of the minifters forfaid, in refpect that they were befor burthened with diverfe charges for uphalding of fick as called themfelves minifters in the abufed kirk. C] 1562. UNIVERSALL KIRK OF SCOTLAND. 27 Seffio 3a- haldin the 29 of December 1562. The kirk prefentlie affemblit ordaines that inhibition falbe made to all and fundrie perfons now ferving in the miniftrie, who hes entrit being flanderous befor in doctrine hes not fatisfied the kirk. Secondlie, that hes not bein prefented be the peiple or ane pairt thereof to the fuperin tendent, and he after examination and tryall hes not appointed them to their charges, and this act to have ftrength as weill againft them that are callit bifchops as uthers pretending to any miniftrie within the kirk : [And ordaineth the fame act to be promulgat be the fuperintendents in their diocies ; and where there ar not fuperintendents, be commiffioners fent from the Affemblie, the copie thereof to be affixed upon the principall kirk-doores. And if anie perfon, after inhibition made, contemptuouflie continue in his miniftrie, the Affemblie ordaines to proceed againft him be cenfures, to excommunication, unlefs be his letters to the commiffioners, or nixt fuperintendent, he give fignification of his obedience, and promife to accept the fame charge according as they fall command him. And in that cafe the Affemblie decerned, that with libertie and freedom of con fcience, and alfo without danger of the former paine, he may continue in his miniftrie till the nixt Affemblie ; at which time it is ordained, that they prefent themfelves before the Affemblie. And that this a haldin the laft of December 1562. The Kirk gives comiifioun to the Superintendents of Angus, Lowthiane, Glafgow and Fyfe, with David Forrefter, to travell with the Lords of Se- creit Counfell to know what caufes fall come in judgement to the kirk, and what ordour of execution falbe tane therein. 30 THE BOOKE OF THE 1562. [Item, To travell for abolifhing of mercats holding upon the Lord's day throughout the realme. Item, Commiffion given to Mr Knox to make fupplication both by word and writt to the Queen's Majeftie, for fupport of the poore. Notwithftandingof the nomination of fuperintendents for Aberdeen, Bamf, Jedburgh and Dumfries, made before in the thrid feffion, the Affemblie remit ted farther advifement and nomination of the perfons to the Lords of Secreit Counfell, providing the days appointed for the admiffion be not altered. C] It is concludit that ane uniforme ordour falbe takin or keipit in the ad- miniftratioun of the Sacraments and folemnization of mariages and burialls of the dead, according to the Booke of Geneva. Attour, ordains the communion to be miniftrat four tymes in the geir within burrowes, and twyfe in the geir to landwart. [The fuperintendents war appointed to confer with the Lords of Secreit Counfell, anent the charges to be beftowed for the elements at the Lord's Supper. O] For fameikle as it was heavilie lamentit be the maift pairt of the mini fters, that they can have no dwelling places at there kirks, becaufe the manffes are either deteinit be the perfons or vicars of the famein, or els fett in few or otherwayes to gentlemen : The Clerk Regifter and Juftice Clerk defyre the fuperintendents to fignifie to the Clerk of the Rentales where the faids manffes are, and in what countrey, to the effect that the faids manffes may be affignit to the Quenis G. thrid part, and therafter that the faids minifters compleinand may be ftaiked and helped to the famein, for there comoditie and remaining with there flocke. Notwithftanding the proponeing and nominatioun of the fuperintendents for Aberdeen, Bamfe, Jedbrucht and Dumfreis, appointed of befoir in the thrid feffioun, and the days appointit for ele6lioun of the famein, the haill kirk remitts farder advyfement and nomination of the perfones to the Lords of the Secreit Counfell, provydeing alwayes that the days appointed for their electioun be not prolonged. It is ordainit, that no minifter nor others bearing office within the Kirk, take in hand to cognofce and decide in the aitiouns of divorcement, except the fuperintendents, and they to whom they fall give fpeciall commiffioun, and betwixt fpeciall perfons. [After invocation of the name of God made be Maifter Knox minifter of Edinburgh, the Affemblie diffolved. C] 1563. UNIVERSALL KIRK OF SCOTLAND. 31 A. D. M.D.LXIII. The Generall Affemblie of the Kirk of Scotland, conveinit and haldin at St Johnftoun, the xxv of Junij 1563. In the whilk were af- femblit the Superintendents, Minifters and Comiffioners of the Kirk. Prayer is made be Mafter Johne Willock, Superintendent of the Weft. Superintendents and minifters are tryed. [The triell of the fuperintendent of Fyfe was delayed till the day follow ing, at the defire of the minifters and commiffioners of Fyfe. Mr Alex ander Gordon, filled Bifhop of Galloway, having gotten commiffion before to plant minifters, exhorters, readers, and other office-bearers requifite for a reformed kirk within the bounds of Galloway, was removed to be tried. The laird of Gairlies younger complained that the faid commiffioner had not miniftred juftice to Margaret Murrey, complaining upon her hufband Golfride Makculloch for none-adherence. Bot the commiffioner could not fatiffie the Affemblie with anie fufficient excufe. C] Johne Knox minifter of Edinburgh, having commiffioun givin to him, and certain elders and deacons of the kirk of Edinbrugh, to take cougnitioun of the flander raifit agains Paul Methwen, late minifter at Jedbrucht, anent adulterie committed be the faid Paul with ane , his fervant, the faid Mr Knox declarit the haill caufe, what he had found in the foirfaid flander, viz. The faid Paul to have committed the faid abhominable cryme of adulterie, and therfor, with advyce of the Kirk of Edinburgh, fuperintendent of Lowthiane and collegues above men tioned, had removed him fra all miniftrie, and alfo excommunicat him ; and fwa having put his faid commiffioun to execution, rendered up the fame to the General Affemblie, fra whom he received it. Mr John Rutherfuird, principall of St Salvator's Colledge, complained that Mr John Balfour ufurpit the miniftrie at Cultis, being unqualifiet to 32 THE BOOKE OF THE 1563. difcharge the fame ; and feeing the kirk pertainit to him as principall, he offerit himfelfe to minifter according to the talent givin him be God. The Kirk heiring his complaint and offer, ordainit the faid Mr Johne to accept the office, who in prefens of the Affembly accepted the fame. The faid day David Fergufone, minifter at Dumfermling, declared in the publick affemblie, that he had fpokin Paul Methven, lately excommu- nicat, whom he fand verie forrowfull for his grievous offence committed be him in maner above rehearfed, and alfo fick repentance for the fame, that he wald underly whatfoever punifhment the kirk of God wald lay upon him, even if it were to lofe any member of his bodie, to fatiffie the fame. After long reafoning of the whole Affemblie of the faid repentance and offer reportit be the faid minifter, the Kirk condefcendit that the faid Paul fould have a comfortable anfuer ; and attour that they in the meane- tyme fould fpeake the Lords of the Privie Counfell theranent. [Commiffions war given to the bifhops of Galloway, Orknay and Cat- nefs, for the fpace of a yeere, to plant kirks, &c. within their owne bounds, and that the bifhop of Galloway haunt afweill the fhirefdome of Wigton as the ftewartie of Kirkubrigh, reckoned to be within his owne bounds. It was ordained lykewayes, That qualified men fould be putt in election for a fuperintendentfhip in Teviotdaill, Nithifdaill, Annandaill and Selkirk, or that commiffion be given to fome qualified men for the yeere nixt to come, to plant kirks in the faid bounds ; and in like manner to requeift the fecret counfell to provide for fuperintendents or commiffioners to plant kirks in the fouth parts. C] Seffio 2a- haldin the 26 of June 1563. The whilk day the Kirk pronouncit that no contract of mariage alledged to be made fecreitly, carnall copulatioun following, fall have faith in judge ment in tyme comeing, untill the tyme that the contractors fuffer as breakers of good ordour and flanderers of the kirk ; and thereafter that faith fall not be givin unto that promife, unto fick tyme as famous and un- fufpected witneffes affirme the fame, or els the parties confefs it ; and in cace that probation nor confeffion follow not, that the faids offenders be punifhit as fornicators. Concerning the ordour of appellatioune, it is ftatute and ordainit, that if 1563. UNIVERSALL KIRK OF SCOTLAND. 33 any perfon find himfelfe hurt be any fentence givin be any minifters, elders or deacons of the kirk, it falbe leifum to the partie fo hurt to appeale to the fuperintendent of the dyocie and his fynodall conventioun, within ten dayes nixt after ; and the faid fuperintendent fall take cognitioun whither it was weill appealit or not, and give his fentence therupon ; and if the partie get alledges him hurt be the fuperintendent and his conventioun, it falbe lawfull to appeale to the Generall Affemblie of the kirk immediately thereafter following, within ten dayes as of befoir, and the faid Affemblie to take cognitioun of the faid appellatioun, whither it was weill appealed or not, and therafter to pronounce fentence therintill, fra the whilk it fall not be leifum to the faid pairtie to appeale, but the former fentence to have executioun according to the tenour of the famein. Item, If the ap pellant juftifie not his appellatioun befor the fuperintendent and his con ventioun forfaid, that he fall imput ane paine upon the faid appellant, as he fall think good, above the expenffes to the partie ; whilk paine falbe deliverit to the deacons of the kirk where the firft fentence was givin, to be diftributed to the poore. And in lyke manner, the Generall Affemblie finding it evill appealit be the laid partie fra the foirfaid fuperintendents and commiffioun, fall as of befoir impute ane paine arbitrall to be diftribute as faid is, together with the expenfes to the partie, as is above fpecifiet. The Lords, Comptroller, Juftice Clerk, and Clerk of Regifter, beand all prefent in the Affemblie, pronouncit to give letters gratis to all minifters requyreing the fame, and caufe them to be execute upon the comptrollers expenfes, to charge all them that has manffes to delyver the fame to the minifters, or bigge ane fufficient houfe to them within fick a day as the parties fall defyre, under the paine of horneing, according to the act of Parliament lately made theranent. Ordainit that fupplicatioune be made to the Queens Majeftie and fecreit counfell for unioun of kirks, that wher two or thrie are within two or thrie myles diftant, the fame to unite, and caufe the inhabitants to refort to ane of the faids kirks, to heir the word and receive the facraments ; becaufe the fcarcenes of minifters permitts not every kirk to have a feverall minifter, and alfo the fmall number of lick parochines requyres not the famein. Ordainit that the inftructioun of gouth be comittit to none within this realme, neither in univerlities nor without the famein, but to them that profeffe Chryfts true religioun now publicklie preached ; and that fick as now occupie the places, not profeffmg as faid is, be removed fra the E 34 THE BOOKE OF THE 1563. famein, and to remember that fame ordour be made for the fuftentatioun of poore fcholers. [Anent the execution of the Act of Parliament tuiching the repairing of kirks, it is thoght neceffar that letters, conforme to the faid act, be deli vered to the Superintendents gratis ; and that everie Superintendent fall confider what kirks within his bounds need reparation or re-edifieing, and thereafter deliver the faids letters to the collectors of the thrids within the fame bounds, to be executed be an officer of armes at fuche kirks as falbe necdfull, and the Superintendent fall think good : And thereafter the faid collector fall deliver the faids letters, duelie executed, to the Superin tendents forefaids, to the effect that they may, where the difobedience fall happen to be, crave remeed from the Lords of Secreit Counfell. Commiffion was given to Mr Johne Hepburn, minifter of Brechin, to plant minifters, exhorters, readers, elders, deacons, and other members requifite and needfull for a reformed kirk, in Murrey, Bamf, and the countreis adjacent, and to place fchoolmafters. The like commiffion was given to Mr Robert Pont, to plant kirks in Inverneffe, and to Mr Donald Monro, to doe the like within the bounds of Roffe, and to affift the bifhop of Cathnes in preaching of the gofpell, and planting of kirks ; and thefe commifiions war to endure onlie for a yeere. Supplications ordained to be made to the fuperior powers, for confti- tuting judges in everie province, to heare the complaints of parties, alledg- ing adulterie to be committed be the hufband or the wife, and the faid judges to take cognition in the mater, and punifche according to the Act of Parliament. Item, That when anie benefice fall vaike, qualified per fons may be prefented to the Superintendent of the province, where the benefice vaiketh, that they may be admitted in the places deftitute. Item, That where two or three kirks ar diftant two or three miles, they may be united, and the inhabitants caufed to refort to the faid kirks, to heare the word, 'and receave the facraments; becaus the rare number of minifters fuffer'eth not everie kirk to have a feverall minifter, and the fmalnes of the parifhcs require not the fame. Item, For remitting the thrids, or a part thereof, to the biihops appointed be the Affemblie to be commiffioners, to plant kirks within their owne bounds. The Comptroller being prefent, was requefted to affume and afligne to hirnfelf fo much of tho thrids of the benefices remitted by the Queene to the poffeffors, as may iufficientlie Maine the miniftrie ; and to caufe his 1563. UNIVERSALL KIRK OF SCOTLAND. 35 collector to intromitt therewith, and diftribute the fame to the minifters, afweill for times bypaft as to come. The Colledges and Kirks of Univer- fities, whofe thrids are remitted, not to be heirin comprehended ; which he promifed to doe. The comptroller, juftice clerk and clerk regifter being prefent, promifed to give letters gratis to all minifters requiring the fame, and caufe to be executed upon the comptroller's expenfes, to charge all poffeffors of manfes to reftore the fame to the minifters, or to build a fuffi- cient houfe to them againft a fett day, as the partie fall defire, under the paine of horning. C] Seffio 3a, 27 of June 1563. It is ftatute and ordainit that no worke be fett forth in print, neither yet publifhed in wryte, tuiching religioun or doctrine, untill fick tyme as it falbe prefentit to the fuperintendent of the dyocie, advyfeit and appro ved be him, and be fick as he fall call of the moft learned within his bounds ; and if they or anie of them doubt in any point, fo that they can not refolve clcirly in the fame, they fall produce the faid worke to the Generall Affemblie of the kirk, wher ordour falbe tane tuiching the refo- lutioun of the faid doubt. [Commiffion given to the fuperintendent of the Weft, to vifite Nithifdaill, and plant kirks there for a yeere. To Mr Thomas Drummond, minifter at Creich, and Johne Duncanfone, minifter of Stirline, conjunctim et divifim, for a yere, to plant kirks in Monteith. The fuperintendents of Angus and Fyfe war defired to draw the townes of Dundie and Sainct Johnftone to agreement. The fuperintendent of Lowthiane, the minifters, elders and deacons of the kirks of Edinburgh, conjunctim et divifim, Mr James Makgill, clerk of regifter, Sir Johne Spence of Condie, the Queenes advocate, Thomas Mackcalgeane, David Borthwike, Clement Littill, Richard Strang, or anie two of them, war appointed to take cognition of Mr Magnus Halcro and Margaret Sinclairs appellatioun from the bifhop of Orknays fentence in a caufe of divorce. The Affemblie, after mature deliberation, and difcuffing of the articles, for the which proceffes war led, and fentence given be umquhill James, bifhop of Roffe, commiffioner to James, archbifhop of Sanct Andrews, at 36 THE BOOKE OF THE 1563. Halyrudhous, the 26 of Auguft 1534, againft James Hammilton of Kinca- vell, fliireff of Linlithgow, pronunced the faid articles to be good and godlie, and nawife hereticall ; and fentence given be the faid James, bifhop of Roffe, commiffioner, to have been wrangouflie led, and given againft the faid James, in paena contumacise, and therefore to be caffe and null, with all that followed thereupon, and he to be reftored in integrum to his honour, fame, and dignitie. The articles for which he was condemned war thefe, That umquhill Mr Patrik Hammilton died a good Chriftian and catholick man, howbeit he was condemned as an impenitent heretick, and burnt be them ; and was content to die the fame death ; that there is no purgatorie ; that we ought not to pray for the deid ; that man hath not free-will, as the papifts meane ; that he ufed the Lords prayer in the vulgar tongue publictlie ; that he had books condemned and fufpected of herefie ; that he contemned and caufed to contemne the preaching of preaching Friers, and fo furth. Afternoone compeired James Gibb of Carruder, one of thefe who wer fummoned for their intereft, to heare the faid articles to be approven. He protefted whatfoever thing were done in this Affemblie in favours of James Hammilton of Kincavell, fheriff of Linlithgow, fould not be prejudicial! to him and his rights whatfoever. C-3 Seffio 4ta- 28 of June 1563. [Commiffion was given to Mr Gudman minifter at Sanct Andrews, Williame Chriftefone minifter at Dundie, Mr Williame Cock, Mr Wil- liame Scott, and Mr John Douglas rector of the univerfitie, to take cog nition of the complaint given in be the fuperintendent of Fyfe, againft Mr George Leflie, minifter of Strameglo, and to decide therein ; and to notifie their fentence and decreitt to the fuperintendent of Angus. The fuperintendent of Fyfe had complained that he had not execute his fuminons againft fome perfons in Auchtermowtie, where he was alfo minifter, and that he had not miniftred the facraments fince December laft bypaft. C] Ordaines that every fuperintendent within his awin jurifdictioun caufe warne the fliyres, townes, and paroch kirks, to fend ther comiffioners unto the Affemblies in tyme comeing, declareing unto them the tyme and place ; 1563. UNIVERSALL KIRK OF SCOTLAND. 37 and als that every fuperintendent convein the firft day appointit for the Affemblie, under the paine of fourtie fhillings, to be diftribute to the poor without remiffioun. therof. [Mr Knox was requeifted to put in order the forme and maner of ex communication. He was requeifted be the fuperintendent of Angus to vifite the North, and preach the word in thefe countries for a feafone, becaufe the preaching of the word was precious in thefe places. C] 38 THE BOOKE OF THE 1563. A.D. M.D.LXIII. The Generall Affemblie conveinit at Edinburgh, the xxv of Decem ber 1563, in the NewTolbuith; the exhortatioun and prayer made be Johne Willock. In the whilk were prefent James duk of Chatel- erault, Archibald erle of Argyle, James erle of Murray, James erle of Mortoun, William erle Marfchell, Alexander erle of Glencarne, Williame Metland of Leithingtoun, fecreitar, Sir John Wifchart of Pittaro, comptroller, Sir Johne Ballantyne of Achnoull, juftice clerk, Lords of the Secreit Counfell, [the Superintendents of Angus, Lowthiane, Fyfe and the Weft, Alexander ftyled Bifhop of Galloway, Adam Bifhop of Orkney, Minifters and Commif fioners, Barons, Burgeffes and Gentlemen in a great number. The exhortation was made be Mr Willock, Superintendent of the Weft. C] Seffio lma> 25 of December 1563. It was proponit be the haill Affemblie, that a moderatour fould be ap pointit for avoyding confufion in reafoning, but that everie brother fould fpeake in his awin rowme. The Lords of the Secreit Counfell, with the haill brethren of the Affemblie, appointit Mr Johne Willock, Superinten dent of the Weft, moderator dureing this Affemblie. Anent the queftion moveit be Johne Knox, minifter of Edinbrugh, to the haill Affemblie, whither he receivit charge of the haill kirk conveinit in Edinburgh after the beginning of the Reformation, to advertife the brethren to conveine at what tyme any member of the kirk fould chance to be troublit, and that for the counfell to be had. To the whilk the Lord Lindefay, lairds of Kelwood and Abbotifhall, Cunighameheid, the fuperintendents of Angus, Fyfe, Louthiane, Weft, and Galloway, Mr John Row, Mr Chriftiefone, Mr Robert Hamiltoun, Mr Chriltopher Goodman, minifters, with the moft part of the whole 1563. UNIVERSALL KIRK OF SCOTLAND. 39 Affemblie, made there declaratioun, that they remembrit verie weill that the faid Johne Knox wald have had himfelfe exonoured of the foirfaid charge, and that the kirk then prefent wald na wayes fuffer him to refufe the fame, but that he fould continue as befoir to advertife fra tyme to tyme as occafion falbe givin. [When the fuperintendents war to be tried, Mr Johne Spottifwod fuper intendent of Lowthiane was removed ; when he was called in again, he requefted the Affemblie to give him libertie to returne to his former cure, becaus he was not able to difcharge fo great a burthen as he was burthened with. The fuperintendent of Fyfe being removed, it was complained that he preached not in his vifitations, bot caufed the minifter of the kirk to occupie the rowme. The commiffioners of Fyfe defired a diett to be ap pointed, wherin to give in complaints againft him, which was granted. The Superintendent of the Weft being removed, it was complained that he did not his endevoure to procure the extirpation of idolatrie in his bounds. He layed the blame upon the duke and the erle of Caffils. Farther, he defired to be difburthened of the great charge layed upon him, which he had undertaken onlie for a time, and requefted the Affemblie to lay no greater burthen upon him then he was able to beare. The fuperintendent of Angus and Mernes being removed, it was faid plainlie, that no difci pline was ufed in manie of the kirks of Angus and Mernes : That there was no convention of elders and deacons at kirks for correction of faults ; that he preached not in his vifitations : That being burthened with the vifitation of the north, he might not attend upon the charge allotted to him. The queftion, Whether fuperintendents ought to preache in all the kirks where they did vifite, was referved to be difcuffed at the end of the Affemblie. C] Seffio 2 the laft of Dec. 1563. [Foure women war delated for witchcraft be the fuperintendents of Fyfe and Galloway. The Lords of Privie Counfell war requeifted to take order therein. The complainers war ordained to give in their informations. It was ordained, That everie fuperintendent within his bounds fould caufe a collection to be made for fex brethren taken at Rowan, and detained in the galeys for want of ranfoum. The erle of Glencarne was requefted to concurre with the Superintendent of the Weft to vifite the hofpitall of Glafgow, and confider how the revenues pertaining to the fame ar beftow- ed or poffeffed, that order may be taken for fupport of the poore ; and that they report the fame to the Lords of Privie Counfell and to the Af femblie. Commiffions war renewed for a yeere to Mr Robert Pont, to plant kirks from Neffe to Spey ; to Mr John Hepburn, minifter at Brechin, to plant kirks in Bamf, from Spey to Aithan, comprehending Strabogie land ; to Mr Patrick Coufton, minifter at Seres, to plant kirks from Dee to Aithan. Mr Robert Pont accepted of the commiffion, bot with provifion that he fould not be burthened with the kirks fpeeking the Irifh tongue in the faids bounds. Robert Ramfay was accufed for entering in the miniftrie within the Su perintendent of Angus his bounds, without election or his admiffion, and that he had affirmed there was a mid-way betwixt papiftrie and our reli gion ; that he had borrowed fome money from the town of Ennerneffe upon caution, alledging that he wald buy bookes with the fame, bot did not returne nor pay the fumme : He was fufpended from his miniftrie till farther triell war taken. Commiffion was given to the Superintendent of Fyfe to try him, and he ordained to compeir the 19 of Januarie at Sanct Andrews. C] Anent the determination of the kirk, tuiching Thomas Duncanfone, fchoolemafter and reidar in Striveling, who had committed fornication, and thereafter had made publick repentance, whither he fould be reftored to his office in the kirk or not after his publick repentance, it was ordainit, That he fould abftaine fra the faid office, untill fick tyme as the kirk of Striveling made requeift to the Superintendent for him, and that he fould prefent the faid fiite or requeift in the nixt Generall Affemblie. Attour, 1564, UNIVERSALL KIRK OF SCOTLAND. 45 if the woman was a maiden with whom he had comitted the faid fornica tion, that he fall marie her if fho requyre the famein, in part of fatiffactioun to the kirk. Tuiching the queftion proponit be the Superintendent of Fyfe, anent Alexander Jarden, minifter of Kilfpindie, Inchefture, and Rait, wha had committed fornication with a virgine, and therafter had maried her, and fatiffiet the kirk, whither he fould be admittit againe to the miniftrie or not ; the kirk fufpends the faid Alexander fra all functioun of the miniftrie within the kirk whill the nixt Affemblie, and then to receive anfuer. 46 THE BOOKE OF THE 1564. A. D. M.D.LXIV. The General Affemblie haldin at Edinburgh the 25 of Junij 1564, haldin and begun in the Neither Tolbuith at 4 houres afternoone ; exhortatioun and prayer made be Mr Johne Knox, minifter at Edinburgh. In the whilk were conveinit the Superintendents, Minifters, and Commiffioners of provinces and of kirks. Self. 2a> 26 Junij 1564. The haill Affemblie continewit Mr Willock, moderator of this Affem blie. [The Erie of Glencarne and the Superintendent of the Weft war inquir ed, what they had done in the vifiting of the hofpitall of Glafgow. The Superintendent of the Weft anfwered, He did nothing, for laike of confe rence with the Erie of Glencarne, but promifed to vifite betwixt and the nixt Affemblie, providing the Lords of the Privie Counfell give letters according to the ordinance of the Affemblie. C] The Affemblie requeiftit Mr Robert Montgomerie, minifter at Cowper, to fupport every other Sonday the kirk of Largo whill farther provifioun be made ; and ordainit the fuperintendent of Fyfe to labour with the towne of Couper for licence to the faid Mr Robert for the purpofe forfaid, and to take ordour with the fchoolemafter of Couper to reid and exhort in the kirk of Couper. [The Laird of Lundie and the Superintendent of Lowthiane war ap pointed to requeft the Lords of Secreit Counfell to affift the Affemblie with their prefence and counfell. C] 1564. UNIVERSALL KIRK OF SCOTLAND. 47 Seff. 3a. 27 Junij 1564. [At the requeift of the Erie of Menteith, craving fome minifter under- ftanding the Irifh tongue for Menteith, Johne Ure, minifter of Leu- chars, was tranfplanted, and appointed minifter there. C] Seff. 4a> 28 Junij 1564. The haill Affemblie made, conftitute, and ordainit thir commiffioners underwriten : For Fyffe, the Laird of Lundie and Thomas Scott of Abottif- hall ; for Louthiane, the Lairds of Spot and Elphingftoun ; for the Weft Land, the Lairds of Carnall, Carfe, and Kelwood ; for the South land, the Lairds of Wedderburne and Andro Ker of Faudonfyde ; for Galloway, the Laird of Gairles gounger and Mo . . . ., with Mr George Gordoun ; for Angus, the Proveft of Dundie ; and for the Northland, the Laird of Craig ; that they fall altogether repaire towards the Lords of Secreit Counfell, and ther prefent the articles underwriten, perteinand to reformatioun of maners, punifhment of certaine crymes, maintaining of juftice, and others concerning the univerfall kirk of this realme ; and to reafon thereupon with the faids Lords, and report the anfuers theruntil to this prefent Affemblie. Tenour of the Articles. Firft, that it is thoght good, and als weill conforme to the Acts of Par liament, immediatelie befor the Queens Majefties arrivall, permittit as her Hienes awin ordinance, with confent of the nobilitie decreeit and appoin tit after her Graces arrivall, Chryfts religioun be de novo eftablifhed, rati fied and approved throughout the whole realme ; and that all idolatrie, efpeciall the meffe, be abolifhed over all wher, fo that no uther face of religioun be permittit or thoild to be erected. And for this effect, that the minifters be provydit decentlie with ane affurit appointment, where they fall receive ther livings afweill by gane as to come, and not to live as beggars as prefentlie they doe. And in lyke manner, to defyre, and with all humilitie to requyre, that the tranfgreffours agains the ordinances, afweill from tymes paft as from 48 THE BOOKE OF THE 1564. this tyme foorth, be punifhed according to the faids lawes and ordinances, and efpecially agains them contemnes and comitts inobedience agains the faid lawes in Aberdeen and the Carfe of Gowrie, in Seafield, and in fundrie uther places, as falbe fpecifiet. After the foirfaids articles were notified and declared to my Lords the Erles of Murray, Argyle, Glencarne, and to my Lord Secretar, being prefent and fend be the Queens Hienes to the Affemblie, to know what things was proponit therin, thoght the faids articles as they were conceivit not fo convenient to be proponed as appertained ; and therfor thoght it meit to collect twa heids therof, whilk they themfelves wald propone to the Queens Majeftie, whilk heads followes. And firft, they wold declare to her the good mynds and obedience of them there affemblit. And as tuiching the eftate of religioun, feing it tuichit the faids Lords moft fpeciallie being members of the faid kirk, they wald labour at her Graces hands that the fame might be obfervit according to the ordour eftablifhed at her Hienes arrivell, and doubtit not to obtaine fick gentle anfuer and aggriement of her Majeftie in that behalfe as might fatifffie the faid Affemblie. The other heid tuiching the fuftentatioun of the minifters, the faids Lords in lyke maner promifed to labour at her Hienes hands that they might have appointment of the faids ftipends, and hoped to adrefle her Hienes fo that they fould be reafonablie fatisffiet of ther defyre in that point. Thereafter the faids Lords declarit how they had proponit the faids heids to the Queens Majeftie, and how they were not only accepted be her Hienes in good part, but als gentlie anfuerit and accordit to the performance therof; and therfor the faids Lords promifed in her Majefties name to the haill Affemblie the accomplifhment of the faids defyres, of the whilk they were not in any wayes to doubt ; for if they had been furely perfuadit in their awin hearts that her Hienes had meant utherwayes nor they had declared, her Grace fould have found uther meffingers than they to have lhawin the fame in her Hienes name. Whilk being be them declared, the haill number prefent firft thanked God, and her Majeftie, that ther reafon- able defyres were fo generallie anfwerit ; and for recognofceing of ther awin duetie, defyreit the faids Lords reciprocallie to promife to her Majeftie in ther behalfe all dutifull obedience, love and fubmiffion, whilk 1564, UNIVERSALL KIRK OF SCOTLAND. 49 can be lookit for be any Chriftian Prince, of moft faithful, humble and lov ing fubjects ; promifeing therwithall if any of ther number fould happin to forget the duetie of a good fubject offending her Majeflies lawes, that they all afaldlie wald concurre to the punition of the offendour according to the qualitie of the trefpas, as they fould be comandit, Anent the fatiffieing of pure labourers of the ground againft the un merciful exactioun of ther teinds, John Maxwell Terregleis Knycht friely promifeit that what tyme the fuperintendent of the weft fould refort to ward the parts wher he has any teinds, and fould choofe unto himfelf fax, fevin or aucht of the moft wife and difcreit perfons within the faids bounds wher he hes the faids teynds, and whatfoever the faid fuperintendent and honeft perfons fould advyfe him to doe, alfweill tuiching the intromiffion as prices of teynds, he promifes to fulfil the fame, fo that the poore labour ers fould feile at his hands eafe and fupport within his roumes. In like manner my Lord of Murray was content, and for his teynds within Fyfe nameit the Laird of Lundie,'that fall modifie either money or victualls. Alfo Alexander Bifchop of Galloway promifed to doe how foone the take of his teynds comes in his awin hand and bees run out. The Erie of Monteith, my Lords Lindefay and Ochiltrie, my Lord Secretarie, the Superintendent of Fyfe, the gentillmen in the weft, and among them, the Laird of Kars, and the goodman of Loathein, all of ther awin frie will promifed to doe according as the faid Maifter of Maxwell had promifed. Tuiching the act of Parliament anent tha gleib and manffes, the haill Affemblie requeft Mr James M'Gill Clerk 'Regifter to extract the famein and fubfcryve it, to the effect it may be produceit before the Lords of the Secreit Counfell the morne, or how foone guidlie he may doe the famein, that ordour may be tane theranent for the ludging of the Minifters. [The Superintendent of Angus, the Abbot of Culros, Mr Johne Spence of Condie Advocat, Mr George Buchanan, and Mr Robert Pont, war ap pointed to goe apart, and confider whether it were more expedient that Mr Andrew Simfon fould remain Minifter at Dunning and Cargill, or be removed to Dunbar, according to his own promife made to Dunbar. It was decerned be them that he fould be removed. C] 50 THE BOOKE OF THE 1564. Seff. 5ta> penult. Junij 1564. Anent the caufes of the whole Kirk and jurifdiction therof, the Affem blie appointed thir perfons underwriten ; to wit, The Laird of Dun Su perintendent of Angus and Mernes, Mr John Wynrhame Superintendent of Fyfe, Mr John Spotifwoode Superintendent of Lowthiane, and Mr John Willock Superintendent of the Weft, with the affiftance of Mr John Row, George Hey, Robert Pont, Chriftopher Guidman, Thomas Drum- mond, Johne Knox, Johne Craig, Johne Rutherford, George Buchanan, Robert Hamiltoun, Clement Little, the Lairds of Lundie, Elphingftoun, Carnell, Kers, and Thomas Scott of Abottifhail, and ordained thir foirnamed perfons to conveine the morne after the fermoun, and to reafon and confer anent the faids cauffes and jurifdictioun pertaining to the Kirk, and to report ther opinions againe to the nixt conventioun. Anent the queftion moved, whither a minifter anes lawfullie placed at a kirk, may leave his miniftrie at the faid kirk and paffe to another at his awin pleafure ; it was concludit be the haill Affemblie, that he may na wayes leave the congregation being anes placed, without knowledge of the floke, his fuperintendent or haill kirk, and that the caufe why he wald leave that kirk be confidderit be the Superintendent or haill kirk, whither it be law full or not. The haill Affemblie in ane voyce choofe James M'Kaitney to be Solici- ter for the [actions of the Kirk to be pleaded before the Lords of Secreit Counfell or Seffion ; to proceed with advice and counfell of Mr Thomas Makcalgeane, David Borthwick, and Richard Strong, Advocates. C] Becaus Mr Alexander Jarden minifter of Inchftuire, Kilfpindie and Rait, was in the laft Affemblie fufpendit from all functioun of office within the Kirk, for caufes conteinit in the Second Seffion of the laft Affemblie, to this conventioun, when he fould receive anfuer, whither he fould returne to his office or not ; the haill Kirk, in confideratioun of his marriage and publick fatiffactioun wher the offence was committed, ordainit to make humble requeift to my Lord of Murray to be content that the faid Mr Alexander fould be received againe to his miniftrie in refpect of the pre- miffes, and therafter that the Superintendent of Fyffe fould reftore him againe to his miniftrie as of befor. 1564. UNIVERSALL KIRK OF SCOTLAND. 51 Anent the requeift of Mr Patrick Conftance minifter of Cyres, defyreing the licence to paffe to France and uther countryes, for augmenting of his knowledge, for a tyme, the haill Affemblie in ane voyce diffentit therfra, and ordainit that he fould not paffe out of this country, nor yet leave his congregation wher he travells, without fpecial licence of the haill Kirk, if they fall heirafter think it expedient or neceffarie. [It was appointed that a Requeft fould be prefented to the Queen, for obtaining the gift of the Friers Kirk of Kirkubright, to be holden herafter the Parifh Kirk of Kirkubright. C.J Seff. 6% ult. Junij 1564. [Mr Donald Monro his Commiffion to plant kirks within Roffe was continued for a yeere. Commiffion was given to Mr Knox to vifit the North, and to remaine there fix or feven weeks, becaus the North Parts war deftitute of Superintendents or Commiffioners, for vifiting of their kirks, and overfeeing of minifters, exhorters and readers already placed. Mr George Hay Minifter to the Secreit Counfell was appointed to vifite the kirks of Renfrew, and to remaine there twentie dayes. Mr Craig was ordained to vifite the South parts for a moneth ; and Mr Gudman Minifter at Sanct Andrews to teache in his abfence at Edinburgh. C] Forfameikle as it was complainit be the Commiffioner of Murray upon William Sutherland, perfon and exhorter at the kirk of Moy, that he had not only difobeyit his charge commanding him to marie the woman with whom he befor had committit fornication, but alfo had, in defpyte of the laid commiffioner, ryven his letters of charge therto, and had not obeyit his fumounds chargeing him to compeir to this Generall Affemblie : In confideratioun of this difpytefull ryveing of the Commiffioners letters, and alfo not compeiring to this Affemblie, the Kirk depryves him fra all eccle- fiaftical functioun, and alfo ordaines the cenfure of the kirk to proceid agains him for his contempt. [It was ordained that the Superintendent of Lowthiane fould proceid to cenfures againft Mr Patrick Cockburne, minifter at Haddingtoun, in cafe he reforted not to the General and Synodall Affemblies. C] 52 THE BOOKE OF THE 1564. A. D. M.D.LXIV. The Generall Affemblie of the Kirk gatherit and conveinit at Edin burgh the 25 of December 1564, haldin in the Over Tolbuith therof: In the whilk wer the Superintendents and Minifters pre fent, with the Comiffioners of Shyres and particular Kirks ; the exhortation being made be Johne Knox, minifter of Edinburgh. For efchewing of confufioun, and that every brother fould fpeake in his awin rowme with modeftie, it was thoght good that ane moderator fould be appointed, and fwa with full content of all the brethren prefent, was John Erfkine of Dun, Superintendent of Angus and Mernes, appointed to be moderator for this Affemblie, who acceptit the office upon him. Ordainit that no queftion be proponit be any brother unto the tyme the affaires of the kirk and ordour therof be firft treatit and endit ; and ther- after if any brother have a queftion worthie to be proponit, that the famein be put in wryte and prefentit ; and if the famein requyres haftie refolution, it falbe decydit in this prefent Affemblie, before the end therof, uther- wayes the decifion of the famein falbe referrit to every ane of the Superin tendents within whofe bounds the queftion is proponed, and they and every ane of them, with ane certain number of the minifters as they fall think meit to appoint for affifting to heir the reafoning of the faids quef- tions, and therafter ther reafons to be put in wryte, affirmative or nega tive, whilk every ane of them fall report to the nixt Affemblie. [William Wallace of Carnall, and Andrew Ker of Fadownfide, war fent to the Lords of Secreit Counfell, to requeift their honours to affift the Affemblie with their prefence and counfell. When the Superintendents of Lowthiane and Angus, the Commiffioners of Galloway and Orknay, war removed to be tried, it was proponed be fome of the brethren, that the Commiffioners of Galloway and Orknay fould be demanded, whether in their confciences they judged that they might both dewlie ufe the office of a Superintendent and the office of a Lord of the 1564. UNIVERSALL KIRK OF SCOTLAND. 53 Seffion and Colledge of Juftice. The Superintendent of Fyfe was chal lenged for flacknefs in vifitation of his kirks. He alledged age, evill payment of his ftipend, and a great number of kirks within his bounds, as excufes : howbeit other wife he was diligent. C] The fame day the haill Affemblie caufit to prefent to the Lords of Secreit Counfell the heids and articles following, and requyrit ther honours to obtaine anfuer therof at the Queens Grace, and to fignifie unto them her Majeflies pleafure therintill. Tenour of the Articles. I. The haill Affemblie requyres humblie there honours to fignifie to the Queens Majeftie, that the tranfgreffours of the proclamatiouns paft againft the heirars and fayers of meffe, together with the abufers of the Sacra ments, are now fo common, that it may be greatlie feared that judgements fall fuddenly follow, except remeid be provydit in tyme. II. To requyre payment to minifters of there ftipends for the tyme by paft, according to the promife made, and to let the Affemblie know how the minifters falbe fuftained in tyme to come. III. To requyre Superintendents to be placed wher none are within this realme, viz. in the Mers, Tevedaill, Forreft, Tweddall, and the reft of the deales in the South not provydit ; with Aberdeine, and the uther parts in the North, lykewayes deftitute. IV. To requyre punifhment of fick as hes fteiked the doores of the paroch kirks, and will not oppin the famein to preachers that prefentit themfelves to have preachit the word, fick as Paifiy, Aberdein, and Curry, Duplin, and Aberdagie. V. Humblie to requyre of the Queens Majeftie, what the kirk fall looke for, tuiching provifion of benefices vaikand and to vaik. VI. To crave ane refolutioun and declaratioun of the manffes and gleibs, whither they be fett in few or not, and be what means the minifters fall come to the ufe and poffeffioun therof. VII. The actis tuiching the reparatioun of the kirks to be put to executioun. The anfuer of every ane of the particulars the Generall Affemblie humblie requyres. 54 THE BOOKE OF THE 1564. Seff. &*> haldin the 26 of December 1564. [It was ordained, That the fame perfones who war nominat for elec tion to the fuperintendentfhip of Aberdeen, December 1562, fould now againe be putt in leitts : That Edicts be ferved, and the perfon chofen be inaugurat in the New Kirk of Aberdeen the fecond Sunday of Marche nixt to come ; and that the Superintendents of Angus and Fyfe, with fuch minifters as they fould choofe, be prefent at the faid Inauguration. Becaus it was murmured, that manie ignorant men, and of bad conver- fation, war admitted to be Minifters, Exhorters and Readers ; it was ordain ed, that the Superintendent of Angus fould vifite the kirks in Nithfdaill, Galloway, Carrict, Kyle, Cunninghame and Cliddifdaill ; the Superintend ent of Lowthiane, the kirks of Angus and Merns ; the Superintendent of the West, the kirks of Lowthiane, Merce and Teviotdaill ; Mr Knox, the kirks of Fyfe, Stratherne, Gowrie and Menteith ; and try Minifters, Ex horters and Readers, everie one within the forfaid bounds, refpective, to fufpend for a tyme, or depofe for anie cryme, or ignorance and inabilitie, as they fall find them guiltie or unable ; and for that purpofe that commif- lions be given to everie one of the faid vifitors, and that they report their diligence to the nixt Affemblie in writ. It was ordained, that everie Minifter, Exhorter and Reader, fall have one of the Pfalme Bookes latelie printed in Edinburgh, and ufe the order contained therein in Prayers, Marriage, and miniftration of the Sacra ments. C.J Anent ane fupplicatioun prefentit be Beatrix Livingftoun, tuiching ane promife made to her be Patrick Hardie, to have folemnizat the band of ma- trirnonie with her a long time fince, his wyfe Kathrine Rutherfuird being on lyfe, and no divorcement paft betuixt them ; bearing alfo and make- and mention of ane deereit and decifioun of the faids premiffes, and nullitie therof, given and pronouncit be John Erfkine of Dun, Alexander Guthrie of Halkertoune, Robert Campbell of Kingeancleugh, and Mr Robert Hamil- toun ; for verification wherof the faid Beatrix produceit the faid deereit fubferyved by the forfaids perfones in prefence of John Willock Superin tendent of the West, Chriftopher Guidman, and Mr George Hay, of the dait at Edinburgh the 1 day of July 1563, bearing in effect, that the faid promife made be the faid Patrick to the faid Beatrix on na way might be 1561. UNIVERSALL KIRK OF SCOTLAND. 55 luftainit be the law of the Evangell, and therefor the faid Patrick to be quyte therfra in all tyme eomeing, in reipect of the mariage ftanding be- tuixt him and his wyfe forfaid indiffolvit ; and that the faid promife was not only null in the felfe, but alfo unjuft and unlawful), and that the makers thereof had offendit and was worthie of punifhment at the difcretion of the Kirk. Whilk fupplicatioun being red and confident, the haill Affemblie in ane voyce authorized and allowed the faid deereit pronouncit be the faid brethren, and alfo pronouncit the faid Patrick and Beatrix to be free fra the faid pretendit promife in time eomeing, requyreing [referring ?] that punifh ment for making of the faid promife heirafter to the kirk and difcretioun thereof. Seff. 3»> 27 December 1564. Anent the fupplicatioun prefentit to the Affemblie in name of Paul Methven, and tuiching diverfe petitions therein conteinit, wherewith the Affemblie being rypelie advyfeit, and after long reafoning had therein, with mature deliberation gave ther anfuers as follows. Anent his receiving to repentance &c. the haill Affemblie with ane voyce are content to receive the faid Paul to repentance, alwayes prefentand him- felfe perfonalie befor them, declaring evident fignes of unfained repentance, willing to obey fick injunctiauns as the kirk fall pteafe to appoint him to doe and fulfill. Tuiching his defire to delete his proces out of there bookes, thereto the Kirk can na wayes condifcend, neither think they that fick a petitioun can proceid of the Holie Ghoft, feing David a notable fervant of God efchewed not to write his awin offence to Gods glorie and his awin confulioun. Anent his admiffioun to the miniftrie within the realme, that was thoght no wayes fufferable unto fick tyme as the memorie of his former impietie be more deiply buried, and fome notable kirks within this realme make earneft requeift for his new acceptatioun. In lyke maner the Kirke figni- fies unto him, that his entrie in the miniftrie in the parts of England, he being excommunicat and unreconciled, hes greivouffie offendit them ; as alfo the laft part of his wryting, wher he accufes falie witneffes, wha hes deponit no other thing in effect nor he hes confeffed with his mouth in write. Farther the Affemblie requyrit the brethren to whom the faid Paul 56 THE BOOKE OF THE 1564, writes, that amongs uthers ther anfuers they fignifie unto him, that he may fafelie repaire toward this realme, notwithftanding th'act latelie proclaimed agains adulterers. [Mr Andrew Johnftone" complaining, that the judges deputed to tak cognition of the articles for which his brother Mr William was condemned be the Popifli bifliops, wold not proceed to declaration, whether the faid articles war repugnant to the holie Scripture : The Affemblie decerned the articles not to be hereticall, fo that a godlie interpretation be admitted in everie one of them ; therefore ordained the judges to proceed to the finall decifion of the faid action. Full commiffion was given to the fuperintendent of Fyfe, the bifhop of Galloway, Mr John Row, Mr Chriftopher Gudman, to tak cognition of the mutuall complaints of the proveft and bailiffes of Coupar, upon Mr Robert Montgomrie their minifter, and of his upon them, and to decide therein ; and that their deereit be in readinefs to be fhewed to the vifitor- depute for Fyfe, when he fhall come in thofe parts. C.J Tuiching fick as are relapfe the thrid tyme in any kind of cryhies, fick as fornication or drunkennefs, it is ftatute and ordainit that no particular minifter admitt fick perfones to public repentance, but to fend them to the fuperintendent of the dyocie wher the crymes are committed, with infor mation therof, wha fall give them fick injunctiouns as they think may make the offences to be haldin in horrour ; but chieflie that they compell the offender to fatisfie the kirks wher the offences was made moe dayes nor ane, as the faid fuperintendent fall thinke good. 1565. UNIVERSALL KIRK OF SCOTLAND. 57 A. D. M.D.LXV. The Generall Affemblie conveinit at Edinburgh, in the Nether Tolbuith therof, the 25 day of Junij 1565. In the whilk were prefent the Superintendents, Minifters, and Commiffioners of Shyres and Kirks. The invocatioun of the name of God being made by Johne Willock, Superintendent of the Weft. Firft, For efchewing of confufione in reafoning, the whole brethren prefent with ane confent chufe John Willock, Superintendent of the Weft, to be moderator, who accepted the office. [It was ordained, if anie fuperintendent had anie thing to lay to the charge of anie minifter, exhorter or reader within his bounds, that he prefent the fame in writt this day and the morne ; and ficklyke, if anie perfon had anie thing to lay to the charge of anie fuperintendent. The Superintendent of Lowthiane and Mr Knox gave account of their vifitations, according to the commiffion given to them in the Affemblie immediatlie preceeding. The Superintendents of Angus and of the Weft alleged lawfull impediments which occurred fince the laft Affemblie ; they wer ordained to putt in execution their commiifions againft October. Mr Johne Frude, minifter of Dummenie, and Patrik Craigh, minifter of Ratho, being complained upon for not repairing to Linlithgow, to the exercife of prophecying, excufed themfelves with want of charges, be reafon their ftipends were not duellie payed unto them. Mr Patrik Cockburn being complained upon for obftinat refuting to come to the Synodall and Generall Affemblies, it was ordained that he fould be fum- moned to compeir upon Wedinfday. The Superintendent of Fyfe com plained, that the kirk of Kilmanie, pertaining as a common kirk of H 58 THE BOOKE OF THE 1565. Sanct Salvators Colledge in Sanct Andrews, wanted a preacher ; Mr John Rutherfurde, proveft, and William Ramfay, one of the mafters of the faid colledge, war content to ftand to the decifion of the Superinten dent of Angus, the Superintendent of Fyfe, Chriftopher Gudman and Mr George Buchanan. The parochiners of Tinninghame complained, that they payed their tithes to the new colledge in Sanct Andrews, and wanted not the leffe the miniftrie of the word and miniftration of the facraments : The rector of the univerfitie, and Mr John Douglaffe, mafter of the faid colledge, promifed to fatiffie the complainers. The Superintendent of Fyfe com plained upon William Heriot, reader in Monyvaird, for removing to Strathardaill without licence obtained be him or the parochiners : The Affemblie ordained the Act made Junij 1564 to be putt in execution. The parochiners of Kilconquhar complained upon Mr Alexander Spence, minifter, for not miniftring the communion thefe fix years bypaft : The Superintendent of Fyfe and Chriftopher Gudman were appointed to have a care that the communion fould be miniftred in the faid kirk before Candlemas nixt to come. C.J Seffio 2^= haldin the 26 of Junij 1565. The haill kirk prefent for the tyme humblie requyreit the nobilitie pre fent to be humble filters at her Hienes for the executioun of the law and actis latelie made agains violaters of the Sabboth day, committers of adul terie and fornicatioun, and defyred every fuperintendent to fute for comif- fions to judges within their jurifdictiouns, giveand power to them to execute punifhment agains the comitters of the faids crymes, according to the tenour of the faids lawes and actis. And in lyke manner to requeift her Hienes to caufe thankfull payment be made of the minifters ftipends throughout all this realme. As alfo to complaine to her Grace, that wher of befor the kirk of [Commonnell, C.J in Carrick was affignit for payment of the minifters ftipends in Kyle and Carrick, is now givin be her Hienes to the gong Laird of Skeldoun ; and in lykemaner the parochiners of Dairy fhew that the lands of the kirk was affignit to the minifters of the parochin, and now was givin to the Lord Provand, and to underftand her Grace will heiranent. 1565. UNIVERSALL KIRK OF SCOTLAND. 59 Ordaines for ordouring the articles to be fent to the Queens Majeftie, Johne Erfkine of Dun Superintendent of Angus and Mernes, Johne Willock Superintendent of the Weft, Chriftopher Gudman minifter of St Androes, and Mr Johne Row minifter of St Johnftoun, to conveine after xi houres, and fett them forth and prefent them to the Affemblie this day afternoone ; whilk ordinance the faids perfones obeyit, and pre- fentit the articles to the Affemblie. Tenor of the Articles. Imprimis, That the papifticall and blafphemous meffe, with all papiftrie, and idolatrie, and popes jurifdictiouns, be univerfallie fuppreffed and abolifhed through the haill realme, not only in the fubiects, but alfo in the Queens Majeflies awin perfon, with punifhment agains all perfouns that falbe deprehendit to offend and tranfgrefs the fame ; and that the fincere word of God and his true religioun now prefentlie receivit might be eftablifhed, approved, and ratified throughout the whole realme, alfweill in the Queens Majeflies awin perfon as in the fubiects, without any impediment, and that the peiple be aftricted to refort upon the Son- dayes at leaft unto the prayers and preaching of Gods word, lykeas they were aftricted befor to refort to the idolatrous meffe ; and thir heids to be provydit be act of Parliament with confent of the eftates, and ratification of the Queens Majeftie. Secondlie, that fure provifioun be made for fuftentation of the minifters, as weill for the tyme prefent as for the tyme to come ; and that fuch per fones as are prefentlie admitted to the miniftrie may have there livings affignit to them in the rowmes wher they travel!, or at the leaft nixt adja cent therto, and that they have no occafioun to crave the fame at the hands of any uthers ; and that the benefices now vaikand or hes vaikit fince the moneth of Marche 1558, or that heirafter fall happin to vaike, be dif- poned to qualified and learned perfones, able to preach Gods word, and difcharge the vocation concerning the miniftrie, be the tryall and admiffion of the fuperintendents ; and that no bifhoprick, abbacie, pryorie, deanrie, proveftrie, or any uther benefices havand many kirks annexit therto, be difponit altogither in any time eomeing to any one man, bot at the leaft 60 THE BOOKE OF THE 1565. the kirks therof be feverallie difponit and to feverall perfons, fwa that every man having charge may ferve at his awin kirk according to his voca tioun ; and to this effect that the gleibs and manffes be givin to the mini fters, that they may make refidence at ther kirks, wherthrow they may difcharge ther confcience conforme to ther vocatioun ; and alfo that the kirks may be repaired accordinglie, and that ane law may be made and eftablifhed heirin be Act of Parliament as faid is. Thridlie, That none be permittit to have charge of fchooles, colledges or univerfities, or get privatlie or publicklie to inftruct the gouth, but fuch as falbe tryed be the fuperintendents or vilitors of the church, found found and abill in doctrine, and admittit be them to ther charges. Fourthlie, For fuftentation of the poore, that all lands foundit to hofpi- talitie of old be reftored againe to the fame ufe, and that all lands, anuel- rents or any uther emoluments, pertaining anywayes fometyme to the freirs of whatfumevir ordour, or anuelrents, altarages, obits pertaining to preifts, be applyit to the fuftentatioun of the poore, and uphald of the fchooles in the townes and uthers places wher they lie. Fyftlie, That fick horrible crymes as now abounds in the realme, with out any correction, to the great contempt of God and his holie word, fick as idolatrie, blafpheming of Gods name, manifeft breaking of the Sabboth day, witchcraft, forcerie and inchantment, adulterie, inceft, manifeft whooredome, manteinance of bordellis, murther, Daughter, reife and fpuilgie, with many uther deteftabill crymes, may be feverelie punifhed ; and judges appointit in every province or dyocie for the execution therof, with power to doe the fame, and that be Act of Parliament. Laftly, That fome ordour be devyfit and eftablifhed for the eafe of the poore labourers of the ground, concerning the unreafonable payment of ther teynds, tane over ther heids without ther advyfe and confent. [Walter Lundie of that Ilk, William Cunninghame of Cunninghameheid, William Durham of Grange, George Hume of Spott, James Baron bur- gels of Edinburgh, war appointed to prefent thefe articles to her Hieneffe, and to report ane anfwere before the diffolving of the Affemblie, if they may convenientlie ; if not, to the feffion of Edinburgh, that they may fig nifie the famen to the fuperintendents. Adam, Bifhop of Orknay, Meffrs Johne Craig, Chriftopher Gudman, Johne Row, George Buchanan, and Robert Pont, were ordained to con- veene and fit from fex till eight in the morning, to decide queftions pro- 1565. UNIVERSALL KIRK OF SCOTLAND. 61 poned or to be proponed, and to report their decifion to the Affemblie, that the famen may be infert in the regifter. The Commiffioners appointed to trie the qualification of Johne Lynd mini fter at Irving, reported that he was unfufficient for the charge in that place. Becaus fundrie minifters complaining of none payment of their ftipend defired libertie to remove, and paffe to fuche places deftitute of the word, where they might be reafonablie fuftained be the godlie ; it was ftatute and ordained, That no minifter, exhorter or reader placed prefentlie at anie kirk, fall attempt to remove himfelf till anfwere be receaved againe from the Queens Majeftie to the articles directed to her ; and that therafter none remove himfelf without the advice of the fuperintendent of his diocie, and his licence in writt, under paine of deprivation from his office. C.J The fame day the Lairds of Carnell, Sornbeg and Dreghorne, requeft ing humblie for fupport of a miniftrie for the kirks of Rickartoun and Dundonnald in Kyle, promifit of their awin friewill that they fould pro- vyde ftipends fufficient according as the Kirk wald appoint, and that they fould not remove from ther kirks for feiking payment of the fame ; whilk requeft of thers the haill Kirk praifit, and promifit fatisfactioun of their godlie defyre. Seffio 3a> 27 Junij 1565. Anent the queftion proponit, whither children may contract marriage and marie without confent of ther parents ; and in fpecial whither the pro mife made betuixt Robert Paterfone and Jenat Little, without the confent of her parents, may ftand ; it is found that the faid Robert and Jenat hes not orderlie procedit in the faid promife, in fa farre as they neither obtainit the confent of the parents, nor get the lawfull ordour, repairit to the Kirk of God to lament that caufe, and feik the ordinarie meane thairat be the Word of God appointit ; and therfore the comiffioners appointit by the Kirk for the decifioun of queftiouns, decernis they have not lawfullie pro- ceidit in making the faid promife of mariage ; and they fould of duetie thus have proceidit, firft, to requyre the confent of the parents, whilk being refuilit, then to make ther fute unto the kirk, to concurre with them in ther lawfull proceidings according to the ordour obfervit in Gods word ; and for the offence and unlawfull proceiding by paft to make fatiffactioun 62 THE BOOKE OF THE 1565. to the Kirk, as they falbe appointit thereto. And heirupon ane generall ordour to be fett foorth, as the General Affemblie fall think good, to be obferved in all particular kirks in all tyme eomeing. . This was fub- fcryvit be the Commiffioners underwriten : Meffrs. John Dowglas rector of the Univerfitie of St. Androes, Chriftopher Gudman, George Buchanan, John Craig minifter, John Row, Robert Pont. Ane uther queftioun, whither if a learned man having a benefice givin in Papiftrie, or lately fen the word hes bein preached in this realme, may leave the parochin wher he is perfon, deftitute of preaching of the word, and enter minifter to ferve in another place for larger ftipend. The foir- faids commiffioners concludit, as followes : It is thought aggrieable to the word of God, that no faithfull preacher of Gods Word may enjoy ane be nefice or living pertaining to the Kirk, except he remaine at the faid Kirk to difcharge his office for the whilk he receivit the faid benefice : And that if he be tranfported be the kirk or fuperintendent to any uther place, whereby he may not difcharge his duetie in baith, that he be depryvit of the ane, and it be to be befldwit upon another ; provyding allwayes the foirfaid perfon be fufficiently anfwerit of his ftipend. Ane other queftioun, whither if a man abufeing his coufignes, his fathers brothers daughter, fevin geirs, and begottin children, and prefentlie wald marie her, and underly correctioun, may marie or not. The degries are fecond of confanguinitie. Thogh this be not found contrair to the Word of God, get becaufe it hes bein publicklie reveilit in this realme, and that diverfe inconvenients are perceivit to enfeu of this liberty ; thinks it good, that it be offered to the civill magiftrate, or els to ane parliament, for ordour to be taken therein ; in the mean time, that men take not libertie to themfelves according to there flefchly filthie affectiouns ; notheles that the perfones, in whofe name this queftion was proponit, be joynit in marriage after there public repent ance for the offences bygane, without any hope that uthers have the like licence, whill farther ordour be tane be the civil magiftrat, as faid is. Anent the complaint givin in be the Superintendent of Fyfe, for the want of a preacher at the Kirk of Kilmany, pertaining as ane comoun kirk to St. Salvators Colledge in St. Androes, Mr John Rutherfuird Proveft, and Mr William Ramfay ane of the minifters, was content that the Superintendent of Angus and Fyfe, Mr Chriftopher Gudman and Mr George Buchanan, lliould confider this complaint, and whatfoever they decydit therein and 1565. UNIVERSALL KIRK OF SCOTLAND. 63 ordainit to be done, they fhould fulfill the fame in fick fort that no com plaint fould be heard heirafter. Ane complaint' was given in be the parochiners of Tinninghame, who payes ther teinds to the New Colledge of St Androes, and hes no preaching nor miniflratioun of the facraments, Mr John Dowglas rector of the Uni- verfitie and mafter of the faid Colledge promifed to the kirk to satiffie the faids complainers reafonablie, that heirafter the kirk fall not be troublit with farder complaint. [Tuiching the requeift of the Commiffars of Edinburgh, that everie Minifter or Reader fould have a regifter of the names' of the deceafed of the place where they dwell, the day of the moneth and yeere, and deliver the copie thereof to the procutor fifcall, that pupills and creditors be not defrauded : It was anfwered, they could not lay fuche a charge upon their brethren, in refpect none or few of the Miniftrie had manfes and gleebes to make refidence in ; bot how foone they obtained their manfes, they fould exhort them, as they falbe required, to doe conforme to the faid Re- queft. C] Seffio 4*a» 28 Junij 1565. Anent the complaint givin in be Mr Donald, Monro, againft Mr John Robertfone, thefawrer of Ros, minifter of Urquhart, and Johne Watfon, minifter of Alves, That wher they both accepted the miniftrie on them, and receivit ther ftipends therfor, and now hes left ther vocation, requyrit the kirk to take ordour heirin : The haill Affemblie ordainit the faids perfons to repaire towards there charges in the miniftrie, and enter againe therto incontinent after they be chargeit, under the paine of diffobedience of the kirk, and difchargeing of ther allowance and ftipends. [Mr Robert Pont commiffioner of Murrey, was appointed to trie, if Williame Roffe, Donald Adamfone, John Murquhoufone, and Alexander More, were worthie to be admitted be Mr Donald Monro as exhorters, to baptize and folemnize mariage. Commiffion was given to Mr George Hay, parfon of Ruthven, to vifite kirks, fchooles and colledges from Dee to Spey, to plant, remove fim- pliciter, or for a feafon, minifters ; to eradicate idolatrie, &c. till a Super intendent be admitted in the North, or at leaft till nixt Generall Affemblie. 61. THE BOOKE OF THE 1565. The Superintendent of the Weft was enjoyned to vifite the kirks be twixt Ure and Neth, as he doeth other kirks within his jurifdiction of Glafgow, becaus thefe kirks pertained to that diocie of old ; yitt the bounds of Superintendents charge was not conforme to the limits of the old diocies, for the diocie of Sanct Andrews was divided, and all the countrie dailes belonging to Glafgow of old. C] The haill Affemblie with ane voyce and mynd choofe Johne Knox, minifter of Edinbrugh, to receive the anfuers of articles fend from the Affemblie be the commiffioners therof to the Q. Majeftie, and to advertife the fuperintendents of the fame ; and alfe that he advertife the faithfull of things neceffar that fall happin betwixt this and the nixt Affemblie. Thanks beand givin to God be John Willock Superintendent of the Weft, and the 25 of December nixt to come appointit for the nixt Affem blie to convein in Edinburgh, this Affemblie was diffolved. 1565. UNIVERSALL KIRK OF SCOTLAND. 65 A.D. M.D.LXV. The Generall Affemblie of the kirk, haldin in Edinburgh in the Ovir Tolbuith therof, the 25 of December 1565. In the whilk were prefent the Superintendents, Minifters, Exhorters, and Commif fioners of townes and kirks. The invocatioun of the name of God was made be John Knox, minifter of Edinburgh. Seffio lma- Firft, for efchewing of confufioun in reafoning, and that every brother fpeak in his rowme with fick modeftie as becomes the minifters of Gods word to doe, with the whole confent of the brethren prefent, was chofen Johne Erfkine of Dun, knyght, Superintendent of Mernes and Angus, to be moderator at this tyme, whoacceptit the office on him. [The fuperintendents of Louthian and Fife excufed their flacknefs in vifitation be the abfence of the people following the Queen according to the proclamation. The Superintendent of Angus confeffed, that he had not vifited any kirk for two moneths bypaft ; but alledged withall, that his vifitations could not be very profitable, in refpect it behoved him to lodge in time of vifitation with his friends for the moft part, who had moft need of correction and difcipline ; therefor he befought the Affemblie to provide fome other to that office. Alexander, Commiffioner of Galloway, excufed his not vifiting, with the building of his nephews houfe. Tuiching minifters, exhorters, or readers difobeying their fuperinten dent ; the Affemblie ordained the fuperintendent to call the difobedient before himfelf and fome of the neereft difcreit minifters ; and if being convict of difobedience, he refufe to fatiffie according to their injunctions, that he be fufpended from his miniftrie and ftipend till the nixt Affemblie : At the which the fuperintendent fhall notifie the whole proceeding, that 66 THE BOOKE OF THE 1565. be their cenfure he may be farder corrected, or els reftored to his former eftate, according to the evidence of his repentance ; provided his kirk be provided for in the meanetime be the fuperintendent. Sir John Bellenden of Achinoull knight, Jultice-Clerk, Mr James Mak- gill of Rankeillour, Mr John Row, John Craig, William Chriftefone, David Lindfay, minifters, and David Forreft, were appointed to conveen upon Wednefday, to decide queftions proponed, and to report their de- cifions. C] The fuperintendent of Lowthiane complainit upon Mr Johne Frude, minifter of Dumemanie, that wherin the laft Generall Affemblie of the kirk it was decernit that Robert Paterfone and Jenat Litell fould have fatiffied the kirk of Edinburgh, for the offence committed be them in contracting mariage without parents counfell, get nevertheles the faid Mr John had perfwadit them to folemnize the faid mariage, ther bands not being proclaimit, and na fatiffactioun made to the kirk of Edinburgh ; and alfo had caulit Mr Patrick Creich minifter of Ratho to folemnize the faid mariage betwixt the faid parties in the kirk of Dumemanie, in great contemptioun of the deereit foirfaid, and all good ordour heirtofoir obfer- vit in the reformit kirk ; defyreing the kirk publicklie affemblit to take ordour herein, afweill anent the faids parties as the faids twa minifters. The kirk ordainit to call both the faids parties and minifters to anfuer to the faid complaint, betuixt this and the end of the Affemblie. In lyke maner, Mr Johne Winram complainit upon the faid Mr Johne Frude, that by his counfell and perfwafion the Ladie Kilconquhar and Johne Weymis had contractit mariage [per] verba de prefenti, notwith ftanding that ane woman, called Elizabeth Pot, had claimed the faid Johne Weymes before the fuperintendent, whilk clame was not get juftified ; and that Mr Andro Kirkadie had maried the faids perfouns, after the minifter was departed out of the kirk where they were maried. Ordained in like manner to anfwer to this complaint. The haill Affemblie appointit Mr Johne Row at St Johnftoun to put in wryte anfwers to the anfwers givin be the Queens Majeftie to the Articles prefentit to her Hienes be the Commiffioners of the laft Affemblie of the Kirk, becaufe her Hienes anfuers fatiffied not fullie the Kirk, as in the famein plainly appeareth ; and the faid Mr Johne to prefent them the morne after the preaching to the Affemblie, to advyfe therwith, befor ther prefent- ing to her Grace. 1565. UNIVERSALL KIRK OF SCOTLAND. 67 Followes the anfuer givin be the Queens Majeftie to the Articles prefentit to her Grace be the Commiffioners of the Affemblie laft haldin the 25 of Junij 1565, and als anfuers and requeifts to thefe anfuers now conceivit in this Affemblie. The Queens Majeflies Anfuer. To the firft, defyreing the meffe to be fuppreft and abolifht, alfweill as in the head as in the members, with the punifhment agains the contravein- ers ; as alfo the religioun now profeffit to be eftablifhit be ane act of Par liament : It is anfuerit firft, for the part of her Majeflies felfe, that her Hienes is nawayes get perfuadit in the faid religioun, nor get that any im- pietie is in the Meffe, and therefor believes that her loving fubjects will no wayes preafe her to receive any religioun agains her awin confcience, whilk fould bring her to perpetuall trouble be remorfe of confcience, and ther- with ane perpetuall unquyetnes. And to deall plainly with her fubjects, her Majeftie neither may nor will leave the religioun wherin fcho hes bein nourifhit and upbrocht, and beleives the famein to be weill groundit ; know ing, befydes the grudge of confcience, if fcho fould receive any change in her awin religioun, that flio fould tyne the freindfhip of the King of France, the ancient allya of this realme, and of other great princes her friends and confederates, who wold take the famein in evil pairt, and of whom fcho may looke for great fupport in all her neceffities. And having no confideration that may counterwey the fame, fho wilbe laith to put in hazard the lofe of all her freinds in ane inftant ; praying all her loving fubjects, feeing they have had experience of her goodnefs, that fcho neither hes in tymes by paft not get meanes heirafter to preafe the confcience of any man, but that they may worfhip God in fick fort as they are perfuadit to be beft, that they alfo will not preafe her to offend her awin confcience. As for eftablifhing of religioun in the body of the realme, they themfelves knowe, as appeirs weill be ther Articles, that the fame cannot be done be only aflent of her Majeftie, but requyres neceffarlie the confent of the thrie eftates in Parliament ; and therfor fa foone as the Parliament holds, that whilk the thrie Eftates aggries upon among themfelves, her Majeftie fall grant the fame to them, and allwayes make them fure that no man 68 THE BOOKE OF THE 1565, falbe troublit for uiing themfelves in religioun according to ther confcience, fo that no man fall have caufe to doubt that for religiouns fake mens lyves or heiritages falbe in hazard. To the fecond article it is anfuerit, that her Majeftie thinks it no wayes reafonable that fcho fould defraude her felfe of fa great a pairt of the pa- trimonie of her crowne, as to put the patronage of benefices furth of her awin hands ; for her awin neceffitie in bearing of her port and commoun charges will requyre the retentioun of ane good part in her awin hands. Nottheles her Majeftie is well pleafed, that confideration being had of her awin neceffitie, and what may be fufficient for her, and for the reafonable fuftentatioun of the minifters, ane fpeciall affignation be made to them in places moft comodious to intromett therwith ; the whilk her Majeftie fall not intromett with, bot fuffer the famein to come to them. To the thrid Article, her Majeftie fall doe therein as falbe aggreeit be the Eftates in Parliament. To the fourth Article, her Majeflies liberalitie towards the poore falbe alwayes als farre extendit as can be reafonablie requyrit at her hands. To the fyfth Article, her Majeftie will referre the takeing ordour with th at, andals of the faxt Article, to the Parliament. The anfuers of the Kirk to thir above wrytin followes. Firft, where Her Majeftie anfuers that fcho is not perfwadit in reli gioun, neither that fcho underftands any impietie in the Meffe, bot that the famein is well groundit. That is no fmall greife to the chriitian hearts of her godlie fubjects, confidering that the trumpet of Chryfts evangell hes bein fo long blown in this countrey, and his mercie fo plainly offerit in the fame, that her Majeftie remains get unperfuadit of the truth of this our religioun ; for our religioun is nocht els bot the fame religioun whilk Jefus Chryft hes in the laft dayes reveilit from the bofome of his Father, whereof he made his Apoftles meffingers, and they preachit and eftablifchit among his faithfull, to the gaine eomeing of our Lord Jefus Chryft ; whilk differs from the impietie of the Turkes, the blafphemie of 1565. UNIVERSALL KIRK OF SCOTLAND. 69 the Jewes, the vaine fuperftitioun of the Papifts, in this, that our religioun hes only God the Father, his only Sonne Jefus Chryft our Lord, his Holie Spirit fpeikand in his Prophets and Apoftles for authors therof, and ther doctrine and practife for the ground of the fame ; the whilk no uther reli gioun upon the face of the earth can juftlie alledge or plainly prove ; gea, whatfomevir affureance the Papifts hes for manteinance of ther religioun, the fame hes the Turkes for manteinance of ther Alcoran ; and the Jewes farre greater for defence of ther ceremonies, whether it be antiquitie of tyme, confent of peiple, authoritie of [counfells,] great number or multitude confenting together, or any other fick lyke cloakes they can pretend ; and therefor, as we are dolorous that Her Majeftie in this our religioun is not perfuaded, fo moft reverentlie we requyre in the name of the Eternal God, that her Hienes wald imbrace the means wherby fcho may be perfwadit of the trueth ; whilk prefentlie we offer unto Her Grace as weill be preaching of his Word, whilk is the chiefe means appointit be God to perfwade all his chofen children of his infallible veritie, as be publick difputation agains the adverfares of this our religioun, deceivers of her Majeftie, whenfoevir it falbe thoght expedient to her Grace. And as to the impietie of the Meffe we darre be bold to affirme, that in that Idole ther is great impietie ; from the beginning to the ending, it is nothing els bot ane maffe of impietie ; the author or fayer, the actioun itfelfe, the opinioun thereof conceivit, the heir- ars and gazers upon it allowes facriledge, pronounces blafphemie, and co mitts moft abominable idolatrie, as we have evir offerit and get offer our- felves moft manifeftlie to prove. And wher her Majeftie efteims that the change of religion fould diffolve the confederacie and allyance that fho hes with the King of France and uthers princes : Affuredly Chrifts true religion is the undoubtit meane to knitt up fure true confederacie and friendfhip with him that is King of all kings, and him who hes the hearts of all princes into his hands ; whilk ought to be more precious to her Majeftie nor the confederacie of all the princes ; without the whilk, neither confederacie thereof nor kindnefs can indure. Concerning her Majeflies anfwer to the fecond article, wheras fcho thinks it no wayes reafonable to defraude her felfe of the patronage of the benefices, whilk her Majeftie efteimes to be ane portion of her patrimonie, and that her Majeftie is myndit to retaine a good part of the benefices in her awin hands to fupport the comoun charges. 7° THE BOOKE OF THE 1565. As to the firft point, [our mind is not], that her Majeftie or anie uther patron of this realme fould be defrauded of ther juft patronages ; bot we meane whenfoevir her Majeftie or any uther patron does prefent any perfon to a benefice, that the perfon prefentit fould be tryit and examineit be the judgement of learned men of the kirk, fick as prefentlie are the fuperintendents appointed therto. And as the prefentation of benefices pertaines to the patrone, fa aucht the collatioun therof be law and reafon pertaine to the kirk ; of the whilk collatioun the kirk fould not be defrau- dit, more nor the patrones of ther prefentation ; for utherwayes, if it falbe leifum to the patrone abfolutely to prefent whomever they pleafe, without tryall or examination, what then can abyde in the kirk of God bot meere -ignorance without all ordour. As to the fecond point, concerning the retentioun of a good part of the benefices in her Majeflies awin hands : this point aberreth fo farre from good confcience, alfweill of Gods law as fra the publick ordour of our comoun lawes, that we are loath to opin up the ground of the matter be any long circumftances ; and therfor we moft reverently wifh that her Majeftie wold confidder the matter with herfelfe and her wife counfell, that howfoevir the patronage of benefices may appertaine to hir felfe, get the retentioun therof in her awin hands, undifponit to qualified perfouns, is both ungodlie and als contrair to all publick ordour, and brings no fmall confufioun to the poore foules of the comoun peiple, who by this means fould be inftructit of their falvation. And wher her Majeftie concludes in her fecond anfuer, that fcho is content that ane fufficient and reafonable fuftentatioun of the minifters be provydit to them, be affignatiouns in places moft comodious to them, confideratioun beand had of her awin neceffitie ; as we are defyre- ous altogether that her Graces neceffitie fould be releivit, fo our duetie craves that we fould notifie to her Grace the true ordour that fould be ob- fervit to her in this behalfe, whilk is this : The teyndis are properlie reputit to be the patrimonie of the kirk, upon the whilks befor all things they that travells in the miniftrie therof, and the poore indigent members of Chryft, aucht to be fuftainit, the kirks alfo repairit, and the gouth brocht up in good lettres. Whilks things beeand done, then uther neceffitie reafonable might be fupported, according as her Grace and her godlie counfell could think ex pedient. All wayes, we cannot but thank her Majeftie moft reverently, of her liberall offer of affignatioun to be.made to the minifters for therfuften- tation, whilk not theles isfo generallie conceivit, that without more fpeciall 1565. UNIVERSALL KIRK OF SCOTLAND. 71 condefcending upon the particulars therof, no executioun is able to follow therupon. And fo to conclude with her Majeftie at this prefent, we defyre moft earneftlie the faids minifters articles to be reformit ; befeikand God, that as they are reafonable and godlie, fo her Graces heart, and the eftates prefentlie conveinit, may be inclynit and perfuadit to the performance therof. Seff. 2a- 26 December 1565. Anent the generall complaint of the minifters, exhorters and reidars, for wanting of their ftipends, and as touching them that hes put violent hand in minifters for reproveing of vyce, the haill Affemblie ordainit ane gene rall fupplicatioun to be prefentit to her Majeftie and counfell ; and als re- queiftit the Lord Lindefay, and David Murray, brother to the Laird of Balvaird, to prefent the fame, and to report the anfuer againe to the Af femblie. The tenour of the fupplication followes. Unto gour Majeftie and moft honourable counfell, humblie meanes and complaines, We gour Graces moft obedient fubiects, the confeffors of Chryft Jefus, and his holie evangell within this realme, in name and be halfe of our minifters, exhorters and reidars ; that wher oft and divers tymes promife hes bein made to us, that our faids brethren, travelers and preachers in the kirk of God, fould not be defraudit of their appointit fti pends, neither get in any wayes fould be moleftit in their functioun ; get nottheles univerfallie they want ther ftipends appointit for diverfe tymes by paft ; violent hands are puttin in fome for no uther caufe, as they alledge, but for reproving of vyce ; and none knowes what affureance he fall have of any reafonable lyfe in tyme to come. Our moft humble re queift is therfor unto gour Majeftie, that our minifters may be payed of ther by gane ftipends ; that fick as hes receivit affignatioun therof from the former collectors, may have executioun of ther affignatiouns ; that gour Grace pleafes to appoint the affignatioun promifed into gour Hienes laft anfuers to the petitiouns of the kirk, fo that we may know be what meanes our faid minifters may be fuftainit in tyme to come ; and finally, how they may five without moleftatioun of wicked men : And gour Graces anfuer we moft humblie befeik. 72 THE BOOKE OF THE 1565. Anent the queftion, whither any might marie his wyfes brother daugh ter, or his wyfes fifter daughter, and what ordour fould be tane if any fick mariages be made, it was votit and found be the word of God, that none may marie his wyfes brother or fifter daughter, and if any fiich ma riages was contracted, the famein to be null and aught not to ftand. Perfons revolting from the profeffioun of the gofpell, by offering ther children to be baptized after the papifticall maner, or receiving themfelves the facrament of the altar, after admonitioun, to be excommunicat if re pentance intervein not, &c. [The Commiffioners of Sanct Andrews requefted that Mr Knox might be tranfplanted and placed in Sanct Andrews, which was refufed. The Affemblie willed them to choice one out of their own univerfitie, in place of Chriftopher Gudman, who latelie departed into England. C] Seff. 3a- 27 December 1565. Anent the complaint givin in be the Superintendent of Lowthiane aganis Mr Patrick Creiche, minilter of Ratho, for the marieing of Robert Paterfone and Janet Littell in Dumanie kirk, neither the bands being pro- claimit, nor get fatiffactioun made to the Kirk of Edinburgh, according to the tenour of the deereit of the laft Affemblie : The faid Mr Patrick grantit publicklie that he had offendit, and fubmittit himfelfe to the cor- rectioun of the kirk. Therfor be the haill Affemblie he was ordainit to fatiffie the kirk of Edinburgh, upon two feverall fondayis, be his awin opin confeffioun, when the faid Kirk of Edinburgh fall requyre him ; and the thrid fonday, to fatiffie the Kirk of Dumdanie, wher the offence was committed ; fufpending for this prefent all farder correctioun, in hope of his better bearing in tymes to come. The haill Affemblie in ane voyce flatutes and ordaines, that no minifter heirafter receive the parochiners of ane other paroch to be maried, without a fufficient teftimoniall of the minifter of the paroch wherfra they came, that the bands are lawfullie proclaimit, and na impediment found ; fua that the ordour that hes bein tane be the kirk in fick affaires be dewlie obfervit, under the paine of deprivatioun fra his miniftrie, tinfell of his ftipend, and uthers paines, as the Generall Kirk fall heirafter thinke to be injoynit. 1565. UNIVERSALL KIRK OF SCOTLAND. 73 Anent the complaint givin in be the Superintendent of Fyfe agains John Melvill, minifter of Craill, alledging the faid John to preceid to the folem- nizatioun of mariage betuixt Robert Arnot and Euphame Corftarphin, notwithftanding that ane uther woman claims the faid Robert ; the haill kirk affemblit, ordainit ane inhibitioun to paffe agains the faid Johne, that he in no wayes folemnize the faid mariage untill fick tyme as Mr John Dowglas, rector of the Univerfitie, and Mr James Wilkie regent, heare the complaints to be givin in be the faid fuperintendent, and alfe any uther partie haveand entreffe, and the fame to be difcuffit be them ; give- and power to them to give foorth fentence according to Gods word, and to ufe the cenfures of the kirk agains the diffobeyars. Seff. 4ta> 28 December 1565. [The Affemblie gave commiffion to Mr John Row, minifter of Sanct Johnfton, to vifite kirks, fchools, colledges, to remove or fufpend minifters, exhorters, readers, in Kyle, Carrick, and Cuninghame, as they fhall be found offenfive or unable, to eradicat idolatrie, &c. and the Superinten dents of Angus and Fife to fupply his place in his abfence alternatim. Mr Knox was appointed to penn a comfortable letter, in name of the Affemblie, to encourage minifters, exhorters, readers, to continue in their vocation, which in all likelihood they were to leave off, for lack of pay ment of ftipends ; and to exhort the profeffors within the realm to fupply their neceffities. He was appointed likewife to vifite, preach, and plant kirks in the South, where there was not a fuperintendent, and to remain fo long as occafion might fuffer. C] Mafter Johne Frude, minifter of Dumemanie, is ordained to fatiffie, as is befor fett downe in the thrid feffioun anent Mr Patrick Creich, for his offence fpecified in the act of the firft feffioun ; fufpendand the faid Mr Johne fra all functioun in the miniftrie in the meantime, whill the com- pleiting of the faid fatiffactioun, and therafter to returne to his vocatioun and miniftrie. [The brethren appointed in the firft feffion to decide queftions, reported the queftions and decifions to this feffion. C.J It was afkit, if it be lawfull that a minifter, what title or honour that ever he beare, receiving fuflicient benefite and provifioun of his flocke, may leave them, and make his comoun refidence in uther places, fo that his K 74 THE BOOKE OF THE 1565. flocke is deftitute alfweill of his doctrine and miniftrie, as of other comfort that the flocke fould receive of ane faithfull paftour, notwithftanding that worldlie reafons may feime to excufe the abfence of fome ? The anfuer No minifter of the evangell of Jefus Chrift, nor no perfon receiving fufficient living for the preaching of the evangell, may with fafe confcience leave his vocatioun, together with his flocke, and the place ap pointit for his ordinarie refidence, what permiffione and overfight that ever he hes be corruptioun of tymes, or negligence of rulers, fa to doe. If fick as hes once entrit in the miniftrie, bein appointit be the fuperin tendent, and receivit of the peiple, may leave ther vocatioun and follow the world, becaufe they cannot have a fufficient ftipend ? The anfuer. — Seing that our mafter Chryft Jefus pronounces that he is but ane mercenarie fhepheard, who feiing the wolfe eomeing, flieth for his awin fafeguard, and that the very danger of lyfe cannot be ane fufficient excufe for fick as fall back from Jefus Chryft ; We on na wayes thinks it lawfull that fick as once puts there hand to the plough, fall leave that heavinlie vocation and returne to the profane world, for indigence or po- vertie. Lawfullie they may leave ane unthankfull peiple, and feik wher Jefus Chryft his holy evangell may bring foorth greater fruit ; but law fullie they may never change their vocatioun. [Their judgement concerning marreage contracted without confent of parents, was referred to farder advifement ; the order prefcribed be the Affemblie to Robert Paterfon and Janet Littill excepted. C] If knowin murtherers, with convict adulterers, together with fick as comitt [the like] horrible crymes, may not, upon the notoritie of ther fault, be denunceit excommunicat, for declaratioun that the kirk abhorres fick impietie, &c. ? Anfuer. — The kirk may and aught to purge her felfe of fick notorious malefactors, provyding that the offenders be lawfullie callit, and convict either be ther awin confeffioun or witnes. The ordour to call them for the flander (for civill things we remit to the civile magiftrate) we judge to be this : Whenfoever fick fearfull crymes are comittit, if it be in the country, the minifter, reidar, or exhorter of that place, or if ther be nane, the minifter of the place nixt adjacent, aught to give fignificatioun of the fact to the fuperintendent of that dyocie, who without delay ought to direct his fumounds, chargeing the perfons flanderit to compeir before him at a certaine day and place. 1565. UNIVERSALL KIRK OF SCOTLAND. 75 Or, if it be done in townes wher ordour is eftablifhed, the feffioun therof aught to call the accufit offenders, who, if they compeir, and either alledge juft defence, or fhew themfelves unfainedly penitent, then man the fuperintendent, and kirks reformed without the fuperintendent, difpenfe fomewhat with the rigor of the punifhment, fecluding onlie the offender fra participatioun of the facraments till farder tryall of his repentance, and that baith ther diligence and fentence be publicklie pronounceit in the kirk wher the offence is knowin. Bot if the offender be ftubborne, as if he compeir not or fhew himfelfe litle touchit with his offence, then aught the fuperintendent, with advyce of the nixt reformit kirk, to difcerne him or them to be fecludit from all participatioun of oomunioun with the faithfull members of Jefus Chryft, and to be givin to Satan to the deftructioun of the flefch, whois flaves, (be impietie committit, and impenitencie fhawin), they declare themfelves to be ; and ther fentence to be publifhit in all places wher the offence is knowin. If the perfons fecludit from the facraments be negligent in feiking reconcjliatioun with the kirk, behave themfelves infolentlie or utherwayes then it becomes penitent perfons, the kirk, after admoni- tioun, may proceid to the uttermoft ; for wanton behaviour, after iniquitie comittit, is ane plaine argument of impenitency ; and negligencie to feik reconciliatioun, declares that contempt lurkes in the heart. If baptifme be adminiftrat be ane papift preift, or in the papifticall maner, falbe reiterat. When fick children comes to geirs of underftanding, they fould be in- ftructit in the doctrine of falvatioun ; the corruption of the papiftrie muft be declared to them, whilk they muft publicklie damne befor they be ad mittit to the Lords Table, whilks if they doe, there neids not the externall figne to be reiterat, for no papifts minifters baptifme without watter, and fome forme of word, whilk are the principalis of the externall figne. We ourfelves were baptized be papifts whofe corruptiouns and abufes now we damne, cleaving only to the fimple ordinance of Jefus Chryft, and to the vertue of the Holy Spirit, whilk makes baptifme to work in us the proper effeels therof, without any reiteratioun of the externall figne. If fuch chil dren come never to the knowledge of the true doctrine, they are to be left to the judgement of God. What ordour ought to be ufit agains fick as oppreffis children ? As concerning punifhment, the civile magiftrate aught therein to dif- 76 THE BOOKE OF THE 1565. cerne ; as touching the flander, the perfons aught to be fecludit from par ticipatioun of the Sacraments, whill they have fatiffied the kirk as they falbe comandit. What punifhment falbe ufit agains them that ly in fornicatioun, under promife of mariage, whilk they deferre to folemnizat, and to fatiffie be publick repentance for the flander givin? Alfweill the man as the woman, fould publicklie in the place of repentance lykewayes fatiffie on ane Sonday befor they be maried. [Mr John Craig, one of the minifters of Edinburgh, Mr John Douglas rector of the Univerfitie of Sanct Andrews, Mr Robert Maitland deane of Aberdein, William Chriftiefone minifter at Dundie, Mr David Lind fay minifter at Leith, Mr Gilbert Garden minifter at Moniefuth, Mr Thomas Mackcalgean, and Mr John Marjoribankes, commiffioners for Edinburgh, were appointed, in the third feffion, to collect the heads and caufes of the publick faft : They returned in this feffion, and declared the neceffitie of a publict faft at this time ; therfor the Affemblie, with ane voice, ordained Mr Knox and Mr Craig minifters at Edinburgh, to fet out the form therof, with the exercife to be ufed in the fame, and to caufe Robert Likprevick print it. C.J 1566. UNIVERSALL KIRK OF SCOTLAND. 77 A. D. M.D.LXVI. The General Affemblie of the kirk, haldin in Edinburgh, within the counfell houfe therof, the 25 day of Junij 1566. In the whilk were prefent Erles, Lords, Barons of the Privie Counfell, viz. Erie of Huntlie, chancellar, and Erie of Argyle, Alexander of Galloway, Adam of Orknay, ane of the feffioun, Johne, commen- dator of Lindoiris, Johne Balfour of Pettindreich, knycht, with the Superintendents, Minifters, and Commiffioners for townes and particular kirks. The invocatioun of the name of God made be Mr John Craig, minifter of Edinburgh. Firft, for efchewing confufioun in reafoning, and to the effect that every brother fpeake with fick modeftie and meafure as becomes the minifters of Gods word to doe, with the aflent of the whole Affemblie, Johne Erfkine of Dun, knycht, Superintendent of Angus and Mernes, was continuat mo derator, who was content for the prefent to ufe the office. [In the tryall of fuperintendents, the Superintendent of Fife confeffed his own inabilitie to difcharge the office, and defired the Affemblie to denude him of it. Mr Johne Douglas rector of the Univerfitie of Sanct Andrews, Mr George Hay minifter of Ruthven, Mr George Buchanan, Mr Robert Pont and Mr Robert Hamiltoun, were appointed to fit apart at fet times, to receave and decide queftions, and to report the decifions to the Affemblie. C.J Ordaines that fome of the brethren, in name of the haill kirk, make fupplicatioun to the Secreit Counfell and Seffioun of Juftice, that no excom- municat perfon have any proces befor their honours unto the tyme they be reconcileit to the kirk, cheiflie when it is notour and objectit agains. Anent the fupplicatioun prefentit be this Affemblie, in name of Robert, comendator of Hafierudehoufe, fhawand in effect how it was not unknawin 78 THE BOOKE OF THE 1566. to there wifdoms, that he had diverfe godlie and learned men of his awin place of Halyrudehous, fick as Alexander Forrefter and Peter Blackwood, who are men of good converfation and literature, were received and ad mittit be the kirk in the miniftrie, and how he had diverfe kirks pertaining to the faid kirk, as the kirks of Tranent and St Cuthbert, and alledgit that moft decent and convenient it were that his faids kirks fould be fervit be the fervants of the faid abbay : Heirfor requeiftit moft earneftlie that the kirk prefentlie affemblit fould tranfport Mr Thomas Cranftoun and William Harlaw, now minifters of his faids kirks, and place them at fome uther kirk as fould be thoght good be the haill Affemblie to appoint them, and to place his faids fervants at his faids kirks as minifters, there to be fervit be them in tyme eomeing, as in the faid requeift at lenth was conteinit. The kirk having rypelie conlidderit the faid fupplicatioun, and advyfeit therupon, caufit call befor them fome of the elders of the faids parochines, and diligentlie inquyred if they had any fault to lay againft there minifters, or if they wald be content that they fould be tranfportit fra them ? Anfuer was givin, that they had no cryme nor fault to there minifters, but that they were better contentit with them then they wald be with any other who could be prefentit to them, and attour on naway wald be content that any of them fould be tranfportit from them. Therfor the kirk pre fentlie affemblit, on naway could condifcend to the tranfportatioun of any of them, for the refpects befor rehearfit ; bot brotherlie requeiftit the faid Lord Comendator to provyde for fome uther godlie minifters for fome uthers of his kirks whilks are altogether deftitute of the preaching of the true word of God, the fpeciall foode of ther foules, whilk they doubt not but his Lordfhip will doe for difcharge of his awin confcience. [It was ordained that a requeft be written, and fent to the noblemen in whofe bounds fome popifli preifts haunted and remained, and abufed the facraments, and celebrated marriages for lucre. C.J Seff. 2<3a- 26 Junij 1566. The haill Affemblie, in refpect of the perrills and dangers wherwith the kirk of God is affaulted, and that be the mightie enemies, concludit a generall faft to be publifhed throughout this realme in all the kirks reformeit. [A publick faft was appointed to be holden on the two laft Sabbaths of 1566. UNIVERSALL KIRK OF SCOTLAND. 79 Julie nixt, and the communion to be miniftred upon the faids Lords days, if it may be done convenientlie. C] Anent the fupplicatioun givin in be Paul Methven, makeand ane lang rehearfall of his miferable eftate, the fupplicatioun prefentit in his name to the Generall Affemblie haldin in Edinburgh in December 1564 ; of the eftate of the anfuer therto from the faid Affemblie ; of his long and tedious journey out of Ingland to Scotland, and impediments that chanced him by the way. Finallie, requeifts for ane of thir twa, that is, either to fufpend excommunicating of the kirk for a tyme, and receive him in the fellowfhip of the fame, as ane poore fheip, upon ane conditioun, wher evir he chances to be, upon halfe a geirs warning, he falbe bund to returne againe at command of the kirk, and obey fick injunctiouns as they wold command him to doe. Or if the kirk pleafit not this petitioun, then to committ his anfuer to fick as the kirk fould pleafe appoint, whofe judge ment and determinatioun (as his bodie micht beir) he promifed be Gods grace moft humblie to obey. Finallie, all counfell that have followit heir tofoir, and himfelfe he moft humblie fubmittit to the judgement of the prefent Affemblie, as in the faid fupplicatioun at length was conteinit. Laft of all, it was ordainit that he prefent himfelfe perfonallie befor the Affemblie ; and being entrit, proftrate himfelf befor the whole brethren, with weiping and houleing ; and commandit to ryfe, might not expreffe farder his requeift, being as appearit fo fore troublit with anguifh of heart, was defyrit to be of good confort, and depart to his ludging, whill ordour were tane anent his requeift. And forfameikle as in the faid Affemblie, haldin in December 1564, it was concludit to receive him to repentance, now reftit to conclude upon the maner therof what he fould doe, when and wher ; and for that purpofe was appointed the Superintendent of Fyffe, Mr Johne Dowglas rector of St Androes, David Forreft, Mr George Hay minifter of Ruthven, Mr Johne Craig minifter of Edinburgh, Johne Row of St Jonftoun, William Chryftefone of Dundie, and Adame Heriot of Aberdeine, minifters, that they fevin or fixe of them fould conveine the morne, at fevin houres be for noone, and appoint and take ordour in the premiffes ; and whatfum- evir they doe heiranent, to fignifie the fame to the fuperintendent of Lau thiane and feffion of the kirk of Edinburgh ; and ordaines them to put the commiffioners ordinance to execution ; and als ordaines that the faid Paul Methven obey the fame according to ther directiouns; and ordaines that 80 THE BOOKE OF THE 1566. the faid fuperintendent and kirk of Edinburgh, delyver the faid ordinance to the fcribe of the Generall Affemblie, that he may infert the fame among uthers acts of the Generall Affemblie, for ane remembrance to the pofteritie. Queftions and ther Anfuers. Firft, It is afked, if any man contract mariage with ane woman once maried, and her hufband departing fra her to uther countreyes, and being abfent ix or x geirs together, the woman having no teftimoniall of his death or not ? Anfwerit, The woman defyreing to marie, aught to feik, or caufe to feik, whither her firft hufband be dead or not, and to report ane fufficient tefti moniall of his death or ever fcho may joyne herfelfe to another hufband. Whidder, if any perfon feikand donatioun or confirmation of benefices at the Popes kirk, may be admittit to minifter in the kirk of God ? Anfwerit, That fick a perfon aught not to be admittit to the miniftrie, as the queftion is conceivit. [Whether a minifter may enjoy a benefice fufficient for his fuftentation, where he travelleth not in the preaching of the word ? It was anfwered, That he ought to travell in the word where he receaveth his fuftentation, unlefs the kirk appoint otherwife. C.J The commiffioners appointit be the Generall Affemblie for ordouring of Paul Methven his repentance, [reported the fame to Mr John Gray fcribe of the Affemblie, in the tenour as followeth. C.J In confideratioun of the faiu Pauls lamentable fupplicatioun to the kirk, humble fubmiffioun of him felfe to the fame, and his abfence out of this realme the fpace of two geirs or mair ; Ordaines the miniftrie of Edinburgh, that he upon ane Sonday after fermoun notifie unto the peiple the faid Paul his fupplicatioun, and how the General Affemblie hes ordainit to receive him to repentance with the condi tions underwryten : And therfor to admonifh all faithfull brethren that they, within the nixt aucht dayes, notifie to the faid minifter of Edinburgh, if any of them hes any knowledge, or are furelie informit of the faid Paul his con- verfatioun and behaviour fince his departure forth of this realme, whilk might imped his receiving to repentance; whilk falbe on this maner, viz. The faid Paul, upon the faid two preaching dayes betuixt the Sondayes, fill come to the kirk doore of Edinburgh, when the fecond bell rings, clad 1565. UNIVERSALL KIRK OF SCOTLAND. 81 in fackcloath, baireheidit and bairefoottit, and there remaine whill he be brocht into the fermoun, and placeit in the publick fpectakill above the peiple in tyme of every fermon dureing the faid two dayes, and in the nixt Sonday therafter fall compeir in lykemaner, and in the end of the fermoun fall declare fignes of his inward repentance to the peiple, humblie requyre- ing the kirks forgivenes ; whilk done, he falbe cled in his awin apparrell, and receivit in the fociety of the kirk, as ane lyvelie member thereof ; and this fame ordour to be obfervit in Dundie and Jedbrucht, alwayes fecluding him fra any functioun of the miniftrie of the kirk, and alfo from participa tioun of the table of the Lord Jefus, unto the 25 of December nixt to come, when the Generall Affemblie of the kirk conveines, unto the whilk they ordaine the faid Paul to refort, bringand with him fufficient teftimo niall from autentique perfons, of thefe places where he in the meane tyme fall chance to remaine, reportand his converfatioun and behaviour ; at the whilk tyme the kirk fall take farder ordour what fall be done anent him. [Mr John Craig, minifter of Edinburgh, defired that John Carnes, who had read prayers and exhorted four geirs and more in Edinburgh, and had weill profited, fo that he was now able to be admitted to the miniftrie, might be joyned with him as collegue in the kirk of Edinburgh, in refpect he was alone : The Affemblie ordained the kirk of Edinburgh, with the affiftance of the fuperintendent of Louthian, to confider whether he were fit and fufficient for that place, or fome other. C.J 82 THE BOOKE OF THE 1566. A. D. M.D.LXVI. The General Affemblie of the Kirk, haldin in Edinburgh, in the Nether Counfell Houfe therof, upon the 25 day of December 1566. In the whilk were prefent the Superintendents, Minifters, and Comiffioners of Shyres, Townes, and Kirks. The invocatioun of Gods name made be Mr Johne Craig minifter of Edinburgh. In the firft, for ordour to be obfervit in reafoning, and that every bro ther fpeake to his purpofe in fick meafure as it becomes the minifter of Gods word to doe, Johne Erfkine of Dun, Superintendent of Angus and Mernes, was continewit moderator, wherof he was content. [Befide the triell of the fuperintendents, James Knox, reader in Bath gate, was cenfured for baptizing of bairns and folemnizing of marriage, he being but a fimple reader, and taking money for the fame from fuch as were without the paroche. C.J Seffio 2da- 26 December 1566. Anent the affignatioun of the penfioun of money and victualls offerit be the Queens Majeftie and her moft honourable counfell, for the fuften tatioun of the minifters within this realme ; the haill brethren prefent requyreit the minifters being in the Seffioun to paffe foorth of the Affem blie, and with mature deliberatioun to confult and advyfe with the faid confignatioun, whether they fall think it good to accept the fame for releife of ther prefent neceffitie or not. After lang reafoning and mutuall con ference anent the faid affignatioun, returneing againe in the Affemblie, thought it good for fupport of the minifters neceffitie to accept of the faid 1566. UNIVERSALL KIRK OF SCOTLAND 83 offer of money and victualls, if they might be gottin haftielie : Nottheles, in confideratioun of the law of God, ordaines the perfons who heirs the doctrine of falvatioun at the mouthes of his minifters, and thereby receives fpeciall food to the nourifhment of ther faules, to communicat temporal fuftentatioun on ther preachers, there anfuer is, that having juft title to crave the bodily food at the hands of the forfaids perfones, and finding na others bound unto them, they only requyre at ther awin flocke, that they will fuftaine them according to ther bunden duetie ; and what it fall pleafe them to give them for ther fuftentatioun, if it were but bread and watter, neither will they refufe it, nor defift from their vocatioun ; but to take from uthers contrair ther will whom they ferve not, they judge it not ther duetie, nor get reafonable ; alwayes they moft heartlie thank the Lords that beftowit ther labours and pains in purchafing the forfaid affignatioun, moft heartlie requesting ther honours to perfevere whill they bring it fome perfection. Nevertheleffe, the haill Affemblie folemnlie proteftit that this accepta tion of the foirfaid affignatioun for the releife as faid is, prejudges not the libertie of the Kirk to fute for that thing that juftlie pertaineth to the patrimonie of the fame, in tyme and place convenient, in any tyme heir after. [The Affemblie appointed Alexander, bifhop of Galloway, Mr John Spotfwood Superintendent of Louthian, the Lairds-of Garden and Keir, to repair to Stirline, and to folicite for the extracts of the faid affignation from the comptroller and clerk-regifter, that letters may be raifed there upon ; and that they report their anfwer to the feffion at Edinburgh, that the commiffioners which are to be appointed for divifion of the faid affig nation may be advertifed. The commiffioners were chofen and appointed to conveen at Edinburgh, within ten days after advertifement, to divide the faid affignation of money and victuals among minifters, exhorters, and readers, according to their difcretion. C.J The fame day were proponit thir queftiouns underwryten, and anfuers givin therto as followes. Whither if the teindis properlie pertaines to the kirk, and fould only be applyit to the minifters fuftentation, to the poore, mantaining of fchooles, repairing of kirks, and uther godlie ufes at the difcretioun of the Kirk ? Anfwerit affirmative without contradictioun. 84 THE BOOKE OF THE 1566. Secondlie, if the teindis pertaines to the kirk, and aught to be imployit to fick godlie ufes as faid is, Whither if the minifters, who are the mouth of the kirk, may with fafe confcience keip filence, feeing the patrimonie of the kirk moft unjufllie tane up and waflit in vaine things be fick perfones as beares no office in the kirk of God, and in the meanetyme the miniftrie ceafand for neceffitie, the poore perifhing for hunger, fchooles decayand, and kirks falland to the ground ? Anfuerit, They ought not to keip filence, but earneftly to admonifh every man of his duetie, and defyres all men to fute for that whilk per taines juftlie to the fuftaining of the things foirfaids. Thridlie, Whither if the kirk may juftlie requyre of all poffeffours the teyndis to be payit to the kirk only, and inhibite all uthers to intromitt therwith ; and in cace of diffobedience, what ordour fall be ufit be the kirk agains them. Anfuerit, After dew admonitioun ufit, and no obedience found, to ufe the cenfures of the kirk. Selfio 3a- 27 December 1566. Anent Mr Knoxs requeift to paffe to the realme of Ingland to vifite his children, and to doe his other bufinefs, the haill Affemblie grantit gladly licence, with letters teftimonialls of his honeft converlatioun and godlie doctrine within this realme, with provifion as is conteinit in the faids letters ; the tenour wherof followes. The Superintendents, Minifters and Commiffioners of Kirks within the Realme of Scotland prefentlie affemblit, To all and fundrie faithful brethren to whofe knowledge thir prefents fall come, wifch- eth grace, mercie and peace from God the Father, and from our Lord Jefus Chryft. Witt gour Univerfities, that our loving brother Johne Knox, bearer of thir prefents, hes bein and is ane true and faithful minifter of the Evangell of Jefus Chryft within this realme of Scotland, continually within thir viij geirs by gane or therabout ; in doctrine pure, and fincere in lyfe and 1566. UNIVERSALL KIRK OF SCOTLAND. 85 converfation, in our fights inculpable, and hes fo fruitfully ufit that talent grantit to him be the Eternal, to the advancement of the glorie of his god lie name, to the propagation of the kingdom of Jefus Chryft, and edifieing of them who heard his preaching, that of duetie we moft heartilie praife his godlie Majeftie, for that fo great ane benefite grantit unto him for our utilitie and profite. And becaufe he, for the naturall love and affectioun he beares to his childrein, now being within the realme of Ingland, and favour to uthers his brethren, requefted us to grant him licence for ane feafon, to repaire toward the faid realme of Ingland, for the caufes above mentionat, We, after mutual conference in full Affemblie, thoght this pe- titioun juft and reafonable, and therfor all in ane voyce grants licence to our faid brother, according to the Queens Majeflies conduct, to paffe to the faid realme, for the purpofes foirfpoken and uthers his lawfull affaires, what time he fall think moft comodious for his journey ; provydeing all- wayes that he returne to this realme of Scotland before the 25 of the mo- neth of Junij nixt infewing, to continue in his former vocatioun, and na utherwayes. And this we make knowin to all and fundrie to whom it effeirs, be thir our Letters Teftimonialls, givin at Edinburgh in our Ge neral Affemblie, and thrid Seffion therof, fubfcryvit be the Clerk of the fame, the xxvii of December. Attour ordainit ane letter to be directit to the Bifchops of Ingland, that they wald be content gentlie to handle the brethren preachers, touching the habits furp-cloathes and uthers abulgements, whilk appeirantlie tends more to fuperftition nor to edificatioun ; and requeifts Mafter Knox to put the heads in write whilk he thinks neceffar to be wryten to the faids Bif chops. The tenour whereof followes. The Superintendents, Minifters, and Comiifioners of Kirks within the realme of Scotland, to there brethren the Bifchops and paftours of Ingland, who hes renunced the Romane Antichryft, and does profeffe with them the Lord Jefus in fmceritie, defyres the perpe tuall increafe of the Holie Spirit. By word and write it is come to our knowleage, Reverend Paflors, that diverfe of our deireft brethren, among whom are fome of the beft learnit 86 THE BOOKE OF THE 1566. within that realme, are depryvit fra ecclefiaftical functioun, and forbidden to preach, and fo by gou are flayed to promote the kingdome of Chryft, becaufe ther confcience will not fuffer them to take upon them, at the comandment of the authoritie, fick garments as idolaters in the tyme of blindnes have ufit in the tyme of idolatrie ; whilk brute cannot be but moft dolorous to our hearts, myndfull of that fentence of the Apoftle, faying, If ge byte and devore ane another, take good heid leaft ge be confumit ane of another. We purpofe not at this prefent to enter upon the ground whilk we heare of either partie to be aggriet with greater vehemence then well lykes us ; to witt, whither fick apparrell be to be countit amongs things that is fimple and indifferent, or not. Bot in the bowells of Chryft Jefus we crave, that chriftian charitie may fo farre prevail in gou, in gou we fay the Pallors and Leaders of the flocke in that realme, that ge doe not to uthers that whilk ge would uthers did not to gou ; ge cannot be ignorant how tender a thing the confcience of man is ; all that have knowledge are not alyke perfwadit, get confcience reclaimes not at the wearing of fick gar ments ; bot many thoufands both godly and learned are utherwayes per fwadit, whofe confciences are continually flriken with thir fentences ; Whatt hes Chryft Jefus to doe with Belial ? Whatt hes darknes adoe with light ? If furp-claithes, cornett cap and tippet, has bein badges of idola ters in the verie act of ther idolatrie, what hes the preacher of Chriftian libertie and the oppin rebuiker of all fuperftitioun to doe with the dregges of that Romifh beaft ; gea what is he that ought not to feare either to take in his hand or foirheid, the print and marke of that odious beaft ? Out- brethren that in confcience refufes that unprofitable apparrell, does neither damne nor moleft gou that ufe fick vaine trifles : If ge fall doe the lyke to them, we doubt not but therein ge fall pleafe God, and comfort the hearts of many whilk are woundit with the extremitie that is ufit againft thefe godlie and our belovit brethren. Colour of rhetorick or manly perfwa- fion will we ufe none, bot charitablie we defyre gou to call that fentence of Peter to mynd, Feed the flocke of God whilk is committed to gour charge, careing for it not be conftraint bot willinglie, not as thogh ge were Lords over Gods heritage, but that ge may be enfamples to the flocke. And farther, alfo, we defyre you to meditate that fentence of the Apoftle, faying, Give none offence neither to the Jewes, nor to the Grecians, nor to the Kirk of God. In what conditioun of tyme ge and we both travell in 1566. UNIVERSALL KIRK OF SCOTLAND. 87 the promoting of Chryfts kingdome, we fuppofe gou not to be ignorant, and therfor we are more bold to exhort gou to walke more circumfpectly, then that for fick vanities the godly fould be troubled ; for all things that may feime lawfull edifie not. If the comandment of the authoritie urge the confcience of gou and of our brethren farther than they can beare, we unfainedly crave of gou, that ge remember ge are callit the light of the world, and the fait of the earth. All civill auctoritie hes not the light of God alwayes fhyning befor the eyis in there ftatutes and comandments ; bot there affeetiouns favour over meikle of the earth and of worldlie wif- dom, and therfore we thinke ge fould boldly oppone gourfelves to all that power that will or darre extoll itfelf, not only agains God, but alfo agains all fick as darre burdein the confciences of the faithful, farther then God hes burdeinit them be his awin word. Bot heirin we may confeffe our offence, in that we have entrit farther in reafoning then we purpofed and promifed at the beginning ; and therfor we fhortlie returne to our for mer humble fupplicatioun, whilk is, that our brethren who among gou refufe the Romifh ragges, may find of gou, the Prelates, fick favour as our Heid and Mafter comands every ane of his members to fhaw to an other ; whilk we looke to receive of gour gentlenes, not only for that ge feare to offend Gods Majeftie, in troubling of gour brethren for fick vaine trifles, but alfo becaufe ge will not refufe the humble requeift of us, gour brethren and fellow preachers, in whom albeit there appeir not great worldlie pompe, get we fuppofe that ge will not fo farre defpyfe us, bot that ge will efteime us to be of the number of them that fights agains that Roman Antichryft, and travell that the kingdom of Jefus Chryft may be univerfallie advanceit. The days are ill ; iniquitie abounds ; chriftian charity alas is waxen cold; and therfor we ought the more diligentlie to watch, for the houre is uncertaine when the Lord Jefus fall appeir, befor whom ge, your brethren, and we, muft give acount of our adminiftratioun. And this in conclufion, we anes againe crave fa vours to our brethren, whilk grantit, ge in the Lord fall command us things of double more importance. The Lord Jefus rule gour hearts in true feare to the end, and give to gou and us victorie over that conjured enemie of all true religioun, to witt over that Roman antichryft, whofe woundit head Satan preafes by all means to cure againe. Bot to def- tructioun fall he and his mantainers goe, by the power of the Lord Jefus : To whofe mightie protectioun we heartlie comit gou. 88 THE BOOKE OF THE 1566. From Edinburgh, out of our Generall Affemblie, and 3 feffioun therof, the 27 of December 1566. Your loving brethren and preachers in Chryft Jefus, [Johne Craig. John Row. James Melvill. David Lindsay. Robert Pont. John Areskine. William Christeson. John Winrhame, Nicol Spittle, John Spotswood. C.J Ordaines ane humble fupplicatioun to be made to the Lords of Secreit Counfell, anent the comiffion of jurifdictioun fupponit grantit to the Bif- chop of St Androes, to the effect that ther honours ftay the fame, in refpect that thefe caufes for the maift pairt judgeit be his ufurpit authoritie per taines to the true kirk ; and howbeit that for hope of good things the Kirk overfaw the Queens Majeflies comiffioun givin therintill to fick men, who for the moft part was our brethren, get can the Kirk no wayes be content that the Bifchop of St Androes, ane comoun enemy to Chryft, to ufe that jurifdictioun ; and als in refpect of that colourit comiffioun, he might ufurpe againe his auld ufurpit auctoritie, and the famein might be the meane to oppreffe the haill kirk be his corrupt judgement. The tenour of the faid fupplicatioun followes. The Generall Affemblie of the Kirk of Scotland conveinit at Edinburgh the xxv of December 1566, To the nobilitie of this realme that profeffes the Lord Jefus with them, and hes renounceit that Roman antichryft, defyre conftancie in faith and the fpirit of righteous judgement. Seing that Satan, be all our negligence, Right Honourable, hes fo farre prevailit within this realme within thefe late dayes that we do ftand in ex- treame danger, not only to lofe our temporal poffeffiouns, but alfo to be depryvit of the glorious evangell of Jefus Chryft, and foe we and our pofteritie to be left in damnable darknes ; We could no longer contane ourfelves, nor keep filence, leaft in fo doing we might be accufeit as guiltie of the blood of fick as fall perifh for lake of admonifhment, as the Prophet threatens. We therfor in the feare of our God, and with greife and anguifh of heart, complaines unto gour honours, gea we muft complaine unto God, 1566. UNIVERSALL KIRK OF SCOTLAND. 89 and all his obedient creatures, that that conjured enemie of Jefus Chryft, and cruell murtherer of our brethren moft falfiie ftylit Archbifchop of St Androes, is reponit and reftoreit, be fignatur paft, to his former tiranie ; for not only are his ancient jurifdictiouns (as they are termit) of the haill bifchoprick of St Androes grantit unto him, but alfo the executioun of judgement, confirmation of teftaments, and donation of his benefices, as more amplie in his fignatur is expreft. If this be not to cure the head of that venemous beaft, whilk once within this realme, be the potent hand of God, was fo banifhed and brockin downe, and be curing it wold not hurt the faithfull, judge ge. His ancient jurifdictioun was, that he with certaine his collegues collaterals, might have dampnit of herefie as it pleafit him, and then to take all that were fufpeet of herefie. What they have judged to be herefie heirtofoir ge cannot be ignorant ; and whither they remaine in ther former malice or not, ther plots and travells oppinly declares. The danger may be fearit, fay ge, but quhat remedy ? It is eafie and at hand, Right Honorable, if ge will not betray the caufe of God and leave gour brethren, whilks never will be more fubiect unto that ufurped tyrranie then they will unto the devil himfelfe. Our Queine belyke is not well informit ; fcho aucht not, nor may not juftly break the lawes ; and fo confequentlie, fcho may not fett up againft us, nor without our confent, that Romane Antichryft againe : For in ane lawfull and moft frie parliament that ever was in this realme before, was that odi ous beaft depryvit of jurifdictioun, office and auctoritie within this realme. Her Majeftie at her firft arrivall, and be diverfe her proclamatiouns fenfyne hes expreffly forbiddin all other forme and fact of religioun, but that whilk fcho fand publicklie eftablifhed at her arriveal ; therfor fcho may not bring us, the greateft part of the fubjects of this realme, back again to bondage, till that als lawfull and als frie ane Parliament as juftlie damned that Antichryft and his ufurped tyranie, have given decifioun betwixt us and him. Heirof and of uther things that no leffe concernes gour felves then us, ge plainly and boldly admonifh our foveraigne, and without tumult only crave juftice. The tyrants darre no more be fein in lawfull judgment nor darre the howlets in the day light. Weigh this matter as it is, and ge fall find it more weighty then to many it appears. Farther at this prefent we complain not, bot humblie craves of gour Honours ane reafonable anfuer quhat ge will do, incase that fick tyrrants, and invadeing wolves, be givin to devore the flocke of Jefus Chryft within this realme, under quhat title that ever it be ; for this we boldly confeffe, that we will never acknow- M 90 THE BOOKE OF THE 1566. ledge, neither paftors to our fouls, nor get judges to our caufe. And if that, for denyall therof, we either fuffer either in bodie or goods, we doubt not but we have not only a judge to punifch them that unjufllie trouble us, but alfo ane advocat and ftrong champioun in heavin, to re- compence them who for his namefake fuffer perfecutioun : Whofe holie fpirit rule gour hearts in his true feare to the end. Your Lordfhips an fuer we againe crave. Givin in the Generall Affemblie and thrid Seffioun therof, at Edinburgh the 27 of December, 1566. [The Affemblie appointed the bifliops of Galloway and Orkney, the Juftice-Clerk, and David Forreft, Mr John Row, David Lindfay, Robert Pont, William Chriftefon, to reconfider and revife the anfwer made be Mr William Ramfay, one of the mafters of Sanct Salvators colledge, to Henrie Bullingers book anent abulgiements of preachers in England. The Affemblie being advifed with the interpretation of the Confeffion of the kirk of Zurich, be Mr Robert Pont, ordained the fame to be print ed, togither with ane epiftle fent be the Affemblie of the Kirk of Scotland, approving the fame, providing a note be put in the margin, where men tion is made of the remembrance of fome holy days. This confeffion was penned be the paftors of Zurich, and is otherwife called the latter Confeffion of Helvetia : It is allowed and fubfcribed, not only be the Tigurins themfelves and their confederates of Berne, be Schaphaufen, Sangallia, Rhetia, Millan, and Viemid, but alfo Geneva, Savoy, Polonia, and Hungaria. In this confeffion, fuperioritie of minifters above minifters is called ane humane appointment ; confirmation is judged to be a device of man, which the kirk may want without damnage ; baptifm by women or midewives condemned : Item, prolix and tedious publict prayers hindering the preaching of the word ; canonical Hours, that is, prayers to be chanted and often repeated at fett times, as the popifli manner is; heaping up of ceremonies in the kirk, to the pre judice of Chriftian libertie ; obfervation of faints days : But this Affem blie would not allow the days dedicat to Chrift, the circumciiion, nati- vitie, paffion, refurrection, afcenfion and pentecott days, but took excep tion againft that part of the Confeffion. The bifchops of Galloway and Orknay, the Juftice Clerk, Mr Robert Pont, David Lindfay, William Criftefon of Dundie, George Lefley of Stramigloe, William Ramfay and David Forreft were appointed to receive and decide queftiouns, and report their decifions. C.J 1566. UNIVERSALL KIRK OF SCOTLAND. 91 Queftiouns and ther Anfuers. Ane certaine maried man paft to the wares of Denmark about four geirs fyne ; his wyfe hes joynit her felfe within this twa geir to ane uther man in whooredome ; now they defyre to be maried, becaufe they have the attef- tatioun of twa unfufpectit witneffes, wha fpake with Captaine Clark that her hufband was flaine in the Caftell of Barronburgh in Denmark, upon Pafch day bygane ane geir. Queritur, Whither if the parties may be joynit in lawfull mariage or not ? Ordaines the names of the man and woman to be givin up to the feffioun of the kirk wher they dwell, to be accufit criminallie for ther offences, givin in tyme of her hufbands lyfe, or befor the knowledge of his death, fcho joynit her bodie to the uther man, that they both may be punifchit accord inglie. Ane man forwarnit that he might not marie his father brothers daughter, paft in contempt of the kirk, and was maried in the Chappell Royall December 1566. Queritur, What ordour falbe tane therwith ? Ordaines, To delate the proces to the Juftice Clerk and kirk, and declare ther names to the effect they may be punifhit. And farther, becaufe diverfe perfons, alfweill women as men, who are feparate for adultery, the partie offendand joynes themfelves in mariage againe, contrair to the law of God, wherthrow great flanders and incon- veinients followes. Ordaines the fuperintendents to admonifch all minifters within ther jurifdictiouns, that none joyne any partie feparatit for adulterie in mariage, under paine of removeing from the miniftrie. [It was afked, What order fhould be taken with fuch as have commu nicated at the Lords table, and afterwards became witneffes at the baptifm of children baptized by a papiftical prieft in a private place ? It was an fwered, After admonition, let the cenfures of the kirk be ufed. C] Seff. 4ta- 28 Dec. 1566. Anent bifchops, abbots, pryors, and uthers perfons benefices being of the kirk, who receives teinds and awaites not upon the feiding of the flocke comittit to ther cure, neither prefents themfelves to the General Affemblie. 92 THE BOOKE OF THE 1566. Ordains all fuperintendents to fumound and warne all bifchops, abbots, &c. that receives teyndis within ther jurifdictiouns, and wher no fuperin tendents are, that the fuperintendent neireft fend his lettres to the minifters nixt adjacent therto, to fumound the foirfaids perfons to compeir at the nixt Generall Affemblie, to give ther affiftance and counfell to the faid Affemblie in fick things as appertaines to Chriftian religion and preaching of the true word, and farther to know the ordinances of the kirk to be made theranent, &c. [The fuperintendent of Angus defired to be exonered of his burdenfome calling, in refpect of the weaknefs and debilitie of his bodie, wherby he was unable to execute that charge as was required ; but the Affemblie wold not altogether exoner him, but permitted him to appoint fome of the beft qualified within his bounds, to vifit when he found himfelf unable. C] 1567. UNIVERSALL KIRK OF SCOTLAND. 93 A.D. M.D.LXVII. The Generall Affemblie of the Kirk conveinit at Edinburgh, in the Nether Tolbuith therof, the 25 day of Junij 1567. In. the quhilk were prefent the Erles, Lords, Barrons, Superintendents, Minifters, and Comilfioners of Townes. The invocatioun of the name of God was made be Mr John Craig, Minifter of Edinburgh. Seff. la- 25 Junij 1567- For efchewing of confufioun in reafoning, the whole Affemblie prefent conveinit nameit Mr George Buchanan, principall of St Leonards Colledge, moderator dureing this conventioun, who accepted the charge hac vice. The kirk appointit the Lairds of Dun and Bargany to paffe to the Lords of Secreit Counfell, and to requeift ther Lordfhips to conveine and con curre with the kirk prefentlie affemblit, for heiring of fick articles as falbe thoght good for the eftablifhing of Gods word, the true religioun, and fupporting of the miniftrie within this realme. [Some were appointed to decide queftions which were to be proponed, and to revife the order of excommunication penned be Mr Knox, and to report their judgement to the Affemblie. C.J Seff. 2a- 26 Junij 1567- Forfameikle as it is thoght good be all the brethren prefentlie conveinit, that ane Affemblie Generall be appointit to conveine againe the 20 day of July nixt to come, in this towne of Edinburgh, for the fetting fordward fick things as fall at that tyme be proponit ; and for that purpofe ordaines to wryte miffives to all and fundrie erles, lords, barrons, and uthers bre thren, requyreing them to conveine the faid xx day of Julij, and to that effect appointit alfo comilfioners to prefent the faid miffives, and requyre according to ther commilfiouns. 94 THE BOOKE OF THE 1567. Tenour of the faids lettres miffive, fent to the faids erles, lords, barrons, comendators of abbayes, followeth : My Lord, (or Worfhipful Sir,) after our maift heartlie commendatioun of fervice in the Lord Jefus : Having now of lang time travellit both in public and private with all the Eftates, continually craveing of your Ho nours in fpecial, that the courfe of the Evangell of Salvation, now once of the liberal mercie of God reftorit to this realme, might continue to all gour comforts, and gour pofteritie ; and that for the mainteinance and furthering thereof, ane perfyte policie and full libertie might be grantit to this reformit Kirk within Scotland, the miniftrie, the pure and failgeit pro vydit for fufficiently, as God and all good police and civil lawes ordaines and requyres ; and that all fuperftition and idolatry, and the monuments therof, might be utterly removit and banifhit out of this realme, quhilk God of his infinite mercy hes fo lovingly and willingly callit from darknefs to light. This matter indeed was lyked of all men ; but fick impediment gave the enemie of the Kirk in his members to ftay the good worke of God, that moyen could there none be had, but be the contrair, at every light occafion, the miniftrie fruftrat of all lyfe and fuftentatioun ; the lamit and impotent members of Chryft lying in the ftreet as dung, perifhing for hunger and cold, gea and the whole flock of Jefus Chryft within this realme continuallie threat- nit with the execution of that moft cruell deereit of the laft counfell of Trent, wherin was determinit and decreeit to make ane facrifice of the whole profeffors within all Europe, be the tyrany of that Roman Antichryft. We are not ignorant how farre the famein was attemptit be way of deid within the realme of France, how farre now in Flanders and the parts neir adjacent therto ; and alfo quhat practifing to that effect hes bein continu ally thir thrie geirs by paft, and even now of late dayes, within our awin bowells, be our commoun confpired enemies, alfweill within as without this realme, how they were bent to ther enterprize, if God had not of his meere mercie preveined beyond all our knowledge and expectatioun, ther cruel and craftie practifes. Upon the quhilk confideratioun, the Affemblie at this prefent convention of the Kirk, accuftomit at the courfe of tyme occureand, hes thoght it needfull to repaire the decay and ruine of that Kirk fo vertueoufly begun amongft us be ane univerfall concurrence and confent of the haill profeffours of Chryft Jefus within this realme, and be the fame meanes to meet the forfaid dangers hingand over our heids, pro- 1567- UNIVERSALL KIRK OF SCOTLAND. 95 ceiding from the craft of our implacabill enemies, alfweill within as with out the fame ; and to that effect hes ordainit ane Generall Affemblie of the haill profeffors of all eftates and degries within the kirks of Scotland, to be haldin heir within this towne of Edinburgh, upon the xx day of this nixt moneth of Julij, quherby ane perpetuall ordour may be takin for the libertie of the Kirk of God, fuftentatioun of the minifters and failgeit members therof, and that ane fure union and conjunctioun may be had amongft the haill members for the libertie of Gods Kirk, quherby we may be able to withftand the rage and violence of the forfaids enemies. And be caufe it hes pleafed the goodnes of God fo to move gour Lordfhips heart, that ge are a notable inftrument and member of his Kirk, as our hope is, fo fall our prayer be, that ge may continue increafing from vertue to ver- tue unto life everlafting, we thoght it our duetie, in name of our haill brethren heir conveinit, to notifie to gour Lordfhip the foirfaid appoint ment of the faid Affemblie, and in the name of the Eternal our God, to recomend to gour care and folicitude the building of this ruinous houfe of God within this realme : Requyreing alfo in his name, that ge will give gour perfonal prefence, gour labours and concurrencis to that effect, as in the forfaid Affemblie to be haldin the faid day, that the haill body may be comforted be the prefence and good advyce of fo notour ane member therof. And becaufe we doubt nothing but gour Lordfhip falbe prefent, fhewing fo long experience of gour good part in all tymes paft, we ceafe to trouble gou with longer letter, referring the reft to be declarit be our brethren the comiffioners of the Kirk, who to this effect are direct to gour Lordfhip, and uthers our brethren in thefe partis ; and we for our part, with earneft prayer to God, fall pray to augment in gou his love and feare, and bleffe gour Lordfhip to the comfort of his Kirk, Amen. From Edinburgh, the 26 of Junij 1567. We gour Lordfhips to command with fervice in Chryft Jefus, in name of the reft of our brethren, John Knox. John Erskine of Dun. John Row. John Spotiswood. John Craig. John Dowglas. The names of the perfons to whom this letter was directit, are the Erles Huntlie, Argyle, Caffills, Rothes, Crawfurd, Menteith and Glencarne, 96 THE BOOKE OF THE 1567. Lords Boyd, Drummound, Sanchar, Herreis, Cathcart, Yefter, Mr. of Grahame, Fleming, Levingftoun, Forbes, Salton, Glames, Ogilvie, Mr. of Sinclair, Gray, Oliphant, Methven, Inermeath, Mr. of Somervell, Barrons, Lochinvar, Gairles, Sherriff of Air, Glenurquhair, Sir James Hamiltoun, Bonytoun, Comendators, Arbroith, Kilwinning, Dumfermeling, St. Colmes, Newbottle, Halyruidhoufe. The Superintendents and Quarters of countreyes were ordained to di rect this letter to the foirfaids perfons feverallie. Tennour of the Commiffiouns givin to every ane of the foirfaids Commiffioners, within every ane of ther bounds refpective, followes : Forfameikle as Satan this long tyme in his members hes fo rageit and perturbit the good fucceffe and proceeding of Chryfts religioun within this realme, be craftie meanes and fubtill confpiracies, that the fame from tyme to tyme doeth decay, in hazard altogether to be fubvertit, unleffe God of his mercie find haftie remeid, and that cheiflie through the extreame po- vertie of the minifters who fould preach the word of lyfe to the peiple, who therthrow are compellit, fome to leave the vocatioun alluterlie, and fome uthers fo abftractit be carefull povertie, that they may not infill fo diligently in the exercife of the word as they wold doe ; and therfor the kirk prefentlie conveinit at Edinburgh in this Generall Affemblie, hes thoght it moft neceffar be thir prefents to requeift and admonifch moft brotherlie all fick perfons as truely profeffes the Lord Jefus within this realme, of what eftate or degrie thatevir they be, afweill the nobilitie, barrones and gentlemen, as all uthers true profeffours, to conveine in Edinburgh the 20 day of Julij nixt, in ther perfbnall prefence, ther to affifl with the counfell and power, for ordour to be tane afweill toward the eftablifhing of Chryfts religioun univerfallie throughout this haill realme, and abolifhing of the contrair, whilk is papiftrie, as the fuftentation of the minifters, not only for the prefent tyme and inftant neceffitie, but alfo for ane perfyte ordour to be tane and eftablifhed in all tyme eomeing, toward the haill libertie of the patrimonie of the kirk, and the due reftoring of the fame to the juft profeffours therof, according to the word of God : With certification to all and fundrie, of what eftate and degrie fo evir they be that compeirs not, due advertifement being made, that they falbe repute 1567- UNIVERSALL KIRK OF SCOTLAND. 97 heirafter as hinderers of this godlie purpofe, and as diffimulat brethren, unworthie to be efteimit heirafter of Chryfts flocke, feing God of his mercie at this prefent hes offerit fome better occafioun nor in tymes bygane, and hes begun to tred downe Satan underfoote. And for the dew requi- fitioun and admonitioun, in name of the eternall God, to the effect foirfaid, to all and fundrie the brethren, alfweill to brugh as to land, the kirk pre fentlie conveinit in this Generall Affemblie, be thir prefents gives ther full power and commiffioun to ther lovites N. and N. for the bounds of N. In verificatioun heirof thir prefents are fubfcryvit be the comoun clerk of the kirk, in the faid Generall Affemblie, and 2 Seff. therof, haldin at Edin burgh, the 26th day of Junii 1567- Seff. 3a- 27 Junij 1567- [Mr John Row, minifter of Sanct Johnftone, was ordained to attend upon the printing of the commiffion direct be the Kirk, for prefenting of the forfaids miffives, and to bring fo many as fhall be neceffarie to be fent, to be fubfcrived be the clerk of the Affemblie, and the names of the com miffioners to be infert accordingly. And in like manner ordained Mr John Wood to caufe write fo many miffives as fhall be needfull, to be fent to the earles, lords, and barrons, and other brethren, and to return the faid miffives to be fubfcrived and directed. Mr John Davidfone and Mr David Wemes, minifters of Hammiltoun and Glafgow, were ordained to pafs to Lanerk, and there to conveen the balgies and counfellours of the faid town, and to require them to affift John Leverance minifter, and to punifh manifeft offences, maintain Chrif tian religion within that town, and to fupport the laid minifter with things neceffary for his fuftentation ; and if they deny to doe the faid premiffes, then the forfaid minifters to give to the faid John Leverance their teftimo niall of fimple demiffion from the faid kirk of Lanerk, and libertie to be placed wherfoever it fhall pleafe God to call him. Mr John Row, Mr John Douglafs rector, Mr John Craig, William Chriftefon minifter at Dundie, Mr Robert Hamiltoun minifter at Irving, Mr Robert Hamiltoun minifter at Sanct Andrews, Mr James Melvill minifter at Tannades, appointed in the firft feffion to decide queftions, report their decilions at this feffion. C.J N 98 THE BOOKE OF THE 1567- Queftions and ther Anfuers. Ane man being accufeit of notorious fornication, promifeit faithfullie to the minifter for the tyme to abftaine in all tymes eomeing from all focietie of that woman, and in cace he chancit to have any deale with her heirafter, he fould marie her ; therafter he medlit with the fame woman. Queritur, Quhether this man may be compellit to keip the foirfaid promife of mariage or not ? The kirk dicernes all fick promifes to be of none effect, and that none be compellit to marie upon fick promifes ; and ordaines this offender to be punifhed for his offence. Quhether if it be lawfull to marie her quhom he befor, in his wyfes tyme, had pollutit with adulterie, his wyfe now being dead. The kirk will not grant that thing to be lawfull quhilk Gods law damnes, neither yet admitt any fick mariages, for caufes conteinit in the law. Ane man being divorceit for adulterie, queritur, Quhether he may marie again lawfullie or not ? The kirk will not refolve heirin fchortlie, bot prefentlie inhibites all minifters to meddle with any fick mariages, quhill full decifion of the queftion. Seff. 4ta- 28 Junij 1567. Anent ane complaint given in be the brethren of the kirk of Machlen, that quher they had, be the juft law of God, pronouncit the fentence of excommunication againft Johne Spottifwood of Foullar, fome tymes ane elder of the faid kirk, for the horrible cryme of adulterie committed be him : Nottheles, Sir William Hamilton of Sanquhar knight, now an elder of the faid kirk, plainly mantaineth the faid John in his houfe, notwithftand- and the faid John is excommunicat, to the greater flander and offence of God and his law. And albeit the faid Sir William lies bein diverfe tymes admonifhed to withdraw his familiar companie fra the faid John, get will not abftract the fame, to the offence of many ; requyreing the kirk pre fentlie affemblit to take ordour heirin according to the wifdome of the brethren prefent, that farther flander ryfe not therthrow. The kirk ordaines ane letter to be fent to the faid Sir William, requyre ing him to remove the faid John Spotifwood out of his companie, and the 1567. UNIVERSALL KIRK OF SCOTLAND. 99 fame to be fubfcryved be the fcrybe of the Affemblie ; the tenour wherof followeth. Right Worfhipfull, &c. Forfameikle as we are informit be the minifter and ane part of the elders of the kirk of Machleine, that ane called John Spotifwood, fometyme ane elder of the faid kirk, for the adulteries com mitted be him in the tyme he was ane elder, and the fame beeand fuffi- cientlie provin, hes bein and is excommunicat : Nottheles ge now being ane elder of the faid kirk, contrair to gour charge and vocation, mantaines and keips in gour companie the faid Johne, notwithftanding diverfe ad monitions made to gow to put him therfra, to the great contempt of Gods ordinance, and flander of the kirk of Jefus Chryft ; quhilk we lookit not for at gour hands, being placeit in fo honorable ane rowme within his kirk. Heirfor this is moft heartlie to requyre gow, in the name of the eternall God, and as ge look to reigne with his Sonne Jefus Chryft for evir, to remove from you all manner of flander, and be not partaker of uther mens fins, bot remove from gour focietie that wicked perfon, who being abhorreit be the faithfull, may be Gods grace repent his impietie, and returne to that companie of the faithfull, fra the whilk be his haynous offence he hes fo horriblie fallin ; in the quhilk doing ge fall not onlie pleafe God, but alfo have praife of us gour brethren : Utherwayes we may not with fafe confcience fuffer fick mantaining of manifeft wickednefs, but muft oppone ourfelves therunto, and ufe the cenfures of the kirk alfweill againft the mantainer as the committer of manifeft crymes. Thus wifhing unto gou the fpirit of righteous judge ment, comitts gou to the protectioun of the Omnipotent. From Edin burgh, out of our Generall Affemblie, and 4th Seffioun thereof, the 28 of Junij 1567. The haill kirk thoght good that ane publick faft fould be proclaimed in the towne of Edinburgh only, to begin on Sonday the 13 of Julij nixt, and on Sonday the 20 of the fame. And fo was the Affemblie diffolvit, and appointit the 20 day of Julij nixt to come into the towne of Edinburgh. 100 THE BOOKE OF THE 1567. A. D. M.D.LXVII. The Generall Affemblie of the Kirk of Scotland, conveinit at Edin burgh, in the Over Tolbuith of the fame, the 21 of July 1567. In the quhilk were affemblit Erles, Lords, Barrons, whofe names are wryten after the articles be them fubfcryvit, with the Superin tendents, Minifters, and Commiffioners of townes. Thanks was givin to God be Mr John Craig Minifter of Edinburgh. [Mr John Row Minifter at St Johnfton, was chofen Moderator. It was ordained, That the brethren of every fhire fhould chufe fome out of their number, and the minifters likewife chufe fo many from among themfelves, to reafon and confer upon the affairs of the Kirk, and to form articles in writ, and prefent the fame to the Affemblie, to be con- iidered. C] Seff. 2da- 22 Julij 1567- [The Commiffioners appointit to deliver their miffives to the Earles, Lords, Barrons, and other brethren nominat, exhibited their Rolls. The Earle of Argile his letter, excufing his abfence, alledged, that the brethren already affembled in Edinburgh were in armes, and fo far as he underftood, the reft were to come likewife in the fame manner, and he not being pri vie to ther proceedings, nor having get joined himfelf to them, therfor he could not at this time be prefent : In the mean time defireth, that no inno vations be attempted till the meeting of the other brethren ; fo much the rather, becaufe their adverfaries would not allow of their doings ; promifeth in the mean time to continue in the maintainance of true religion. The Commendator of Arbroth alledged the like reafons for his ab fence. C.J 1567. UNIVERSALL KIRK OF SCOTLAND. 101 Tenour of the Lettres of Excufation of the Erie of Argyle, of his abfence fra this Affemblie, followeth : After our moft heartlie coramendatiouns ; we have receavit gour wrytings, underftandand be the fame gour earneft travells and godlie geale in erecting of this our Kirk within Scotland, according to our dewties and gour Affem blie to this effect, quherunto ge have defyreit us ; get fomething having in admiratioun, that ge fould have affignit gour Affemblie, quherunto ge defyre the principall members of the haill Kirk, without their awin advyfe and uni verfall confent, having concurrit with them of befor, alfweil anent the places of Affemblie, as in matters to be treated in the fame ; be reafon the brethren els affemblit in Edinburgh ar in armes, and as we underftand the reft that are to come ther comes in the lyke manner, quhilk is farre by the ufe and accuf- tomit manner and fafhion that we have fein of befor ; and as it is not un- knowin unto gou quhat varietie is prefentlie in this realme, get not doubt ing their intents and mynds to be only directit as ge have afoir fhawin ; not theles, becaufe our brethren els affemblit in Edinburgh are in armes ac companied with men of warre, we not being participant with ther proceid- ing, neither get hes adjoynit ourfelves therintill, cannot at this tyme be prefent in the places appointit, according to gour defyre ; get alluring gou, lykeas in tymes paft we have not only bellowed our goods in the mantain- ance of Gods caufe, but alfo hes hazard our life and freinds in the fame fute, we mynd ftill to continue ; and fen the impediment of our conveining, al beit willing to all godlie proceidings, is for the caufes after fpecifiet, in the mean time we will earneftlie requeift gou, that no innovatiouns or altera- tiouns be made or attempted quhill our meeting, quhilk we trull to God falbe fhortlie ; fo that nane of our brethren, nor we in abfence, have oc- cafion to miflyke any of gour proceidings, becaufe fick grave matters re quyres ane comoun confent, alfweill in ther approving, as that they may be the better borne out ; for gour awin wifdomes, we doubt not, will confider the factiouns of our adverfares, that they will never allow our doings ; and therfor it is more than neceffar there be no diveriitie of mynds amangft ourfelves ; gea we will find all matters frame the better if we be all prefent when they are concludit. So not willing to impeafche gou with farder lettre, hes committed farther of our mynd to this bearer, gour fervitour, to whom pleafe give credit : And fwa comitts gou to God. Of But, the 28 day of Julij 1567- Yours, affurit in the Lord, Ar. Argyll. 102 THE BOOKE OF THE 1567. The tenour of the commendators of Arbroth, Killwinning, and my Lord Boyds excufatioun, aggrieing in all points as followes. After moft heartlie comendatiounes in the Lord Jefus ; we have receivit gour wryteing daittit at Edinburgh the 26 day of Junij, fhawand in effect, albeit God of his goodnes hes fend the light of the evangell of falvation within this realme to the great confort and profperitie of all the faithfull within this realme and ther pofteritie ; get nevertheles Satan with his minifters, at every light occafioun, hath fruftrat in tymes by paft the minifters of ther life and fuftentatioun, the lame and impotent members of Chryft afweill fruftrate of ther livings, dieing in the ftreits for hunger and cold, and the haill flock of Chryft Jefus within this realme continuallie threatened to be made facrifice of, be the practife of the enemies, as gour wry ting conteinis at lenth ; for in meiting of the quhilk, and provideing of remeid therto, ge defyre us to be in Edinburgh the 20 day of this inftant, at the Affembly of the Kirk, quherby ane perpetuall ordour may be takin for the libertie of the kirk of God, the fuftentatioun of the miniftrie and fail- geit members therof, fo that the haill members of the kirk might, be fure unioun and conjunctioun, be more able to gainftand the violence of the foirfaids enemies. For anfwer, it is not unknowin unto gou, how the nobilitie of this realme are devydit, be reafon of the Queens Majeflies haldin quher fcho is ; and that the towne of Edinburgh, quher ge defyre us to conveine, is keipit ftraitlie be one part of the nobilitie and men of warre of their retinew, to quhofe opinioun we are not adjoynit as get, and therfor we cannot thinke ourfelves fure to conveine the faid day and place ge defyre us to keip, and els thinks marvell the haill multitude of Proteftants within this realme fould have been defyreit to have conveinit in fick a place, the mat ter ftandand as it does. Nevertheles we for our awin pairt falbe weill willing at all tymes to fett fordward the light of Chrifts evangell to be truely preachit, and the minifters thereof to be fuftainit, and the furth fetting of the policie concerning the kirk in all forts, fo farre as it may ftand be ane law, lykeas we have bein in all tymes by paft, fen it pleafed God to opin our eyes and fhew the light of his bleffed word : And thus will cumber gou with no langer letter, bot prayes God to have gou in his eternall protec- tioun. Of Hamilton 29 of Julij 1567. Your loving freind at power, in all godlines, Arbrothe. 1567- UNIVERSALL KIRK OF SCOTLAND. 103 Aberdeine Excufatioun. Right Honourable and welbelovit Brethren : After our heartlie commen- datioun in the Lord Jefus, this prefent is to advertife gou that we have re ceivit gour letter, and at the requifition of our minifter and proveft having commiffion therto, hes fightit, fein, and confidderit gour wryting and act of the Generall Affemblie, in the quhilk is containit the great labours tane be Satan and his members, makand impediment to the proceidings of the evangell and foorth fetting of the glorie of God, fuftentatioun of the mi niftrie, the poore and neidie, and the contrair now to be provydit be the Affemblie Generall of the Chriftian kirk of this realme, now to be con veinit be the xx day of Julij inftant ; craveing of us our concurrence to the effect forfaid, together with our perfonall prefence. It fall pleafe gour wifdomes to underftand, and moft affuredlie to beleive us profeffours of the evangell within the burgh of Aberdeine, to be of ane mynd, and be the grace of God to continue to the manteinance of the furthfetting of the glorie of God, teaching of the true evangell, and fuftentatioun of the minifters, with help unto the poore ; and unto the tyme gour wifdomes with the nobilitie find ane ordour univerfall for the miniftrie, we fall for our awin pairt, God willing, fuftaine our minifter, fa that of reafon he fall have no caufe of plaint, and to the poore, according to our power, doe femblablie as uthers burrowes fall take ordour ; and as to our perfonall prefence to conveine at this tyme, hes givin and fend our minifter, Adam Herriott, to concurre and affift in our name to the effect foirfaid, and to declare unto gour wifdomes the impediment of our perfonall prefence at this tyme ; craveing gour wifdomes, notwithftanding of our abfence, to credit us faith- fullie to abyde at gour decrie, to be fett out be gou and the Affemblie to the effect foirfaid, and to mantaine the fame with our bodies and goods as tyme fall requyre. And farther having no occafion for the prefent to wryte, comitts gou to the protection of the Higheft. Wrytin the 12 of this inftant Julij, and fubfcrybit with our provefts hand, at our command at Aber- dein, be them that are gour affurit. Thomas Meingies. [The Affemblie appointed fome brethren to conveen in Mr James Mac- gills houfe, to vifite and advife upon the affignations made latelie be the Queen to the minifters, and of the payment thereof. C.J 104 THE BOOKE OF THE 1567- Seff. 3a- 23 Julij 1567. Certaine brethren was appointit to conveine to fie and advyfe upon the affignatioun of the ftipends of the miniftrie latelie affignit be the Queens Majeftie the good payment, who fand in effect as followes. We have fein the affignatiouns within the fchirefdomes of Kincardin, Forfare, Perth, and Fyfe, and finds that all the heale conteinit therin, at leaft for the moft part, hes bein thankfullie payit, and that the collectour hes givin his charges for payment therof dewlie, and refts nothing but to put them to the home ; that ther be lettres directit and commiffioun givin in the faids lettres, with confent of the thefa'urer, to collect and uptake the haill fruits of the benefices of fo many as paffe to the home for the lxvi geir, and ficklyke for the lxvii geir inftant, fo long as they remaine at the home, and to make count of the thrid to the miniftrie, and fa meikle of the twa pairt as they intromett with to the thefaurer as efcheitt. And as to the victualls within the forfaids fhyres, we find that long before any lettres raifit upon this affignatioun, and before the baptifme of the Prince, they were fauld be the comptroller ; and therfor he man be chargeit in his compts to rander fa meikle of the pryces heirof againe to the miniftrie as is containit in this affignatioun. Tuiching the thrids of the minifters affig natioun beyond Die, except Orknay, finds be the collector, that the lxvi geirs crope is not ufit to be payit whill Lammes in the lxvii geir and after ; and for executioun givin to him within the bounds, fall paffe with poffible diligence, and charge that haill bounds according to the lettres, of the quhilks he fuppones good payment as hes bein of befoir, except the bifhop- rick of Caithnes, quhilk the collector alledges the bifchop payes to his minifters of his awin kirks, conforme to the booke and compts made of befoir. Item, Deare, Dunet and Pillorth are givin frie to the Erie of Mar fchell and freirs of Aberdein, and Captaine Lauders ; bot it is underftand that all the gifts are revockit, and therfor the collector is to charge them. Item, that victualls within the fame bounds are fauld ut fupra ; and therfor the comptroller in his comptis fall rander conforme to the 1 Article. Item : be fouth Forth nothing gotten in ; bot the collector alledges that Duncane Livingftoun hes tane up ijc xxxvij ii. ij s. ij d. as he hes 1567- UNIVERSALL KIRK OF SCOTLAND. 105 grantit be the particular reffaitt, and therfor he man be chargit to delyvor the fame to the faid collector. Item, of the thrids that is conteinit within this collectorie, that is alled git difcharged. The thrid of the Abbay of Cambufkineth to iijc xxxiij ii. ij s. 8 d. iij chalder beir, and iij chalder meill. The thrids of [InchmahomoJ lv fi. 6 s. 8 d. ij chalders beir, iij chalders meill. The thrids of Drybrugh, iijc iiij ii. and 62 pairt boll wheit, viij chalders, 2 bolls, 2 pairt boll beir, vij chalders, x bolls, 2 pairt boll meill. The thrids of Melrofe, Haddingtowne and Northberwick ; the thrid of Kelfo and Coldinghame. As to Dumfrieis, Annandaill, Kirkudbricht and Wigtown, the Bifchop of Galloway hes deput certaine collectors for fatiffaetioun of the miniftrie within the fame. Item, within Kyle, Carrick, Cunninghame, executiouns paft, and be- leivis to have payment at the nixt ganging in the countrey. Item, Cors- raguell is givin frie, and the minifter of Failfuird is ill payit. Memorandum. That the Act be raifit made be the Queens Grace and Secreit Counfell, difchargeand the gifts and taks of all the thrids ; and that nane fould be givin heirafter without advyfe of the Secreit Counfell, to the effect the collector may charge notwithftanding any tick gifts. Remember that ilk collector execute within his bounds, that lettres be directit with confent of the thefaurer according to the firft Article. [Seff. 4ta- 24 Julij 1567. It was thought expedient that the portions affigned to the minifters for 1566 gears be diftributed be the collectors already appointed, and that they diftribute the fame, according to their rolls to be given be the fuper intendents and commiffioners which are to be appointed in this Affemblie where there are no fuperintendents, to the faid collectors. The tennor of the Commiffion which is to be given to the Revifer of the Rolls of Minifters Stipends. At Edinburgh, the 24 day of Julij I567. The whole Affemblie in one voice thought meet, anent the affignation of money and victuals be the o 106 THE BOOKE OF THE 1567- Queens Majefty, for the fuftentation of the miniftry the 1566 gears, that the diftribution therof fhall be made be the collectors already appointed, according to the tennor of the rolls of appointment of ftipends, which the fuperintendents and commiffioners to be appointed fhall receave from the keeper of the book of the minifters ftipends ; and after the faid fuperinten dents and commiffioners have diligently marked thefe that are dead, or have not diligently waited on their charges, as they will anfuer to God and the kirk therupon, to deliver the rolls to the faid collectors, to every ane within his own bounds ; commending the collectors to pay every mi nifter, exhorter and reider, the thrid part of that appointed in the rolls forfaid, the fuperplufs to be made compt of to the Affemblie. Seff. 5*- 25 Julij 1567. The articles advifed upon and formed be fuch as were chofen in the firft feffion, were read publictly in prefence of the whole nobility and brethren affembled, and were allowed be them all who were prefent, and fubfcribed firft be the nobility, and after be the barons, fuperintendents, and com miffioners of towns. It was ordained, that the commiffioners appointed in the laft Affemblie fhould every one of them have an authentic coppie of the articles, fubfcribed be the clerk of Affemblie, or Alexander Hay fcribe to the Secret Counfell ; and that the faids commiffioners require all and fundry earles, lords, barons and other faithfull brethren, who excufed themfelves for not giving their perfonall prefence to this Affemblie, to fubfcribe the faid articles with the reft of their brethren, according to their promifes made be word or be write ; with certification to them that refufe, that the kirk hereafter will not repute them as members of their body ; and to return the rolls of the faid articles, fubfcrived be the fcribe of the Affemblie, to the effect their fubfcriptions may be fet down in the Regifter with the reft. C.J Articles. The noblemen, barrons, and uthers under-fubfcryveand in this prefent Affemblie of the kirk of God, hes aggriet and condifcendit to the articles after following, at Edinburgh, 20 July 1567- 1567. UNIVERSALL KIRK OF SCOTLAND. 107 In the firft, forfameikle as there was ane parliament haldin in this realme before the Queens Majefties arrivall in the fame, be the eftates conveinit for the tyme, authorized with her Hienes awin power and com miffion, in the quhilk parliament it was concludit, that the religion of Jefus Chryft then univerfallie receivit within this realme, fould be univer- fallie eftablifched and approvit within the fame, and all papiftrie with the papifts ufurpit jurifdictioun, all idolatrie, and in fpeciall the blafphemous mefs, be abolifchit and simpliciter put away, as the Acts made therupon purportis ; quhilk Actis, together with the Queens Majefties power to hald the fame parliament, the noblemen, barrons, and uthers under-fubfcry- veand, willis to be extractit and put in full executioun as ane publick law, and that the tranfgreffours therof be punifhit according to the fame, throughout the whole realme without exceptioun. Quhilk parliament, in all things concerning the religioun, they fall defend and mantaine at ther uttermoft in the firft parliament quhilk falbe haldin, and at all uther tymes and occafiouns convenient. Item, that the Act already made towards the thrids of the benefices within this realme, principallie for fuftentatioun of the miniftrie, may be dewlie put to executioun, according to the ordour of the Booke of the ap pointment of minifters ftipends, afweill for them that are to be appointit as for them already placeit, and that the minifters be firft dewlie anfwerit and fufficientlie fuftained of the fame, to the releife of ther prefent necef fitie, and quhill ane perfyte ordour may be tane and eftablifchit toward the full diftribution of the patrimonie of the kirk according to Gods word ; and that alfo the ordinance made be the Queens Majeftie and her counfell toward the fmall benefices, now extending to the valour of thrie hundreth marks, be dewlie put to executioun, alfweill toward the benefices quhilk hes vaikit fen the dait of the faid ordinance, as concerning them that fall happin heirafter to vaik ; and fick lyke the act made toward the anualls, obitsa and altarages of burrowes. Item, how foone ane lawfull Parliament may be had, or that the occa- fioun may utherwayes juftlie ferve, the nobills, barrons, and uthers of the kirk after fubfcryveand, fall labour and preafe to ther uttermoft, that the faithfull kirk of Jefus Chryft profeft within this realme, falbe put in full libertie of the patrimonie of the kirk, according to the booke of God, and the ordour and practife of the primitive kirk ; and that nothing fall paffe in parliament unto the tyme the matters of the kirk foirfaid be firft confi- 108 THE BOOKE OF THE 1567. derit, approvit and eftablifhit ; and in the meanetyme the profeffours under- fubfcryveand confents and offers to reform themfelves according to the' book of God, quhilk they fall put in practife, and the refufers and contra- veiners to be fecludit fra the bofome of the kirk. And moreover, in the faid nixt Parliament, or utherwayes at the firft occafioun, ordour falbe tane for eafe of the poore labourers of the ground, toward the payment of there teinds in reafonable maner, and how the fame fall not be fett over there heids without ther advyfe and confent. Item, that nane be admittit nor permittit heirafter to have charge over fchooles, colledges or univerfities, or get opinly or publicklie to inftruct the gouthheid, bot fick as hes bein tryed be the fuperintendents and vifitors of the kirk, falbe found found and able in doctrine, and admittit be them to ther charges. Item, that all crymes, vyces, and offencis committit agains Gods law, may be feverely punifhit according to the word of God ; and quher lawes are prefentlie appointit for the punifhment, and judges alfo to that effect deput, that the execution be made therupon as effeirs ; and quher neither law nor judges are appointit for fick crymes as are to be punifhit be the law of God, that in the firft parliament the fame judges may be appointit, laws eftablifhit, as God commands in his word. Item, that fen the horrible murther of the King, the Queens Majefties hufband, is fo odious not only before God, but alfo the whole world, be continuall infamie and fhame to this haile realme, if the fame murther fall not be punifhit accordinglie j therfor the noblemen, barrons, and uthers underfubfcryveand fall with all ther forces, ftrenth and power, concurre and aifift to take plaine part together, to further and mantaine the punifh ment of the faid murther on all and quhatfomevir perfons that falbe found guiltie of the fame, feeing the plague of God fall not depart from the countrey or towne wher innocent blood is fhed, befor the fame falbe cleanfit be fliedding the blood of the offenders. Item, fen it hes pleafit Almightie God of his mercie to give ane native prince to this countrey, appeirand to be our foveraigne, to the end he be not cruellie and fhamefullie murtherit as his father was, the nobilitie, bar rons, and uthers underfubfcryveand, fall affift, mantaine and defend the prince againft all that wald violently oppreffe him or doe him injurie. Item, that all kings, princes, and magiftrates quhilk heirafter in any tyme to come fall happin to beare reigne and rule over this realme, [atj ther 1567- UNIVERSALL KIRK OF SCOTLAND. 109 firft entres befor they be crownit and inaugurat, fall make ther faithfull league and promife to the true kirk of God, that they fall mantaine and defend, and be all lawfull meanes fett fordward, the true religioun of Jefus Chryft prefentlie confeffit and eftablifhit within this realme, even as they are obleifchit and aftrictit in the law of God, afweill in Deutronomie as in the fecond chapter of the Booke of the Kings ; as they crave obedience of there fubiects, fo the band and contract to be mutuall and reciproque in all tymes eomeing betuixt the prince and God, and alfo betuixt the prince and faithfull peiple according to the word of God. Item, that the prince whom God hes givin us, alfweill for his furetie as good educatioun, fall be comittit to wife, ancient, godlie and learned men of the realme, to be brocht up within the fame in the feare of God and virtue, wherby he may fo profit in his gouth, that when he fall come to his geirs of majoritie, he may be able to difcharge himfelfe of that honour and place quherto he falbe callit, and prove that good king quhilk with all ther hearts they wifch him to be. Item, the nobilitie, barrons, and uthers of the kirk underfubfcryveand, in the prefence of God hes faithfullie promifeit to conveine themfelves, together with ther power and forces, and heir to begin to ruit out, deftroy and alluterlie fubvert all monuments of idolatrie, and namely, the odious blafphemous meffe, and therafter to goe fordwart throughout this whole realme, to all and fundrie places quhatfumevir idolatrie is foflred, hanted or maintained, and cheiflie quher meffe is faid, to execute the reforma tioun forfaid, without exceptioun of place or perfons ; and fall to the utter moft of ther power remove all idolaters, and uthers that are not admittit to the miniftrie of the kirk, fra all funetioun therof, afweill privat as pub lick, that they hinder not the miniftrie any maner of way in ther vocatioun ; and in place of the premiffes, fett up and eftablifh the true religioun of Jefus Chryft throughout this haill realme, be planting of fuperintendents, minifters and uthers neidfull members of the kirk ; feeing the holt of the Lord fall paffe through the whole countrey to this effect, and alfo fall proceid to the punifhment of idolaters, according to the lawes therupon pronouncit, and fick lyke fall punifch and caufe be punifchit all uther vyces that prefentlie abounds within this realme, quhilk Gods law and the civill law of this realme comands to be punifhed, and cheiflie the murther of the King laitlie comittit. And in lyke maner promife faithfullie to reforme fchooles, colledges, and univerfities throughout the whole realme, HO THE BOOKE OF THE 1567; and expell and remove the idolaters that hes charges therof, and uthers quho hes not get joynit themfelfe to the true kirk of Chryft, and plant faithfull inftructors in ther rowmes, to the effect that gouth be not infedlit be poyfonable doctrine at the beginning, quhilk afterward cannot be well removeit away. Followes the fubfcriptioun of the Erles, Lords, Barrones, and uthers Comiffioners prefent for the tyme. Mortoun, Glencairne, Mar, Hume, William Lord Ruthven, Sanchair, Patrick Lord Lindfay, Grahame, Lord Innermaith, Ochiltree, Sir James Balfour, James M'Gill, Tullibardin Comptroller, William Maitland, John Erfkine, John Wifchart, Glenbervie, John Cunighame of Drumquhaffill, William Kirkadie, John Cathcart of Cariltown, William Moncreiff, Drum- langrick, Bargany, Andro Wood of Largo, Andro Stewart, Robert Fairlie of Braid, Archibald Wood, George Barclay of Mathirs, George Corrie of Kelwood, George Hoome of Spott, Mr William Lundie, Gilbert Ken nedy of Dalquharrane, John Melvill of Raith, Quhittinghame, Raffyth, Baro, Pittencreiff, Andro Car in Faudonefyde, Thomas Scott of Harne, Robert Cambell, Henrie Grahame, Johne Fullerton of Dreghorn, Alex ander Guthrie of that ilk, William of Craigings, Williame Durhame of Grange, Thomas Difchingtoun, Thomas Scott of Thirlftoun, George Straiton of that ilk, Alexander Creichtoun of Karko, Mr John Wood, Alexander Ogftoun of Fethercarnie, Patrick Kyninmonth, Robert Lind fay, Thefaurer, John Colles, William Meingies, John Mellvill, William Edmeiftoun of Duntreith, Robert Murray, John Schaw, John Stewart of Minto, Gilbert Ogilbie of that ilk, James Chalmer of Gaitgirth ; Comiffioners of townes, for Edinburgh, Alexander Clark bailgie, Mr Clement Litle, Mr John Preftoun, Mr Richard Strang ; for Air, Paul Reid, Richard Bannatyne, Gilbert M'Millane ; for Irwin, Alexander Cuninghame, Alexander comendator of Culros ; for Glafgow, Mr David Weymis, James Boyd ; for Jedbrucht, William Howburne, Alexander Forrefter. [Names of thofe that fubfcribed afterward at the defire of the Commif fioners. William Chirnefyde of Eiftnifbet, Kenneth M'Kengie, Robert Monro of Foulis. C.J 1567- UNIVERSALL KIRK OF SCOTLAND. Ill A.D. M.D.LX VL*. The Convention of the Brethren, haldin in Edinburgh the 15 of December 1567 geirs, befor the Generall Affemblie of the haill Kirk to begin the 25 of the month forfaid. Firft, were nominat and chofen for every province certaine brethren to reafon and conferre upon fick things as appeirandly fould be neceflar for fetting fordward the affaires of the kirk, without prejudice of the Generall Affemblie and actiouns therof. xxii Decembris 1567. Anent the crymes of inceft and adulterie, and punifhment to be takin theranent in the nixt Generall Affemblie, the brethren prefentlie conveinit thinks it neceflar that every minifter, with the elders and deacons, fall fearch out within ther awin bounds at ther feffiouns the foirfaid crymes, if they be notour ; therafter to fignifie the fame to the fuperintendent of the dyocie at his fynodall conventioun ; and he therafter to notifie the fame to the fupreme magiftrat, requyreing him to minifter juftice and punifch fick haynous offences according to the law of God, as he will anfwer to that Supreme Judge at that day when no refpect of perfons falbe had : And wher no fuperintendent is get placed, that the minifters, elders, and dea cons, declare the faids crymes to the Generall Affemblie, to the effect forfaid. 112 THE BOOKE OF THE 1567. A. D. M.D.LXVII. The Generall Affemblie of the Kirk conveinit in Edinburgh, in the Nether Tolbuith therof, the 25 of December 1567. In the quhilk were prefent Erles, Lords, Barrones, Superintendents, Minifters, and Comiffioners of Townes and Kirks. The invocatioun of Gods name was made be Mr Johne Craig ane of the Minifters of Edinburgh. For efchewing of confufioun in reafoning in this prefent Affemblie, was chofen Mr Johne Row minifter of St Johnftoun to be moderator. [The Superintendent of Fife was complained upon for not vifiting kirks, nor teaching in kirks fubject to his charge, nor taking up crymes and offenfes to be punifhed. Adam called Bifhop of Orkney, Commiffioner for Orkney, being abfent, was delated for not vifiting the kirks of his country, but from Lambmefs to Hallowmefs. Item, That he occupied the room of a judge in the feffion, the fheep wandering without a paftor. Item, Becaufe he retained in his own companie Sir Francis Bothuell, a papift, to whom he had given b enefices, and placed a minifter. Item, Becaufe he folemnized the marriage o f the Queen and the Earl of Bothuell, which was altogither wicked, and contrair to Gods law and ftatutes of the kirk. Alexander called Bifhop of Galloway, commiffioner, was accufed, That he had not vifited thefe three years bygone the kirks within his charge ; that he had left off the vifiting and planting of kirks, and he haunted Court too much, and had now purchafed to be one of the Seffion and Privie Councell, quhich cannot agree with the office of a paftor or bifhop ; that he had refigned Inchchaffrey in favours of a young child, and fet diverfe lands in feu, in prejudice of the kirk. 1567. UNIVERSALL KIRK OF SCOTLAND. 113 Certain commiffioners were appointed to vifit kirks : Mr John Knox minifter of Edinburgh, was appointed to affifl the fuperintendent of Louthian, in his vifitation from Stirline to Berwick, and therafter to vifit Kyle, Carrict, and Cuninghame. C] Seff. 2<3a- 26 December 1567. [Mr John Craig, David Lindfay, George Buchanan Principall of Sanct Leonards Colledge, and Mr George Hay, or any two of them, were ap pointed to direct their edicts to all minifters, elders, and deacons of kirks, under the Superintendent of Fife his charge, to compear at Couper the 22d day of Januar, with their complaints againft the faid fuperintendent, to try and report to the nixt Affemblie. C] The haill kirk affemblit thoght it meitt, that certaine brethren be ap pointit to concurre at all tymes with fick perfons of parliament or fecreit counfell as my Lord Regents Grace hes nominat for fick affaires as per taines to the kirk and jurifdictioun therof, and alfo for decifions of quef- tiouns that may occurre in the meane tyme, whofe names followe : Mrs Johne Knox, Johne Craig, minifters of Edinburgh, the fuperintendents of Angus and Lowthiane, David Borthwick, Thomas M'Calgean, Mr David Lindefay minifter of Leith, George Hay of Ruthwen, and Johne Row of St Johnftoun. [Mr Clement Little, Alexander Sim, and Richard Strang, were ap pointed Procurators, to defend and purfue all Actions pertaining to the Kirk, before whatfoever Judge or Judges ; Mr George Makefon was chofen Solicitor, James Nicolfon was Comptroller, keeping the rentalls of the Thirds of Benefices, and Affumptions therof. C] Seff. Sa- 28 Decembris 1567. [The Lairds of Braid, Whittinghame, and Elphingftone, Mr Alexander Arbuthnot, John Braid minifter, were joyned to the Brethren nominat in the Second Seffion, appointed to concur with the Lords of Secret Counfell for decifion of queftions after the Affembly. C.J Ordaines that Superintendents and Commiffioners appointit fall plant 114 THE BOOKE OF THE 1567. Minifters vacand in fick rowmis wher the parochiners will gladlie fuftaine them on their awin expenfis, whill uther ordour be had ; and that they re move none out of the rowmes, being found qualified, without advyfe and confent both of the Kirk and Minifter that is found worthie of the place. Seff. 4a- 30 Decembris 1567. [Mr Patrick Craigh minifter of Ratho, for celebrating the marriage of James Lindfay, and a woman whom he had abufed in fornication, without proclamation of bands or a teftimonial therof, and upon a ferial day, con- trair to all order eftablifhed in the Kirk, and chiefly ane Act made in De cember 1565, was fufpended from his miniftrie, and lifting up of his fti pend. C] Anent the accufatioun laid to my Lord Argyles charge, tuitching the feparatioun betuixt him and his wyfe, declarit that he was not the occa fioun therof. As to uther offences quhatfoever, quherthrow he hes bein any wayes flanderous to the Kirk, he was content to fubmitt himfelfe to the difcipline of the Kirk at all tymes moft willinglie ; and therfor the Kirk ordainit the Superintendent of Argyle to take tryall of the faids flanders committit be the faid Erie, and therafter to caufe fick fatiffaetion be made as Gods law appoints, and to report the ordour therof to the nixt Gene rall Affemblie of the Kirk, together with his awin diligence in execution of his office of Superintendentrie. [The Bifhop of Galloway, accufed for neglect of preaching and over- feeing the kirks within his jurifdictioun thefe three years bygone, and at tending upon Court, Seffion and Secreit Counfell. He granted that he offended in all that was laid to his charge. His Commiffion continued till the nixt Affemblie, with admonition to be diligent in vifitation. C.J Anent the Mariage of the Queine with the Erie of Bothwell, be Adam callit Bifchop of Orkney, the haill Kirk finds that he tranfgreft the act of the Kirk in marrying the divorcit adulterer ; and therfor depryvis him fra all functioun of the miniftrie, conforme to the tenour of the act made therupon, ay and quhill the Kirk be fatiffied of the flander committit be him. The fame day, Mr Johne Craig was bruitit for proclameing the bands betwixt the Queine and the Erie Bothwell ; who anfwerit be word, juftifie- 1567. UNIVERSALL KIRK OF SCOTLAND. 115 ing his proceidings theranent, and was ordainit to give in his purgatioun in wryte, to the effect that his good mynd and proceidings may be knawin to all and fundrie that heirafter wald be fatiffied heiranent. Tenour of the forfaid Purgatioun. To the end that all that feares God may underftand my proceidings in this matter, I fall fhortlie declare what I did, and what moved me to de fend the fame, leaving the finall judgement of all things to the Kirk. Firft, be the requeift of Mr Thomas Hepburne, in theQueins name, to proclame her with my Lord Bothwell, I plainly refufeit becaufe he had not her hand wryte ; and alfo the commoun brute that my Lord had both ravifcht her and keipt her in captivitie. Upon Wedinfday nixt, the Juftice Clerk broght me ane wryting fubfcryvit with her hand, bearing in effect, That fho was neither ravifchit, nor get retainit in captivitie, and therfor chargeit me to proclame. My anfwer was, I durft proclame no bands (and cheiflie fuch) without confent and comand of the Kirk. Upon Thurefday nixt, the Kirk, after long reafoning with the Juftice Clerk and amangft the brethren, conclu dit that the Queines mynd fchould be publifhit to her fubjects thrie next preaching dayes ; but becaufe the Generall Affemblie had prohibited all fick marriages, we proteftit we wold neither folemnize, neither get approve that mariage, bot wald only declare the Princes mynd, leaving all doubts and dangers to the counfellours, approvers and performers of the mariage. And fo upon Fryday nixt, I declarit the haill mynd and progreffe of the Kirk, defyreing every man in Gods name to difcharge his confcience befor the Secreit Counfell, and to give boldnes to vthers. I defyrit of the Lords ther prefent tyme and place to fpeake my judgement befor the pairties, protefting if I were not hard and fatiffied, I either wald defift from proc'laming, or els declare my mynd publicklie before the Kirk. Therfor being admittit after noone before my Lord in the Counfell, I laid to his charge the law of adulterie, the ordinance of the Kirk, the law of ravifching, the fufpicioun of collufioun betwixt him and his wyfe, the fudden divorce ment, and proclaming within the fpace of foure dayes, and laft, the fufpitioun of the Kings death, quhilk her mariage wald confirme. Bot he anfuerit no thing to my fatiffactioun ; quherfor after many exhortatiouns, I proteftit that I could not but declare my mynd publicklie to the Kirk. Therfor, upon Sonday, after I had declarit quhat they had done, and how they wald pro- 116 THE BOOKE OF THE 1567. ceid quhither we wold or not, I tooke heavin and earth to witnes that I abhorrit and deteftit that mariage, becaufe it was odious and flanderous to the world ; and feeing the beft part of the realme did approve it, either be flatterie or be their filence, I defyrit the faithfull to pray earneftly that God wald turne it to the comfort of this realme, that thing quhilk they intendit agains reafon and good confcience. I, becaufe I heard fome perfons gangand againft me, ufit thir feafons for my defensis : Firft, I had brock- in no law be proclaming of thir perfons at their requeft ; fecondlie, if their mariage was flanderous and hurtfull, I did weill in forewarning of all men of it in tyme; thirdlie, as I had of duetie declareit to them the Princes will, fa did I faithfully teach them be word and example what God craveit of them. Bot upon Tuefday nixt I was callit befor the Counfell, and ac- cufeit that I had paft the bounds of my commiffioun, calling the Princes mariage odious and flanderous befor the world. I anfuerit, The bounds of my commiffion, quhilk was the word of God, guide lawes and naturall reafon, was able to prove quhatfoever I fpake ; gea that their awn confcience could not but beare witnes that fick a mariage wald be odious and fcan- dalous to all that fould heir of it, if all the circumftances therof were right- lie confidderit : Bot quhill I was coming to my probatioun, my Lord put me to filence and fend me away. And fo upon Wedinfday, I firft repeit- ed and ratified all things befor fpokin, and after exhortit the brethren not to accufe me, if that mariage proceidit, bot rather themfelves, who wold not for feare oppone themfelves, bot rather fharpit their tongues againft me becaufe I admonifhed them of their duetie, and fufferit not the cankerit confciences of hypocrites to fleip at reft, protefting at all tymes to them that it was not my proclaming bot rather their filence that gave any lawfulnes to that mariage. For as the proclaming did take all excufe fra them, fo my privat and publick impugnatioun did fafe my confcience fufficiently ; and this farre I proceidit in this mariage, as the kirk of Edinburgh, Lords, Erles, and Barrones that heard me will beare me witnes. Now feeing I have been fhamefullie ffanderit both in [England and] Scotland, be wrong informatioun and falfe report of them that hateit my miniftrie, I defyre firft the judgement of the Kirk, and nixt the fame to be publifhit, that all men may underftand quhither I be worthie of fick ane brute or not. 1567. UNIVERSALL KIRK OF SCOTLAND. 117 Seff. 5s- ultimo Decembris 1567- [The power of commiffioners appointed to vifit and plant kirks, was li mited in manner following : They are to confider what perfons poffefs benefices within the bounds of their vifitation, how long, and at whofe prefentation, alfo their qualities and fufficiencies : And if any vaick in the time of their prefentation, to difpone the fame to qualified perfons, being prefented be the right patrons ; and if they difpone any benefice to un qualified perfons, they fhall underly the cenfure of the kirk at the nixt Affemblie, fhall be punifhed accordingly, and the benefice fhall be bellow ed upon another who is qualified. C.J Anent the complaint givin in againft my Lady Argyle, declaring how fho once, being at the table of the Lord Jefus, and profeffing his Evangell, had revoltit therfra in giving her affiftance and prefence to the baptizeing of the King in a Papifticall maner. The faid Ladie being prefent, grantit that fho had offendit to the eternal God, and bein ane flander to the Kirk, in committing the premiffe, and therfor willinglie fubmittit her felfe to the difcipline of the Kirk and difcretioun of them. Therfor the Kirk ordaines the faid Ladie to make public repentance in the Chappell Royall of Strive ling, upon ane Sonday in tyme of preaching, and this to be done at fick tyme as the Kirk heirafter fall appoint be the fuperintendent of Lowthiane, provydeing alwayes it be before the next Affemblie. [Twelve or thirteen brethren wer appointed to conveen and choofe Collectors, for uplifting and inbringing the Thrids of Benefices in every province, and enjoin what every one of them fhall obferve. The Kirk prefently affembled in the Tolbooth of Edinburgh, hath elect ed, nominat, made, conftitute and ordained, and be the tennor hereof elects, makes, nominates, conftitutes and ordaines their beloved Brother N. their collector within the bounds of N. granting, giving, and commit ting to him full power, authority, fpecial command, and charge, to afk, crave and receive, in name of the faid Kirk, intromett and uptake all and fundrie the thrids of whatfomever benefices lying within the faid bounds ; together with the whole fruits of common kirks, and all other common rents ; whole fruits and rents of Freirs lands, places and livings ; whole fuperplus omitted, and benefices or chapplanries not given up in rentalls, lying within the bounds above fpecified, which are now be Parliament givin and affignedto the Miniftrie of the Kirk, of the crop and year of God 118 THE BOOKE OF THE 1567. 1567 years inftant, and ficklike yearly in time coming, quhill he be law fully difcharged ; acquittances and difcharges thereupon to make, give and fubfcrive ; and generally all and fundry other things to doe and exerce, that to the office of collectorie in fuch cafes, by law and confue- tude, is knowen to pertain ; firm and ftable holding and for to hold all and whatfomevir things the faid collectors doeth in the premifes, or lawfully leadeth to be done ; provyding alwife that he ufe the faid office of collec torie, and behave himfelf therin, according to the injunctiouns given to him therupon ; and make compt reckoning and payment of his intromif- fions, after the form and tenor therof, Givin in the General Affemblie, and fifth Seffion therof. The Tennor of the Caution for everie Collector, according to the Injunctions, followeth : We N. and N. Forfameikle as the Affembly holden at Edinburgh the 2d of Januar 1567 years, hath made and conftitute their loving brother N. within the bounds of N. collector, and hath made and given to him cer tain injunctions, with commiffion for ufing of the faid office for the crop and year of God 1567 years inftant, and ficklike yearly, and in time com ing, quhill he be lawfully difcharged, as at more lenth is contained in thefe faid injunctions and commiffion : Therfor we bind and obleige ourfelves, our Heirs, Executors and Affigneys, to Mrs Clement Little and Richard Strang, Procurators for the Kirk, and in their names, that the faid N. fhall truely, leilly and diligentlie ufe and exerce the faid office, to the weel and utility of the Kirk, without fraud or guile, according to the commiffion and injunctions given to him therupon ; and fhall make reckoning and thank full payment of his intromiffions during all the time of his office ; and if he fail, we fhall refound and pay to the Kirk all and whatfomever things the faid N. fhall happen to be addebted to them, during all the time for faid : And for more fure payment of the premifes, we are content and confents that this our affignation be acted in the books of Counfel, and decerned to have the ftrength of a deereit of the Lords, and executorials to paffe thereupon in form as effeirs. And I the faid N. bind and oblige me myfelf, my heirs, executors and affigneys, to free, releeve and keip fkaithlefs the faid N. and N. my foverties, &c. In witnefs of the whilks, we have fubfcrived this obligation with our hand at Edinburgh the day of 1567- UNIVERSALL KIRK OF SCOTLAND. 119 It is required, that every collector be known to be of found religion ; that they fhall do their office without fufpicion of fraud or avarice, make payment to every fuperintendent, commiffioner of the Kirk, minifter or reader living within their bounds, of the ftipend appointed to them quarterly, at four terms in the year, and that the faid payment be made to every one that ferveth that hath ftipend or fee, at their own houfes, that they be not compelled to feek abroad, and leave their vocation : That where the rental beareth victuall, they fhall not have power to fell the victuall or any part thereof, or fett price thereupon, but be the advice of the Affembly allenerly, or fuch as they fhall deput commiffioners thereto in every province ; and that the faid collectors fhall have their hand-writs to fhew at their compts, and fhall fell no victuall till the minifters be firft furnifhed, or els refufe to receive the famein upon the. prices which fhall be appointed : And if the poor labourers be not able for povertie to de liver the bolls, he fhall take no higher prices than is appointed, nor put up in the garnehNvhere he may have the prices befor appointed. Item, that they fhall not drive time fraudulently, in payment of minifters ftipends ; that they be not compelled through neceffity to give acquittances of greater fumes than they fhall happen to receave, or take the victualls at dearer prices than fhall be appointed : And if it be known that he hath dealt fraudulently or covetoufly, to the hurt either of minifters or fub jects, that he fhall incurr the pain of twa hundereth pounds, to be applyed to godlie ufes. Item, That they fhall make a juft account to the Affembly, or others to be appointed to receave the fame, of their particular intromilfions with their foirfaids thrids, and make faithfull payment of the fuper- pluffes refting in their hands above the payment of the minifters, or els give in letters of horning fufficiently execut and indorfed, of their dili gence. Item, That they refign their office in the hands of the Affembly, whenfoever they fhall be charged, or found negligent or fraudulent. Item, That they find fome fufficient landed man or burgefs, cautioner, one or more if one be not fufficient for the faithful adminiftration of their office, under pain of refounding all damages, fkaiths, and entrefs which the Kirk or any member therof fhall fuftain through their defaults, the famein being fummarily liquidat and known, and lofs of their office ipfo facto, and under pain before expreffed in the fourth Article. 120 THE BOOKE OF THE 1567. Seff. 6ta- ... January 1567- The Superintendent of Angus prefented a fupplication in write, or rather a dimiffion of his office of fuperintendantrie, be reafon he was not able to difcharge that office in refpect of his age and infirmity : The Af fembly notwithftanding would not accept this his dimiffion, for divers re- lpects, to be fhown to the faid fuperintendent, and continued him in the faid vocation till farder advifement. Seff. 7ma- • • • January 1567- It was ordained, That a letter fould be fent to England to Mr Willocks to requeft him to return ; the tennor wherof followeth. Videbam Satanam ficut fulgur de ccelo cadentem. As the Lord our God hath at all times been from the beginning of this his work of reformation and reftitution of the purity of his true worfhip and religion within Scotland, loving brother in the Lord, moft beneficial! and bountifull toward this realme, fo hath he now be this laft, but moft miraculous victory and overthrow, poured forth in greateft abundance the riches of his mercies, in that not only he hath driven away the tempefl and ftorm, but alfo hath quited and calmed all fourges of perfecution ; as now we may think weal our fhip is receaved, and placed in a moft happy and bleffed port ; our enemies, praifed be God, are dafhed ; religion eftablifhed ; fufficient provifion made for minifters ; ordour taken, and penaltie appointed, for all fort of tranfgreffion and tranf- greffours ; and above all, a godly magiftrat, whom God of his eternall and heavenly Providence hath referved to this age, to put in execution whatfoever he by his law commandeth. Now then, loving brother, as your prefence was to us all in time of trouble moft comfortable, fo it is now of us all univerfally wifhed, but moft earneftly craved be your own flock, who continually at all Affemblies have declared the force of that conjunction, the earneftnefs of that love, the pith of that zeal and mutual care that bindeth the paftor with his flock, which neither be progrefs of 1567- UNIVERSALL KIRK OF SCOTLAND. 121 time is diminifhed, nor be feparation and diflance of places reflringed, nor yet be -tyrannie and fear diffolved. True it is, that at this their moft earneft and juft petition, we have ever ftill winked this time paft ; not but that to us all your abfence was moft dolourous ; but in refpect of troubles, we judged more meet to await for fuch opportunity as now God, in this moft wonderfull victory of his evangel, hath offered : Therfor feing all impediments are removed, and your flock ftill continueth in earneft fuit for you, and now every where throughout the realme commiffioners and fuperintendents placed, and one offered to them, and be them refufed altogither, awaiting for you ; we could no longer ftay, but agree to this their defire, in fuit whereof neither through fear have they fainted, nor by charges retarded, nor yet by any kind of offer defifted ; and as we have been moved to grant to them that which they have thus humbly and con tinually fuited, we cannot but perfwad ourfelves but ye will fatiffie the fame ; neither can we think that the fhepherd will refufe his flock ; that the father will reject the juft petition of his fon ; leaft of all, that the faithfull fervant of God will fhut up his ears at the voice and command ment of the Kirk, or yet deny his labours to his own country. The time is proper now to reape with blythneffe that be you before was fowen in tears, and enjoy the fruit of your moft wearifome and painfull labours. It fhall be no lefs pleafant to you to fee your own native country at liberty and freedom, quhich ye left in mourning and fobbing, under the heavie burden of moft cruell fervitude, then comfortable to behold the religioun of Jefus Chrift throughout all the realm flourifhing, vertue increafing, vertuous men in reputation ; and finally to embrace thofe dayes, quhich howfoever hath been be your felf moft pioufly defired, yet could ye never look to obtain the fame. Now, at laft to conclude, unlefs ye will be ane enemie to your country, ye will not refufe thefe requeifts ; unlefs ye will be ftubborn and difobedient, ye will not contemn the commandment of the Kirk ; unlefs ye will be carelels and unthankfull, ye will not difpife the humble, continuall and earneft fuit of your flock ; and laft we affure our felves, that ye are not fo aftricted and addicted to your own particular, as that this generall and common caufe fhould be in anywife be you neglected. Now fhall ye fee the kaipftone of that work wherof ye laid the foundation. Thus we cannot look for any other anfwer then ye fhall give be your felf, and that with all expedition poffible. Our ftate, ye know, is not fo fure but we ever ftand upon our watches ; but that, we know, will not ftay o. 122 THE BOOKE OF THE 1567. you, feing your compt is fo laid. Thus we commit you to the protection <$f our Lord Jefus. At Edinburgh, in our Generall Affembly, and feventh feffion therof. C.J 1568. UNIVERSALL KIRK OF SCOTLAND. 123 A.D. M.D.LXVIII. The Generall Affemblie of the Kirk conveinit in Edinburgh, in the Nether Tolbuith therof, the firft day of July 1568 : In the quhilk was prefent the Nobilitie, Superintendents, Minifters, and Com miffioners of Townes and Kirks. Thanks was given to God, and fupplicatioun made for his affiftance of his Holie Spirit, be Mr Johne Willock. The fame day, for efchewing of confufioun in reafoning, and that every brether fpeake moderatlie in his awin rowme, and that with reverence and licence, the haill brethren affemblit choofe Mr Johne Willock, Superinten dent of the Weft, to be moderator for this prefent Affemblie, quho being chofen accepted the office, under proteftatioun that obedience be given. [The commiffioners depute be the laft Affembly to take trial of the complaints givin in, or to be given in, againft the Superintendent of Fife, produced the execution of their commiffion fubfcribed be Mr David Spence their fcribe for the time. Others were appointed to revife their proceedings and to report. He was accufed of negligence in his vifita tions ; that he was carelefs in punifhing adulterers j that he retained ane called Flecher, a reader in the kirk of Lewchars, whom Mr Knox had found unable. To this laft he anfwered, that he knew not that Mr Knox had pronounced any fuch fentence againft him. It was alleged be the laird of Tarbett, that, when he was vifiting the kirk of Skennie, Mr William Blackwood defired him to declare of his confcience, whither the meffe was idolatry, when he alleged that tithes fhould be paid to none but fuch as have recanted the meffe, the faid fuperintendent in audience of the whole people, bad the faid Mr William take it on his confcience. His anfwer was, it is long fince I thought the meffe idolatry, but I faid ye moft condemn it in your own confcience. 124 THE BOOKE OF THE 1568. Some brethren were appointed to revife the travels of the fuperinten dents and commiffioners, appointed be the laft Affembly, to vifite kirks, to note the notorious crimes and names of the offenders, that their names might be prefented to the Regent with a fupplicatioun of the Affembly for juftice, to wit, Mr John Craig, John Row, William Chriftefone, John Duncanfone, David Fergufone, and Mr Robert Hammilton minifter at Sanct Andrews. It was ordained, that fuperintendents fhould command readers to abftain from all miniftration of the facraments, under the pain to be accufed as abufers, and criminall according to the act of Parliament. C.J Seffio 2a- 6 Julij 1568. Anent the ordour heirafter to be ufit in Generall Affemblies, to the defyre of ane lettre prefented be ane brether for receiving of the ordour heirtofoir, the haill votit and concludit as followes, viz. That give the ordour already received pleafes not men, be reafon of the pluralitie of voyces ; it was thought meitt to reforme in this maner : Firft, That none have place nor power to vote, except fuperintendents, commiffioners appointit for vifiteing kirks, minifters brocht with them prefentit as perfons abill to reafon, and having knowledge to judge. With the foirnamit fall be joynit commiffioners of burghes and fhyres, together with commiffioners of univerfities. Secondlie, Minifters and Commiffioners of Shyres fall be chofen at the fynodall conventioun of the dioces, be confent of the reft of the minifters and gentill men that fall convene at the faid fynodall conventioun. Com- comiffioners of burghes fall be appointit be the (L) counfall and kirk of their awin townes. Thridlie, none to be admittit without fufficient commiffioun in wryte ; and on aventure that this fould come ane monople and perpetuall electioun of a few certaine minifters and commiffioners, it is concludit that they be changeit fra Affemblie to Affemblie. Anent the queftioun of murther committit upon fuddentie and for fatis- factioun to be made to the Kirk therfor ; Firft, it was anfuerit, that the cryme being confeffit, or convict lawfullie, the offender fall be admonifhit 2568. UNIVERSALL KIRK OF SCOTLAND. 125 be the fuperintendent, or be the nixt reformed kirk where the flaughter was committit, to abftain from all participatioun of the Sacraments, untill that he fatiffie the kirk as fall be appointit, and that their admonitioun fall be publifhit where the cryme was committit, and where the recent brute ther of was fpread ; to the end that men may underftand that the Kirk winks not at the fhedding of innocent blood. Secondlie, if the cryme be denyed, and get the hrute therof be conftant, and as it were publick, get fall the fufpect be commandit to abftaine fra the ufe of the Sacraments, untill fick tyme as farder tryall may be had, or els that he he folemlie purgit of the brute. As for the fudden murther and that quhilk is committit wilfullie, we remitt the anfuer therof to ane former act. Anent the forme of receiving the homicide or adulterer to the Kirk ; nane that hes committit flaughter, adulterie, or inceft, or heirafter fall committ the fame, fall be receivit to repentance be any particular kirk, till that firft they prefent themfelfe befor the Generall Affemblie, ther to re ceive their injunctiouns, and therafter they fall keip the fame ordour that was prefcryvit to Paul Methven in his repentance : This being addit, that he or they fall beir into there hand, at all the tymes of the publick repent ance, the fame or lyke weapon wherwith the murther was committit. [As for oppreffors of children, they are to be admonifhed be the Kirk to make publick repentance in fackcloth, barefooted and bareheaded, fo oft as the particular kirks fhall appoint. Becaufe the Affemblie was troubled with reading and anfwering of bills, the fuperintendent of Fife, Mr George Hay, William Chriftefon, David Lindfay, minifters, were appointed to read the bills, to write their anfwer according to their judgment on the back, and to report all to the Affem blie. C.J Seff. 3a- 7 Julij 1568. It was delaitit and found that Thomas Baffandine, Printer in Edinburgh, imprintit ane booke, intitulat the Fall of the Romane Kirk, nameing our king and foveraigne fupreame head of the primitive kirk ; Alfo that he had printed ane pfalme booke, in the end wherof was found printed ane baudie fong callit Welcum Fortoun, whilk books he had printit without licence 126 THE BOOKE OF THE 1568. of the magiftrate, or revifeing of the Kirk : Therfor the haill Affemblie ordainit the faid Thomas to call in againe all the faids bookes that he hes fauld, and keip the reft unfauld untill he alter the forfaid title, and alio that he delete the faid baudie fong out of the end of the pfalm booke : And farther, that he abftaine in all tyme eomeing fra farther printing of any thing without licence of the fupreame magiftrate, and revifeing of fick things as pertaine to religioun be fome of the Kirk appointit for that pur pofe. Attour the Affemblie appointit Mr Alexander Arbuthnet to revife the reft of the forfaid tractat, and report to the Kirk what doctrine he finds therin. [It was ordained, That no office bearer in the Kirk fubfcrive any affig nation, or give charge to any collector, to anfwer any man of any portion of the patrimony of the Kirk, but fuch as bear office in the Kirk ; and that according to the rolls given to them, fubfcrived be the keeper of the regifter of minifters ftipends. It was thought neceflar that order fhould be taken, that common kirks and tithes vacant fince the laft Parliament through neglect of prefentation fhould be difponed to qualified men, able to difcharge their calling to the comfort of the people. It was ordained, that fuperintendents and commiffioners require fuch as enjoy benefices, and have gifts enabling them to the miniftrie, to be prefent at the nixt Affemblie, to accept thereof according to their ability. C] Seffio 4ta- 8 Julij 1568. [Mr Patrick Creich is ordained to make his repentance in Edinburgh the next Lords day ; and if he committ the like offence for which he was fufpended in the former Affemblie, it is ordained that he be depofed from the functioun of the miniftry, and underly farther correction as the Kirk fhall think meet ; and that quhofoever fhall be found guilty of the like offenfe, incur the like punifchment. C] Anent the excommunicatioun of papifts, and feparatioun of them fra the focietie of Chryfts bodie, after due admonition refufeing to joyne them felves to the Kirk ; it is concludit, that after they have receivit fufficient admonitioun according to the ordour eftablifhit in particular kirks, and 1568. UNIVERSALL KIRK OF SCOTLAND. 127 they get remaining obftinate, they fall be declarit publicklie in all congre gations neceflar to be out of the focietie of Chryftis bodie, and to be ex communicat. [Follow the heads which the Affemblie willed the brethren appointed in the third feffion to prefent to my Lord Regents Grace. C] Articles prefentit to my Lord Regent. Firft, Let his Grace know the heavie and grievous complaint of the minifters agains them that fubfcryve the affignatiouns, through the quhilk they are altogether diffapointit of their ftipends ; for the affignatiouns ftanding, the thrids are not able as they are ordourit to pay the minifters halfe yeirs ftipends, and in fome parts not the quarter therof. It is thought a thing verie unrefonable, that the papifts, enemies to Gods Kirk and the commoun wealth, and uthers that labours not in the miniftrie, fall pofeffe friely without impofitioun the two part of the benefices, and the Kirk quhilk labours fall not poffeffe the thrid. Heirfor the Kirk defyres that my Lord Regents Grace will take fick ordour, that the commoun charges might be fuftained upon the twa part of the benefices poffeffed be the papifts, fwa that the thrid may remaine frie to be difponed be the Kirk. Not that the minifters defyres more nor their reafonable ftipends, but that the fuperplus might fupport the fchooles and the poore, according to the will of God ; and that the colleetours of the Kirk fall yierlie make count thereof, fo that my Lord Regents Grace and the counfell fall know the difpofitioun of the famein. Item, to fhew my Lord Regents Grace, that ther is fundrie benefices vacand, and fpecially the benefices of the commoun, pertaining to cathedrall and metropolitane kirks : That his Grace wald prefent them to qualified men, be the advyfe of the Kirk, at this tyme the Kirk being affemblit ; utherwayes the Kirk muft difpone them, as falling unto them be reafon of fixe monthes paft, and nane being prefentit ; and alfo the Kirks of the Nonryes prefentlie vacand, to prefent qualified men to them, as in fpeciall to North Berwick. Item, that my Lord Regents Grace wald give commiffioun and autho ritie to certaine perfons for reformatioun of the colledge of Aberdein, that the corrupt office bearers, regents and uthers be removeit, and uthers 128 THE BOOKE OF THE 1568. qualified perfons placed in their roumes, fo that the youth may be inftruct- ed in godlines and good lettres. Item, to defyre of my Lord Regents Grace, ordour to be taken for fup- preffing of vyce, quhereby the plague of God may be withdrawn from this realme ; and that his Grace will take diligent care anent the executioun of juftice agains lick odious crymes as fall be givin to his Grace in bill, be the fuperintendents and commiffioners of countreyes. Item, that his Grace wald caufe fick as are appointit of the Counfell, conveine with them that are appointit of the Kirk, tuitching the jurifdic tioun of the fame to decide therin, that tyme and place may be condif- cendit upon to that effect, and that it be done before the Parliament. To advyfe with my Lord Regents Grace and counfell, that in the rowmes and countreyes quher no fuperintendents are, they may be placed. Item, to underftand quhat may be done anent augmenting or appointing minifters ftipends, as neid requyres. Anfuers to the forfaids Articles be my Lord Regents Grace. At Edinburgh, the viii day of Julij 1568, being on the Secreit Counfell, my Lord Regents Grace, my Lord Sempill, my Lord Glames, the Secretar, Lord Ochiltrie, and my Lord Balmyrrinoch. Anent the complaint made be the Kirk, for default of payment of the thrids of benefices to the fuftentatioun of the Miniftrie, the perfons ad- debtit for payment of the fame being at the home, and no farther diligence to be ufeit for obtaining of payment ; my Lord Regents Grace, with ad vyfe of the Lords of Secreit Counfell, ordaines the Thefaurar to receive all lettres of horneing, to be prefentit be quhatfoever collectours, either of the lxvi yeirs crope, or of the lxvii, or in tyme eomeing, and upon the faids lettres of horneing to direct letters to officers of armes, or to the fhyreffs of the fliyres, or uther ordinar judges, to uptake the efcheits of the perfons denunceit to the home, and of the firft and readieft of the faids efcheitts, to pay to the collectors the fowmes aughtand, for the quhilk the faids perfons was put to the home ; frielie takeand up the remanent to our foveraine Lords ufe, at the leaft takeand fa meikle above the valour of the debt auchtand, as will make the expenffis upon the executioun of the letters in uptakeing the efcheitt, fo that no expenffis in executioun of the 1568. UNIVERSALL KIRK OF SCOTLAND. 129 faid letters be made, utherwayes but of the efcheitt of the perfons de- nunceit. All commoun kirks fall be givin to qualified perfons, minifters ; and als where any prebendaries are foundit upon the fruites of teyndis, as Dum- bernie, and Ormeftoun in Lowthiane, as the prebendarie vakes, to be uptakin be the collectours. Ordaines ane commiffioun to be made for reformatioun of the colledge of Aberdein, and for placeing of godlie and qualified perfons mafters therin. The roll of the committers of the vyces to be prefentit to my Lord Regents Grace, who fall caufe the Juftice Clerk proceide in forme of juftice agains them. Item, my Lord Regents Grace fall give warning to the perfons nameit, in the end of the Parliament, to conveine the viii day of Auguft. To the faxt heid, forfameikle as fuperintendents cannot prefentlie be appointit, the Kirk man appoint commiffioners for the felfe fame purpofe, as they fall think good to give commiffion, quhill the nixt Generall Af femblie. To the vii heid, anent the advyfe for augmenting or appointing of minifters ftipends, be advyce of my Lord Regents Grace and counfell, the clerk of regifter, the Laird of Pitcarro, and Mr Henry Balnaves, were appointed with fuch of the Kirk as they fall think mait, or any twa of them. The Regents Lettre anent the Chaplienries. We underftand that ther is fome chaplenries properlie pertaining to the Kings Majefties prefentatioun, and fome at this prefent to be difponit. We heirfor have thoght good to requyre your opinion how we fall proceid in that behalfe prefentlie, and in tyme coming, that ignorantlie we doe nothing wherwith the Kirk may juftlie find fault heirafter. James Regent. Seff. 5a- 9 Julii 1568. [Mr Robert Pont is continued commiffioner for vifitation of Murray till the next Affemblie, notwithftanding that he defired to be placed in a particular congregation. For anfwer to the fupplication prefented in the Bifhop of Cathnefs R 130 THE BOOKE OF THE 1568. name, the Affemblie giveth commiffion to the faid bifhop for a geir to vifit and plant kirks ; and for his ftipend thought meet that he fhall have his quhole thrid of the bifhoprick dimitted, providing he fuftain minifters in his own kirks thereupon ; the reft of the minifters of the diocie to be fuftained upon the reft of the thrids within their bounds, according to their ftipends already modified. Mr Knox his commiffion to vifit the kirks of Kyle, Carrick, and Cunning- hame, is continued till the nixt Affemblie ; and he ordained to begin when he may conveniently, quhich hithertills he could not conveniently fret done. The brethren appointed to decide queftions, report their decilions. C.J Ane reidar was provin and convict for meddling with ane certaine woman, and afterward was verified that the fame woman had ane hufband liveand when the faid reidar medlit with her, bot alledgis he knew not the fame, and fho had not bein in the uther mans companie a certain fpace of befor. At comand of the Kirk, the reidar put away the faid woman, who hes bein from him the fpace of ane yeir paft or therby. This reidar defyris to be admittit to his office againe, in refpect of his bypaft conver- fatioun be the faid fpace of ane yeir, and to doe farther what the Kirk will injoyne him. Queritur an debeat. Anfuer, after publick repentance according to the ordour, receive him. Ane minifter conveinit be contract with a certaine vicar, and the vicar fauld his vicarage of the kirk wher the minifter fervit, in favours of the minifter ; and the minifter promeift againe to pay him a certaine fmall fowme at tymes and dayes, for the goodwill of the viccarage, and that in manner of compofitioun, nomine penfionis : And now ane uther minifter accufes this former minifter befor the Kirk, as ane man unworthie to bruik office, becaufe of the faid contract, quhilk he alledges to be fimoniall ; and the uther protefts that he be convict in poena talionis, in cace it be not foundin. Queritur primum, an predictus contractus fit Simonis ; et fi fit, qua poena puniendus eft ille primus minifter ? Secundo, fi accufator cadet caufa, qua poena eft ille puniendus qui illud fcandalum fufcitavit ? Anfuer, publick repentance for his accufatioun. 1568. UNIVERSALL KIRK OF SCOTLAND. 131 Seff. 6a- 10 Julij 1568. It is ftatute and ordainit be the haill Affemblie, that minifters, exhorters, reidars, or uthers perfons heirafter trouble or moleft not the Generall Affemblie with fick things as fuperintendents may and aught decyde in their fynodall conventiouns ; and if any chance to doe heirafter in the contrair, their lettres fall be rejectit. Touching the bifchop of Orknayes fufpenfioun from the miniftrie the laft Affemblie, and his obedience and fubmiffioun, the Kirk reftores him againe to the miniftrie of the word, and els ordaines him one fome Sonday when he beft may for weaknes of his body, to make a fermoun in the kirk of Halierudehous, and in the end therof to confeffe the offence in marieng the Queine with the Erie Bothwell, and defyre the Kirk ther prefent for the tyme, to forgive him his offence and flander givin be him in doing the foirnamit act. The quhilk he promifed to doe. [The Commiffioner of Galloway is ordained to come to Edinburgh at the time of the nixt Parliament, and fhew his diligence in the charge com mitted to him in that province ; and to anfwer whether he will awaite on court and counfell, or upon preaching the word and planting kirks. The fuperintendents of Angus, Fife, and Lothian, were appointed to report his diligence and anfwers to the nixt Affemblie ; and in the mean tyme Mr John Row was appointed to vifite Galloway. Mr George Hay being complained upon be Andrew Murrey of Black- baronie, in name of the parochiners of Edleftone, quherof he had the per- fonage, for that he neither preached the word nor miniftred the facraments to them, was fharply rebuiked. Seff. 7^- ...Julij 1568. Mrs John Willock, John Craig, John Row, Robert Pont, James Gray, Williame Chriftefone, and David Lindfey, were appointed to revife the form and order to be ufed in excommunication, which is penned be Mr Knox at the defire of the Affemblie, and to report their judgment. C.J 132 THE BOOKE OF THE 1568, A. D. M.D.LXVIII. The Generall Affemblie of the Kirk haldin in Edinburgh, in the Neither Counfell-houfe, the 25 of December 1568 : In the quhilk were affemblit the Superintendents, Minifters, and Comiffioners of Townes and Kirks : Thanks being givin, and invocatioun for the affiftance of the Holy Spirit, be Mr Johne Knox, Minifter of Edinburgh. Anent the lettre receivit fra my Lord of Glencarne, daitit at Glafgow the xxi day of December inftant, bearing in effect the great zeale his Lordfhip beares to the glorie of God, the mantaining of the commoun caufe, and inftant neceffitie of the minifters of Chryfts evangel], for fupport wherof his Lordfhip hes put the Kirk in poffeffion of the thrids of the bifhoprick of Glafgow, more regarding the mantaining of the miniftrie nor his Lordfhips awin profite or cominoditie, fhewing his Lordfhips great defyre to have been at this prefent Affemblie, if the urgent caufe of the commoun weill now in hands, and als the diflance of the place now impedit, pro mifeing quhatfoever beis in this Affemblie godlie concludit on, his Lord fhip will fett fordward the fame at the uttermoft of his power ; requefting alfo for the placeing of Mr Johne Porterfield, now banifcht from Dum- bartan, as in lyke manner for ane godlie learned Inglifchman, and for their reafonable ftipends, off the quhilk his Lordfhip godlie zeale and benefite beftowit on the Kirk, as alfo the earneft carefulnes for fupporting the paftours of Chryfts flocke. The haill brethren affemblit unfainedly praifes God, and thanks his Lordfhip moft heartlie, not doubting but the Spirit of the Lord Jefus Chryft will ftrenthen his Lordfhip to the end. As to the twa brethren requeiftit for be his Lordfhip, the brethren affemblit hes givin commiffion to Mr Andro Hay to place and appoint them according to his confcience. 1568. UNIVERSALL KIRK OF SCOTLAND. 133 Becaufe of the rarenes of this Affemblie, the 25 day of Feberwar nixt was appointit to conveine on, and lettres of advertifement was ordained to be fend to every fuperintendent ; whofe tenour followes. The haill brethren prefentlie affemblit, having confideratioun not only of the brute and feiknes within this brugh, albeit, God be praifed, ther is no occafioun of feare therof, bot alfo the great tempeft and ftorme of weather thoght to be univerfallie within this realme, as weill in the north as in the fouth ; That throw the feare of the ane, and impediment of the uther, the brethren, fuperintendents of Angus, Mernes, and Fyffe, minifters and commiffioners, and uthers, afweill of thefe parts as of the weft and fouth, might not compeir at this Affemblie, according to the appointment therof in the laft feffion of the Affemblie haldin in July laft, was thoght meit to continue all actiouns quhatfoever unreafonit and undecydit quhill the 25 day of Februar nixt to come, and then to have the haill brethren forfaids to conveine in Edinburgh be themfelves ; or if any thing chances in the meane tyme, wherthrow juftlie they are impedit, their commiffioners fuffi- cientlie authorized, if the faid day and place pleafe not the haill brethren, or maift part therof, To reafon and conclude all actions pertaining to the miniftrie ; to condifcend and appoint fome uther day and place, not only convenient for the minifters, and commiffioners of townes and kirks ; but alfo apt for reforting of the nobilitie and Privie Counfell, whofe pre fence is verie requifite for fetting fordward the affaires of the Kirk ; and therfor exhortit the faids brethren, Superintendents of Angus and Fyfe, to advertife their uther brethren, minifters, and commiffioners of townes and kirks, within their bounds refpeetive, as was appointit in the laft Affemblie ; To convene in Edinburgh the faid 25 day of Februar nixt to come, as the brethren of weft and fouth fall be in like manner warnit therto. Given in the Generall Affemblie and firft feffioun therof, fubfcryvit be the clerk, of the fame day, yeir, and place forfaids. 134 THE BOOKE OF THE 1568. A.D. M.D.LXVIII. The General Affemblie of the Kirk conveinit in Edinburgh, within the Over Tolbuith thereof, the 25 day of Februar 1568 : In the quhilk were affemblit the Superintendents, Minifters, and Commif fioners of townes, kirks, and univerfities. And for efchewing of confufion in reafoning among the brethren con veinit prefentlie, with ane voice was prefent chofen Mr David Lindfay, to be Moderator for this prefent Affemblie. [The Affembly thought good to afk at the Regent, if they fhall enter in procefs againft the Earle of Huntly, for removing the collectors of the Kirk in his bounds ; and in cafe of difobedience, excommunicate him, feing he outwardly profeffeth our religion. It was ordained that a miffive fhould be written and fubfcrived be the clerk, to be fent to Robert Lord Stewart, Commendator of Halyrudhoufe, to affift Mr James Annand and Mr Gilbert Foufie, Commiffioners appointed to vifit and plant kirks in Orkney and Zetland, and to maintain the collector in gathering of the thirds for fuftentation of minifters. C] Sefl. 2**- 26 Februarii 1568. The haill brethren conveinit and affemblit, thoght meit, that ane fup plicatioun be prefentit to the fupreame Magiftrate, anent fick perfons as hes receivit their benefices in Papiftrie, payand now allanerlie their thridis, 1568. UNIVERSALL KIRK OF SCOTLAND. 135 thinkand themfelves therthrow difchargeit of all farther cure in the Kirk ; requyreing at his Grace quhat ordour fall be tane anent fick perfons. Item, whether it be lawfull to a minifter of Gods word having benefice, to fett takes thereof to any particular perfon within the parochin, or with out the fame ; and if ane law fall be made, that no minifter fell his bene fice to any particular perfon. Item, ane fupplicatioun to be made to the Regents Grace, for reductioun of all benefices given to any perfon contrair the act of Parliament, or Se creit Counfell, grantit in favours of the Kirk, or minifters of the fame. The fame day Mr Andro Blakhall, minifter of Ormeftoune, was accufit be the Commiffioners of the towne of Edinburgh, for marrieing of ane callit James Hamilton, indwaller of the towne of Edinburgh, with ane Jenat Huntar in Ormeftoun, without lettres teftimoniall of their bands proclaiming ; agains the quhilk James the Kirk of Edinburgh had fome thing to fay for offences committit. After all defences made be the faid Mr Andro, the haill Kirk finds him to have broken the act, That na minifter fall marie the parochiners of another parochin, without a fufficient teftimoniall, and fo guiltie of the paine conteinit therein : Not the lefs the commiffioners and minifters of Edinburgh made fupplicatioun to the haill Affemblie, that the rigour of the act fould not ftrike upon him, but that fome fatiffactioun fould be made to the Kirk of Edinburgh, at the difcretioun of the haill Kirk. Quhilk fupplication the haill brethren ac- ceptit, and ordainit that the faid Mr Andro fall compeir before the fef- fioune of the Kirk of Edinburgh, on Thurfday next to come, and ther confeffe his awin offence, defyreing pardon therof, with promife never to offend in fick fort heirafter, under the paines containit in the faid act, to be execute to the rigour therof. [Mr John Spotfwood, Superintendent of Lothian, was delated for flack nefs in vifitation of the kirks, &c. He alleged non-payment of his ftipend for the three years bypaft ; and that diverfe times he had exhibite to the Juftice Clerk the names of haynous offenders, but could find no exe cutioun. Seff. 3a- ... March 1568. Commiffion and power was given to the Superintendent of Angus, Mr George Hay, minifter of Ruthven, Mr Robert Pont, Commiffioner of the 136 THE BOOKE OF THE 1568. Kirks in Murrey, and Adam Heriot, minifter of Aberdein, to require the Earle of Huntly to reftore the Collectors of the Kirk to their places ; and if he refufe, to fummond him to compear before them, or any two of them, when and where they fhall think meet, to anfwer anent the premiffes ; with certification, if he compear not, nor get reftoreth the faid Collectors to their places, due admonitions preceeding, that they fhall proceed to the fentence of excommunication. The Bifhop of Caithnefs is continued till the next Affembly. C] Seff. 4a- 7 March 1568. Tenour of a lettre fent be the Duke of Chattelherault His Grace to the Affemblie. Grace, mercie, and peace from God the Father, throw Jefus Chryft, we wifh you. Brethren, we thoght it expedient to certifie gou, that being in France, and hearing of the great troubles of this our native countrey, of confcience and duetie was compellit to come home, defyreous to help to pacifie the fame at our utter power, firft to the glorie of Almightie God, and nixt to the releife of the right fair and lamentabill oppreft true fubjects,. whofe innocent blood and innumerable herfchips, oppreffiouns, wrangis, and ftouthes that hes bein committit, and daylie is upon them, is to us fo grievous and intollerable a burden, both in confcience and honour, that we rather refufe not only this our native realme, but alfo the haill world, or it were not reformit. And albeit, in my abfence, I have fuftainit wrang, I affure you, my awin particular, neither in blood, lands, nor geir, is fo heavie to me as the great danger this haill kingdome Hands in, if be the grace of Almightie God, and help of the auld and native Scottis blood, it be not foirfein and releivit in tyme. Heiring of your convention, brethren, at this tyme, I have fend this beirar to gou, to declare this to gou to be our full and determinat mynd, to follow be the grace of God, firft that the word of God may have frie paffage through this haill realme, and that the facraments may be miniftrat according to the inftitution of Chryft Jefus his Soune our Saviour ; nixt, that everie true fubject within this realme may 1568. UNIVERSALL KIRK OF SCOTLAND. 137 live without feare upon that quhilk is juftly his owne, according to Gods calling and commandement. In this caufe of this prefent diverfitie of our native foveraigne and a part of her fubjects, for the quhilk we are verie heartlie forie, and, as the Almightie God knowes, innocent of foirknow- ledge of any doing, fo we wold wifch all uthers to be fick lyke ; our defyre is, that all hoftilitie and troubles might be pacified, according to the command of Almightie God, and that the haill eftates in quyet and peace able manner may conveine, and firft calling for his grace and holie lpirit of righteous judgement, might confider the ground and beginning of this altogether evill deid, I meane the flauehter of the Queins late hufband, quhat hes proceidit therupon fenfyne, and quhat God wald of reafon fould be done therfor ; and this to be devyfit either be the haill eftates, or xxv of the wifeft of the nobilitie chofin be the haill, and to be followit be the haill peiple of the realme ; wherunto we of the nobilitie, and all that continues under our obedience to the Queine our foveraine, fall for Gods caufe, and for the commoun weill, be found aggrieable. I avoyde the wrongous judgement may be fpokin, that we wryte this to gou becaufe of proclamatiouns the Erie of Murray hes made in diverfe ffiyres in this realme, to have the peipfe in Glafgow the x day of March. We wold ye fould confider we doe it not for that caufe ; for firft, as ye know, fen befor thir troubles begouth, we have nevir bein in this countrey befor the 25 day of this inftant Februar, wherthrow we might have fhawin our mynd heirin, and all the peiple of Scotland was gatherit together, both for nativnes of blood, and, forgive, my deferving of my forbeares and my- felfe ; there is the ftrength of the world wher I could wifch my felfe and find me moft fure : and if the faid Erie of Murray wald take upon him to invade me or any of my freinds or dependers, or any true men of this realme, (as I cannot thinke he will) then treft I that the nobilitie or peiple will not affift him therto, whill firft they find ane caufe worthie, and be declarit be the ancient lawes of the realme. And thogh we defyre thir conventiounes, and forces of men of warre, to be turned upon the theifis and oppreffours of the realme, wherunto we fall be moft readie with our bodies and geir to doe the devoir of the noble and true men, get if he will perfevere to perfew us, we doubt not in God and the juflnes of our caufe, to find all the noble and true men fo favourable to us, that it fall not be in his power to doe us wrong upon particular malice, altogether without deferving. Therfor we requyre gou, in Gods behalfe, to make fome of 138 THE BOOKE OF THE 1568. our affairs and mynd patent unto the peiple ; and if ge find nocht on our part focht heir and offerit that to our Chriftian profeffioun pertainit, duetie requireth that ye come and reafon the fame with us, whair ge fall find us reafonable in all caufes, according to Gods word and equitie ; on whofe divyne protection we commit gou. Of Hamiltoun, the 27 of Februar. Your Chriftian brother, James Hamiltoun. After reiding of the faid lettre, the brethren being advyfeit therupon, anfuerit to the beirar of the lettre, that the Kirk wald fend fome of the brethren to my Lord Regents Grace, to know his pleafure, whither they fould write, or fend ane certaine of the Kirk with commiffion fra the fame, . to my Lord Dukes Grace, ffiewing and declaring the opinioun of the Kirk touching his Graces lettre. And for that fame, the haill Kirk gave commiffioun to the brethren, Mrs Johne Spotifwood, Johne Wynrhame, and Johne Row, to paffe to my Lord Regents Grace, and know his pleafure concerning the laid lettre ; and thereafter to paffe according to his Graces command to my Lord Dukes Grace, and conferre with him, and uthers of the nobilitie whom they find prefent ; and be all meanes poffible to reconceile the nobilitie forfaid to the obedience of the Kings Majeftie and his Regents, and farther to doe as the faid commiffioun proportis. Seff. 5ta- 8 Marche 1568. It was concludit be the haill brethren affemblit, that ane generall falling be proclaimit through all Scotland, and to begin in Lowthiane, Fyfe, and fick uther places as may receive advertifement, the 13 day of this inftant. Thereafter the fuperintendents and commiffioners of provinces to advertife and begin at fick tymes as they thinke moft expedient, and to continue fra the firft day to that day aught dayes incluiive ; and in the meane tyme to ufe the exercife accuftomeit in the kirk of the firft inftitutioun, and els to ufe fobrietie in eating and drinking in tyme of the exercife. More over concludit that all Superintendents and Commiffioners of provinces 1568. UNIVERSALL KIRK OF SCOTLAND. 139 fall heirafter inftitute and ufe the fame ordour of fafting, fo oft as juft occafioun fall ferve and fall feime meit be ther godlie wifdome, without any further appointment he the Generall Affemblie. [Certain heads were formed, quhich were to be prefented to the Re gents Grace and Counfell, and Commiffioners appointed to prefent the fame, and crave anfwer ; the tenor of quhich heads followeth. C.J Articles fent to my Lord Regents Grace. [That fuch as have benefices, and doe nothing but pay their thrid, may be compelled to bear farther burden with the Kirk, and for fupport of the poor ; for it feemeth altogether unreafonable, that idle bellies fhall devour and confume the patrimony of the Kirk, while the faithfull travellers in the Lords vineyaird fuffer extreame poverty, and the needy members of Chrifts body are altogether neglected. That fuch as have many benefices may be compelled to demitt all ex cept one. That ordour may be taken that the Collectors may be obeyed, quho are now univerfally difobeyed, as well be Proteftants as Papifts. C] That remedie may be provydit agains the oppreffioun of the Earle of Huntlie, and of uthers, who hes depofit the Collectours of the Kirk, and tirranouflie placeit their awin. That it may pleafe his Grace and the Secreit Counfell, that the Kirk fra admonitions may paffe to farther cenfures agains the faid Erie, and all uthers guiltie of the lyke oppreffioun, unto publick excommunication, in cace of his and their contempt. That the Kirk, without offence of his Majeftie, may appoint their bro ther, Mr Robert Pont, quher his labours maybe more fruitfull then they can be for this prefent in Murray. [That remedy may be provided againft the chopping and changing of benefices, felling of the fame, diminifhing of the rentals, fetting of long tacks, in defraud of minifters, both for the prefent and for the time to come ; againft the quhich, except fubftantiall remedy be provided, not only fhall the Kirk fuffer damage ; but alfo that portion quhich might fupport the common affairs of the realme, fhall be craftily fold. That order may be taken with fuch as are already excommunicat, and doe contemn the cenfures, may be punifhed. C] 140 THE BOOKE OF THE 1568. That ordour may be takin, that fick odious crymes as this day provocks Gods difpleafure againft the haill land, may be punifhit as God hes com mandit. If his Grace fend us to the Juftice Clerk, experience hes teachit us fufficiently quhat he hes done in any fick matters. The Kirk requyres, that anes the jurifdictioun therof may be feparate fra that quhilk is civill. That the queftioun of adulterie may once take effect ; at leaft a decifion in that heid, quhither the adulterer fall be admitted to the benefite of ma riage or not. Seff. 6a- ... March 1568. [It was ordained, that the letter directed to the Lords who have made defection from the Kings Majeftie, after it be returned from the Regents Grace, fhall be regiftrat amongft the acts of the Kirk, and that it be printed. Anent proceeding be degrees in fchools to the degree of a Doctor of Divinity ; it was ordained, that the brethren of the Colledges of Sanct Andrews conveen and form fuch order as they fhall think meet ; and that they prefent the fame to the nixt Affembly to be revifed and confidered, that the Affembly may eek or diminifh as they fhall think good, and that thereafter the order allowed be eftablifhed. C.J 1569. UNIVERSALL KIRK OF SCOTLAND. 141 A.D. M.D.LXIX. The Generall Affemblie of the Kirk, conveinit in Edinburgh and Nether Counfell houfe, the 5 day of July 1569 : In the quhilk were prefent the Superintendents, Minifters, Barrons, and Com miffioners of the Townes and Kirks. For efchewing of confufion, quhilk might chance in reafoning amang the brethren prefentlie conveinit, with ane voyce was chofen for Modera tor, William Chriftefone minifter of Dundie, for this conventioun ; quho being chofen, acceptit the office on him. [Read and allowed the decreet and fentence given be the Lord Regents Grace, his Counfell, and the Superintendent of Angus and Mernes, againft the Principall and uther Members of Old Aberdein ; the tenour quherof followeth. We, John Arefkine, Superintendent of Angus and Mernes, and Com miffioner within the bounds of the Shirefdome of Aberdein and Bamf, and the Minifters and Commiffioners within the faid bounds, being affembled in the High Kirk of New Aberdein, willing to reform abufes within the faid bounds, and in fpeciall, in the Colledge of Old Aberdein, we di rected fummons againft Mr Alexander Anderfone, principall, Mr Andrew Galloway, fub principall, Mr Andrew Anderfone, Thomas Owften, and Duncan Norie, regents of the faids Colledge, to compear before us, that trial may be taken if they were found in religioun ; quhich being found, they were to be fuffered to continue in their offices ; otherwife, if they 142 THE BOOKE OF THE 1569. were found corrupt with Popery and errors, not agreeable to the truth, as it is profeffed faithfully within the Kirk of Scotland, to be depofed, and inhibited to teach and inftruct the youth, privately or publickly, in that colledge, or any uther fchool or colledge within the realme ; that uthers well qualified may be placed in their room, able to bring up the youth in the true faith, right worfhip of God, and good letters. In this mean time, my Lord Regents Grace called before his Grace and Counfell the forefaid perfons, being delated to his Grace as very obftinate Papifts, ene mies to the truth ; and required them, as profeffors of Chrifts religion, to fubfcrive the articles following: We, whofe names are under-written, doe ratify and approve, from our very hearts, the Confeffion of Faith, to gether with all uther acts concerning our religion, given forth in the Par liaments holden at Edinburgh, the 24 day of Auguft 1560, and the 15 day of December 1567 J and join ourfelves as members of the true kirk of Chrift, whofe vifible face is defcrived in the faids acts ; and fhall in time coming be participant of the facraments, now moft faithfully and publickly miniftred in the faid kirk ; and fubmitt us to the jurifdiction and difcipline thereof. This was done the penult day of June, and not find ing in them obedience, referred them to the laft of June : the quhilk day they compeared before his Grace and the Counfell ; but moft obftinately contemning his Graces moft godly admonitions, refufed to fubfcrive the faids articles : Wherefore, my Lord Regents Grace and Lords of Privie Counfell, with deliberation, pronounced the decreet and fentence quhich fol- loweth : Apud Aberdein, ultimo Junii 1569. The quhich day Mr Alexander Anderfone, principall, Mr Alexander Galloway, fub principall, Mr Andrew Anderfone, Mr Thomas Owften, Mr Duncan Norie, regents of the Colledge of Aberdein, being called in prefence of my Lord Regents Grace and Lords of Privie Counfell, being defired, be their fubfcriptions, to give atteftation and plain profeffion of the faith, with all uther acts made concerning Chrif tian religion, in the Parliaments holden at Edinburgh the 24 day of Auguft 1560, and the 15 day of December in the year of God 1567 ; the faids perfons refufed to give their faid profeffion be their hand writtes : In refpect quherof, the faid Lord Regents Grace, with advice of the faids Lords, have found the faids perfons dangerous, and unmeet to have the cure of the inftruction of the youth, for the perril of inconveniences both to body and foul : Wherefore, and in refpect of the act of Parliament, pro- porting that none be permitted, nor admitted, to have charge or cure in 1569. UNIVERSALL KIRK OF SCOTLAND. 143 fchools and univerfities, nor inftruct the youth, privately nor publickly, but fuch as fhall be tryed be the fuperintendents and vilitors of the kirks ; As for the faids perfons denieng to join to the true kirk of God, accord ing to the faid Confeffion of Faith, my Lord Regents Grace, with advice of the faids Lords, declareth and decerneth, that the faids perfons are, and fhall be deprived, and prefently are deprived, ipfo facto, of all inftruction of the youth within this realme, and of all honours, dignities, functions, preeminence, faculties, and priviledge within the faid colledge ; and or- daineth letters to be direct, charging them to remove, defift and ceafe therefra ; to the effect that uther qualified perfons, of found doctrine and fufficient literature, may be placed therein for inftruction of the youth in times coming. The forefaid decreet my Lord Regents Grace intimated to us, with the procefs ufed againft the faids perfons, the quhich we did moft heartely allow, and gave to God thanks therefore ; and becaufe the errors and obftinacy of the forefaids perfons were fufficiently declared unto us, be their refufal to fubfcrive the godly articles forefaids, as the act of Counfell teftifieth, we thought it not expedient to proceed farther in triall of them : And therefore in prefence of Mr Alexander Anderfone, prin cipal!, and Mr Andrew Anderfone, regent, who only compeared, we pronounced the fentence againft them, conform to the decreet of the Counfell, as followeth. — I John Arefkine, Superintendent of Angus and Mernes, having commiffion of the Kirk to vifite the Shireffdome of Aber dein and Bamf, be the advice of Counfell, and confent of the Minifters, Elders, and Commiffioners of Kirks prefent, decern, conclude, and for final fentence pronounce, that Mr Alexander Anderfone, fometime prin cipall, Mr Alexander Galloway, fometime fub principall, Mr Andrew Anderfone, Thomas Owften, and Duncan Norie, fometime regents in the Colledge of Old Aberdein, are not to be reputed as members of this kirk ; and therefore exclude them, and every one of them, from ufing any office or jurifdiction in the Colledge of Old Aberdein ; and inhibite them, and every one of them, to teach publickly or privately, in time coming, in that colledge, or any uther part within this realme ; and ordain them to re move forth of the fame colledge with all diligence, that uther godly and well qualified perfons may be placed therein, for upbringing of the youth in the fear of God and good letters. This our fentence pronounced, we ordain to be publifhed and intimated to the faids perfons, and to the con- 144 THE BOOKE OF THE 1569. gregation of New and Old Aberdein, publickly the nixt Sunday, the 3 of July nixt 1569- In the triall of the fuperintendents, the Superintendent of Lothian and Fife was delated for flacknefs in vifitation, and reparation of the fabricks of kirks, Mr John Kerfwell, Superintendent of Argile, was reproved for accept ing the Bifhoprick of the Ifles, without making the Affembly forfeen ; and for riding at, and affifling of the Parliament holden by the Queen, after the murther of the King. C.J Seff. 2«. 6 July 1569- Anent the defence givin in the Affemblie haldin in December 1567, be Mr Johne Craig, ane of the minifters of Edinburgh, touching the pro claiming of the Queine and the Erie of Bothwall ; the faid defence beeing publickly and prefentlie red, the haill points therin conteinit be the haill Affemblie maturelie confident ; it was found be the haill brethren, that he had done the duetie of ane faithfull minifter, and had committit nothing flanderous to fick as hes righteous judgement, in refpect of the defence forfaid, quhilk was found both godlie and fufficient for declaratioun of his innocencie theranent ; quhilk the haill Affemblie declarit and teftifiet, and ordainit the famen to be notified to all and fundrie. [Some adulterous and inceftuous perfons excommunicated for their offences, compeared, partly to relieve their fureties, partly to know quhat the Affembly would injoin them. The Affembly ordained every one of them to repair to their fuperintendents, or to the minifters, elders and deacons of their own kirks refpective, and to receive injunctions from them how they fhall beheave themfelves till the nixt Affembly ; and that then they bring a teftimoniall from their minifters of their behaviour to the Affembly, and that they prefent themfelves to the nixt Affembly, bare headed and bare footed, in linnen cloaths, humbly requefting the Affembly for farther injunctions for their offenfes, and reftitution to the bofome of the Kirk. C] 156& UNIVERSALL KIRK OF SCOTLAND. 145 Seff. 3a- 7 July 1569. Anent the punifhment of adulterers, murtherers, and uthers criminall and capitall crymes quhilk deferves death : Whither the fupreame magif trate aught firft to declare his mynd of his fatiffactioun and admiffioun ; or if the Kirk fall receive them to repentance befor the declaratioun of the faid magiftrates will. Anent perfons guiltie of capitall crymes, found be fuperintendents, mi nifters, elders or deacons of reformed kirks, to compeir to this Affemblie, or any uther Affemblie heirafter, and the faids perfons found not com- peirand ; the Kirk ordaines the faids fuperintendents or minifters to pro ceid to excommunicatioun againft them ; and to notifie to the fupreame magiftrate fo many as for their offences are already excommunicate, that farther punifhment may be execute. [Commiffion was given to the Superintendents of Angus, Fife, Lothian, Argile, Mr Knox, Mr David Lindfay, Robert Fairly of Braid, William Douglafs of Whittingham, the Lairds of Keir, Lundie, Mr Robert Ham milton, minifter at Sanct Andrews, Thomas Wallace, commiffioner from Sanct Andrews, Mr John Row, minifter of Saint Johnftoun, Patrick Murray, commiffioner of Saint Johnftoun, the Laird of Barganie, Mr Andrew Hay, minifter of Ranfrew, Mr David Weems, minifter of Glaf gow, Mr William Chriftefon, Mr Gilbert Gardin, James Baron, burgefs of Edinburgh, David Ramfay, burgefs of Dundie, to prefent to the Re gent and to the nobility affembled at Sanct Johnfton, the 25 of this inftant July, the articles following, with their anfwers. C.J Certaine of the Articles prefented to my Lord Regent. [In primis, touching the heads quhich my Lord Regents Grace fent to the Affembly with Mr John Wood ; the Affembly hath given their full power to their commiffioners fent prefently to his Grace, to refolve fully thereupon, conform to the anfwers given to the faid Mr John Wood. Item, the Affembly defireth the act made in this Generall Affembly, concerning the affignation of the minifters ftipends, be ratified and ap proved with letters thereupon, as is contained in the fame. Item, that the manfes and gleebs may be given to the minifters for their 146 THE BOOKE OF THE 1569. relidence at their kirks ; and that the law hereupon may be made clear, that it may have execution ; and, in like manner, concerning the repara tion of kirks. Item, that all that have benefices be compelled to pay their thrids, fo that payment be made of the years bygone, as well as to come. C.J That ordour may be takin for fuftentatioun of the poore, and that ane portioun of the teinds be appointit for that effect ; and in lyke manner, that the pure labourers of the ground may have intromiffioun to lead their awin teinds, upon reafonable compofitioun. [Item, that fome auditors of the Exchaqre be appointed to conveen with the auditors of the kirk, to hear the collectors of the kirk their compt. Item, that immunitie may be granted to the commiffioners of the Kirk fent to Generall Affemblies, that during the time of the Generall Affem blies they be not molefted in civil actions. Item, that fuperintendents may be planted through the whole realme, as are already in fome parts. Item, that commiffioners may be appointed throughout the whole realme, to cognofce in caufes of divorcements. Item, that fuch as have benefices, and doe nothing but pay their thrids, be compelled to bear fome further burthen with the Kirk, and chiefly for fupport of the poor. C.J Item, that fick as hes plurality of benefices, may be compellit to denunce all fave one. That remedie may be provydit for chapping and changing of benefices, and felling of the fame, dirainifhing of the rentall, of fetting of lang takis in defraude of the kirk ; and that all taks fett fen the affumptioun of the thrids, may be diffannullit, with expreffe inhibitioun againft the fame in tyme coming. [Item, that order may be taken, that fuch odious crimes as this day pro cure Gods heavie difpleafure againft the whole land, may be punifhed as God commandeth . C.J Item, that the jurifdictioune of the Kirk may be feparate fra that quhilk is civill. rltem, that the queftion anent adulterers may be once decided, as well concerning the punifhment of the adulterers, as quhither the adulterer fhall be admitted to the benefite of marriage again or not. C.J 1569: UNIVERSALL KIRK OF SCOTLAND. 147 Anfwers given by my Lord Regents Grace, with advice of the Lords of Secret Counfell, and others of the Nobility, affembled in the Convention at Perth, the penult day of July. Anent the act made in the Generall Affembly, concerning the affigna tion of minifters ftipends, my Lord Regents Grace, with advice of the Lords of Secret Counfell, and others of the Nobility and Eftates, affembled at this prefent Convention, ordains the affignation to be put in form, and thereafter to be prefented to the Exchaqre, to be feen and confidered be the Lords auditors thereof ; to the effect, that the order being found good and reafonable be them, and fuch of the kirk as fhall happen to be prefent with them, provifions may thereafter be made, and expede thereupon, according to the meaning of the faid act ; providing that commiffioners or procurators of the Kirk, at the faid Exchaqre, prefent the names of the whole kirks in Scotland, and how many minifters are prefently thereat ; to the end it may be known quhat kirks are prefently provided, and quhat defolate and deftitute of the miniftry ; and alfo fhew a perfect order how they would the minifters fhould be paid, be the thrids or otherwife ; or have all the writts in readinefs, quhich may clear doubts, and further re- folution. Anent the article defireing that the manfes and gleebs may be given to the minifters for their refidence at kirks, and that the law thereupon may be made clear, that it may take execution, and likewife concerning the reparation of kirks, my Lord Regents Grace, with advice forefaid, pro mifeth, that he ffiall caufe four, three, or two godly, difcreet, and wife men, within the bounds of every fuperintendents charge, pafs with the fuperintendent or commiffioner within the countrey or province, and vifite the manfes and gleebs of all kirks within the fame ; to the effect they may report to my Lord Regents Grace, and Lords forefaid, quhat is the particular quantity of every manfe and gleeb, be quhom the fame is pre fently occupied and inhabited, and be quhat right and title ; as alfo how much they think fufficient for the lodging and commodity of every minifter and reader ; and, if they may, to appoint the minifter or reader with the poffeffor of the manfe and gleeb ; and as they doe, to report ; upon whofe report his Grace fhall hold hand to fee the kirk and minifters prefently put in poffeffion of fo meikle of the faid manfes and gleebs as fhall be 148 THE BOOKE OF THE 1569. thought neceffar, be the faid fuperintendents and vifiters, for the lodging and commodity of the minifter or reader, as faid is, where there is no title to impede the fame ; and in cafe the fame title, by law, be reduceable, or may be declared null, his Grace ffiall hold hand to fee juftice miniftred thereupon with expedition : and where the matter flandeth in terms, that the prefent poffeffors cannot be removed be order of law, without ane ex planation of the act of Parliament, his Grace fhall travell to have the fame act explained and made clear at the nixt Parliament ; to the effect it may take execution in all times hereafter : and toward the reparation of the kirks, his Grace underilandeth that there are acts of the Secret Counfell fufficient in that behalf already, if the fame fhall be put in execution. Anent the article defireing fuperintendents may be planted throughout the whole realme, my Lord Regents Grace is content that fo be done, the perfons being godly and learned. Anent the article defireing that commiffioners may be planted through out the whole realme, to cognofce in caufe of divorcements, my Lord Regents Grace promifeth to take fufficient order in that behalf, be ane of the Lords of Seffion, at the nixt fitting down thereof. Anent the article defireing that remedy may be provided againft chop ping and changing of benefices, and felling of the fame, diminifhing of the rentals, fetting of long tacks in defraud of the Kirk, and that all tacks fett fince the affumption of the thrids may be difannulled, with exprefs inhibi tion againft the fame in time coming, my Lord Regents Grace ordaineth the faid article to be well dilated and extended, and prefented to the nixt Parliament, quhere the fame fhall have a good anfwer and refolution, quhich prefently cannot be done, through default of a fpeciall and exprefs law againft fuch abufes. Anent the article defireing that the jurifdiction of the Kirk be feparate from that quhich is civill, C.J my Lord Regents Grace ordaines the per fons nominate in the act of Parliament to conveine the tyme of the Checker, and defyne and limitat the faid jurifdictioun, according to the word of God, and the faid act of Parliament. Extractum ex libris acto- rum Secreti Confilii, Alexander Hay. [The Earle of Argile, by letter, required the Affembly to caufe his wife adhere to him : The Affembly ordained the Superintendent of Fife 1569. UNIVERSALL KIRK OF SCOTLAND. 149 to admonifh her, and report her anfwer to the commiffioners appointed to be at the Convention at Sanct Johnfton. C.J The tenour of the Act made for Affignatioun of Stipends. Forfameikle as this long tyme bygane the minifters hes bein univerfallie defraudit and poftponit of their ftipends ; and now at laft it hath pleafed God to move the hearts of the fuperiour power and eftates of this realme, to grant the thrids of the haill benefices within this realme to the minifters of Chryfts religioun, be plaine and publick parliament, as at mair length is conteinit in the faid parliament haldin at Edinburgh in the moneth of December 1567 j in refpect wherof, the Kirk prefentlie conveinit finds it moft neidfull and expedient, that all fuperintendents, minifters, exhorters and reidars, fall have their awin particular affignatiouns appointed to them, to receive the fame fra the hands of the labourers, takfmen, or uthers ad- debtit in payment of the faids thrids : And therfor the Kirk in ane voyce, be this act, gives their full power and commiffioun to every fuperintendent and commiffioner of kirks within their awin bounds, that they and every ane of them, be advyfe and confent of the commiffioners of provinces ap pointit in the fynodall conventiouns, give and make particular affignatiouns to every minifter, exhorter and reidar within their awin bounds, as they fall find the fame moft expedient, under the fuperintendents fubfcriptioun and minifters forfaids, with all claufes neidfull and expedient therto ; quhilk fall be als fufficient as if the fame were fped be the Generall Affem blie of the Kirk : And as concerning the fuperintendents and commif fioners of kirks, their provifion and affignatiouns to be made be the Gene rall Affemblie of the Kirk, and to the effect this act may take full per- fectioun, the Affemblie prefent requyres moft humblie my Lord Regents Grace and Secreit Counfell to interpone their authoritie heirto ; that the affignatiouns forfaids, generall and particular, as they fall be prefentit to his Grace, may be fped in forme of provifioun ad vitam, under the privie feale, with ordinance therupon, that lettres may be direct at every mans inftance under all the foure formes, as is grantit to the poffeffours of the twa pairt ; and als to the fame end, that his Grace and his Counfell for faid wold difcerne the thrids of the benefices forfaids within this realme, to be feparatit and devydit reallie, and with effect, fra the 2 pairt ; fo that the Kirk may intromett with the thrid part, as the old poffeffours does 150 THE BOOKE OF THE 1569. with the two part ; the fuperplus alwayes to be comptabill to the com moun affairs, according to the act of Parliament. [And for accomplifhment thereof, the Affembly giveth commiffion to the forfaid brethren appointed to goe to the convention at Sanct Johnfton with the articles before regiftred, that, among the reft, they may obtain the confirmation of this act. Mr Alexander Gordon, fome time commiffioner of Galloway, was or dained to come to the nixt Affembly, and in the mean time inhibited to exerce any function in the kirk, conform to the act made againft him in the Generall Affembly holden in July 1568, in quhich he was difcharged to exerce the office of a commiffioner in that country, or take up the thrids quhich he had for that office, in cafe he compeared not before the laft Set fion of the faid Affembly. Seff. 4a' Mr Andrew Hay, commiffioner of Cliddifdaill, and Mr Robert Pont, commiffioner of Murrey, defired to be difburthened of their commiffions, quherein they had travelled diverfe years bygone. David Hume, minifter at Aldhamftocks, protefted, that if it happened that Mr Thomas Hepburne were received to publick repentance for his offenfe committed, &c. the fame fhould no wife be prejudiciall to the gift he had from the fupreame magiftrat of Aldhamftocks, through forefalture of Mr Thomas ; quhich proteftation was admitted. C.J Seff. 5a- 9 July 1569- [Mr John Wood prefented the Regents letter, and according to the credit given him, proponed certain heads to the Affembly, quhereunto anfwers were given. C.J My Lord Regents Lettre to the Affemblie. After our moft heartlie commendatiouns, feing we are not able to be prefent at the Affemblie now approacheand, as our intentioun was, we 1569. UNIVERSALL KIRK OF SCOTLAND. 151 thoght it convenient breiflie to give gou fignificatioun of our meaning in wryte ; of the quhilk we pray gou take good confideration, and accord inglie to give your advertifement. ge are not ignorant, as we fuppofe, quhat hes bein the eftate of the kirk of God within this realme, both befor we accepted the burdein of regment and fenfyne ; how firft the thrids of benefices were grantit, and the miniftrie therby partly releivit, and fultainit in fick fort, that nothing inlaikit that our travells could procure. The firft ordour, indeid, was diverfe wayes interrupted and brokin, bot chieflie in that geir when we were exylit in Ingland, quherthrow the haill minif ters that yeir were fruftrate of their living. Shortlie the eftate of governe- ment altering at Gods pleafure, and the King, our foveraine Lord, being inaugurate with the crowne of this kingdome, the firft thing that we were carefull of, was that the true religioun might be eftablifhed, and the mi nifters of the evangell made certaine of their livings and fuftentatioun in tyme eomeing. ge know at the Parliament we were moft willing that the kirk fould have been put in full poffeffioun of the proper patrimonie ; and toward the thrids, we exped in our travell, and inlaikit only a confent to the diffolution of the prelacies ; quherunto althogh we were earneftly bent, get the eftates delayit, and wold not aggrie therunto. And fen that tyme to this houre, we truft ge will affirme, that we have pretermittit no thing that may advance the religioun, and put the profeffours therof in furetie ; quheranent the haill and only inlake hes bein in the civill troubles that God hes fufferit the countrey to be plaguit with. Now the matter being, after fo great rage, brocht to fome flay and quyetnes, it was con venient that we returne wher matters left, and preafe to reduce them to the eftate they flood in. Ane thing we man call to remembrance, that in fick tyme as we travellit in the parliament, to caufe the eftates to grie that the thrids fould be difcernit to pertaine to the miniftrie, they plainly opponit them to us, in refpect of the firft act, alledgand, that with the fuftentatioun of the miniftrie, ther was alfo regard to be had to the fupport of the prince in fuftaining of the publick charges ; quhilks if they had not fome releife be that meanes, the revenew of the Crowne being fa dimi- nifhit, and the ordinar charges come to fick greatnes, on force they wald be burdenit with exactiouns ; and fo this dangerous argument compellit us to promitt to the eftates, that we wald take upon us, the act being grantit to the Kirk, they fould fatiffie and aggrie to any thing fould be thoght reafonable for fiipporting of the publick charges of the Prince ; and 152 THE BOOKE OF THE 1569. according to this, the commiffioner deput for the affaires of the Kirk, aggriet to certaine affignatiouns of the thrids, for fiipporting of the King, and us bearing authoritie : Quhilk ordour had bein fufficient for the haill, if the civill trouble had not occurrit ; get the diffobedience growand fo univerfall ie, we are content to fuftaine our part of the inlake and lofs for the tyme bypaft. But becaufe ther hes bein murmure and grudge for that thing affignit to the Kings houfe, and ours, and fome uther neidfull things in the ftate, as that therby the miniftrie were fruftrate of their ap pointed ftipendis ; fome communicatioun was had at St Androes, and nothing yet concludit quhill the Generall Affemblie of the Kirk, quhilk now moves us to wryte to you in this forme ; prayand you rightly to con fider the neceffitie of the caufe, and how the fame hes proceidit fra the beginning ; haveing refpect that the Kirk will be verie evill obeyit with out the Kings authoritie and power ; and that now the propertie of the crowne is not able to fuftaine the ordinarie charges ; how in the beginning the thrids had not bein grantit, if the neceffitie of the Prince had not bein ane of the cheife caufes ; and at the parliament, the eftates, as we befor have wrytin, flack to confent that the haill thrids fould be declarit to pertaine to the miniftrie, quhill firft we tooke in hand that they being made without condition in favours of the Kirk, the fame wald againe con difcend to fa meikle as wald be fufficient to the fupport of the publick affaires, in foorth fetting of the Kings authoritie ; and that therfor ge will now aggrie, and condifcend to ane certaine and fpeciall affignatioun of it, that fall be imployit to this ufe, the quantitie wherof diverfe of gour felves, and the beirar Mr Johne Wood our fervand, can informe you, that after ye may diftribute to every man having charge in the Kirk of God his ftipend, according to the condition of the place he ferves in, at your wif doms difcretioun. Heirby all confufioun, that lang hes troublit the eftate of the Kirk toward the ftipends fall be avoydit, and fome fpeciall provifion being made for fuftaining of the publick charges, we may the better hald hand to lie the Kirk obeyit of that wheron the minifters fould live, as we [have bein willing hertofor, and as we believe your collectors J fall report, that during our travells in the north countrey, they have found our effec- tuous good will and travell in their furtherance. Farther we man put you in mynd breiflie of ane matter, that occurrit at our late being in Elgyn. Ane Nicoll Sudderland in Forres, was put to the knowledge of ane affyfe for inceft, and with him the woman. The affyfe hes convict him of the 1569. UNIVERSALL KIRK OF SCOTLAND. 153 fault. But the queftion is, whither the fame be inceft or not ; fa that we behoovit to delay the executioun, quhill we behoovit to have your refolu- tion at this Affemblie. The cafe is, that the woman was harlot of befor to pae faid Nicolls mother brother. Mr Robert Pont can informe you more amplie, to whofe fufficiencie we remitt the reft. Moreover, at our coming at Aberdeen, ther came ane nameit Porter- feild, minifter, provydit of befor to the vicarage of Ardroffand, and re quyrit alfo of us, that he might have the viccarage of Stevinfone, feing both was ane matter meane enough to fuftaine him, and becaufe the kirks were neir, he might difcharge the cure of both, we haveing him com- mendit be diverfe great men to the fame ; bot thoght good to advertife gou,- that this preparative induce not evill example and corruptioun ; al wayes in cace fick things occurre heirafter, let us underftand what ge wald have us to doe. As in lyke manner towards the chaplenries that fall happin to vaike, wheranent becaufe ther is no certaine ordour prefcryvit, fome confufion ftands ; fome defyreand them for lyfetyme, fome for infants that are of the fchooles, and fome for vii yeirs, we are fometyme preafit to receive or confirme affignatiouns, or demiffioun of benefices, the preparative wherof appeirs to bring with it corruptioun ; and fo we wold be refolvit how to proceid befor our coming fra Fyfe. And fenfyne we have bein verie willing to doe juftice on all perfons fufpectit of witchcraft, as alfo upon adulterers, inceftuous perfons, and abufers of the facrament, wherin we could not have fick expeditioun, as we would have wifchit, becaufe we had no uther probabilitie, wherby to try and convict them, bot ane generall delation of names ; the perfons fufpect not being for the moft part tryit, and convict be ordour of the Kirk of befoir ; this hindrit many things, quhilk utherwayes might have bein done ; and therfor we pray you appoint and prefcryve, how the judgement of the Kirk may pro ceid and be execute againft all fick trefpaffors, befor complaint be made to us ; that when we come to the countrey, we may caufe execute the law, and be releivit of the tryall of inquifition heiranent. We thoght ex pedient to give you this to advertifement ; and fo remitts the haill to your care and diligence : committs gou in the protection of the eternal God. Aberdeene the laft day of Junij 1569. Your affurit friend, James Regent. [Farther ye fhall credit the bearer towards the bufinefs of my Lord Huntly and the Abbot of Deir.] u 154 THE BOOKE OF THE 1569. [Thir are the heads proponed be Mr John Wood, in my Lord Re gents Graces name, to the Kirk conveined the 5 day of July, at Edinburgh 1569, with the refolutions and anfwers thereto. Articles and their Anfuers. In primis, That a fufficient fume be taken of the whole thrids of bene fices and rents now in your hand, be the laft act of Parliament, and par ticular prefentations fince that time, and granted for certain years to my Lord Regent now prefent for fupport of the publick charges ; and that the lame may be affigned in place and room commodious. It is anfwered be the Kirk, that upon juft confideration of my Lord Regents Graces neceffity in the publick charges he prefently beareth, they have confented, and confenteth, that the whole foumes of [victual] and money craved and defired by his Grace, in the laft Convention of fome of the Lords for that effect in Sanct Andrews, in the moneth of May laft was, be granted and allowed, and readily anfwered be the Collectors, when the fame fhall be appointed and affigned ; and for the more commodious af fignation thereof, ordains ane ample and fufficient commiffion to be made to the Commiffioners that fhall pafs from this prefent Affembly to the Con vention to be holden at Perth, the 25 day of this inftant, givand and grantand full power to the faids Commiffioners, or moft part of them, to affigne the forefaids fumes of victuall and money upon fuch benefices and thrids as fhall be moft commodious for the Kirk, and the Regents behove, with confent of his Grace ; and the fame affignation to ftand ay and whill the Kirk ffiall take further order herewith: Providing alwife my Lord Regent fhall not pafs, nor folicite the Kirk to difpone, any farther of their rents, nor confirm any other penfion granted furth of the faids benefices, or thrids quhatfomever, farther then law will compell the Kirk to doe. C] To the queftioun, Whither the cryme before fpecified, committed be Nicoll Sudderland, be inceft or not. Anfuerit : The Kirk finds it inceft, and fo hes relblvit. [Item, ane fpeciall anfwer anent the interpretation of double benefices be Mr John Porterfield, minifter at Dumbartan. Anfwered and con cluded : That no fuch gifts fhall be in tyme coming ; and that which is given is diffolved already. C] 1569. UNIVERSALL KIRK OF SCOTLAND. 155 Item, anent the chaplenries that fall happin to vaik. Anfuerit : The Kirk aggries, that they be difponit to the colledges, or to the pure, con forme to the act of Parliament, and no utherwayes. [Item, ane order to be taine anent the demiffion or refignation of bene fices. Anfwered : The Kirk underflands that all refignations and demiffion of benefices muft be made in the hands of the Kirk ; the patronages alwife referved to the lawful patrons. Item, to know what actions ye receive, to be inquired of be the minif try ; and that the delations be fo amply taine as ane dittay may be fuffi- ciently formed, that the civil fword may follow. Anfwered : It is referred to the convention at Sanct Johnfton. Item, anent the defires for my Lord Huntly and Deir. Anfwer : Be caufe of my Lord Regents Graces requeft, the Kirk would gladly doe that thing quhich lay in their power ; but be reafon of the rigorous handling of my Lord Huntly, in the great neceffity of the Kirk in thefe parts, and of the great poverty quhich the poor brether fuflaineth in thefe bounds, the Kirk can in no wife remitt the thing that pertains to the poor minifters : And likewife of my Lord of Deir, who deburfed his money to the enemies of God, to perfecute his fervants and baniffi them out of the realme. Item, what they will doe anent my Lord Regents fupplication in favours of George Robfone of Dundie. Anfwered : The Kirk aggreeth hereunto, in refpect of many circumftances ; providing likewife this be not a prepa rative to any others. Item, a declaration, how my Lord Regents anfwers pleafe them, anent the precept granted to Mr James Harvie. Anfwered : The difcharge of the writting, given to the faid Mr James and his complices, pleafeth the Kirk very well, and thanketh his Grace thereof. The Affembly appointed the Superintendent of Lothian, Mr Knox, Mr John Craig, and Mr David Lindfay, to revife the acts of the Generall Affemblies, and note the acts quhich concern the common affairs of fuper intendents and minifters, and caufe the famen to be printed ; and alfo the form of excommunication, with the inauguration of the fuperintendents and minifters. It was ordained, that fuch as come to the Affembly, repaire in due time, before the beginning of the fame ; otherwife to proceed againft them. C,J 156 THE BOOKE OF THE 1569 A. D. M.D.LXIX. [The Generall Affembly, quhich fhould have been holden in Stirling, the 25 day of February, was continued to the firft of March, to be holden at Edinburgh ; becaufe none conveened but the Superin tendent of Lothian, John Duncanfon, Minifter to the Kings Ma jefties houfe, Patrick Gillefpie, Minifter at Sanct Ninian, John Clapperton, Exhorter at Livingfton, be reafon of the murther of the Regent, and for other caufes. C.J 1569i UNIVERSALL KIRK OF SCOTLAND. 157 A.D. M.D.LXIX. The General Affemblie being appointit the 25 of Februar, in Stirling, be reafon of troubles fallin out be the flaughtir of my Lord Re gents Grace, was continuit till the firft of Marche, and begun in Edinburgh the faid day, 1569, in the Tolbuith therof ; quher were prefent the Nobilitie, Superintendents, Commiffioners to plant kirks, Minifters, Commiffiouners of kirks and townes. The fermoun and prayers made be William Chriftefone Minifter of Dundie, laft Moderator. Seff. la- [Mr Knox, Mrs John Craig, John Row, William Chriftefon, were ap pointed to confult upon the order of proceeding in actions to be treated in the Affembly, which they did, as folio weth. C] Ordour to proceid in the Affemblies. Firft, that he who was Moderatour in the laft Affemblie, fall make the prayer and exhortatioun in the Affemblie therafter following ; quhilk endit, the Kirk proceidit to the choofing ane new Moderatour, who fall continue and make prayers and exhortatioun, as faid is, and fo furth fra Affemblie to Affemblie. Secondly, the tryall of Superintendents, and Commiffioners for planting of kirks, with the accufatiouns, if any beis, be Superintendents, Commiffion ers, or any uther, againft minifters. 158 THE BOOKE OF THE 1569. Thridlie, the penitents remittit to their Superintendents or Minifters, at the laft Affemblie, to be receivit according to the ordour appointit be the faid laft Affemblie ; and els to give injunctiouns to uthers notorious criminall perfons, that either are fummoned be the Superintendents, Com miffioners of the Kirk, or of their awin frie will, moveit be haittreit of their cryme, prefents themfelves to the Generall Affemblie. Fourthlie, to difcerne upon fick things as either was undecydit at the preceidand Affemblie, and remitted to this ; or els referritt hitherto be the Lords of Seffioun, auditors of Checker, or uther wayes. [In the fifth place, collectors fhall be called to give their accompts of their diligence, namely of the homers, that thereanent remedy may be provided ; and alfo that they may be difcharged, or continued, as occafion ffiall ferve. In the fixt place, the complaints of countries for want of Superinten dents fhall be heard, and provided for, according to the neceffity of the countrey which requireth ; and likewife appellations interponed from the Synodall Affemblies to the Generall, fhall be received. In the feventh place, queftions proponed in the firft and fecond day of the Affembly, fhall be decided be luch as fhall be appointed thereto. In the eight place, all bills and complaints ffiall be read and anfwered. C] Seff. 2a- 2 Marche 1569. The haill brethren conveint, in ane voyce, for efchewing of confufioun in reafoning, choofe Mr Johne Craig, ane of the Minifters of Edinburgh, to be moderator in this Affemblie, and to make the prayers and fupplica tioun in the beginning of the nixt Affemblie, according to the ordour appointit. [The fuperintendent of Fife complained upon Mr George Lefly, Minif ter of Kilconquhar, for not making refidence at his kirk, but travelling in diverfe parts of the country at his pleafure : It was ordained that he be admonifhed, and in cafe of difobedience, fufpended or depofed. Mr Andrew Hay, Commiffioner of Cliddifdaill, complained upon David Hammilton, Exhorter at the kirk of Monkland, alledging that he had com mitted double fornication, and refufed to underly correction : The Af- 1569. UNIVERSALL KIRK OF SCOTLAND. 159 fembly ordained to proceed to excommunication againft him, and to de- pofe him from all function in the Kirk. C.J Anent the complaint givin in be Thomas Smith in Uchiltrie, agains Mr Johne Inglis, minifter in Uchiltrie, for debarring of the faid Thomas fra the Lords table, becaufe he removeit ane fhoe of ane horfe upon ane Sunday afternoon in Ochiltrie, wher neither preaching nor publick pray ers was : After long reafoning, the haill Kirk ordainit the laid Thomas to be receivit to the participatioun of the Lords table, and uther benefites of the Kirk hereafter, notwithftanding of the allegit fault above mentionat. [Some adulterers and inceftuous perfons compeared in linnen cloaths, bareheaded and barefooted, with teftimonials of their honeft behaviour during the time of their publick repentance fince the laft Affembly, ac cording to the injunctions given them. They requefted for farther injunc tions, if it was the will of the Affembly that they might be received to the fociety of the faithfull. The Affembly ordained the faid perfons, and every one of them, and all others, who hereafter fhall happen to fulfill their injunctions, C.J and hes not ftubronlie contemnit the admonitions of the Kirk, nor fufferit the fentence of excommunication for their offences, fall make publick repentance in fackcloath at their awin kirks, bare heidit and bare foottit, thrie feverall days of preaching ; and after the faid thrid day, to be receivit in the fociety of the kirk in their awin cloaths. The uthers that has bein excommunicat for their offences, fall prefent themfelves in fackcloath, bareheidit and barefoottit, faxe preach ing dayes ; and the laft after fermon, to be receivit in their awin cloathes, as faid is. [John Adam of Mauchlin, excommunicat for prefenting his child to be baptized be a popifh prieft, in papifticall manner, prefented himfelf. He, together with other adulterers and inceftuous perfons, were admitted to publick repentance, conform to the order fett down in the fecond feffion of the Affembly, holden in July 1569- John Flint, Vicar penfioner in Aitton, fummoned to compear for abuf- ing the facraments, compeared ; and was ordained to abftain from all func tion within the Kirk, till the fuperintendent of Lothian tried his ability and learning. C.J 160 THE BOOKE OF THE 1569. Seffio 3a- 3 March 1569. Anent homicides, inceftuous perfons, and adulterers, not fugitive from the lawes, bot continuallie futeing to be receivit be the Kirk to publick repentance : After long reafoning, with mature deliberatioun, the haill brethren prefentlie affemblit concluded, that all fick perfons humblie flut ing fall be receivit to give the fignes of their repentance in their awin kirks, according to the ordour appointed befor, at quhilk tyme the minif ters fall publicklie notifie their crymes, that thereby the civill magiftrates may know the crymes, and pretend no ignorance thereof. [The particular injunctions to be ufed be every particular kirk, touch ing the trial of figns of repentance of thefe that are admitted, or hereafter fhall be admitted be the Generall Affembly to publick repentance, for flaughter, inceft, adultery, or other haineous crimes, are thefe, to wit : C.J If they be excommunicat for their offences, they fall ftand bareheidit, at the kirk doore every preaching day, betwixt the affemblies, fecludit from prayers before and after fermoun ; and then entir in the kirk, and fitt in the publick place bareheidit all the tyme of the fermons, and depart before the latter prayer. The uther that are not excommunicat, fall be placed in the publick place, wher they may be knowin from the reft of the peiple, bareheidit the tyme of the fermons ; the minifter remembring them in his prayer in the tyme after preaching ; all the faids perfons to bring their minifters teftimo- nialls to the next Affemblie, of their behaviour in the meane tyme, accord ing to the act made thereupon be the Kirk, in the 2 feffioun haldin the 7 of July 1569. Anent the complaint of the parochiners of Kilmenie, for want of a minif ter to preach Gods word, and minifter the facraments : The haill Kirk concludes, that in refpect of the number of qualified and learned men of the auld Colledge, able to preach, and alfo the neirnes of the faid Colledge to the faid kirk, that fome of them fall either preach and minifter the fa craments to the peiple, or els injoyne uthers to doe the fame, quhill farder ordour be tane. [In refpect that James Hunter, armorar in Edinburgh, was reconceiled with his firft wife, and cohabited with her till her lifes end ; the Affembly iudgeth him not to be fubject to the act made againft adulterers feparated 1569. UNIVERSALL KIRK OF SCOTLAND. 161 for adultery ; but that he may marry again, providing he fatiffy the Kirk of Edinburgh, for breaking the publick order of the Kirk at his fecond marriage. Seff. 4a' Certain fcandalous perfons were admitted to publick repentance, conform to the injunctions made in July 1569, and uniform order fett down in the third feffion of this Affembly. Seff. 5a- It was ordained, That all collectors be warned to compear at all Gene rall Affemblies, which are to be holden hereafter, to know the mind of the Affembly anent their offices, and other affairs pertaining to them and the Kirk, under the pain of deprivation from their offices ; and that this advertifement be given to them be any Superintendent, Commiffioner of kirk, or Minifter. The Superintendent of Fife, Mrs John Row, David Lindfay, and James Nicolfon, were appointed to conveen with the Clerk of Regifter, and con fult for taking order, touching fuch things as were referred to the Affem bly, be Lords auditors of the Checker ; and chiefly anent the diminifhing of the rentals of the thrids. As for the felling of victuals from year to year, The Affembly thinketh it expedient that every Superintendent or Commiffioner, where there is any, and that failing, the nixt Superintendent or Commiffioner adjacent, with the affiftance of fuch affeffors as they fhall think good to affume and choofe to them, fhall appoint the prices yearly of victuals, and notify the faraen to collectors in fuch quiet manner as they fhall think expedient. The Superintendent of Fife, Mr David Lindfay, and Mr John Row, were ordained to conveen with the Advocats of the Kirk, and James Nicol- fone, and advife upon the matters refferred, be the Lords auditors of the Checker, to the Affembly ; and to give their judgements therein, which, with the doubts they fhall find, they fhall report to the Affembly. x 162 THE BOOKE OF THE 1569. Seff. 6a- It was concluded, That Superintendents, Commiffioners of kirks, prefent and to come, with the Minifters of their provinces, or moft part therof, in their fynodall conventions, fhall choofe and depofe their collectors, as oc- cafion fhall ferve. The Affembly appointed every Superintendent and Commiffioner, in their own provinces, with the affiftance of fo many Minifters as they fhall choofe, to take particular affumpts of the thrids of all benefices not affumed ; and to report the famen to the next Generall Affembly. The heads of the accufation, and chief offenfes, laid to Adam bifhop of Orknay his charge, which the Affembly defired to be redreffed. In primis, The faid Adam being called to the faid office of Biihoprick, and promoted to the profite therof, and fpecially in Chrifls Kirk, received the charge of preaching of the evangell ; to be alfo Commiffioner in Orknay, quhich he accepted, and executed for a certain fpace there after : quhile now of late he hath made a fimoniacall change of the fame with the Abbacie of Halyrudhoufe ; yet bruiking the name, and fliled Bifhop of the fame, contrar to all laws both of God and man made againft fimony. Secondly, He hath demitted the faid office and cure, in and unto the hands of ane unqualified perfon, without confent and licence afked and granted be the Affembly, leaving the flock deftitute without fheepherd ; whereby not only ignorance is increafed, but alfo moft abundantly all vice and horrible crimes are there committed, as the number of fix hundreth perfons, con vict of inceft, adultery, and fornication in getland, beareth witnefs : and hath fimpliciter left the office of preaching, giving himfelf dayly to the exercife of the office of a temporall Judge, as a Lord of the Seffion, which requireth the whole man, and fo rightly no wife can exercife both ; and ftileth himfelf with Roman titles, as Reverend Father in God, which pertaineth to no Minifters of Chrift Jefus, nor is given them in Scriptures. Thridly, To the great hurt and defraud of the Kirk, hath both all the thrids of the faid abbacie of Halyrudhoufe from the faid Lord Robert and his bairnes, alledged juft poffeffors of the fame, at leaft made a fimonia- 1569. UNVERSALL KIRK OF SCOTLAND. 163 call change thereof with the rents of Orknay for the fame, without confent or knowledge of the Affembly, as diverfe contracts made thereupon bear witnefs ; and he hath fett 19 years tacks of the lands of Brughton to his wife. Fourthly, That he neither planteth kirks deftitute of minifters in either of the faid rooms ; neither fufficiently provideth nor fuftaineth the fmall number planted before his entry ; fo that except hafty remedy be found, for meer poverty the poor minifters moft depart from the faids places, with dolour of their hearts, and alfo the flocks committed to their charge, as in particular the kirks of Liberton and Sanct Cuthbert can bear witnefs ; and the remanent wholly deftitute : alfo two kirks, to the number of fix hundreth foules, that never heard the word twice preached, nor re ceived the facraments, fince the Reformatione, viz. Fawkirke and Whyt- kirke, among all the reft of the number of 27, or thereby, in Lothian, and Galloway. Fiftly, All the faid kirks, for the moft part, wherein Chrifls evangell may be preached, are decayed, and made, fome fheepfolds, and fome fo ruinous, that none darre enter into them for fear of falling ; fpecially Halrudhoufe, although the bifhop of Sanct Andrews, in time of papiftry, fequeftrate the whole rents of the faid abbacy, becaufe only the glaffen windows were not holden up and repaired. Sixtly, The faid Adam hath accufed, both publickly and privately, the Minifters of Edinburgh, as perfons that have paft the bounds of Gods word in their publick teaching, &c. : In token whereof he hath abfolutely ab- fented himfelf from all preaching in the faid kirk, and receiving of the facraments, howbeit he hath had his dwelling place within the faid burgh, at certain and diverfe times fenfyne. Many moe might be laid to his charge ; but the Affembly trufting the former being amended, the reft will the better be redreffed, doth fuperfeed. Patrick Galbraith at Garvett, was ordained to compear, the firft Teufday of Aprile nixt to come, before the Superintendent of Lothian, in the Synodall convention of his province in Edinburgh, there to be ex communicate be him. C] 1(5l THE BOOKE OF THE Seff. 7a- 9 of March 1569. J 569. Anent Robert Lickprivick his fupplicatioun for fupport of the Kirk in his office of printing : The Kirk, having refpect to his povertie, the great expenffes he hes made in buying of printing yrnes, and the great zeale and love he beares to ferve the Kirk at all tymes, hes affignit to him fiftie punds, to be yearlie payit out of the thrids of the Kirk, be the collectours underwrytin, viz. be the Collectour of Lowthiane x lb. the Collectour of Fyfe x lb. the Collectour of Angus x lb. ; quhilk fowme the auditors of the comptis for the Kirk fall thankfuUie allow to every ane of them. [Some brethren were appointed to conveen apart, and decide quef tions. Seff. 8a- 10 of March 1569. It was ordained, That every Superintendent, or Commiffioner for the time, fhall modifie the ftipends, augment or diminifh the fame, as occa- fione fhall ferve, with the affiftance of the brethren prefently nominated ; providing they report the faid ftipends, the Minifters names hereafter to be planted, the augmentation or diminition of the ftipends, to the re gifter of the Minifters and their ftipends ; noting the time of appointing of the ftipend, the entry of every minifter, and time of augmentation of the ftipend, to the effect that they and collectours may have the extract, and rolls thereof. O] It is ftatute and ordainit, That no minifter provydit, or that heirafter fall be provydit to benefices, fett in taks, any manner of way, their gleibs and manfes, neither yet any part of the fruites and emoluments therof, in diminutioun of their rentalls ; under the paine of depryving fra their be nefice for ever : difcerning alfo the taks fett in manner forfaid, to be null and of no effect, as done be him that hes no power. Seff. 9a- [Andrew Lord Uchiltrie, George Hume laird of Spott, Robert Fairlie laird of Braid, William Lawder laird of Hautone, Andrew Ker 1569. UNIVERSALL KIRK OF SCOTLAND. 165 laird of Fadounfide, Mr John Spotfwood, Superintendent of Lothian, Mr Knox, Mrs George Hay, David Lindfay, John Row, were appointed to conveen before the Nobility prefently affembled in Edinburgh, or when- foever they fhall affemble hereafter, till the nixt Affembly ; and in their name prefent fome articles, require and receive anfwers, and report the fame to the nixt Affembly. Seff. 10a- Mr Patrick Adamfone ffiewing that he was appointed, be the advice of the brethren then conveenit in Edinburgh, to await on Court and preach to my Lord Regents Grace, and for that purpofe was modified to him five hundreth merks be year, and had ferved three moneths upon his own expence ; therefore requefted the brethren to appoint where he fhall re ceive payment of his ftipend pro tanto ; which was done. The Bifhop of Orknay prefented his anfwers to the offenfes layed to his charge. To the firft he anfwered, That it is true, that in the 58 year of God, before the reformation of religione, he was, according to the order then obferved, provided to the Bifhoprick of Orknay ; and when idolatry and fuperftitione was fuppreffed, he fuppreffed the fame alfo in his bounds, preached the word, adminiftred the facraments, planted minifters in Ork nay and getland, difponed benefices, and gave ftipends out of his rents to minifters, exhorters and readers ; and when he was a Commiffioner, vifited all the kirkes of Orknay and getland tuice, to the hazard of his life in dangerous ftormes on the feas, whereby he contracted ficknefs to the great danger of his life ; till he was fufpended from the exercife of the faid commiffion, in the yeare 1567, be reafbne of his infirmity, and fick nefs contracted through the air of the countrey, and travells in time of tenipeft : at what time he defired fome other place to travell in, which was then thought reafonable. As for demitting of his office, He denyed that ever he demitted to my Lord Robert the fame, or any part thereof: but that the faid Lord Ro bert violently intruded himfelf in his whole living, with bloodfhed and hurt of his fervants ; and after he had craved Juftice, his and his fervants 166 THE BOOKE OF THE 1569. lives were fought in the very eyes of Juftice in Edinburgh ; and then was he conftrained, for meer neceffity, to take the Abbacie of Halyrudhoufe, be advice of fundry godly men ; becaufe then we could not have the occa- fione of a Generall Affembly. As to the fecond, He denyed that he had abandoned absolutely the preaching of the word, or that he intended fo to doe ; but was to beftow his travells in preaching, as the ability of his body, and ficknefs whereunto he was fubjeet, would fuffer or permitt. He confeffed, that, in the 1563 year of God, he was required by the Kings mother, to be a Lord of the Seflione, which he accepted, with advice of godly and learned men, compting it not repugnant or contrarioufe to any good order as yet efta blifhed in the Kirke ; and alledged that diverfe others having benefices, have done the like, and are not condemned for fo doing ; yea, he doubted not to affirm, that as the office itfelf was allowable, fo it fhould be profi table for the Kirke, that many preachers of the evangell were placed in the Seflione. Item, feeing fuperintendents and minifters are, and may be temporall judges in other inferior offices, and no fault layed to their charge, he wondered why it fhould be counted a fault in him only. As for the latter part of the fecond article, he anfwered thus, With pardon and reverence of the Affembly, I may declare, that I never delight ed in fuch a ftile, nor defired any fuch arrogant title ; for I acknowledge myfelf to be a worm of the earth, not worthy any reverence ; giving and attributing to my God only, all honour, glory, and reverence, with all humble fubmiffion. To the third article he anfwered, That it is true, that he had fett ane affe- dation of the fruicts of the bifhoprick of Orknay to'the faid Lord Robert, for the yearly payment of certaine dutys contained in his tacke ; and albeit the faid Lord Robert, for payment of a part of the yearly duty forfaid, affigned to him a certaine penfione, which his bairnes had affigned unto them, of the fruicts of the Abbacy of Halyrudhoufe ; of which penfion they had confirmation be act of Parliament, and were in real poffeffion without impediment diverfe years ; with provifion alfo, that in cafe it fhall happen, the penfion be evicted from them, the faid Lord Robert fhall pay to him fo mickle filver, victuall, and goods of the fruits of the Bifhoprick of Orknay, as extend to the juft valuation of the faid penfion ; which thing is done, and permitted univerfally throughout the whole realme, that any ecclefiafticall perfon may fett a part of his benefice in tack for the 1569. UNIVERSALL KIRK OF SCOTLAND. I67 yearly payment of a juft duety, and fo there is nothing bought or fold in defraud of minifters : but be the contrar, he being troubled be vertue of letters of horning, at the inftance of the collectors of the Kirk, and alfo at the inftance of the faid Lord Roberts bairnes, charging him to make double payment, he meaned himfelf to the Lords of Seffion, defiring both the parties to be called before them, and to decide who had juft title ; which action was yet depending before the Lords to his great hurt, for in the mean time his whole living is fequeftrate : and in cafe the collectors of the Kirk evict, he will get recourfe and payment of the fruicts of , the bifhoprick ; and that he has made no other plea or impediment be himfelf, or be his procurators. To the firft part of fourth article, he anfwered, That he had no com miffion to plant or vifite, fince his entry to the faid Abbacy ; but if they would give him a conjunct charge with the fuperintendent of Lothian, he fhould fo travell that they fhould be fatiffied. As to the fecond part, he anfwered, That the whole thrids of the benefice of Halyrudhoufe, are to be paid forth, either to the collectors of the Kirk, or to the Lord Roberts bairnes : and attour the moft part of the fruicts of the two part of the faid Abbacy is affigned and given forth in penfions to diverfe perfons, before his proviiion ; and yet he hath payed to the minifters their ftipends, as they were wont to receive forth of the faid Abbacy, and hath augmented fome minifters ftipends : and alfo, if the plea depending before the Lords were decided, would be as liberall in the fuftentation of minifters as become him, having refpect to the rent of the benefice ; and withall defiring, that fo many minifters, fome times Channons of the place, havinc a great part of the living affigned out of certain kirks now altogether defti- tuted, might be charged to ferve rather in the faids kirks, then in others, as other Channons doe in other kirks, whereof they receive their living ; and promifed, if fo were done, to augment their ftipends largely. As to the fifth he anfwered, He was but of late come to the benefice ; and the moft part of thefe kirks were pulled down be fome greedy perfons, at the firft beginning of the Reformatione, which hath never been helped or repaired fenfyne ; and few of them may be repaired be his fmall portion of the living ; but fpecially the Abbay Church of Halyrudhoufe, which hath been, thefe 20 years bygane, ruinous through decay of two principall pillars, fo that none were affured under it ; and two thoufand pounds beftowed upon it, would not be fufficient to eafe men to the hearing of the 168 THE BOOKE OF THE 1569. word, and miniftration of the facraments. But with their confent, and help of ane eftablifhed authority, he was purpofed to provide the means, that the fuperfluous ruinous parts, to wit, the Queir and Croce Kirk, might be difponed be faithfull men, to repair the remanent fufficiently ; and that he had alfo repaired the kirks of Sanct Cuthberts and Liberton, that they were not in good cafe thefe 20 years bygane : And farther, that there was ane order to be ufed for reparation of kirks, whereunto the parochiners were obliged, as well as he ; and quhen they concurred, his fupport fhould not be inlaiking. As to the laft, He denyed that he fpake any thing, but that which he fpake in the laft Affembly in their own audience. God forbid that he fhould be a detracter of Gods minifters, for any privie injuries done to him, as he alleged none : if there were any, he would rather burie them, then hinder the progrefs of the evangell. As for abfenting himfelf from their preaching, he anfwered, He only keeped his own pariffi kirke, where he received the facraments. Mr Knox, Mr John Craig, Mr David Lindfay, were appointed to try the fufficiency of thefe anfwers, and to report to the nixt Affembly. Mr David Lindfay was appointed to prefent certain articles to the Lords of Seffion, and to require their anfwers : The articles and anfwers follow : Firft, The thrids are decerned to pertain to the Minifters, be a law and act of Parliament paft in rem judicatam, and have received execution of a deereit and fentence of liquidat fumes and victualls ; againft the which your Lordfhips, by your dayly practice, ufe to give no fufpenlion, without confignation of the fumes decerned : and notwithftanding, there are fo many fufpenfions of this execution for the thrids given, that both your Lordfhips are troubled with the proceffe, and the poor minifters defrauded of that quherOn they fhould live ; for remeed quherof, the Affembly moft humbly requireth your Lordfhips to take fuch order herein, as that no fulpenfions be given for the thrids in times coming, except the complainers defiring the fulpenfion, make payment to the collector of fo meikle as is out of queftion, if it ftand in difference of the queftion of the rentals ; and configne in the Clerke of Regifters hands, fo much more, as fhall happen to be decerned, or find caution in Edinburgh refponfable therefor ; And likewife configne, or find caution, if he claimeth the whole thrid to be difcharged, for the whole : And that none of thir pafs upon light caufes, 1569. UNIVERSALL KIRK OF SCOTLAND. 169 but be read in prefence of your whole Lordfhips, before the bills be paft and delivered. 16 Martii 1569. Item, That no letters paft upon your Lordfhips decreets given upon new Agreed. provifiones or fummons warrand all parties to hear letters given, except there be fpeciall provifione and exceptione made of the thrid therein ; or els that the complainer have fufficient teftimony that the thrid is allowed in his ftipend, or remitted be fome good order, and fhew the Kirks ad miffion and ordinance thereupon : And for obferving thereof, that your Lordfhips would take fuch order with your own Clerks of the Seffion, that no lettres pafs by the provifion forefaid ; and that the cautions be given, or fufficiently notified in writt, to the Clerk of the Collectory, or to the procurators of the kirks, to the effect that the Kirk may call there-. for, when time is. Agreed. Item, That your Lordfhips will give letters, at the inftance of the procu rators of the Kirk, to charge all beneficed perfons that as yet have not given in their rentalls, to produce and give in the fame, at ane certain day to be appointed be your Lordfhips therto ; with certification, if they failgie, your Lordfhips will direct letters to uptake and bring in the whole fruicts of their benefices, to the ufe of the miniftry, conform to the firft act and ordonance made for uplifting of the thrids, and, in the mean time, that ye would give command to the Commiffars to fequeftrat the whole fruicts of their benefices forfaids, not given up in rentall, as faid is ; with letters of full inhibition be your own deliverance, that none anfwer, obey, nor make payment of any part of the fruicts of the faids benefices, unto the time the poffeffors pretending right therto, give in fufficient rentalls there of ; and either give a particular affumption, or caution for the thrids, as the Kirk will ftand content with. Item, That according to your Lordfhips order already taken anent the calling of the Kirks actions, and promife made thereupon, that ye will caufe the fame to be obferved ; to wit, that every day of the Seffion, ye will call one of the Kirks actions to be given in be the Soliciter and procurators of the Kirk, as weil of the particular as generall caufes therof. And becaufe it is well known to your Lordffiips, that fra ye enter in other caufes, it is not poffible to you to get any other called; therefore your Lordfhips will condefcend and ordain the faid actions of the Kirke, to be dayly called firft before any other, fo that it be not deferred to the end ; wherethrough both the actions lye Agreed. 170 THE BOOKE OF THE 1569. * uncalled, and your Lordfhips are troubled and flandered, that ye doe nothing in the Kirks caufes. Anfwer : The Lords will doe fuch diligence to fatiffie this article, as they may goodly. Georgius Gibson, Scriba Confilij, de mandato Dominorum Confilij. The brethren appointed to refolve queftions, exhibite their refolutiones, as followeth : Queftion, C] Quhat fall be done to them that will not forbeare the companie of excommunicat perfons. Anfwer : After due admonitiouns, to be excommunicat, except they forbeare. [Q. If it fhall be thought good, that excommunicatione fhall be orderly fuiminat againft the wicked murtherer of my Lord Regents Grace ; and againft all thefe that had any part, art, or counfell therein, or yet were maintainers of the fame. A. The perfone committer is to be excommu nicated in all notable tounes ; and the excommunicatione is to be notified in paroch kirks, where there is order ; and the reft are to be proceeded againft, as they may be lawfully convict. Q. Seeing the prefent eftate of the Kirk, What is now prefently to be defired at the Counfell and Nobilitie, for the weale of the fame ; and if rati- ficatione is to be craved of fuch things as my Lord Regents Grace lately granted to the Kirk. A. Ratificatione of things done by my Lord Regents Grace is to be required ; and farther as the Affembly fhall think good. Q. If baptifme is to be miniftred to the children of the excommunicat. C.J The children of excommunicat perfons to be receivit be a faithfull member of the Kirk to baptifme. Q. [If two parties be contracted, the bannes proclaimed, and the day appointed for folemnizatione of marriage before the minifter and congre gation, the woman refufe allutterly to take the man, Whither fhe fhall be compelled or not ; and what fhall be the minifters part in this cafe. A. The matter is to be referred to the Commifars ; and the woman to be punifhed upon trying of her caufe, according to the order of the Kirke. 1569. UNIVERSALL KIRK OF SCOTLAND. 171 Q. What order fhall be taken anent abbacies now vacant, and not pro vided. A. It is to be meaned to the Lords by way of fupplicatione, that the tithes may be employed to the fuftentatione of the miniftry. Q. Shall the Angle woman committing adultery with a married man, be equallie punifhed with the man, and compear before the Generall Affembly. C] A. A fingle woman committing adulterie with a married man, fould be equallie puniffiit [with the man, and receive injunctions of the Generall Affembly. Q. A woman divorced for adultery committed be her, contracting marriage with another, beareth a child to him, and defireth to proceed to the lolemnizatione of marriage, Whither fhall the man be permitted to marrie this woman. A. Let her prefent herfelf to the Affembly to be punifhed ; and then let her fupplicatione be given in, and fhe fhall have ane anfwer. Q. What fhall be done, J where a man repudiats his wyfe and bairnes without a caufe, and no wayes will receive her againe. A. The minifter fould labour for reconciliation ; and the partie offendit complaine to the Judge competent. Q. A promife of marriage made befor the reidars and elders in a refor- mit Kirk, the parties contractit compeirs before the minifter and feffioun, requires the bands to be proclamit ; quhilk beand done, the Kirk finds carnall copulatioun to have followit be confeffioun of both the parties : When the Kirk requyres them to proceid to the folemnizatioun, the woman refufes. A. Admonifche the partie refufeand to folemnize the marriage ; or els to get a deereit from the Judge competent, that they fould not marrie, under the paine of excommunicatioun. Q. Perfons, after promife of marriage [made before witneffes,] and pro clamation of the bands, defyreand to be frie from the bands, no carnall copulation following. A. They fould be frie, fi res eft integra, and their inconftancie punifhit. 1 Q. [Two men haveing lyen with two filters, If any of them may 172 THE BOOKE OF THE 1569* marrie the daughter of the other man begotten upon another woman, and not upon any of the two fillers before mentioned. A. No impe diment found. Q. If a Minifter having a benefice in one fhire, and another in another fhire, may be chofen to the thride offiee, viz. to be a Superintendent, or Commiffioner. A. Not, except the particular kirks be provided according to the time. Q. In refpect of the great offences committed in difturbing of the com mon peace, and breaking the unity which God hath made betwixt the realms, and that be thefe who have avowed themfelves profeffors of the word of God, who have not allanerly often times committed the forfaid offences, but ftill to aggrege the fame, have received and maintain the rebells of England, defpifing herein both God, and the prefent authority : The minifter where fuch enormities are committed, requireth your judge ment, What becometh him to doe, and how he fhall ufe himfelf towards them for fafety of his confcience, and avoiding of flander. A. Let him reprove vice, without exceptione of perfones, conforme to Gods word prudently. Q. If any perfone having already of the Kirk a fufficient living, and after called to the office of a Superintendent or Commiffioner, fhall have a new ftipende appointed, or rather be content of the old living, if it be fufficient for his office ; or at moft to receive fuch augmentation as the burthen of the office requireth. A. Let this be confidered be their dif- cretione, at their electione, Q. A man having two benefices in fundry fhire*, and under fundry fuperintendents, ferving for one of them, If he fhall have thrid of the other difcharged. A. Becaufe this queftione hath been moved before, and, as we underftand, refolved, we remitt the anfwere to the fight of the fame in the Regifter. Q. If it be lawfull for Minifters to leave their vocation, and ufe uther offices and charges within the commoun weill. C.J A. It is not leifum for Minifters to leave their vocation, and ufe uther offices and charges 1569. UNIVERSALL KIRK OF SCOTLAND. 173 i within the commoun weill, without content of the Kirk ; and, in tymes coming, it is neidfull, that all that ferves in the miniftrie be publicklie inaugurate. [Q. A certaine man, whofe wife was banifhed of Dundie ten years fince, for certaine crimes committed be her, hath begotten a child upon another woman about two years fince, not knowing whither his wife was living or dead ; for which offenfe he was punifhed be the magiftrat ; and hath made diligent inquiry, according to the injunctiones given to him, to learne whi ther fhe was living or dead, and can come to no certaine knowledge thereof, as his teftimonialls bear witnefs : He requireth now, Whither the Affembly will injoyne him any farther fatiffactione for his crime, and whither he may have liberty to marry. A. Edicts are to be ferved for farther fearching of the woman ; and farther punifhment for proceeding in marriage is to be fufpended to the nixt Generall Affembly. Seff. lla- The Commiffioners appointed in the laft Affembly to give anfwer to my Lord Regents Graces defires, produced the faid anfwers with his Graces promifes contained therein ; together with the affignation of money, and victualls to the Kings Majefties houfe, the Regents Graces, and others ; both fubfcrived with his hand. Firft, They condefcended, That the affignations before granted for the Kings Majefties houfe, and other common affairs, ftand in form as before ; and that during the Kirks will. Item, That the fumes appointed for my Lord Regents own houfe, ex tending to five thoufand merks or thereby, which the collector fhould have paid, fhall be paid. Becaufe thir premifes are granted, my Lord Regent promifeth faithfully not to charge the Kirk with any farther deuty of the thrids ; but if a fuperplus remain, the Minifters being paid, it fhall be bellowed to fuch Godly ufes, as the Affembly thinketh beft, be his Graces advice. And, to the effect that good payment may be gotten of the whole, my Lord Regents Grace promifeth to travell to the uttermoft of his power, 174 THE BOOKE OF THE 1569. that obedience may be given ; and that the laws made againft difobedients fhall be executed. Farther, His Grace giveth power to choofe, or depofe, if need be, their own collectors, and to call them to accompt, when they think good ; without prejudice to the generall compt yearly to be made in the Ex- cheker. In like manner, His Grace condefcendeth to the particular affignation of Minifters, where they may be conveniently gotten, without prejudging the affignations before granted, and the fumes granted to my Lord Re gents Graces houfe ; providing the forefaids affignations, ipfo facto, be difolved, whenfoever the affigney obtaineth any benefice fufficient for his ftipend, or that the Affembly fhall think otherwife. Item, That Minifters, and Superintendents ftipends fhall be modified, and appointed be fuch as the Generall Affembly, having warned his Grace and Counfell thereunto, fhall appoint. C.J James Regent. 1570. UNIVERSALL KIRK OF SCOTLAND. 175 A. D. M.D.LXX. The Generall Affemblie of the Kirk, haldin at Edinburgh, in the Nether Counfell Houfe, the fyft day of Julij 1570 ; quher were affemblit the Nobilitie, Barronis, Superintendents, Commiffioners of Kirks, Provinces, Townes, and Minifters. The exhortatioun and prayer made be Mr Johne Craig. The haill brethren prefentlie conveinit choofe Mr Robert Pont, Mode* ratour for this Affemblie. Seff. 1«- [The Superintendent of Fife was delated for negligence in reparation of Kirkes. His excufe was, He could gett no officer of armes to putt in execution letters againft parochiners, where the faid kirks were ruinous. The Affembly ordered the Superintendents, and Commiffioners for plant ing of kirkes, to charge the Collectors officers within their provinces refpective, to execute letters for reparatione of kirks decayed, as the faids Superintendents or Commiffioners ffiall charge them ; who fhall caufe them be fatiffied at the difcretione of the Affembly, conforme to their diligence and pains taken thereanent. Commiffion is given to Mr John Robertfone, Thefaurer of Roffe, to affifl Mr Donald Monroe, Commiffioner of Roffe ; becaufe the faid Com* miffioner was not prompt in the Scottifh tongue. C.J 176 THE BOOKE OF THE 1569. Seff. 2a- Penitents that for their offences reforts to the Generall Affembly, either to receive injunctiouns, to fhew fignes of their repentance, or that fould prefent themfelves befor the fame in linnen cloathes, and receive farther injunctiouns ; That they be warnit [by their Superintendents, Commif fioners or Minifters,J to compeir the fecond day of the Affemblie per- emptorilie. [Becaufe fome, who had once accepted the office and charge of preaching the word, had deferted their calling, the Affembly ordained, That all and fundry Minifters, who hereafter ffiall accept the laid office, fhall be inau gurate publickly, conforme to the order appointed in the end of the Booke of Excommunicatione : AndJ Minifters at their publick inauguratioun fall proteft folemnlie, that they fall never leave their vocation any tyme ther after, under the paine of infamie and perjurie ; [and that this be done and execute be Superintendents, and Commiffioners appointed for planting of kirkes : And in like manner, That all Minifters already placed before the making of this ftatute, fhall make the like proteftatione, in their Syno- dall conventiones, before the Superintendents or Commiffioners, who fhall infert the faid proteftatiounes, from time to time, in their bookes, ad futu- ram rei memoriam. O] Anent the tryall of gong children, and how they are broght up be their parents in the true religion of Jefus Chryft : It is ordainit, that Minifters, and elders of kirks fhall univerfallie, within this realme, take tryall and examine all gong children, within their parochin, that are come to nyne geirs, and that for the firft time ; thereafter, quhen they are come to 12 geirs, for the fecond tyme ; the thrid tyme to be examined, quhen they are come to 14 geirs ; quherthrow it may be knowin that they have pro fited in the fchoole of Chrift, fra tyme to tyme : [And that the names of them that fhall be tryed, be written be the Minifters, and elders ; and every one of them within their own parochies. The penitents compearing to iubmitt themfelves to the difcipline of the Kirk were ordained to repair to their owne Minifters refpective, who would fhew to them the injunctiones appointed be the Affembly, to be fullfilled for fignes of repentance unto the next Affembly ; and to compear 1570, UNIVERSALL KIRK OF SCOTLAND. 177 in linnen cloathes, bare headed and bare footed, the fecond day of the next Affembly, to receive farther injunctiones ; and every one of them to bring a teftimoniall from their owne Minifter, of their behaviour in the meane time. Others compearing in linnen cloathes, bare headed and bare footed, with teftimonialls from their Minifters, or teftificatione of their Minifters there prefent that they had fulfilled the injunctiones appointed to them, were remitted again to their own Minifters refpective, to be received to the focietie of the faithfull, according to the act of the Generall Affembly, made the fecond of March 1569, and fecond Seflione of the fame Affem bly. Others fummoned be the Superintendents, Commiffioners, or Minif ters, often times called, but not compearing ; it was ordained, That the fentence of excommunicatione fhould be reiterat againft them who were already excommunicate, and the caufe declared wherefore it was fo done ; and that they proceed to excommunicatione againft others, for their difobe dience. Seff. 3a- Mr John Craig, John Row, and David Lindfay, Minifters, Mr Tho mas Makcalgean, Advocate, David Forreft, Generall of the Congie houfe, Mr James Lawfone, Subprincipall of Aberdeen, were appointed for deci- fion of queftions. It was ftatut and ordained, That as it pleafed God of his mercy to erect the authority of the Kings Majefty, with publick confent of the Eftates in Parliament, even fo the famen ought, and fhould be univerfally obeyed throughout this realme, without acknowledging any other authority, what foever title be pretended. Moreover, Minifters are commanded, in their publick fermons, to pray publickly for the prefervation of His Majefties perfon and authority ; with certification, that all fuch as fhall be found negligent or difobedient, fhall be punifhed as the Affembly ffiall think expedient. And farther It was declared, That if any fubject or fubjects of this realme, of what eftate foever they be, fhall prefumptuoufly take upon them to inhibite any Minifter to obey this ordinance of the General Affem bly, what cloke or colour foever he or they pretend ; or by minacing make 178 THE BOOKE OF THE 1570. impediment unto them, fo that without fear Minifters may not ferve God in their vocation ; that, in that cafe, fuch troublers ffiall be fummarly, upon the notoriety of the fact, excommunicate, and fhall be holden rotten mem bers, unworthy of the Society of Chrifls body. And lait, The Affembly commandeth all Superintendents, and Commif fioners of Provinces, to caufe this determination to be publifhed in all the paroche kirks, that nane hereafter pretend ignorance. Item, It was ordained, That this act and ftatute fhould be printed be Robert Likprivick, that no man pretend ignorance. C.J It is ordainit, be reafon of the great troubles laitlie rifen in this realme, be defection of fome fra the Kings Majefties laufull authority, That certain brethren be fent fra the Kirk, to all Erles, Lords, Barrones, and Gentill men quhatfoevir, that hes made the forfaid defectioun, and travell with them be all meanes poffible, to reconcile them to the lawfull obedience of His Majeftie ; and to certifie them that difobeyis, that the haill Kirk will ufe the fword againft them, quhilk Gods word hes committit to them. Com miffioners for that effect : Mr Andro Hay, [Commiffioner of the Weft,] and Mr David Lindefay, [Minifter of Leith, J to my Lord Dukes Grace, the Erles of Argyle, Eglintoune, Caffills, my Lord Boyd, and uther Bar- ronis and Gentill men that they can goodlie meit with within the Weft partis : The Laird of Dunne, Superintendent of Angus and Mernes, to the Erie of Craufurd, the Lord Ogilvie, and their affifters. Quhilks Commiffioners were commandit to report their anfuers to the nixt Gene rall Affemblie. [Power was given to Mr Robert Pont, Commiffioner of Murray, with the affiftance of the Kirke of Elgine, to proceed, after due admonitiones, to excommunicatione againft Patrick Bifhop of Murray. It is ordained, That all Superintendents and Commiffioners to plant kirkes, with fuch as they ffiall choofe in their Synodall conventiones, fhall hear the compts of the Collectors of their owne provinces, at fuch day and place as fhall pleafe them to appoint to the faids Collectors ; and report to the nixt Affembly, quhat diligence and fidelity they fhall find in them : and that they fhall have power to depofe, and retaine the faids Collectors, as occafione fhall ferve, conforme to the act of the faid Affem bly made of before thereanent. C] 1570. UNIVERSALL KIRK OF SCOTLAND. 179 Seff. &¦ The contraverfie in St Androes betuixt Mr Robert Hamiltoun, Minifter ther, and his Collegis on the ane part, and Mr James Carmichell, and his Collegis on the uther part, is treattit and difcufit be the Affemblie of the haill Kirk ; becaufe the fame concernes doctrine, flander that may rife therin, or difcipline of the Kirk. [The brethren appointed for decifione of queftiones, reported their de- cifiones, as followeth. It was afked, What is the jurifdictione of a Superintendent, and how far it is extended be Gods word. Anfwer : Remitt the anfwer to the Book of Difcipline. Q. If a Minifter, Exhorter, or Reader, and any other man, be at debate for any injurie in word or deed, the actione being civill, Who fhall be Judge in that matter. A. The actione of injurie belongeth to the Ma- giftrates : The flander to the Kirk. Q. If a Minifter fufficiently provided for his miniftratione at any kirke, have other benefices wherof he receiveth the fruicts, Whither the fruicts he receiveth may be called thift, reafe, facriledge, or juft poffeffione. A. Referr this*. to the modifiers of ftipends, as they fhall anfwer before God. Q. Whither it is better that all Minifters were equall in labours, to wit, thefe that labour in touns were equall, and without touns ficklike' equall ; or according to diverfe qualities and gifts, fome fhall be preferred to others ; and if this be thought good, Who ffiall be Judge ; Whither the Superintendent only, or not. A. This is anfwered be the appointment of moderators of ftipends. Q. Whither, If a man having the properties requifite in a minifter, not having a certaine flock, fhall be admitted to preach, and minifter the Sacra ments, in neceffity, or in default of a minifter, if it fhall pleafe him ; fo that he promife to continue in the faid vocatione : or fhall none be admitted who hath not a particular flock. A. This article is obfcure. Q. Whither it be papiftry, when any man profeft in ane abbay, fhall be chofen miniflrator, or ceconomus, be fuffrages of thefe that have been profeft in ane abbay, which profeffione is papiftry, and be that election brooke the title. A. Howfoever the profeffione was papiftrie before, yet the miniftratione of the temporal fruicts is a part of the policie, and 180 THE BOOKE OF THE 1570. no wife papiftry. Mr John Rutherford protefted, in fo far as the anfwers to thir queftions is not fufficient, that he may have remeed at the nixt Affembly, or otherwife, &c. Q. A man having juft occafione to fufpect his wife of adultery, be com mon brute and otherwife, giveth in a complaint to the Seflione of Edin burgh, craveth tryal ; but afterward moved with fooliffi pitie, taketh up his complaint, and defireth the Seflione of the Kirke to be filent and keep fecret : Thereafter, in the fame mans houfe, when he is furth of the countrey, ane adulterer is deprehended with his wife be the Magiftrate, at ten hours at even : The hufband returning compleaneth again to the Seflione of the Kirke, craveth the laft flander to be tryed, which was tryed : Moreover, the hufband accufeth the adulterer before the Juftice ; and he is convict, be ane affife, of adultery committed with his wife : and ficklike he calleth his wife before the Juftice. Now, in the meane time, before the day of her compearance, it is bruted, and vehemently fufpected, that the hufband is already reconciled with his wife, or to be reconciled, before fatiffactione be made to the Kirke ; and fo is already, or intendeth to be a patron to his wifes adultery, and therethrow to committ lenoci- nium. What order fhall be taken with this hufband reconciled with his wife, without fatiffactione made be her ; or, What order ffiall be taken with fuch men as clocke the adultery of their wives, notorioufly and publickly known. C.J A. Cloakers of adulterie fould be callit, and convict : and if it be found, that they have cloakit publick adulterie, after their know ledge, then let the rule have place, Confentientes et agentes pari poena puniantur. [Q. Whither the Communion may be miniftred upon Pafch day, or not. A. Why not, where fuperftitione is removed. Q. Whither a man deflouring a virgine fhall be conftrained to marrie her ; or, if paying her tocher, according to the difcretione of the Kirke, he may be free to marrie whom he pleafeth in the Lord, A. Let the Kirke ffiite the Magiftrats to confent to this law. C.J Q. When a woman beares a bairne to a certaine nian, and in the tyme of her birth, before the midwyfe, alledgis the bairne to be this mans, and beand callit befor a Judge beand ready to fweare the fame ; and this man 1570. UNIVERSALL KIRK OF SCOTLAND. 181 is readie to fweare the contrair, and that he had never carnall deale with this woman ; and ther is no uther witnes : Whither fall credence be givin to the mans aith, or to the womans ; and fall the bairne be left without a father knowin. Anfuer : Neutri credendum. [Q. What fhall be anfwered to thefe who charge Minifters to defift from praying for the King, or revenge of the Regents murther. A. The Mi nifters fhall pray for the Kings Majefty, according to ane act made befor in this Affembly ; and alfo for revenge of the Regents murther. Q. What way ffiall the Lords of the Seffion that have benefices, and their thrids free, be compelled to provide Minifters to their own kirks, A. Lett the compleaners give in their complaints to the Kirk, that the Lords may be called befor the Kirk, for order to be taken with them. Q. If thofe that withhold the duty of the Kirk, wherethrough Minifters want their ftipends, may be excommunicate. C.J A. All things beand done that the civill ordour requyres of them that withhaldis the duetie of the Kirk, quherby Minifters wants their ftipends ; the Kirk may proceid to excommunication, for their contempt. [Q. What order fhall be taken with fuch minifters as are provided to benefices by the reformed Kirk, and have manfes, but will not make re- fidence. A. Let them be admonifhed to make refidence, under the pain of deprivation. Q. What order fhall be taken with fuch popifli priefts as are excommu nicat for miniftration of the Sacraments, and felling of the fame, yet will not abftain. A. Raife letters of caption upon them. C.J Seff. 5a- Compeirit Mr James M'Gill of Rankeillor-nether, Clerk of Regifter, and Counfellour to our Soveraine Lord, Lord Johne Ballantyne of Auchnouln- hill, Knicht, Juftice Clerk, Mr Archibald Dowglas, ane of the Lords of the Colledge of Juftice, quho, in prefence of the haill Affemblie, proponit 182 THE BOOKE OF THE 1570. in my Lord Chancellours name, how his Lordfhip had underftand, that in the contraverfie among them in St Androes, there was conteinit fome heids tending to treafon, and agains the Kings Majefties authoritie : Therfor reqyrit the Kirk prefentlie aflemblit, to fuperceid all decifion in that matter, concerning the Kings Majeftie, untill the tyme the Nobilitie conveine, quhilk will be within ten dayis .; befor quhom that heid aucht to be fichtit : notheles that the Kirk proceid to fick things therin, as per taines to their awin jurifdictioun. To the quhilk proteftatioun the Kirk aggriet. The faid day the haill Kirk prefentlie affemblit, in ane voyce and mynd, gives full commiffion and power to the honorable, their loving brethren, Johne Erfkin of Dunne, Knyght, Superintendent of Angus and Mernes, Mrs Johne Wynrhame, and Johne Spotifwood, Superintendents of Fyfe, and Lowthiane refpective, Mr James M'Gill of Rankeillor-nether, Clerk of Regifter, and Counfellour to our Soveraine Lord, Mrs Johne Knox, and Johne Craig, David Lindefay, of Edinburgh and Leith Minifters, the Proveft of Dundie, Mr Thomas M'Calgean, the Lairds of Balvaird, Spot, Braid, Carnall, Dreghorne, Lundie, Howftoun, Drumquhafil, Coldon- knowis, Garden, Fawdonfyde, Thornetoun, Inchbrakie, David Forreft, Generall of the Congie, David Ramfay of Dundie, Patrick Murray in St Johnftoun, and Robert Campbell of Kingeancleuch, or any aucht, or fevin of them, to compeir in Edinburgh, the xij day of this moneth of July, with continuation of dayes, fa oft as the Nobilitie of this realme fall conveine, betuixt this and the nixt Generall Affemblie : And ther, in name, and behalfe of the haill kirks in Scotland, propone and prefent to the faid Nobilitie, articles, heids, fupplicatiouns, and complaints, fuch as the faid Kirk hes already pennit and delyverit to their faids brether, or heirafter fall, before the nixt Generall Affemblie, delyver ; moft humblie in their names, To requyre anfuers, and grant to their articles, and fupplica tiouns, and with redreffes of their complaints, according to equitie and juftice : To affifl, concurre, and confent to all and quhatfumevir fall be treatit in the faid Conventioun, tending to the fetting forward of the glorie of God, preaching, and maintaining of true religioun, within this coun trey, the Kings Majefties authoritie, commoun weil, and authoritie of this realme : As alfo, To take cognition in all and quhatfomevir complaints, fupplicatiouns, and requeifts of brether, fpecially remittit to them be this Affemblie : And quhatfoevir beis done be them in the premiffes, To 1570. UNIVERSALL KIRK OF SCOTLAND. 183 report the fame to the nixt Generall Affemblie of the Kirk, to begin in Edinburgh, the firft day of March nixt to come : firme and ftable hald- and and for to hald all and quhatfomevir the faids brether, or any aucht, or fevin of them, in the premiffes leads to be done. The Kirk prefentlie affemblit, for certaine caufes moving them, dif charges all and fundrie affignatiouns, and penfions granted be the Kirk, during their will, to quhatfomevir perfon or perfons, befor the daitt heirof; and ordaines the collectour of the Kirk totintromett therwith heirafter; and to put inhibitions to all them that heirtofoir hes had any fick affigna tiouns or penfions ; except that quhilk is affignit to the Kings Majefties houfe allanerly : [And this to be intimat to the Lords, Senators of Seffion of Juftice, requeifting their Lordfhips, that no letters be granted be them, to any perfon having affignation, or penfion of the thrids, contrar to the tenor of this Act. Mr Robert Pont, Commiffioner of Murrey, and Mr Andrew Hay, Commiffioner of Cliddifdaill, defired them to be difburthened of their commiffion ; but were requefted to continue till the nixt Affembly. C.J 184 THE BOOKE OF THE 1570. A.D. M.D.LXX. The Generall Affemblie begun and haldin at Edinburgh, the fyft day Marche 1570 : In the quhilk were prefent the Barronis, Su perintendents, Commiffioners to plant Kirks, Commiffioners of Provinces, Univerfities, Townes, Kirks, and Minifters. Mr George Hay was chofin Moderatour be fuffragis, to make prayers in this Affemblie ; and exhortatioun in the beginning of the nixt. Seff. la- [Mr Knox prefented the Regents letter, wherein he craved the Affem bly to be tranflated from Edinburgh to Stirling, or Glafgow. The Affem bly was willing ; but defired his Grace to hold them excufed, becaufe the Barons, Gentlemen, and Commiffioners, fome of them wanted horfe, fome of them had other impediments ; The perfons fummoned were warn ed to compear at this place. Some were appointed to revife the Commiffioners diligence in executing their commiffion. C] The Kirk affemblit ordaines all Superintendents and Commiffionars to plant kirks, to prefent heirafter their bookes of their vifitatiouns, every ane within their province refpective, to every Affemblie heirafter following, to be fichtit and confident be fick brether as fall be appointed therto, fra Af femblie to Affemblie ; to the effect the Kirk may underftand their diligence in executing their offices within their provinces. The Kirk finds fault, that Mr Johne Rutherfurd, minifter at Cultis, hes not done diligence in ferving the laid cure, at leaft certaine tymes in the 1570. UNIVERSALL KIRK OF SCOTLAND. 185 geir : admonifhing him therfor to amend the faid fault, in tymes coming, utherwayes the Kirk will proceid againft him, as a neglecter of his dutie. [Anent the Jurifdiction Ecclefiaftical, and what ought to pertain thereto, and to be fuited for at my Lord Regents Graces hand : The Affembly appointed the Superintendents of Angus and Fife, Mr Knox, Mr Robert Pont, Mr Johne Row, to conveen every day at feven hours, and pen and putt in order the heads and points in all forts, pertaining to the Eccle- iiafticall Jurifdiction ; and thereafter to prefent the faid heads again to the Affembly, to be lighted and confidered be them, to be fent be them there after to the Lord Regents Grace, with the inftructions to be given to the Commiffioners that are to be fent to his Grace. Seffio 2a' Captain James Cunninghame, fervitour to my Lord Regents Grace, prefented a letter to the brethren : The tenor whereof followeth. After our moft hearty commendations ; whereas we have fome matters to be confulted upon before you, both concerning the eftate and affairs of the Church ; as alfo the Kings Majefty, and common wealth of this coun trey ; and becaufe we may not as yet depart from thefe parts, while we have putt order to fuch confufion of things as occur, as alio fundry other impediments moving us, we defire you moft effectually, that ye would appoint your nixt Affembly to be here at Glafgow, and that with all goodly diligence that ye may ; at the leaft, that a part of you may be fent hither, fufficiently authorized with commiffion from the whole number, to treat with us anent fiich things as fhall be both for the Kirks, Kings eftate, and common weale of the countrey ; wherein ye ffiall doe us moft fpeciall pleafure. Referring all other things to your coming, committeth you, in the mean time, to the protection of God. From Glafgow, the 3 of March 1570. The Affembly gave commiffion to fome brethren to goe to the Regent and treat with him : The tenor of the Commiffion followeth. Edinburgh, 6 March. The brethren prefently affembled, in one voyce and mind, give their full commiffion and power to the honourable, and their loving brethren, 2 a 186 THE BOOKE OF THE 1570. Johne Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winram, Superintendent of Fife, Mr John Spotfwood, Super intendent of Lothian, Mr George Hay, Commiffioner of Aberdeen, Mr Andrew Hay, Commiffioner of Cliddifdaill, Mr David Lindfay, Com miffioner of Kyle, Carrict and Cunninghame, Mr John Row, Commif fioner of Galloway, John Duncanfon, Minifter of the Kings Majefties houfehold, Mr William Lundie of that ilk, James Johnfton of Elphinfton, Alexander Fofter of Carden, John Lockart of Bar, Hugh Wallace of Carnall, Mr John Fullerton of Dreghorn, Mr John Prefton, one of the Commiffioners for the town of Edinburgh ; or any ten of them, To com pear before my Lord Regents Grace and Counfell in Stirling, the laft day of this inftant month, or any other place, where my Lord Regents Grace fhall appoint, due advertifement preceeding ; and there, in the Kirks name, moft humbly propone, fhew and declare articles, heads, fupplications and complaints, delivered to them be the Kirk, moft humbly requefting for anfwer thereunto ; conferr, reafon and conclude with his Grace and Counfell, upon fuch heads and articles, as fhall be proponned to them be his Grace and Counfell forfaid, according to the Affemblies inftructions given to their faid brethren ; affift, concurr and confent to all and what fomever other things that ffiall be treated, tending to the glory of God, fetting fordward the preaching and maintaining of his true religion within this countrey, the Kings Majefty, and common wealth of this realme : And whatfoever happeneth to be done be them in the premiffes, to re port the fame to the nixt Generall Affembly of the Kirk, to beginn in Stirling, the 6 day of Auguft nixt to come : ftable and firm holding, and for to hold all and whatfomever the faids brethren, or any ten of them, in the premiffes conclude to be done. Given in the Generall Af fembly of the Kirk, and fecond feffion thereof. Subfcrived be the Clerk of the fame, day, year and place forefaid. C.J 1570. UNIVERSALL KIRK OF SCOTLAND, 187 Articles pertaining to the Jurifdictioun of the Kirk, to be proponit to the Regents Grace and Secreit Counfell, and focht to be appointit be them. 1. Firft, That the Kirk have the judgement of true and falfe religioun, or doctrine, herefies, and ficklyk, annexit to the preaching of the word and miniftratioun of the facraments. 2. Election, examination and admiffion of them that are admittit to the miniftrie, or uther functions in the Kirk, charge of fauls, and ecclefi- afticall benefices, the fufpenfion and deprivation of them therefra for law- full caufes, 3. All things concerning the difcipline of the Kirk quhilk ftands in cor- rectioun of manners, admonitions, excommunications, and receiving to repentance. 4. The judgement of ecclefiafticall matters betuixt perfons that are of the Kirk, and fpecially among them that are conftitute in the miniftrie, afweill concerning beneficiall caufes as uthers. 5. Jurifdictioun to proceid be admonitions to the proces of excommuni cation, if neid beis, againft them that robis the patrimonie of the Kirk pertaining to the miniftrie, or utherwayes intrometts therwith unjufllie, quherby the miniftrie is in danger to decay be occafion of the povertie of the miniftrie. 6. And, Becaufe the conjunctioun of marriages pertaines to the minif trie, the caufes of adherents and divorcements aught alfo to pertaine to them, as naturallie annexit therto. 188 THE BOOKE OF THE 1570. [The injunctions given to their brethren the Commiffioners, fent to my Lord Regents Grace and Counfell, to be proponed, con cluded and reafoned upon. In the firft, that his Grace and Counfell grant and confent, That no difpofition of any benefice or prefentation be made of any perfon, with out the admiffion and collation of the Kirk, following upon juft prefenta tions ; and if any difpofition of benefices be made to any perfon or perfons, that the fame be difcharged and brought back again, to the end that fuch have no place in times coming. Item, That fome order be taken with fome horners, and perfons difobe- dient, that payment may be had of them that difbbey. Item, That his Grace and Counfell approve the jurifdiction of the Kirk, conform to the particular information given thereupon. Item, That fuch horrible crimes be punifhed, as provock Gods wrath againft the realme, fuch as idolatry, inceft, adultery and other like hain- ous crimes ; and Commiffioners of Juftice be appointed in every province for that effect. And in like manner, That ye agree, conferr and conclude with his Grace and Counfell, touching the penfion concerning the Kings Majefties houfe ; and alfo concerning my Lord Regents Graces houfe, anent the penfion to be appointed thereto. And, finally, To reafon, conferr and conclude with his Grace and Counfell forefaid, concerning the appointment made betwixt the Kirk and my Lord Regents Grace, now refting with God, as fhall be thought ex pedient, and agreeable to Gods glory, to the comfort and utilitie of the Kirk, the prefervation of this common wealth, and due obedience to the Kings Majefty our Soveraign. In the firft, That his Grace would be content to take horners for pay ment. Secondly, That he be paid, fecundum ratam, according to the payment of minifters. Thirdly, That he will difcharge, in this refpect, the fuperplus, if any were, to be employed in pious ufes. Item, To give anfwer to my Lord Regents Grace to Makquhyn and 1570, UNIVERSALL KIRK OF SCOTLAND. 189 his companions ; and als for prefervation and upholding of the Kirk of Glafgow, and upholding the leid thereof. Item, To remember Mr Robert Hammilton, minifter of Sanct Andrews, for payment of his ftipend. C] Adulterers, inceftuous perfons, and homicides, [and other hainous of fenders, requefting to be received to publick repentance,] were ordainit to repaire to their awin Minifters ; there to receive their injunctions, quhill the nixt convention Synodall of the Superintendents and Commif fionars of their awin provinces refpective ; and there to prefent themfelves in linnen cloathes, bareheidit and barefootit, humblie requieftand the Kirk there affemblit, to receive them to the focietie of the faithfull, with farther injunctiouns ; and to bring their teftimonialls from the minifters, of their behaviour in the meane tyme. [Others compearing in linnen cloathes, and fubmitting themfelves to farther injunctions, the Affembly ordaineth them to be received in their own kirks, conform to the acts made there' anent. C] Seffio 3a- Forfameikle as it hes bein ordainit be the Generall Affemblies, That all adulterers, murtherers, inceftuous perfons, and uthers committers of hay nous crymes, firft fould prefent themfelves to the Generall Affembly, there to receive their firft injunctions ; and at the nixt therafter following to prefent themfelves in linnen cloathes, &c. : And forfameikle as diverfe of the faids offenders partlie are farre diftant fra the places of Generall Af femblies ; uthers, for povertie, and deadly feids, may not, and darre not travell through the countrey to prefent themfelves before the faids Affem blies, &c. : For thir caufes, and uthers confiderations moveing the Kirk prefentlie affemblit, they ftatute and ordaines, That all fick offenders fall be callit heirafter be the Superintendents and Commiffioners of provinces, to compeir befor them in their Synodall conventiouns, to be haldin be them twyfe in the geir ; there to be receivit, and take their injunctiouns, con forme to the ordour ufit befor be the Generall Affemblies, in all forts. [The Diocie of Cathnefs craveth a fuperintendent, or commiffioner to plant kirks, or vifite kirks already planted. The Affembly not finding a manfitt,.for the prefent) for fuch a charge, in that countrey, requefted 190 THE BOOKE OF THE . 1570. John Gray of Fordell, who had taken great pains and travells before in the overfight of the faid countrey, to continue in his fupporting of the faid diocie, with the affiftance of the Bifhop thereof, head Commiffioner of the fame, till the nixt Generall Affembly. The Affembly ordained the Superintendent of Angus and Mernes to vifite Dunkell, plant minifters there, expell idolatry, vifite fchools and colledges, as he ufeth to doe in his own bounds ; and exercife and ufe all other things pertaining to the office of a Superintendent. Mr John Row, Commiffioner of Nithifdaill and Galloway, Mr David Lindfay, Commiffioner of Kyle, Carict and Cuninghame, Mr Andrew Hay, Commiffioner of Cliddifdaill, Ranfrew and Lennox, were conti nued in their commiffions refpective, till the nixt Affembly. Mr George Hay, Commiffioner of Aberdeen, required to be difbur- thened of his office, in refpect there was no obedience in thefe parts, and Minifters were not anfwered ; yet the Affembly requefted him to continue till the nixt Affembly. The Affembly directed this letter following to the Commendator of Halyrudhoufe. The Superintendents of Kirks, and Minifters of the reformed Kirk within Scotland, affembled in Edinburgh, the 5 day of March 1571, to the right worfhipfull and their loving brother, Lord Robert Steuart, Commendator of Halyrudhoufe, wifh grace, mercy, and peace from God the Father, through our Lord Jefus Chrift, with continuall guiding of his Holy Spirit, for falutation. Forafmeikle, beloved in the Lord Jefus, as we wrote to your Lordfhip, the 25 day of March 1568, to alfift our brethren Commiffioners to plant kirks in Orknay and getland ; as alfo to further our collector of the thrids in thefe bounds for the fuftentation of the Miniftry, as your Lordfhip would declare yourfelf a fetter fordward of the kingdome of Jefus Chrift, and have us to call to God for your prolperity, &c. And becaufe we have received advertifement from Mr James Annand and Gilbert Foulfie, our Commiffioners in thefe bounds, of your Lordffiips continuall affiftance to them in executing of their office, as alfo of your Lordffiips fupport to our faid collector ; for the which we are not able to render thanks fufficiently ; 1570. UNIVERSALL KIRK OF SCOTLAND. 191 God fhall recompence to your Lordfhip comfort : This prefent is moft humbly to requeift your Lordffiip, That as ye have begunn to declare yourfelf a patron of the Kirk in thefe bounds, even fo your Lordfhip would continue to the end : and affure your felf, if men fhould happen to be unthankfull, as God forbid, yet fhould the eternall God, who leaveth not a cup of water given to one of his, for his fake, unrecompenfed, blefs your Lordfhip and your pofterity. Yet farther, we moft requeift your Lordfhip, when our faid brethren Commiffioners fhall fignify to you fuch as are manifeft adulterers, inceftuous perfons, murtherers, or others committers of hainous crimes, which provock the wrath of God to be poured out in this realme, that your Lordfhip would puniffi the faids faults, according to Gods laws, and acts of Parliament ; that wickednefs may be taken away : In doing whereof your Lordfhips remembrance and memory fhall be immortall, and pofterity to come fhall praife God in your doings. What your Lordfhip fhall doe in the premiffes, we look to be advertifed be your Lordfhip, or our faids brethren Commiffioners, at the nixt Affembly to beginn at Stirling the 6 day of Auguft ; where we look for one of them with full advertifement : And thus we committ your Lordfhip to the protection of the Omnipotent. Given in the Generall Affembly, and thrid feffion thereof, the 6 day of March 1570. Subfcrived be the clerk of the fame, at our command. The Affembly ordained Mr John Knox, John Row, Robert Hammil ton, John Craig, William Chriftefone, Robert Pont, and James Lowfon, of Edinburgh, Perth, Sanct Andrews, Dundie, Murray, and Aberdeen, Minifters refpective, to meet upon the decifion of queftions, the morne at 8 hours ; and to report their decifions, betwixt and the end of the Affembly, to be infert and regiftrat. And becaufe the Affembly is yearly troubled with folutions of queftions, of which fome are unprofitable, others may be eafily refolved be Super intendents and Commiffioners to plant kirks, with the affiftance of their Minifters, in their Synodall conventions to be holden twice every year, &c. Herefore C] The haill Kirk affemblit ordaines, That all queftions heirafter be proponit and prefentit to the Superintendents and Commif fioners forfaids, in the faid Synodall conventions, there to refeaff their folutiouns : And if any queftion happins to be hard for them that fall happin to be at the faid conventions, then, and in that cafe, that the Superintendents and Commiffioners of kirks prefent the faid hard queftions 192 THE BOOKE OF THE 1570. to the Generall Affemblies, there to receive their folutioun in their rowme, according to the rule : With certification, that no queftions heir after fall be receivit in Generall Affemblies from particular Minifters, [The fame order to be obferved anent complaints in all forts, &c.J Seffio 4a- Forafmikle as trouble and flander hath rifen for folemnizing of mar riages in private houfes, and that be minifters to whofe paroch or kirk the contraveeners pertained not, wherethrough there hath been controverfy in particular kirks and feffions, for fatiffaction making for tranfgreflion of the publick order of the Kirk, &c. ; for efchewing of the which, C] The Kirk affemblit ftatutes and ordaines, That all marriages be made folemnlie in the face of the congregatioun, according to the ordour pub licklie eftablifchit ; and als inhibites all Minifters and Exhorters, that nane of them folemnize marriages of any perfons of uther congregatiouns nor their awin, without fufficient teftimonialls from their Minifters, or els licence afkit and givin be the contracters, under the pains eftablifchit be fore agains the Minifters ; and the contracters, with their parents, to make publick repentance at the commoun pillar of repentance, at the difcretioun of their awin kirks. [Mr Archibald Douglas, one of the Senators of the Colledge of Juftice, having a prefentation, under the Privy Seal, of the perfonage of Glafgow granted and givin be the Regent of good memory ; wherein he required the Affembly to give their letters teftimonialls, conform to his faid prefen tation : The Affembly remitted him to Mr Andrew Hay, Commiffioner of Cliddifdaill, to receive his anfwer. The Commiffioner refufed to give letters teftimonialls ; becaufe the prefentation was not made according to the order agreed on betwixt my Lord Regents Grace of good memory, and the Affembly. Mr Archibald protefted, that he might hear a reafon able caufe, why they refufed. The Affembly alledged the reafon before mentioned ; not the lefs they offered to caufe their folicitor to deliver to him a form of prefentation, fuch as the Kirk hath ufed to give their teftimonials upon. From their refufal Mr Archibald appealed, verbo tantum, to the Parliament, the Kings Majefty, and his Counfell, omni meliore inodo. 1570. UNIVERSALL KIRK OF SCOTLAND. 193 Seff. 5*- The faid Mr Archibald appealed of new to the Parliament, the Kings Majefty and Counfell, omni meliore modo, &c. ; moreover required the Affembly to adhere to his appellation. The Affembly defired him to putt his appellation in due form, and deliver the fame to them to advife with, and thereafter they fhould give their anfwer : whereupon the faid Mr Archibald afked inftruments. The Affembly brotherly required Mr Patrick Adamfon to enter again in the miniftry, in refpect of the good gifts that God had given him, and fcarcenefs of minifters in diverfe countries. He anfwered, That he would advife with himfelf and brethren that love him, till the next Affembly ; and promifed then to anfwer, whither he would then enter in the miniftry, or withdraw himfelf allutterly. Compeared Mr Archibald Douglas, protefled, that the anfwer given be the Affembly, that the prefentation produced be him to the Commiffioner of Glafgow, and thereafter to the Generall Affembly, together with the anfwer of refufal, alledging the fame to be no lawfull prefentation, it being founded upon the Kings priviledge, fuch laws and conftitutions as have been ufed in this realme, at all times heretofore, together with the refufal of the faid Kirk to adhere to his juft appellation, as he alledged, interponed be him to the moft honourable Parliament, Kings Majefty, his Regent, Secret Counfell, Lords of Seffion, or any of them that fhall be found competent Judges herein, may ferve him for a fufficient and lawfull teftimonial upon his provifion to the end of the plea, to be as fufficient as if the Commiffioner or Superintendent had given the fame ; and defired his proteftation to be admitted, &c. : whereupon he afked a note. C.J Seff. 6a- The Kirk affemblit ordaines all minifters to inhibite all civil magiftrates to hold their courts within kirks, and, if neid beis, to admonifch. The Kirk ordaines all Superintendents and Commiffioners to plant kirks in their firft Synodall conventiouns heirafter following, with the advyfe of their minifters ; to reafon [upon the neceffity of publick fafts,"] 2 B 194 THE BOOKE OF THE 1570. and appoint publick fafting, if it fall be thocht neceffar ; and als that they appoint certaine brethren to travel for vnitie and concord among the nobi litie of this realme. Compeirit in Affemblie Mr Robert Wynrhame, collector of Fyffe, and fhew how he was purgit be ane condigne affyfe befor the civill magiftrate, for the flaughter of Henrie Kairnes, citizen in St Androes : Not theles be caufe the blood was fhed againft his will, always he willinglie offerit to the Kirk to vnderly quhatfoevir vther thing they wold lay to his charge for fatif faction of the Kirk. The Kirk ordaines Mr Robert Hamiltoun, minif ter of St Androes, to declare after his fermon vpon a Sonday, the purgation of the faid Mr Robert of the flaughter ; and therfor call vpon him to repare befor the pulpitt, exhorting him to enter in confideratioun with himfelf, according as is containit in the Booke of Excommunication ; and therafter to humble himfelfe, afke God, the congregatioun, and partie pardon, and all vthers that were flanderit with the fault. Anent excommunicat perfons for non-adhering to the eftablifchit re ligioun, and not joynit therto of befor, get not theles prefentlie of their awin frie will fubmitts themfelves, and requyres to be receivit to the focietie of the faithfull : The Kirk ordaines the faids perfons to be receivit be their minifter, in low and humble habite, with fackcloth, obferving the ordour prefcrivit in the Booke of Excommunication, in all ther points. [Mr Robert Lumfden of Clowayeth craved a defalcation of the thrids of the vicarages of Logie-Buchan and Cuffiny, in refpect of inlaiking of corpus prefents, upmofl cloaths, and pafch fynes, &c, which was granted ; and ten merks yearly defalked of the thrids of the vicarage of Logie- Buchan ;and 20 merks of the thrids of the vicarage of Cuffiny. The brethren appointed for decifion of queftions, produced their folu- tions, as followeth : — Q. Whither the Superintendents may or ought to take up the particular dilations, in their chief and metropolitan kirks, where good order is, and execution of difcipline ; and the weekly affembly be the minifters, elders and deacons thereof, obferved for the fame caufe. A. Lett the Superin tendents and the Kirk agree therupon ; not flopping the difcipline any way. 1570. UNIVERSALL KIRK OF SCOTLAND. 195 Q. And if he may take up the faids dilations, Whither he may doe it, without the advice of minifters and elders who ought to be his counfellers, be himfelf and his own fcribe. A. Thinks it were good, that he had fome of the elders with him, for avoiding all corruption and partiality. Q. If it be not more expedient that the Superintendent, or Superinten dents themfelves be executioners of excommunicatioun, nor to committ the fame to the minifters ; and that chiefly in landwart. C.J A. Quher minifters are not in practife of excommunication or will be contemnit in their executioun, it is neceffar that the Superintendent or fome uther fufficientlie qualified and authorized, ufe the fame. [Q. Quhither if a Superintendent may abfolutely depofe and admitt mi nifters, without advice and confent of the chiefeft minifters, and of his feat in fpeciall. A. We referr this to the ordinance made of before. Q. If any perfon or perfons being in a reformed paroich or city, where order and difcipline is obferved, may be compelled to anfwer before their fuperintendent, in prima inftantia, or yet before the Generall Affembly, the matter not being tryed, neither before their own particular Affembly, their immediat judge, nor before the fuperintendent. A. Appoints and ordains the order of the Book of Difcipline to be obferved herein, quhere- unto the fuperintendents are fubjeet. C.J Q. If it be leifum to the minifter to proceid againft the magiftrates quho will not put to execution the Acts of Parliament concerning difcipline, and uther particular Acts univerfallie aggreit on be their awin particular congregatioun, with the fentence of excommunication. A. This is els concludit ; admonitions paffing duelie before againft them. [Q. What punifhment fhall be inflicted on minifters that will not exe cute the Superintendents letters. A. This queftion cannot be anfwered, be reafon of the generality thereof : But lett the Superintendent more fpecially take order herein, as he will anfwer to the Generall Affembly. Q. Is it not expedient and neceffar, that an uniform order be obferved in all kirks, in making promifes of marriages, quhither they fhall be made, 196 THE BOOKE OF THE 1570; per verba de futuro, vel verba de prsefenti ; or fhould no promife be made till the folemnization. C.J A. Promife of marriage, per verba de futuro, fall be made, according to the ordour of the reformed Kirk, to the minif ter, exhorter or reidar ; takeand caution for abftinence till the marriage be folemnizit. If a man ravifch a woman againft her will, and her parents will, and ftrike her parents under filence of night, and the magiftrates will put no correctioun therto : Quhither if the Kirk fould proceid with monitours and excommunication, to fatiffie the flander. It is lawfull. [Q. What punifhment fhall be inflicted on fuch minifters as refufe to be inaugurat in the miniftry. A. If they will not be received according to the order takin by the Kirk, lett them not be admitted. C.J Quhat ordour fall be takin with her quho committing fornication with a man, dois fuffer the fame man heirafter to marrie her awin fifter ; and heiring the bands proclamit wald not reveile the impediment, but be con- ceilling of the cryme, was guiltie of the inceft following. Both he and fhe to be punifhit according to the difcipline of the Kirk, bot cheiflie the man ; and the fecond cannot be his wyfe. Quhat ordour fall be takin with them that impugnes proclamation of bands, and cheiflie be infamie, and proves not. Let fick perfons be puni- fchit, according to the difcipline of the Kirk, as infamers. It is altogether unlawfull be any minifter of Gods word, to receive any benefice be the prefentation of a laik perfon, under paction and condi tion made with the patron therof, tending to fymonie, viz. that the patron have the great part of the teyndis, and the minifter the fmall part therof. [When the minifter cometh to the Generall Affemblies, with commiffion of his kirk, or for other needfull affairs, or chanceth to fall in ficknefs : Quhither if the Superintendent fhall provide for fome other to occupy his place, chiefly within burrowes and towns. A. Ordains the fuperintendent to take order that the kirk be not deftitute. C.J Quhat ordour fall the fuperintendent take with a man that hes futed 1570. UNIVERSALL KIRK OF SCOTLAND. 197 libertie to marrie thir thrie or foure geirs, being befor be his awin parti cular kirk inhibite to marrie, becaufe he deflored a virgine beand his awin fervant, unlefs he wald take her to his wyfe ; feing the judiciall law is not get receivit, and the man hes hir difcharge of marriage, under the forme of inftrument, before the deereit was pronuncit againft him be his awin particular kirk. All things beeand true, according to the narrative, it is thoght the deereit givin for fick a caufe may be reduceit be the fuperin tendent, and the man may obtaine libertie to marrie ; gea, and there is injurie done to him alreadie. [Q. Anent the queftion proponed before the particular Kirk of Edin burgh be the brethren thereof, touching fuch perfons as have fometimes been known and admitted to the generall Kirk as publick minifters, and of long time have made open defection, to the great flander of the Kirk : Quhat order will the Generall Affembly take thereanent. A. Such per fons fhall be admonifhed be the particular kirk, and if they refufe to hear admonitions, fhall be debarred from the facraments till they latiffy the Kirk. Q. A man excommunicat for adultery, and afterward abfolved, there after marrieth the woman whom before he had polluted with adultery : Quhither is this lawfull marriage or not. A. Unlawfull. Q. If a laick patron prefent a man that can only read, and not preach, Shall he be admitted to the perfonage. A. Such perfons ought to be teachers, otherwife not to be admitted. Q. If the Kirk, jure devoluto, may give a benefice which is difponed be a laick patron to ane unqualified perfon ; and if the fuperintendent or commiffioner to plant kirks, may doe the fame without the Generall Af fembly. A. Referrs it to the Act of Parliament. C.} J98 THE BOOKE OF THE 1571. A.D. M.D.LXXI. The Generall Affemblie begun and haldin at Stirling, the vj day of Auguft 1571 : In the quhilk were prefent the Superintendents, Commiffioners to plant Kirks, Barrons, Minifters, Commiffioners of Provinces, Townes, Univerfities, and Kirks. Mr Gilbert Gar den Minifter at Fordyce was chofen Moderator. Seff. la- * [Mr James Lawfon, Subprincipall of Aberdeen, David Wemes, John Dykes, James Melvill, Patrick Balfour, Archibald Keith, Minifter at Peterhead, were appointed to try the Commiffioners books of their vifita tions fince the laft Affembly ; and, after triall, to report quhat they find, before the Affembly be diffolved. The Affembly exhorted earneftly all and fundry the Superintendents and Commiffioners to plant Kirks, to be circumipect and warie in giving their letters teftimonials to any perfons prefented to benefices, except to fuch allenerly as they perfectly fhould know, due examination preceeding, to be able to inftruct and teach fincerely in the Kirk of God, as they would anfwer, firft to God, and thereafter to his kirk. Seff. 2a- Mr Patrick Adamfon fent a letter to the Affembly, containing his anfwer anent his reentry to the miniftry. The Affembly ordained the Commif- 1571. UNIVERSALL KIRK OF SCOTLAND. 199 fioners appointed to fpeak to the Lord Regents Grace, before or at the nixt Parliament, to take order with the contents of his letter, and to report what they fliall happen to doe therein to the nixt Affembly. The fame day, Mr Knox his letter fent to the Affembly was read : The tenor whereof followeth. C] The mightie Spirit of comfort, wifdome, and concord [in God] re maine ever with gou. Deare Brethren, — If abilitie of bodie wald have fuffered, I fould not have troublit gou with this my rud dytement. I have not forgot quhat was laid to my charge be famous lybells the laft Affemblie, and quhat a brag the adverfaries made perfonallie to accufe me at this Affemblie, quhilk I pray gou patiently to heare, and judge of me as ge will anfuer to God ; for vnto gou vnto that heid fubmitt I my felfe, being affurit that I neither offendit God, nor get good men, in any thing that hitherto hes bein laid to my charge. And now, brethren, becaufe the [daylyj decay of naturall ftrenth threatens unto me certaine and fudden departure fra the miferies of this lyfe ; of love and confcience I exhort gou, gea, in the feare of God, I charge and command gou, that ge take heid to gour felvis and the flock over the quhilk God has placit gou paftours. To difcourfe of the beha viour of gour felves, I may not ; but to command gou to be faithful to the flock, I dare not ceafe. Unfaithfull and traitours to the flock fall ge be before the Lord Jefus, if that, with gour confent, directlie or indirectlie, ge fuffer unworthie men to be thruft in into the miniftrie of the Kirk, under quhat pretence that ever it be. Remember the Judge befor quhom ge muft make account, and refift that tyrranie as ge wald avoyd hells fyre. This battell, I grant, will be hard ; bot in the fecond it will be harder ; that is, that, with the lyke uprightnes and ftrenth in God, ge gainftand the mercileffe devorers of the patrimonie of the Kirk. If men will fpoyle them, let them doe it to their awin perrill and condemnatioun ; but com- municat not ge with their fins, of quhat eftate foevir they be, neither be confent nor get be filence : But be publick proteftation make this knowin unto the world, that ge are innocent of fick robberie, quhilk will, or it be long, provocke Gods vengeance on the committers therof, quhereof ge will feik redreffe of God and man. God give gou wifdome and flout courage in fo juft a caufe, and me a happie end. Of St Androes, 3 Auguft 1571. gour brother in Chrift Jefus, Johne Knox. 200 THE BOOKE OF THE 1571. [This letter was read, confidered with mature deliberation and allowed in all points ; with firm purpofe to proceed and doe according to the godly counfell contained therein, &c. touching the affairs of the whole Kirk. And, as concerning his own part contained in the faid letter, the Affem bly ordained all perfons to be warned at the Tolbooth door, that had or pretended to have any thing to lay to the charge of the Superintendents or Minifters, either prefently conveened or abfent from the Affembly, to compear before the diffolving of the fame and accufe, if they had any juft matter ; but chiefly thefe that gave infamous lybells at the laft Affembly holden in Edinburgh, in the moneth of March laft by paft ; promifing to hear their accufations, to try the fame and to minifter juftice therein, in fb far as in them lyeth, according to God3 word. The Affembly ordained all colle6tors to give up the names of all perfons who intromett with the thrids of the kirks, and make no payment thereof, with the executione of the letters of horning againft them. C.J Seff. 3a> The haill Affemblie concludit, that certaine brethren, Commiffioners, fall paffe to my Lord Regents Grace, Counfell, and Parliament, to reafon and conclude upon the heids, articles and defyris prefentit in his Graces name to this Affemblie ; to propone, humblie requeift and defyre, in the Kirks name, the granting of fick heids, articles and redreffes of complaints as fall be given to them be the Kirk, the ane and the vther always to be concludit on, conforme to the inftructions to be delyverit to them. Com miffioners, Johne Erfkine of Dun, knyght, Superintendent of Angus and Mernis, Mr Johne Spotifwood, Superintendent of Lothiane, John Wyn rhame, Superintendent of Fyfe, John Row, Commiffioner of Nithifdaile and Galloway, Andro Hay, Commiffioner of Ranfrew and Lennox, George Hay, Commiffioner of Aberdeine and Banfe, David Lindefay, Commiffioner of Kyle, Carrick and Cuninghame, David Fergufone, of Dumfermling, John Dunkefone, of the Kings Majefties houfe, minifters, Johne Ogilvie of Innerquharatie, Knyght, Mr William Lundie of that ilk, James Jonftoun of Elpheiftoune, William Cunighame of Cuniffhameheid, Hew Wallace of Carnvall, Thomas Kennedy of Bar- gany John Schaw of Grinock, Alexander Forrefter of Carden, or any 1570. UNIVERSALL KIRK OF SCOTLAND. 201 elevin of them, to compear at Stirling the 22 day of this inftant at nyne hpures before noone, to counfell and reafon, as in the commiffion given in the laft Affembly. Seffio 4a- [It was ordained, That the act made of before for prayer to be made for the Kings Majefty, fhall be execute in all points, with excommunication againft the difobedients, conforme to the tenor of the famen. Commiffion of collectorie was given to the Laird of Aflowan, within Aberdeen and Bamff. The Affembly confidering the great troubles and oppreffing of the Kirk of God and minifters thereof, in the north parts of this realme, be the Earle of Huntly, his fervants and complices, and how that Mr Thomas Garden, now prefent collector within the Shireffdome of Aberdeen and Bamff, is not able, be reafon of the faid oppreffion, to gait any payment to the minifters which have been long poftponed and fruftrate of their ftipends ; in refpect alfo of diverfe and profitable offers made by John Calder of Aflowan : therefore the Affembly hath thought expedient and concluded to remove the faid Mr Thomas Garden, and be thefe prefents removeth and difchargeth him from the office of collectorie, within the faids bounds, not in refpect of any offence committed be him in the faid office, but in confideration of his prefent inability to difcharge the fame : And of new hath elected, nominate and conftitute, made and ordained, and be the tenor hereof electeth, conftituteth, maketh and ordaineth the faid John Calder of Aflowan, their Collector within the bounds of the faids Sheriff- domes of Aberdeen and Bamff ; giving, granting and committing to him full power, authority, fpeciall command and charge, to afk, crave and receive, and in name of the Kirk to intromett and uptake all and fundry the thrids of whatfomever benefices lying within the faids bounds ; together with the whole fructs of common kirks, and all other common rents, whole fructs and rents of friers lands, places and livings, whole fuperplus omitted, and benefices or chaplanries not given up in rental being within the bounds above fpecified, which are be Parliament given and affigned to the Miniftry of the Kirk, of the crope and year of God 1570 years laft by paft and of this prefent year and crope : and ficklike yearly and termly, 2 c 202 THE BOOKE OF THE 1570. in time coming, whill he be lawfully difcharged ; and ficklike the reft of all the thrids and other rents pertaining to the collectorie, within the faids bounds, of all years bygone, refting adebted and unpaid ; acquittances and difcharges thereupon to make, give and fubfcrive ; and, generally, all and fundry other things to doe, exercife and ufe, that to the office of col lectorie in fuch caufes of law or confuetude is knowen to pertain : firm and ftable holding, and for to hold all and whatfomever thing the faid collector in the premiffes lawfully leads to be done ; providing alwife that he ufe the faid office of collectorie and beheave himfelf therein, according to the injunctions given to him thereupon ; and make compt, reckoning and payment of his intromiffion after the form and tenor thereof, and according to the act made upon his offers, the time of his acceptation of the faid office. Given, &c. 1571. UNIVERSALL KIRK OF SCOTLAND. 203 A.D. M.D.LXXI. The Convention of the Kirk haldin in the Kirk of Leith, 12 January 1571 : In the quhilk were prefent the Superintendents, Barrons, Commiffioners to plant kirks, Commiffioners of Provinces, Townes, Kirks, and Minifters. Mr Gilbert Gairdin continuit Moderator. [Upon the 12 of January there was a Convention of Superintendents, Commiffioners, Minifters, Commiffioners from Towns and Kirks, in Leith, whofe names doe follow, Johne Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Spotfwood, Superintendent of Lothian, Mr John Winrame, Superintendent of Fife and Stratherne, Mr David Lindfay, Commiffioner of Kyle, Carict and Cunninghame, Mr Robert Pont, Commiffioner of Murrey, Mr Andrew Hay, Commiffioner of Clid- difdaill, Ranfrew, Lennox ; Commiffioners of Provinces, Towns and Kirks, Robert Grahame of Montrofe, Mr James Halyburton, William Chriftefon for Dundie, Mr John Prefton, Adam Fullerton of Edinburgh, John Anftruther of that ilk, John Beton of Balfour, Patrick Kinnimouth for Fife, Mr William Lundie of that ilk, Thomas Scot of Abbotfhall, Mr John Young for Irving, James Dalrymple for Air, James Cockburne and John Gray for Haddinton', William Lawder of Hawtoun, Knight, Robert Fairley of Braid, James Rig of Carbarrie, James Johnftoun of Elphinfton for Lothian, Andrew Ker of Fadownfide for Teviotdaill, Walter Cant and Mr William Balfour for the Kirk of Leith, Mr James Wilky for the Uni- verfity of Saint Andrews ; Barons, Thomas Kennedie of Barganie, John 2°4 THE BOOKE OF. THE 1571. Lockart of Barr, Hugh Wallace of Carnall, Hugh Montgomerie of Heffilhead, John Neilfon of Craigaffie ; Minifters, Mr David Lindfay for Leith, John Duncanfon for his Majefties houfe, Mr Andrew Simpfon of Dumbar, John Brand of Halyrudhoufe, Mr James Carmichael of Hadinton, Alexander Forrefter of Tranent, William Sanderfon of Whittingham, William Harlaw of St Cuthbert, Alexander Blackhall of Cranfton, John Burn of Muffilburgh, John Durie of Reftalrig, John Clapperton of (Caldflreme ?), Mr Thomas Cranfton of Peebles, Mr Peter Primrofe of Machlin, Mr John Inglis of Ochiltrie, Mr David Wemes of Glafgow, George Scot of Kirkaldie, Mr William Edmiftone of Cargill, Robert Grahame of Abertill, Mr John Rutherford of (Quilt ?), Mr William , Clerk of Anftruther, David Fergufon of Dumfermling, Peter Blackwood of (Sailing ?), John Dykes of Culrofe, Mr James Panton of , Mr Robert Montgomerie of Dumblane, Mr George Lefly of Kil- conquhar, Mr James Melvill of Menmure, James Anderfon of Ket- tins. C.J Seflio 2*- The brethren prefentlie conveinit all in ane voyce concludit, That this prefent Conventioun fall have the ftrenth, force and effect of ane Generall Affemblie ; and that all things be treatit and endit heirin, that may goodlie be done and ufeit to be concludit in any Generall Affemblie : Not thelefs, that all fick brethren as may goodlie travell, conveine to the Generall Affemblie to begin in St Androes the faxt day of Marche nixt to come ; and the Moderatour to continue to that tyme, and make exhor tatioun, [as before is ordainedj according to the rule. Seflio 3a- [The brethren affembled, in one voice and mind, gave their full com miffion and power to the honourable and their beloved brethren, John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winrame, Superintendent of Fife and Stratherne, Mr William Lundie of that ilk Mr Andrew Hay, Commiffioner of Cliddifdaill, Mr David Lind- 1571. UNIVERSALL KIRK OF SCOTLAND. 205 fay, Commiffioner of Kyle, Mr Robert Pont, Commiffioner of Murrey, Mr John Craig, one of the minifters of Edinburgh, or any four of them, to compear before my Lord Regents Grace and fo many of the Lords of Secret Counfell as his Grace fhall appoint, in Leith this inftant moneth of January, and there, in the Kirks name, moft humbly propone, fhew and declare the articles, heads, fupplications and complaints delivered to them be the Kirk prefently affembled, moft humbly requefting for anfwer thereto ; to conferr and reafon with his Grace and counfell forfaid, upon fuch heads and articles as fhall be proponed to them be his Grace and Counfell, and to conclude therein, conforme to the inftructions given to them be the Kirk, &c, and to report the faids heads and articles with their conclufions thereupon to the nixt Affembly, to begin at Sanct Andrews the 6 of March nixt to come ; to the effect the fame may be infert among the Acts of the Generall Affembly, &c. : firm and ftable, &c. Item, Ordaineth the faids brethren to pen the heads and articles for the Kirk ; and to deliver the double of them to the clerk, to be regiftred in the Regifter of the Affembly. Seflio 4a' Ordained, That William Chriftefon, Minifter of Dundie, warn John Calder of Aflowan, Collector of Aberdeen and Bamff, to refort to the nixt Affembly, to give ane account of his intromiffions fince his entry to the faid office, and to anfwer to fiich things as ffiall be laid to his charge, under the pain of deprivation from his office ; and Mr George Hay, Commiffioner for the faid countries, to compear before the nixt Affembly, to give account of his diligence in execution of his commiffion. Seflio 5a- January 17. Compeared Mr Robert Pont, Commiffioner of Murrey, who declared in the Affembly, that through the troubles raifed in the north, where through, as the brethren were not ignorant, he was not able to travell there in his commiffionary ; in refpect whereof he demitted his commiffion fimpliciter on the Kirks hands, requefting them to provide for fiich as they 206 THE BOOKE OF THE 1571. thought might profite in the faid countrey, that it be not deftitute of a vifitour. C.J The Kirk underftand that my Lord Regents Grace and Counfell was defyrous that Mr Robert Pont fould accept the place of ane of the Senators of the Colledge of Juftice, quhilk he on nawayes wald accept without the advyfe of the Kirk ; therfor the haill brethren affemblit gives licence to the faid Mr Robert to accept and ufe the faid place of a Senatour in the Colledge of Juftice, quhat tyme he fall be requyrit thereto ; provydeing alwayes that he leave not the office of the miniftrie, but that he exercife the fame, as he fould be appoyntit be the Kirk : And this their licence to the faid Mr Robert to be no preparative to other minifters to procure fick promotioun, unlefs the Kirks advyfe be had of befor, and licence obtained thereunto. 1571. UNIVERSALL KIRK OF SCOTLAND. 207 [The Articles and Formes of Letters, concerning provifion of perfons to benefices, and fpirituall promotions, agreed upon be the Com miffion of the Kings Majefty and the Reformed Kirk of Scotland, in their Conference had at Leith, in the moneth of January 1571. Apud Leith, xvj die mentis Januarij, anno Domini 1571. The quhilk day, my Lords Regents Grace, with advice of the Lords of Secret Counfell, in our Soveraign Lords name and authority, gives and grants power and commiffion to the noble and mighty Lords, James Earle of Morton, Lord of Dalkeith, Chancellor of Scotland, William Lord Ruthven, Thefaurer, Adam Bifhop of Orknay, Robert Commendator of Dumfermling, Secretar to our Soveraign Lord, Mr James M'Gill of Rankeiler-nether, Clerk of Regifter, Sir John Ballenden of Anchnoule, Knight, Juftice Clerk, Mr William Lundie of that ilk, Coline Campbell of Glenurquhy, or any four of them, to conveen, advife, treat and conclude with the Superintendents and Minifters in the Kirk, or Commiffioners authorized be them, anent all matters tending to the ordering and eftab- lifhing of the policy of the Kirk, the fuftentation of the Minifters, and fupport of the Kings Majefty, and common affaires of the realme, to con tinue in fuch order as fhall be agreed upon while his Highnefs perfect age ; or while the fame be altered and aboliffied be the three Eftates in Parlia ment : promittand to hold firm and ftable, all and whatfomever the faids Commiffioners does and concludes in the premifes. Subfcrived be the faid Lord Regent, day, year and place forfaids. Sic fubfcribitur, John Regent. 208 THE BOOKE OF THE 1571. Apud Leith, the xvi day of January. The whole brethren conveened, in one voice and mind, gives full com miffion and power to the generous and loving brethren, John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winrhame, Superintendent of Fife and Stratherne, Mr William Lundie of that ilk, Mr Andrew Hay, Commiffioner of Ranfrew, Cliddifdaill and Lennox, Mr David Lindfay, Commiffioner of Kyle, Carict and Cunning- hame, Mr Robert Pont, Commiffioner of Murrey, Mr John Craig, one of the minifters of Edinburgh, and Adam Fullertoun, one of the Com miffioners of the town of Edinburgh, or to any four of them, to compear before my Lord Regents Grace, or fo many of the Lords of his Graces Counfell as he ffiall appoint, this inftant moneth of January or thereafter to the fixth day of March nixt to come ; and there, in the Kirks name, moft humbly propone, fhew and declare articles, heads, fupplications, complaints delivered to them be the Kirk prefently affembled, moft humbly requefting for anfwer thereunto ; confer, reafon and conclude with his Grace and Counfell forfaid, upon fuch heads and articles as fhall be pro poned to them be his Grace and Counfell, conform to the inftructions given to them be the prefent Affembly ; and to confent to all and what fomever fhall be treated in the faid time, tending to the glory of God, fetting fordward the preaching of his word and maintaining thereof, the Kings Majefties authority, and common wealth of this realme. What fomever happeneth to be concluded on be them in the premifes, to re port the fame to the nixt Affembly, to beginn at Sanct Andrews the fixt day of March nixt to come ; or to the effect the fame may be infert in the Regifter of the Affembly of the Kirk : firm and ftable holding, and for to hold all and whatfomever the faids brethren or any four of them in the premiffes conclude to be done, &c. Given in the Generall Affem bly and fecond feffion thereof be the Clerk of the fame, day, year and place forfaid. 1571. UNIVERSALL KIRK OF SCOTLAND. 209 At Leith, the xvj day of Januar 1571. Anent Archebifchoprikkis and Bifchoprikkis. It is thocht, in confideratioun of the prefent ftate, That the names and titillis of Archebifchoppis and Bifchoppis are not to be alterit or innouat, nor git the boundes of the Dioceis confoundit ; bot to ftand and continew in tyme cuming, as thay did befoir the reformatioun of religioun ; at leift, to the Kingis Maiefties maioritie, or confent of Parliament. That perfonis promovit to Archebifchoprikkis and Bifchoprikkis be, fafar as may be, indewed with the qualiteis fpecifeit in the Epiftlis of Paule to Timothe and Tytus. That thair be a eertane affembly or cheptoure of learnit minifteris an- next to euery Metrapolitan or Cathedrall featt. To all Archebifchoprikkis and Bifchoprikkis vacand or that fall happin to vaik heirefter, perfonis qualifeit to be nominat within the fpace of geir and day eftir the vacance ; and the perfonis nominat, to be xxx geirs of age at the leift. The Deane, or failgeing the Deane, the nixt in dignitie of the Chep toure, during the tyme of the vacance, falbe Vicar generall and vfe the jurifdictioun in fpiritualibus as the Bifchop mycht have vfit. All Bifchoppis and Archebifchoppis to be admittit heirefter, fall exerce na farther iurifdictioun in fpirituall functioun nor the fuperintendentis hes and prefently exerces, quhill the fame be agreit vpoun ; and that* all Arche- bifchoppes and Bifchoppis be fubiect to the Kirk and Generall Affembly thairof in fpiritualibus, as thay ar to the King in temporalibus ; and haif the aduife of the beft learnit of the Cheptoure, to the nowmer of fex at the leift, in the admiffioun of fie as fall haue fpirituall functioun in the Kirk ; as alfua that it be lauchfull to als mony vtheris of the Cheptoure as plelis, to be prefent at the faid admiffioun, and to voit thairanent. 2 D 210 THE BOOKE OF THE 157 1. Anent Abbacijs, Priorijs, and Nunrijs. That na difpofitioun or provifioun falbe maid of ony abbaceis or prioreis now vacand or that heirefter fall happin to vaik ; nor na letters falbe grantit be the Lordes of Seffioun for anfuering the fruitis of ony pairt thairof to ony perfoun or vfe, quhill firft it be confident quhat portioun of the rentis confiftis in kirkis and teindis, and quhat portioun in temporall landes : And, firft of all, prouifioun falbe maid be auife of the Bifchop or Superintendent, within quhais province the abbacy or priorie lyis, how the minilterie belanging thereto falbe fuftenit of the fruitis belanging to the fame kirkis, gif it be poffible, be fpeciall affignatioun of famekle geirlie ftipend as falbe found reafonable, and be appoynted be the Bifchop or Superintendent of the province, and fie of the Kingis Ma- iefties Counfale as falbe direct to accord with him thairvpoun. As for the remanent proffite and title of the benefice, becaus the pof- feffoure of the fame mon fupplie the place of ane of the Ecclefiafticall Eftate in Parliament, neidfull it is, that he quha fall haue the ftile, title and place of Abbot, Priour, or Comraendatar, be well learnit and qualifeit thairfore ; and for triall of his qualificatioun, the Kingis Maiefties letter commendatary vnder the fignet, falbe direct to the Archebifchop or Bifchop of the province, quhairin the abbay or priory lyis, to try and exa- minat his learning and habilitie ; and vpoun teftimoniale of his habilitie fra the Ordinar, the perfoun nominat fall compeir befoir the King and Regent, and gif his ayth in forme as the Bifchoppes dois ; and then fall the Kingis letters and prouifioun vnder the great feill be exped, direct to the Ordinar, Bifchop of the province, or vtheris brouking the dignities or fupe- riour offices in the featt, to gif him inftitutioun. The prefent Convent of ony abbay or priory being haill departit this lyff, in thair places, the minifteris ferving the kirkis of the fame abbay or priory falbe the Cheptoure, or affeffouris to the Commendatar, in geving of ony infeftmentis, takkis, richtis or difpofitionis of rentes concerning the leving. That the perfonis thus prouidit and admittit Commendatares, may be pro- mouit as thay falbe found worthy, to be Senatours for the Spirituall Eftate in the College of Juftice ; or may be employit be the King in the neceffar effaires of the common weill ; it being firft prouidit, that na kirk belanging to thair leving be deftitute of miniftratioun, and the confent and beneuolence of the Ordinar alfua obtenit thairto. 1571. UNIVERSALL KIRK OF SCOTLAND. 211 Anent Benefices of cure vnder Prelacy's. All benefices (vnder prelacy's) havend cure of faules, quhilkis ayther of auld pertenis to the Kingis patronage, or newly ar cum in vfe, and be Parliament ordanit to be at his Hienes patronage, lall fua continew con forme to the Actes of Parliament ; and that the lawic patrones alwayes brouke and vfe thair awin richtis. Nane falbe admittit or reffauit to ony benefice of cure, bot fie as ar qualifeit ; and fall then enter in the functioun of the minifterie alfone as they reflaue ony fruitis of the benefice, and fua continew. Nane falbe admittit to the office of a minifter within the aige of xxiij yeris compleit. Quhair perfonages and vicarages ar coniunct, fa fall thay remane ; and, likwife, quhair they ar feparat and difiunct, fa to continew. It fall not be lefull to ony enterand in the functioun of the minifterie, to leif that vocatioun and the place appointed for his refidence, abone the fpace of fourty dayes in the geir, without a lauchfull impediment, and licence baith of the King, and Ordinar quhair the benefice lyis, vnder the pane of depriuatioun. All fie as ar or falbe found worthy and qualifeit minifteris and preacheris, falbe plantit and deftributed throuchout the haill realme : and that thair be redaires fpecialie appointed at euery feuerall kirk, quhair convenientlie it may be, quhilkis being found qualifeit be the Bifchop or Superintendent, and enterand be the lauchfull order of the true reformit Kirk, fall miniftrat the facrament of baptyfme, and mak mariages eftir proclamatioun of the bannes lauchfullie and orderlie as efferis. All vicarages of or within the geirlie value of fourty pundes, may be conferred to redaires ; but gif thay exceid the rent, nane to be admitted to thame bot lie as can preache or minifter. Item, Lik as quhair the rent of the benefice is fmall, the ftipend mon be eikit ; fa quhair the rent of the benefice is gretar nor the appointit ftipend of that place, the fuperplus fall ly and be comptable to the fupplie of vther rowmes not fa plenteous, be the Ordinar, with auife of fie as the King fall appoint to accord thairvpoun. That all commoun kirkis be difponit as benefices to qualifeit perfones. 212 THE BOOKE OF THE 1571. That nane be admittit heirefter to pluralitie of benefices with cure. The laft prefentatioun of the lawic patroun fhall be admittit and preferrit. The Vniuerfities within quhilkis thair is exercife of liberal 1 Science, tail brouke the patronage of the kirkis and chapellanries annext to thair Collegis, prefentand qualifeit perfonis1 to the kirkis ; and burfaires within thair awin College to the chapellanries ; quhairin gif thay failge, the Ordinar to difpone the fame, jure deuoluto ; and failgeing the Ordinar, the King. Confidering that the confervatioun and purgatioun of the religioun cheiflie appertenis to chrifliane and godlie kingis, princes, rewlayres and magiftratis; and that it is maift requifite that the kirkis within this realme be feruit be paftoures of found religioun, obedient to the authoritie of the Kingis Mai eftie oure SoueraneLord,it is deliberat, concludit, ftatute and ordainit be my Lord Regentis Grace, in his Hienes name, with auife of the Lordes of his Hienes Previe Counfell and of the Commiffioners of the reformit Kirk of Scotland, That euery perfoun quha fall pretend to be a minifter of Goddes word and facramentis, or to brouke and poffefs ony fpirituall promotioun or leving quhatfumeuir furth of ony benefice or fpirituall promotioun, fall, in the prefence of the Bifchop or Superintendent of the diocy quhair he has or fall haue ecclefiafticall leving, bering title of benefice, ftipend, penfioun or portioun, declair his affent, and fubfcriue to all the articles of religioun, quhilkis only concernis the confeffioun of the trew chriftian fayth and the doctrine of the facramentis, contenit in the Actes of Parliament halden in the firft geir of thereigne of oure Souerane Lord that now is, intitulat, "The Confeffioun of the Faith and Doctrine beleuit and profeffit be the Proteftantes of the realme of Scotland, exhibeit to the Eftates of the fame in Parliament, and be thair publict votes authorized as a doctrine foundit vpoun the infal lible word of God" ; and gif his aith for acknawleging and recognof- cing of the Kings Majeftie and his authority, according to the form prefentlie fett out ; and fall bring from the Bifchop or Superintendent a teftimoniale in writing, of fie affent, fubferiptioun and aith; and oppinlie, on fum Sonday, in tyme of fermon or publict prayers in the kirk, quhair, be reflbun of his ecclefiafticall leving, he aucht to attend, or of the fruitis quhairof he reffauis commoditie, reid baith the Teftimoniale and the Con feffioun ; and of new mak the faid aith, within the fpace of ane moneth eftir his admiffioun or prouifioun to the fame ecclefiafticall leving or geirlie commoditie, vnder the pane that euery perfoun that fall not do as is abone appointed, within the fpace foirfaid, falbe, ipfo facto, depriuit, and all 1571. UNIVERSALL KIRK OF SCOTLAND. 213 his ecclefiafticall promotiones falbe vacand, as gif he wer than naturallie deid ; and that all perfonis to be admittit to Prelacy's, quhairby thay ar to haue vote in Parliament, mak the faid ayth in prefence of the King, his Regent, or Privy Counfell, within the faid fpace, vnder the pane abone- written. It is deliberat, thocht expedient and commandit, That all Bifchoppes, Superintendentes, Preachers and Minifteris of the word of God, fall erneftlie and diligentlie admonifche the people within thair cures, to con tinew in thair faith and obedience to the Kingis Maieftie oure Soueraine Lord his Regent and authoritie ; and quhafaeuir hes maid defectioun or heirefter fall mak defectioun from the fame obedience, to admoniffi thame ; and in cais of thair wilfulnes and obftinacy, to proceid agains them be cenfures of the Kirk, to excommunicatioun. Of Proueftrijs of College Kirkis, and vtheris benefices vnder Prelacy's, quhairvnto diuers kirkis ar annext. That na difpofitioun or prouifioun be maid of ony deanryes or proueftreis of College kirkis, or vther benefices vnder Prelacy's, quhairvnto diuers kirkis ar annext, now vacand or that heireftir fall happin to vaik ; nor that na letters be grantit be the Lordes of Seffioun, for anfwering the fruitis of ony part thairof to ony perfoun or vfe, quhill firft it be confidderit quhat is the rent of the benefice and quhairin it confiftis ; and that prouifioun be maid, how the minifterie of euery ane of the feuerall kirkis falbe fuftenit of the fruitis of the fame kirkis, gif it be poffible, be fpeciall affignatioun of famekle geirlie ftipend as falbe found reafonable, and be appointed be the bifchop or fuperintendent of the province, and fie of the Kingis Coun- fale as falbe dire6t to accord with him thairvpoun. Item, Gif the leving baith of the proueftreis and prebendaries be foundit vpoun the fruitis of the paroche kirk, the kirk fall firft be prouidit of a mi nifter, and fpeciall affignatioun maid for his payment, befoir the titill of the haill be difponit to ony ane perfoun. 2L4 THE BOOKE OF THE 1571. Of the difpofitioun of Proueftreis Prebendareis in College Kirkis, foundit vpoun temporall landes or annuellis, as alfua of Chapel- lanreis being of the like foundatioun, for fupport of the fcoles and incres of Letters. All proueftreis and prebendaries in College kirkis, foundit vpoun tem porall landes or annuellis, and all chaiplanryes being of the like foundatioun, now vacand or that fall happin to vaik, falbe gevin and difponit be the Kingis Maieftie, or vther lauchfull patronis, to burfaires and ftudentis in Grammer, Art, Theologie, the Lawes, or Medicine, in maner following ; that is to fay, the eertane rentale falbe inquirit be the Bifchop or Superin tendent of euery diocy, of all proueftreis, prebendaryes or chapellanries being within thair diocyes ; and thairvpoun ane buke falbe deliuerit be thame to the Regent, and remane in the Regifter, betuix and the laft day of March nixtocum. Item, All proueftreis, prebendaries or chaipellanries being of or within the geirlie rent of xx merkes, lalbe gevin to a burfar in Grammer ; and of the fowme of xx lb. or within, abone xx merkes, to a burfar in Art ; and all of the fowme of xxx lb. or within, abone the fowme of xx lb. to a burfair in Theologie, Lawes, or Medicine. Nane falbe admittit a burfair in Grammer being vnder the aige of fevin geirs, nor paft the aige of xiiij ; and fall brouke the commoditie during the fpace of fevin geirs only. Nane falbe admittit a burfar in Art being vnder the aige of xiiij geirs ; and fall brouke the commoditie during the fpace of five geirs only. Nane falbe admittit burfair in Theologie, the Lawes, or Medicine, quhill he be firft paft Maifter in Arte in ane of the Vniuerfities of this realme ; and fall brouke the commoditie during the fpace of fex geirs only. All burfaires in Grammer falbe prefented to a Grammar fcole in ane of the Vniuerfities, or vther famous fcole in ane of the cheif burrowis or townes of the realme. All burfaires or ftudentis nominat to fie proueftreis, prebendaries and chaipellanries within the diocyes of Abirdene, Murray, Rofs, Caithnes and Orknay, falbe prefentit to ftudy thair Art, Theologie, the Lawes, or Me dicine in the College of Abirdene. 1571. UNIVERSALL KIRK OF SCOTLAND. 215 All within the diocijs of Sanct Androis, Dunkell, Dumblane and Brechin, to ftudy thair Art, Theologie, Lawes, or Medicine, within ane of the Colleges of the Vniuerfitie of Sanct Androis, quhair my Lord Re- gentis Grace or the patronis fall appoint. All within the diocyes of Glafgow, Galloway, Argile and the lies, to ftudy thair Art, Theologie, the Lawes, or Medicine, within the Pedagogy of Glafgow. Nane falbe admittit to pluralitie of proueftreis, prebendareis and chaip- pellanreis ; and quhair ony proueftrie or prebendarie excedis the fowme of xxx lb. in geirlie rent, it falbe diuidit, and famekle thairof appointit to the burfair of Theologie, the Lawes, or Medicine, and the remanent, ac cording to the rait and value, to ane vther burfar : And gif ony paft his cours in Grammar be defirous to pas to the Vniuerfitie, and ftudy in Art, Theologie, the Lawes, or Medicine, the chaipellanry or prebendarie he had of befoir, may be of new conferrit to him, during his ftudy in ony ane of the faidis Sciences, he haveand alwyfe new prefentatioun in ordinar forme. The burfaires nominat fall firft be found be the Maifter or Principall of the College of fie aige as is befoir written, and apt for the ftudy in fie faculty as he is ordanit vnto, befoir he gett the Kingis or vther patronis gift, and that vpoun report or teftimoniale from the Maifter or Principall of the College, according to the forme and order prefcriuit ; and gif he continewis not at the ftudy during the tyme and in place appointit, or vtherwife gevis occafioun of deprivatioun, he falbe depriuit, and ane vther nominat and prouidit of new ; quhairin the Kingis Maieftie and vtheris patronis fall alwyfe haue thair place and patronage ; and the maifter fall certefie the caufs of deprivatioun to the patroun within a moneth efter the fame, that the patronis may prefent within fex monethes of new. Generall Articles for Reformatioun of eertane Abufes. Quhaireuir actioun or pley is or falbe tueching the payment of thriddes, befoir he that is in poffeffioun of the thrid be hard or admitted in pro ceffe, he falbe haldin to find cautioun to pay the minifteris feruing the kirk or kirkis of the benefice, out of the quhilk the fame thrid fuld be payit of thair appointit ftipendis, fa far as the thrid extendis to, during the dependance of the pley. 216 THE BOOKE OF THE 1571. Item, In further pvnifhment of the perfonis now at the home, or fall happin to be denuncit rebellis, for non payment of the thriddis, and to fur ther the recovery of payment of the fame, That the perfonis gevin in dewly execute and indorfat at the home, be chargit to compeir befoir the Regent and Lordes of Secrete Counfale at ane eertane day, to anfuer to lie things as falbe inquirit of thame ; at quhais comperance thay falbe accufit for thair contempt, and falbe committit to waird quhill they haue payit the debt and obtenit thamefelffis relaxt fra the home ; and that the Soliftar of the Kirkis effaires await diligentlie heirvpoun, according as he fall reflaue aduertifment of the difobedientes fra the collectouris or vtherwife. Item, That all fewes, rentales or takkis of ony fpirituall levingis and pro motions, to be maid efter the dait of this prefent Act, in diminutioun, hurt or preiudice of the prefent rentale, falbe in law null and of nane avale. And that the certantie of the prefent rentale may be knawn, the Commif fioners of the Kirk hes takin in hand to caus the fame be drawin in ane autentik forme, betuix and the laft day of Marche nixtocum, and a buke of the fame deliuerit to remane with my Lord Regent to the Kingis vfe ; to the effect that mair formaly refolutioun may be takin in the nominatioun and difpofitioun of all benefices. Item, The Lordes of Seffioun of the Spirituall Eftate vnder Prelacy's that cleamys the immvnitie of payment of thair thriddes, fall, at the leift, pay the ftipend of the minifteris feruing at thair awin kirkis, as the fame falbe modefeit and appointed be the Commiffioners from the Kingis Coun fale and Kirk. Item, It is thocht meit, that be ane act and warrand of the Secrete Counfale, the Proueftis and Baillies of all burrowis that hes gottin the gift of thair annuellis, be chargit to fend, with thair Commiffioners to Parlia ment, thair giftes to be fene and confidderit, the rentals of fie thingis as thay haue in poffeifioun or can cleame be the faidis giftes, to the end that it may be fene that the thing difponit be employit to godlie vfes, accord ing to the intentioun of the gevares and forme of the giftes. For fupport of the pure in a part, That all to be admittit to fpirituall promotioun, heirefter to be haldin to pay the tent part of all fie portioun of thair fpirituall promotionis and levings as confiftis in teyndis, to the pure. 1571. UNIVERSALL KIRK OF SCOTLAND. 217 The Maner of Creating of a Bifchop. Trufty and weilbelouit, We great gou weill : Forfamekle as the Bifchop- rik of A. prefentlie vaikis be the deceis or forfaltour &c. of the late incum bent of the fame, and calling to oure rememberance the virtu, learning, gude conuerfatioun and vther godlie qualiteis of oure trufty and weilbelouit B. C, preacher of the word of God, We haue thocht gude, be thir oure letters, to name and recommend him to gow, to be chofin to the faid bifchoprik of A. : Quhairfore We require gow immediatelie vpoun the recept heirof to proceid to goure electioun, according to the lawes of oure realme, and oure licence to cheis, fend vnto gow heirwith ; and the fame electioun fua maid, to certefie vnto ws vnder goure commoun feill. Gevin vnder oure fignet and fubfcriuit be oure rieht traift coufing, Johnne Erie of Marr, Lord Erfkein, Regent to Ws, our realme and liegis. At, &c. Licence to Cheis. Oure Souerane Lord, with auife and confent of his rieht traift coufing, Johnne Erie of Mar &c, ordanis ane letter to be maid vnder the great Seill in dew forme, direct to the Deane and Cheptoure of the Cathedrall kirk of N., makeand mentioun, That it is humblie menit to his Hienes and '? faid Regent on the part of the faidis Deane and Cheptoure, how the kirk for., id prefentlie vaikis and is deftitute of a paftour be the naturall death or be !:>r\ltour &c. of the laft bifchop thairof, and that his Hienes will grant rhanu licence to cheis ane vther bifchop and paftour : His Maieftie fauor- ahij. i :/ -and to thair deiire, hes thocht gude to grant the fame ; requir- hxz 'h .£¦! ^eane and Cheptoure to cheis fie ane in bifchop and paftour of the faidbifcii'-^(;ck, that falbe devote to God, and to his Hienes and his re.lmo,v^3roffitabl'T and faythfull; and that preceptis be direct heirvpoun in de* ' i. i*. f . iris. Subfcriuit be the faid Regent. At, &c. 2 E 218 THE BOOKE OF THE 1571. The forme of Edict to conuene the Cheptoure for Electioun. Forfamekle as oure Souerane Lordes letters vnder his Hienes great feill, ar direct to the Deane and Cheptoure of the Metrapolitane kirk of A. grantand thame licence to cheis ane vther bifchop and paftoure, the fett now vacand be the naturall death of the laft bifchop thairof; requiring thame to cheis fie ane in bifchop and paftoure of the fame, as falbe devote to God, and to his Hienes and his realme, proffitable and faithfull. And to the effect that the electioun may proceid to the pleafoure of God, and to the weill of the King, the Kirk and realme, the day of is appointit; requiring and charging heirfore all the godlie minifteris within the faid diocy, nominat and appointed to reprefent the Cheptoure in the reformit Kirk, that they be prefent at B. the faid day, to doe and per- forme that quhilk to thame in the faid electioun appertenis. Subfcriuit, &c. At, &c. The teftimoniale of the Deane and Cheptoure returnit to the King and his Regent. To the rieht excellent, rieht heich and michtie Prince James, be the grace of God, King of Scottis, oure Souerane Lord, goure Maiefties daylie oratouris and humble fubiectis, the Deane and Cheptoure of the Cathedrall kirk of N. humble reuerence and fubmiffioun : Forfamekle as we having goure Hienes licence to cheis ane bifchop and paftoure to the faid kirk now vacand be the deceis of the laft incumbent, hes tryit and examinat the qualificatioun of our weilbelouit brother, N. nominat and recommendit be goure Maieftie, quhome we haue found a perfonage indewit with virtew, learning, gude conuerfatioun and vther godlie qualities, and able to dif charge the office of ane bifchop in the Kirk of God ; and thairfoir hes elected him thairvnto, humelie craving and requiring goure Hienes to grant goure Royall affent and approbatioun to oure faid electioun, be gour Maiefties letters vnder goure great feale, in dew and competent forme as efferis. Gevin vnder oure commoun feill and fubferiuit with oure handes. At, &c. 1571. UNIVERSALL KIRK OF SCOTLAND. 219 In cais the Perfoun nominat be not found qualifijt. Hes tryit and examinat the qualificatioun of N. nominat be goure Ma- ieftie, and findis him not qualifeit in the haill or part of the qualities re- quirit in a bifchop ; maift humbly thairfoir craving and requiring goure Hienes, That, with all convenient expeditioun, fum other fufficiently qualifeit may be of new nominat and recommendit to the faid bifchoprik, that the kirk of God be not deftitute of a paftoure. The Confirmatioun, Prouifioun, and Royal Affent, vpoun the Cheptoures certificat maid of their electioun. Our Souerane Lord, with auife and confent, &c. ordains ane letter to be maid vnder the great feill in dew forme, direct to the maift reuerend Father in God and his Hienes weilbelouit A. be the permiffioun of God, Archebifchop of S. or to quhatfumeuir vther bifchoppes to quhome in this part it appertenis, makand mentioun, That, the feitt of N. latelie vacand be the naturall death of the laft bifchop thairof, or be forfaltour, tranfla- tioun, dimiffioun or depriuatioun, &c. his Hienes, at the humble petitioun of the Deane and Cheptoure of the Cathedrall kirk of N., be his Maief ties letters vnder the great feill, hes grantit licence to thame to cheis ane vther in bifchop and paftoure of the feitt foirfaid. The fame Deane and Cheptoure, be virtew of the faid licence, hes choifit his Hienes weilbelouit, A. B. precher of the word of God, in bifchop and paftour to thame of the faid kirk ; as be thair letters vnder thair commoun feill directit to his Hienes mair plainly may appeir : Thairfoir our faid Souerane Lord acceptand the faid electioun, hes gevin his royall affent thairto, as alfua his fauour ; and fignifeis the fame to the faid Archebifchop or Bifchop be the faid letter, re quiring, and in faith and lufe quhairby thay ar haldin to his Maieftie, commanding thame to confecrat the faid A. B. eleftit, asfaid is, in bifchop and paftoure of the kirk foirfaid, and to confirme the faid eleftioun, and all and findre vther thingis to do belangand to thair paftoral office in that part, efter the forme of the lawis of this realme, with all diligence, fauour and effect. Subfcriuit be the faid Lord Regent. At, &c. 220 THE BOOKE OF THE 1571. Gif he be a Bifchop already, and is to be tranflatit, then to vfe thir wordes. And the fame A. B. bifchop and paftoure of the Cathedrall Kirk foir faid, be tranflatioun to confirme, &c. Efter the Confecratioun, the new maid bifchop fall compeir befoir the Kingis Maieftie or his Regent, and mak his ayth, as followis. I, A. B. now electit bifchop of S. vtterlie teftefeis and declaires in my confcience, That goure Maieftie is the only lauchfull and fupreme Gover- nour of this realme, as well in things temperall, as in the confervatioun and purgatioun of the religioun ; and that na foreyne prince, perfoun, prelat, ftate, or potentat, hes or aucht to haue ony jurifdictioun, power, fuperiori- tie, preheminance or authoritie Ecclefiafticall and Spirituall within this realme ; and thairfore I vtterlie renunce and forfake all foreyne jurifdic- tionis, powers, fuperioriteis and authoriteis, and promifes that fra this furth I fall and will beare fayth and trew* allegeance to goure Maieftie, goure aires and lauchfull fucceffours ; and to my power fall affift and defend all jurifdictiones, preuilegis, preheminances and authoriteis grantit and belangand to goure Hienes, goure aires and lauchfull fucceffours, or vnyted and annext to goure Royale croun : and farther I acknawlege and confeffe to haue and hald the faid bifchoprik and poffeffionis of the fame, vnder God, only of goure Maieftie and croun Royale of this goure realme : And for the faidis poffeffionis I do my homage prefentlie to goure Maieftie, and to the fame goure aires and lauchfull fucceffours falbe faithfull and trew. Sa help me God. Reftitutioun of the Bifchoppes Temporalitie. Oure Souerane Lord, with auife and confent of his rieht traift coufing, &c. ordanis ane letter to be maid vnder the previe feill in dew forme, mak and mentioun, That, the bifchoprik of N. vacand be the deceis of the laft 1571. UNIVERSALL KIRK OF SCOTLAND. 221 bifchop thairof, the Deane and Cheptoure of the Cathedrall kirk foirfaid, be his Hienes licence focht and obtenit, hes electit his Hienes weilbe louit A. B. prechear of the word of God, in thair bifchop and paftoure : To quhilk electioun and perfoun electit his Maieftie hes gevin his Royale affent and fauour, and hes reffauit his fidelitie dew to his Hienes for the faid bifchoprik, reftorand to him the temporaliteis thairof be thir prefentis ; and that the faids letters be extendit in the beft forme with all claufes neidfull, with command in the famine to the Lordes of Counfale and Seffioun, to grant and gif letters in the foure formes, at the inftance of the faid A. B. now electit, admittit and confirmit Bifchop of C. to caus him to be anfuerit and obeyit of the faid temporalitie thairof, and vthers fruitis and rentes of the fame fra the feift of D. laft bipaft, in dew and compe tent forme as efferis. Subfcriuit be the faid Lord Regent. Touard the Chapters of Metropolitan and Cathedrall Kirkis. Becaus diuers of the Deanryes, and vther dignities and benefices callit Channonreis and Prebendareis in Metropolitan and Cathedrall kirkis, ar poffeffit be perfonis that hes not maid profeffioun of the trew religioun ; and vtheris that, althocht thay haue maid profeffioun of the trew religioun, git haue not enterit be lauchfull order of the trew reformit Kirk in the functioun of the minifterie, and fa nather the ane nor the vther fort ar thocht meit to haue vote in the electioun of the trew bifchop ; thairfoir, in tyme cuming, this order falbe obferuit as interim, alfweill for bifchoprikkis now vacand or that heirefter fall happin to vaik, falang as the benefices of the auld Cheptoure are not in the poffeffioun of the minifterris of the Kirk profeffouris of the trew religioun, that is to fay, fa niony of the auld ordi nar Cheptoure as ar prefentlie lauchfull Minifteris and profeffoures of the faid trew religioun, fall haue thair awin vote, place and priuilege ; and in place of fa mony of the vtheris, prefent poffeffoures of the benefices of the Cheptoure, now poffeffit be perfonis not profeffing the trew religioun, or that has not enterit or fall not enter be lauchfull order of the trew re formit Kirk, in the functioun of the minifterie, falbe nominat als mony of the maift godlie and learnit minifterris feruing the kirkis within that pro vince. It is confidderit, that of the Archebifchoprikkis within this realme and Bifchoprikkis, twa, viz. Sanct Androis and Galloway, had Chaptoures in 222 THE BOOKE OF THE 1571. Cloifteris, and the Cheptoures of the remanent kirkis wer perfonis of paroche kirkis ; and thairfoir fa lang as the benefices of the Cheptoure ar not in poffeffioun of the minifterris of the reformit Kirk, profeffours of the trew religioun, quhilk, God willing, with tyme (the prefent poffeffoures depart- and this mortale lyff) falbe, this order is thocht meit for the electioun. Firft, For the feitt of Sanct Androis, That fa mony of the auld Chep toure as levis, and ar minifteris profeffouris of the trew religioun, fall ftill be of the Cheptoure during thair naturall lyves ; viz. The Bifchop of Caithnes, Commendatar of the Priorie of Sanct Androis, Deane. The Priour of Portmook. Patrik Boncle, Minifter at Pallady kirk. John Gudefallow, Minifter at Eglifgreg. Nicoll Spittell, Minifter at Langforgound. Dauid Robertfoun, Minifter at Roffy. John Vre, Minifter at Lewchirres. Peter Ramfay, Minifter at Derfy. Peter Watfoun, Minifter at Merkinche. Alexander Mure, Minifter at Kilgoure. Patrick Kinlochy, Minifter at Linlythgow. Johnne Duncanfoun, Minifter at Striueling. Maifter William Braidfute, Minifter at Lathrifk. Maifter Thomas Biggar, Minifter at Kingorne. The Cheptoure or Affembly of the Archebifchop of Sanct Androis affef- fouris, confift, in tyme to cum, efter the death of the prefent Convent of the abbay, in xxj perfonis heireftir nominat, quhilkis perfonis nominat fall re- prefent the Cheptoure in electioun of the Archebifchop ; and ficlike, in tyme cuming, for electioun and fpirituall effaires, alfweil befoir as efter the death of the Convent, without preiuging the auld Convent during thair lyftymes, in things temporall. The Priour of Sanct Androis, Deane. The Priour of Portmook. The Minifter of Edinburgh. The Minifter of Leith. The Minifter of Linlythgow. 1571. UNIVERSAL KIRK OF SCOTLAND. 223 The Minifter of Striueling. The Minifter of Dumbar. The Minifter of Hadingtoun. The Minifter of Perth. The Minifter of Carrale. The Minifter of Coupar. The Minifter of Anftruther. The Minifter of Dyfart. The Minifter of Kirkcaldy. The Minifter of Kingorne. The Minifter of Dumfermling. The Minifter of Abirbrothok. The Minifter of Calder in Lowtheane. The Minifter of Fettercame. The Minifter of Duns. The Minifter of Methven. That in the feitt of Archebifchoprik of Sanct Androis, vnder the Arche bifchop, thir Dignities or Superiour offices in the Kirk be retenit, quhilkis fucceffiuelie having the Kings licence to cheis, fall convocat the Cheptoure to that effect. The Deane quhais leving is and falbe the Priorie. The Archedeane of Sanct Androis. The Archedeane of Lowtheane. The Chancellair, quha falbe the Proueft of the Queinis College befide Edinburgh. And, in the meyntyme, quhill the levingis of the faidis Archedeanryes and Chancellarie vaik be the death of the prefent poffeffours, quhilkis ar not in the functioun of the Minifterie, the offices falbe feruit be Maifter John Winrhame, as Archedeane of Sanct Androis. Mr Johnne Spottifwood, Archedeane of Lowtheane. Mr Dauid Lindefay, as Chancellair. Nota. The like order for the Bifchoprik of Galloway to be takin. 224 THE BOOKE OF THE 1571. For the featt of Glafgow. The Cheptoure confiftit in xxxij Channonreis or Prebendaries foundat vpoun diftinct and feuerall benefices ; that is to fay, Deanrie ; the perfonage of Hammyltoun. Chanterie ; perfonage of Kilbride. Chancellarie ; perfonage of Campfey. Thefaurarie ; perfonage of Carnweth. Subdeanrie ; perfonage of Calder and Monkland. Archdeanrie ; perfonage of Pebles and Maner. Archdeanrie of Teviotdaill ; perfonage of Morbottill. Perfonage of Glafgow. Perfonage of Stobo. Perfonage of Govane. Perfonage of Renfrew. Perfonage of Erfkin. Subchantorie ; perfonage of Durifdeir. Perfonage of Carftaires. Perfonage of Sanquhair. Perfonage of Eglifhame. Perfonage of Air. Perfonage of Cardrois. Perfonage of Kirkmaho. Lord Provand. Perfonage of Douglas. Perfonage of Ancrum. Perfonage of Cambuflang. Perfonage of Cumnok. Perfonage of Auld Roxburgh. Perfonage of Afkirk. Perfonage of Moffett. Perfonage of Killerne. Perfonage of Bothernok. Perfonage of Eddieftoun. Perfonage of Torboltoun. Perfonage of Lus. 1571. UNIVERSALL KIRK OF SCOTLAND. 225 Off the prefent poffeffoures of the benefices, onlie fex ar enterit in the functioun of the minifterie, quhilkis falbe of the Cheptoure for the electioun of the Archebifchop ; as alfua how fone the remanent prefent poffeffoures departes this lyff, the benefices fall alwyfe be difponit to qualifeit perfonis that fall entir in the functioun of the minifterie, and thay to be of the Cheptoure ; and quhill the perfonis prefent poffeffoures, not enterit in the functioun of the minifterie, be departed this lyff, to the fex of the Chep toure quhilkis ar already minifterris falbe adionit the vtheris minifterris fol lowing, to reprefent and fupplie the Cheptoure in electioun of the Arche bifchop. The names of the fex of the Cheptoure that ar already Minifters. Maifter Johnne Coluile, Minifter at Kilbryde. Maifter Andro Hay, Minifter at Renfrew. Maifter Petir goung. Maifter James Striueling. Maifter George Hay. Maifter Johnne Hammyltoun. The perfonis adioynit. The Minifter of Glafgow. The Minifter of Dumbertane. The Minifter of Irwing. The Minifter of Air. The Minifter of Lanerk. The Minifter of Hammyltoun. The Minifter of Campfey. The Minifter of Cammonell. The Minifter of Mauchline. The Minifter of Vchiltrie. The Minifter of Stevinfoun. The Minifter of Kirkpatrik. The Minifter of Peibles, The Minifter of Rutherglen. The Minifter of Stratoun. 2f 226 THE BOOKE OF THE 1571. That in the feitt of the Archebifchoprik of Glafgow, vnder the Arche bifchop thir digniteis as fuperiour offices in the Kirk be retenit, quhilkis fucceffiuelie having the licence to cheis, fall convocat the Cheptoure to that effect. The Dearie. The Archedeane of Glafgow. The Archedeane of Teviotdale. The Chancellair. The levingis of thir digniteis and offices ar knawin, and efter the death of the prefent poffeffoures, perfonis qualifeit minifteris being placit in the levingis, fall alfua difcharge the offices ; and in the meyntyme of the electioun of the faid Archebifchop, thir perfonis fall reprefent and fupplie the famine offices ; Maifter Andro Hay, Deane. Mr James Greg, Archedene of Glafgow. Mr Johnne Coluile, Archedene of Teviotdale. Mr Dauid Wemys, Chancellair. Without preiudice of the prefent Cheptoure during thair lyftymes in thingis temporall. The like order toward the remanent Bifchoprikkis, having benefices ap pointed to fie as fould be of the Cheptoures. The forme of a letter direct to the Ordinar, or, the feitt vacand, to the Deane, or vther nixt conftitute in dignity of the Chep toure, in the fauour of a perfoun to be promovit to ane Abbacy or Priory. Reuerend Father in God, We great gow weill : Forfamekle as the Abbacy or Priory of A. prefentlie vaikis be the deceis of the late incum bent of the fame ; and having already maid prouifioun how the minifterie of the kirkis of the fame fuld be fuftenit, We haue thocht convenient to name and recommend oure weilbelouit clerk, B. C. to the Commendatary of the faid Abbay or Priorie of A. And fen the poffeflbure of the fame is to re- 1571. UNIVERSALL KIRK OF SCOTLAND. 227 prefent the place of ane of the Ecclefiafticall Eftate in our Parliament, neidfull it is that he be fufficientlie qualifeit ; quhairfoir We require and pray gow immediatelie vpoun the recept heirof, to try and examinat his learning and habilitie, certefeing Ws of the fame be goure teftimoniale, that thair vpoun We may prouide him of the laid abbay or priorie as efferis. Gevin vnder our fignet and fubfcriuit, &c. The Teftimoniale of the Ordinar returnit to the Kingis Maieftie or his Regent. To the rieht excellent, &c. gour Maiefties humble oratours reuerence and fubmiffioun : Forfamekle as having t^yit and examinat the qualifica tioun of oure weilbelouit A. B. nominat and recommendit be goure Ma jeftie to the Commendatary of the abbay or priorie of A. we haue found him of fufficient learning and habilitie, quhilk we declair and fignifie to goure Hienes be thir prefentis. Subfcriuit with oure handes and vnder oure . At, &c. In cais the perfoun nominat be not found qualify t. Hes tryit and examinat, &c. and hes not found him qualifeit in haill or part of the qualiteis requirit ; maift humblie thairfoir craving and requiring goure Hienes, That, with all convenient expeditioun, fum vther fufficientlie qualifeit may be of new nominat and recommendit to the faid abbay or priorie. The Gift and prouifioun vpoun the Ordinaris certificat. Oure Souerane Lord, with auif'e and confent, &c. ordanis ane letter to be maid vnder the great feill in due forme, direct to the reuerend Father in God, A. Archebifchop or Bifchop of B., makand mentioun, That the abbacy or priory of C. prefently vaikis be the naturall death of the laft abbat, priour, or commendatar thairof, or be forfaltoure, tranflatioun, dimiffioun or depriuatioun, his Hienes hes nominat and recommendit his weilbelouit, 228 THE BOOKE OF THE 1571. D. E. to the Commendatary of the faid abbay or priorie of C, quha be his Ordinar is found of fufficient learning and habilitie thairfore ; and alfua hes gevin the confeffioun of his fayth, his aith for acknawleging and recog- nofcing his Hienes authoritie, and dew obedience of his Ordinar in ac- cuftumat forme : Thairfoir gevand, grantand and difponand be the faid letter to the faid D. E. the faid abbacy or priory of C. with all dignitie, richtis, rentes, patrimonie, priuilegis and poffeffionis quhatfumeuir belang ing thairto ; and makand and conflitutand him Commendater thairof during his lyftyme, to be brouked and joyfed be him als frelie as ony vther broukit and poffeffit the fame in tyme bigane, but ony reuocatioun ; requir ing the faid reuerend Father to mak the faid D. E. now nominat and admittit Commendater of the faid abbay or priorie of C. haue infti- tutioun and poffeffioun of the fame ; and all and iindre vther thingis to do concerning his paftorall office in this part, with all diligence, fauour and effect ; and that the faid letter be extendit in the beft forme with ali claufes neidfull, with command in the famyn to the Lordes of Counfale and Seffioun, to grant and gif letters for anfwering and obeying of the faid D. E. now Commendatar of the faid abbay or priory, of the rentes, fruitis, proffites, emolumentes and deweties thairof, during his lyftyme, and to nane vtheris. Subfcriuit, &c. The forme of a letter direct to the Maifter of the Grammer Scoile, in fauour of a Burfar Student in Grammer. Trufty and weilbelouit, We greit gow weill : Forfamekle as the pre bendarie or chapellanrie of A. hand in the diocy of B. now vaikis be the deceis of vmquhile C. D. laft poffeffoure of the fame, the geirlie rent quhairof is thocht not to exceid the fowme of xx merkes ; and We willing to confer the famine to a Burfair in fupport of his fuftentatioun at the fcole, for the incres and furtherance of gude letters, be thir oure letters nominatis and prefentis oure louit, &c. requiring gow to try and examinat, gif he be paft the aige of fevin and be within the aige of xiiij geiris, gif he be apt to ftudy in Grammer, and will promeis to continew his ftudy vnder gow and be fubject to goure difcipline ; as alfua inquire quhair the chapellanrie or prebendarie lyis, and quhat is the eertane rent thairof, that, vpoun goure report to be returnit to Ws within the fpace of ane moneth efter the dait 1571. UNIVERSALL KIRK OF SCOTLAND. 229 heirof, We may refolue in the difpofitioun of the fame prebendarie or chap- pellanry as efferis. Subfcriuit, &c. The anfwer of the Maifter of the Grammer Scole. To the rieht excellent, &c. goure Hienes humble fubiect, A. B. Maifter of the Grammer Scole of C. humble reuerence and fubmiffioun : Ac cording to the command of goure Maiefties letters, having taken triall I find D. E. nominat and recommendit be goure Hienes to the prebendarie or chapellanrie of A., paft the aige of fevin, and within the aige of fourtene geiris, apt and difpofit to ftudy in Grammer, quhairin he hes promifit to continue and be fubiect to my difcipline ; having alfua inquirit I find that the faid prebendarie or chapellanrie lyis within the diocy of F. and ex- tendis to of geirlie rent. Subfcriuit with my hand and vnder, &c. The gift and prouifioun vpoun the certificat of the Maifter of the Grammer Scole. Our Souerane Lord, with aduice, &c. ordanis ane letter to be maid vnder the previe feill in dew forme, makand mentioun, That the prebend arie or chaipellanry of A., hand in the diocy of S., vacand be deceis of umquhile B. C, laft poffeffoure thairof, his Maieftie hes vnderftand the geirlie rent thairof not to exceid the fowme of xx merkes money of this realme ; and being certefeit, that his louit N. Q. is of convenient aige to entir in the ftudy of Grammer, and is apt and difpofit thairfore, and pro- mift to be fubiect to difcipline and continew thairin : Thairfore gevand, grantand, and difponand be the faid letter to the faid N. Q., all and haill the faid prebendarie or chaipellanrie of A., with all fruitis, rentes, pro- fittes, emolumentis and deweties belangand thairto, in fupport of his fuf tentatioun at the fcole, during the fpace of feven geiris efter the dait heir of, with power to him be himfelf, his parentes and factouris in his name, to intromett and tak vp the fruitis, rentes, emolumentis, proffites and deweties of the faid prebendarie or chapellanrie during the faid fpace, to the effect abone writtin, with all and findrie commoditeis, fredomes, &c, als frelie, &c. as ony vtheris had and broukit the fame of befoir, but ony 230 THE BOOKE OF THE 1571. reuocation, &c. ; and that the faid letter be extendit in the beft forme with all claufes neidfull, with command in the famine to the Lordes of Counfale and Seffioun, to grant and gif letters in the foure formes, for anfuering and obeying of the faid N, Q. of the fruitis, rentes, proffites, emolumentis and deweties of the faid prebendarie or chapellanrie, during the fpace abone fpecefeit ; commanding alfua the Maifter of the Grammer Scole of M. to reflaue the faid N. Q. vnder his cure and difcipline, be the fpace abone fpecifeit ; and at the end of the fame, or in cais of his depriua- tioun or not continewance in ftudy, to certefie the fame, that ane vther may be prouidit to the faid prebendarie or chapellanrie of new. Sub fcriuit, &c. For a Burfair in Art the like formes, changing the termes in the prefentatioun, the fpace, and quantitie of rent. Trufty and weilbelouit, &c. To the Principall and Maifteris of the College of M. N. For a Burfair ftudent in Theologie the like formes, changing termes in the tyme, quantitie of rent, and vther wordes neid full. Nota. The Burfaires in Art, Theologie, the Lawes or Medicine, mon gif the confeffioun of thair faith, and ane aith for acknawleging the Kingis authoritie. The forme of the Ayth to be gevin be the perfoun prouidit to ony benefice with cure, the tyme of his admiffioun be the Ordinar ; as alfua be Burfaires in Art, Theologie, the Lawes or Medi cine, the tyme of thair recept in the Vniuerfitie. I, A. B. now nominat and admittit to the C. of D. vtterlie teftefeis and declaires in my confcience, That the rieht excellent, rieht heich and mich- 1571. UNIVERSALL KIRK OF SCOTLAND. 231 tie Prince James the fext, be the grace of God, King of Scottis, is the only lauchfull fupreme Governour of this realme, als weill in thingis temporall as in confervatioun and purgatioun of the religioun ; and that na foreyne Prince, Prelat, State or Potentate hes or aucht to haue ony jurifdictioun, power, fuperioritie, preheminance orauthorite Ecclefiafticall and Spirituall within this realme : And thairfore I vtterlie renunce and forfaik all foreyne jurifdictiones, powers, fuperioriteis and authoriteis, and promifes that from this furth I fhall and will beare faith and trew allegeance to his Hienes, his airis and lauchfull fucceffoures, and to my power fall affift and defend all jurifdictionis, preuileges, preheminances and authoriteis grantit and belanging to his Hienes, his aires and lauchfull fucceffoures, or vnited and annext to his Royale croun ; and farther I acknawlege and confeffe to haue and hald the faid C. and poffeffionis of the fame, vnder God, only of his Maieftie and croun Royale of this realme ; and for the faidis poffef fionis I do homage prefentlie vnto his Hienes in goure prefence, and to his Maieftie, his aires and lauchfull fucceffoures falbe faithfull and trew. Sa help me God. Gif the benefice be at prefentatioun of a lawic patroun : At the geving of the ayth, the perfoun prefentit fall fay, I acknawlege and confes to haue and hald the faid C. and poffeffionis of the fame, vnder God, be his Maief tie, of E. F. lauchfull patroun of the fame. In benefices of cure, the perfonis admittit fall promife obedience to the Ordinar ; and in Scoles or Vniuerfiteis, to the Maifter or Principall thairof. Forfamekle as the heades and articles now talkit of, and put in fie forme as is contenit in this buke, can not haue full effect and executioun as lawes ; nor na lawic patronis vnwilling can be compellit thairby, quhill the fame be allowit and enacted in Parliament : Neuirtheles it is thocht and ment by my Lord Regentis Grace, That in fie thingis as he fall happin to pas in the Kingis Maiefties name ; and the Bifchoppes, Superintendentis, and Maifteris of Colleges and Scoles, in thair admiffioun ; and the Lordes of Seffioun, in granting of letters, fall haue refpect to the keping and obfer- vatioun of the order now condefcendit vpoun, as gif it wer eftablefhit be law ; and that all lawic patronis be perfuadit to the obfervatioun of the fame order, quhilk is ordanit to haue the ftrenth of ane act of the Secrete Counfale : and that exact laboures falbe takin to gett this ordour allowit, 232 THE BOOKE OF THE 1571. confirmit and eftablefhit as law be the Parliament ; and for that effect that the formes of fignatoures and letters be kepit vnalterit. And a Regifter to be kepit be the clerk of the Secrete Counfale, of all fignatures, and vtheris grantis of ony Spirituall promotionis or maters con cerning the fame ; and the feillis to anfuer na fignatoure or letter vnregif- trat and fubfcriuit on the bak be the faid clerk : And in cais ony letter be paft negligentlie the handes of the Regent different from thair formes, that the clerk ftay the fame vnregiftrat, quhill the mater be oppynnyt to the Regent, and his mynd certanlie vnderftand ; and na letters to pas with blankes ; and na double gift to be regiftrat without the Regents mynd firft knawin. Sic fubfcribitur. Quhilkis articles and formes abonewrittin being fene and confident be my Lord Regentis Grace, he, in oure Souerane Lordes name, allowis and appro vis the fame. At Leith, the firft day of Februar, the geir of God lm vc thre fcoir ellevin geris. Sic fubfcribitur. Johnne Regent. Apud Leyth xxiij January, anno Domini l™ vc lxxj. The Commiffionaris of the Kirk hes grantit and affignit, and be the ten- nour heirof grantis and affignis the fowmes of money and victuallis vnder- writtin for the fupport of the Kingis Maiefties eftate and commoun effaris of the realme, of the crop and geir of God I™ vc thre fcoir ellevin geris inftant and in tyme cuming, that is to fay, to the fupport of the Kingis Maiefteis houfe the fowme of iij00 vjc xxxj li iij §. And for payment thairof. The money of the thrid of the abbay of Kinlos, iijc lxxxiiij fi iiij d. The money of the thrid of the Bifchoprick of Murray, vc xlix ii xv s ix d. The money of the thrid of the Bifchoprik of Aberdene, vc lj ii v s viij d. The money of the thrid of the Abbay of Abirbrothok, viijc xxvij li xv s. The money of the thrid of the Bifchoprik of Sanct Androis, viijc iij fi xij § iij d. The money of the thrid of the Bifchoprik of Dunkeld, vc ii. Summa. 1570. UNIVERSALL KIRK OF SCOTLAND. 233 And becaus Sir Patrik Leirmonth of Derfy, Knycht, Proueft of Sanct Androis, hes obtenit ane deereit befoir the Lordis of Counfall and Seffioun, twicheing his awin few males to be allowit to him in his bailliefe, quhair- throw fa mekill will prefentlie inlaik of the thrid of the Bifchoprik of Sanct Androis : Thairfoir in place thairof for the prefent geir and in tyme cum ing quhill the faid deereit be reducit, the Commiffionaris hes grantit and affignit the fowme of xlvj li xiij s iiij d to be payit be the Collectour pre fent and to cum. Item, To the fupport of my Lord Regentis Grace hous, out of the handes of euery ane of the Collectouris vnder written, the fowme of fyve hundrith and fifty merkis, with the thrid of the Proueftrie of Methuen, makand out in the haill v00 merkis. Item, To Maifter James Haliburtoun, Proueft of Dunde, his penfioun out of the thrid of Scone, extending in money to xlvj ii xviij s. Quheit out of Scone, v chalderis, ij bolls, ij pairt bolls. Beir out of the fame, xvj chalderis, x bolls. Meill out of the fame, vj chalderis. Summa of victuale, xxviij chalderis, xij bolls, 2 pairt bolls, and of money xlvj li xviij s. To the Maifter of Requeiftis out of the thrid of Balmerinoch ijc ti. As to the Lard of Granges auld penfioun or tak out of Wetter Kingorne, Auchtertule and Fynmonth, extending to Ic Ivij ti iij s iiij d money, iij chalderis x bolls beir, xiiij chalderis v bolls aittis, with the thrid of the lyme, and of the affignatioun maid to the Caftell of Edinburgh of the filuer of the Abbay of Scone in money, iijc xxxiiij ti ij s 1 d 3 pt. d, and xlvj chalder victuale rynnand met, out of Scone, Dunfermling and Sandt An drois, quheit, beir and meill of the crop 1570 ; be agrement the fame is ordanit to be equalie diuidit betuix the Minifterie and to the Kingis vfe. And in refpect of the affignatioun maid alreddy to the Minifterie of the fame of this inftant geir and crop, it can not convenientlie be fparit ; bot thaireftir for the tyme to cum, the Commiffionaris hes thocht meit and aggreit, that it fall returne to the vfe of the King for the fupport of the faid Caftell, howfone it cumis to his obedience, or vtheris the neidfull effaris of the State. Item, To my Lord now Regent for fupport of his expenfis attending 2 G 234 THE BOOKE OF THE 1571. vpoun the Kingis perfoun, the thrid of the filuer of Jedburgh with Ref- tennot, iijc xxxiij }i vijj § vj|j 3 . ^q commoun kirk of Welftoun xl ti ; Vicarage thairof xv ti ; Vicarage of Falkirk xiij ti vj s viij d ; Vicarage of Kilmacolme xj ti, Summa iijc lxxxxiij ti iij § iiij d ; togidder with the thrid of meill, quheit and beir of Jedburgh, and haill victuale of Dun blane, bayth extending to xii chalderis viij bolls iij fyrlots. Item, For keping of the Caftell of Dumbartane, out of the thrid of Paflay, xx chalder victuale. Item, In hors corne to my Lord Regent, fourty chalder aittis grantit and affignit to be payit in maner following, viz. out of Fyff of the prefent geir 1571, and for the tyme to cum a fpeciall affignatioun falbe maid befoir October nixt. Item, It falbe lauchfull to the Kingis Maieftie, with auife of my Lord Regent, to mak and conftitute Collectouris and Chalmerlanis ane or ma for craving, collecting and inbringing of the money and victuallis abone writ- tin, affignit to the fupport of the Kingis Maiefteis hous, and vtheris fpeciall affignationis abone writtin, difchargeing the Collectouris of the Kirk of all intromiffioun with the fame. Item, Grantit and affignit to Agnes Scott during hir wedoheid, the fowme of twa hundrith merkis of the thrid of the Abbay of Culros. And this affignatioun to left and indure this prefent geir and crop, and geirlie in tyme cuming quhill farder ordour be tane. The names of the Collectouris and thair boundis. Patrik Dauidfoun, Ros Herauld, collectour of Ros, Sutherland, Strath- naver and Caithnes. Dauid Dunbar, collectour of Murray. Johnne Calder of Aflowne, collectour of Abirdene and Banff. Williame Foulartoun, collectour of Mernis and Angus. Dauid Murray, colleaour of Perth. X Togidder. Maifter Robert Winrame, collectour of Fyff. j Thomas Lindefay, Snawdoun Herauld, collectour of Lowthiane and Mers. William Ruthirfurd, collectour of Roxburgh, Selkirk and Peblis. 1571. UNIVERSALL KIRK OF SCOTLAND. 235 James Boyd, colleaour of Lanark, Renfrew, Striueling, Dunbartane, Kyle, Carrik and Cunynghame. Hary Smyth, colleaour of Niddifdaill and Galloway. R. Dunfermling. Johnne Erfkin. Hew Wallace of Caruell. Maifter Johnne Winrame. Mr Andro Hay. Bellenden. Maifter Williame Lundy. Robert Pont. Dauid Lindefay. The Commiffionaris of the Kirk for diuers gude confiderationis moving thame, hes grantit and difponit to Alexander, Commendatare of Culros, ane of the Senatouris of the College of Juftice, the thrid of his benefice of the Abbay of Culros, and makis and conftitutis him felf colleaour and in- tromettour thairwith of this prefent crop and geir of God ¥° Vc lxxj geris, and in tyme cuming, quhill farder ordour be tane ; he payand geirlie thair foir the fowme of fyve hundrith merkis, that is to fay, the fowme of twa hundrith merkis to Agnes Scott, and the reft to the Colleaour of the thrid in theis partis ; and ordanis the faid Commendatare to find fufficient cau- tioun to the Colleaour for the fame. Anent the fupplicatioun prefentit to the Commiffionaris appointit be the Kingis Maieftie and the Affemblie of the Kirk be Maifter David Wemys, Minifter at Glafgow, makand mentioun, That quhair he hes feruit in the office of Minifterie at the faid Citie be the fpace of ten geris bipaft, in fum troubill and without certantie of his ftipend ; requirand that he may vnderftand at quhais handis he fall crave the fame in tyme cuming, Quhid der of the perfonage of Glafgow quhairof the frutes ar now intromet- tit with be Maifter Archibald Douglas, or otherwayis. The Commiffion aris having confideratioun of the raritie of qualifiit perfonis Senatouris in the College of Juftice of the Spirituall Eftate, and willing to remove all occafioun of contentioun, hes concludit, and be this prefent aa decernis and declaris be confent of the faidis Maifter Archibald and Dauid, That the faid Maifter Archibald falbe owerfene to brouke the perfonage of Glaf gow be fie ryeht and poffeffioun as he hes alreddy thairof during his lyff ; 236 THE BOOKE OF THE 1571. and the faid Maifter Archibald fall content and pay to the faid Mr Dauid fa lang as he fall continew Minifter of Glafgow, or to the vtheris that fall fucceid to him in that charge, thair geirlie ftipend extending to the fowme of twa hundrith pundis, at twa termis in the geir, Witfonday and Marti- mes in Wintir, be equall portionis ; begynnand the firft termis payment at the Feift of Witfonday nixtocum in the geir of God P0 Vc thre fcoir twelf geris ; and that in payment and fatiffaaioun of the thrid of the faid per fonage, and to the effea the faid thrid may be recoverit agane according to the full rentall that the famyn extendit vnto the geir of God I"' vc lxj geris, commandis the Procuratouris of the Kirk to perfew at thair inftance for reduaioun of quhatfumeuir giftis and difpofitionis maid of the fame thrid, in preiudice and diminutioun of the firft. rentall, quhairthrow the faid Maifter Archibald may brouke the faid haill thrid, and may be abill thairby to pay the fowme of twa hundrith pundis to the Minifter foirfaid : Prouiding that this falbe na preparatiue to vther the lyke thingis heireftir ; and that the faid Maifter Dauid be payit of his ftipend as he hes bene heir tofoir quhill the faid Feift of Witfonday nixtocum : And als, with auife and confent of the faidis Maifter Archibald and Dauid, ordanis thir pre fentis to be aait and regiftrat in the bukis of Counfafl, to haue the ftrenth of ane aa and deereit of the Lordis thairof, and letters and executoriallis of horning or pounding to pas thairvpoun in forme as efferis. In witnes heirof the Commiffionaris of the Counfall and Kirk, hes commandit thir prefentis to be fubferiuit be the fcrybe of the Prevy Counfall in thair names. And the faidis Maifter Archibald and Dauid, in takin of thair confentis and for thair interefs, hes fubferiuit thir prefentis with thair handis, day, geir and place foirfaid, befoir thir witneffes, Robert, Commendatare of Dunfermling, Maifter James Makgill of Rankelour-nethir, Clerk of Re- giftare, Johnne Bellenden of Auchnowle, Juftice Clerk, and Alexander Hay, Scrybe to the Prevy Counfall. Sic fubfcribitur Mr Archibald Dow- glas, Maifter Dauid Wemys, Minifter at Glafgow, Alexander Hay. C. & Jieg. Sec. Cone. J 1571. UNIVERSALL KIRK OF SCOTLAND. 237 A.D. M.D.LXXI. The Generall Affemblie haldin and begun in St Androes [in Sana Leonards fchool] the faxt day of Marche 1571 : In the quhilk were prefent the Superintendents, Barrons, Commiffioners to plant Kirks, Commiffioners of Provinces, Townes, Kirks, Uni- verfities, Minifters, and Mr Johne Dowglas, Archbifchop of St Androes. Mr Robert Hamiltoun, Minifter in St Androes, Mo deratour for this prefent Affemblie. Seflio la- [At the triall of the Superintendents, Mr John Winram, Superintendent of Fife, was complained upon be Mr Thomas Kinneir, Minifter at Car- raill, That his kirk had not been vifited thir three years bygone, and that at this laft vifitation there he ufed not due order, in fo far as he confulted not with the Minifters and Elders touching things to be reformed, &c. : Nixt accufed, that he had not vifited Stratherne, Menteith, Braidalbane the year bygone : Thirdly, that he had given the vicarage of Kilmanie to one that is no Minifter, nor hath any funaion within the Kirk, wherethrough the Minifter of the faid kirk planted by himfelf is fruflrate thereof. Re entering he anfwered to the firft, That he referred to the book of vifita tion. The Affembly exhorted him to be more diligent in vifitation as he ;might conveniently ; which he promifed to doe. 238 THE BOOKE OF THE 1571. Mr David Lindfay, Commiffioner of Kyle, Caria and Cunninghame, was accufed for not putting order to certain enormities done to the kirk of Uchiltrie, and committed to him be the Affembly holden at Leith. He alledged for excufe the fhortnefs of time, and greatnefs of the ftream. The Affembly required him to take order in the premiffes how foon he might conveniently ; which he promifed. The Affembly appointeth Mr William Gardin, William Clark, James Carmichaell, John Inglis and George Scot, to conveen the morne at feven hours, to vifite the books of Superintendents and Commiffioners appointed to plant kirks, and to report again to the Affembly what diligence they find. Seffio 2a- The brethren conveened, remembring on the commiffion given to certain brethren in the Affembly, paft before, to conveen with the Regents Grace and Secret Counfell, to treat upon the heads which were to be proponed be his Grace and Counfell ; as alfo fuch heads and articles as they had to propone in name of the Affembly : In refpea whereof, underftanding that the faids brethren Commiffioners had already concluded upon fome heads with my Lord Regents Grace and Counfell forefaid, and had re ported the fame to this Affembly, appointed the Archbifhop of Sana An drews, Mrs John Knox, John Craig, John Row, Alexander Arbuthnet, James Wilkie, Patrick Adamfon, Gilbert Gairdin, William Clerk, Robert Montgomerie, William Chriftefone, David Fergufone, William Spence, George Leflie, George Scot, Mr John Rutherford, Patrick Kinninmouth, with the Superintendents of Fife, Mrs David Lindfay and Andrew Hay, Commiffioners before appointed, That they or eight of them conveen in Mr Knox houfe this day at two afternoon, and there confider and fight the faid articles and conclufions ; and what therein they find agreeable to Gods word, and to the utility of the Kirk, to report the fame to the Af fembly this night or the morne, that the faids conclufions may be infert in the Regifter. 1571. UNIVERSALL KIRK OF SCOTLAND. 239 Seflio 3a- In confideration that the countrey of Murrey is prefently deftitute of a Commiffioner to vifite the Minifters and plant kirks, all in one voice gave commiffion to Mr John Keith, Perfoun of Duffus, to vifite Minifters, plant kirks where none are, fufpend and depofe as occafion fhall ferve, conferr benefices to qualified perfons, at the prefentations of the juft pa trons, vifite colledges and fchools, &c. ; and what he doeth in the pre miffes to report to the nixt Affembly. Touching queftions and complaints given or to be given in : The Af fembly appointed Mr Andrew Hay, Commiffioner of the West, John Rutherford, John Craig, Alexander Arbuthnet, Robert Montgomerie, John Ure, William Clerk, to conveen at two hours afternoon, read, con fider and give anfwers to the faids complaints and queftions ; and what they fhall happen to find worthy to be regiftered, to report the fame for that effea. Mrs Andrew Hay, John Row and Mr David Lindfay were continued Commiffioners of Cliddifdaill, Galloway and Kyle till the nixt Affembly. The fame day Mr John Winrame Superintendent of Fife, of his own free will and for certain caufes moving him, purlie and fimpliciter dimitted the office of Superintendentrie which he had within the Diocefe of Sana Andrews in the Affemblies hands, requefting them moft earneftly to pro vide for another in his room, for the comfort of the Kirk, and vifiting the Minifters within the forefaids bounds. C.J Anent the complaint givin in be Mr Johne Rutherfuird, Proveft of St Salvators Colledge, againft Mr John Wynrhame, Superintendent of Fyfe, for the wrangous difponing of the Vicarage of the commoun kirk of Kil manie pertaining to the faid Proveft and his Collegues brether of the faid Colledge ; as alfo for obtaining of the gift and giving of ane altarage in the fame Colledge fituat at St Johns altar, the gift quhairof the faid Mr Johne as Proveft alledgit to have pertainit to him be vertue of foundation of the fame, &c. as at lenth in the faid complaint was conteinit, Requeiftand the Kirk prefentlie conveinit to take fick ordour in the premiffes as godli- nels and equitie requireth, in fick fort that the Colledge and brethren for- faids be not put to furfett and expenffes in feiking remedy befor vther Judges. The Kirk having confideratioun of thair complaint, thought meitt 240 THE BOOKE OF THE 1571, to have infpeaure of the foundatioun of the Colledge, and quhat the fame conteinit anent the prefentatioun and collatioun of the faid Viccarage of Kilmanie ; and, for that purpofe, gave commiffioun to thair brethren, Mrs Johne Row, Gilbert Gardein, William Chriftefone, Andro Hay and David Lindefay, to pafs to St Salvators Colledge, confidder and fie the founda tioun thairof, and quhat they find concerning the faid Viccarage of Kil manie, and to quhom the prefentatioun and collatioun thairof pertaineth ; and quhat they happin to find, to report the fame againe to the nixt Af femblie. The faids brethren returneand reported quhat they had found in the faid foundation ; the tenour quherof followes in thir wordes. Vicarie de Kilmanie eleaio et prefentatio ordinaria facienda ad Domi- num Prepofitum, et ceteros de diao Collegio graduatos debent pertinere. Qui quidem Vicarius omnia onera ordinaria fubire tenetur. In fundatione Collegii Sanai Salvatoris, ita invenimus ad verba fcriptum. Teftantibus noftris chirographis fubfcriptis, et ex commiffione ecclefie ad id muneris deftinatis, 7 menfis Martii 1571. Gulielmus Chriftefone, Andreas Hay, David Lindefay, Joanes Row, Gilbertus Gardein. In refpea of the premiffes, the Kirk ordainit to wryte ane letter to the [Lords Senators of the] Colledge of Juftice, teftifieing quhat they had found in the faid foundatioun, anent the prefentatioun and collatioun of the forfaid Viccarage of Kilmanie. Seflio 4a- [ Anent the fupplication prefented to the Generall Affembly be Mr Pa trick Adamfon, bearing in effea, That where my Lord Regents Grace of good memory had granted him a penfion of five hundreth merks yearly, to be lifted up of the perfonage of Glafgow at two terms in the year, Martimefs and Whitfunday, requefted the Affembly to ratify, confirm and approve the faid penfion, and to defire the Procurators of the Kirk to affift him in this his caufe, becaufe* for his own part, he was willing to endeavour himfelf to the uttermoft of his power to the fervice of the Mi niftry, according as it fhould pleafe the Kirk to call him ; and nixt, if it fhould happen him to obtain the faid penfion in the faid Perfonage, he would not only be at the Kirks command to employ his labours, but alfo 1571. UNIVERSALL KIRK OF SCOTLAND. 241 would be content the faid penfion be at their pleafure, as any thing per taining to the Kirk. The Affembly, in refpea of the faid Mr Patrick his reafonable fute and offer, moft humbly requefted my Lords Senators of the Colledge of Juftice to minifter juftice in the faid aaion of penfion as their Lordfhips may Godly, that the faid Mr Patrick may the more heaftily enter in the funaion of the Miniftry : And, in like manner, earneftly defireth the Advocats for the Kirk aaions to affift the faid Mr Patrick in the faid adtion, and to doe their diligence for obtaining the end thereof, as if the famen pertained to the generall Kirk ; and when the faid penfion fhall be obtained with the execution thereof, the Affembly promifed to ratify the fame ; alwife providing the faid Mr Patrick travell in the Miniftry as he fhall be appointed in the Kirk ; whereunto the faid Mr Patrick agreed, and in fign thereof fubfcribed the faid fupplication. Anent the queftion, Whither if Superintendents and Commiffioners to plant kirks where benefices vaike within their Jurifdiaion, which is at the Kirks gift, pleno jure, fhall give the famine to any other then to fuch as ferve for the time in the Miniftry where they vaike, and that be advice of a certain number of Minifters nixt adjacent, to the effect that others get not the fame. Anfwer. Referrs this to the difcretion of Superintendents and Commiffioners of Countries where the benefice lyeth, Requefting them to have confideration of thefe that travell in the kirks, and that they be preferred to others, cseteris paribus. Anent the queftion, Whither the Perfon or Vicar ought and fhould fur- nifh bread and wine to the Communion : After long reafoning, O] It is concludit, that the Perfon fould furnifch bread and wine to the Commu- nioun, unleffe the Vicarage exceid the fowme of xl lb. ; and in that cace the Vicar to furnifch the fame in tyme eomeing. [Anent the letter prefented be fome brethren to the Univerfity of Sana Andrews, putting in remembrance how Mr John Douglas, Rector of the Univerfity, Proveft of the new Colledge, when he was ereaed Bifhop, promifed to dimitt all the offices which might impede him to execute the office of a Bifhop, and in fpeciall the faid Reaorie and Proveftrie, the Af fembly was required to take order herein, that a Reaor and Proveft might be provided, &c. The Affembly for certain caufes moving them continued the faid Bifhop in his office till the nixt Affembly ; providing alwife he be diligent in vifitation of his Kirk ; and in the mean time a qualified man be 2h 242 THE BOOKE OF THE 1571. provided for the faid Proveftrie according to the foundation of the faid Colledge. C.J The Kirk ordaines the Superintendent of Fyfe to vfe his awin Jurifdic tioun as of befoir in the provinces not get fubiea to the Archbifchoprick of Sana Androes ; and als requeifts him to concurre with the faid Arch- bifchop, quhen he requyres him in his vifitatioun, or vtherwayes within his bounds, quhill the nixt Generall Affemblie ; and the Superintendent to have the ftipend as of befoir : and in lyke manner the Superintendents of Angus and Lowthiane [to continue in their Jurifdiaion in manner fore faid] without prejudice of the faid Archbifchop, except be vertue of his commiffioun. 1572. UNIVERSALL KIRK OF SCOTLAND. 243 A.D. M.D.LXXII. The Generall Affemblie begun and haldin in the Tolbuith of Perth, the faxt day of Auguft 1572 : In the quhilk were prefent the Erles, Lords, Barronis, Superintendents, Commiffioners to plant Kirks, Commiffioners of Provinces, Univerfities, and Minifters. Johne Erfkine of Dunne, Knyght, Superintendent of Angus and Mernes, was chofen Moderatour be the haill voyce of the Af femblie. Seflio la- To the effea that obedience be given to the Moderator prefentlie and in all tymes heirafter, the haill brethren affemblit in ane voyce ftatutes and ordaines, That na perfon, of quhat eftate that ever he be, take in hand to fpeake without licence afkit and given be the Moderatour, and after licence obtainit, that the perfon fpeake and keip moderatioun in reafoning and anfuering, and els keip filence quhen he fall be commandit be the Mode ratour, under the paine of removeing out of the Affemblie, and not to re enter therin dureing that conveining : and this to be a perpetuall aa for all Affemblies heirafter. [The Affembly findeth and declareth the Diocie of Sana Andrews, wherefoever it lyeth, to pertain to the Bifhop of Sana Andrews, and to no other Superintendent to vifite and plant kirks : Therefore the faid Bifhop anfwered, Becaufe the bounds are great, and he not able to doe his office in his own perfon, defired fome of the Godlieft and beft learned to concurr 244 THE BOOKE OF THE 1572. with him in taking order, how the whole Diocie may be ferved : And, for that purpofe, he defired to have the counfell of the brethren under written, to wit, John Arefkine of Dun, Knight, Superintendent of Angus and Merns, Mr John Spotfwood, Superintendent of Lothian, Mr Robert Pont, Mr Andrew Hay, Commiffioner of Cliddifdaill, Mr John Craig, Minifter ; whereunto the whole Affembly agreed. Mrs John Craig, William Chriftefon, Andrew Simpfon, Robert Ham milton, John Duncanfon and James Dalrympell were appointed to vifite the books of the Bifhop of Sana Andrews, the Superintendents and Commiffioners vifitation. Touching the reviling of the heads and articles concluded at Leith in the moneth of January laft, betwixt my Lord Regents Grace, Secret Counfell and Commiffioners of the Kirk, the whole Affembly appointed the Superintendents of Angus and Fyfe, Mrs John Craig, John Row, William Chriftefon, David Fergufon, David Spence, John Rutherford, Patrick Kinninmouth, together with Mr Robert Pont, David Lindfay, Andrew Hay, and Mr William Lundie of that ilk, that they conveen upon Friday nixt to come at fix hours in the morning in the Counfell houfe, and overfee and confider the faids conclufions, and what they find therein, either to be retained or altered, to report the famine again to the Affem bly ; ordaining all and fundry brethren that have any reafon to alledge againft the faid conclufions, that they conveen with the forefaids brethren the faid day or before, and fhew their opinion j with certification, that thereafter they ffiall not be heard thereanent Seffio 2a- Anent my Lord Regents Graces fupplication for placing of Mr Robert Montgomerie in the town of Stirling, the Affembly willing to fatiffy my Lord Regents Grace and town of Stirling in that behalf, confented that Mr Robert be placed there ; alwife providing the aa anent the removing of Minifters made the penult of July 1569. be obferved. Alwife becaufe it is fupponed that the congregation of Dumblane hath no knowledge of the tranfporting of their Minifter, The Affembly ordaineth the Superin tendent of Stratherne to warn the faid congregation before him, betwixt and the laft day of this inftant, and fiear their alledgance, wherefore the 1572. UNIVERSALL KIRK OF SCOTLAND. 245 faid Mr Robert fhould not be removed from them and placed in the faid town of Stirling. Moreover, the Affembly ordaineth, that if the faid Mr Robert be placed in Stirling, that the Colleaor of the Weft pay to him two hundreth merks, and the Colleaor of Stratherne ane hundreth merks for a year, till farder order be taken. Anent the fupplication of the town of Edinburgh touching the fupport of Minifters for their congregation prefently deftitute of preaching : The Affembly gave commiffion to the Superintendent of Lothian with fo many Minifters of the province as he fhould choofe, with advice alfo of Mr Knox and the Seffion of the Kirk of Edinburgh, to nominat and choofe any qualified Minifter, as they fhall think expedient to be joined with Mr Knox, Minifter of the faid town ; and whomfoever they fhall happen to choofe, that the faid Superintendent charge him to enter in the Miniftry of the faid town with all diligence, under the pain of difobedience to the Affembly. The Affembly ordained Mr Patrick Adamfon to enter in the Miniftry at Pafley at what time the Commiffioner of Cliddifdaiil fhall charge him thereto ; which the Affembly defireth to be done with all diligence, ac cording to the faid Mr Patricks own promife. The Affembly, for certain caufes, continueth all Commiffioners already appointed ftill in their offices while the nixt Affembly, at the which or daineth them to be prefent, and bring with them their diligence in execu tion of their Commiffiono Seflio 3a- Anent anfwering and concluding upon queftions and complaints : The Affembly appointed the brethren under written, to wit, Mrs Alexander Arbuthnet, James Melvill, James Carmichaell, George Scot, Alexander Jerdan, Andrew Simpfon, to meet at three hours after noon and give •their anfwers, and report the famine to the Affembly. The brethren appointed for reviling the heads and articles concluded in Leith, in January laft, with the Regents Grace and Secret Counfefl, pre fented to the Affembly a proteftation with their opinion, anent fome of the heads and conclufions, requiring the whole Affembly to adhere ±o the i'ame.: The tenor whereof followeth. C.J 246 THE BOOKE OF THE 1572. For fameikle as in the Affemblie of the Kirk haldin in Leith in January laft, ther was certaine Commiffioners appointed to travell with the Nobili tie and their Commiffioners, to reafon and conclude upon diverfe articles then thoght good to be conferritt upon : According to the quhilk com miffion they have proceidit to divers dyatts and conventions, and finallie concludit for that tyme upon the faids heids and articles, as the fame pro duced in this Affembly proportis. In the quhilks beand confidderit and red are found certaine names, fick as Archbifchop, Deane, Archdeane, Chancellour, Chapter, quhilks names were found flanderous and offenfive to the ears of many of the brethren, appeirand to found to papiftrie : Therfor the haill Affemblie in ane voyce, afweill they that were in Com miffion at Leith as uthers, folemlie protefts, that they intend not be ufeing fick names to ratifie, confent and aggrie to any kynd of Papiftrie or fuper ftition, and wifhes rather the faids names to be changeit into uthers that are not flanderous or offenfive. And in lyke manner protefts, that the faids heids and articles aggriet upon be only receivit as ane interim, untill farder and more perfyte ordour be obtainit at the hands of the Kings Ma jefties Regent and Nobilitie ; for the quhilk they will preafe as occafion fall ferve : Unto the quhilk proteftation the haill Affemblie prefently conveened in ane voyce adheres. [Anent the names and titles of Archbifhops, we think good that they that had the names of Archbifhops heretofore, That hereafter in thefe things concerning the funaion of the Kirk, they fhall ufe the name of Bi fhop and not Archbifliop. Toward the names of Chapter, Dean and Archdean and Chancellarie, we think it good, that becaufe thir names found to bring in fuperftition with them, and fo offenfive to the ears of a great number of the Kirk ; therefore delire they may be changed in other names tending to the fame purpofe ; fuch as the Chapter be called the Bifliops affembly ; the Dean, Moderator of the faid Affembly. As to the funaion of the Deans, Archdeacons and Chancellers, we think good, that fome be appointed be this prefent Affembly, to try and give in their Judg ment concerning the faid funaions, how far they fhall extend in particu lar ; and alfo toward the funaion of the Abbots and Priors, and toward the interchanging of all their names in other names more agreeable to Gods word, and the policies of the beft reformed Kirks ; and they to re port the fame to the nixt Affembly, or elfe to the next Parliament, if any happen to be betwixt this and the nixt Affembly. And we think good, 1572. UNIVERSALL KIRK OF SCOTLAND. 247 that Commiffioners be appointed be this prefent Aflembly to await upon the Parliament, if it fhall happen to be, or otherwife pafs to the Regents Grace and Secret Counfell for fuch things as fliall be given to thofe in commiffion : farther vifeing of the faids conclufions the faid brethren continued till farther opportunity, alwife adhering to the former pro teftation. Mr Knox fent the letter following to the Affembly. Fight and faint not, for the battle is fhort, and the viaory with Jefus Chrift is rich and without ^nd. Albeit I have tain my leave not only of you, dear brethren, but alfo of the whole world and all worldly affairs ; yet remaining in the flefh I could not nor cannot ceafe to admoniffi you of things, which I know to be moft prejudiciall to the Kirk of Chrift Jefus within this realme. Above all things preferve the Kirk from the bondage of the Univerfities. Perfuade them to rule themfelves peaceably, and order the fchools in Chrift ; but fubjea never the pulpit to their Judgment, neither yet exempt them from your Jurifdiaion. Take heed that nothing proceed, under your name, be particular faaions. Farther I have communicated my mind with thir two dear brethren. Hear them, and doe as ye will anfwer before God, who prefently worketh potently, how blind that ever the world remaineth. Fight ye in the truth and for the liberty of the fame, and be affured to triumph with Jefus Chrift : To whofe mighty proteaion I unfainedly commit you. Off Sana Andrews, the 5 day of Auguft, 1572. With this letter, which was fent be Mr John Winram, Superintendent of Fife, and Mr Robert Pont, were fent thir articles following. 1. Firft, Defiring a new aa to be made, ratifying all things concerning the King and his obedience that were enaaed of before, without any change; and that the minifters who have contraveened the former aas, be correaed as accordeth. 2. That fute be made to the Regents Grace and Nobility maintaining the Kings caufe, That whatfoever proceedeth in this treaty of peace, they be mindful] the Kirk be not prejudged thereby in any fort ; and they fpe cially of the miniftry, that have been robbed of their poffeffions within the 248 THE BOOKE OF THE 1572: Kirk during the time of the troubles, or otherwife dung and injured, may be reftored. 3. To fute at the Regent, That no gift of any Bifhoprick or other be nefice be given to any perfon contrar to the tenor of the Aas made in the time of the firft Regent of good memory ; and they that are given contrar the faid Aas, or to any unqualified perfon, may be revocked and declared null be ane Aa of Secret Counfell ; and that all Biffiopricks vacand may be prefented, and qualified perfons nominat thereunto, within a year after the vaiking thereof, according to the order taken in Leith be the Commiffion ers of the Nobility and of the Kirk in the moneth of January laft ; and, in fpeciall, to complean upon the giving of the Bifhoprick of Roffe to Lord Methven. 4. That no penfions of benefices great or fmall be given be fimple dona tion of my Lord Regent, without confent of the poffeffor of the faid be nefices having title thereto, and the admiffion of the Superintendent or Commiffioner of the province where this benefice lyeth, or of the Bifhops lawfully eleaed according to the faid order taken at Leith ; and defire ane aa of Counfell to be made thereupon unto the nixt Parliament, where in the fame be fpecially inaaed, with inhibition to the Lords of Seffion to give any letters or decreets upon fuch fimple gifts of benefices or penfions, not being given in manner above rehearfed ; and that the Kirk prefently affembled declare all fuch gifts null, fo far as lyeth in their power. 5. That the firft form of prefentation to benefices, which were in the firft and fecond Regents time, be not changed as now it is commonly ; but that this claufe be contained in the prefentations, That if the perfons prefented make not refidence, or be flanderous, or found unworthy either in life or doarine be the Judgment of the Kirk, (to the which alwife he fhall be fubjea,) or meet to be tranfported to another room at the fight of the Kirk, that the faid prefentation and all that ffiall fall thereupon, fhall be null and of no force nor effea ; and this to have place alfo in the no mination of the Bifliops. 6. That ane Aa be made in this Affembly, That all things done in prejudice of the Kirks affumptions of the Thrids, either be Papifts or others, in giving of fewes, liferents or tacks, or any otherwife difponing the faid affumed Thrids, be declared null, with a folemn proteftation, The whole Kirk difaffenteth thereto. 7. That ane Aa be made, decerning and ordaining all Bifhops admitted 1572. UNIVERSALL KIRK OF SCOTLAND. 249 be the order of the Kirk now received, to give account of their whole rents and intromiffion therewith once in the year, as the Kirk ffiall appoint for fuch caufes as the Kirk may eafily confider the fame to be moft expedi ent and neceffar. 8. Anent the Jurifdiaion of the Kirk, That the fame be determined in this Affembly, becaufe this article hath been long poftponed. 9. To make fute to the Regent and Counfell for remedy againft Mef- fengers and excommunicate perfons. 10. Laft, That order be taken anent the procurers of the Kirk, who procure againft Minifters and Miniftry, and for fifting of Juftice of the Kirks aaions in the feffion. Thir queftions were alfo prefented at this Affembly. If a Bifhop, being eleaed to a great Diocie, may be admitted befide that to the office of Reaory of ane Univerfity or Proveft of a Colledge, or any other like charge, or to bruike any inferior benefice. If controverfy rife upon Doarine, before whom fhall it be treated, where the Bifhops are placed according to the order of the Kirk : Whe ther fhall the Superintendents Jurifdiaion expire or not. If any Abbot may fett his whole Abbacie in prejudice of his fucceffors and of the Miniftry, for the half of the thing it payed before, or otherwife far within the availl. Thir articles were read in the Affembly with the former letter. The Affembly wrote again ane anfwer to Mr Knox thus. We have received your writting, (dear brother in the Lord Jefus,) to gether with certain articles and queftions, the which we have read and diligently confidered, and find the fame both reafonable and Godly ; and therefore we have taine like order as we could for the furtherance thereof, as thir our brethren bearers of this prefent will declare unto you, befeek- ing you to comfort yourfelf in the mercies of God through Jefus Chrift. We think it not meet to trouble you prefently with long letter, feing our minds are all bent (as we believe) to fett fordward the felf fame caufe, which our God hath putt into our hands, to the advancement of his glory 2i 250 THE BOOKE OF THE 1572. and comfort of his Kirk through Jefus Chrift ; to whofe proteaion we committ you. Of Perth the 10 of Auguft 1572. Your brethren and fellow members in Jefus Chrift, Me John Winrame. Bishop of Cathnes. David Lindsay. John Areskine. Robert Pont. John Spotswood. C.J John Row. [Apud Edinburgh tertio die menfis Oaobris, anno Domini jro vc ixxjj. Forfamekle as be fupplicatioun it is humblie menit and exponit to my Lord Regentis Grace and Lordis of the Kingis Maiefties Privie Counfall, be the Baronnis, Gentilmen and vtheris profeffouris of Chriftis Evangell, prefentlie convenit in Edinburgh, That in refpea of the grit murtheris, and mair then beiftlie crewelteis, vfit and put in executioun in diuerfe partis of Europe agains the trew Chriftianis within the fame, proceidit no doubt out of that vnhappy, devillifhe and terrible Counfall of Trent, and intendit not only to be execute in foreyn cuntreis quhair ayther thair power or treffoun may avale, but alfua intendit to be profequute and fol lowit furth with the like or gretar creweltie (gif it war poffible) aganis the trew Chriftianis heir in this realme of Scotland, and ower all quhair ellis quhair ever Chriftis Evangell is fincerlie profeffit, maift humblie requyring the apparent danger to be foirfene and providit for, willinglie offering thame felffis and all that thay haif to the furtherance of the fame ; quhair- throw the wickit interpryfes and diuifes of the malicious and bludy papiftis 1572. UNIVERSALL KIRK OF SCOTLAND. 251 and childrene of this warld (quhilkis in thair kynde ar mair bufy and fub- till nor the childrene of God) may with Godis help be preventit and re- fiftit : My Lord Regentis Grace and Lordis foirfaidis, confidering the equitie and neceffitie of the faid fupplicatioun, ordanis letters to be direa, chargeing all and findrie oure Souerane Lordis fubieais, profeffouris of Chriftis Evangell, of all the reformit kirkis within this realme, be oppin proclamatioun at the mercat croces of the heid burrowis of the fame, in the paroche kirkis and vtheris places neidfull, That thay, and every particular kirk be thame felff, fend and direa thair Commiffioneris fufficientlie autho- rizit ane or ma, according to the qualitie and quantitie of the perfonis and rowme, to the Burgh of Edinburgh, or quhair my Lord Regentis Grace falbe for the tyme, the twentie day of Oaober inftant, to confult, aduife and deliberat vpoun fie materis and overtures as may be proponit to my Lord Regentis Grace, and oure Souerane Lordis Privie Counfall foirfaid, tending to the preventing, refilling and mutuall defence of the profeffouris of Chriftis Evangell within this realme, fra the furious rage and lawlis creweltie of the bludy and treffonable papiftis, executouris of the decreis of the faid devillifhe and terrible Counfall of Trent ; and in fie thingis fur ther as may advance Godis glorie and trew religioun foirfaid, as everie re formit kirk will thairby declair thair ernift and chriftiane affeaioun to the fame, in fa prefent perrell and commoun danger : grantand alfua full li bertie, licence, proteaioun and affurance to all Commiffioneris of kirkis, quhair evir thay dwell in ony partis of this realme, howfoeuir, in tyme by- gane, thay haue bene inobedient to his Hienes authoritie, That thay may faulflie and frelie hant and refort and cum to the day and place appointit, and thair remane during the tyme of the Conventioun to be kepit for this purpofe ; quhair alfua thay falbe admittit to haue frie fpeche and vote, and to returne at thair plefoure to thair dwelling places, without flop, trouble, arreift, fearche or impediment to be maid to thame in bodyis or gudis, for the fpace of fyvetene dayis eftir the faid twentie day of Oaober, including alfua the tyme of thair travell preceding the faid twentie day : Certifeing all fie as fall require particular licences and affurances for this effea, that, vpoun thair defyre, the fame falbe grantit to thame ; commanding all our Souerane Lordis officiaris, liegis and fubdittis, That nane of thame tak vpoun hand to violat this prefent licence, proteaioun and affurance, under all hieft pane, charge and offence, that thay and euery ane of thame may commit and inrin aganis his Maieftie in that part. Reg. Sec. Cone] 252 THE BOOKE OF THE 1572. [The Heads and Articles which are to be proponed in the name of the Minifters, Barons, and Commiffioners of Kirks, to the Re gents Grace, Nobility and Counfell. The Affemblie of the Kirk convenit at Edinburgh, the 20 of Oaober 1572, according to the Proclamatioun, Firft, hes thocht expedient in fa far as this prefent Conventioun is inftitute to provyd remeid aganis the treffonable crweltie of the papiftis, and to refift the famyne, to mitigat the wrath and indignatioun of God, quhairby thaj ar fteirit vp aganis ws for our finnis, Thair falbe ane publia humiliatioun of all thame that feiris God and profeffis his trew religioun, with publia prayer and fafting throchout this haill realme, to begin the xxiij day of Nouember nixt to cum, and to end the laft day of the faid moneth : And to the effea, that thaj quha ar notorious offendaris and publick flanderers of the Kirk may be brocht to amendment of lyff, or els be excludit furth of the Societie of the faith full, It is thocht expedient, that betuixt this and the xxiij day of Nouem ber, in all provincis and paroche kirks quhair the ordour of difcipline is, the Superintendants, Commiffionars of cuntries, Miniftaris and Eldaris, fall call befoir thame at appointit dayes all notorious offendaris within thair jurifdiaionis, fie as murthoreris and affiftaris of murthoreris, adulteraris, furnicatouris, roberis of the patrimonie of the Kirk, or vther menis poffef- fiouns, and ficlyk vtheris criminal perfonis in all eftaitts, beginand at the Minifterie and Nobilitie, and fa proceiding to all vtheris, that wickit- nes and fuch hynous crymes that offendis the majeftie of God, may be purgit furth of this cuntrie. And fpeciallie, that it may be knowin that Miniftaris quha aucht be good exempel, alfueill be doarine as lyff, to pro- vok vtheris to godlie converfatioun, be not exemit, bot rather firft tryit, it is thocht neceffar, that all Superintendants and Commiffionaris of cun tries tak diligent inquifitioun of the lyfe of all Miniftaris, Exhortaris and Reidaris, and quhat faltis falbe fund, feveir correaione to follow thair- vpone, according to the natur of the cryme. And in caice Miniftaris fould appear to conceall thair awin imperfeaionis, that all men be requyrit to declair to the Superintendantis and the Commiffionaris the vyces that thaj knaw to be in thame : And in lykwayes, becaus in the reforma tioun of the Nobilitie confiftis the chieff exampill of the haill cuntrie, we crave nocht onlie a general reformatioun of fuch imperfeaiouns as ar in 1572. UNIVERSALL KIRK OF SCOTLAND. 253 thame, but als that fuch vycis as in particular falbe gevin in to thame be amendit ; fie as that thaj be reformit in the wrangous vfing of the patri monie of the Kirk, applying the fame to their particular vfe, to the great hurt of the Minifterie, the Scullis and Poore : And that the Commonis may be eafed be thame, baith in paying of their teinds and vtheris dew- ties, in refpea of thair great pouertie ; and that thaj may amend thair great negligence in tymes paft in puneiffing of vyces, throchout this haill realme, ficlyk as inceft, adulterie, bloodfcheding, and forcerie, &c. ; and that thair may be notabill perfonis deput with commiffions for that effea to execute the fame ; and that fie as haue reffauit commiffion alreadie, to be chargit to proceid thairin : And that the aais of Parliament and Counfaillis maid aganis the brekaris of the Sabbath day may be likewife execute. Onto the quhilk heids contenit in this article we defyre my Lord Regents Grace and Counfell to aggrie, and to authorife the fame. Secundlie, As concernyng the papiftis that be in this cuntrie git re- manyng, That thaj without all exceptionis of perfonis, grit or fmall, falbe chargit alfueill be the Counfall as Minifterie, to compeir at eertane dayes, as falbe appoyntit, before fuch as the Kirk and Counfell fliall ap point to giue confeffioun of thair faith, according to the aas of Parlia ment; and fuch as have nocht recantit, to mak thair publia recanta- tionis ; and thaj that are excommunicat for that caus, to vnderly fie in- junaiouns as falbe laid to thair charge ; and gif any of thame failzies heirin, their haill guids and geir to be confifcat, and thame felffis banift off the cuntrie ; and thaj that ar beneficed perfonis, thair benefices to vaik, and to be difponit to qualifeit perfonis ; and if thaj (being de- cernit to be banift) be fundin heirefter in the cuntrie, it falbe lefum to all the fubjeais in this realme to invaid thame and euerie ane of thame to the deith, as enemies to God, the King, the Kirk, and the commoun weill of the realme ; and that fie as be convia be the law alreadie, or may be con- via, be execute with all rigour ; and all vtheris that be excommunicat for ony vther cryme or offence, falbe callit lykwayes to particular dyatis, to fatiffie the Kirk, or els to incure the lyk panis and punifment as is befoir fpecifeit ; and that thaj that refetts and mantenis thame, if after due ad monition they defift not from their company, falbe haldin partakaris with thame, and be comptit in the rank of papiftis, to be punift in femblable maner. And forder, we defyre that the Aa of Parliament be put to execu- 254 THE BOOKE OF THE 1572. tioun, That nane be admittit to publia offices of Counfall, Seffioun, or vtherwayis, that ar knawin to be papiftis, or mantenearis or fauoraris of papiftis : Alfo, becaus thair is Mefs faid in eertane places of this cuntrie, as in auld Abirdene, Dunkeld, Paflay, Eglingtoune, That thair be a fpe ciall day affignit to affemble all the profeffouris of the religione in places nixt adjacent to the boundis quhair the faid Meffis ar vfit, for apprehend ing of the Mefs fayaris ; and alfo the heiraris to vnderly the law : Lyk- wayes, incaifs this prefent diuifioune tak fum aggrement and concord, That nane be comprehendit thairin bot fie as falbe obleift for the manten- ance of the religioun aganis the enemies thairof : Attour, That all fuch perfonis, as haue (fen the Reformatioun began) focht from the Paip billis or benefices, falbe haldin as papiftis, and pvnift thairfoir, conforme to the aa of Parliament ; and that all profeffouris of the religioun having bene fices, and able to preitch, may be chargit to do thair office, feing that it is not reffonable that thaj tak vp the leiving, and remayne ydill. Thirdly, For refifting of the papiftis of forane cuntries, alfweill within as without, that my Lord Regents Grace and Nobilitie fall caus fuch ordour, That ane League and Confederacie be maid with our nychtbouris of Ingland, and vther cuntries reformit and profeffing the trew religioun, that we and thaj be joynit togidder in mutuall amitie and focietie, to fupport euerie ane vther, quhenfoeuer tyme or occafioun fall ferue for mantenance of religioun, and refifting of the enemies thairof: Lykas, That ane folempnit band and aith may be maid be all thame that be pro feffouris of the Evangell within this realme, to joine thamefelffis togidder, and be reddie at all occafiouns for refifting the enemies foirfaids : And gif any beis fund negligent thairin, he falbe haldin for ane falfe broder, and excommunicatioun to proceid aganis him. Pollock M.S. & C] 1572. UNIVERSALL KIRK OF SCOTLAND. 255 A. D. M.D.LXXII. The Generall Affemblie haldin in the Counfell hous of Edinburgh, the 6 day of Marche 1572 : In the quhilk were prefent Barrons, Superintendents, James, Bifchop of St Androes, Commiffioners to plant Kirks, Minifters, Commiffioners of Provinces, Townes, Kirks, Univerfities. David Fergufone, Moderatour. Seflio la' [In the trial of Superintendents and Commiffioners to plant Kirks, John Brand Minifter of Halyrudhoufe compleaned, That the Bifhop of Sana Andrews admitted a Popifh Prieft called Sir John Forret, to minif ter the Sacrament of Baptifme in the Merce in Swinton, to whom the Su perintendent of Lothian had of before given certain injunaions which the faid Prieft had not yet fulfilled. It was generally compleaned, That he had not vifite the Kirks within the bounds of Fife this half year bygane ; and alfo for not preaching fince he was a Bifhop. To the firft he anfwer ed, That the forefaid Prieft recanted all Papiftrie in the Kirk of Sana Andrews ; and thereafter he admitted him to adminifter the Sacrament of Baptifme. The Affembly ordained the faid Popifh Prieft to repair to the Superintendent of Lothian to receive his injunaions ; and in the mean time to be difcharged of all office and funaion in the Kirk. To the fe cond he anfwered, That he preached in every Kirk which he vifite be himfelf at all times, but excufes his not vifitation fince the laft Affembly be reafon of his ficknefs. 256 THE BOOKE OF THE 1572., The Superintendent of Angus and Mernes was accufed, for not making exhortation at the beginning of this Affembly according to the order. He excufed himfelf be reafon of the Sermon made in the Kirk, ended imme diately before, and the advice of fome brethren, who thought it not need- full, yet fubmitted himfelf to the correaion of the Affembly. Mr George Hay, Commiffioner of Aberdeen, was compleaned upon, That he had one benefice in the North, another in the South, and was alfo Commiffioner to plant kirks, of the which charges he could not fuffi ciently difcharge himfelf. He anfwered, That he ferved the cure in the North be himfelf, and hath provided one who fufficiently will difcharge the cure in the benefice in the South ; as to the Commiflionarie, He is content to demitt the fame prefently, if the Affembly think it good. Mr David Lindfay, Commiffioner of Kyle, Caria and Cuninghame, was compleaned upon, That he left his congregation deftitute, the time that he vifited the weft countrey. He anfwered, That the Kirk was fufficiently provided the time of his vifitation : To the Commiflionarie, He is con tent to be difcharged thereof as the Affembly thinketh meet. Mr John Row, Commiffioner of Galloway, was compleaned upon, That he had plurality of benefices, but they knew not how the Kirks were pro vided of preaching. He anfwered, That he had two Viccarages, but reapeth no profite of them ; and withall defired to be difburthened of the Commiflionarie of Galloway. C.J Item, Mafter Johne Row complainit upon for folemnizing the band of matrimonie betuixt the Mafter of Craufurd and the Lord Drummonds Daughter without proclamatioun of bands, and, in lyke manner, out of dew tyme, viz. on a Thurfday at afternoon prayers, anfuerit, That he did nothing bot the command of the Seffioun of his Kirk and my Lord Ruth ven, ane fpeciall ane of the elders of the faid Kirk. The Kirk prefently affemblit ordaines the Act made againft Minifters that marries vther parochiners without proclamation of bands, to have effea and ftrenth agains Mr John Row, [for folemnizing of the forefaid marriage, andj to vnderly the famein dureing the Kirks will. [The Affembly ordained all Superintendents and Commiffioners to plant kirks, to give in their diligence of their vifitations ; and appointed Mr William Clerk, Minifter of Anftruther, Mr Archibald Keith, Minifter of Peterhead, George Scot, Minifter of Kirkaldie, James Anderfone, Minif ter of Beduchie, John Dykes, Minifter of Culros, Robert Fairlie of Braid, 1572, UNIVERSALL KIRK OF SCOTLAND. 257 Patrick Kynninmouth, to conveen before the end of the Affembly ; and what they find in the fame diligences to report to the Affembly. The whole brethren affembled in one voice gave their full commiffion and power to thir brethren underwritten, viz. John Bifhop of Sana An drews, John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winram, Superintendent of Stratherne, Mr Robert Pont, one of the Senators of our Soveraign Lords Seffion, Mr John Row, Mr David Lindfay, Robert Fairlie of Braid, Adam Fullerton, one of the Commiffioners of Edinburgh, to concurr with the Lord Regents Grace and Counfell, or with fo many as his Grace fhall appoint, to reafon with them of fuch heads and articles as fhall be propofed be my Lord Regents Grace and Counfell, or be the Affembly to his Grace, and to conclude thereupon, according to the inftruaions given to them be the Affembly, and to report their conclufions before the end of this Affembly. C.J The Kirk affemblit, for certaine good confiderations moving them, fta tutes and ordaines, That no colleaiouns for the pure be made in the tyme of the miniftratioun of the tabill of the Lord Jefus, nor get in the tyme of the fermouns, heirafter within kirks, bot only at the kirk doores. Seflio 2a- [The Affembly, for certain caufes moving them, continued in the office of Commiflionarie to plant kirks, till the nixt Generall Affembly, the per fons underwritten, Mr George Hay for Aberdeen, Mr Donald Monro for Roffe, Mr David Lindfay for Kyle, Caria and Cunninghame, Mr John Row for Nithifdaill and Galloway, Mr Andrew Hay for Cliddifdaill, Ran- frew and Lennox. ' The Affembly appointeth the Superintendent of Stratherne, Mr Robert Pont, one of the Senators of our Soveraign Lords Colledge of Juftice, Mr John Row, Mr Andrew Hay, and John 'Johnftone, one of the Commif fioners of Edinburgh, to conveen the morne at two hours afternoon, to pen the heads and articles to be prefented to my Lord Regents Grace and Secret Counfell, &c. ; that thereafter they may be read, &c. 2k 258 THE BOOKE OF THE 1572- Seflio 3a- Forfamikle as it is thought that diverfe Minifters and other perfons that have received benefices fince the Reformation, make no refidence at their kirks, nor yet difcharge their office according to the tenor of their admif- fions, for the reformation hereof, C] The Kirk affemblit ftatutes and or daines all Minifters and vther beneficit perfons that hes receivit benefices fince the Reformation, to make refidence at the kirks quher their benefices lyes, and vfe their office according to the tenour of their admiffioun ; and if any beis found to doe in the contrair, that they be callit to particular dyatts befor the Superintendent's or Commiffioners of the provinces quher fick benefices are, to quhom the Kirk gives power to depofe the faids per fons in their vifitations, for none refidence ; and quhatevir anie of the faids Superintendents or Commiffioners happins to doe in the premiffes, to re port to the nixt Affemblie. [The Regent fent to the Affembly the requeft following for Mr Knoxes Wife and Children. Reverend fathers, truftie and well belovits, We greet you heartily well : Seing John Knox, Minifter of the word of God, is now departed this life, after his long and faithfull travells in the Kirk, leaving behind him Mar- gret Steuart his relia, and his three daughters begotten of her, unprovided for ; and feing his deferts merit to be favourably remembred in the help of his pofterity, We will, effeauoufly require, and pray you, to give and conferr to the faid Margret relia and three daughters forefaids the pen fion which the faid unquhill John had of the Kirk in his time, for the nixt year after his deceafe, viz. of the year of God 1573 years, to their educa tion and fupport, extending to five hundreth merks money, two chalders of wheat, fix chalders bear, four chalders oats, to be lifted for that year out of the famine affignations and places that he had it of in his time ; wherein we doubt not but ye fliall doe a work acceptable to God ; and We will alfo receive it in thankfull and good pleafure : Thus we committ you to God. At Edinburgh the 26 day of November 1572, Your affured friend, James Regent, C.J 1572. UNIVERSALL KIRK OF SCOTLAND. Q59 The Affembly remembring the long and fruafull travells made in the Kirk of God be vmquhile John Knox, Minifter of Edinburgh, lately de parted in the mercy of God, leaving behind him Margret Stewart his relia and his three daughters gotten on her unprovided for, and feing his long travells and deferts merites to be favourablie remembrit in his pofteritie, being alfo required moft earneftly thereto be my Lord Regents Grace, as his letters direcl thereupon bear, have granted and confented to give, and be the tenor hereof grants, gives, confents and difpones to the faid Mar gret relia, and her three daughters of the faid vmquhile John, the penfion which he himfelf had in his time of the Kirk, and that for the geir nixt approachand and following his deceis, viz. of the geir of God 1573 geiris, to their educatioun and fupport, extending to five hundreth masks money, tua chalder wheit, fax chalder beir, four chalder aittis, to be uplifted for that year allanerly out of the famine affignations and places that he had it in his time ; and therefore requires, and in the name of God defires, the Lords of Counfell and Seffion to grant and give letters, at the inftance of the faid relia and bairns of the laid unquhill John Knox, to caufe them be anfwered, obeyed and payed of the faid penfion of the year forfaid, in the fame form, and better if need be, as was granted to himfelf in his time. C. & B.J [Richard Bannatyne Servitor to unquhill Mr Knox prefented the fup plication following. Unto your Wifdoms humbly means and ffiews I your Servitor Richard Bannatyne fervant to your unquhill moft deareft brother [John KnoxJ of worthy memory, That where it is not unknowen to your Wifdoms that he left to the Kirk and town of Edinburgh his hiftory, containing in effea the beginning and progrefs of Chrifls true religion, now of Gods great mercy eftablifhed in this realme, wherein he hath continued and perfeaiy ended at the year of God 1564 ; fo that of things done fenfyne nothing be him is putt in that form and order, as he hath done the former ; yet not thelefs there are certain fcrolls, papers and minutes of things, left to me be him to ufe at my pleafure, whereof a part were written and fubfcrived with his own hand, and another be mine at his command, which, if they were col- leaed and gathered together, would make fufficient declaration of the principall things that have occurred, fince the ending of his former hiftory 260 THE BOOKE OF THE 1572. at the year forfaid, and fo ffiould ferve for ftuff and matter to any of underftanding and ability in that kind of exercife, that would apply them felves to make a hiftory even to the day of his death : But forfamikle as the faids fcrolls are fo untacked and mixed together, that if they fhould come in any hands not ufed nor accuftomed with the fame, as I have been, ffiould altogether lofe and perifh ; and feing alfo I am not able, upon my own cofts and expences, to apply myfelf and fpend my time to putt them in order, which would confume a very long time ; much lefs am I able to write them, and put them in Regifter as they require to be, without your Wifdoms make fome provifion for the fame ; wherefore I moft humbly requeft your Wifdoms that I may have fome reafonable penfion appointed to me be your Wifdoms difcretion, that thereby I may be more able to awaitt and attend upon the famine, leaft that thefe things done be that Servant of God, who was dear unto you all, fhould perifh and decay, which they fhall doe indeed, if they be not putt in Regifter, which I will doe willingly, if your Wifdoms would provide as faid is. And your Wif doms anfwer, &c. C.J The Kirk [accepted the faid Richards offer, andj requeiftit the Kirk of Edinburgh to provide and appoint fome learnit men to fupport Richard Bannatyne to put Johne Knox Hiftory, that now is in fcrollis and papers, in good forme [with aid of the faid RichardJ ; and, becaufe he is not abill to awaite therupon upon his awin expenffis, appoints to him the fowne of xl lb. to be payit off the lxxij geirs crop, [be the colleaors underwritten, viz. the Colleaor of Lothian, Fife, Angus, and the Weil, Galloway and Murrey, and every one of them to pay fix pound thritteen ihilling four pennies off the faid crop ; and it fhall be allowed to them at compt, bring ing the faid Richards acquittance thereupon. Seflio 4°> For the more heaftie difpatching of complaints, requefts and queftions, were appointed the brethren underwritten, viz. William Chriftefone, Mi nifter of Dundie, Mr James Balfour, Minifter of Guthrie, Mr Robert Hammilton of Sana Andrews, Mr John Young of Irving, Mr William Clerk of Anftruther, Mr James Greg of Commonell and David Ramfay of Cleifti, Minifters refpeaive, to conveen inftantly in any place where 1572. UNIVERSALL KIRK OF SCOTLAND. 261 they pleafe, and read the faids complaints, requefts and queftions, and give anfwer to the famine ; and what they find difficill, to fend it again to the whole Affembly. Seflio 5a- The Affembly ordaineth every Superintendent and Commiffioner to plant kirks, That they appoint Minifters, exhorters and readers to moe kirks then one according to the neceffity of congregations and rarity of Minifters, as the Superintendents and Commiffioners forfaids ffiall think meet and convenient, as they will anfwer to the complaints of the congre gations, which hereafter fhall have juft caufe to lament to the Generall Affembly. Seflio 6a- The Seffion of the Kirk of Edinburgh requefted the Affembly to appoint one of the Minifters underwritten to be joined with Mr James Lowfon already placed, to wit, David Fergufone, John Braid, George Scot, now Minifters of Dumfermline, Halyrudhoufe and Kirkaldie, The Affembly giveth commiffion to their loving brethren, John Bifhop of Sana Andrews, John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Spotfwood, Superintendent of Lothian, Mr John Winrame, Su perintendent of Stratherne, with advice of the Seffion of the Kirk of Edin burgh, to choofe one of the forenamed, or otherwife fatiffy the defire of the faid Kirk of Edinburgh : and ficklike another for the Kirk of Jedburgh ; and whomfoever they fhall happen to choofe, the Affembly fhall caufe him enter, and this to be done before they depart out of this town. The Affembly, for certain caufes moving them, difcharge Alexander called Bifchop of Galloway to ufe any funaion within the Kirk of God, till they be farther advifed ; and ordaineth Mr John Row, Commiffioner of Gal loway, to fummon the faid Alexander, To compear before the next Gene rall Affembly to anfwer to fuch things as fhall be laid to his charge, under the pain of Excommunication, &c. The Affembly ordaineth the Superintendent of Strathern to pafs to 262 THE BOOKE OF THE 1572. Sana Johnftoun and take order with Mr John Row and the Seffion of that Kirk, for the Solemnizing of the marriage betwixt the Mafter of Crau- ford and the Lord Drummonds daughter ; and to report the order he fliall happen to take therein to the nixt General Affembly. C.J Ordains all and fundrie Superintendents and Commiffioners to plant kirks, To proceid fummarlie to excommunication againft all Papifts within their provinces, and that within eight dayes after they be admonifhit to joyne themfelves to the religion prefentlie eftablifhit within this realme, be hearing of the word of God, participating of the facraments, fubfcrive and give their aith according to the Aa of Parliament, and Aas aggriet on betwixt my Lord Regents Grace and Secreit Counfell and the Kirk, [and if any ffiall refufe to proceed, &c. P.J [Forfamikle as my Lord Regent defires to fee the Aas of the Generall Affembly heretofore holden, and to fee how many of them be perpecuall, and how many temporal], the Affembly agreeth therewith, and for that purpofe appointeth their brethren, Mr John Spotfwood, Superintendent of Lothian, Mr Robert Pont, one of the Senators of our Soveraign Lords Colledge of Juftice, Mr David Lindfay, Mr James Lowfon, Mr Clement Little, Advocate, and John Brand, Minifters of Leith, Edinburgh and Halyrudhoufe reipeaive, to conveen with my Lord Regents Grace and Secret Counfell, to overfee the Aas of the General Affembly according to my Lord Regents Graces defire. The Affembly ordaineth my Lord Argiles procefs againft Jean Stewart his fpouf'e, to be confidered and fighted be the Seffion of the Kirk of Halyrud houfe, with advice of the Superintendent of Lothian ; and if it be fufficiently and lawfully proceeded, that the faid Superintendent direa his letters to the Minifter of Halyrudhoufe, charging him to proceed to excommunication againft her, and that the faid excommunication be publiffied in the kirks of Edinburgh and Leith be the Minifters of the faids kirks. Anent the difficulty of the queftion of divorcement betwixt my Lord Argile and Jean Stewart his fpoufe, the Affembly appointed MrRobertPont, one of the Senators of our Soveraign Lords College of Juftice and Minifter of Gods word, Mr David Lindfay of Leith, Mr James Lowfon of Edin burgh, Mr Clement Little, Advocate, and Alexander Arbuthnet, Principall of the Colledge of Aberdeen, Mr John Row, Minifter of Perth, Mr John Craig, Minifter of Gods word, Mr Robert Hammilton, Minifter of Sana Andrews, that they or any five of them convene with fuch perfons as my 1572. UNIVERSALL KIRK OF SCOTLAND. 263 Lord Argile fliall appoint to reafon the faid queftion of divorcement, and that the faid brethren conveen the nixt day after the diffolving of this Af fembly : and the queftion being reafoned and brought to ane head wherein doubt ftandeth, wherein the faid brethren cannot then inftantly give refo- lute anfwer, that the famine head be penned in proper terms, which my faid Lord fhall fend to fuch reformed Kirks as ffiall be named be the forfaids brethren, upon his Lordfhips own expenfes ; whofe refolution being au thentically obtained, the Affembly promifeth to give to his Lordfhip their declaration conforme thereto. Seflio 7a- Forfamickle as fundry Superintendents and Commiffioners to plant kirks, come not to the Affembly the firft day, wherethrough fundry matters are undone, which might be fped and difpatched ; and alfo other fome depart before the diffolving of the fame, wherethrough fundry matters are unre- folved for laike of fufficient number : For efchewing of the premiffes and for eftabling of better order in time to come, C] It is ftatute and ordain it be univerfall ordour of this Affemblie, That all Bifchops, Superintendents and Commiffioners to plant kirks prefent themfelves in every Generall Affembly that heirafter fall be haldin, the firft day of the Affemblie before noone ; and that they remaine quhill the end of the fame, under the paine of the tinfell of ane halfe of their ftipend for ane geir, and not- thelefs to ferve in the mean tyme of the wanting of the faid portion of the ftipend. [Anent the hearing of the colleaors compts at the Chekker, at what time my Lord Regents Grace fhall appoint the famine to begin, The Af fembly appointeth John Bifhop of Sana Andrews, John Arefkine of Dun Knight, Superintendent of Angus and Mernes, Mr John Spotfwood, Su perintendent of Lothian, Mr John Winrame of Stratherne, Mr John Row, Commiffioner of* Galloway, Mr Andrew Hay Commiffioner of the Weft! Mr George Hay Commiffioner of Aberdeen, Mr David Lindfay, Commif fioner of Kyle, Caria and Cunninghame, Mr Donald Monro of Roffe, Mr Robert Pont of Murrey, Commiffioners refpedtive, to conveen the faid time to be appointed as faid is, to hear the faids colleaors compts, with the reft of the Lords of our Soveraign Lords Chekker, allow and approve, or dif- 264 THE BOOKE OF THE 1572. allow according to their wifdom and confcience, and after the faid compts fhall be made, to fubfcrive the fame according to the order taken, &c. Touching the complaint given in be Mr Robert Scot againft Mr John Winrame, Superintendent of Stratherne, for refuting to give him his letters teftimonials of the Vicarage of Strathmiglo, and for not admitting him to be reader in the faid kirk, conform to my Lord Regents Graces prefentation, The Affembly findeth the faid fuperintendent to have done wrong, in re futing the faid letters teftimonials conform to the prefentation forfaid, and giveth full power and commiffion to the Minifters, elders and deacons of the congregation of Sana Andrews, to take cognition, decide and conclude upon the whole reft of the faid Roberts complaints yet undecided, vocatis ad haec quorum intereft, and is to be done betwixt this and the nixt Ge nerall Affembly ; and to report their proceedings to the fame, as in the former Aa. C.J Anent my Lord Regents Graces defyre tuiching [the placing] of fome of the learnit Minifters to be Senatours in the Colledge of Juftice, The haill Kirk prefentlie affemblit having at length reafonit, Whether a Minif ter were able to difcharge himfelfe of both the vocations, votit throughout, That nane was able or apt to beare the faids twa charges, and therfor in hibits that any Minifter occupying the vocatioun of the Miniftrie take upon him to be a Senatour ; Mr Robert Pont only excepted, who is already placit with [advice andj confent of the Kirk. [John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, in refpea the whole Diocie of Sana Andrews is decerned be the Affembly to pertain to the Bifhop of the fame, protefted, That he be no more burthen ed with any vifitation in thefe bounds pertaining to the faid Bifhoprick ; and in like manner, pertaining to the bounds within the Bifhoprick of Dun- keld, how fbon any Bifhop fhall be provided thereto. In like manner, Mr John Spotfwood, Superintendent of Lothian, proteft ed, ut fupra. The Affembly referred to the Commiffioners appointed to reafon with my Lord Regents Grace and Secret Counfell, to take order anent thefe proteftations with his Grace and Counfell, and what they doe, to report to the next Affembly. Ordaineth the Commiffioners already appointed to conferr with my Lord Regents Grace and Secret Counfell, to continue in commiffion before given, and it to ftand in the fame force and effea as is contained therein ; and 1572. UNIVERSALL KIRK OF SCOTLAND. 265 moreover to conferr with the Lords of Articles of Parliament, if any fhall be holden in the meane time, till the nixt Generall Affembly ; and to re port then the heads concluded on be them, to the effea that they may be infert in the Regifter among the reft of the Aas. Item giveth commiffion to the forfaid Commiffioners to choofe a collec tor for the province of Aberdeen, with advice of the Minifters of the faid province ; which advice and opinion the Affembly ordains the faids Mi nifters to fend to the forfaid Commiffioners betwixt and the 24 of Aprile nixt to come. The brethren appointed to decide queftions and complaints reported the famine anfwered. C.J [Articles and conditions prefented be the Superintendent of Lowthiane and Minifters within his Jurifdiaion, penned and fubfcrived be them in their Synodall Convention holden at Edinburgh, the 6 day of Oaober : The tenor whereof followeth. In primis, The brethren of the forfaid Convention craved, That a copie of the Aas of the Generall Affemblie be given to every Exercife, to the end that every Minifter may have knowledge what order to obferve in their proceedings, for it is moft certain, that through ignorance of the fore saids aas many faults are committed which otherwife would not be done. Secondly, It is craved be the brethren, That fick matters as falls out betuixt the Synodall Conventiouns and Generall Affemblies falbe headed and notit at every Exercife, 20 dayes befor the Generall Affemblie, that the brethren may be ripely advifed with the famine, where through many things may be ended, which through laike of advifement fuffer delay from Affembly to Aflembly ; at the which time it is craved, that the bre thren have their places in voting, and that no brethren be defrauded there of, That the weighty matters of the Kirk be not concluded be a few, as often times they are withput knowiedge or confent of the brethren. C.& B. J Thirdly, That fick matters as are referrit to the Generall Affemblie be the Particular, be pennit be the Superintendents Clerk, and faithfully re ported to the Generall Affembly be the faid Superintendent. Fourthly, That the Generall Affembly be frequent with the Nobilitie and Barronis, as weill as Minifters, that the face of the Affembly may be had in reverence as in foir tymes. 2 L 266 THE BOOKE OF THE 1572. [Fiftly, It is required, That the whole rents, as well viaualls as of money within' the Colleaorie of Lothian, be made known to all the bre thren in thefe bounds, what is received thereof, and how it is difponed ; and for this purpofe, that the brethren of all parts be chofen at the Syno dall convention to hear the colleaors compts, as well of the refts of the former colleaor, as alfo fince his own entry : Alfo, That the injunaions given to the coUedlor may be read every Synodall convention, and trial tane how they are obeyed, but fpecially concerning the affignation of vic tualls to Minifters on the Kirks procefs ; and that the colleaor according to the liberty granted to every Synodall convention may be alone dif charged. Sixtly, That the colleaors officers charge for repairing of Kirks. Seventhly, That all minifters may have affignation of their ftipends. Eightly, That the extraas of the Superintendents office regiftred in the Book of Difcipline, may be given to the Minifter of every province, to the end that the Superintendents may be tryed thereby, and as that they are found dilligent, to be continued or changed. Nintly, That the procurators of the Kirk may be examined, Why they are fo flack and negligent in the Kirks matters. C.J Tently, That lick Minifters as hes not quherwith to buy bookes, may have booke's loufit to them be the colleaour, and to allow the pryces therof in their ftipends. [The Articles were fubfcrived as followeth, William Harlaw, Andrew Simfone, Matthew Liddell, Mr Adam Letham, Mr William Strang, Thomas Lichton, Patrick Gilefpie, William Knox, Mr George Ramfay, David Hume, John Spotfwood, Michael Bonkle, Mr Walter Ballingall, David Lindfay, Andrew Simfone, William Lamb, Adam Johnftone, John Clapperton, Mr Thomas Makgie, Thomas Daill, Mr James Carmichall, Richard Fleming, George Thomfone, William Sanderfon. The Kirk approves and ratifies all the forfaid articles as neceffar and profitable. C.J 1572. UNIVERSALL KIRK OF SCOTLAND. 267 Queltio. It is afked if it be not very good and neceffar for the Kirk, That Bifchops, Superintendents and Commiffionars purchafe generall let ters without delay, commanding all men to frequent preaching and prayers, according to the ordour receivit in their congregations ; and alfo to charge the Magiftrate to put the aas concerning the obfervance thereof, as weill grantit be Parliament, as frielie with uniform confent the congre gations hes condefcendit vpon, and for execution of difcipline and punifch- ing of vyces ; and the famine to be putt in full execution and praaice. Anfwer. It is thought moft reafonable and expedient ; and burtheneth Bifhops, Superintendents and Commiffioners to purchafe generall letters without delay to the fame effea. C. & B.J [Q. What order fhall be taken with them, that being admonifhed and making publick repentance for adultery, falleth again in the fame crime. A. Refer to the Aa of Parliament. C.J [Q. If any man leave his wyfe and paffe out of the countrey, and taries away the fpace of fevin geirs, and marries another woman in a ftrange country ; and elfe his firft wyfe be married upon another man in his ab fence, Whither is the woman that marrieth before the returning of her hufband guilty of adultery. A. Both are adulterers, unleffe the fentence of divorcement had bein pronouncit be the Judge. C. & B. J [Q. Whither it be neceffar, That the names of excommunicants be pub liffied in all the reformed Kirks of that province and diocie where the ex- communicants dwell, that no man pretend ignorance, and fo haunt their company through ignorance. A. Refers to the aas of the Kirk made already thereanent. Q. Whither be the word of God in New and Old Teftament it is law- full, That the two charges of funaion, to wit, the fpeciall adminiftration of the Word and Sacraments, and the miniftration of the Criminail and the Civill Juftice in Judgement, be confounded, fo that one perfon may occupy both cures. C.J A. It is neither aggrieable to the Word of God nor to the praaife of the primitive Kirk, That the fpeciall adminiftratioun of the Word and Sacraments, and the miniftration of the Criminail and Civill Juftice be fo confoundit, that ane perfon may occupie both the cures. 268 THE BOOKE OF THE 1572. [Whither it be leafom be the word of God and good order received, That fuch as are promoved to the facred vocation of the Miniftry may leave the vocation, no fault or impediment lawfull being in them. A. Re fers to the anfwer already given be the Generall Affembly, as the aa thereanent proports. Q. Whither if a Minifter having hundreth merks or hundreth pounds of benefice, fhould have his ftipend augmented or not. A. The Ordinar ought herein to take order according to his ability that requireth the benefice. Q. What ffiall be done to the Minifter that is provided to a benefice and will not perfhew the famine, but lofeth it for fault of perfute. A. Ca veat Emptor. Q. Whither if ane Abbot, Prior, or other beneficed man may fet the aflumed thrid of his benefice in few, or long tacks, or not. A. Refers to the aas of the Generall Affembly. Q. In refpea of the aa of Parliament and ordinance craving every Minifters refidence ; the Minifter and reader both making refidence at one kirk, having but one gleeb, Whither fhall the Minifter or reader be eafed with the gleeb. A. The Affembly thinks, that the Superintendent fhould take fuch order, as that the Minifters be eafed in fpeciall. C.J 1573. UNIVERSALL KIRK OF SCOTLAND. 269 A.D. M.D.LXXIII. The Generall Afl'emblie begun and haldin [in the TolboothJ at Edinburgh the 6 day of Auguft 1573 : In the quhilk were pre fent the Erles, Lords, Barrons, Bifchops, Superintendents, Com miffioners to plant kirks, Commiffioners of Provinces, Townes and Kirks, with the Minifters. Mr Alexander Arbuthnot was chofen Moderatour. [It was voted firft, That the place of this Affembly ffiould be as fuffi cient as if it were holden in Dundie. C.J Seflio la- Becaufe it is underftand that certaine of the Nobilitie of this realme and Secreit Counfell are to repare to this Affembly, therefor the haill brethren ordaines, That the haill Nobilitie and Counfell, with Commiffioners of Provinces, Townes and Kirks, having power to vote, fall fitt within the barre of the faid over Tolbuith ; and all vthers without the fame. [In the trial of Superintendents and Commiffioners, Mr John Douglafs Bifhop of Sana Andrews was accufed for giving collation of the benefice of Pitcols, which was before given to a Minifter, to Mr George Lawder who had three other benefices, preached not, and was fufpea of Papiftry ; that John Wemes of Brunteland enterteined a Dutch woman as his wife, his own wife undivorced, and no order taken with him ; Mr Magnus 270 THE BOOKE OF THE 1573. Haleio excommunicate long fince for adultery and haunting the company of Steuart, is not taken order with. Item, That he vifeteth be others and not be himfelf, and through his default, the Exercife of Sana Andrews is like to decay ; that fuch as have offended in Lothian he re ceiveth in Sana Andrews ; and admitteth fome to funaion in the Kirk, unable and untried, chiefly fuch as come out of Lothian and Merce. To the firft he anfwered, That he knew not that Mr George Lawder had moe benefices then one, and farther he injoined him to haunt the Univerfity of Sana Andrews for a feafon, or the Exercife of Dumbar : As to the fecond, He remitted him to his book of vifitation : As to the thrid, Re- mitteth to the procefs againft Mr Magnus : As to the fourth, Becaufe of the rarity of people now" in time of harveft, it is fuperceded till his re turning. Mr James Paton, Bifhop of Dunkeld, was delated, That he had re ceived the name of a Bifhop, but they had not heard that he had ufed the office of a Bifhop within his bounds : Anfwered, That he had lately re ceived that Bifhoprick, and that there was a Superintendent continued in that bounds till this Affembly. He was accufed likewife, That he had not proceeded againft Papifts, and chiefly againft the Earle of Atholl and di verfe others within his bounds : That he was fufpea of Simonie com mitted betwixt him and the Earle of Argill, anent the profite of the Bi fhoprick ; and fufpeaed of perjury in receiving of the faid Bifhoprick, be caufe he giveth acquittances, and the Earle receiveth the Silver of the faid Bifhoprick. Item, For voting in Parliament anent the Aa of Divorce ment lately made in prejudice of the Affembly, who had fufpended their Judgement in this matter till farther advifement, according to the Act of the laft Affembly. Seflio 2a' Mr George Hay, Commiffioner of Aberdeen, was accufed upon fundry heads, and he was ordained to make anfwer in writt this day afternoon. Mr Robert Pont, Commiffioner of Murrey, was accufed, That he made no refidence in that countrey, and that he vifite not the kirks of the fame the two years bygane, except Invernefs, Elgine and Forrefs, nor had ap pointed manfes and gleebs according to the Aa of Parliament : Anfwered, 1573. UNIVERSALL KIRK OF SCOTLAND. 271 He had no leafure to doe the forfaids, becaufe it behoved him to return before the laft of June. C.J [The Affembly appointed John Durie, one of the Minifters of Edin burgh, David Hume, Minifter of Aldhamftocks, Mr Roger Gordon of Quhitterne, Mr Peter Primrofe of Mauchlin, Mr David Cunninghame of Monklane, Mr John Keith of Duffus, Mr Archibald Keith, Mr James Melvill, Alexander Keith, Thomas Morifone, Alexander Young and Peter Watfon, to vifite the books of vifitations of Bifhops, Superintendents and Commiffioners to plant kirks, and to report what they find before the nixt Affembly. C. & B.J [The Affembly giveth full power and commiffion to their loving brethren, John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winrame, Superintendent of Stratherne, Mr Robert Pont, Com miffioner of Murrey, and one of the Senators of the Colledge of Juftice, Mr John Row, Commiffioner of Galloway and Nithifdaill, Robert Fairlie of Braid, Thomas Scot of Abbotfhall, James Johnfton of Elphinfton, Adam Fullerton, Mr David Cock, David Marr and Robert Red, Commiffioners of Edinburgh, Sana Andrews, Aberdeen and Dundie refpeaive, to con- curr with my Lord Regents Grace and Lords of Secret Counfell, confer and reafon upon fuch heads and articles as fhall be proponed be his Grace and Counfell forfaid, and to receive anfwer to the articles and heads which are to be proponed be the Kirk to his Grace, and to report their con ference and reafoning to the Affembly, before the diffolving. thereof, that conclufion may be had therein. Seflio 3a- The Colleaors of the thrids were called to fhew their diligences anent the horners, and to give up their names to their Bifhops, Superintendents, and Commiffioners, what time they fhall be required thereto be them. Forfamikle as the Commiffioners fent to my Lord Regents Grace, fhould reafon and confer according to the injunaions to be given to them be the Affembly, and articles, the Affembly appointeth Mr Clement Little, Advocate, Mr David Lindfay, Mr George Hay and William Chriftefone, to frame the heads and articles, which are to be proponed for the Kirk to 272 THE BOOKE OF THE 1573" his Grace and Counfell, and to fend the famine to the brethren Commif fioners that are prefently with his Grace and Secret Counfell. C.J Touching them that receives excommunicants and ordour taking there- anent, The haill Kirk prefentlie affemblit ordaines all Bifchops, Superin tendents and Commiffioners to plant kirks, and Minifters of particular kirks, to proceed to excommunication aganis all receivers of excommunicat perfons, if after due admonition the receivers rebell and beis difobedient, according to the ordour conteinit in the Book of Excommunication ; and quhofoever knawand and get receives and intertaines excommunicat per fons, albeit he defift after admonitioun, yet fall he underly the difcipline of the Kirk, be making of publick repentance, except fick as are exceptit of the Law. And to the effea that none pretend ignorance of the faids excommuni cat perfons, the Kirk ordaines [and ftatutes J, All Bifchops, Superintend ents and Commiffioners in their Synodall conventions, fall take up in roll the names of the excommunicats within thair Jurifdiaiouns, and bring thair names to the Generall Affemblies, to be publifchit to vthers Bifchops, Superintendents and Commiffioners, that they be thair Minifters in their provinces may divulgat the famein in their haill countreyes quher the ex communicats hants. [The Affembly appointeth their loving brethren, Mr Gilbert Gardin, Mr John Craig, Mr Robert Hammilton, David Fergufon, George Scot, Patrick Kinnynmouth and James Meldrum, or any five of them, to con veen in the Inner Tolbooth afternoon, to give anfwer to queftions and complaints, and what they find difficill, to fend it to the Affembly for re ceiving refolution and anfwer. Seflio 4a- The Minifters, elders and deacons of the kirk of Mauchline, complained upon Mr John Hammilton, fon to unquhill Sir William Hammilton of Sanquhar, David Blair of Munckton, William Dumbare of Tarbolton, John Dumbar of Barr, Mr Hugh Farquhar in Crapton, Patrick Hamilton of Lynnerhauch, and Patrick Reid, brother to William Reid in Garfoll, That upon the thrid of Auguft laft by paft, being the day of their Com munion, and they fitting afternoon in their Seffion, they accompanyed with 1573. UNIVERSALL KIRK OF SCOTLAND. 273 200 perfons or thereby, brought with them the corps of the faid unquhill Sir William, brake the doors of the kirk being clofed, while they were occupied in the Seffion anent the affairs of the Kirk, brought in the faid corps, overthrew and brake down their table boords, whereupon the bleffed Sacrament was miniftred the fame day, and in place thereof buried the faid corps, notwithftanding the faid Sir William was, at the time of his departure, a parochiner of another paroich ; fo that it behoved them to rife from the Seffion, to depart out of the church, and give place to their rage and fury. The faid perfons being fummoned be Mr David Lindfay, Commiffioner of Kyle, Caria and Cunninghame, often called and not compearing, the Af fembly ordained to caufe fummone them to the nixt Generall Affembly, to compear under the pain of excommunication, and that the Minifters of their paroiches or kirks where they dwell, fummone them from pulpit to compear as faid is ; not the lefs the Affembly giveth power to the Commif fioner of that province, to receive any of faid perfons that willingly in the mean time offereth themfelves to publick repentance for the faid fault, according to the faid Commiffioners difcretion. Alexander Bifhop of Galloway was fummoned be Mr John Row, Com miffioner of Galloway, to compear before the Affembly. He compeared. Certain heads and accufations were given in againft him be the Super intendent of Lothian, the Kirks of Edinburgh, Halyrudhoufe and Sana Cuthbert. In the firft, We the faid Superintendent, Minifters and parochiners of the faid kirks doe complain, That the faid Mr Alexander intruded him felf in the office of the Miniftry within the faid burgh of Edinburgh, where he allured, drew and perfuaded a great part of the faids parochiners in a company, thereby confounding all good order, wherethrough their own lawfull Minifters were rejefted. Secondly, The faid Mr Alexander taught the people moft perverfe and ungodly doarine ; but fpecially in perfuading, entyling and exhorting to rebell againft our Soveraign Lord, and to join with manifeft rebells and conjured enemies. Thirdly, The faid Mr Alexander, contrar to the Aa of the Generall Affembly made for the prayer for our Soveraign Lord, &c, moft malicious ly tranfgreffed the faid ordinance, not only refilling to doe the fame, but alfo avowing in his prayer another Authority, and accufing and condemn ing all true Minifters, that did not the like that he did. 2 M 274 THE BOOKE OF THE 1573. Fourthly, The faid Mr Alexander being inhibite in fpeciall be ane Aa of the Generall Affembly, to have any intromiffion with the parochiners of Halyrudhoufe, He hath notwithftanding compelled them to adjoin with his pretended Kirk, in receiving the Sacrament then abufed be him within Edinburgh ; caufing his pretended Bailiffs, be the affiftance of the men of war remaining within the faid town for the time, to opprefs and compell the faid poor people to give him obedience. Fifthly, The faid Mr Alexander being fworn be his folemn oath, for due obedience to our Soveraign Lord and his Grace Regent and authority, come in the contrar thereof, and violate and brake his faid former oath ; but fpecially, fitting in a pretended Parliament for difpoffeffing of our faid Soveraign Lord of his royal crown and authority. Sixthly, The faid Mr Alexander being one of the pretended Privie Counfell, after the horrible flaughter of Matthew Earl of Lennox, Regent to our Soveraign Lord, of good memory, gave thanks for the fame and others ficklike openly in the pulpit to God, and exhorted the people to doe the fame, faying, That it was Gods moft juft judgement that fell upon him ; and as God then begann to execute his moft juft judgement upon him, he would not faill to execute the fame upon the reft ; comparing oftentimes our faid Soveraign Lord, his Regent and true lieges, to Pharoah and wicked Abfalom, and himfelf to Mofes and David, whom God would defend. Laft, Be reafon that the hainous faults of the faid Mr Alexander have been so notorioufly knowen to all men, not only fiich as have been com mitted before the Reformation, but alfo fuch as have been committed diverfe times fince, to the great and heavie flander of Gods true word, and profeffors thereof; wherethrough many of the faid profeffors, and others our Soveraign Lords true and obedient fubjeas, fometime be him perverted, yet ftill remain in their wicked conceived error, and can fcarce be perfuaded in the contrar, except the faid Mr Alexander be caufed confefs his errors publickly in all places where he hath offended, but fpecially in all the forfaid kirks. Seflio 5a Mr Alexander Gordon, Bifhop of Galloway, fent one of his fervants 1573. UNIVERSALL KIRK OF SCOTLAND. 275 with ane anfwer to the accufations forfaid : But becaufe he compeared not perfonally, the Affembly ordained Robert Drummond to fummone him to compear perfonally before the Affembly the morne at ten hours, to anfwer farther to fuch things as fhould be laid to his charge. Mr James Balfour, Minifter of Guthrie, was ordained to pafs to the Regents Grace, the Counfell and the Commiffioners of the Affembly, who were with his Grace, and to fhew the faid Mr Alexanders anfwers to the faid heads, and to defire his Graces advice therein, anent the alledge immunity, and incompetencie of the Judgement of the Kirk, and to report his Graces anfwer to the Affembly. Mr James returning reported, how after the Regent had heard the faid accufations and anfwers thereto, declared, That his Grace was moft willing to obferve the heads of the Pacification, not prejudging the priviledge of the Kirk ; and willed that all notorious open flander fhould be fatiffied according to the difcipline of the Kirk : The tenor of his anfwers followeth. Brethren, I am very loath, as God knoweth, to come in reafoning with your Wifdoms, concerning the complaint given in againft me be the Super intendent of Lothian and Kirks of Edenburgh, Halyrudhoufe and Sana Cuthbert ; yet in refpea of the highnefs and weightinefs of the caufe that dependeth thereupon, I am conftrained, with your Wifdoms pardon, to anfwer thereto ; which is the priviledge and benefite of the Godly Act of Pacification, made be the procurement of the Queens Majefty of England, with confent of my Lord Regents Grace, the whole Nobility and Eftates of this realme. Be virtue of the which Act, my Lord Duke his friends, my Lord Huntly, I and our friends, fervants and dependents, are made from all tranfgreffions, crimes, offences, done be us or any of us during the time of the troubles ; to the which Act the reformed Bifhops, Abbots and Priors having vote in Parliament, confented in name of the Kirk : So my Lord Regents Grace for the Criminail and your Wifdoms for the Spirituall part, have no place to call us or any of us for any offence, during the faid time, for the common caufe, which was the maintaining of another Authority, or any thing that dependeth thereupon. And it is of verity, that the complaints given in upon me depend there upon ; in fpeciall the greateft offence which may be laid to my charge, is only the preaching of the word, which I did at command of the other Authority, and be eleaion and admiffion of fuch as profeffed the fame : Therefore your Wifdoms can be no competent Judges to us, or any of us 276 THE BOOKE OF THE 1573. contained in the forfaid Act of Pacification ; for as we were altogether difobedient, at that time, to the Kings authority and Kirk touching that point, allanerly in defending another Authority ; fo are we be this Act of Pacification become obedient fubjeas to the King and Kirk in all things, except the offences forfaids, which are putt in oblivion be confent of the Three Eftates, as if they had never been committed : Therefore we nor none of us ought, or fhould be troubled any wife for any offence done during that time, as faid is. In refpea of the premiffes, I humbly befeek your Wifdoms, to have regard to our eftate, condition and fervice done be my Lord Duke his houfe, ours of Huntly and dependers, for maintaining of Gods word, and profeffors thereof, and how we have notfpared in times bygane, our lifes and heretages in defence of the fame, and that I was the firft that publickly preached Chrift in face of the Authority ; that this our defeaion fo honourably and lovingly remitted and put in oblivion, be no wife brought in difputation, again to prejudge the faid Aa of Pacifica tion, ratified and approved in Parliament be confent of the Kirk, as faid is. And if there be any other offence done be us then is contained in the faid Act, that may any wife be flanderous to the Kirk, before the 15 day of June, anno 1567, untill the 24 of Februar 1572, we fhall anfwer thereto as becometh members of the reformed Kirk and true profeffors of the bleffed Evangell ; neither can your Wifdoms have farther Jurifdiaion over me, nor over the reft of the communicants contained in the faid Aa of Pacifi cation, for the caufes forfaids : Alwife offers me to your Wifdoms, all things bygane being putt in oblivion according to the faid Aa, to ferve in my own Jurifdiaion, or to defift, as your Wifdoms pleafe appoint me. Mr David Lindfay, Commiffioner of Kyle, Caria and Cunninghame, complained upon George Boyd reader at Dairy, That where he was dif charged from all miniftration of the Lords Supper, he hath not the lefs miniftered the fame on his manner in the place of Kilbirnie the laft Pafch. The Affembly ordaineth the faid George to make publick repentance two feverall Sundays, the one at Kilburnie, the other at Dairy, confeffing his offence in prefence of the parochiners, and farther at the difcretion of the faid Commiffioner, &c. : And alfo flatuts and ordains, That, if he here after tranfgrefs in femblable cafe, he fliall be depofed from all funaion of the Miniftry for ever : And ficklike, This act to ftrike upon all others readers, that ffiall be found guilty of the like crime. 1573. UNIVERSALL KIRK OF SCOTLAND. 277 Seflio 6a- Mr Alexander Gordon being fummoned and often called, compeared not. Robert Drummond is ordained to fummone him to compear again three hours, with certification if he compeared not, That the Affembly will proceed to farther procefs againft him. He was fummoned but com peared not : Whereupon and for offences contained in the former accufa tions, led againft him and not denyed, it was concluded, That he fhould make publick repentance in fackcloath three feverall Sundays, one in the Kirk of Edenburgh, another in Halyrudhoufe, and the thrid in the Queens Colledge for Sana Cuthberts Kirk ; humbly confeffing his offences and flander, afking the eternal God and his Kirk pardon for the fame : And for this purpofe, the Affembly ordained Mr James Melvill and Andrew Simfon, Minifters of Menmure and Dumbar refpeaive, to pafs to the faid Mr Alexander Gordon, and admoniffi him in the Kirks name, to underly and perform the faid injunaions, and to begin on Sunday nixt to come in the Kirk of Edenburgh, thereafter in the other two kirks fuc- ceffive, under the pain of excommunication. C.J [The fame day, Alexander Hay, Clerk to the Secreit Counfell, pre fentit certaine heids proponed be my Lord Regents Grace to the Affemblie, concerning the provifion of Minifters ftipends be particular affignation : C. & B.J [The tenor whereof followeth. The Summ of the Report to be made to the General Affembly. At Halyrudhoufe the 12 day of Auguft 1573. My Lord Regents Grace, even as he accepted on him the regiment, began to efpie and confider the corruptions and abufes entered in the order of the Colleaorie, and to remember the fundry fuites made be the Minif ters of the Kirk in diverfe Affemblies, to have certain affignations made to them of their livings and ftipends, in places moft eweft and commodious to their refidence ; and herewithall being carefull how the article accorded upon at Leith fhould take effea, viz. That the worthy and qualified Minif ters and Preachers might be planted and diltributed throughout the whole realme, and the readers fpecially appointed at every fpeciall kirk, where conveniently it might be : His Grace fenfync, at fundry diets, travelled 278 THE BOOKE OF THE 1573. with the Kirk and their Commiffioners for the perfe6tion of this fo Godly and neceffar purpofe; and be diligent labours, the names and numbers of the paroch kirks are colleaed, and the Minifters and Preachers prefent diftri bute among them, while it ffiall be Gods good pleafure to raife up moe worthy and qualified perfons, zealous and willing to enter in that funaion, who from time to time fliall, God willing, be fufficiently placed and pro vided to competent livings. The ftipends be common confent are modified, and certain affignations to be made for payment of the fame out of the rents of the thrids of the benefices, common kirks or benefices, newly provided fince the Kings coronation, beginning the order of payment of the fruas now growing on the ground. The Minifter ffiall alwife be firft provided, and to that effea, where need be, the affumptions of the thrids of Prelacies, and others great bene fices, altered, and the affignation of the Minifters and Readers ftipends taken of the firft and readieft dueties of the kirk and parochine where they ferve, out of the hands of the tackfmen, or fuch of the parochiners, as they themfelves fliall choofe to be debitors unto them. And in cafe any thing now affigned be before difponed or provided in penfion, portion or otherwife, wherethrough the payment may appear uncertain and doubtfull, they ffiall have another fure and fpeciall affigna tion out of fome other part of the thrid of that benefice, or otherwife in fome place where it may be moft commodioufly had to their contentment, and letters granted for execution hereof in due forme as effeirs. Item, My Lord Regents Grace minds, with all convenient expedition, That qualified perfons fhall be promoved to the Biffiopricks now vacand, the delay whereof hath not been in his Graces own default, but be reafon fome interefs was given to thefe livings in favours of certain Noblemen, before his acceptation of the Regiment ; yet his Grace is perfuaded, that qualified perfons fhall fpecially be prefented ; and in cafe of failzie, will not fail, without the others content, to prefent. And in this meantime it was contented, That fuch Superintendents and Commiffioners as the Kirk fhall be content with, or ffiall appoint, continue in their charges as before, where Bifliops are not placed, and have their ftipends therefore, while the Bifliops be admitted to their own places and offices, which ffiall not be retarded in his default. And forfamikle as fince the reformation of religion in this realme, fundry common kirks and common lands and fundry benefices are fett be the 1573. UNIVERSALL KIRK OF SCOTLAND. 279 Prince in few and tacks, far within the juft availl and rent which they were worth, and gave before the faid reformation ; or elfe in a pretended manner, as freely given be the Prince in penfion or gift, upon the importunate fute of fome perfons, without confideration of any ground or right how the fame might be done, no Law nor Act of Parliament yet paffing, whereby the power of fetting, fewing and difpofition of the faids common kirks, common lands or thrids, were annexed to the crown, or declared to pertain to the Prince ; It being good reafon, that the Minifters of the kirks ffiould be fuftained upon the rents thereof, and that the faids common lands fhould be applyed to the help of the Schools, and otherwife, ad pios ufus ; there fore ordains Summons to be libelled, at the inftance of the Kings Majeftys Advocate, and of the procurators of the Kirk for their intrefs thereof, for reduaion of the faids fews, tacks and difpofitions, wherethrough the rents of the faids commons and thrids may be goodly and rightly applyed as effeirs. It is refolved, That the executions of the fentence of excommunication againft perfons excommunicate, after the fpace of 40 days paft, fhall be prefented to my Lord Theafaurer or his Clerk, who thereupon fhall raife letters, be deliverance of the Lords of Seffion, to charge the perfons excom municate to fatiffy the Kirk, and obtain themfelves abfolved under the pain of rebellion ; and, in cafe they pafs to the horn, to caufe their efcheits be tane up, and alfo to raife and caufe execute letters of Caption againft them, and that to be done at the Kings Majeftys charges. Touching the efcheits of excommunicate perfons, where the wifes and children are faithfull, The law already made is thought good and worthy to be execute ; and all difpenfations dangerous, and tending to the increafe of contempt and difobedience. Touching the pecuniall penalty to be raifed on the refetters of the ex communicate, Becaufe as yet there is no exprefs law ; therefore lett ane ¦article be formed hereanent againft the nixt Parliament, and in the mean time the Kirk to ufe the difcipline thereof againft fuch offenders. And diligence poffible fhall be made for colledting and ingathering of the refts, to the help of the Minifters ftanding in doubt ; and it is not thought that the uptaking of the efcheits of the rebells ffiall prejudge them. The order of upholding of Schools in burgh and to landward, would be declared in a more fpeciall article. It is thought meet, The multitude of hereticall books brought in this 280 THE BOOKE OF THE 1573. countrey ffiall be burnt ; and that proclamation be fett out in ftrait man ner, That none bring home hereticall books, nor prefs to fell them while they be vified in time coming ; and this Act to be extended in large form. The law touching the manfes and gleebs is thought fufficient, if the execution of the fame be duely fought. Anent the fuftaining and upholding of Cathedrall kirks which are paroch kirks, The fame moft be done as it had wont to be before, while a new or better order be taine thereanent be the Parliament. For punifhment of perfons that pafs in pilgrimage to wells, lett the difcipline of the Kirk be ufed againft the ufers of fuch fuperftition, and the civill Magiftrat ffiall alfo hold handto the punifhment. Lett alfo ane article be formed and given in at the Parliament, for law to be made againft fuch perfons as make common buriall places of the paroch kirks, being commanded by the contrary. Anent the heads and articles concerning the Jurifdiaion of the Kirk, They are found very meet to be reafoned upon ; whereunto my Lord Regents Grace will appoint fome of the Counfell to conferr with others that the Kirk fhall depute to this effea ; fo that it whereon they aggree may be confirmed in Parliament, and have the force of a law thereafter. Item, Seing the moft part of the perfons who were Channons, Monks and Friars within this realme, have made profeffion of the true religion ; it is therefore thought meet, That it be injoined to them to pafs and ferve as readers at the places where they fhall be appointed. To appoint a day for the eleaion of the Bifhop of Murrey. To appoint a day for the eleaion of the Bifhop of Roffe. That the day be keeped for the eleaion of the Bifhop of Dunblane. To appoint a day for the eleaion of the Archbifhop of Glafgow. Commiffioners in all provinces where bifhops are not placed. A Suffragan for the Bifhop of Sana Andrews in Lothian. That every Commiffioner tarry to fee the principall affignation and order made for the payment thereof, for the weal of the Minifters within his charge. Seflio 7a- In refpea that the Affembly cannot remain till finall ending of fuch 1573. UNIVERSALL KIRK OF SCOTLAND. 281 things as are treating betwixt my Lord Regents Grace and the Affembly, anent the diftribution of Minifters, their placing, and affignation to be made for fure payment of their ftipends, &c, The Affembly adjoins to their bre thren already having commiffion to reafon and conferr with my Lord Regents Grace and Secret Counfell, the brethren underwritten, to wit, John Bifhop of Sana Andrews, John Bifhop of Dunkeld, Mr John Spotf wood, Superintendent of Lothian, Mr David Lindfay, Mr George Hay, Mr Andrew Hay, Mr Donald Munro, of Kile, Cliddifdaill, Aberdeen, and Roffe refpeaive Commiffioners, Mr James Lowfon, David Fergufon, of Edenburgh and Dumfermling refpeaive Minifters, John Brand, Mi nifter of Halyrudhoufe, Mr Alexander Arbuthnet, Principall of Aber deen, and John Gray of Fordall, That the faids brethren, or any thirteen of them, concurr with my Lord Regents Grace and Secret Counfell, reafon, conferr and conclude, anent all things to be proponed be his Grace and Secret Counfell forfaid, and touching the heads, articles, re quefts, fupplications and complaints to be proponed in the Affemblies name be them, conforme to the inftruaions which are to be given to them ; and to report all and whatfoever their proceedings to the nixt Affembly, to be regiftered among the Aas thereof: And to putt in forme the faids in ftruaions to be delivered to the forfaids brethren Commiffioners, the Af fembly appointed Mr Robert Pont, Commiffioner of Murrey, Mr John Row, Commiffioner of Nithifdaill and Galloway, Mr Gilbert Gardine, Minifter of Fordyce, Mr David Cunninghame, Minifter at Monkland, to conveen afternoon this day, and putt the faid inftruaions in forme, and deliver the famine to the faids brethren Commiffioners this night, that they may proceed conforme to the faids inftruaions. Anent the fupplication given in be Robert and John Seton, fons to the Lord Seton : The Affembly ordaineth the Superintendent of Lothian, with fo many Minifters as he will affume to him, to take order with the faids perfons ; and if they will obey, fubmitt and fubfcrive the articles of Faith, and fwear obedience to the Kings Majefty, to receive them in the bofome of the Kirk according to the order. C.J Tuiching the changing of the fituation of the paroch kirks, their gleibs and manffes, for the commoditie of the parochiners : The Kirk gives licence to the Bifhops, Superintendents and Commiffioners to plant kirks, with the advyfe and confent of the parochiners and Miniftrie of the countrey, to change the paroch kirks, manffes and gleibs fra ane place to another 2 N 282 . THE BOOKE OF THE 1573. for commoditie of the faid paroch ; Provyding alwayes, that the change thereof be not hurtfull to the Miniftrie, and that furetie fufficient be made of the lands in quantitie and goodnefs as they were before, to remaine with the Kirk for ever, with mortification thereof be the Kings Majeftie. [Forfamikle as Alexander Biffiop of Galloway, after his compearing be fore this Affembly at a time, was diverfe times thereafter fummoned per fonally and at his lodgings, to have compeared before the Affembly, to have anfwered farther to things that were to be laid to his charge, and to have received the injunaions of the Kirk for fatiffaaion of his offence and flander given be him, &c. : Being often times called and not compearing, The whole Kirk affembled decerned the faid Mr Alexander to make publick repentance in fackcloath upon one Sunday in the kirk of Eden burgh, another Sunday in Halyrudhoufe, and the third Sunday in the Queens Colledge for Sana Cuthberts : Therefore the whole Kirk pre fently affembled, commandeth Mr Rodger Gordon, Minifter of Quhitterne, to admoniffi the faid Alexander Bifhop of Galloway in the Cathedral Kirk of Quhitterne upon a Sunday in the time of publick preaching, to refort to the faids kirks of Edenburgh, Halyrudhoufe and Queens Colledge refpeaive, and there fulfill the forfaids injunaions, betwixt the day of the admonition and the 20 day of the moneth of September nixt to come, under the pain of excommunication ; with certification to the faid Mr Alexander, that if he doe not, the Kirk commands the Minifter of Eden burgh or Halyrudhoufe to proceed to excommunication againft him, and to publifh the fame in the faid other two kirks, and in other kirks as ffiall be thought expedient ; and ordains the faid Mr Rodger to fend this pre fent ordinance, duely execute under his fubfcription, before the faid 20 day of September forfaid again to the Kirk of Edenburgh, as he will an fwer to the General Affemblie of his obedience, &c. Mr Robert Pont, Commiffioner of Murrey, Mr George Hay, Com miffioner of Aberdeen, Mr John Row, Commiffioner of Nithifdaill and Galloway, Mr David Lindfay, Commiffioner of Kyle, Caria and Cun ninghame, Mr Andrew Hay, Commiffioner of Ranfrew, Cliddifdaill and Lennox, Mr Donald Monro, Commiffioner of Roffe, were continued in their office till the nixt Affembly. The Affembly giveth commiffion to their loving brother John Gray of Fordell, to plant Minifters, erea the face of congregations, vifit Schools, &c, in ample forme within the Diocie of Cathnefs for the fpace of a year 1573. UNIVERSALL KIRK OF SCOTLAND. 283 nixt after the date hereof, and to report his diligence to the General Affembly. In like manner giveth commiffion to their loving brother John Brand, Minifter of Halyrudhoufe, to vifite Tiviotdaill, Tweddaill and Forreft till the nixt Generall Affembly, and to report his diligence done therein to the fame Affembly. The faid John protefted, That he on no ways begin his journey to the faid vifitation, untill fuch time as a Minifter were appointed to fupply his place at Halyrudhoufe in his abfence. C.J Seflio 8a- Anent them that confults with witches : The Kirk prefentlie affemblit ordaines all Bifhops, Superintendents, and Commiffioners to plant kirks, to call all fick perfons as falbe fufpea to confult with witches before them, at their awin particular vifitations, or vtherwayes ; and if they be found to have confulted with the faids witches, That they caufe them make publick repentance in fackcloath vpon ane Sonday in tyme of preaching, vnder the paine of excommunicatioun ; and if they be difobedient, to proceid to ex communication, dew admonitions preceiding. Anent the uniformitie to be obfervit in proces of excommunication : It is ftatut and ordainit, That all Bifhops, Superintendents and Commiffioners to plant kirks, fall direa thair letters to Minifters quher the perfons that are to be excommunicat dwells, commanding the faids Minifters to admo- nifch accordingly ; and in cace of difobedience to proceid to excommunica tion, and pronounce the fentence therof vpon a Sonday in tyme of preaching; and therafter the Minifters to indorfe the faids letters, makand mention of the dayes of thair admonitions and excommunication for difobedience for faid, and to report to the faids Bifhops, Superintendents and Commiffioners, according to their direaion containit in the faids letters. [The Affembly ordaineth the Bifhop of Dunkeld to pafs in vifitation of his Diocie incontinent after the diffolving of this Affembly, and execute the Aa of Parliament againft Papifts, of what degree foever they be, and all other criminail perfons, according to the Aas of the General Affembly, and to report their diligence to the nixt Affembly. 284 THE BOOKE OF THE 1573. The brethren appointed for anfwering to queftions, reported the fame and their anfwers as followeth. Q. Ubique, Where the Nobility offends in fuch crimes as deferve execu tion of difcipline in fackcloath, the Nobility will not receive it ; men of poor eftate for the moft part contemn it : What remeed ffiall be found. C.J A. Great men offending in fick crymes as deferves fackcloath, they fould receive the famein als weill as the poore. [Q. Whither if a Superintendent or Commiffioner, with advice of any particular Kirk of their Jurifdiaion, may difpenfe with the extremity of fackcloath prefcrived be the Aas of the Generall Difcipline, and that for a pecuniall pain ad pios ufus. C] A. Na Superintendent nor Commiffioner, with advyfe of any particular Kirk of thair Jurifdiaioun, may difpence with the extremitie of fackcloth prefcryvit be the Aas of the Generall Difci pline, for any pecuniall fowme or paine ad pios ufus. [Q. Why is order taken, That for no caufe, how juft fo ever, no parti cular Kirk may excommunicate without the affent of the Bifhop, Superin tendent and Commiffioner. A. The Affembly perceiving fome to have been excommunicate without the due order of law, for redrefs of this miforder, hath thought it expedient, That the caufe and order of the pro cefs be lighted be the Biffiop, Superintendent and Commiffioner, before the fentence be pronounced. Q. Whither if the Affembly may lawfully impone pecuniall pains to the committers of drukennefs, fornication, breach of the Sabbath, and fuch like, or not. A. The Affembly ordains, That, anent fornication and the breach of the Sabbath, the Aas of Parliament be putt in execution : as for druken nefs, They fhould give admonitions, which being difobeyed, they fhall be repelled from the table of the Lord ; yet Magiftrates may inflia a pecu niall pain for the fame, while order be tane in Parliament. Q. May any Minifter, with fafe confcience, admitt to the table of the Lord and other benefits of the Kirk, thofe who in the late troubles op- poned themfelves againft the lawfull Authority, and fuftained the aaion of them who troubled the quiet ftate of the common weale, and of the 1573. UNIVERSALL KIRK OF SCOTLAND. 285 Kirk, who have not yet fatiffied the Kirk, nor admitted themfelves to the difcipline thereof. A. They may not. Q. What punifhment ffiall the Minifter incurr, that wittingly and wil lingly admits fuch publick tranfgreffors and flander ers of the word to the faids benefits, before any publick fatiffaaion be made. A. Refers the punifhment of the Minifter that offends in this cafe to his Ordinar, ac cording to the quality of the fault committed, and the place where he ferveth. Q. A man willing to dimitt his benefice fimpliciter, In whofe hands fhall he dimitt it. C] A. Ane man willing to demitt his benefice fimpli citer, fould demitt it in the hand of the juft Patrone. 286 THE BOOKE OF THE 1573. A. D. M.D.LXXIII. The Generall Affembly begun and haldin at Edinburgh [in the Nether Tolbooth] the 6 day of March 1573 : In the quhilk were prefent Earles, Lords, Barrones, Bifchops. [John Bifhop of Sana Andrews, James Bifhop of Glafgow, James Bifhop of Dunkeld, George Biffiop of Murrey, Robert Biffiop of Cathnefs.J Super intendents, Commiffioners to plant Kirks, Commiffioners of Provinces, Townes, Kirks, Univerfities, and Minifters. Mr Andro Hay [Minifter of Ranfrew, and Commiffioner of Cliddif- daillj was chofen Moderator. Seflio la [In the trial of Bifhops, Superintendents and Commiffioners to plant kirks, John Archbifhop of Sana Andrews was delated, For not vifiting his province of Fife ; for admitting a fimple reader, Robert Douglafs, to the Perfonage of Morvington, the profite whereof confifteth in thrids ; That he was not only Bifhop, but Reaor of the Univerfity, and Proveft of the New Colledge ; That he preached not in Sana Andrews, where he made his refidence ; That he abfolved Mr Magnus Halcro, who was ex- communicate in Orknay for adultery committed be him with Margrat Sinclair, fometimes wife to James Tulloch. To the firft he anfwered, That fince the laft Affembly he had been continually fick, and fo weak that he was not able to vifite his faid countrey, which excufe was thought reafonable. To the fecond he anfwered, That he underftood be relation, 1573. UNIVERSALL KIRK OF SCOTLAND. 287 that the faids teinds of Morvington were fo fmall in value that fcarce would they fuftain a reader ; notthelefs the Affembly ordained the faid Bifhop to reform his collation of the faid benefice, according to the laws already made anent perfonages. To the thrid, He alledged infirmity, and promifed to preach in time coming according to his ability. To the fourth, alledged, That he abfolved the faid Mr Magnus be juft procefs led before him in Sana Andrews. The Affembly ordained the Bifhop to produce the procefs before them that day eight days. Anent the retaining of the Rectory and Proveftry, he anfwered, He was content to dimitt the one and the other, how foon my Lord Regents Grace and Commiffioners fliall come to Sana Andrews for vifiting of the Colledges. James Biffiop of Dunkeld was accufed for admitting one called Sir Wal ter Robefone, to read in the kirk of Logyret, who, within 20 days thereafter, paft with a dead corps to the kirk, having the Supercloath upon him in popifh manner : Item, For admitting Michael Grey and John Drum mond, two readers at the kirk of , who be their convention and troubles have raifed a great flander againft them and their offices : Thirdly, That he hath not execute the fentence of excommunication againft the Earle of Atholl and his wife, conforme to the Aa of Parliament. The Affembly ordained him to take order with the forfaids readers, that, all flander being removed, no caufe of complaint be found hereafter. And ficklike with the faid Walter Robefon, and try the forfaid alledgance touching the fmelling of papiftry. As for the overfight of the Earle of Athole and his wife, he confeffed the fame, and therefore was ordained to pafs to the Cathedrall kirk of Dunkeld, and there upon a Lords day in time of preaching confefs his fault publickly for not executing of the for faid fentence ; and farther, that thereafter within 40 days, the faid Earle, his wife and fo many of his family as fhall be found difobedient, be excom municate : The order of his excommunication, and indorfation thereof in authentick forme, to report to the Regents Grace, that order may be taken thereanent. John Gray, Scribe to the Affembly, prefented a book containing a vifita tion of the Diocie of Cathnefs, made be John Gray of Fordell, Commif fioner of the faid countrey ; and alfo read a letter fent from him, wherein he defired to be difcharged of that office, both for the weight of the bur then, his age, and meanefs of the ftipend. The Affembly could not give ane anfwer prefently. 288 THE BOOKE OF THE 1573. For vifiting of the books of diligences, of Bifhops, Superintendents and Commiffioners, were appointed the brethren underwritten, Mr James Greig, William Chriftefone, Mr David Wemes, Thomas Duncanfon, John Duncanfon, Mr Roger Gordon, David Fergufon, John Clapperton, Robert Monteith, James Anderfon, Mr Archibald Keith, to conveen in this houfe upon Monday at feven hours before noon, for overfeing of the faids books, and fo continue from day to day, till the famine be perfeaiy overfighted, and what they find therein to report the fame to the Affembly. Seflio 2a- George Bifhop of Murrey was accufed of fornication committed be him with one called Scot, relia of Difhington of Ardrofs : He anfwered, That, after admonition given him, he abftained from all cohabita tion with the faid woman. He was removed, and the brethren chiefly in Fife were inquired, Whither he had given juft caufe of flander before admoni tions given to him. And entering again he was ordained to purge himfelf before the Affembly of the forfaid crime. He defired time to advife with himfelf till the 10 day of this inftant moneth, at what time he promifed to give anfwer. And becaufe the members of the Chaptour of Murrey had admitted the faid George to the Bifhoprick of Murrey in giving their letters teftimonials thereupon, without juft trial and due examination of the faid George life, converfation, and qualification in literature, as ap pertained, wherethrough great flander is rifen ; therefore the Affembly giveth commiffion to John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr George Hay, Commiffioner of Aberdeen, Mr Alexander Arbuthnet, Principall of the Colledge, Mr John Craig, Mi nifter of New Aberdeen, That they direa their citation to fummone the forfaid Chaptour of Murrey to compear before them, day and place as they ffiall appoint, for the caufes above written ; and what they happen to find in the faid matter, to report the fame to the nixt Generall Affembly. To vifie the heads and queftions prefented to the Affembly be Alexander Hay, clerk of the Secret Counfell, fent be my Lord Regents Grace, and for giving anfwer thereto, were appointed the brethren underwritten, Mr James Boyd, Bifhop of Glafgow, John Arefkine of Dun, Knight, Super- 1573. UNIVERSALL KIRK OF SCOTLAND. 289 intendent of Angus and Mernes, Mr John Winrame, Superintendent of Stratherne, Mr John Row, Mr James Lowfon, Mr Alexander Arbuthnet, Mr Robert Matlane, Dean of Aberdeen, Mr Patrick Adamfone, the Laird of Lundie, the Laird of Quhittinghame, the Laird of Elphinfton, the Laird of Barr, the Laird of Spott, the Laird of Kelwod, Alexander Udward, Commiffioner of Aberdeen. The Affembly ordains Mr George Hay, Commiffioner of Aberdeen, to deliver ane juft copy of his compts of colleaory of Aberdeen and Banff of 1572 years, to Mr John Craig, Mr Alexander Arbuthnet, to the effea that the Minifters of that countrey may underftand what allowances are taken of their ftipends of the faid year, every one for his own part ; which ordinance the faid Mr George promifed to fulfill. The Affembly appointeth Mr John Spotfwood, Superintendent of Lo thian, Mr Clement Littel, Advocate, Mr Robert Pont, Mr James Low fon, Mr David Lindfay, Mr Alexander Arbuthnet, Mr Patrick Adam fon, or any four of them, to revife and confider the reply made be John Duncanfone, Minifter of the Kings houfe, againft Mr James Tyries laft book ; and what the faid brethren find therein, to report again to the Aflembly, to the effea it may be underftood, Whither the faid reply may be committed to print or not : And in like manner, that the faids brethren or any four of them, perufe and confider a book prefented to the Affembly be the Earl of Glencarne, fett out be a brother, and intituled, " Of Gods Providence," and to report their judgment thereanent to the effea forfaid. Mr John Davidfone, a Regent of the Colledge of Sana Leonards in Sana Andrews, declared to the Affembly, how he had been fummoned before the Counfell, and troubled a long time for a book, which was not unknowen to their Wifdoms, and what was his mind, and the whole procefs of it, and defired them to examine it ; and if they found it diffonant from the word of God, condemn it ; if confonant to the truth, approve it, and that with expedi tion, becaufe his flaying was chargeable ; and Noblemens fons his fcholars were defrauded by his abfence. Some informed the Moderator, that Mr John Rutherford had made ane anfwer to it. The Affembly thought good, it fhould be prefented. He fhifted faying, He could not produce his ineptias, and that he had written but one copy which the Regent had. 2 0 290 THE BOOKE OF THE 1573. It was voted, Whither he ffiould be compelled under the pain of excommu nication, to prefent his book, and was concluded as followeth. Forfamekle as the Affembly underftanding, that Mr John Rutherford, Proveft of Sana Salvators Colledge, hath publiffied a book in writt againft Mr John Davidfone his book ; therefore it was inquired, Whither the faid Mr John ought and ffiould produce the faid book before the brethren of this Affembly. It was voted throughout, That he ought and ffiould produce the fame, to be fighted and confidered be the brethren prefently conveened ; and therefore ordained Mr Robert Hammilton, Minifter of Sana Andrews, Mr James Melvill, Minifter of Arbrothe, to require the faid Mr John Rutherford, to exhibite the faid book before the Affembly the morne at nine hours : And, in the like manner, That the faid Mr John Davidfon prefent his book. The Affembly ordaineth all Bifhops, Superintendents and Commiffioners to plant kirks, to give in writt the morne afternoon, the names of all fuch perfons as they know to be able within their diocefe, to ferve in the Mi niftry, that they may be planted and livings obtained to them accordingly. For anfwer to the laft article fent to the Affembly be my Lord Regents Grace, anent the fubftantial caufe, if any be, of miflyking the order agreed upon for payment of Minifters ftipends, and affignation of the fame, and what better order can be proponed and devifed for the fame : The Affembly appointed the brethren underwritten, to witt, James Biffiop of Glafgow, John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winrame, Superintendent of Stratherne, Mr Gilbert Foulfie, one of the Commiffioners of Orknay, Mr Robert Pont, Mr James Lowfon, Mr John Row, Mr David Lindfay, Mr Alexander Arbuthnet, Mr George Hay, Mr Patrick Adamfon, Mr Rodger Gordoun, Richard Melvill, Minifter of Gods word, the Laird of Lundie, the Laird of Braid, the Laird of Barr, the Laird of Carnall, Andrew Ker of Fadounfide, the Laird of Thorntone, David Lindfay, Lyon Herald, John Adamfone, one of the Commiffioners of Edenburgh, the Commendator of Deir, Mr John Young, Minifter at Irving, and William Hume of Hutton, to conveen the morne at eight hours before noon in Mr James Lowfons chamber, and confider the forfaid article, and pen ane anfwer thereto, and report the fame again to the Affembly. 1573. UNIVERSALL KIRK OF SCOTLAND. 291 Seflio 3a- Anent the appellation interponed be George Cleppan of Corffogie, from the fentence of excommunication pronounced againft him be the Bifhop of Sana Andrews, for caufes contained in the faid appellation : The Affem bly ordaineth the faid Biffiop, with advice of fo many of his Minifters as he fhall think meet to affume to him, to receive the faid George to the bofome of the Kirk, abfolve him from the faid fentence, if he will un fainedly require the fame according to the order, and thereafter receive his purgation of the crime laid to his charge be his own oath ; admoniffiing him to adhere to his own wife in time coming, under the pain of incurring the faid fentence of, &c. C.J The Kirk ordaines all Commiffioners of townes and provinces, That they fearch and feik out the haill rentalls of the Hospitalls within thair bounds refpeaiue, and give the fame in to thair Bifhops, Superintendents and Commiffioners, fhawand how the fame are vfit or abufit, to the effea that my Lord Chancellour may refeave the fame, to report to my Lord Regents Grace ; and this to be done, betuixt and the tent day of Apryle nixt to come. [Anent the Commiffion given in the laft Affembly to the Laird of Dun and certain other brethren with him, to conferr and conclude with my Lord Regents Grace and Secret Counfell : The faid Laird of Dun and brethren forfaid gave up their faid commiffion, and protefted, That no thing fhould be imputed to them, or laid to their charge, as done and concluded be them with my Lord Regents Grace, that might prejudge the brethren or the Affembly. Mr John Davidfone, Regent in Sana Leonards Colledge, conform to the command of the Affembly, willingly prefented his book in writt, to be fighted and confidered be the brethren appointed thereto, and alledged, that the fame was printed without his advice and command ; alwife fub- mitteth himfelf and his book to the judgment of this prefent Affembly. The Affembly appointed Mr James Lowfon, Mr David Lindfay, the Laird of Barganie, the Laird of Thornton, the Commiffioners of Edenburgh and Sana Johnfton, to prefent a Supplication to my Lord Regents Grace this day at two afternoon, and to report his Graces anfwer to the Affembly : The tenor of the Supplication followeth. C.J 292 THE BOOKE OF THE 1573. Unto the Lord Regents Grace [and LordsJ of Privie Counfell, with vthers of the Eftates conveinit with his Grace, the Kirk Generall now affemblit witches everlafting health in Chryft. It is not unknowin that holie myfterie of God that hes chofin to him felfe a Kirk, and that from the beginning, and fall continue for evir ; and that is the congregatioun and companie of the faithful profeffours of Chryft : And in his Kirk God hes appointit his holie myfteries to be miniftrat, and calls men to be minifters of the fame, that be the famein miniftrie the elea of God may be callit, regenerate and nourifhit to the everlafting lyfe. For prefervatioun of the holie Miniftrie and Kirk in puritie, the Lord hes appointit Affemblies and Conventiouns, not only of the perfons of the Miniftrie, but alfo of the haill members of the Kirk profeffing Chryft : The quhilk Kirk of God hes continuallie vfit, and vfes the fame Affemblies, fanaified be the word of God, and authorized be the prefence of Jefus Chryft. It is alfo knowin vnto gour Grace, that fen the tyme God bleffed this countrey with the light of the Evangell, the haill Kirk maift godlie appointit, and the fame be Aa of Parliament authorized, that twa godlie Affemblies of the haill General Kirk of this realme, fould be ever ilk geir, afweill of all members therof in all Eftates as of the Minifters : The whilk Affemblies hes bein fen the firft ordinance, continually keipit in fick fort, that the moft noble ther of the hieft Eftate, hes joynit themfelves, be their awin prefence in the Affemblies, as members of ane body, concurreand, voteand and authorizand in all things their pro- ceiding with their brether. And now, at this prefent, the Kirk is affemblit according to the Godlie Ordinance, and lookes to have concurrence of thair brethren in all Eftates, and wifches of God, that your Grace and Lords of Privie Counfell will authorize the Kirk in this prefent Affemblie, be gour prefence, or be vthers haveand gour commiffion in gour Grace and Lordfhips names, as members of the Kirk of God ; for as your Graces prefence and the Nobilities fould be vnto us moft comfortable, and fb moft earneftlie wifched of all, fo your Graces abfence is to us moft dolo rous and lamentabill ; wherof followes the want of ane great part of the members, that weill cannot be abfent from the treating of thefe things that appertaines to the Kirk and policie thereof, in Affemblie altogether, to be handlit be the advyfe of all, and to the whilk end the Affemblies are ap- 1573. UNIVERSALL KIRK OF SCOTLAND. 293 pointit ; the authoritie quherof gour Grace knowes to be lick as the con tempt of it tends to the verie diffionour of God ; and therfor as ge efteime gour felves to be members of Chryft and of his Kirk, fhew the fruits therof; of the quhilk it is not the leaft to joyne gour felves to the Kirk, not only be hearing the word, and receiving the facraments, bot alfo in conveining with gour brether in the holie Affemblies : The quhilk to doe we give gou admonition in the name of the Lord ; extending this our admonition to every perfon, of quhatfoevir Eftate, that are prefent with gour Grace and Lordffiips ; and fpecially we admonifch the Bifchops and fick' as are of the Miniftrie, to joyne themfelves with vs, according to their miniftrie and duetie ; vtherwayes they will be thoght vnworthie of the office they beare. The tyme that the kirk will fitt will be fhort, and tyme wald not be ne- gleait ; and yet the kirk is not fo rigorous, bot that men may, after thair prefence givin in the Affemblie, have libertie, as tyme requyres, to waite vpon thair laufull buffines : And this admonition we give gour Grace with all reverence and humilitie ; and that chieflie in refpea gour Grace, be gour awin articles and queftions fent to the Kirk, defyres firft to be admonifhit charitablie, quhenfoevir offences arifes, befor the fame be vtherwayes traduceit. [Anent queftions, complaints, bills and requefts which could not be re- folved and anfwered unto in the Synodall Conventions of provinces : The Affembly appointed Mr Robert Hammilton, Minifter of Sana Andrews, Mr John Young, Mr James Balfour, Mr David Cunninghame, Mr David Wemes, Mr James Carmichael, Mr John Davidfone, Mr Andrew Simpfon, to read and confider the faids queftions, bills and complaints, and give anfwer thereunto, and report the fame to the Affembly again, C.J [The Affembly appoints James Bifhop of Glafgow, the Superintendent of Angus and Mernes, Mr John Winrame, Superintendent of Stratherne, Mr Robert Pont, one of the Lords of the Seffion, and preacher of Gods word, Mr John Row, Minifter of Perth, Mr Robert Matlane, Dean of Aberdeen, Mr Alexander Arbuthnet, Principall of Aberdeen, and John Duncanfbne, Minifter to the Kings houfe, That they conveen the morne about 6 hours in the morning, in Mr James Lowfons houfe, to pen the heids and articles concerning the jurifdiaioun of the Kirk, and thereafter to prefent the famein to theAffemblie, to the effea that refolution may be had thereof at my Lord Regent Graces hand. C. & B.J 294 THE BOOKE OF THE 1573. Anent the jurifdiaion of Bifhops in thair ecclefiafticall funaioun : The Kirk prefentlie affemblit hes concludit, That the fame fall not exceid the jurifdiaioun of Superintendents, quhilk heirtofoir they have had and pre fentlie hes ; and that they falbe fubiea to the difcipline of the Generall Affemblie as members therof, as the Superintendents hes bein heirtofor in all forts. That no Superintendents nor Commiffioners for planting kirks, have nor fall give collatioun of benefices, nor admitt Minifters, without the affiftance of thrie of thair qualified Minifters of thair province, quho alfo fall give thair teftimonialls to the faids Superintendents or Commiffioners, fubfcryvit with thair hands, in figne of thair content therto : And, in lyke manner, That no Biffiop give collatioun of any benefice within the bounds of Superintendents within his dyocie, without thair confent, and teftimonialls fubfcryvit with thair hands : And, that Bifchopes within thair awin dyocies, vifite be themfelves, quher no Superintendents are ; and give no collatioun ordinar vpon benefices, without confent of thrie weill qualified Minifters, as faid is, of Superintendents and Commiffioners to plant kirkis. Seflio 4a- [The Affembly ordaineth the Biffiop of Glafgow, to take order with John Hammilton, fon to unquhill Sir William Hammilton, and to give him injunaions for fatiffieng of the Kirk of Mauchlin. His complices, John Dunbar, Hugh Farquhar, Patrick Hammilton of Linnerhaugh, Wil liam Dumbar, parochiner of Tarbolton, David Blair, parochiner of Munck- ton, and Patrick Reid, being often called and not compearing, the Affembly ordained the faid Biffiop of Glafgow, To direa his precepts to the Minif ters or Readers of the kirks where the forfaids perfons dwell, to admoniffi them and every one of them refpeaive in their own paroich kirk, to fatiffy the kirk of Mauchlin for the offence done to the faid kirk, under the pain of excommunication ; and in cafe of difobedience of the faids per fons, or any of them, that he give commandment to the faids Minifters or readers where the faids difobedients dwell, to pronounce the fentence of excommunication againft them, according to the order appointed in the Book of Excommunication. C] 1573. UNIVERSALL KIRK OF SCOTLAND. 295 Seflio 5a> [The Affembly prefently conveened, in one voice and mind, giveth full power and commiffion to their loving brethren, John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, Mr John Winrame, Super intendent of Stratherne, Mr Robert Pont, one of the Senators of our Soveraign Lords Colledge of Juftice, and Minifter of Gods word, Mr John Row, Mr George Hay, Mr David Lindfay, Commiffioners of Galloway, Kile, Caria and Cunninghame refpeaive, Mr James Lowfone, Minifter of Edenburgh, John Duncanfone, Minifter of the Kings Majefties houfe, to conveine with my Lord Regents Grace and Lords of Secreit Counfell, to conferre and reafon vpon the heids concerning the jurifdiaioun and policie of the Kirk, and fick vther heids and articles as falbe proponit be his Grace and Counfell to them ; and upon the heads, articles and requefts, which are to be proponed to his Grace and Counfell, in name of the Affembly prefently conveened, and concerning all and fundry other things tending to the fetting fordward of the glory of the eternall God, maintain ing the preaching of his word, the Kings Majeftys authority, and common wealth of this realme : firm and ftable, &c. C. & B.J [Forfamikle as George Bifhop of Murrey was ordained to have com peared before this Affembly the 10 day of this inftant, to have given his purgation of the flander given be him of fornication, alledged committed with the Lady Ardroffe, and hath not yet compeared ; therefore the Af fembly ordains James Bifhop of Dunkeld to warn the faid George, to compear the 12 day of this inftant moneth at 10 hours before noone, to make his purgation, according to the ordinance appointed to him the 8 day of this moneth. The Affembly ordaineth the Bifhop of Glafgow to take order with John Carmichael, Captain of Crauford, now fubmitting himfelf to the difcipline of the Kirk for adultery committed be him, and to receive him to publick repentance, according to the Aas of the Generall Affembly heretofore made againft the committers of fuch crimes. Seflio 6a- The brethren appointed to reafon upon the Commiffioners and their 296 THE BOOKE OF THE 1573 couimiffion, that are to pafs to the Regents Grace and Secret Counfell, do declare that their opinion was and is, That they fhould pafs the morne at time appointed to the Regents Grace and Counfell with their com miffion : and if they were refufed to reafon as Commiffioners of the Affembly, then and in that cafe they fhould return again to the Affembly with their commiffion, and report their refufal, to the effea the Affembly may take order thereanent. This their opinion being read, was approved be the whole Affembly. Anent the Affemblies anfwer, touching the head of allowing of the order of affignation of Minifters ftipends, &c. : The Affembly appointed Mi- George Hay, Commiffioner of Aberdeen, and Mr Alexander Arbuthnet, Principall of the Colledge, to prefent the faid anfwer to my Lord Regents Grace, and to report his Graces anfwer again thereanent. C] Seflio 7a- As concerning the appointing of fundrie kirks to one Minifter : To the end the matter may be plainer, and the mynd of the Kirk knawin to all men herein, the Kirk hes declarit, That howbeit fundrie kirks be appointit to ane "man; get fall the Minifter make his refidence at ane kirk, quhilk falbe properlie appointit to his charge, and he falbe callit principallie the Minifter of that kirk ; and as concerning the reft of the kirks to the quhilks he is nominat, he fall have the overfight thereof, and help them, in fick fort as the Biffiop, Superintendent and Commiffioner fliall think expedient, and as occaffion fall ferve from his awin principall charge, the quhilk he in no wayes may negfea : And this ordour only to remaine quhill God of his mercie fall thruft out more labourers vnto his harveft. [John Arefkine of Dun, Knight, Superintendent of Angus and Mernes, for certain caufes moving him, purely and fimpliciter demitted his office of Superintendentry in the hands of the Affembly prefently conveened, defiring them to provide for another in that room, that the country be not deftitute of ane overfeer ; not the lefs promifing to doe that thing which lyeth in his power for the comfort of the Kirk. In like manner, Mr John Spotfwood, Superintendent of Lothian, de mitted his office in the hands of the Affembly, defired them to provide for another in his room, that the countries whereof he had the overfight, be 1573. UNIVERSALL KIRK OF SCOTLAND. 297 not deftitute of a vifiter ; defiring alfo the Affembly to be mindfull of his pains and travells tane be him thefe 14 years bygane, in overfeeing and vifieng of the kirks from Stirling to Berwick, and labour in fuch fort, that he may be payed of his appointed ftipend, yearly not yet paid, either be payment of the fame whole together, or, at the leaft, that fuch a portion yearly be paid to him, ay and while the faid ftipend be compleatly payed. The Affembly promifed to travell with my Lord Regents Grace for per forming of the faid reafonable requeft, as occafion might ferve. Mr John Winrame, Superintendent of Stratherne, demitted purely and fimpliciter his office in the hands of the Affembly. Forfamikle as the Diocy of Glafgow is of great and large bounds, fo that impoffible it is that the Bifhop thereof may vifite the fame : In re fpea whereof, the Affembly thinks good, That there be two Commiffioners appointed to fupport the vifiting of the faid diocy, to plant kirks therein. The naming of them, and their bounds where they ffiall travell, and their ftipends for their travell was deferred ; but to be done before the diffolving of this Affembly. Mr Robert Pont, Commiffioner of Murrey, in refpe6t that George Douglas, Bifhop of Murrey, is admitted Bifhop of Murrey, purely and fimpliciter demitted his office of Commiflionarie. The Affembly ordaineth Alexander Sibbald, Commiffioner for Sana Andrews,' to warn Mr John Rutherford to produce his book before the brethren, appointed to revife the famine, upon Sunday at four hours after noon, in the Minifter of Edenburghs chamber. Incontinent Mr John per fonally compeared, and protefted as follows : Forfamikle as I Mr John Rutherford is required be the Affembly to communicate a certain book, which I have written, albeit not of purpofe to fett forth the famine, with out the advice of them to whom it appertaineth, to certain brethren, I proteft it prejudge not the jurifdiaion of the Reaor, nor be prejudiciall to me in any fort, feing it is but a free conference ; and the Reaor be immediate Judge, is one of the perfons with whom I am willing to com municate the fame ; and alledges my book to be imperfea, therefore fhould not produce it, nor will not produce it, till I fpeak and advife with my immediate Judge Ordinar, the Reaor of Sana Andrews, &c. And thereafter he departed incontinent out of the Affembly. Notwithftanding the forfaid proteftation, the Affembly ordained Mr Robert Hammilton, and Mr James Melvill, Minifters, To warn the faid Mr John to produce 2 p 298 THE BOOKE OF THE 1573. V his book before the forfaid brethren, on Munday at 8 hours before noon, in the Minifters chamber, to be tryed and fighted there, under the pain of difobedience to the Affembly. The Commiffioners appointed to try Mr John Davidfbns book, were the Laird of Dun, the Biffiop of Sana Andrews, againft whom Mr John excepted, but was not heard, Mr Robert Pont, the Dean of Aberdeen, Mr James Lowfon, Mr George Hay, Mr Alexander Arbuthnet. 1574. UNIVERSALL KIRK OF SCOTLAND. 299 A. D. M.D.LXXIV. The Generall Affembly haldin and begun [in the upper TolboothJ at Edinburgh the 7 day of Auguft 1574 : In the quhilk were prefent Barronis, Bifchops, Superintendents and Commiffioners to plant Kirks, Commiffioners of Provinces, Townes, Kirks, Univerfities, and Minifters. Johne Dunkanfone, Moderatour. Seflio la- The Affemblie vnderftanding that be the deceis of Johne Gray thair late clerk, the faid office of clarkffiip is vakand, and none as get is provydit therto ; and therefor befor any proceiding, that it is neceffar the faid rowme be filled, hes appointed thir brethren vnderwriten, viz. my Lord Deane of Aberdeine, Andro Hay, James Lowfone, Alexander Ar buthnet, Principall of the Colledge of Aberdein, James Melvill, Cle ment Litle, and David Lindefay, Minifter of Leith, (all Mafters) to appoint the leits of them, of whofe number the clerk is to be chofin. Quhilk brethren all in ane voyce nominat Mr James Ritchie, George Mackyfone, William Paterfone, Wryter, Patrick Fylder, fervant to Alexander Hay, clerk of the Secreit Counfell, to be the leits, of quhilk number the clerk of the faid Affemblie is to be efeait ; and in the meane tyme, quhill the faid clerk be chofin and receivit, the faid Affemblie hes ordainit Mr Andro Mylne to fupplie the place. [In the trial of Bifhops, Superintendents and Commiffioners : The 300 THE BOOKE OF THE 1574. Bifhop of Glafgow granted he had not exaaiy done his duty, alledging the caufe thereof to have been his occupation in temporall affairs of the Bifhoprick, and hearing Minifters preach at their own kirks ; and promifed amendment in time coming. The Bifhop of Dunkeld was complained upon, For not vifiting of the kirks of Lothian which belonged to his diocy : Secondly, That he had taine no order with the reader of Abernethie, for his refidence, nor for fatiffaaion of the flander given by him : Thirdly, For ufing Simonicall paaion with unquhill Archibald Earle of Argile. To the firft he anfwered, He had not opportunity to vifite the kirks of Lothian : As for the fecond, He promifed to take order with the faid reader : To the thrid he anfwered, That my Lord Argile compelled him to give certain penfions forth of the Bifhoprick, which he hath revocked fenfyne : As for not excommunicating the Earle of Atholl, as he was enjoined in the laft Affembly, could alledge no lawfull excufe. The Superintendent of Lothian was not complained upon, howbeit he did not vifite the whole kirks, feing his vifitation was free, and upon his own charges. For vifitation of the kirks, of diligences of the Bifliops, Superintendents and Commiffioners of provinces, and of the queftions and fupplications to be given into this prefent Affemblie, were appointed the brethren under written, to wit, John Porterfield, Mr Adam Johnfton, Mr James Melvill, Peter Watfon, John Dykes, Mr Robert Wilkie, William Chriftefon, Mr George Mackefon, to affemble every day before noon ane hour, and ane hour after noon, while the books be perufed, the bills, fupplications and queftions anfwered ; and what they doe herein, to report to this prefent Affembly. Seflio <&¦ The tenor of the examination of Mr John Keith, Dean of the Chapter of Murrey, and Mr Andrew Simpfon. Mr John Keith, Perfon of Duffus, and Dean of the Chapter of Murrey, being accufed, Why he being fummoned with the Chapter of Murrey to compear in Aberdeen before certain Commiffioners appointed be the Ge neral Affembly the 26 day of May, to try of the Bifhop of Murrey his 1574. UNIVERSALL KIRK OF SCOTLAND. 301 admiffion, ftayed not the time of triall of their procefs, according as he and they were commanded : Anfwered, That at their coming to Aberdeen to the paroich kirk before the faid Commiffioners, the Commiffioners began to intreat certain particular matters, concerning the ftate of the kirk there, and preferred not their caufe and the triall of their procefs to any other purpofe. The Commiffioners anfwered, That their untimeous coming caufed them to enter into another caufe ; and when they defired them to ftay till afternoon and the morning of the nixt day, they departed never- thelefs upon the 27 day, without giving any advertifement unto them. The faid Mr John being required, Whither, in confcience, he knew the approbation and witnefs given to the Biffiop of Murrey his life, doctrine and good behaviour was true, as was written in the procefs, and of what affured knowledge they gave it : He anfwered, That the teftimony of his converfation was only be report and brute as he heard, and not otherwife ; whereupon they proceeded to that witnefs given. Being demanded, Whither thefe that fubfcribed his admiffion were altogether prefent, and heard his triell of doarine and converfation : Anfwered, That the triell continued three days, but all were not prefent the faid three days together at the triell of his doarine ; but the laft day when they fubfcrived, all were prefent, except Alexander Winchefter. Mr Andrew Simpfon, Mi nifter in Forrefs, one of the faid Chapter, anfwered to the Second article, touching the caufe of their teftification of his willing mind, and uprightnefs to enter in the Bifhoprick, That that which they did was upon his own confeffion, who teftified as they wrote his fute to be, and becaufe he alledged he knew him at all times to be of fincere religion : To the Third he an fwered, That upon Sunday the 20 of December, the firft of the three days, the whole Chapter was prefent, except Mr Alexander Gordon, Chanceller of Murrey, Donald Dow and Alexander Winchefter. And upon the third day of examination, which was the 22 of December, All were prefent, except Donald Dow and Alexander Winchefter ; and thefe that were pre fent fubfcrived together. Mr George Hay, Mr Alexander Arbuthnet, and Mr John Craig, Mi nifter of Aberdeen, produced the procefs exhibite be the Dean and Chapter of Murrey the 26 of May 1574, concerning the admiffion of the Biffiop of Murrey to the faid Bifhoprick, together with their animadverfions upon the faid procefs, which they defired to be regiftered in the books of the Affembly. The Affembly appointed Mr John Keith and Mr Andrew 3°2 THE BOOKE OF THE 1574. Simpfon and the reft of the Chapter to anfwer thereto the nixt Munday, at nyne hours before noon. C.J Seflio 3a' Anent the creatioun of ane Clerk of the faid Generall Affemblie of the Kirk : It was vottit through the faid haill Affemblie, and concludit, That of the foure perfons appointit on the leits, Mr James Ritchie, be reafon the greateft part thereof gave thair confent to him, fould be clerk ; quho, in prefence of the whole Affemblie, folemnlie beand fworne to vfe the faid office of clerkfhip of the Kirk faithfullie, made promife to doe the fame, and acceptit the faid office vpon him. [The Affembly ordaineth Mr Andrew Hay to proceed to deprivation, conform to the order, againft John Anderfon, becaufe he had not keeped the Synodall Affembly thefe feven years bygane. The Affembly ordaineth, That humiliation and obedience being made be Tod in Glenquhome, he be admitted again to reading, and adminiftration as before. C.J Forfameikle as it is vnderftand to the faid Affemblie, That diuerfe Mi nifters within this realme vfes the office of Colfeaourie and Chamerlainrie vnder Bifchops and vthers beneficit perfons, quherthrow they are avocat from thair cures, and gives great occafion to flander the Kirk : Therfor it is ftatute and ordained in this prefent Affemblie, That fra this tyme furth no Minifter vfe and exerce the faid office of Chamberlainrie or Colfeaourie vnder whatfomever beneficit men, quherby they may be abftraait fra thair vocation ; and contraveiners therof to be depryvit of thair office, and to be fecludit therfra. Seflio 4a- [Anent the fupplication given in be Mr John Spotfwood, Superintendent of Lothian, dimitting in the hands of the Affembly his office of Superin- tendentry, as well be reafon of his age, now being unable to undertake the unportable travells committed to him in his office, as be reafon that fince his acceptation thereof, for the fpace of two years he received no ftipend ; 1574. UNIVERSALL KIRK OF SCOTLAND. 303 therefore defiring fome zealous able perfon to take the faid cure upon him, that the Kirk be not deftitute in thir perillous times : The Generall Affembly having confidered the faid fupplication, feing the prefent necef fity and ftate of time in danger, and appearand perrill effeaually to fucceed, in cafe the faid dimiffion were received, brotherly requefted the faid Super intendent, in the name of God, to continue in his office till the nixt Affem bly, ufing fuch diligence therein, as he may reafonably without hurt or damage to his perfon : and for affiftance and aiding of him in his travells, the Affembly hath appointed Mr David Lindfay, Minifter of Leith, or fuch two as he ffiall require within his bounds, who have promifed to concurr with him ; and in the mean time the Affembly fhall procure at my Lord Regents Grace, provifion to be made to him, and others of the like vocation and charge within the Kirk, for their ftipend. At the diet appointed Mr John Keith and Mr Andrew Simpfon, for the Dean and Chapter of Murrey, to give in their replyes to the animadver- fions produced be Mr Alexander Arbuthnet, Principall of the Colledge of Aberdeen, and his collegues, againft the procefs ufed be the faid Dean and Chapter in admitting of the faid Biffiop of Murrey to the Bifhoprick, conform to the laft aa of the Affembly in this cafe ; the faid Mr Alexander and Mr George Hay, one of his collegues, being perfonally prefent, com peared the faid Mr Andrew and Mr John Keith, and produced their re plyes in writt. The Aflembly continued their deliverance and anfwer in the faid matter till the afternoon. Seflio 5s- Anent the deliverance and determination of the General Affembly upon the impugnations given in be Mr George Hay, Commiffioner of Aberdeen, and his collegues, againft the procefs ufed be the Dean and Chapter of Murrey, in eleaion and admiffion of the Bifhop of Murrey to the faid Bifhoprick, produced by Mr Andrew Simpfon and Mr John Keith, and upon the replyes given in be the faid Mr John and Mr Andrew, for the part of the faid Dean and Chapter ; the faid Mr George and Mr Alexander Arbuthnet, one of his collegues, being prefent, and the faid Mr Andrew and Mr John likewife being perfonally prefent : the faid Affembly continued 304 THE BOOKE OF THE 1574. the pronouncing of the deliverance and determination of the faid matter to the tenth of this inftant. Seflio 6a- The Affembly hath concluded commiffion to be given to their loved brother John Arefkine of Dun, Superintendent of Angus, Mr George Hay, Commiffioner of Aberdeen, Mr Alexander Arbuthnet, Principall of the Colledge of Aberdeen, Mr John Craig, Minifter there, Robert Fairiie of Braid, John Heriot of Trabroun, or any three of them, to treat with mv Lord Regents Grace, upon the heads and articles concluded in this Affem bly to be prefented be them to his Grace, for refolution and anfwer to be had thereupon, conform to the commiffion granted to them thereupon ; whereof, with the tenor of the faids articles, the contents after follow ; and ordaineth a fupplication to be direa to his Grace for his Graces anfwer upon the faids articles. The tenor of the Commiffion given to the Commiffioners of the Kirk, for prefenting the Articles to my Lord Regents Grace. At Edenburgh the tenth day of Auguft 1574, the Generall Affembly of the Kirk of Scotland, conveened prefently within the fame burgh for intreating of fuch things as concern the glory of God and weal of the faid Kirk, underftanding be diverfe complaints proponed to them, the iniquity that univerfally abounds throughout this countrey ; as alfo having putt in confultation diverfe heads moft neceffar and godly, for the weal of the Kirk of God, and eftablifliing of the Evangell, wherein my Lord Regents Graces good affiftance and help would be earneltly craved ; Has given, granted and committed, and be the tenor hereof gives, grants and committs to their loved brethren, John Arefkine of Dun, Superintendent of Angus, Mr George Hay, Commiffioner of Aberdeen, Mr Alexander Arbuthnet, Principall of the Colledge thereof, Mr John Craig, Minifter there, Robert Fairiie of Braid, John Heriot of Trabroun, or to any three of them, their full, free and plain power to pafs to my Lord Regents Grace, and to prefent to his Grace humbly the faids heads and articles, which the faid Affembly hath putt in writt, direa with them to his Grace 1574. UNIVERSALL KIRK OF SCOTLAND. 305 to reafon and confer thereupon ; and to require his Graces anfwer upon the faids articles, to be reported again be them to their nixt Affembly : firm and ftable holding and for to hold whatfomever the faids Commiffion ers, or any three of them, in the premiffes, to the glory of God and his Kirk righteoufly leads to be done. C.J [The tenor of the Articles of the Generall Affembly of the Kirk of Scotland, to be proponed to my Lord Regents Grace be the Com miffioners of the Kirk. C. & B.] In the firft, That ftipends be grantit to Superintendents in all countreys deftitute thereof, whither it be quher ther is no Bifchops, or quher ther is Bifchops and may not difcharge thair cure, as the Bifchops of Sana An droes and Glafgow. Item, That in all burrowftouns, quher the Minifters therof are difplacit and ferves in vther kirks, that thair Minifters quho fervit them of befor, be reftoreit againe to awaite on thair cures, and they be not obleift to any vther kirk ; or els that vthers be placit in the faids townes. Item, That his Grace will give commiffion to certaine gentlemen in every countrey, that inceft, adulterie, witchcraft and fick odious crymes, quherwith the countrey is replenifhit, may be puniffiit. Item, That in every kirk deftitute of Minifters, fick perfons as are prefent and readie to be pfantit, be placit, and ftipends grantit vnto them ; whofe names falbe given vp be the Bifchops, Superintendents and Commiffioners. Item, In refpea that in the ecclefiafticall funaioun ther is two only diftina offices of teaching, the Doaour that interpretes the Scriptures, and the Minifter to preach and apply the fame : That his Grace will take ordour, that Doaours may be placit in Univerfities, and ftipends grantit vnto them ; querby not only they quho are prefentlie placit, may have occafion to be diligent in thair cure, but alfo vther learned men may have occafion to feik places in Colledges within this realme. [Item, That his Grace will take ordour with the Minifters, to whom there was reftand awand of the Colleaors of the years bygane, certain refts that may be paid. Item, That the faids Commiffioners travell with his Grace for Mr John Davidfon, anent his kirk. C.J 2 Q 306 THE BOOKE OF THE 1574. Item, That his Grace will take ane general ordour with the pure, efpecially in the Abbayis, fick as Aberbrothock and vthers, conforme to the Aa made at Leith ; and in fpeciall to difcharge teind fybowis, leiks, keale, ongoons, be ane aa of the Secreit Counfell, quhill ane Par liament be conveinit, that they may be fimpliciter difchargit. Item, That his Grace will grant commiffion to certaine perfons in every dyocie to fitt in caufes of divorcement, quher the parties are poore. [Item, Becaufe there are fundry Biffiopricks vacand, fuch asDumblaine, Roffe and others, That his Grace wald take order that fome qualified perfons be provided thereto with diligence. C. & B.J [Item, Becaufe there are diverfe Minifters, whofe cures are augmented and ftipends diminifhed, That his Grace take order therewith. C.J Item, That his Grace wald caufe the books of the Affignatioun of the Kirk be delyverit to the Clerk of the Generall Affemblie. [Item, Forfamikle as there is diverfe books fett out be Jefuits and other hereticks and erroneous authors, containing manifeft contumelies and blafphemies againft God, and his revealed truth, and yet are dayly in- brought in this countrey be Poles, crammers and others, to the heavy offence of the Kirk of God, That his Grace will provide remeed. Item, It is underftand to the Generall Affembly be credible report of certaine learned men lately arrived within this countrey, that a French printer of the beft renowned this day, nixt Henricus Stephanus, being banifhed with his wife and family from his countrey, hath offered unto them to come in Scotland, and to bring with him three thoufand franks worth of books, and to print whatfoever work he fhould be commanded ; in fo much that there fhould not be a book printed in French or Almain, but once in the year it fhould be gotten of him, if he might have fure provilion of a yearly penfion of three hundreth merk ; which indeed is ane offer fo comfortable to the countrey and Kirk, that it ought not to be overfeen : That his Grace will confider the fame offer, and take order therewith. 1574. UNIVERSALL KIRK OF SCOTLAND. 307 The form of the Supplication direa to my Lord Regents Grace be the Affembly, with the Articles. The General Affembly of the Kirk of Scotland, conveened at Eden burgh the 7 day of Auguft 1574, to my Lord Regents Grace wifheth perpetuall profperity, and increafe of the Holy Spirit. It will pleafe your Grace : In this our late Affembly diverfe great enormities and faults being found univerfally through the countrey, pro poned for amendement thereof, and whereof very neceffity craveth to have had correaion ; as alfo fundry other heads being putt in this confultation, very neceffar and profitable for the advancement of the Kirk of God within this realme : moft neceffar it was thought of all, that your Graces help and affiftance fhould be fought and implored thereunto, that the wrath of God, which prefently hangeth over this realme be reafon of the fame enormities, may be taken away ; and therefore we have direa com miffion to our beloved brethren, John Arefkine of Dun, Mr George Hay, Commiffioner of Aberdeen, Mr Alexander Arbuthnet, Principall of the Colledge thereof, Mr John Craig, Minifter thereof, Robert Fairiie of Braid, John Heriot of Trabroun, or to any three of them, with certain articles to be prefented to your Grace for reformation of fuch things as are contained in the fame ; whereof we doubt not, feing the famine are both godly and honeft, and for the weal of the Kirk of God, which we doubt not but your Lordfhip tenders, but your Grace will give a reafon able and godly anfwer thereto ; feing your Grace is and ffiould be the father of the Kirk and common weal, which we recommended to your Grace, praying God to preferve the fame in good eftate, to the comfort of his Kirk, and the common weal of this realme. From Edenburgh the eleventh of Auguft 1574. Your Graces moft humble Subjea, Mr James Ritchie, Clerk of the General Affembly, at the commandment thereof. Seflio 7^ For reading and anfwering to the fupplications and complaints giren 308 THE BOOKE OF THE 1574. to the Affembly, this prefent Affembly nominates and appoints their bre thren, Mr David Cunninghame, Mr James Carmichael, Minifter of Hadin- ton, William Sanderfon, Minifter at Whittinghame, Alexander Fofter, Minifter at Tranent. C.J Forfamikle as it is vnderftand to the General Affemblie of the Kirk, that ther is diverfe perfons quho, in their wyfes tyme, committs adulterie with vther mens wyves, and therafter, after thair wyves deceife, maries them quhom they have polluted in adulterie : Therfor it is ftatute and ordanit be this prefent Affembly, That Bifchops, Superintendents and Commif fioners of provinces charge all fick perfons fo joynit in that flanderous and vnleifum band, to feparate themfelves and abftaine fra vther, vntill the tyme it be decydit be the Judge Ordinar, Whither the faid mariage be lawfull or not, vnder the paine of excommunication to be execute againft diffobeyers. [In the books of vifitation which ffiall be prefented to the Affembly be the Bifhops, Superintendents and Commiffioners of provinces, it is ordained, That the names of their kirks be given up in fpeciall be them in the be ginning of the faids books. Anent Bifhops, Superintendents and Commiffioners of Kirks, who fhall be found negligent in their office, or doe not their dutifull charge, either in their vifitation, doarine or life : The Affembly hath decreed and ordained, That they fhall be punifhed and correaed according to the quality of their faults, either be admonition, publick repentance, deprivation for a time, or deprivation fimpliciter, at the fight of the faid Affembly. Seflio 8a- Anent the time appointed be the General Affembly to pronounce their deliverance and anfwers upon the impugnations produced be Mr George Hay and his collegues, againft the procefs of admiffion and eleaion of the Bifhop of Murrey, produced be Mr Andrew Simpfon and Mr John Keith in name of the Chapter and Dean of Murrey, and upon the replyes made thereto : The faid Affembly underftanding, That the faid Bifhop hath fpeciall interefs in the faid caufe, and is not fummoned thereto, ordaineth a citation to be direa out for fummoning of the faid Biffiop, Dean and Chapter, in the premiffes to the nixt Affembly ; and appointeth John 1574. UNIVERSALL KIRK OF SCOTLAND. 309 Durie, Minifter of Edenburgh, and Mr George Mackefone, Soliciter of the Kirk, to travell with the procurators of the Kirk, for libelling of the faid fummons againft them, and to fee that diligence be ufed for raifing thereof. Ordains Mr Andrew Milne, Minifter, to caufe the Superintendent of Mernes and Angus to fend over the Conference had at Leith, to be aaed in the books of the Affembly. C.J Tuiching the complaint made vpon the Bifchop of Dunkeld, for minif tration of the holy fupper vpon worke dayes, at the kirks within his jurif diaioun : It is thoght good be the Generall Affembly, That the faid Bifchop forbeare the miniftratioun of the faid facrament vpon worke dayes, and caufe it to be miniftrat vpon the Sabboth dayes, according to the ordour of the reft of the kirks within this realme. [Forfamikle as in the aas of the General Affembly concluded of before, the faid Bifhop of Dunkeld was decerned and ordained to pronounce the fentence of excommunication againft John Earle of Atholl, wherein not withftanding nothing is proceeded, but the faid aa plainly contraveened : Therefore it is ftatute and ordained, That the faid Bifhop proceed againft the faid Earle with the fentence of excommunication within 40 days nixt thereafter, under the pain of fufpenfion of him from his faid office ; and to the obfervation of this prefent aa, the faid Bifhop hath interponed his faithfull promife. The fame day, complaint being made upon John Brand, Minifter of Halyrudhoufe, That he had not pronounced the fentence of excommuni cation againft Alexander Bifhop of Galloway, conforme to the aa of the Generall Affembly made of before: It was ftatute and ordained, That the faid John proceed againft the faid Biffiop and pronounce the fentence of excommunication againft him, if the faid Bifhop compeared not betwixt and Lambmefs nixt, and fatiffy the faid Kirk, under the pain of depriva tion of the faid John of his office, in cafe he failzie therein. C] Seflio 9°" [Forfamikle as be imprinting and putting [to] light of works repugnant to the truth of Gods word, or containing manifeft error, the weak ones of the truth may be heavily prejudged and feduced from the truth : There- 310 THE BOOKE OF THE 1574. fore the Generall Affembly prefently conveened, all in one voice have given power to their loved brethren, Mr Robert Pont, Proveft of the Trinity Colledge, Mr James Lowfone, Minifter of Edenburgh, Mr David Fergufone, Minifter of Dumfermline, Mr David Lindfay, Minifter of Leith, Mr Clement Little, one of the Commiffioners of Edenburgh, John Brand, Minifter of Halyrudhoufe, or any three or four of them conjunaiy, To vifite and overfee all manner of books or works that fliall be proponed to be printed, and to give their judgement thereupon, if the famine be allowable and approved be the Law of God or not ; their judgement and opinion thereof be their fubfcription and hand writt to witnefs and teftify for relief of fuch as fhall read the faid works : which commiffion of over fight forfaid the faid Generall Affembly willeth to endure firm and ftable to their nixt Affembly. For reviewing and fighting of the hiftory of Job compiled be Mr Patrick Adamfone in Latine verfe : The prefent Affembly hath willed their loved brethren, and the right honourable Mr George Buchanan, keeper of the Privy Seal, Mr Peter Young, Pedagogue to our Soveraign Lord, Mr Andrew Melvill, Mr James Lowfon, Minifter of Edenburgh, to take travell in perufing of the faid work ; and if the fame be found be them agreeable to the truth of Gods word, to authorize the famine with tefti- mony of their hand writt and fubfcription. C. & B.] [Anent the petition of Mr Robert Pont and Mr Thomas Makcalgean, two of the Senators of our Soveraign Lord his Colledge of Juftice, pro poned in name and behalf of the laid Colledge, defiring the Generall Affembly to provide, That the readers of ilk kirk note up the names of the perfons departed within their parifhes yearly, and deliver the famine to the Superintendents to be exhibite be them at ilk Af fembly : For fatiffieng of the faid petition, it was thought good and delivered be the faid Affembly, That the readers at every kirk, in the Synodall Aflembly prefent the catalogue of the names of the perfons de ceafed within their paroich to their Superintendents, to the effea that they may report the fame to the Generall Affembly, to be delivered to fuch as fhall be appointed be the faids Lords for receiving of the fame. C.J For avoyding of Simonie in the Kirk, the haill Affembly of the Kirk, all in ane voyce, hes vottit, concludit and deereit, That all fick perfons as either buyes or fells benefices, or vfes any vther kynd of couping thereof, either direaiie or indireaiie, falbe depryvit of all kynd of funaion within 1574. UNIVERSALL KIRK OF SCOTLAND. 311 the Kirk, and the difcipline of the Kirk ftrike vpon them with all kynd of rigour and extremitie ; and the buyers, fellers, or vtherwayes coupers of the benefices to tyne the fame for ever. It is ordained, That the Clerk of the Affembly receive of the Bifhops, Superintendents and Commiffioners, the names of the Minifters and readers provided fince the deceafe of unquhill John Gray, late Clerk of the faid Affembly, with the day and date of their admiffions, to the effea their names may be infert in the books of the Kirk. Ordains to writt to the brethren Commiffioners appointed for prefenting the articles concluded in this Affembly to my Lord Regents Grace, to receive the faids articles with their commiffion and fupplication to his Grace ; and, in fpeciall, to putt them in remembrance touching Mr John Davidfons Dialogue. That the Bifhop of Dunkeld, for his departing before the diffolution of this prefent Affembly, againft the tenor of the aa made the 13 of March 1572, be delated at the nixt Affembly. The Commiffioner of Cliddifdaill, Ranfrew and Lennox refigned over in the-hands of the Affembly his commiffion in thefe parts, praying the Affembly to provide fome qualified zealous perfon in his place, that the countrey grow not to all kind of infolence and diffolution ; which dimif fion the faid Affembly, in refpea of the prefent ftate and neceffity of time, would not receive, requefting him brotherly to continue in his commiffion till the nixt Affembly, with fuch diligence in his office as he may reafon- ably ufe, that the Kirk be not deftitute in the mean time. The tenor of the commiffion given to Mr John Robertfon and Robert Grahame, Commiffioners of Cathnefs. At Edenburgh, the eleventh day of Auguft, the year of God 1574 years. The whole Kirk prefently affembled, in one voice and mind, giveth full commiffion, fpeciall power and charge to their loved brethren, Mr Robert Grahame, Archdeacon of Roffe, and Mr John Robertfon, Thefaurer there of, conjunaiy and feverally, to pafs to the countries of Cathnefs and Sutherland, and there to vifite Kirks, Colledges and Schools and other places needfull within the faids bounds, and in the famine to plant Minif ters, Readers, Elders and Deacons, Schoolmafters and others members neceffar and requifite for ereaing of a perfea reformed Kirk ; fufpend 312 THE BOOKE OF THE 1574. for a time or fimpliciter deprive fuch as they ffiall find unworthy or not apt for their office, whither it be for crimes committed or ignorance ; aboliffi, eradicat and deftroy all monuments of Idolatry ; eftabliffi and fett up the true worffiip of the eternal God, as well in Cathedrall and Colledge Kirks, as in other places within the faids bounds, conform to the order taine and agreed on in the Book of Difcipline ; and alfo to fearch and inquire the names of all thefe that poffefs benefices within the faids bounds, at whofe provifion they have been ; and if any vaike or happen to vaike within the Commiflionary, to confer and give the famine to the perfons qualified, and being prefented be the juft patrons of the famine, the due examination preceeding, to rejea and refufe fiich as they fhall find unable and not apt thereto, as they will anfwer to God and the Kirk thereupon : Their diligence to be done therein with thir prefents, to report them to the nixt Affembly, where it fhall happen to be holden for the time. Given in the Generall Affembly and 9 Seffion thereof. Subfcribed be the Clerk of the fame, day, year and place forfaid. Seflio 10a- Anent the anfwers reported from Mr Robert Hamilton, Minifter of Sana Andrews, direa to the Moderator prefent, to the bill direa from the Affembly to him for his compearance before them to anfwer fuper inquirendis, excufing him be the bufinefs of the Colledge, and be the Super intendent of Stratherne who declared to him that the Affembly was to diffolve incontinent : The Generall Affembly of the Kirk giveth com miffion to Mr John Spotfwood, Superintendent of Lothian, Mr Robert Pont, Proveft of the Trinity Colledge, Mr David Lindfay, Minifter at Leith, John Brand and the Kirk of Edenburgh, with any three of the fornamed perfons, conjunaiy to fummon the Minifters, Elders and Dea cons of Sana Andrews to compear before them and to try the caufe, why the Faft was not keeped among them according to the Aa of the faid Affembly ; and of the violation of the Sabbath day by profane playes, and fuch other things as they fhall inquire of them at their coming ; and what beis done be them hereinto, to certify the brethren in their nixt Affembly. The brethren underwritten, they are, to witt, Mr Robert Pont, Proveft 1574. UNIVERSALL KIRK OF SCOTLAND. 313 of the Trinity Colledge, and the reft of the Commiffioners depute be the Kirk to the conference with my Lord Regents Graces Commiffioners, re produced in plain Affembly the tenor of the faid conference, hinc inde in writt ; which conference the faid Aflembly caufed deliver to Mr George Mackefone, Soliciter for the Kirk, to be copied and given out in examples to the Bifhops, Superintendents and Commiffioners of the Kirk and Mi nifters, as he fhould be required upon their reafonable charges. Queftio, To the queftion moved to the Affembly, C] Whither if the parochiners of a towne, or the Proveft and bailies thereof, aught to have the efeaioun of thair awin belman and Clerk : It is anfuerit, That fick as payis them fould choofe them. [The brethren appointed for vifitation of the books of Bifhops, Super intendents and Commiffioners of provinces, gave their judgement thereof in writt to the Aflembly. Forfamikle as it is neceffar, in cafe of the Affembly of the Eftates of the realme or Parliament, that the Kirk be refblved in fuch things as they have to propone to the fame, which neceffarly requires a certain fpace of before : Therefore C.J The brethren hes thoght good, in cace of any Parliament to be haldin, or any vther weghtie caufe requyreand necef- farlie the prefence of the body of this haill Affemblie, That the Superin tendent of Louthiane, Mr James Lowfon, Minifter of Edenburgh, Mr David Lindefay, Minifter of Leith, make laufull premonitioun and adver tifement to thair brether, to be prefent vpon fick competent fpace befor as they fall think needfull ; quhilk Convention of before falbe recountit for ane Affembly. That abfents from this Affembly be fumound to the nixt Affemblie to heir them convia of abfence ; and punifchment to be joynit to them at the fight of the Kirk. 2r 314 THE BOOKE OF THE 1574. A. D. M.D.LXXIV. The Generall Aflembly begun and haldin at Edinburgh [Counfell houfej the vij day of Marche 1574 : In the quhilk were prefent Earles, Lords, Bifchops, Superintendents, Commiffioners to plant Kirks, Commiffioners of Provinces, Townes, Kirks, Vniverfities, and Minifters. James Bifchop of Glafgow, Moderatour. Seflio la- [In the trial of Superintendents, Bifhops and Commiffioners, The Super intendent of Angus was complained upon, that quires within his diocy were ruinous : He anfwered, He had appointed takfmafters within every paroich, raifed letters and ufed diligence, and farther upon his own coft fupported diverfe quiers as he might. The Biffiop of Dunkeld was delated, for not proceeding againft the Earle of Atholl to excommunication ; that he departed from the laft Affembly before the diffolving thereof; for making Simoniacall paaion with unquhill Archibald Earle of Argile. To the firft he anfwered, That he had ufed admonitions againft the Earle of Atholl, who defired fome conference of godly and learned men, to the effea he might be refolved in fuch doubts of religion as prefently move him, feing that hitherto he hath not heard preaching ; and required the aid of the Superintendent of Angus, the Superintendent of Lothian, Mr John Winram, Prior of Port mook, Mr James Lowfon, Minifter of Edenburgh, Mr George Hay, Com miffioner of Aberdeen. The Superintendent of Lothian was abfent : But the Affembly ordained the reft, or any three of them, to confer with his 1574. UNIVERSALL KIRK OF SCOTLAND. 315 Lordffiip afternoon, and to confer with him upon fuch heads of religion as he ftandeth unrefolved in, and to report his anfwer to the Affembly. To the fecond he anfwered, That he being advertifed of a bairne deadly fick who foon after departed, went in heafte out of the town, without advertifement of the brethren ; and if this excufe was not fufficient, was content to underly the will of the Affembly for a penalty. To the thrid he anfwered, He made no paaion for the promotion of him to the Bifhoprick, but refufed when he was required. Seflio 2* The Bifhop of Brechin complained upon the Bifhop of Dunkeld, That in the laft Affembly he ffiould have alledged that he was compelled be the Earle of Argile, now refting with God, to give out penfions, which alled- gance was a flandering of the Nobleman departed, and defired it to be proven. The Biffiop anfwered, That he declared he was preffed be the faid unquhill Earle of Argile to doe fomething againft his will. He ffiall give in writt his declaration wherein he was preffed ; and if he have failed in terms, he ffiall refer him to the brethren. The brethren appointed him to exhibite the declaration in writt upon Wedenfday. The Biffiop of Murrey removed, It was remembred be fome of the brethren that the queftion is yet undecided, if he be Biffiop lawfully chofen or not ; which moft firft neceffarily be refolved, before he be tryed in life and doarine as a Bifhop. The Affembly deputed their brethren under written, Mr John Winram, Prior of Portmook, &c, Mr Andrew Hay, Commiffioner of Ranfrew, &c, Mr David Cunninghame, Mr Andrew Melvill, Principall of the Pedagogie of Glafgow, to conveen the morne at feven hours, and advife with the procefs of the faid Bifhops eleaion, and thereafter give their opinion and judgement anent the faid queftion. The Biffiop of Glafgow being removed, It was complained, that fundry Papifts are within his bounds adjoined to the Kirk, and yet doe not com- municat ; and that a great number of kirks within his diocy are ruinous. To the firft he anfwered, It was true, but he defired the Aflembly to pre- fcrive fuch order and difcipline as fhould be ufed againft them, which he promifed to follow. And as to the ruinous kirks, It is not in his power to repair the fame ; albeit he had ufed the common order for reedifieng of them. 316 THE BOOKE OF THE 1574. Mr George Hay, Commiffioner of Aberdeen, was complained upon, That the Synodall Affemblies were not keeped be him ; and a day being appointed for the Synodall Affembly, he difcharged the fame ; and further, that none of the Minifters, betwixt Dee and Spey, conveened to this Affembly : nixt, That the moft part of the kirks were ruinous through his diocy : and laft, That there was no difcipline ufed againft hainous offen ders within his bounds. To the firft he anfwered, That the Synodall Affemblies were keeped ; and that the Affembly appointed to be holden in Turreff was difcharged be him, be reafon he might not be prefent there at, being occupied in reconceiling of the deadly feid ; as for the Minifters who were abfent, they had promifed to be prefent, namely Mr Craig, who had fent his excufe in a letter. As for the fecond, He had appointed takf mafters, and ufed the order that become him. What he had done for cor- reaing of vitious perfons and injoining difcipline to them, referred to his books of vifitation. Mr Patrick Adamfon, Commiffioner of Galloway, confeffed he had not ufed that diligence which lyeth to the full execution of his office, becaufe no ftipend was appointed for the fame ; and yet did pro virili. Mr John Row, Minifter of Perth, detained in his bed be the fever, fent his excufe to the Affembly, and willed them to appoint fome learned men for further triell of Mr Andrew Grahame, fon to the Laird of Morphie, prefented be my Lord Regents Grace to the Chapter of Dumblane, to be promoved to the Bifhoprick thereof. The Affembly direaed the faid Mr Andrew to give proof of his doarine before the whole brethren who fhall be affembled in the Counfell houfe, the morne at eight hours, upon the text appointed be them to him. The brethren appointed to confer with my Lord Atholl, reported, That he was not fully refolved in fundry heads of religion, and defired he might have fome conference with fome of the graveft of the Miniftry, as the Superintendent of Angus, the Prior of Portmook, Mr James Lowfon, Mr George Hay, Commiffioner of Aberdeen, promifing of his honour, that he ffiould affift my Lord Bifhop of Dunkeld for punifhing of offences within his bounds, and fetting fordward of his Synodall Affemblies, and that no flander or offence ffiould be found within his houfe. The Affem bly appointed the fame brethren to confer and reafon with him till the morne. 1574. UNIVERSALL KIRK OF SCOTLAND. 317 Seflio 3a- Anent the judgement of the brethren, touching the queftion anent the triell of the Bifhop of Murrey : The Affembly findeth it meet, and or daineth their brethren, appointed before to deliberate upon this difficulty, to propone their judgement therupon at afternoon. After the exercife made be Mr Andrew Grahame, efea of Dumblane, the Affembly, for better triell of the faid Mr Andrew his doarine and erudition, appointed Mr James Lowfon, Minifter of Edenburgh, Mr Andrew Hay, Commiffioner of Ranfrew, Mr John Winram, Prior of Portmook, Mr Robert Matlane, Dean of Aberdeen, Mr George Hay, Commiffioner of Aberdeen, Mr David Cunninghame, Mr Andrew Mel vill, to try the faid Mr Andrew be queftions on the Scripture, at two afternoon ; and fo many as were prefent before, to be prefent at this triell. The Affembly findeth it meet, that the Earle of Atholl his demand be given in writt with his offers, and appoints Mr David Lindfay, Minifter of Leith, and Mr George Hay, Commiffioner of Aberdeen, to require the fame of his Lordfhip ; who, at the fame inftant, being difpatched from the Affembly to the Earle, returning, reported, That his Lordffiip futed a delay, while he might have confultation of learned men to the refolution of difficulties ; and what he had promifed of before, of his honour he fhould keep the fame to the leaft point. The Affembly earneftly craving the faids Lords converfion, and willing to win him be all means poffible, that he might be joined to the Society of the Kirk, affigneth to the faid Lord, betwixt and Midfummer nixt, to be refolved in the points of reli gion ; and if he failgie therein betwixt and the faid day, and continueth in his former opinion, flanding obftinat therein, ordaineth the Biffiop of Dunkeld to proceed againft him with excommunication, under the pain contained in the Affembly preceeding made thereupon : And, in like manner, to proceed with the fame fentence againft his Lady, if, betwixt and the faid day, the join not herfelf in like manner to the religion, ac cording to the order prefently eftablifhed ; with admonitions in the mean time to be made to that effea. Touching the complaint of the Biffiop of Glafgow, that his bounds belonging to his jurifdiaion was fo large and wide, that one perfon was not able to vifite and overfee them : Whereof the Affembly having con- 318 THE BOOKE OF THE 1574. fideration of before, gave commiffion to Mr Patrick Adamfon and Mr Andrew Hay, to vifite certain parts and bounds limited in their commif- fions, who, for inlaike of ftipend, may not await thereupon : And feing he payeth his thrid, and cannot upon the two part fuftain them, defireth the Affembly to take order herewith : Who ordained ane humble fupplica tion to be made to my Lord Regents Grace for providing the faids Com miffioners for byganes, till farther order be taken, to be prefented to his Grace be John Arefkine of Dun, and Mr James Lowfon, Minifter of Edenburgh, and to report his Graces anfwer the morne. In name of my Lord Maxwell, Lord Hereis, Lairds of Dumlanrig, Clofeburn, Larg, James Crichton of Garko, prefented a letter to the Affembly, wherein they lamented, that thefe three years bygane, their bounds, for laike of Superintendents and vifiters, had become altogether forgettfull of their duty toward God, and altogether before this time had ffiaken off obedience, if Mr Peter Watfon had not taken pains to vifite, and water the poor ones with the Evangell ; defiring therefore the bre thren to give commiffion to the faid Mr Peter to vifite the faids bounds, as their letter dated at Dumfreis, fubfcribed with the faid Noblemens hands the day of February 1575, bears : Wherewith the faid Affem bly being advifed, commending the zeal of the faid Noblemen, hath given, and be thir prefents gives commiffion to the faid Mr Peter to vifite the bounds of Nithifdaill, [and] Annandaill, conform to the commiffion given to him to that effea, till the nixt Affembly. In like manner, The Affembly giveth commiffion to their brethren, Mr Andrew Clayhill to vifite the bounds of Tiviotdaill and Tweeddaill, and to plant Minifters, &c, conform to the commiffion given to him thereupon. Sicklike, Giveth commiffion of a Superintendentffiip to Mr John Win ram, Prior of Portmook, in the bounds of Fife and Stratherne, exeeming the bounds appertaining to the Biffiop of Dunkeld. The Superintendent of Angus and Mernes continued in his office till the nixt Affembly, and the Biffiop of Brechin required to be prefent with him at vifitation, that he may fee the order and proceeding ufed be the Superintendent in his office. For fatiffieng the complaint given in againft the Bifhop of Dunkeld, for not appointing of Minifters to Prefton and Bonkle, The Affembly ordaineth the Bifhop to plant Minifters at the faids kirks, and to vifite the fame, that no farther complaint be heard. 1574. UNIVERSALL KIRK OF SCOTLAND. 319 Seflio 4a- For reading and anfwering of bills and complaints, The Affembly appoints their well beloved brethren, Mr Patrick Adamfon, John Brand, Mr Gilbert Gardin, Minifter at Elgine, and George Scot, to conveen in the Ile of the kirk, at feven hours in the morning, and at one afternoon, till the fame be wholly refolved and anfwered, and to remitt fuch as they find doubtfull to the confultation of the whole Affembly. Anent the fupplication given in be Alexander Bifhop of Galloway, defiring the Generall Affembly that he may make fatiffaaion in any kirk to be commanded be them, without fackcloath, and namely within his own jurifdiaion, feing that, by reafon of his non compearance before them, he was ordained to be excommunicat, then being at the horn and unable to compear, as the fame at length bears : The faid Alexander removed out of the Affembly, the] brethren after long deputation whither the faid decreet ought to be fatiffied, notwithftanding the alledgance of horning, or if he fhould be heard, notwithftanding the decreet given againft him, to anfwer to the accufations which of before were laid to his charge, Found in refpea of the alledgit impediment of horning, that once yet he ffiould anfwer to the fame accufations. And being called in Affembly, the par ticular heads of accufation, contained in the books of the Affembly, read in his prefence, anfwered to every accufation orderly : And to the firft, That he was compelled be authority that then was to accept the Miniftry, and was chofen be the flock then prefent : And to the fecond, Grants he preached the Queens authority to be lawfull, and injoyes the priviledge of the Pacification : To the thrid, He made prayers for her, and otherwife would not have been fuffered to preach : And as to the condemning and accufing of the Minifters, Denyes the fame, with the ferd accufation : And as to the fift, anfwered, That he with certain others in the firft Regents time in Parliament, protefted, that in cafe the Queen were fett at liberty, that their promife and faith were fred : and denyeth the fixt accufation, with proteftation to the Affembly, that they would have fome confidera tion of his cafe, feing in Gods prefence he damns his former offences. Who being removed again out of prefence, after deliberation and long reafoning upon the whole circumftances and eftate of the matter, with confideration of my Lord Regents Graces requeft made in his favours, the 320 THE BOOKE OF THE 1574. brethren ordained the faid Bifhop to appear before the Kirk of Halyrud houfe, without fackcloath, upon Sunday nixt to come, and in prefence of the congregation therein conveened, humbly to confefs his offences and afk the Eternal God mercy. The brethren depute to the penning of their judgement upon the quef tion moved upon the Bifhop of Murrey his triell, gave in their opinion in thir words : That they think it needfull, in refpea of the fufpicion con ceived be the triall of his doarine and manners, that he give perfonally fuch tryal of his doarine as the fhortnefs of time will permitt ; and ficklike, that he make his purgation of the flanderous crimes whereof he was ac cufed in the Affembly before, without prejudice of the procefs depending. The determination hereof the brethren referved till the morne. Seflio 5a- For vifitation of the books, The brethren appoints Mr James Melvill, Mr James Hepburne, Mr Adam Blackhall, Mr Andrew Clayhills, Mr Peter Primrofe, to concurr and meet at two hours afternoon where they think expedient, and continue in perufing thereof, while the fame be throughly read and confidered, and to report to the Affembly what they find in the fame. The Superintendent of Angus and Mernes reported my Lord Regents Graces anfwer anent the Commiflions of the Bifhop of Glafgow and Su perintendent of Lothian, That his Grace promifed to take order there with. Anent the judgement of the brethren depute to the triell of the Bifhop of Murrey, referved to this days determination : The whole Affembly, according to the opinion of their faid brethren, thought their judgement moft probable ; therefore calling in the faid Biffiop, demanded, How he had fatiffied the aa of Affembly, concerning the purgation of the flander : who anfwering, That he come before the Bifhop of Sana Andrews now refting with God, and fatiffied the faid aa, whereof notwithftanding he had no witneffes to affirm his affertion. The General Affembly gave com miffion to their brethren, the Superintendent of Fife, Mr James Wilkie, Reaor of Sana Andrews, Mr William Cooke, Commiffioner of Sana Andrews, prefent, to take the faids Bifhops purgation of the faid flander 1574. UNIVERSALL KIRK OF SCOTLAND. 321 the morne, in the faid manner as he ffiould have done before the Bifliop and Kirk of Sana Andrews ; and becaufe he is prefently under medicine, that he may not travell for teaching to give proof of his doarine, deputes their brethren, Mr John Winram, Superintendent of Fife, Mr George Hay, Commiffioner of Aberdeen, Mr Andrew Melvill, to conferr and reafon with him upon the points of religion the morne at feven hours, and what they find thereanent to report to the Affembly. Anent the opinion of the brethren appointed to vifite the procefs of the eleaion and examination of the Biffiop of Roffe : The whole Affembly, according to their judgement, found it meet, that he give new proof of his dodtrine and literature in prefence of the Affembly, upon Saturday at eight hours, and appointed to him the laft part of the firft chapter of Zechary. Becaufe in the Affembly holden in Auguft laft, ane aa and ordinance was made for fummoning of the Chapter and Biffiop of Murrey, to hear triell taken of the procefs of his eleaion, wherein notwithftanding nothing is done nor putt in execution be the brethren appointed to take triell therein, be reafon of pretended ignorance of the faid ordinance ; therefore be univerfall confent of the brethren, it is of new concluded, That a cita tion be direaed out againft the faid Chapter, and Biffiop for his intrefs, for produaion of the faid procefs in the Affembly nixt to come, to hear and fee triell taken thereof, with certification if they compear not, the famine fliall be declared null and void in the felf ; and for execution of the faid fummons, the faid Affembly hath appointed Mr Robert Grahame, Com miffioner of Roffe, now prefent and accepting the charge. For redrefling of the general complaint made be fundry brethren, That the exercife within towns is difhaunted, and that Bifhops, Superintendents and Commiffioners are not fo diligent as duty requireth to attend the keeping thereof, the famine being fo neceffar a mean to the furtherance of the courfe of true doarine : It is ftatut and ordained, That all Bifhops, Superintendents and Commiffioners within their bounds be carefull and diligent to enterteane the faid exercife upon the days appointed thereto, and fpecially the Superintendent of Fife. The Affembly appoints the morne at two hours to the Commiffioners appointed to the conference with Mr Andrew Grahame, efea of Dunblane, to conferr and reafon with him as was injoyned before. C.J 2 s 322 THE BOOKE OF THE 1574. Seflio 7a- Forfameikle as the greateft part of the doaors and interpreters of the Scriptures that hes travellit in the interpretatioun and expofitioun of the fame, hes wrytin and comentit in the Latine tongue, and therfor it is thoght neceffar for fick as enters in the funaion of the Miniftrie, to have vnderftanding and knowledge of the fame : Therfor the Generall Affem blie of the Kirk hes votit and concludit, That, fra this tyme foorth, nane falbe admittit to the funaioun of a Minifter within the Kirk, be the Bifchops, Superintendents and Commiffioners of countreyis, but fick as hes vnderftanding in the Latine tongue, and are able to interpret the Comentares wrytin in the fame language, and fpeake congruous Latine, except fick as be examination of the Generall Affemblie of the Kirk, for thair lingular graces and gifts of God, falbe found able be them to vfe thair funaion without knowledge of the Latine tongue. [Seing not only it becomes the true Meffengers of the Word of Salva tion to bear in their confcience a good teftimony of unfained humility and limplicity of their hearts, but alfo in externall habit and behaviour to reprefent the fobriety and humility of their minds, that the mouths of the godlefs generation which are opened to blafpheme the godly calling of the Miniftry, may be fhut up from juft accufation and flandering of the lame ; therefore, be determination of the whole Affembly, it is ftatut and ordained, That all that ferve within the Kirk apparell themfelves in a comely and decent cloathing, as becometh the gravity of their vocation, and that they conforme their wives and families thereto, that no flander nor offence arife to the Kirk of God therethrough. And to the effea it may be noti fied to the whole brethren, what ought to be efchewed in apparrell, the Affembly hath injoyned the loved brethren, John Arefkine of Dun, Super intendent of Angus and Mernes, Mr Andrew Hay, Commiffioner of Ranfrew, &c, Mr James Lowfon, Minifter of Edenburgh, Mr John Winram, Superintendent of Fife, Mr George Hay, Commiffioner of Aber deen, to advife thereupon the morne at fix hours in the morning. Forfamikle as it is confidered, that the playing of Clerk playes, comedies or tragedies upon the Canonical parts of the Scripture, induceth and bringeth with it a contempt and profanation of the fame ; therefore C.J It is thoght meit and concludit, That no Clerk playes, comedies or 1574. . UNIVERSALL KIRK OF SCOTLAND. 323 tragedies be made of the Canonicall Scripture, alfweill new as old, neither on the Sabboth day nor worke day, in tyme eomeing ; the contra- veiners heirof, (if they be Minifters) to be fecludit fra thair funaioun, and, if they be vthers, to be punifchit be the difcipline of the Kirk : and ordaines ane article to be given in to fick as fitts vpon the policie, that, for vther playes, comedies, tragedies, and vthers profane playes as are not made vpon authentick partes of the Scripture, may be confidderit befor they be pro ponit publicklie, and that they be not playit vpon the Sabboth dayes. Seflio 8a- Anent Minifters proceiding to the mariage of parties, laufull impediment being proponed vnto them, quhilk afterhind is tryit and found to be of veritie : The haill Affemblie referris the difcipline to be vfit agains fick perfons, to the Bifchops, Superintendents and Commiffioners of the countreyes quher they ferve. [Anent the report of the Bifhop of Murrey his purgation forthe flander of fornication, as well before his inauguration as fenfyne, and ficklike of his doarine : The Superintendent of Fife, one of the brethren appointed to that effea, reported, That the faid Biffiop was content to purge himfelf before the faid Superintendent and Kirk of Sana Andrews, if it be not found in the books, that he had not purged himfelf of before, and fince his inauguration ; and becaufe he is under medicine and fickly, and can not prefently give fpecimen of his doarine, defired a delay. The Affembly as of before, ordaineth the fame Commiffioners appointed as of before, to pafs to the faid Biffiop the morne, and to report his purgation upon the firft head of the flander of fornication before his inauguration, and to con ferr with him in his doarine according to the ordinance preceeding. Anent the fupplication given in to the Generall Affembly be Mr Thomas M'Kalgean of Crichtonhall, one of the number of our Soveraign Lords Colledge of Juftice, making mention, that where upon his late fupplication prefented in their laft Generall Affembly, touching his not admitting to the holy Sacrament of the Supper, they, be their aa and ordinance, ordained Mr Robert Pont, Proveft of the Trinity Colledge, the Minifters of Leith and Cannongate with the Kirk of Edenburgh, to take triell, if his remaining in Edenburgh a certain time of the late 324 THE BOOKE OF THE 1574. troubles was be compulfion, &c. ; and if it was fo found, to mitigate their aa, &c. : For taking of the which triell he hath infifted often times, and they conveening together have putt no end thereto, but for fome good confideration, as he fuppofes, hath remitted the caufe unto their Wifdoms : wherefore moft humbly befeeking them, fince his remaining within this town is notorioufly knowen to have proceeded from compulfion, juft fear and dreadour, that they would take fuch order, as he may be admitted to the nixt communion which is to be celebrate in this town. The faid Mr Thomas being perfonally prefent, and the Commiffioners appointed in the laft Affembly for taking triell, If the faid Mr Thomas remained in the town of Edenburgh for juft fear and dreadour, which might fall in a moft conftant man, compearing be Mr James Lowfon, Minifter of Edenburgh, and their procefs being read and confidered in open Affembly, the faid Mr James, in name of the Kirk of Edenburgh, being required, Why the faid Kirk admitted not the faid Mr Thomas to the communion, anfwered, For two caufes ; firft, Becaufe the Kirk of Edenburgh received none that remained within the town in time of rebellion, without firft compearing before them, and fubmiffion of them to the Kirk ; and fecondly, That he was ane elder and bare office within the faid town. The Affembly not withftanding having confidered the qualification of the faid Mr Thomas juft fear remaining within the faid town, voted and concluded the faid Mi- Thomas oath to be taken, If upon juft fear he remained within the faid town, and bare office, as faid is ; who being called on, and re-entring, declared in his confcience, That he remained, as faid is, within the faid town, and bare office therein, for moft juft fear and dreadour, which might fall in a conftant man : Therefore the faid Affembly taking confideration of the faid Mr Thomas declaration, as faid is, ordains the Kirk of Eden burgh to admitt the faid Mr Thomas to the nixt communion and participa tion of the Sacrament to be celebrate within this town ; the faid Mr Thomas appearing before the pulpit of Edenburgh in his own gown, and making repentance for his faid offence in the face of the congregation ; and thereafter giving to the poor the gown, wherein he maketh the faid fatiffaaion, or elfe the price thereof. For reading and anfwering the bills : The brethren appoint Mr Patrick Adamfone, Minifter of Pafley, John Brand, Mr James Melvill, Mr Robert Montgomery, to conveen the morne at fix hours, and fo to continue till the famine be anfwered. C.J 1574. UNIVERSALL KIRK OF SCOTLAND. 325 Seflio 9a- Anent the difficuttie proponit vpon the prefentatioun of Mr Andro Grahame, prefenting him to the Bifchoprick of Dunblane, vnder the name of ane preacher, although he had bein none : The Kirk finds that finall conclufion is not get had, That all Bifchops fould be firft preachers, and alwayes, if he be qualified, the prefentation to be obeyit ; and get, for farther tryall, appoints him to exercife vpon Wednifday nixt in the Mag dalene Chappell before the Bifchops, Superintendents and Minifters that may be prefent, and fpeciallie the Minifter of Edenburgh, and fo many of the Chapiter as may be ther, at ten houres afternoone, vpon the begin ning of Romans 5. [Becaufe it is generally complained be the brethren, that the Aas of the Affembly concerning univerfally the whole Kirk, as alfo fundry quef tions coming in dayly ufe in particular Affemblies, and refolved in the Generall Affemblies of before, are not come to their knowledge, which were moft neceffar to be known and notified to the whole brethren, that none fhould pretend ignorance thereof : For remeed hereof, C.J The Affemblie hes willit thair lovit brether, Mr Robert Maitland, Deane of Aberdeine, Robert Pont, Proveft of the Trinitie Colledge, Johne Brand, James Carmichaell, [Minifter of Hadington,J to take travell in vifiteing and perviing of the faids aas ; and fick as are generall with the Generall Affemblies, to marke and note the famein, that thereafter they may be drawin and extraait out of the bookes, that all pretext of ignorance may be tane away. [Anent the policy and jurifdiaion of the Kirk : The Generall Affem bly of the Kirk ordains the brethren that hath travelled and written in this argument, to meet the morne at feven hours in Mr James Lowfon his chamber, and to conferr their labours and writing, to be prefented there after to the whole Affembly. The Generall Affembly of the Kirk nominateth any two of their bre thren after fpecified, whom it ffiall pleafe my Lord Regents Grace to accept, to wit, Mr Robert Pont, Proveft of the Trinity Colledge, Mr Andrew Hay, Commiffioner of Cliddifdaill, Mr Patrick Adamfone, Minifter of Pafley, Mr John Row, Minifter at Sana Johnfton, John Duncanfon, Mi nifter of the Kings houfe, Mr Andrew Melvill, Principall of the Pedagogie 326 THE BOOKE OF THE 1574. of Glafgow, in the place of Mr Alexander Arbuthnet, Principall of the Colledge of Aberdeen, and Mr John Spotfwood, Superintendent of Lothian, to concurr and reafon with my Lord Regents Grace his Com miffioners upon the jurifdiaion and policy of the Kirk, at fuch time as they ffiall conveen ; and what beis condefcended to be his Grace, ordains them to remain and await thereupon, as they will anfwer upon their obedience to the Kirk : and after that the faid conference is ended, the faids Commiffioners to bring the copies thereof with them in all provinces, to be ffiowen to the Minifters of the fame, to the effea they may be the better refolved, when matters ffiall come to open reafoning. Seflio 10a- Anent the ordinance given to Mr John Winrame, Superintendent of Fife and his collegues, to take the purgation of the Biffiop of Murrey concerning the flander of fornication, conform to the aas of the Affembly made of before, and to conferr and reafon with him upon the heads of religion : The Affembly as of before appointed the faid Biffiop being prefent, the morne to make his purgation of the faid flander to the Super intendent of Fife and his collegues depute be them before thereto, and ordaineth them to report their opinion of his knowledge in the Scriptures to the reft of the brethren, with his purgation, the fame day. Seflio lla- According to the ordinance and appointment of the Generall Affembly, for tryall of the doarine and ability of Mr Alexander Hepburn, efea of Roffe, the faid Mr Alexander, in affembly of the greateft part of the brethren, exercifed upon the laft part of the thrid chapter of Zechary, as was enjoined to him be the Affembly ; and after removing out of the Affembly, the brethren with one confent approved the faid exercife and doarine, and praifed God for the fame. The Affembly ordaineth ane article to be given in to them that reafon upon the policy and jurifdiaion of the Kirk, that a law be made, That no Bifhop be efeaed to a Bifhoprick be the Chapter, before he give proof of 1574. UNIVERSALL KIRK OF SCOTLAND. 327 his doarine before the Generall Affembly, and triell be taken be them of his doarine, life and converfation : And, in the mean time, the faid Affembly difcharges and inhibites all Chapters, that they proceed not to the eleaion of any Bifhop, as faid is, without triell taken before of his doarine and converfation before them ; and thereafter he report his tefti moniall of the faid Affembly to the Chapter, that thereafter they may pro ceed to his eleaion. Forfamikle as it is complained be diverfe within the Kirk, that fuch as were Papifts, and have fince the Aa of Parliament made confeffion of their faith, have notwithftanding as yet no ways participate of the holy Supper of the Lord, pretexing vain excufes, wherethrough it appeareth that they were never in heart truly converted to God : Therefore C] It is ftatute and ordainit, That the Bifchops, Superintendents and Minifters in all parts, admonifch fick as were papifts, and hes fen the Aa of Parlia ment made confeffion of thair faith, and notwithftanding hes no wayes get participate the holy Supper of the Lord, to participate the Sacrament with the reft of the congregation ; and if they diffobey, to be haldin as relapfe, and to proceid aganis them as relapfe with the fentence of excommuni cation. [The brethren having confideration that their brother Mr John Spotf wood, Superintendent in Lothian, is become fickly and not altogether able, in his own perfon, prefently to vifit the whole bounds allotted to' him in Commiffion ; and underftanding that their brother Mr James Lowfon, Minifter of Edinburgh, is purpofed to pafs through the Countrie and vifit the faid bounds, hath thought meet and ordained the faid Mr James to fupport and aid the faid Mr John in his office of vifitation, and to make fuch fupplie to him therein as he goodly may to the next Affembly. Alexander Arbuthnet, burgefs of Edinburgh, prefented to the Affembly certain Articles for printing of the Englifh Bible, quherof, with the anfwers of the brethren, the tenor followeth. The Articles given in to the General Affembly concerning the Print ing of the Bible, with the anfwers of the Kirk thereto. Imprimis, Anent the godly propofition made to the Bifhops, Superin tendents, Vifitors and Commiffioners in this General Affembly be Alex- 328 THE BOOKE OF THE 1574. ander Arbuthnet, Merchant burgefs of Edinburgh, and Thomas Baffanden, Printer and burgefs of the faid burgh, for printing and fetting forward of the Bible in the Engliffi tongue, conform to the Proof given and fubfcribed with their hands : It is agreed betwixt this prefent Affembly and the faid Alexander and Thomas, That every Bible which they fhall receive advance ment for, ffiall be fold in albis for four pound thirten fhilling 4 pennies fcotts, keeping the volum and charaaer of the faids Proofs delivered to the Clerk of the Affembly. Item, For advancement of the godly and neceffary work and furtherance thereof, and home bringing of men and other provifions for the fame : The Bifhops, Superintendents and Commiffioners bearing charge within this realm, underwritten, viz. James Archbifhop of Glafgow, Moderator, &c, have in prefence of the faid Affembly faithfully bound and obliged them and every one of them, That they ffiall travell and do their utter and exaa diligence for purchafing of fuch advancement as may be had and obtained within every one of their jurifdiaions, at the hands of the Lords, Barrons and Gentlemen of every paroch ; as alfo with the whole Burrows within the fame ; and ffiall try how many of them will be content to buy one of the faids volumes, and will advance voluntarly the forefaid price, whole, or half at the leaft, in part of payment, and the reft at the recept of their books ; and fhall try what every burgh will contribute to the faid work, to be recompenfed again in the books in the prices forefaid ; and fo many as be content to the advancement of the work forefaid, that the faid Bifliops, Superintendents and Vifitors colfea the faids fumms and inroll the famen with their names what every one of them gives ; which roll fubfcribed with their hands, and money, fhall be fent be them to the faid Alexander and Thomas, betwixt and the laft of Aprile nixt to come, and ffiall receive upon their deliverance of the faids fumms and rolls the faid Alexander and Thomass handwritt ; to the effea they and their cautioners may be charged for the faid books, conform to their receipt. Item, That every perfon that is provided of old as well as of new, be compelled to buy a bible to their paroich kirk, and to advance therefore the price forefaid, and the faid prices to be colfeaed and inbrought be faid Bifliops, Superintendents and Vifiters within each bounds and fhire within their jurifdiaion, betwixt and the laft day of June ; and becaufe the faid act appertains and is expedient to be ratified be my Lord Regents 1574. UNIVERSALL KIRK OF SCOTLAND. 329 Grace and the Lords of the Secret Council, and an aa of Council to be made thereupon : The Affembly ordains Mr David Lindfay, Minifter of Leith, Mr James Lowfon, Minifter of Edinburgh, and Alexander Hay, Clerk of Council, to travell with his Grace and Lordffiips for obtaining the famine, together with the priviledge of the faid Alexander and Thomas for imprinting of the faid work. The Kirk ordains the faid Mr James and Mr David to travell with Mr Andrew Polwart and Mr George Young, or any of them, for correaing of the faid Bible, and to appoint a reafonable gratitude therefore at the coft of the faid Alexander and Thomas. Item, The Kirk hath promifed to deliver the authentick copy, which they ffiall follow, to them betwixt and the laft day of Aprile. Item, For reforming of the faid work be the faid Alexander and Thomas ; they have found cautioners, Archibald Seingeur and James Norvell burgefs of Edenburgh, with themfelves conjunaiy and feverally, that they ffiall deliver fa many books as they fall deliver advancement for perfeaing of the faid work, which fhall be, God willing, betwixt and the laft of March the year of God 1576 years ; and the faid Alexander and Thomas are bound and oblidged to releive them. Sic fubfcribitur Alex ander Arbuthnet with my hand, Archibald Seingeour, James Norvell with my hand, Thomas Baffanden with my hand. Anfwer of the Generall Affembly to the faids Articles in their order. To the firft article, anfwered, Referres the procefs to the Counfell. To the fecond, The Kirk promifes faithfully. The Kirk gives Commiffion , to the perfons following, to wit, to Mr Robert Pont, Mr James Lowfon, Mr David Lindfay, Mr James Carmi chell, Mr Andrew Polwart, Mr Peter Young, or any three of them, to overfee every book before it be printed, and lykways to overfee the labours of others that have travelled therein, to be given in to the printing betwixt and the laft of Aprile. Forfamikle as there is expeaation had of a Parliament to be ffiortly, whereunto fundry things are to be proponed be the Kirk, which of before would be ripely refolved be common judgement and opinion of the whole 2 T 330 THE BOOKE OF THE 1574. brethren : C.J It is thought meitt [and expedient be uniform refolution of] the haill brether, That the minifters of Edinburgh and Leith give war ning and advertifement to the Bifhops, Superintendents and Commiffioners of Countreyis, aught dayes before the Parliament, to the effea that they may warne the reft of their brethren to be prefent, to confult and put in deliberation fick things as falbe thoght, after good advyfe, to be proponit to Parliament : which Convention falbe comptit for ane Affemblie. 1575. UNIVERSALL KIRK OF SCOTLAND. 331 A. D. M.D.LXXV. The Generall Affembly haldin and begun the 6 day of Auguft 1575, in the Ovir Tolbuith of Edenburgh : Wher ther was prefent the Bifchops of Galloway, Dunkeld, Brechine, Dumblane, Glaf gow, and the Bifchop of the Yles, Superintendents of Angus and Lowthiane, Commiffioners of Countreyes and Townes, with the Minifters. Mr Robert Pont, [Proveft of Trinity Colledge] Mo deratour. Seflio la- According to the ordour and cuftome of the Affemblie, it was proceidit to the examination and tryall of the lyves, converfatioun and doarine of Bifchops, Superintendents and Commiffioners of Provinces. [The Bifchop of Glafgow was exhorted to be diligent in preaching which was negfeaed be him. C] Johne Durie, ane of the Minifters of Edinburgh, protefts that the tryall as Bifchop prejudge not the opiniouns and reafbns, quhilks he and vther brether of his mynd hes to oppone agains the faid office and name of a Bifchop. [The Bifhop of Dunkeld removed, was delated, That he dwelt not within his diocefe ; That there is no exercife obferved there ; That he wrote a letter to George Lundie, Minifter of Crammond, to ferve equally four kirks every Sunday about, under the pain of deprivation ; That the ordi nance concerning the Earle of Athole is not keeped ; That he had delapidat the patrimony of the benefice. Reentering, he anfwered, He made little refidence in any one place, as may appear be his book of 332 THE BOOKE OF THE 1575. vifitation, and was oftener in Dunkeld, fince the laft Affembly, than in any other place. 2d, That the exercife is holden in Perth, and that his Mi nifters goe thither. To the 3d he anfwered, That a part of the benefice he had fett in few to the poffeffors of the ground, without diminution of the rental. Being inquired, if he had fett any viauall for filver, which before was not fett for money, anfwered, He fett none in Lothian for money ; but within the bounds of Dunkeld he had fett viaual for filver, viz. a nineteen year tack of 36 chalder of teind viauall for 5s. 8d. the boll to the Earle of Argile. To the 4th, produced two of my Lord Athols bills, but granted he had not excommunicat him. O] The Generall Affemblie ordaines the Bifchop of Dunkeld, betwixt and nixt Affemblie, to refort himfelfe with his familie to Dunkeld, and make refidence ther, vnder the paine of excommunication. The brethren in ane voyce finds great fault with the dilapidatioun of his benefice ; and ordaines the aas of the Affemblie to be vifit and to be confidderit, if ther be any penaltie appointit for the faid dilapidatioun, be tuixt and the fext day of this inftant, and continues thair farder determina- tioun thervpon to the faid day. [The pretended excufe in not excommunicating of the Erie of Athol, is rejeaed as frivolous, and the Affembly decernes, That, for not obedience to the ordinance of the Affembly, he hath incurred the pains contained in the aa and ordinance made thereupon. The Superintendent of Angus and Mernes was complained upon, That he admitted ane Mr Robert Merfer, Minifter at Banquhar ternitie, unable to difcharge his cure : Anfwered, The faid Mr Robert was admitted with the advice of his brethren of Aberdeen, and was tryed be them. The Affembly ordaineth the Principal of Aberdeen with John Craig, Minifter there, to take tryall of his doarine and literature. The Commiffioner of Aberdeen complained upon, That the Readers and Minifters in the countrey keep certain patron and feftival dayes, and on thefe dayes conveen, pray and preach, and fofter the people in fuper ftition. Item, That there is no difcipline keeped within the diocefe. To the firft he anfwered, That fome Minifters of the countrie think it lawfull, but for his own opinion he wifhed it ffiould be taken away by an ordinance of the Affembliy : As for the 2d, referrs him to his books. Mr Robert Grahame, Commiffioner of Cathnefs complained upon, That he had not been diligent in his vifitation ; That he hath moe offices nor 1575. UNIVERSALL KIRK OF SCOTLAND. 333 he may difcharge. Item, there is a marriage made betwixt the Erie of Caithnefs daughter and the Laird of Innies, ffie being divorced for adul tery from her hufband, and, that he gave command thereto. To the firft he anfwered, That he was compelled to come there four tymes in the year, and grants that he was in Caithnefs but once : That he is denuded of the Commiflionarie, and has no commiffion for Roffe, albeit he fupport the countrie this year. As to the marriage, Grants he gave to her fuch liberty as the Kirk gives to others ; and that fhe has made her repentance bareheaded and barefooted. The brethren difcharge him of his com miffion, and ordaineth, That he be not admitted again till farther ad vifement. Seflio 2* The Affembly appointed fome brethren to reafon with the Bifhop of Dunkell and fuch others as he will joine to him, anent the dilapidation of his benefice, and to fee why the faid dilapidation is not caufe of depriva tion. Afternoon C.J The Bifchop of Dunkeld compeirand in the Af femblie, defyrit that he might have Mr Johne Grahame, Advocate, to reafon for him in a matter of dilapidation ; quhilk beand thoght a new thing, and by cuftome of the Affembfie, was finallie votit and concludit to be ane novatioun and to introduce fome contradiaioun ; and fand him not to be admittit nor nane vthers quho are not of the funaioun of the Kirk ; and therfor ordaines him to anfuer in his awin perfon, the 9 of this inftant, or to choofe any of the brether of the funaioun of the Kirk to reafon for him. [Mr Thomas Howefon produced an aa of the Synodall Affembly of Murrey, bearing that there was no queftion moved at the Bifhop of Murrey his eleaion, and what purgation he would make of the flanderous bruit raifed upon him and the Lady of Ardroffe ; and farther excufed the faid Biffiop his abfence, becaufe he was flandered, in the laft Affembly, be Mr Walter Balcanqual, as fornicator with the Lady Ardrofs. The Affem bly judgeth the excufe frivolous. C.J Becaufe certaine of the Bifchops and Superintendents compeirit not the firft day of this Affemblie, it was thoght good to call them, and the abfents to be notit. 334 THE BOOKE OF THE 1575. [The Superintendent of Fife complained upon, C.J That none of the Vniverfitie of Sana Androes is prefent, nor nane to come heir ; [That the Kirk of Ryne hath no Readers, by reafon of a controverfie among the Readers ; That the exercife is taken away fra Sana Leonards to the pariffi kirk, and yet neither preaching nor exercife keeped that day. To the firft he anfwered, That it is not his duty to name Commiffioners for the Univer fity, but it belonged to themfelves ; and that they had nominat Mr Robert Hammilton their Minifter : To the 2d, That the matter being remitted to him, he found no ground, and has remitted the fame to the Affembly ; quherin they have decerned the poffeffor to remain at the faid kirk ; and fincefyne the parifhoners agreed to another thrid perfon : To the 3d, That there was an order fet down for the exercife, and a roll of the exer- cifers written ; and not the lefs no exercife has been keeped fince Pafche by paft a year ; whereof he defired the brethren to provyde fome remedy. The Affembly ordained the exercife to be reftored again to Saint Leonards Colledge, and the Fryday preaching to be keeped ; but yet Mr Robert Hammilton to be heard, when he comes to the Affembly. Sicklyke the Affembly ordaines the faid Superintendent to place the faid John Pitcarne in place of the Reader, and to give him his letters of concurrence, fuch as were given be the unquhill Bifhop of Sana Andrews, conforme to their decreet. Mr Peter Watfon, Commiffioner of Nithfdale complained, That the Toun of Dumfries, on guile day laft by paft, feeing that neither he nor the Reader would read nor ufe doarine upon thefe dayes, brought a Reader of their own with tabron and whifle, and caufed him read the prayers ; which exercife they ufed all the days of guile. This complaint the brethren thought good fhould be intimat to my Lord Regents Grace, that he may find remeed herein. The faid day, Alexander Bifhop of Galloway prefented to the Affembly the tenor of his fatiffaaion, decerned to be performed be him, and decreet of the brethren, and defired to know, if he had fatiffied the fentence pre fented be them : Which they found fatiffied and fulfilled in all points, according to the contents thereof. Anent the apperraling of the Miniftry omitted in the laft Affembly : The Affembly appoints their loving brethren, to whom commiffion was given of before, to conveen the morne, at 7 hours, in Mr James Lowfon, Minifter of Edenburgh his houfe, to pen fuch apparrelling as is to be 1575. UNIVERSALL KIRK OF SCOTLAND. 335 effiewed be them, conform to the aa of the laft Affembly, and to report the famen to the brethren the morne. C] Seflio 3a- The brether appointit to pen thair judgement anent the habite of the Minifters and thair Wyfes, prefentit the fame to the Affemblie, quhilk was found good ; and all the brether ferving the funaioun of the Kirk, or- daynes to conforme themfelves and thair wyves therto, and ordainit effeauouflie to follow the fame : Quherof the tenor followes in thir wordes. Forfameikle as a comely and decent apparrell is requifite in all, namelie in the Minifters and fick as beares funaioun in the Kirk : Firft, we thinke all kynd of brodering vnfeimlie, all bagaries of velvett on gownes, hofes or coat, and all fuperfluous and vaine cutting out, fteiking with filks ; all kynd of cofllie fewing on pafments, or fumptuous or large fteiking with filks, all kynd of cofllie fewing or variant hews in farks, all kynd of light and variant hewes in cloathing, as red, blew, geallow, and ficklyke, quhilk declares the lightnes of the mynd ; all wearing of rings, bracelets, buttons of filver, gold or vther mettall ; all kynd of fuperfluitie of cloath in makeing of hofe ; all vfing of plaids in the kirk be Reidars or Minifters, namely in tyme of thair miniftrie and vfing thair office ; all kynd of gowning, coating, or doubliting, or breiches of velvett, fatine, taffettie, or ficklyke ; all cofllie gilting of whingers and knyves, or ficklyke ; all filk hatts, or hatts of divers and light collours : Bot that thair haill habite be of grave collour, as black, ruflet, fad gray, fad browne, or fearges, wirffett chamlet, growgrame lytes wirffett, or ficklyke : and to be ffiort, that the good word of God be them and thair immoderatenes be not flanderit ; and thair wifes to be fubiea to the fame ordour. [Anent the terme appointed to the Biffiop of Dunkell to reafone in his own caufe be himfelf or fome of the brethren of the funaion of the Mi niftry, concerning the dilapidation of the benefice : The faid Bifhop being prefent, declared he had fought affiftance of fome of the brethren of the Miniftrie, and could have none ; and therefore defired the Articles of his accufation to be given him, and a delay to the next Affembly, that he and fome brethren may be advifed therewith for their anfwer ; and to 336 THE BOOKE OF THE 1575. that effea produced his fupplication in writt. The Affembly found that no further delay ffiould be given, but till Thurfday next to come ; and appointed the Biffiop of Glafgow, Mr George Hay, Mr John Row, Mi nifter of Perth, to give their advice to him, and to reafone for him the faid day. The fame day, James Nicolfon, Colfeaor Clerk, exhibited to the Affem bly a roll of the Minifters that had wafted the patrimony of their benefices, and made no refidence at their kirk : whereof the particular catalogue followeth. John Webfter alias Watfon, Parfon of Camufbie, hath dilapidat his benefice ; Alexander Urchart, Parfon of Olrick, has dilapidat his benefice, and waiteth not on his charge ; George Sinklar, Chancellor of Cathnes, waites not on his cure ; Gilbert Gray, chanter of Cathnefs, and Mr George Monro, waite not on their cure ; Mr John Gordon, Minifter of Speinie and Keith, Mr Patrick Dowglafs, Treafurer of Murrey, Mr Alexander Gordon, Chancellor, await not on their cure ; Andrew Spence, Minifter at Forg, Drimblait and Colfamand cannot await on his cure, becaufe he occupyeth an fervile office in my Lord Forbefs houfe of Drum- mynoure, far diftant from his charge ; Mr John Barton, Minifter of Clunnie Kilmavenock, Mr James Hering, Proveft of Methven, Mr George Ramfay, Minifter of Fouldonand Chirnefide, Mr William M'Gawin, Com- miffar of Wigton, Perfon of Minto in Tiviotdale, William Bonkle, Vicar of Hadinton, Robert Dowglafs of Mordingtoun, James Stewart, Parfon of Glenwhinie, James Stirling, who fold the Parfonage of Carftairs, Waltar Haddon, a new Perfon, awaite not upon their cure ; John Kin- naird, Vicar of Carftairs, awaiteth not on his cure, and hath flain the Laird of Corfton ; Mr John Colvill, Chanter of Glafgow, and Minifter of Kilbryd, Mr Patrick Adamfon and Mr Andrew Polwart, Minifters of Paifley, Mr William Chirnfide, Parfon of Lufs, wait not on their cure ; Mr John Rynd, Parfon and Vicar of Cumnock, has fett the fame for fourty pound ; Mr Archibald Sinclair, Parfon of Zuddick, James Prefton, Parfon of Daylie, Mr John Walker, Minifter of Monigafe, await not on their cure. The which perfons being called, The faid George Monroe, Mr James Herring, and Mr Patrick Dowglafs compeared. The Affembly appointed the eleventh of this inftant for them to anfwer, and to take order with the abfents. C.J It appeirit to fome of the brether that the lang continuance of Com- miflioners in thair offices, fould induce fome ambition and inconvenience 1575. UNIVERSALL KIRK OF SCOTLAND. 337 within the Kirk ; and therfor was thocht a matter to be confultit in this Affemblie, Whither it were beft that the Commiffioners of Provinces fould be changit, fra geir to geir, fra the countreyes quher they travell to vthers. After long reafoning, the greateft part of the Affemblie thoght beft, quher men may be had abill to vfe the Commiffioun, that ane geirly exchange fould be. [And for the prefent tranfports Mr George Hay from Aber deen to Cathnefs, and in his room placeth Mr John Craig, Minifter of Edinburgh : And ficklyke appoints Mr David Lindfay to fupport the vifitation of Murrey, and confider the Bifhops diligence, with the com plaints of the Minifters of the countrie againft him, during his refidence there : And ficklyke, Mr John Row to vifit the bounds there apper taining to the Bifhop of Dunkelds jurifdiaion,' upon the Bifhops expenfs : And ficklyk continueth the Superintendents of Fife and Lothian in their offices refpeaive. Mr Andrew Hay, Commiffioner of Renfrew, defired to be exonered "of his Commiffion, but is exhorted to continue in his charge till the next Affembly : Mr Peter Watfone continued Commiffioner of Ni- thifdale, and Mr Andrew Clayhills, Commiffioner of Tiviotdaill. Sicklyke the Affembly continues Mr John Duncanfon, Minifter of the Kings houfe in his Commiffion of Galloway till the next Affembly, and exhorts the Bifhop of Galloway to affift him, when he comes in the Countrie. For vifitation of the Books : The Affemblie appointed their lovit brethren, William Chriftefon, Minifter of Dundie, Mr Gilbert Gardin, Mr James Greg, Mr Roger Gordon, John Fullerton, Minifter of San quhar, Mr Andrew Mylne, George Scott, Mr Thomas Biger, Mr James Carmichall, Minifter at Hadinton, to conveen at 7 hours the morne, in the Upper Tolhuith, and to continue till the fame be perufed. For reading and anfwering of bills and complaints : The brethren appoint Mr David Lindfay, Minifter at Leith, David Fergufon, Minifter of Dunfermline, John Duncanfon, Minifter of the Kings houfe, Mr Andrew Melvill, Principal of the Pedagogie of Glafgow, Mr Alexander Arbuthnet, Principal of the Colledge of Aberdeen, and Mr Walter Bal- canqual, one of the Minifters of Edinburgh, to meet at two afternoon, in the Over Tolbuith, and fo forth to continue till the fame be anfwered and refolved.] Ordaines Mr James Lowfone, James Bifhop of Glafgow, Mr Andro Hay with Alexander Hay, Clerk of Privie Counfell, to conceive ane 2 u 338 THE BOOKE OF THE 1575. article in wryte, concerning the vnioun of paroch kirks, to be prefentit the morne to the brether to be confident be them. Seflio 4a- [The General Affembly of the Kirk enjoyned their beloved brethren, Mr David Lindfay, Minifter at Leith, Mr John Row, Minifter at Perth, and Mr Andrew Hay, Commiffioner of Ranfrew, to form and pen the Articles to be prefented to my Lord Regents Grace in writt, with fuch poffible diligence as they goodly may, and hereafter to produce them to the whole brethren to be confidered, if the fame ffiall be found good to be direaed to his Grace : who being depeffied from the Aflembly, returning again, prefented the faid Articles to the faid brethren ; which being read were found worthie and expedient to be prefented to my Lord Regents Grace : always if any other articles fhall be thought good be the brethren to be eeked hereto, they are defired to exhibit the fame, afternoon. The General Affemblie of the Kirk all in one voice giveth commiffion and power to the right honourable and their loved brethren, James Bifhop of Glafgow, John Arefkin of Dun, Superintendent of Angus and Merns, Mr John Spotfwood, Superintendent of Lothian, Mr John Row, Minifter of Perth, and Mr David Lindfay, Minifter of Leith, to pats to my Lord Regents Grace, and prefent unto his Grace the articles of the faid Affem bly, contained in writt and delivered to them, and, with all humility and dew deference, to require his Graces good anfwer thereto, conferr and reafon with his Graces anfwer thereupon, and to report his Graces anfwer to the faid articles, againft the 12th day of this inftant before the diffolution of this Affembly. Followeth the tenor of the faid C.J Articles to be prefentit to my Lord Regents Grace. Imprimis, For planting and preaching the word through the haill realme : It is defyrit, That fo many Minifters as may be had, quhilks as get are vnplaced, may be receivit, afweill in the countrey, to releive the charge of them that hes many kirks, as vtherwayes throuchout the haill realme ; with Superintendents or Commiffioners within thefe bounds quher Bifhops 1575. UNIVERSALL KIRK OF SCOTLAND. 339 not, and to help thefe Bifchops that hes ovir great charge, and reafonable livings to be appointit to the forfaids ; and alfo payment to them that hes travellit befor as Commiffioners in the geirs of God 1573, 1574, and fo foorth in time coming, without the quhilk the travells of fick men will ceafe. 2. That fick impediments be removit away as makes hinderance to the progreffe of the doarine, fick as aboundance of vice in all parts of this realme vnpunifhit, marketts vpon the Sabboth day, and Minifters troublit in the executioun of thair office. 3. That the ordour already tane toward the poore may be put in full executioun : And to that effea, that a portion of the teinds quhilk is thair awin patrimonie, afweill of the twa part as of the thrids, may be imptoyit for thair fuftentatioun, according as neceffity craves ; and to this effea, that the Hofpitalls quhilk hes bein of auld, may be reftorit to thair awin vfe, notwithftanding of any title made therof to vther perfons ; and alfo that fick ordinar almes as hes bein appointit foorth of Abbayis or vther benefices, be long confuetude, may be payit to the poore as of befoir. 4. Becaufe the Schooles are the fountaine fra the quhilk Minifters muft flow, That provifion be made for them, not only for fick as remaines within the realme, but alfo for men of good ingyne, quhilk be the Kirk fould be found [meetj to vifite other countreyes and Vniverfities for thair further ance in learning ; and cheiflie for Glafgow, becaufe it is new ereait, and hes not fick provifion as vther Vniverfities. 5. That fick affignatiouns as hes bein appointit be the Prince and the Kirk, and alterit without, the advyfe of the Kirk, may be repairit ; and that, in tymes coming, fick affignatiouns as falbe appoyntit, be not alterit without the advyfe of the Kirk, vtherwayes no Minifter falbe fure of his affignatioun. 6. Quher Minifters produces letters of horning to the General Collec tour, vpon fick perfons as are affignit to them for payment, the faid col leaour may be caufit to make payment to the faids Minifters. 7. That all dayes that heirtofoir hes bein keipit holie, befydes the Sabboth day, fick as goole day, Sainas dayes, and fick vthers, may be abolifchit ; and a civill penaltie againft the keipers therof be ceremonies, banquetting, playing, fafting, and fick vther vanities. 340 THE BOOKE OF THE 1575. 8. That all fick Minifters or Reiders as, either be infirmitie or age, becomes vrtable, may have thair ftipends indureing thair lyfetymes. 9. That the Clerk of Affemblie be anfuerit of 'the ordinarie ftipend appointit to the Clerk of befor, namelie, in refpea of his labours multiplied be wryting of the haill Minifters and reidars letters, afweill for anfuering them of thair ftipend as of thair gleibs and manfes, gratis ; and that his name may be infert in the booke of affignatioun, with his ftipend, as vfe was ; and ficklyke be anfuerit of the geir bypaft that he hes fervit. Anent the queftion proponit be certaine brether of the Affemblie of the haill Kirk, Whither if the Bifchops, as they are now in the Kirk of Scotland, hes thair funaion of the word of God or not, or if the Chapiter appointit for creating of them aucht to be tollerated in this reformed Kirk : For better refolution heirof, the Generall Affemblie of the Kirk appoints thair lovit brether, Mr Johne Craig, [Minifter of AberdeenJ Mr James Lowfone, [Minifter of Edenburgh] and Mr Andrew Melvill, Principall of the Colledge of Glafgow, on that ane part ; George Hay, [¦Commiffioner of Cathnefs] David Lindefay, [Minifter of Leith,] Johne Row, [Minifter of Perth,] on that vther part, to conveine, reafon and conferre vpon the faid queftioun, and to report thair judgement and opinioun thervpon to the Affemblie befor the diffolving therof, if they be refolvit betuixt and the fame. Seflio 5a- [Anent the term appointed to the Bifhop of Dunkeld, to reafon in his own caufe concerning the dilapidation of his benefice, and to propound what defence he had therein, why the famen merits not deprivation : The faid Biffiop compearing in Affembly declared, That the fetting of the tack of the 36 chalder viaual for fix fliilling 8 pennies the boll (confeffed be him before) to the Earle of Argile, was not voluntarly, and that divers tymes it repented him thereof ; and yet, be the grace of God, is willing to have it reformed, either be favour and good will of my Lord Argile, or be procefs of Law, wherein my Lord Regents Grace had promifed to him his affiftance, as my Lord Juftice Clerk being prefent could teftify his Lord fhips good will therein ; who lykeways, be a writing of his Grace direa to him, declared, he minded to travell with the Erie of Argyle, that it 1575. UNIVERSALL KIRK OF SCOTLAND. 341 may be reformed, and defired my Lord Regents Graces requieft, That all farther procefs againft the faid Bifhop fhould be intermitted, till the next Affembly. The Generall Affembly willing to fatiffie my Lord Regents Graces fuit and requeift, and looking, that be his Graces travell and dili gence, and procurement of the faid Bifhop to be tane be him in this intermediat tyme, that matters fhall take better fruit, and be reformed, hath continued and continues the faid caufe in the fame force and ef fea as it is now, to the firft day of their next Affembly ; and the faid Biffiop is warned thereto. Becaufe of fundry aas and conclufions holden in the Affembly, for excommunication of the Erie of Athole, which nothelefs have not been put in execution, for which caufe the Bifhop of Dunkeld is prefently fuf- pended from his office : Therefore the Generall Affembly hath ordained a writting to be direa in their names to his Lordffiip and his Lady, requiring them, if they fute conference or reafoning of any of the brethren, to choife three or four, with Mr John Row, Commiffioner, appointed in thefe parts, whofe conference and counfell they may have, and whom the faids brethren commands to give their confultation to them, that they may be refolved in the points of religion, betwixt this and Martimafs next to come ; and their meeting to be in Dunkeld and Saint Johnftoun : Which conference being had, and they not refolved, as faid is, betwixt and the faid day, Ordaines the faid perfons with the faid Mr John, to pronounce the fentence of excommunication againft them : and if they refufe the faid conference, ordaines the faid Mr John Row, with affiftance of the Superintendent of Angus and Mernes, the Superintendent of Fife, William Chriftefon, Minifter of Dundie and Tibbermuir, to pronounce againft them the fentence of excommunication within Dunkeld : and if they be flopped, or troubled there, that they may not pronounce the fame, to execute and pronounce the famen in Sana Johnftoun. C.J Ordaines ane article to be made to the Lords of the Seffioun for Minifters and Reidars, that they may have expedition of thair procefs perfewit befor them, that they be not abftraait from thair charges. Seflio 6a- [The Commiffioners direa to my Lord Regents Grace with the 342 THE BOOKE OF THE 1575. Articles of the Affembly, for receiving his anfwer thereto, reported, His mind was to ride ffiortly toward the borders ; and becaufe fome of the articles craved the advice of the Council, which could not prefently be had, defired therefore that the Kirk ffiould give commiffion to fome of the brethren to await upon his Grace and Council, and to reafon and conferr upon the faid articles, and receive anfwer thereof. The Affembly of the Brethren ordaines the faid Commiffioners, or fo many as ffiall be prefent, to wait upon my Lord Regents Grace and Counfell, and to reafon and conferr upon the faids articles, and to receive his anfwer thereof; and if either anfwer be not received, or that they be not prefent to receive the fame, that they wait thereupon the firft day of November next to come. The brethren delated for not making refidence at their kirks, and for wafting and dilapidation of their benefices, appointed to give anfwer this day, compeared. Mr George Monro his excufe, that he might not travell at his kirk for deadly feed, was accepted. Mr Andrew Young denyed that he ferved the kirks contained in his roll. Mr Patrick Dowglafs granted he made no refidence, be reafon he had gotten nothing to ferve for, and yet gave out a penfion to a beam to hold him at the School ; and ficklyke fett the gleeb in few. Mr Andrew Polwart ordained to ferve at Paflay, according to his promife made to the Biffiop of Gtafgow. C.J The brethren appointit to reafon and conferre vpon the funaioun of the Bifchops as they are now in this realme, and if thair Chapiters appointit for creating of them, be tollerable, and to returne thair judgement to the Affemblie, gave in thair opinioun as after followes, in wryte, viz. They thinke it not expedient prefentlie to anfuer direaiie to the firft queftioun ; bot if any Bifchop be chofen who hes not fick qualities as the Word of God requyres, let him be tryit be the Generall Affemblie de novo, and fo depofit. The poyntis quherin they aggrie concerning the office of ane Bifchop or ane Superintendent. Firft, the name of Bifchop is commoun to all them that hes a particular flock over the quhilk he hes a peculiar charge, afweill to preach the word as to minifter the facraments, and to execute the ecclefiafticall difcipline with confent of his elders ; and this is his cheife funaioun of the Word of God. Attour out of this number may be chofen fome to have power 1575. UNIVERSALL KIRK OF SCOTLAND. 343 to overfie and vifite fick reafonable bounds, befydes his awin flocke, as the Generall Kirk fall appoint ; and in thefe bounds to appoint Minifters, with the confent of the Minifters of that province, and the confent of the flock to quhom they falbe appointit ; and alfo to appoint Elders and Dea cons in every principall congregation quher ther is none, with the confent of the peiple therof ; and to fufpend Minifters for reafonable caufes, with confent of the Minifters forfaids. [Anent the propofition of my Lord Galloway to the Affembly, defireing their refolution, What is meaned be them be his fufpenfion, Whether he be fufpended from all preaching of the Word of God, as from all com miffion within the Kirk : The Affembly of the Kirk declareth, That no fault they will find, that he will preach truely the Word of God, albeit he ftand fufpended from commiffion of vifitation ; always exhorts him to concurre and help the Commiffioner of Galloway in his vifitation, for keeping good order and difcipline within thefe bounds. C.J Queftio. What punifhment deferves that Minifter that maries perfons refufed be thair ordinar Minifter, and that in refpea theykeipit open houfe together vncontraait, and wald obey no difcipline ; and quher there ordinar Minifter defyrit them to obey the difcipline, they woundit him to the death ; vpon the morne the faid Minifter maried them, without fatif- faaioun made to the Kirk for wounding thair Minifter. A. Referres the punifchment of this Minifter to the punifchment of Mr Patrick Creiche. [Queftio. Whether the contraa of marriage ufed to be made before the proclamation of banns betwixt man and woman, fhould be made be words of the prefent tyme, The man faying to the woman, I take thee to be my wife, and the woman faying to her hufband, I take thee to be my hufband ; or ffiould there no contraa or promife be made while the inftant time of folemnization of the marriage. A. Let the order obferved within the reformed Kirk of Scotland be keeped. C.J Parties to be maried fould come before the Affemblie, and give in thair names, that thair bands may be proclaimit, and no farther ceremonies vfit. [Queftio. Whither if the Kirk, be the law of God, hath power to cog- nofce and decern upon herefies, witchcraft, blafphemation of the name of God, and violation of the Sabbath day, efpecially upon the quiditie thereof; 344 THE BOOKE OF THE 1575. or whither if the Criminal Judge ffiall give fentence of death for fuch crimes, before the Spiritual Judge decerne upon the quidditie thereof. C] A. The Kirk hes power to difcerne and cognofce vpon herefies, blafphe- mation of Gods name, witchcraft, and violation of the Sabboth day, not prejudgeand the punifhment of the civill magiftrate. [Q. When a beam is gotten in inceft, adultery* or fornication, and the father is unknown fugitive, or will not recognofce the beam to be his, Whither ffiall this beam be baptized without delay, or fhall the baptifme of it be deferred, till the father be found, and hold up his own beam to baptifme, and fatiffie the Kirk ; feeing that the Kirk may lift no pains upon caution for fuch caufes. A. This queftion would be conceived more diftinaiy. Q. A man and a woman were in their parifh kirk upon a Sunday, in prefence of fundrie of the parifhioners, publickly married, or hand faft be the Reader, and thereafter have mutual cohabitation together at bed and board, as married folks fo reput and holden : The Minifter of the fame kirk, at the womans defire, a good fpace thereafter, leads a forme of divorce betwixt them, in this manner : He calls the woman before him, and caufeth her fwear that her hufband had never carnal copulation with her, and thereupon, without afking farther queftion at the man, decernes them feparat and divorced from other, the man always diffenting thereto, and ftill claiming her to be his lawfull wife : Whither is this forme of divorce ment allowable in a reformed Kirk that hath received the Evangel ; and if it be not, What correaion deferveth the Minifter, that ufurpeth and ufeth this manner of procefs and judgment. A. This divorcement is not lawfull, and meriteth fufpenfion, and the Minifter to make publick repentance. Q. If it be expedient, that there be in notable towns and congregations the beft learned Minifters, and if there be not, that the fame be reformed : That where men of good judgement are in fome places, and their labours, as it were, loft, they may be tranfported to places where they may better edifie ; and others of fmaller judgement repair to their places where they are intereffed, to ferve. A. Referres to the difcretion of the Bifhops, Superintendents and Commiffioners. 1575. UNIVERSALL KIRK OF SCOTLAND. 345 Q. What fhall the Minifter do, who is required to marry a man that has committed adultery in his wifes tyme, now his wife is departed, and he hath fatiffied the Kirk therefore, and defires to be married upon another woman that he had in his wives tyme. A. Ordaines to form this queftion better. Q. A woman hath committed inceft with her mothers hufband, and hath fatiffied the Kirk therefor ; and now the faid woman defires to be married to another man, with whom fhe has committed fornication, What fhall the Minifter doe in this cafe. A. Let this be formed better, and this to be moved to the Regent. Q. Whither an officer of arms is to be admitted to be a reader in the Kirk. A. Thinks it not convenient. C] [Q. Whither a gong man, after he hes lyin with a gong woman that is efteimit a virgine, na marriage preceidand, nor promife alledgit be her, be compellit be any particular Kirk, at the fute either of the woman or of the parents, either to marie her, or pay her tocher good. A. There is no law eftablifchit, that the man ffiould either marrie her or pay her tocher good. C. & B.J Q. Whither if a Bifhop abfolutely, be his own authority, may change or tranfport Minifters from kirk to kirk at his pleafure, by their contents, and of the Kirk where they ferve, or not. A. He may with advice of his Affembly. Q. Whither bairnes gottin afoir marriage, the lawfull marriage follow ing, are lawfull, or not. A. They are lawfull. C. & B.] [Q. Whither if divorcement made by any other Commiffars than the Commiffars of Edinburgh, (the caufes of divorcement being lawfully proven,) be lawfull or not-. A. Impertinent. C.J Q. What punifhment falbe for ane Minifter that baptizes ane murtherers bairne not of that paroch, on ane Monday not being ane day of preaching, and without repentance of the murtherer remainand at the Kings home. A. He deferves depofitioun. 2 x 346 THE BOOKE OF THE 1575. [Q. A certaine man with his complices ravifheth, and violently taketh away a woman ; thereafter marrieth the faid woman, without proclama tion of bannes, neither folemnizes the marriage in face of the Kirk, but in privat houfe, Whether is the marriage lawfull ; the bearnes begotten therein legittimat, or not ; and what punifhment to the Minifter that fo abufeth marriage. A. Referres to the anfwer made before. Q. Whereas great inconveniences follow upon the refufal of certain Minifters, to adminiftrat the Sacrament of the Lords Supper on Pafche day, fuch as the profanation of the fame by privat perfons, in profane houfes, If it be lawfull for any Minifter to fatiffie the peoples appetit thereinto. A. Where the day is fuperftitioufly keeped, it is not thought meet that the Communion be miniftred that day. O] Q. If it be lawfull for any Minifter to difpenfe with the number of dayes appointit for the repentance of inceftuous and adulterous perfons, in refpea that the lyke obedience cannot be obtainit in all places. Na anfuer. Seflio 7a- [Anent the fupplication given in to the General Affembly be Alexander Arbuthnet, making mention, that where it is not unknown to your Wif doms, what great work and charge I have interprifed concerning the im printing of the Bible ; for accomplifhment whereof, your Wifdoms under- ftood, that the office of a correaor, his diligence and attendance therein is moft neceffar : And therefore I humbly defire your Wifdoms to requieft my Lord Abbot of Dumfermline to licentiat Mr George Young his fervant, whom I think moft fitt to attend vpon the faid work of correaorie, to concurre and affift me during the tyme of my travell, to the effea that the notable work begune and interprifed may be confummat and perfyted in all points : The charges and expenfes of his travells I fhall reafonably deburfe, conform to your Wifdoms difcretion, fo that the work may pafs foreward and be decent, as the honefty of the fame requires ; whereunto I require your Wifdoms diligent anfwer : And, in like manner, it is not unknown to your Wifdoms, that for the furtherance of the fame godly work tane on hand be me, the order is tane, that the Bifhops, Superinten- 1575. UNIVERSALL KIRK OF SCOTLAND. 347 dents and Commiffioners ffiould diligently travell for colfeaing, inbringing, and execution of the charge of our Soverane Lords letters direa to that effea : In confideration whereof I eameftly defire your Wifdoms to com mand and charge every Ordinar within his jurifdiaion, to put the faid letters to due execution, and make me to be payed, conform to the tenor of the fame, whereby the godly interprife of the famine may take full effea with expedition : And becaufe your Wifdoms fufficiently underftand, that the concurrence of my Lord Fewar of Orknay ffiall greatly help to the expedition of the faid work within his Lordffiips bounds, I humbly defire fupplication and requieft to be made to the faid Lord, that he would, within the bounds of his jurifdiaion, caufe obedience and payment be made, conform to the tenor of the faid letters ; whereby I your Wifdoms fervitour fliall pretermitt no kind of diligence, expenfes, or poffible power in me lyeth, that fo the faid godly work may take full furtherance and effea to the glory of God and the weale of his Kirk. The faid fupplication being read and confidered be the faid Affembly, they all in one voice give commiffion to the brethren appointed to prefent the articles to my Lord Regents Grace, to travell with my Lord Dum fermline for fatiffying the firft article ; and as concerning the reft, willingly condefcends to the fame. 348 THE BOOKE OF THE 1576. A. D. M.D.LXXVI. The Generall Affemblie of the Kirk conveinit in the Ovir Tolbuith of Edinburgh, the 24 of Apryle 1576 : Wher ther was prefent Lords, Baronis, the Bifchops of Glafgow, Dumblane, Dunkeld, Roffe, Brechine, Murray, Superintendents of Lowthiane and Angus, and Commiffioners of Countreyes, Townes, Kirks, and Minifters. Mr John Row, [Minifter of Perth,] Moderatour. Seflio la- [The Biffiop of Glafgow removed, was delated, For not preaching in the toun of Glafgow fince he entered in his office, and alwife rare preach ing, howbeit he was thought diligent in vifitation ; 2. That no injunaions were given to adulterers delated to him, nor fummoned to receive injunc tions ; 3. That kirks within his diocefe were not repaired ; 4. That he hath no particular flock ; and 5thly, Being required before his removing be the Moderator, to render the commiffion of vifitation he had in the hands of the Affembly, he anfwered not direaiy, but only, That he would do reafon. Being called in again, he anfwered to the firft, Preaching is the good gift of God, which is not equally bellowed on all, and excufed himfelf, that he was not fp able, nor fo liberally doted with underftanding as others ; always it cannot be denyed but that he preached, and efpecialy at Govean and other kirks, and was willing to doe his duty : To the fecond, If the particulars were expreffed, he would anfwer, but remembers not that he hath failed, as that head purports : To the 3d, He granted the 1576. UNIVERSALL KIRK OF SCOTLAND. 349 kirks are not repaired, and complains thereof as they do : To the 4th, That he received no particular flock in the entrie of his office, nor no queftion was then moved thereupon ; but if the Affembly think that he ffiould be aftriaed to a particular flock, he ffiould either obey the Ordinance of the Affembly therein, or give place to others : To the fyfth, If the Affembly findeth that the commiffion which he hath, fhould endure only from year to year, he is content with the cenfure of the Affemblie. The Superintendent of Lothiane removed, was complained upon, For rare vifitations, notwithftanding he had an aa of the Affembly, for con currence and affiftance of fuch as he would require thereto ; next, That he had initiat the Bifhop of Rofs in the Abbay of Halyrudhous, being admonifhed of the brethren not to doe it : Anfwered, That he had tra velled in vifitation till Januar, and fenfyne hath been fick, and could not charge any of the brethren be reafon of the evil weather : To the 2d, He grants his fault. The Biffiop of Dumblane removed, complained upon, That he had not taught fince his entrie to his office, nor yet makes refidence, nor hath a particular flock : Anfwered, He had not yet received any fruias of the benefice, hath been difeafed thir three weeks begane ; alwife promifeth amendement in time coming. Being demanded, If he would demitt the commiffion of vifitation which he had of the Affembly, anfwered, He was content, if the Affembly thought it good. The Bifhop of Murrey removed, was delated, firft, That he had no particular flock ; next, Charged be Mr Patrick Balfour, that his ftipend, be the negligence of the Biffiop, is changed, and his name left blank in the rolls, and a dead perfon called James Sibbet put in the room of another, that he is not able to edifie the flock ; He grants he hath no particular kirk : As for the rolls he fall take order with the Clerk, that if any wrong be done, it may be reformed, and that there is no dead man placed in the books : Farther, He declared he was prefently under procefs of horning, and, be the Regents Graces tollerance, came doun this day, to prefent himfelf to the Affembly. The Affembly, in refpea of his own confeffion, that he is at the horne, ordained him to be removed till he be relaxed. The Bifhop of Roffe being required to dimitt in the hands of the Affembly the jurifdiaion of Vifitation, which he had of the Affemblie, condefcended, and was exhorted to be diligent in vifitation. 350 THE BOOKE OF THE 1576. Seflio 2* Anent the aaion of accufation led againft Mr James Paton, called Biffiop of Dunkeld, for diminution of the rents of the Bifhoprick, be fetting of a 19 year tack of 36 chalders of viaual, for five fhilling 8 pennies the boll, to the Erie of Argile, continued to this prefent Affemblie : The faid Biffiop being prefent in Affemblie, inquired, What he had done fince the laft Convention of the Kirk, for repairing of the faid faa, declared, It had pleated my Lord Regents Grace to commune with the faid Erie in the faid matter, who promifed to his Grace and lykwife to himfelf, to fatiffie the Affembly therein, defiring a delay thereof to his coming : which defire being be vote of the Affembly refufed, with his other fute of delay, whill he conferred with the brethren appointed to that effea in the laft Affem blie, in refpea of the long continuation of tyme which he hath had fince the laft Generall Affembly, wherein he might have been fufficiently pro vided, and have confulted with the faid brethren, whofe deliberation he, not the lefs, hath not fought ; the faid Affembly defired, what defences he had, why the faid faa merits not deprivation, to propone the fame, namely, in refpea of the Aa of the Generall Aflembly made the 9 day of March 1569, Seflio 8, againft fuch perfons as diminiffi the rents and fruits of their benefices : Which aa being publickly read, the faid Bifhop alledged a certain obfcurity to ftand in thir words of the aa, " where the contraveners thereof are decerned to be deprived of their benefice ;" defiring the interpretation and meaning of the whole Kirk herein ; which being, be the greatefl part of the Affembly, refolved and interpret to be this, That the contraveeners of the faid aa fliall be deprived of their offices, and all that they have of the Kirk therethrough, fo far as this lies in the power of the Kirk : The faid Bifhop alledged and propounded, That the faid aa and execution thereof fhould not ftrike upon him, the fame being unknown to him, and never coming to his ears, nor never publiffied ; That an ordinance of the Kirk was, that all the aas of the Kirk fhould be revifed, and fuch as were found unmeet to be retained, to be tane away ; of which number he knowes not if the fame may be one : That the faid aa means only of Minifters, and of the fetting of manfes and gleebs, and is not meaned of Bifliops ; and laft, The faid faa done by him proceeded upon a moft juft fear, which might fall on a moft conftant man, 1576. UNIVERSALL KIRK OF SCOTLAND. 351 his houfe being befeiged, and his fon taken away. All which defences being at length heard and confidered be the brethren, and the faid matter being profoundly and freely reafoned be certain of the brethren, both of the Law of the eternal God, and upon the faid aa, in utramque partem, Whither the faid faa merits deprivation, or not : The whole circum- flances of the faa, together with the confeffion of the faid Bifliop weyed and rypely advifed be the Affembly prefently conveened, having chiefly regard to the glory of the name of God, and his Son Jefus Chrift, for the moft part refolved and concluded, The faid Bifhop to have contraveened the tenor of the faid aa, and therethrough to incurre the penaltie thereof, to wit, deprivation from his office, and that which he hath of the Kirk therethrough, fo far as lyes in their power for ever. The faid Bifhop appealed from the faid fentence verbo, to the Lords of Parliament. This fentence was thought meet be the Affembly, to be intimat to my Lord Regents Grace ; and lo that effea direaed Mr David Lindfay, Mi nifter of Leith, and Mr Patrick Cauftean. C.J Anent the pluralitie of offices objeait to Mr Robert Hamiltoun, Mi nifter of Sana Androes : The faid matter beand long debaittit with reafons on every fyde, and rypelie advyfit, the prefent Affembly, in refpea of the circumftance of place and congregation of Sana Androes, Finds and declares the twa offices joynit in his perfon to be incompatabill in him. [Mr Patrick Auchinleck, Commiffioner for the toun of Sana Andrews, protefted in name thereof, That this fentence prejudge not the toun of Sana Andrews, nor ingender any prejudice to them touching their Minif ter, without they be called and heard. Conforme to the order taken in the laft Affembly, for calling and fummoning of perlbns delated for non refidence, and dilapidation of their benefices, within every province, and for fuch as were then prefent and delated : The Affembly commandeth Mr James Hering, either to ferve and make refidence at his kirk, or elf'e to dimitt his benefice. The per fons with whom the Bifhops, Superintendents and Commiffioners had taken order with, conform to the ordinance of the Affembly ; James Stirline and John Kinnaird excommunicat be the Bifhop of Glafgow ; Mr John Rynd his accufation found to be untrue ; Mr John Colvill fummoned be the Vifiter to compear upon Fryday ; Andrew Spence had not obtained his Manfe, yet ufed reading in my Lord Forbes his houfe ; Mr William M'Gown, William Boile and James Stewart ordained to be 352 THE BOOKE OF THE 1576. charged be their Commiffioners refpeaive, to enter to their charges, and make refidence at their kirks, as becometh them. Mr David Lindfay and Mr Patrick Adamfon returned from my Lord Regents Grace, with his Graces anfwer concerning the Biffiop of Dunkeld, That the Kirk hath proceeded againft him, and deprived him worthilie for his offence, he could find no fault therein ; yet his defire is, that a policie and univerfal order were eftablifhed in the Kirk, for fiich and other pro ceedings ; and to that effea, fuch things are were penned in that argu ment in the laft conference, fhould be revifed and feen ; or that, with fome of the Counfell, if the heads conceived before miflyked them, they ffiould fitt doun and penne other heads ; or elfe, themfelves to fett doun and devife the faid policie, to be prefented to his Grace, that lawes may pafs thereupon. In this mean tyme, in cafe of the faid Bifhops complaint upon the Kirk to the Counfel, that fome of the learned be depute be the Affembly, to await upon the Counfel, and to reafone the matter formalie. The Generall Affembly hath defired the honourable men and brethren underwritten, to advife what anfwer ffiall be given to my Lord Regents Graces defire herein, to wit, the Lairds of Lochlevin, Wedderburne and Braid, with the Bifhop of Gfafgow, the Laird of Dun, Mr Robert Pont, Mr Andrew Melvill, Mr Clement Littill, Mr James Lowfon, Mr Alex ander Arbuthnet, Mr John Craig, Mr Patrick Adamfon, Mr David Lindfay ; and to that effea to conveen in the kirk, the morne at fix hours, and report their advice to the Affembly. C.J Anent the advyfe and opinioun of the brethren given in, in the laft Affemblie, concerning the queftioun movit, Whither if Bifhops, as they are now in Scotland, hes thair funaioun of the word of God : The haill Affemblie, for the greateft part, after reafoning and long difputation vpon every article of the faids brethrens opinioun and advyfe, refolutelie approvit and affirmit the fame, and every article thereof, as the fame is given be them ; quherof alfo the tenour is heir reportit. Firft, the name of Bifchop is commoun to all them that hes a particular flock, over quhilk he hes a particular charge, afweill to preach the word as to minifter the facraments, and to execute the ecclefiafticall difcipline with confent of his elders ; and this is his cheife funaioun in the word of God. Attour of the number may be chofin fome to have power to vifite and 1576. UNIVERSALL KIRK OF SCOTLAND. 353 overfie fick reafonable bounds befyd his awin flock, as the Generall Kirk fall appoint, and in thefe bounds to appoint Minifters, with confent of the Minifters of that province, and the confent of that flock to quhom they falbe appointit ; afweill to appoint Elders and Deacons in every particular congregation quher ther is none, with confent of the peiple thereof; and to fufpend Minifters for reafonable caufes, with confent of the Minifters forfaids : And to the effea that the faids articles condifcendit vpon be the faid Kirk, may be the better followit out, and readie executioun enfewit thervpon as appertaineth, Ordaines the Bifchops, quho hes not git receivit the charge of a particular congregation, to condifcend, on the morne, quhat particular flocks they will accept to take the cure therof. Seflio 4a- [Forfamekle as the great and intollerable burden lying to the charge of Bifhops, Superintendents and Commiffioners, is, and hath been the very caufe, that the whole Kirk within thir bounds could not be duely overfeen, con- fequently good difcipline unexercifed within the fame for lack of vifitation : Therefore it is thought meet, that fuch bounds be appointed to every Commiffioner and Vifitor, as may be duely vifit and overfeen be every one of them ; and to that effea the Affembly prefent hath efeaed the Com miffioners of Countries with the perfons joyned to them under named, to conveen at extraordinar hours to make a proper diftribution and divifion of the whole bounds of this realme, and to give in writt their opinions and judgement how every bounds may be beft vifited, to the morne at nine hours. The Names of the faid perfons follow, — For Galloway.John Duncanfon. Mr James Fothringhame. The Laird of Gadgeart. 354 THE BOOKE OF THE 1576. For Nithisdaill and Annandale. Peter Watfon. John Fullerton. Lyon Brown. Mr John Porterfield. Mr Andrew Polwart. For Tiviotdaill. Mr Andrew Clayhills. The Laird of Fawdounfide. For Tuedale.John Brand and The Laird of Traquair. For Lothian and Merce. The Superintendent of Lothian. Mr David Lindfay. The Laird of Braid. The Laird of Spott. David Hume. William Hume. For Fife. The Reaor of St Andrews. Patrick Weems. Patrick Kinninmonth. Mr James Wilkie. For Dunblane. The Biffiop of Dunblane. Mr William Stirline. Robert Graham. For Stratherne. The Laird of Craigie, Adie, and Strathurer. 1576. UNIVERSALL KIRK OF SCOTLAND. 355 Archibald Hering. Mr John Row. Andrew Merfer. For Air. The Biffiop of Glafgow. Mr John Young. George Campbell. The Minifter of Air. Mr David Cuninghame. For Cliddisdale. Mr Andrew Hay. Mr David Cunninghame. For Angus, Mernes, Stormont and Gowrie. The Laird of Dun. William Chriftefon. Mr Andrew Mylne. The young Laird of Dun. James Anderfon. For Aberdeen and Bamf. Mr John Craig. The Principal of Aberdeen. The Laird of Craig. The Laird of Innertowchie. Mr Gilbert Gairdin. For Murrey. Mr Robert Pont. Mr John Keith. Patrick Balfour. For Ross. The Biffiop of Roffe. 356 THE BOOKE OF THE 1576. Robert Graham. Mr John Monro. For Cathness.Adam Davidfon. Robert Graham. For order to be tane with the parts of Argile, ordaines Mr Andrew Hay to defire my Lord Argile to be prefent in the Affembly : and ficklyk ordaines the Reaor of Sana Andrews, Mr John Row, Mr Patrick Adamfon, Mr Alexander Arbuthnet and Mr Andrew Melvill, to pafs to my Lord Regents Grace, and declare to him the proceedings of the Kirk in this matter, the morne at feven hours. Anent the lamentable writing direa from the French Kirk exiled in England to the Kirk of Scotland, bewailing their forrowfull eftate and condition, and defiring the almes colfeaed be the brethren to be fent to them : The whole Affembly, after reading of the faid writting, with the procurator of the faid exiled brethren direa for receiving of the faid con tribution, being inwardly touched with the forrow of their brethren grievoufly borne at under with the hard dart of neceffity, willing, with all heartie and tender affeaion, to utter their brotherly care toward them, has ordained the fummes already colfeaed to be delivered and fent away to them, with fiich fecuritie as fhall be devifedbe their brethren, Mr James Lowfon, Minifter of Edinburgh, and Mr David Lindfay, Minifter of Leith : And, in the mean tyme, becaus a great part hath promifed their charitable almes, which is not yet performed, ordaines the Bifhops, Superintendents and Commiffioners of Countries to labour earneftly at their hands, for inbringing of the famen within 20 days next thereafter, and what is ingathered to deliver the fame to Mr James Lowfon, Minifter of Edin burgh ; and a general writting to be framed be Mr David Lindfay to this effea. The brethren appointed to conceive and forme the power and jurif diaion which ffiall be given be the Kirk to the Vifitors of Countries, gave in their judgement and advice therein, which was allowed and approved of the whole Affembly : The tenor whereof followeth. 1576. UNIVERSALL KIRK OF SCOTLAND. 357 Articles concerning the Office of Vifitors. That he call the reft of the Minifters together within the bounds of his vifitation, as alfo to hold Synodall Affemblies, to be Moderator there, to try the Minifters, and have the overfight of the fchooles ; and he to be tried be this Affemblie : To propone the matters that are to be confulted of, to gather the votes, and declare what is found be votes. He fhall have the overfight of all the particular Kirks within the bounds of his vifitation, and Minifters thereof, that every one of the Minifters exerce their own vocation diligently with their own congregations, and in the bounds of his vifitation ; to appoint Minifters with advice of the Miniftrie of the Province, affembled in the Provincial Affemblyes, at the leaft fix of the beft learned within his bounds, or in laiking of that, of the next adjacent, to be chofen in'the Synodal Affemblie, with the confent of the people to whom he fhall be appointed Minifter : and that becaus the power ftands not in the Vifiter, but in the Kirk, as to the fufpenfion or depofition of any Minifter from his office, the famen fall be done be the Vifiter and Miniftrie in the faid Synodal Affemblies, the caus being there tried, particular intimation being made to his particular congregation to be prefent ; except fome urgent caufe occurre, that it be neceffar to doe the fame with ffiort advice ; as if the Minifter committ fome notorious crime, whereby he cannot be longer retained in his office : In the which caus the Vifiter may conveen them that are upon the exercife in that Province, and they with him, and the Seffion of the particular Kirk, to proceed to fufpenfion be the lawfull tryal of the offence. Upon the prefentations of Patrons to the Vifiter, he, with confent of the Synodall Affembly of his Province, fall give his letters teflimonial to him that is prefented, lawfull impediments being tane away, at the leaft with advice of fix Minifters within his bounds, or in lacking that, of the next adjacent, to be chofen in the Synodal Affembly, providing always that the confent of the flock where he ffiould be appointed be had, or elfe a reafonable caus be them fhowen why not ; and in cafe he had been a Minifter before, he to receive his letters teftimonials upon the prefenta tion, with the advice of the Minifters of the Exercife within that Province ; and none to give collation of any benefice without the bounds appointed to him be Commiffion of the Kirk. 358 THE BOOKE OF THE 1576. That an admonition be made to all Minifters, that unadvifedly they pro ceed not to excommunicat ; and if difficultie arife herein, that the Vifiter and the reft of the countrie be advifed with ; and ficklyk in abfolution. Where there is notEcclefia bene conftituta, that he travell to conftitute it. That he take head to the keeping of Exercife, repairing of kirks, kirk yairds, defignation of manfes and gleebs, and all other charges pertaining ad decorum Ecclefise, and granted to the Kirk be the Lawes of the Countrie. For reading and anfwering of bills and fupplications, to be given in to this prefent Affembly, and, ficklyke, for reviewing of the books of Vifita tion, the Kirk deputes their brethren underwritten : They are to fay, Mr Robert Hamiltoun, Mr Alexander Arbuthnet, Mr Andrew Melvill, Mr John Craig, Mr Gilbert Gairdin, Mr Andrew Cuningham, Mr An drew Polwart, John Brand, Mr John Duncanfon, Mr Andrew Clayhills, to conveen every day in the morning, till the fame be anfwered and reviewed. To the queftion moved, If a Bifhop, Superintendent or Commiffioner of a Countrie may remove a Reader from a kirk, he being lawfully placed thereat, without a juft caufe : It was anfwered be the Affemblie, That he may not be removed be them, without a juft caufe. Seflio 5a- According to the order taken the day preceeding, the brethren and others appointed to the limitation of the bounds to be committed to the Vifiters of Countries, gave in their judgment, how they might be beft and moft commodioufly vifited ; wherewith the Affembly being advifed, divided the bounds to the Vifiters underwritten, as after followes : — To Mr Gilbert Foulfie, ") ^ , , „ ., , . „ , , , y Orknay and Aetland. Mr James Annand, J J *-" The Bifhop of Rofs, and his particular Kirk to be ") „ /¦ Channonrie of Rofs, of his own confent, J Mr George Hay, - - Cathnefs. The Bifhop of Murray with affiftance ") Murrey. of Mr George Hay, as he may, J } 1576. UNIVERSALL KIRK OF SCOTLAND. 359 Mr Gilbert Gairdin : — Aberdeen and Bamff, the Kirks of Boyn and Buchan from Etham, not exeeming Mr George Hay his Kirk. Mr John Craig : — The Laigh of Marr and Garrioch, with the Kirks of the Mernes beyond the Munt upon the water of Dee. John Strathawechin : — The High of Marr and Garrioch, with Mr George Hay his kirk. The Laird of Dun, William Chriftefon, J- Angus and Merns. James Anderfon, Mr John Row, with the affiftance of Duncan M'Aula : — The bounds of Dunkeld, with the kirks of Sana Andrews within Strathern, except the kirks of Dunkell within Fife and Angus, committed to the Vi fiters thereof. The Biffiop of Dumblane : — Dumblane, and the Kirk of Dumblane to be his particular kirk, of his own confent. Mr John Winrame with fuch others as he fhall chufe, with advice of the Commiffioners that are to pafs to Sana Andrews : — -Fife from Sana An drews to Leven. David Fergufon : — From Leven to Cambufkenneth, the kirks of the Diocefe of Sana Andrews, from Forth to Tay on both fides, to New- burgh, and therefra weft, on the South fide of the Ochills, the kirks of Sana Andrews and Dunkeld. The Superintendent of Lothian, 1 From Stirline to the Mr James Lowfon, J Water of Leith. Mr David Lindfay : — From the Water of Leith to Cockburnes Peth inclufive. John Clapperton, Minifter of C'oldftreem : — Of Merce and Lamermuir. Mr Andrew Clayhills : — For Tiviotdaill. John Brand : — For Tueddall. Mr Andrew Hay, ~) For Cliddifdail, Renfrew, Mr David Cuningham, J and Lennox. Mr Peter Watfon : — For Nithifdale and Annandale. Mr John Duncanfon : — For Galloway. The Bifchop of Glafgow being inquired, If he would accept of a parti cular charge and flock, or not, gave in his anfwer in writt to the Affembly, That he is content, while the next Affemblie, unbound to travel with fome 360 THE BOOKE OF THE 1576, feveral pariffies, at fuch tyme as his leafure and other neceffar caufes will permit, provyding he be not aftricted to the faid congregation ; and at the next Affembly he fall give his anfwer, whither he will accept a parti cular flock or not : and if he refufe, the Kirk not to reprove him for his laft promife ; and if he accept one, the famen fall be at his own option, and fall have another to affift him in the Miniftrie of the faid flock, becaufe of his vifitations and other charges : And alfo that the faid Bifhop fhall not be precluded of his office accuftomed in the reft of the parts of his Dio cie, and fervice of the King, conform to the firft admiffion ; and defired thir things to be allowed be the Affemblie now prefent. The Generall Affemblie continues him in the office of Vifitation of the bounds which he had before, to their next Affemblie. C] Mr James Lowfon, Robert Pont, Alexander Arbuthnet, William Chrif tefon, Johne Row and Johne Craig, with the Laird of Dun, are ordainit Commiffioners to vifite the Colledges of the Vniverfitie of Sana Androes, and to confidder the fame, the maner and the eftate therof ; and quhat they find to report to the nixt Affemblie. [Anent the queftion moved in the Affemblie, Whither if the Affembly may proceed againft the unjuft poffeffors of the patrimony of the Kirk and the poor, or not ; and if they may proceed, how far they may : For an- fwering direaiy and formally hereto, the Affembly thought meet ; firft, it ffiould be reafoned and difputed, If the Affembly may proceed againft fuch perfons, unjuft poffeffors of the faid Patrimony of the Kirk ; and after debating of the argument on either fide, C] The haill Affemblie con cludit affirmative, That they may proceid againft unjuft poffeffours of the Patrimonie of the Kirk, in refpea of the notorious flander ; [and that as upon flander,] and ficklyke, that they proceid againft them be doarine and admonitioun ; and laft of all, if no remeid beis, with the cenfures of the Kirk : and farther, that the Patrimonie of the Kirk, quhervpon the Kirk, the poore, the fchooles fould be fuftainit, is ex jure divino ; leivand the farther difputation of this matter to the firft day of May nixt ; and then the defcription of the Patrimonie of the Kirk to be inquyrit at that day, and farther reafoning had for full refolution of the queftioun. 1576. UNIVERSALL KIRK OF SCOTLAND. 361 Seflio 7a- [Forfameikle as there are diverfe queftions and difficulties moved, and proponed to this Affemblie, whereof the full and finall refolution, be reafon of the fhortnefs of the continuance of this Affembly, cannot prefently be had, it is thought meet, That a copy of the faids queftions be delivered to the Bifhops, Superintendents and Vifiters of Countries, to be propounded and advifed in their Provinciall Conventioun, and reported again to the next Generall Affemblie. The Biffiop of Murrey, required be the Affembly to give proof of his doarine be the brethren, declared, That he was content to give fpecimen and proof of his underftanding, in the toun of Aberdeen, Dundie, or Mur rey, before Mr John Craig, Minifter of Aberdeen, and Mr Alexander Arbuthnet. The Affembly ordaines him to give the proof of his teaching before the faids perfons, in their Provincial Affemblie next to come in Aberdeen, and the faid brethren to report their judgment and opinion thereof to the next Generall Affembly : Farther, the faid Bifhop, at the will and fight of the faid Affemblie, was content to accept the cure of a particular flock. C] [Ordained their brethren, Mr Robert Pont, Proveft of the Trinitie Col ledge, Mr James Lowfon, Minifter of Edinburgh, Mr Alexander Arbuth net, Principal of the Colledge of Aberdeen, Mr Andrew Hay, Perfon of Renfrew, Mr David Lindfay, Minifter of Leith, to review and overfie the book wrytin be their brother, Mr George Hay, contra Tyrie, and to confider and try the faid work ; and what judgment or opinion they conceive, the famen to propound to the next Affemblie of the brethren. C. & B.] [Anent the demand of Mr Andrew Hay, Perfon of Renfrew, If every Vilitor within his own bounds hath like power and jurifdiaion to plant Minifters, fufpend or depofe for reafonable caufes : The Affemblie refolv ed affirmative, That they have a like power and jurifdiaion therein, as is contained in the particular articles printed concerning the jurifdiaion of the Vifitors. Forfameikle as it is heavieiy deplored and lamented be certain of the godly brethren, That the Countrie, in all quarters thereof, is miferably divided in faaions and deadly feed, in lb much as the parifhoners, for fear 2z 362 THE BOOKE OF THE 1576. and fufpicion which they have of others, dar not refort to their parifh kirks, to hear the word of unity preached, nor to receive the facrament and feals of their falvation ; quherof rifeth a ffiamefull and infufferable flander to the Kirk of God, and his true religion within this realme : It is therefore thought good, and concluded univerfally, That the Vifitors of the Countries in all parts zealoufly fhall endeavour themfelves, and travell with parties, to reduce and bring them to a chriftian unitie and brotherly concord, as becometh the brethren and members of Jefus Chrift ; exhorting them, as they tender the falvation and well of their own fouls, to be at a heartie concord one with another, that the blelfing which is pronunced for the peaceable may be imparted and given to them ; and flander and offence arifeing to the Kirk through the occafion of their ungodly faaions, may be cutt off and removed. C] [For making an overture of the policie and jurifdiaion of the Kirk, and uttering the plain and fimple meaning of the Affemblie therein, the Affem bly prefent hath moved and requiefted their brethren underwritten, to tra vell and take pains to reafon and conferr upon the heads of the faid argu ment, and to deliberat gravely and circumfpeaiy thereupon, that they report their opinions advifedly to the next General Affembly, that is to fay, For the Weft Countrey, the Bifchop of Glafgow, Mrs Andro Mel vill, Andro Hay, James Greige, David Cunighame ; for Lowthiane, Mrs Robert Pont, James Lowfone, David Lindfay, Ciement Litle and Alexander Syme ; for Fyffe, The Superintendent therof, with the princi pall Mafters of the Vniverfitie ; for Angus and Mernes, the Laird of Dun, William Chriftefon, Johne Row, William Rynd, Johne Duncanfone ; for Aberdeen, Mr Johne Craig, Alexander Arbuthnet, George Hay : and thir perfons to conveine ilk countrey and rank in the places following, viz. The Weft in Glafgow ; Lowthiane in Edinburgh ; Fyfe in Sana An droes ; Angus in Montrois, the firft Tuefday of Junij next to come, to conferre and advyfe vpon the faid matter, and make generall meiting and conventioun, twa or ane at leaft, of ilk countrey above wrytin, in Stirling, the laft of Julij therafter, to communicat and cognofce vpon thair haill travells and labours taken heirin, and to conferre vniverfallie heirvpon together, and report quhat they have found and conceivit in the faid mat ter, to the nixt Affemblie quhilk is appointit to be in Edinburgh the 24 of Oaober nixt to come, in cace no Parliament : and in cace of a Parliament, 1576. UNIVERSALL KIRK OF SCOTLAND. 363 the Kirk ordaines the Minifters of Edinburgh to make intimatioun therof to the Bifchops, Superintendents and Vifitors of countreyis, that the Kirk may be conveinit foure dayes befor the faid Parliament, and that the Barrones and gentlemen be exhortit to be prefent with the Commiffioners appointit in the Provinciall Affemblies. C. & B.] 364 THE BOOKE OF THE 1576. A. D. M.D.LXXVI. The Generall Affemblie conveinit at Edinburgh, the xxiiij day of Oaober 1576 : Wher there was prefent the Bifchops of Glafgow and Dumblane, Superintendents, Commiffioners of Pro vinces, Townes, and Vniverfities. Mr John Craig [Minifter of AberdeenJ Moderatour. Seflio la [In the tryal of Bifhops, Superintendents and Commiffioners, Mr Andrew Clayhills, Commiffioner of Tiviotdale, was complained upon, That, after he had difcharged the Minifter of Ankrom to baptize a mans child, who had an idol in his houfe, he himfelf came after, and caufed the faid Minifter to pafs out of his pulpit, and baptized the bearne, whereupon a ffiifme followed in his congregation : 2dly, He had refufed to give forth an edia, as the Synodall Affembly had ordained, to fummond perfons who had not repaired to the Communion : 3dly, He would not be tryed be the Synodall Affemblie, as they were be him, but faid that he would be fuperior over them : Fourthly, That he reftored two Readers who were fufpended be the faid Affembly, within eight days after their fufpenfion, without their advice. To the firft, he anfwered, He baptized the faid beam, becaus after that George Johnfton, Minifter, had refufed to baptize him at his command, the woman who bear the beam, conceived difpleafure and dyed ; whereupon her hufband conceived a deadly feed againft the Minifter, and would not fuffer him to baptize the bearne ; alwife, after 1576. UNIVERSALL KIRK OF SCOTLAND. 365 promife taken to put away his idol, for efhewing of greater inconvenience, he baptized the beam. The 2d and 3d he denyed. As to the laft, He reftored the Reader with confent of the brethren. Mr George Hay, Commiffioner of Cathnefs, at the defire of the Affem bly, rendered up his commiffion, as alfo did the reft of the Commiffioners who were prefent. Mr Andrew Hay, John Duncanfon, Mr Peter Watfon, Mr John Row, were not only willing to give up their commiffions, but alfo craved to be exhonered thereof. C] Mr John Row, David Lindefay, Patrick Adamfone, were direait fra the Affemblie to fute my Lord Regents Graces prefence at this Conven tion, or vthers authorizit with his commiffioun. Seflio 2* [The brethren direaed to my Lord Regents Grace] reportit, That the charge of the Kirk came fo fuddenlie [to him] that he could not be prefent, nor addreffe his Commiffioners thereto : Alwayes, if the Kirk thinks meitt, he fall appoint certaine of the Counfell to conveine with the Com miffioners quhilk the Kirk fall appoint, at fick tymes as the Kirk fall think good, to conferre vpon fick things as may further the glorie of God. [Forfamekle as the Affembly preceeding had given commiffion to fome of the brethren to confult upon the matter of the Policie of the Kirk, and to report their judgment contained formalie in writt to this Affemblie, wherein fome travels have been taken be the brethren, and fomething penned : C] It is thoght good be the Kirk, That fick things as are alreadie pennit anent the Policie of the Kirk, as was ordainit be the laft Affemblie, fould be revifit, and vther things quhilk falbe prefentlie given in, fightit and put in good forme [and order :] And to that effea the Kirk requeifts my Lord Chancellar, the Laird of Lundie, Mr Andro Hay, Andro Melvill, James Lowfone, Johne Durie) Robert Pont, James Wilkie, Reaor of the Vniverfitie of Sana Androes, Johne Row, George Hay, Clement Litle, to conveine at afternoone, and daylie dureand the Affem blie, at fick hours as they aggrie vpon, to conferre vpon the things already pennit, with vthers quhilk wilbe given in, and advyfe therevpon, colfea together in good forme, and prefent the fame to the Affemblie, befor the diffolving therof. 366 THE BOOKE OF THE 1576. Becaufe of the multitude of the bookes of Commiffionars quhilks are to be examinat in the Generall Affemblies, and large tyme fpendit therin ; befyd lick as are deput thereto knows not the proceidings of the faids Commiffioners fa weill as thair Synodall Affemblies : Therfor, it is deereit and ftatute be the Kirk prefent, That the bookes of the Vifitors and Com miffioners be tryit and fein in there Synodall Affemblies, and fubfcryvit be the Clerks therof, and the moft part of the faid Affemblie, and reportit againe to ilk Generall Affemblie be the Commiffioners, that the Kirk may confider thair diligence in thair offices. [The Affembly remembring the Bifhop of Murrey his admiffion to ftand yet under queftion, and that he, with his Chapter, was ordained to have been fummoned to fundrie Affemblies, to have heard trial taken of the . faid procefs, with certification, if they compeared not, the famen ffiould be declared null and void in itfelf in tymes coming, and yet nothing done, hath ordained fummonds to be direa, fummoning him, with the Chapter forefaid, To produce the faid procefs, and hear trial taken therein, the fecond day of the next Affembly, with certification, if they compeared not, the fame ffiall be declared null and void in the felf in times coming ; to be execut be their brethren, Mr George Hay, &c, Forfamekle as the difhaunting and intermiflion of Exercife almoft every where is greatly lamented, and the chief reafon thereof is for lack of penaltie and punifhment of fuch as either ffiould prophefie themfelves, or occupy the fecond place of Addition : Therefore C.J The Affemblie prefent hes [thought meet andj ordainit, That all Minifters and Reidars within aught myles, or vtherwayes at the good difcretioun of the Vifitor, fall refort to the place of Exercife ilk day of Exercife, and namelie the Minifters that fould prophecie, and that fould adde : Quherin if either of thefe two failzie, That, for the firft fault, in prefence of the brethren of the Exercife, vpon thair knees they confeffe thair offence ; That, for the fecond, they make the lyke fubmiffioun befor the Synodall Affemblie ; if they incurre the thrid, That they be fummoned befor the Generall Affembly, and receive difcipline for their offence ; and if they fall in the fourth fault, That they be depryvit of thair offices and funaiouns of the Miniftrie. The Kirk gives commiffion to the Laird of Dunne to fummound Mr James Fotheringame befor him, and to take tryall of the flander of haynous adulterie betuixt him and Margret Lindefay, and of ane pretendit mariage 1576. UNIVERSALL KIRK OF SCOTLAND. 367 alledgit folemnizat and compleit betuixt them, and to report his proceiding heirintill to the next Generall Affemblie ; with power alfo to him, to charge the faid Mr James and Margret Lindefay to feparate themfelves fra vther, quhill tryall be takin of the faid flander, under the paine of excommunica tion ; and if they diffobey, to excommunicat them : And, in the meane tyme, in refpea' of the contempt of the Kirk, in not making his purgatioun of the faid flander befor the faid Superintendent, being thereto fummoned, the Affemblie prefent fufpends him fra all funaioun and office within the Kirk. Seflio 3a- Anent the propofitioun of certaine brethren of the Affemblie, declarand that the Regents Grace hes prefentit Mr Patrick Adam fone to the Biffioprick of Sana Androes, and that, be the ordinance of the Affemblie, Bifchops fould be tryit befor them, befor they be ad mittit be the Chapter, Requyreand both the counfell and advyfe of the Kirk herein : The faid Mr Patrick being prefent anfuerit, That my Lord Regents Grace had difchargeit him to proceid farther in this matter, in refpea the faid aa and ordinance of the Kirk is not accordit on ; and therfor he wald not midle farther and make inftance therein ; quhilk anfuer the Kirk thocht fould be given be the Chapter to my Lord Regents Grace. Seflio 4a- [The Affembly thought meet, that Mr Patrick Adamfon, Mr John Row and Mr David Lindfay notifie to the Regents Grace the order to be taken for the Vifitors of Countries, and what number the Affembly thinks good, according to the divifion of the bounds, with the names of the Vifitors, if he ffiall require ; defiring provifion to be made for them, and to returne his Graces anfuer again. 368 THE BOOKE OF THE 1576. Seflio 5a- The brethren direa to the Regents Grace, to know his Graces will concerning the Vifitors, returned his anfwer, That he would be advifed with the rolls and the Colleaour. C. & B.J [The Affembly continueth all the Commiffioners that were appointed in the laft Affemblie, except Mr John Gairdin, in their offices till the next Affembly ; and in place of the faid Mr John Gardin, gives commiffion to John Vre to vifit the bounds appointit to the faid Mr John of before. Mr Andrew Hay protefted, That he be not oblifhed to farther than he may doe reafonably upon his own expenfes, otherwayes accepteth not the commiffion. The fame day, C.J Alexander Hay, Clark to the Secreit Counfell, prefentit to the Affemblie certaine queftiouns, quherof he craveit decffion for the better expedition of the platt ; declaring it to be my Lord Regents Graces will, at the leaft fo many as now may [goodlyj have refolutioun ; [that others of greater importance and difficulty be referved to better op- portunitie.] [The Queftions are not extant in the Regifter of the Affembly, but the tenour of them found in a certain copy, followeth : — 1. Ought there to be any degrees of dignitie, and order among Mi nifters, in refpea of learning, age, or places where they make refidence. 2. May Elders, Deacons, Minifters once efeaed, and accepting the charge, leave the fame again during their lifetyme. 3. Shall the order of the Elders and Deacons be alike in every pariffi, as well without burgh, as within ; in little pariffies, as mekle ; as well where there wants a Minifter, as where there is one ; fall their power and authority be in every particular parifli alike, and their number alike. 4. Ought any teinds or dueties be fought from the parochiners that want miniftration. 1576. UNIVERSALL KIRK OF SCOTLAND. 369 5. Refteth the power of excommunication with the Minifter, Elders and Deacons of every particular Kirk ; or is it requifit, That they receive advice and direaion thereanent from the Archbifhop, Biffiop, Superinten dent, Commiffioner or Vifitor of the Diocie. 6. How many of their names and offices are tolerable in Gods Kirk ; and what is the difference between them. 7. Shall he that overfeeth the other Minifters, whether he be provided for term of life, or for a tyme, do things him alone, or fhall he have any Counfell, Affeffors or Chapter. 8. How far may the Minifters, Elders and Deacons of every particular kirk and parifh proceed ; and in what caufes. 9, What caufe properly belongs to the decifion of the particular Affem bly of any Diocie, Shyre or Province ; who are fubjea to conveen thereto, how oft, and at what places. 10. How many Generall Affemblies ought to be within a kingdom ; be whom they fhould be convocat ; for what caufe ; what forme of fum- moning and of proceeding ; who fall be Prefident ; and how many fall have power of voting ; upon what matters may the Generall Affemblie intreat ; what executions and pains upon the aas and decreets ; what perfons ought ordinarly to be prefent thereat ; what paines againft them that ought to come, and abfent themfelves ; how far may be proceeded, in cafe the greateft part that fhould come, compear not ; and whether may the fewer number conveening, give law to the greater being abfent. 11. Who fall occupie the place of the Ecclefiaftical Eftate in the Kings Parliaments, Conventions and Counfels, and how many. 12. What is the proper patrimonie of the Kirk. 13. Sail all Minifters livings be alyke in quantitie, becaufe they are thought to be alike in dignitie. 14. He who is thought worthy to preach the word and minifter the facraments, Is he not alfo worthy to be promoved to any benefice, feing it is thought there is no preferment of dignitie among Minifters in refpe6t of anie qualitie. 15. Sail benefices be conferred to particular Minifters in title, or fall the rents of all come to a common colfeaion, and be diftributed at the difcretion of the General Affemblie of the Diocie. 1.6. Shall the Diocefe, or provinces and the paroiches continue accord- 3 A 370 THE BOOKE OF THE 1576. ing to the prefent divifion of them ; or if there appeareth any alteration requifit, be whofe authority ought it to be done. 17. What are the caufes, and what fall be the manner of fufpenfion and deprivation of perfons being in the Miniftrie from their funaions and livings, and whether ffiall the procefs .... or fhall the perfon accufed have a lybell to anfwer unto, and what execution fall follow upon the fentence. 18. Shall depofition from the office and funaion induce alfo deprivation from the benefice and living, and what forme of procefs in that behalf. 19. Whether dilapidation of the rents of the benefices, non refidence, pluralities, committing of flaughter, adultery, fimony and fuch deteftable crimes deferve deprivation of perfons provyded to benefices, and what manner of judgment therefore. 20. What is Simonie. 21. If non refidence of perfons bruiking benefices, and occupying of ordinary offices in the Kirk, merits deprivation, why ffiould not the order as well extend to them provyded of old, as to them provided fince the Kings coronation, confidering whatever is unlawfull againft confcience, and contrar the will of God at this prefent, hath been wrong and unjuft in all times preceeding ; and the longer unjuft poffeffion continues, it heapeth the greater damnation upon the poffeffors. 22. Whether may any man be both a Minifter, and a Mafter of a fchool, or Provoft of a Colledge. 23. Whether may a man be both a Bifliop, and a Lord of the Seat. 24. Whether may a man be both a Minifter and a Procurator or Man of Law, a Sheriff, a Toun Clerk, a Notar or a Confiftorie Clerk. 25. Whether may a man be both a Minifter and a Commiffar of the Confiftorie. 26. Whether may a man be both a Minifter and a Sheriff or Juftice Criminail, or Provoft, Bailiff or Seargant of a toun. 27. Whether may a man be both a Minifter and a Reader, or an officer of armes, or a Lord or Lairds ftewart, grieve, pantryman, or porter. 28. Whether if a man may be both a laird or landed man, and there- withall a Minifter or a Reader : in cafe the Kings proclamation come, or that he be fummoned upon affifes or inquiefts in criminal or civil caufes, 1576. UNIVERSALL KIRK OF SCOTLAND. 371 ought he to pafs to the warrs, and keep the Shireff and Juftice Courts ; or is he, be any law, exeemed, in refpea of his miniftration or reading. 29. In cafe the Minifter or Bifhop conquefs lands to be holden of the King, or other fuperior, for perfonal fervice in the warres or ficklyke, how may he of confcience difcharge both the one and the other funaion. 30. Shall payment of the thrids be perpetual, or for a time. 31. What benefices prefently ought to pay thrids, and what benefices none. 32. What provifion for the wives and bearnes of the Minifters deceaf- fing, and how long ffiall they continue with the manfes and gleebs unre- moved. 33. Who fhall be judges in caufes of matrimony and divorcement, of teftaments, of the right of patronages, of benefices, of tinfell and depriva tion from benefices, of the payment of Ecclefiaftical rents and livings, of flanders. 34. How many fufficient and worthy Minifters to preach the word and minifter the facraments, is there prefently within the realme of Scotland, and what are their names, at what kirks were it meeteft to place them, what living and ftipend to appoint to every one of them, and whether meeter to. provide them for terme of life, or but from Aflembly. 35. What ffiall be the condition of kirks and parochies, where no Mi nifters are prefently to be placed. 36. Shall the Readers be prefently difcharged, or not ; what are there names, and how many of them efteem ye worthy or unworthie to be continued. 37. A man provyded of old to a benefice, and now ferving at another kirk for a ftipend, Whether is he juft poffeffor of the benefice, or may he be compted mercenarius for his ftipend. 38. What difference to accept the title of a benefice of four parifh kirks annexed to it, and to accept the fervice and miniftration of four feveral parifh kirks that are no greater bounds nor number of parifhioners than the other. 39. Are the articles and forms accorded upon at Leith, in Januar 1571, altogether to be followed, or altogether prefently to be caften off and reieaed j or what indifferent thing were proper and convenient to be followed. 40. Is it againft confcience and good order, That one man fhall be 372 THE BOOKE OF THE 1576. appointed Reader to fundrie kirks, or that one mans name fall be twife written in the book to two fundrie places, that he may thereby get two ftipends. 41. Whether hath the City of Geneva committed facriledge, or not, in appointing of the rents and teinds of their Bifhoprick to their common theafure, paying but a certain portion thereof to the ftipends of their Minifters. 42. Since be the lovable cuftome of the primitive Kirk, the Kirk rents were diftributed in four parts, viz. to the fchools, the poor, the upholding of kirks, and the Minifter or Paftor, Ought not the rents of all benefices and ftipends now poffeffed and received be Minifters, and the rents of all lands, or teinds conquiffed and poffeffed be them, either of the former kirk rents, or be meane thereof be the new reformed Kirk of Scotland, femblablie be divided, and applyed according to this order of the primitive Kirk. C] Anent the qualities of Readers, It is thought meit, That the haill Reidars within this realme falbe examinat and tryit de novo in thair Syno dall Affemblies ; and if, after examinatioun, they be found to want the qualities prefcryvit in the Booke of Difcipline, to be depofit, and removit fra thair offices : And, ficklyke, That no Reidar within this realme minifter the holie facraments of the Lord, except fick as hes the words of exhorta tioun, in their mouths. [For reiding of the bills and fupplicatiouns given in to this Affemblie, and anfwering thereof, the Affembly hath named and deput their breth ren, Mr James Melvill, Mr Andrew Mylne, Mr James Carmichael, John Duncanfone. C.J Seflio 6a- [Anent the propofition made be Mr Henry Kinrofs, Advocat, in name of our Soverain Lords Seffion, putting the Affemblie in remembrance of an aa and order made be them, for in bringing of the perfones defuna, 1576. UNIVERSALL KIRK OF SCOTLAND. 373 defireing the Kirks anfwer, what had been done herein : The Affembly and Commiffioners prefent underftanding be the greateft part of the brethren, that the faid aa was not put in execution for tack of knowing of the fame ; after public reading thereof, ordaines the faid aa and ordin ance to be keeped and obferved againft the next Affemblie ; and the names of the perfons deceifed fince the date hereof, to be reported to the Generall Affembly, conforme to the faid ordinance : And to the effea, that the fame may be univerfally keeped and obferved in times coming, It is thoght meitt, that in every parochin, ther be perfons appointed to break the earth, and to make fepulchres, that fall notifie the names of the per fons deceiflit to the Reidars, that they may prefent the fame to the Com miffioners, to report the fame to the Generall Affemblie. C. & B.J Forfameikle as the Kirk and Commiffioners prefent, advyfedlie con- fiddering the great prejudice and hurt done to the Kirk of God be bene ficit perfons within the Miniftrie, that fetts fewis and taks of thair bene fices and ecclefiaftical livings, lands, rents, teinds and fruites of the famein, defraudand not only their fucceffours of that quhilk juftlie fould pertaine to them, and quhervpon they aught to be fuftainit ; bot alfo bringand vpon the Kirk be thair inordinat and corrupt dealing, infinite flanders and in- convenients : Therfor, with vniformitie of votes and myndes, they have concludit, That no beneficit perfon within the Miniftrie, Bifchops or vthers, fall fett fewis or taks of their benefices, or ecclefiaftical livings, lands, rents, teinds and fruites of the fame, or any part therof, to quhatfoevir perfon or perfons, without the advyfe and confent of the General Affemblie of the Kirk : and, ficklyke, that no Minifter fubfcryve nor give thair confent to the faids fewis or taks, in any wayes, quhill they fie the confent of the Af femblie. For better refolution of the queftiouns given in be Alexander Hay, Clerk of the Secreit Counfell, and expeditioun of the matter of the Policie ; The Kirk prefent hes ordainit Mr Johne Craig, William Chriftefone ; George Hay, John Duncanfone, Andro Melvill, James Melvill, Andro Hay, David Cunnighame, Johne Row, James Greig, James Lowfone, David Lindefay, Robert Pont, David Fergufone, Robert Hamiltoun, Johne Robertfone, Johne Erfkine of Dunne, ane of the Vifitours of Angus and Mearnes, if he beis prefent, to conveine the nixt day after the diffolu tion of this Affemblie, and vifit and confidder the heids of the Policie, ad vyfe and confult diligentlie therupon, and vpon the faids queftiouns, and 374 THE BOOKE OF THE 1576. to report their judgements theranent, conceivit formallie in wryt, to the next Affemblie. [Anent the heads and articles of accufation given againft Mr Thomas Hepburne : The Affembly committs the vifitation of the fame to their brethren, Mr John Row, Mr James Lawfon, Mr David Lindfey and Mr Andrew Melvill, and to receive his anfwers to the faid accufations after noon. The fame day the accufations with their anfwers being reported to the Affembly at afternoon, and read, and the faid Mr Thomas inquired, namely, of the doarine taught be him, That no Soul entereth in heaven, where Chrift is glorified, while the latter judgement, if the fame be damn able and erroneous, or not : Anfwered, That he had learned the famen opinion out of certain ancient Doaors of the Kirk ; neverthelefs if a bet ter reafon be brought to refute the famen, he will not adhere contumaci- oufly to his own witt, but yield to the better reafon : for which purpofe he defired he might have conference and privie concurrence of certain of the learned brethren, namely, of Mr John Craig, Mr John Row, Mr An drew Melvil, Mr Robert Pont, Mr George Hay, Mr James Lawfon ; wherunto the Affembly accorded, and appointed the faid brethren to con veen the morne, at 8 hours in Mr James Lawfons houfe, with the faid Mr Thomas to that effea, and to report their judgements upon his anfwers, as well concerning the faid article and doarine, as other articles of ac cufation laid to his charge, at ten hours. C.J Anent the fummounding of the Moderatour, and Mr Andro Hay, Com miffioner of Clidditdaile, to compeir befor my Lord Regents Grace and the Princes Counfall, bringand with them the aa and ordinance, made be the Affemblie for excommunication of the Captaine of Crawfurd, with the aa quhervpon the fame proceidit, that the veritie might be knawin : The Kirk ordaines thair brether to appear befor my Lord Regents Grace and Counfell, and give obedience, and to report quhat beis done in that matter. Returneand to the Affemblie fra his Grace and Counfell, they declarit, That, in refpea they producit not the aas and ordinance forfaid, quhilk they excufed be ffiortnefs of the charge, and occupatioun of the Clark, his Grace and Counfell hes fufpendit the faid fentence of excommunica tioun quhill the produaion of the faidis aais ; quherfor they proteftit for the libertie of the Kirk. 1576. UNIVERSALL KIRK OF SCOTLAND. 375 [Anent the fupplicatioun given in be the toun of Dumferline, for liberty to be granted them to play upon a Sunday afternoon, a certain play which is not made upon the Canonical parts of the Scripture : The Affemblie refufes to give libertie to the Bailzie of Dumfermling to play upon the Sonday afternoone, a certaine play quhilk is not made upon the Canonicall parts of the Scripture, in refpea of the aa of the Affemblie paft in the contrair ; exhorting the Bailie of Dumfermling, prefenter of the bill, to requieft the toun to keep the ordinance of the Affemblie. C. & B.J Seflio 7a> [Anent the doubts and difficulties proponed in the matter concerning Mr Robert Hamilton, Minifter of Sana Andrews, and Provoft of the New Colledge thereof, to witt, Which of the two offices, Proveftrie, or Miniftrie of Sana Andrews, he fhould retain and enjoy ; feeing it is Found and thought he may not brook both. The Affembly and Commiffioners prefent, after long and prolixe reafoning had in the matter, confidering the faid Mr Roberts firft entrie in the funaion and office of the Miniftrie of Sana Andrews, quherto, without advice of the Affemblie, he had unite the faid proveftrie : and feeing, be the aa of the laft Affembly, the faid two offices are not found compatible in his perfon, Decerns and ordaines the faid Mr Robert Hamilton to remaine ftill with the Miniftrie and Paftorfhip of Sana Andrews, and to watch and attend zealoufly and diligently upon the cure and charge there of, as becometh a faithful and vigilant paftor to doe to his flock, and in the name and fear of God, to leave and caft off the faid office and charge of Proveftrie of the New Colledge, as an impediment, ftay, and hinderance to his office and calling of the Miniftrie, under the pain of the cenfures of the Kirk. C. & B.] Mr William Skene, Commiffioner of Sana Androes, in name of the New Colledge and efeaours of the faid Mr Robert to the faid Proveftrie, diffentit fra this fentence ; quherunto the faid Mr Robert adherit, in refpea, as he alledgit, the Kirk could not difcharge him of the Proveftrie, and that he could not beare the burden of the haill Kirk of Sana Androes in his awin perfon. [According to the ordinance of the Affembly, the brethren depute to the reafon and conference with Mr Thomas Hepburne, anent the 376 THE BOOKE OF THE 1576. Article of doarine teachit and profeffit be him, That never Soule went to heaven before the latter day, and to give their judgement upon his anfwer thereto, with the anfwer made to the remanent articles laid to his charge, reported, That they had entered in reafoning and conference with the faid Mr Thomas, concerning the article of Doarine above writ ten, and laid before him fundrie teftimonies of Scripture, and reafons con futing and eviaing the faid error, which always have not fatiffied the faid Mr Thomas ; yet if the Affemblie prefent will damne the fame article of doarine, as erroneous and heretical in whatfomever profeffing the fame, the faid Mr Thomas will give place to their judgment, and leave his opinion therein ; which report being alfwa allowed be the faid Mr Tho mas to be his mind and declaration : The Kirk, after reiding publiclie of the faid Article, of ane mynd and voyce but exceptioun, altogither damnit and deteftit the faid Article, and adjudgit the famein to be heretical, falfe, and erronious, repugnant and contrarious to the plaine and evident word of God, reveilit in his facred and holy Scriptures, foundit and having the ground only upon curiofity of mens witts, without affurance of Gods law ; and, therfor, inhibites all and quhatfumevir perfons publicklie or privatlie to mantaine and defend the faid errour, vnder the paine of the cenfures of the Kirk ; leavand alwayes the faid Mr Thomas to privie con ference with fie brether of the Miniftrie, as he thinks good, for his refolu- tioun in the faid matter : And alwayes for confideration prefentlie move- and the Kirk, difcharges the faid Mr Thomas fra entering in the Miniftrie, quhill the Kirk be farther advifit. C. & B.J [Ordaines the Minifters of Edinburgh to try diligentlie and examine Forfyth, proponed to the brethren prefentlie to enter in the Minif trie, if he be qualified and apt for the charge thereof, and able to difcharge the dutie and office of a Minifter, without the knowledge of the Latin tongue ; and if they after trial, do find him meet for the famen, notwith ftanding the inlaike of the knowledge of the faid tongue, to give their tefti- monial therupon to the Commiffioner of the countrie, within whofe pro vince he fhall happen to receive the cure, that they may admit him ; other- wife rejea and repell him. C.J Anent the propofition of the brether of the Chapter of Sana Androes, declarand that my Lord Regents Grace hes prefentit Mr Patrick Adam fone to the Bifchoprick of Sana Androes ; and they beand of the Chapter, in refpea of the aa and ordinance of the Generall Affemblie, delayit thair 1576. UNIVERSALL KIRK OF SCOTLAND. 377 proceiding therin, defyreand the Affemblie prefent to proceid to the tryall of him, conforme to the faid aa : The faid Mr Patrick being prefent and requyrit be the Affemblie, If he wald fubmitt himfelfe to the tryall and examinatioun of the Affemblie, and receive the office of a Bifchop accord ing to the injunaions of the Kirk, and conditiouns qualified in the Regifter of the Kirk : He anfuerit, He could not doe the fame. [Queftions refolved by the whole Affembly. Q. Whether if fait pans, mylnes, and other labouring, which drawes away innumerable people from hearing the word of God, fhould be per mitted to goe on the Sabbath day ; and, Whither the Affembly fhould not oppone themfelves hereunto, and make ftrait aas in the contrair. C.J A. Salt pannes, mylnes, and vther labouring, quhilk drawes away innu merable peiple from the heiring of the word of God, fould not be per mitted, and the violaters to be debarrit from the benefites of the Kirk, quhill they make thair repentance, and the continuers therin to be ex communicat. [Q. Whether if a man or a woman divorced for adultery ought to be admitted to the fecond marriage ; and if the Kirk ought not, like as they have inhibit the Minifters to marrie any fuch, fo plainly to give their judg ments in this cafe, and to declare it to be unlawfull, fpecially in refpea of the great inconveniences that follow daily thereof; namely, fome forge caufes of adultery ; fome make caufes indeed ; and fome be collufion corrupt judgements ; and all in hope of a new marriage, which daily they attain unto be fome hyreling fmaikes, who are but fufpended therefor for a while ; fwa that if provifion be not ffiortly made hereunto, no man may brooke his wife, nor no wife her hufband longer than they lyke ; and a barbarous confufion unknown to the very Ethnicks and Turks fhall enter in among us. C.J A. The Kirk will not prefently refolve the queftion, Whither if a man or a woman divorcit for adulterie, aught to be admitted to the fecond mariage ; but inhibites all Minifters and Reidars to marie any fick perfons, vnder the paine of deprivatioun fimpliciter, without any reftitutioun to thair offices in tymes cuming ; and .the perfons fo joynit, to be chargeit to feparate themfelves, conforme to the Act of the Affembly in Auguft 1574. 3b 378 THE BOOKE OF THE 1576. [What forme of repentance fhall be injoyned to a man that committs both adultery and inceft. C.J A. Ane man that committs both adulterie and inceft, fould be doublie punifhed. [Whether if a Minifter or Reidar may tap aile, bear, or wine, and keep an open tavern. C] A. Ane Minifter or Reidar that taps aill or beir or wyne, and keips ane opin taverne, fould be exhortit be the Commiffioners to keip decorum. Whither if burialls fould be in the kirk or not : Anfuerit, Not : and that the contraveiners be fufpendit fra the benefites of the Kirk, quhill they make publick repentance. [What punifhment fliall be injoyned to an adulterer relapfed : C.J A. Relapfe in adulterie is doublie punifchit. Seflio 8* Anent the requifition of the Affemblie made to James Bifchop of Glaf gow, to give his anfuer, If he will accept of the charge of ane particular flock, and vifitation of fick bounds as the Kirk fall think good and appoint to him, conforme to the articles concludit in the Affemblie : The faid Bifhop being prefent exhibite to the Kirk his anfwer heirto in wryte, as followes. Forfameikle as it is not vnknowin to gour Wifdomes, that ge gave commiffion and charge to certaine learnit, godlie, and difcreit brether of the Miniftrie, and vthers, Elders of the Kirk, to commoun, treat, conclude, and agrie with certaine vther Noblemen, Commiffioners from the Kings Ma jeftie, Johne vmquhile Erie of Marrehis Regent; at the quhilk Conference it was agreit be the haill Commiffioners, afweill of the King as of the Kirk, anent the name, flyle, power and jurifdiaioun of the Bifchops, with the forme and manner of thair inftitutioun, Ordainit to ftand and remaine quhill the Kings Majefties geirs of minoritie, or, at the leaft, quhill a Parliament fould vtherwayes decyde ; and, conforme to the ordour therin conteinit, he was receivit in the faid Bifchoprick of Glafgow, and made his fermoun to the Kings Majeftie, in things pertaining to his Hienes ; and fwa if he fould 1576. UNIVERSALL KIRK OF SCOTLAND. 37g change or alter any thing pertaining to the ordour, manner, or priveledges,v or power of the famein, I fould be afrayit to incurre perjurie, and might be callit befor the Kings Majeftie, for changing ane Member of his Eftate : bot to the effea gour Wifdomes may know, he defyres not to be exeimit from travell, and beftowing of fick gifts as God hes communicat to him, he is content, at thair command, to haunt to ane particular kirk, and to teach therat, quhen he dwells in the Sheriffdometof Air, and that be difcretioun and fight of the brethren of that Countrey ; and quhen he is in Glafgow, to exerceife lykwayes at fome part, quher the brethren ther think moft necef- farie, and to abyde thair judgment of his diligence in that behalfe, without binding him ony wayes, or prejudging the power and jurifdiaioun quhilk he receivit with the faid Bifchoprick, vnto the tyme prefcryvit in the faid Con* ference, that farder ordour be tane be the haill Eftates theranent ; at quhilk tyme he falbe content with all good reformation as falbe fund expedient. Quhilk anfuer beand red, the Kirk continuit, and con- tinews the faid Bifchop in the vifitation of the bounds quhilk he had befor, to the nixt Affemblie ; and as to the particular flock, [the Affemblie is content he take the care of a particular flock, J as is mentionat in his anfuer, to the nixt Generall Affemblie. Anent the forme of repentance of fornicators : The Kirk and Commiffioners prefent hes vottit and concludit, That ane of the dayes of thair appeirance to make repentance for thair offence, be on ane Sonday at ten houres befor noone, in tyme of preaching, in prefence of the con gregation ; and that double fornicators receive double punifhment for thair offence. [In refpea of the abfence of John Vre, one -of the Commiffioners ap pointed to the vifitation of Fife, the Generall Affemblie ordaines David Fergufon, one of the faid Commiffioners, to fupply his room in entering of the Minifters and Readars Within his bounds, in the book of affignations, hac vice tantum. The fame day, Mr James Lowfon, Minifter of Edinburgh, reported to the Affemblie and Commiffioners prefent, an acquittance and difcharge of the money colfeaed for the help and fupply of the exiled brethren of the French Kirk in England, with a roll of the names of the perfons contri buting thereto, and the quantity of every mans contribution, defiring the one and the other to be inregiftrat and booked in the Regifter of the 380 THE BOOKE OF THE 1576. Kirk, ad perpetuam rei memoriam ; which defire the Affemblie thought good, and ordained, and ordaines the famen to be regiftred among the Aas of ane Affemblie, to be a teftimonial to the pofterity and age to come, of the good mind and zeal of the charitable perfons, that fuccoured the neceffity of their faid brethren in the day of their extremity : The tenor of the faid exoneration and rolls fhall appear hereafter. Further, the faid Mr James exponed and fhewed, that, fince the delivery of the faid money, be the diligence and procurement of the Vifiters and Superintendents, fome more money is brought in and received be him ; willing the Affem blie to declare what fhall be done therewith, and how the fame is thought to be imployed : The Affemblie thinks it meet, That the famen ffiall be keeped be the faid Mr James, and remain in his hands, till order be tane herewith. C.J [Apud Haliruidhous penultimo Oaobris Anno covclxxvj. Sederunt. Jacobus Dominus Regens. Archibaldus Comes Angufie. Comes de Buchane. Joannes Dominus Maxwell. Joannes Dominus Hereis. Jacobus Epifcopus Glafguenfis. Adam Epifcopus Orchadenfis. Robertus Commendatarius de Dunfermling. Commendatarius de Culros. Marcus Commendatarius de Newbottill. Anent the complaint maid to my Lord Regentis Grace and Lordis of Secreit Counfale be Johnne Carmichaell of Medoflatt, makand mentioun, That quhair vpoun proclamatioun of bandis for mariage to be completit 1576. UNIVERSALL KIRK OF SCOTLAND. 381 betuix him and Elizabeth Scott his fpous ; they beand fre perfonis, thair mariage wes folempnizat in the moneth of Apryle laft bipaft, conforme to the ordour of the Kirk ; git be quhat occafioun he knawis not, Maifter Williame Livingftoun thair Minifter, allegeand him to haue command of the Bifchop and Commiffionar within the Diocie of Glafgow, to admoneis the faid Johnne Carmichaell to abftene fra his faid fpous, vnder the pane of excommunicatioun, quha myndis to proceid therto : ffor remeid quhairof he prefentit himfelf to the prefent Generall Affemble, defyrand the faid command to be difchargeit, in refpea of his faid mariage ftandand vn- reduceit, or difchargeit null be the Juge Ordinar ; nottheles Maifter Johnne Craig, Moderator, opponit in the contrair, allegeand the Kirk to haue maid ane generall aa and ordinance anent all perfonis allegeit adulteraris, quhairby thay haif ordanit the faid Johnne Carmichaell to ab ftene fra his faid fpous, ay and quhill it be decemit and tryit quhidder thair mariage be lauchfull or not, vnder the pane of excommunicatioun : Quhilk ordinance is and mon be repugnant to the law of God, infafar as they are mareit conforme to the ordour of the Kirk, with all folempniteis requirit therto ; fwa of the law it is prefumit to be lauchfull, and neids na forder declaratour ; and gevand it wer not lauchfull, git the faid admini- tioun is evill vfit aganis the faid Johnne befoir cognitioun be tane theranent, quhilk is not git done : And attour, gevand they haue ony lie aa, that aa is bot prevat, na publicatioun being maid thairof, nor git authorizit be Parliament, as it aucht to be befoir it tak effea ; and thairfoir is null with the faid executioun following thairupoun ; notthelefs thay will not faill to proceid to the faid excommunicatioun aganis all reffoun, without remeid be prouidit. And anent the charge gevin to James Bifchope of Glafgow, Maifter Johnne Craig, and Maifter Andro Hay, to haue comperit befoir my Lord Regentis Grace and Lordis of Secreit Counfale this day, bringand with thame the faid command of excommunicatioun togidder with the aa quhairupoun the famyn procedit, to the effea that thay mycht vnderftand the trewth of the faid matter, and thairefoir tak ordour thairin as ap- pertenit, lyke as at mair lenth is contenit in the faid complaint : The faid Johne Carmichaell comperandperfonaliewith Maifter Henry Balfour his pre- locutour ; and the faids James Bifchop of Glafgow, Maifter Johnne Craig, and Maifter Andro Hay, being alfua perfonalie prefent ; the faid Maifter Andro wes requirit to produce the faid aa quhairupoun the faid command of 382 THE BOOKE OF THE 1576. excommunicatioun, gevin be him, procedit : And he refufand, allegeand the fame not git to be extraait furth of the bukis of the Generall Affemble of the Kirk, my Lord Regentis Grace thairfoir, with auife of the faids Lordis, fufpendis the executioun of the faid aa and command following thairupoun, in tyme cuming, vpoun the faid Johnne, ay and quhill the famyn be produceit befoir his Grace and Lordis foirfaid, and that the faid Johnne be warnit to the produaioun thairof, as efferis. — Reg. Sec. Cone] 1577- UNIVERSALL KIRK OF SCOTLAND. 383 A. D. M.D.LXXVII. The Generall Affemblie conveinit at Edinburgh, in the Counfell houfe, the firft of Aprile 1577 : Wherein were prefent the Bif chops of Glafgow and Dumblane, Superintendents, Commiffion ers of Countreyes, Kirks and Vniverfities, Minifters and vthers. Mr Alexander Arbuthnet, Principall of the Colledge of Aberdein, Moderatour. Becaufe the faid Mr Alexander, Moderatour, was abfent from the laft Affemblie, and, in that refpea, not forfein of the things done therin, at his defyre the Kirk appointit [their loved brethren] the Laird of Dun, Mrs James Lowfon [Minifter of Edinburgh,] Robert Pont, [Proveft of the Trinitie Colledge,] David Lindefay, [Minifter of Leith,] Andro Hay, [Commiffioner of Cliddifdaill,] John Craig, [Minifter of Aberdeen,] Andro Melvill, [Principall of Glafgow,] to concurre with him the morne at feven houres in the morning, [in the Nether Tolbuith, to conferr] and advyfe with him vpon fick things as falbe thoght good to be handlit in this Af femblie. Seflio la- [Forfameikle as the chief and principal argument to be treatit and reafoned in this Affemblie, is the Policie of the Kirk, referved in their laft Affembly to be handled and difputat at this, the brether deput to the con ceiving and forming of the heids therof, being callit to give count of thair diligence and induftrie in this behalf, prefented the heads of the Policie, as 384 THE BOOKE OF THE 1577- they had made partition therof at thair Affemblie in Striveling, with the judgment of the labours of the whole brethren tane therein. C. & B.] Thereafter was prefented the heids pennit be Mrs Johne Row and James Lowfone, which were red, and nothing agains faid, except ane of the faid Mr Johnes articles referrit to farther difputation ; all men beand requyrit, that had good reafon or argument to propone in the contrair, to alledge the fame ; or if they wald not publicklie reafon vpon the faid heid, to re fort to the faids Commiffioners, quher travell fould be taken to fatiffie them, leavand to them alfo libertie, befor the heids be recolfeait and or- dourit in ane bodie, to make argument as they think good againft the fame. The heid given to the Laird of Dun, conforme to the order of diftribu tion forefaid, being thocht be him obfcure and myftick, the Kirk defyrit him to conferre with the remanent Commiffioners the morne at fevin houres, that he may be refolvit of the meaning therof. The remnant heids beand prolixe, [and amplie written be the Commif fioners,] were thocht good to be contraait in ffiort propofitiouns [and conclufions, J to be prefentit to public reiding [thereafter. J Seflio 2a- The heid committit to Mr Andro Hay red in face of the Affemblie : nothing was opponit againft the fame, except the article anent the Sufpen- fion of Minifters, referrit to farther reafoning. [The part of the Policie given to David Fergufon red: Sicklyke the 18 article was referrit ; and nothing fpoken be any man againft the reft. C. & B.J The pairts committit to Mr Andro Hay, Robert Pont, David Lindefay : nothing alledgit in the contrair. The heids committit to Mr Johne Craig red : fome things were defyrit to be contraait, andvthers referrit to farther reafoning. Seflio 3*-: The haill labours of the brethren tane vpon the matter and argument of the Policie beand haililie red in publick audience of the Kirk, it was 1577- UNIVERSALL KIRK OF SCOTLAND. 385 thoght expedient [and good,] That thair haill travells and wark in this matter, being now difperfed, fould be revifit and pervfit be fome brethren, and digeftit and difpofit in good and convenient ordour, and therafter to be prefentit to the Affemblie : And for that effea the Kirk appoints thair brethren, Mrs James Lowfone, Andro Melvill, Johne Craig, George Hay, to conveine together, to appoint the houres and place therto, and remaine therat quhill the matter be brocht to end ; and, in the meane tyme, if it pleafe any man to reafon with them in the matter, to have acceffe therto. [In the trial of the Vifitors, John Clapperton, Commiffioner of the Merce, was accufed, That he refufed to defigne the gleeb to the Reader of Langtoun : He anfwered, That he could not have the concurrence of the parifhioners conforme to the aa of Parliament. The Affembly or daines the Reader to feek remeed at the Lords of Counfell, and the Com miffioner to defigne the faid gleeb conforme to the aas of Parliament. The Affembly ordained the Commiffioners to be placed in the parts of Fife, where Mr John Colvill remains, to burthen him with the cure of a kirk there conforme to the aa made before, and to proceed againft him if he difobeyed ; and ficklyke the fame Commiffioners, and the Commiffion ers to be appointed for Cliddifdaill, to charge him to provide his kirk in Cliddifdaill. C] Seflio 4a- Anent the accufatioun laid agains Mr Patrick Adamfone, callit Bifchop of Sana Androes, That he had entrit in the faid Bifchoprick agains the aas of the Generall Affemblie, and ufurpit the office of Vifitatioun within the bounds of Fyfe, vnauthorized be the commiffion or power of the Kirk, and left his ordinar office of Miniftrie : The Generall Kirk, in refpea of his abfence to anfuer heirto, Gives thair full power and commiffion to [their brethren] Mrs Robert Pont, James Lowfone, David Fergufone, and the Superintendent of Lowthiane conjunaiie ; and in cafe of the faid Superintendents inabilitie, to Mr David Lindefay, or John Brand, to di rea out fummounds agains the faid Mr Patrick, fummounding him befor them at fick day or dayes as they fall think good, within the towne of Edinburgh, to try and examine his entrie and proceiding to the faid Bifchoprick, vfurpatioun of the faid office of Vifitatioun, and diferting his 3 c 386 THE BOOKE OF THE 1577- ordinar office of Miniftrie quhilk he had of befor ; with power to them to fummound the Chapter of Sana Androes, or fo many of the Chapter as fall feime to them expedient, if neid requyre, and the Ordinars and Inaugurers of the faid Mr Patrick, as they fall thinke good, for the better tryall of the premiffes : And what heirin they find be proces of examination, to report againe to the next Generall Affemblie ; and, in the meane tyme, in name of the Kirk to difcharge him of farther vifitation of the faids bounds quhill he be admittit be the Kirk. Seflio 5a- [The which day, James Blackwood, Perfon of Sanquhar, being accufed, That he bruikit twa benefices, viz. the Perfonage of Sancquhair and Vic arage of Saline, yet ferves not at ane of the kirks : The Affembly, after fome reafoning, Found he fould demitt ane of the faid benefices, and ap pointed him the morne to advife, and refolve which of them he would refigne. C. & B. J [Concerning the Bifhop of Glafgow his diligence, and feeding of a par ticular flocke as was promifed in the laft Affemblie before : It was found be report, and witneffing of the countrey, and Commiffioners thereof, that he had keeped his promife theranent ; for which the Affembly praifed God, and required farther that he fhould accept of a particular flock in tyme coming, conforme to the order and aas of the Affembly, who will ingly agreed thereto. Seflio 6a- Anent the refolution to be given be James Blackwood, Perfon of San quhar, to the determination of the Affembly given yefterday : The faid James prefent refolved, and declared, That, for fear of his life, he dar not refort to Sanchar to difcharge his cure there, and always he ffiall ferve at Sawling while he get fecurity of Sanchar : In this mean time, matters ftanding uncertain, humbly prayed the Affembly, that he were not com pelled to refign any of them. That anfwer being confidered be the faid Affemblie, they ordained him to travell at the kirk of Sauling till the 1577- UNIVERSALL KIRK OF SCOTLAND. 387 next Generall Affembly, if he may not fecurely exercife his office at San quhar ; and, in the mean time, that John Fouller fupport the kirk of San char upon his cofts ; always providing that the faid James infift diligently be the laws of the realme, to get poffeffion of his benefice at Sanchar, and fhew his diligence thereupon, betwixt this and the next Generall Affemblie : And ordaines the Commiffioners of the country to admoniffi the Tutor of Sanquhar to make no impediment or trouble to the faid James, in ufing his office, and ferving the cure at Sanchar, under the paine of the cenfures of the Kirk to be ufed againft him, if he difobey. C.J It was thoght expedient be the Kirk, that certaine of the brether be direa to the Regents Grace to informe him, that the Kirk is travelling in the matter and argument of the Policie ; and quhat beis farther proceidit therin, his Grace fall receive advertifement befor the end of the Affemblie. In this meane tyme, fundrie inconvenients mayfall out befor this be perfytit, quhilks it wald pleis his Grace to confidder and remeid : And for this effea were difpatchit from this Affemblie Mrs David Lindefay and Johne Duncanfone, quho returneit and reportit, His Grace lykit weill of thair tra vells and labours that they tooke in that matter, requyring expeditioun and haftie outred therof: As for the particulars they informe wald be occurritt, let them be givin, they fall have good anfuer. Seflio 8a- The particulars of fick things as are defyrit to be ordinat be my Lord Regents Grace, befor the worke of the Policie came out, beand conceivit in a few articles, quhilk after fall appeir, were delyverit be the Kirk to thair brether Mrs David Lindfay, Andro Polwart, Johne Duncanfone, to be proponit to his Grace, and to that effea to awaite afternoon for his Graces anfuer ; quho. returning reportit that his Graces anfuer was, That, if the articles might be refolvit be himfelfe without the Counfell, they fould receive his anfuer the morne in the morning ; vtherwayes the Counfall fould be conveinit the morne at afternoon, and therafter anfuer fould be given to fick as the Kirk direait to receive the fame ; for the quhilk effea the Kirk direaed Mrs John Craig and David Lindefay. 388 THE BOOKE OF THE 1577. The tenour of the Articles above fpecified. Firft, That provifioun may be had for vifitors of the Countreys. 2. That ordour may be tane, that perfons depryvit be the Kirk for not doing thair offices, may be depryvit of thair benefices. 3. That his Grace will putt ordour to fick as receives benefices, and therafter coupes them. 4. That quhen benefices vaikes, they may be difponed rather to fick as hes fervit at the kirks therof, than to vthers not fo weill qualified. 5. That the aas of Parliament made againft adulterers may be put to executioun, namelie, agains Willian Cochron, notorious adulterer. 6. That his Grace wald difcharge playes of Robin Hood, King of May, and lick vthers, on the Sabboth day. 7. Becaufe ther is diverfe Reidars not entrit in the Booke of Affigna tioun, partlie be reafon of inlaik of Commiffioners, and partlie be thair negligence, That ordour may be provydit therfor. The proces perfewit be the Laird of Tulliealane agains Johne Dykes, Minifter of Culros, was fichtit be fome brether, and the head of the bill was not found provin. The debait was finallie endit be the travells and per- fwafion of the brether appointit therto. Seflio 9a- Anent the complaint made be David Fergufone vpon Mr James M'Gill, Clark of Regifter, and the gong Laird of Roffyth, That, agains the aais of the Kirk, they caufit burie the vmquhill Laird of Roffyth in the Kirk of Dumferling, albeit the faid David made them foirfein of the faid aa : The Kirk ordainit Johne Durie to warn the Clerk Regifter to anfuer heirto, the firft of May nixt to come. Seflio 10a- [The AffemblyJ ordaines the brether [appointed] to waite on my Lord Regents Graces anfuer, to make fute for Mr John Davidfones libertie to come in the countrey, for his favour, quhen he lykes to returne. 1577. UNIVERSALL KIRK OF SCOTLAND. 389 Anent the ordinance made in the laft Affembly, and execution thereof, concerning the inbringing of the names of the perfons defuna be the Com miffioners of the Countries, conforme to divers other aas paft of before : The Superintendent of Lothian anfwered, He hath prefently certain names ready to be delivered to the Procurator Fifcal ; Mr John Craig for his part declared, He had delivered the names of the defuna within his bounds to the Commiffioner of Aberdeen ; William Chriftefon, That he had delivered the names to the faid purfevant, direa to the Commiffioners. The Affembly and Commiffioners prefent have ordained the whole Commiffioners of Countries to fend in the names of the perfons defuna within their bounds to the Procurator Fifcal at Edinburgh, if they be ready betwixt and the next Affemblie ; otherwife fimpliciter to produce them then to be delivered to him, and to keep the aa and ordinance made theranent before. C.J The brethren appointit to colfea the heids of the Policie prefentit of before, reportit the fame colfeait in ordour, and digeftit in one bodie ; and all men requyrit that had good reafon or argument to propone, to offer them thereto. Thrie heids were callit in doubt be certaine ; ane de Diaconatu, an other de Jure Patronatus, the thrid de Divortiis, quherin they were not refolvit nor fatiffied : As to the reft, nothing was thoght to the contrair, nor opponit. Thir thrie heids ftandand in contraverfie being publickly difputed and reafoned in utramque partem, get farther diiputation was refervit till the morne, to any man that lykit to take the part of reafoning upon him agains the faids heids. The Commiffioners appointit to awaite vpon my Lord Regents Graces anfuer, reportit, Becaufe they had no commiffion in wryte, his Grace gave no anfuer to them. [Queftions proponed in the Generall Affembly, and their decifions. Q. What fhall be done concerning fuch perfons who will not receive the Communion but in Lentron. A. Such perfons ought not to be fatif fied, nor their fuperftition nuriffied therein. Q. What fhall therefore be done to Minifters and Readers, that, at fuch tymes in Lentron, or upon Saints dayes as they call them, as gule and Pafche and fuch fuperflitious times, read, preach, or minifter the 390 THE BOOKE OF THE 1577- Communion, to retain the people in blindnefs. A. The Vifitor, with advice of the Synodall Affembly, ought to admoniffi fuch Minifters or Readers to defift and abftain therefrom, under the paine of deprivation ; and if they difobey, to deprive them. Anent the complaint made upon the Clerk of Regifter, That he caufed burie the late Laird of Roffyth in the Kirk of Dumfermline againft the aas of the Kirk : C.J The Clerk Regifter beand prefent, declared, That the Proveft and Bailgies of Dumfermline aggreit to burie the Laird of Roffyth in the Kirk, and that he was not the caufe therof ; fubmittand himfelfe alwayes to the judgement of the Kirk, if any offence be found done by him. [The Affembly requiefted the Commiffioners of Countries to continue in their commiffion and office of Vifitation till the next Generall Affembly, and to ufe fuch diligence and travels as they may goodly doe for the com fort of the Kirk. Mr Andrew Hay, Commiffioner of Clidefdale, protefted, That he be not burdened with the Over Ward of Cliddifdaill from Hamil toun up ; always promifed to keep Synodall Affemblies. C.J The Generall Affemblie of the Kirk of this realme, confidderand the great aboundance of iniquitie overflowing vniverfallie the haill face of the commoun weill, now in fo great light and revelatioun of the true and Chrif tian religioun, juftlie provocking and ftirring up the juftice and equitie of God to take judgement and vengeance on this unworthie and vnthankfull nation ; feeand alfo the many perrillous ftormes and rage of perfecutioun daylie invadeing the Kirk and Spous of Jefus Chryft ; the found and ex treame troubles of the zealous members therof in the partes of France and els quher, profeffing with them ane Saviour, Lord, and Meffias ; the work of eftablifching a perfyte ordour and policie in the Kirk being prefentlie in hand, Hes thoght it good [meet and expedient] for the fame reafons and good caufes, That earneft and fpeidie recourfe falbe had to God with com moun fupplicatiouns and prayers : And to that effea, a generall Faft be obfervit vniverfallie through all the kirks of this realme, with doarine and inftruaion to the peiple ; to begin the fecond Sonday of Julij nixt to come, quhilk is the nynt day therof, and to continue to the nixt Sonday ther after, vfing, in the meanetyme, exercife of doarine according to the accuf- tomit ordour ; and to that effea, that intimatioun be made heirof be Com- 1577- UNIVERSALL KIRK OF SCOTLAND. 391 miffioners of Countreyes to the Minifters within their, bounds, as apper- taines. Givin in the Generall Affemblie. [Concerning the propofition of Mr James Lowfon, Minifter of Edin burgh, defireing the mind and declaration of the Affemblie, How they think to be done with the money which was colfeaed to the fupport of the French Kirks, being yet in his hands undifpofed : The Affembly prefent willeth the faid money, or fameekle farther which ffiall be inbrought of that which was promifed for their fupport, to be employed to the ufe and neceffity of the Kirk. C.J Becaufe the matter of the Policie of the Kirk, colfeait be the brethren, is not get in fick perfyt forme as is requifite ; and fundrie things largelie intreatit, quhilk wilbe more fummarlie handlit ; vthers requyring farther dilatioun : For recolfeaing therof, and puting the fame in good ordour and forme, and for avoyding of fuperfluitie and obfcuritie, the fubftantialls beand keipit ; the Kirk prefentlie hes willit thair belovit brethren, Mrs Robert Pont and James Lowfone, to take travells and labours in the pre miffes : and to the effea that the worke may be the better compleit and in readines againft the nixt Generall Affemblie, quhilk is ordainit to begin at Edenburgh the 25 day of Oaober nixt to come, the Kirk hes ordainit thair brethren, the Laird of Dun, Mrs Alexander Arbuthnet, Andro Melvill, Johne Craig, Andro Hay, George Hay, Johne Row, David Lindefay, Johne Duncanfone, to conveine and affemble together, the 19 of Oaober nixt, in Edenburgh, ta revife and confidder the travells of their faid brether, that the fame may be the more advyfedfie proponit .publicklie, as faid is. In this meanetyme, tick as pfeafes to reafon in the matter, to have acceffe to the faid brether : and lykewayes ordainit the Vifitors of Countreyes to make intimatioun to the Barronis, that the faid warke is in hand, and to be treattit in the nixt Generall Conventioun ; defyreand thair prefence and concurrence therto. 392 THE BOOKE OF THE 1577- A.D. M.D.LXXVII. The General Affembly of the Kirk conveinit at Edenburgh, in the Laigh Tolbuith therof, the 25 day of Oaober 1577 "• Where ther was prefent the Commiffioners of Countreyes, Provinces, Townes, and Vniverfities, with the Minifters. Mr David Lindfay [Minifter of Leith J Moderatour. Seflio la- Becaufe of great confufioun heirtofoir in Affemblies quhilk fell out be catling in of purpofes vnforfein afoir, and be the multitude of the proponers therof, it was thocht meit, dureing this Affemblie, that certain brether fould conferre with the Moderatour vpon matters to be intreatit on at this conventioun, viz. Mrs John Row, Alexander Arbuthnet, Andro Melvill, William Chriftefone, James Lowfone, Robert Pont, Andro Hay, Johne Duncanfone, [and the brethren to conveen with the Moderator at eight hours in the morning, and at half hour to two in the afternoon during the Affembly] : and ficklyke it is thoght good, that the aas made in the Affemblie be conlidderit be the faid brether joynit to the Moderatour, and therafter red in opin Affembly. The Kirk thoght meit, that my Lord Regents Grace fould be defyrit to be in this Affemblie in proper perfon, or be Commiffioners ; and to that effea were direait Mrs Johne Row and James Lowfone, quho imme diately returnit with anfuer, That his Grace had no leifure to talke with them, for occupatioun. 1577- UNIVERSALL KIRK OF SCOTLAND. 393 The haill Affemblie ordainit Mrs Johne Craig and Johne Brand to gang to his Grace for the fame effea, and to report his anfuer the morne at nyne houres. [In the trial of the Commiffioners, Mr Peter Watf'on was delated for marrying Garleis in a privat houfe : He granted, but alledged he fol lowed the example of Mr Willock, who had done the lyke there : The Affembly in refpea of the aas made, prohibiting privat celebration of marriage, ordained the faid Mr Peter to pafs to the parifh kirk of Dif- deir, where the faid parties fhould have been married, and upon a Sun day in prefence of the Congregation and Mr James Beton, Minifter, con fefs his offence in tranfgreffing of the faid aa, which he fhall alfo read in prefence of the people, and to report a teftimonial to the next Affemblie from the faid Mr James of the performance of this ordinance. C.J [The brethren direa to my Lord Regents Grace reported his Graces anfwer was, That he was fo occupied in earneft affaires of the Counfell, that he had no leifiire to conferre with them. C. & B.J The Kirk hes thoght it meit that their brethren, John Brand and Mr John Craig paffe againe to his Grace, and require his perfonal prefence in this Affembly, or Commiffioners [to be direaed from his Grace] authorized with his Commiffion, [and to report his anfwer again the morn at nyne hours.] Becaufe the matter of the Policie and jurifdiaioun of the Kirk committit to the recolfeaing, formeing and difpofitioun of certaine brether, beand now prefentit be them, was thoght expedient to be proponit and entreatit the morne : after the reiding of the generall heids therof, the haill brether was requyrit to advife with themfelves if they fand any vther heids necef far to be difputit then thefe, and to fignifie the fame to the Affemblie the morne. Seflio 3*- Johne Brand returneit my Lord Regents Graces anfuer, That in re fpea of fundrie importunat buffines he could not have the Counfell fo foone conveinit, he could not fatiffie the petition of the Kirk, defyrand that the brether that were fend to him befor, fould come downe and fpeak with his Grace ; and becaufe the Kirk is labourand in the Policie, pray- 3d 394 THE BOOKE OF THE 1577- and them to gang fordwart earneftlie and put the fame to end. The Kirk ordainit Mrs James Lowfone and Johne Row to paffe to his Grace the morne according to his defyre. Mr Patrick Adamfone, in my Lord Regents Graces name, exhibite to the Affemblie a letter direa from the Queins Majeftie of Ingland to his Grace, making informatioun of a certaine Counfell to have bein haldin at Magdeburg for eftablifhing of the Auguftane Confeffioun, with ane letter wrytin from the Caffimire to her Majeftie of that fame argument, defyre- and the Affemblie to advyfe if they thoght meitt that any of the learned Mi nifters of this natioun fall repare thither, and quhom they will name and find good to this effea : To the quhilk defyre the Kirk continewit to give anfuer to the 28 day of this inftant. The refidue of this day beand confumed in examinatioun of the travells takin vpon the Policie, as it is notit thervpon, to the nixt Seffion, the Kirk ordainis it to be proceidit farther therin. Seflio 5a' [Concerning the motion made be Mr Patrick Adamfon, in my Lord Regents Graces name, touching the refolution of the Affembly if they thought needfull, That fome of the brethren be direaed to the Counfell which is to be held at Magdeburg, and whom they thought meet to be nominat thereto : C] The Affemblie prefent in one mynd refolvit and adjudgeit it very neceffar, that fome of the Kirk fould be direa to the Counfell tobe haldin at Magdeburg, and hes nominat any twa of the brethren following as falbe thoght moft meit be my Lord Regents Grace, viz. Mrs Andro Melvill, Patrick Adamfone, David Cunighame, George Hay, David Lindefay, William Chriftefone, Alexander Arbuthnet and Robert Pont ; whofe names the Kirk ordaines to be prefentit to his Grace be Mr Craig, and to report his anfuer againe. Compeirit Johne Anderfon in linnen cloathes, in prefence of the haill Affemblie ; and being proitrat on his knies, confeffit he had offendit Mr Robert Boyd, Minifter, in drawing of his blood, quherof he repentit with his heart, and afked God and his Kirk forgivenes, promifing, be the grace of God, not to fall in the lyke wickednes in tyme eomeing. 1577. UNIVERSALL KIRK OF SCOTLAND. 395 Seflio 6a-; This Seffioun being haillilie imployit in reafoning vpon the heids of the [Policie andj Jurifdiaioun of the Kirk, the fame argument was ordained to be [profecut and] followed out the morne, fo farre as tyme may ferve thervnto. Seflio 7a- Concerning the number of the brethren givin in to his Grace, [who are to be direaed to the Council which is to be halden at Magdeburg, Mr Patrick Adamfon reported my Lord Regents anfuer, ThatJ it lyked him weill that the Kirk had givin him choife out of fo reafonable a number, and that, in his opinion, Mrs Andro Melvill, George Hay and Alexander Arbuthnet were meiteft for the purpofe ; alwayes defyred the advyce and judgement of the Affemblie heirin, that after he may take refolutioun with his Counfell : The Kirk willit the faid Mr Patrick Adamfone with Mr Johne Craig and William Chriftefone, to travell with his Grace to know farther his Graces mynd in this behalfe ; and ficklyke to defyre his Grace to appoint the modifiers to conveine to the ordouring of the rolls of the Minifters, and to report his Graces anfuer againe to the Affemblie. [For anfwering of the complaints and queftions to be given in to this Affembly : The Affembly hath appointed their bretheren, John Duncan fon, William Chriftifon, John Braid, Mr James Carmichael, to conveen at extraordinar hours to that effea ; and als to vifit the procefs of Kelfo, and to report their judgement to the Affembly. C.J Seflio 8a- The perfons direait to his Grace [to know farther of my Lord Regents Grace his mind concerning the perfons direaed to the Council which is to be holden at Magdeburg ; and the ordering of the rolls, J reportit, That he lykit weill Mrs Andro Melvill and George Hay to be direait to the faid Counfell ; alwayes he wald know the advyce of the Coun fell therin, quherof he wald make them to be informed : And, con- 396 THE BOOKE OF THE 1577. cerning the rolls of Minifters, had appointit the Abbot of Dumfermling, George Auchinleck, Mr Nicoll Elphinfloun, and James Nicollfone to take ordour therwith. Seflio 9a- Thomas Myrtone, feear of Cambo, and Mr Thomas Ramfay, gave in ane bill of accufation againft Mr Thomas Kynneir, Minifter of Craill, conteinand fundrie heids of flander layand againft him, as, namely, fufpi- tions of adulterie with Agnes Guidland, fpous to Sir Johne Browne, drunkennes, tuilgefomenes, felling of the facraments : The faid Mr Thomas beand prefent denyit the haill poynts therof; and the faids bill beand referrit to the accufers productioun for proving therof, they pro duceit David Fermour, David Monypennie, Mr James Haliburtoun, Proveft of Dundie, Johne Herreis and Mr Thomas Fermour, quho being admittit, and nothing opponit againft them be the faid Mr Thomas, were ordainit to be examined be William Chriftefone and Johne Durie, and thair depo- fitions to be prefentit againe to the Affemblie, to be confidderit quhat they may import. Seflio 10a. The depofitioun of the witnes being examinat in the faid caufe being reportit at aftemoone, the Affemblie continewit the pronouncing of thair fentence in the matter to the morne, and warnit both the parties therto. Mr Androw Polwart was decernit to be frie and at libertie fra the kirk at Paiflay, that he may ferve vther quher it pleafes God to call him ; be caufe of the contempt of the difcipline, thair manifeft vyces, minacing and boafting of him in doing his duetie, his labours cannot be profitable to them ; befydes fome privat caufes quhilk were confidderit be Mrs Andro Hay, Alexander Arbuthnot, George Hay, and Andro Melvill, and they reportit thair judgement, quhervpon the deereit paft. 1577- UNIVERSALL KIRK OF SCOTLAND. 397 Seflio lla- Anent the greivous accufation laid agains Mr Thomas Kynneir be the Laird of Cambo and Mr Thomas Ramfay, concerning his flanderous and vngodlie lyfe : The haill Affemblie, after publick reiding of the witneffes and probatioun deduceit in the matter, and dew confideratioun therof, and after takeing oath of the accufers that they accufe neither for malice nor choler, but for confcience caufe, knawand the accufatiouns they charge him with to be trew, Decernes, all in ane voyce, the faid Mr Thomas to be depryvit, lykeas they depryve him of the Miniftrie in all tyme eomeing ; debarreing him from the participation of the holie Supper of the Lord, ay and quhill his repentance be teftified to the General! Affemblie be the Vifitor of the Countrey quher he remaines, and humble fupplicatioun be made be the faid Mr Thomas to the haill Affemblie, to be admittit therto, and receive thair anfuer to that effea : And that this fentence be intimat in the Kirk of Craill in the pulpit therof be the Commiffioner of the Countrey. Seflio 12a- [Anent the determination of the Affembly concerning James Blackwood, Reader at Sauling, for marrying of the Commendator of Dumfermline and his wife, being refident without his parifh, without teftimonials of the Minifter of the parifh where they make refidence : The Affembly decerns the aa made againft fuch perfons, the 27 day of December 1565, to be execut againft him, to incurre the pains thereof, viz. deprivation of his office, tinfell of his ftipend, and other pains, as the Generall Aflembly ffiall thereafter think meet to be injoyned. C.J Seflio 13a- Forfameikle as the heids of the Policie and Jurifdiaioun of the Kirk beand haillilie red in the audience of the haill Affemblie, and thoght good [and expedient,] that the famein fould be prefentit to my Lord Regents 398 THE BOOKE OF THE 1577- Grace, as was aggreeit be reafoning amongft the brethren, faifand the head, de Diaconatu, quhilk is ordained to be givin in with a note, That the fame is aggreeit be the moft part of the Affemblie, without prejudice of farther reafoning : To the effea the faids heids may be put in mundo, difpofit and fett in good ordour, according to the mynd of the Affemblie, the Affemblie hes willit Mrs James Lowfone, Robert Pont, David Linde fay, and the Clark of the Affemblie, to travell with diligence therin : And the fame beand put in mundo be them, according to the originall, to be fein and revifit be Johne Duncanfone, David Fergufone, the Laird of Dunne, if he be prefent, Mr James Carmichaell and Johne Brand ; and beand found be them according to the originall, to be prefentit be the faids Mrs James Lowfone, Robert Pont and David Lindefay, together with ane fupplicatioun pennit and delyverit to them be the Kirk, to my Lord Re gents Grace : and in cace conference and reafoning be focht be his Grace vpon the faids heids prefentit to his Grace, the Affemblie hes ordainit Mrs Patrick Adamfone, the Laird of Dunne, Johne Craig, Johne Row, Alex ander Arbuthnet, Andro Melvill, James Lowfone, Robert Pont, David Lindfay, Andro Hay, George Hay, and Johne Duncanfone, to con curre and awaite vpon the faid Conference as they falbe advertifed be his Grace. 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