Acts and Proceedings: 1565, June

A. D. M.D.LXV.

The Generall Assemblie conveinit at Edinburgh, in the Nether Tolbuith therof, the 25 day of Junij 1565. In the whilk were present the Superintendents, Ministers, and Commissioners of Shyres and Kirks. The invocatioun of the name of God being made by Johne Willock, Superintendent of the West.

First, For eschewing of consusione in reasoning, the whole brethren present with ane consent chuse John Willock, Superintendent of the West, to be moderator, who accepted the office.

[It was ordained, if anie superintendent had anie thing to lay to the charge of anie minister, exhorter or reader within his bounds, that he present the same in writt this day and the morne; and sicklyke, if anie person had anie thing to lay to the charge of anie superintendent.

The Superintendent of Lowthiane and Mr Knox gave account of their visitations, according to the commission given to them in the Assemblie immediatlie preceeding. The Superintendents of Angus and of the West alleged lawfull impediments which occurred since the last Assemblie; they wer ordained to putt in execution their commissions against October.

Mr Johne Frude, minister of Dummenie, and Patrik Craigh, minister of Ratho, being complained upon for not repairing to Linlithgow, to the exercise of prophecying, excused themselves with want of charges, be reason their stipends were not duellie payed unto them. Mr Patrik Cockburn being complained upon for obstinat refusing to come to the Synodall and Generall Assemblies, it was ordained that he sould be summoned to compeir upon Wedinsday. The Superintendent of Fyfe complained, that the kirk of Kilmanie, pertaining as a common kirk of Sanct Salvators Colledge in Sanct Andrews, wanted a preacher; Mr John Rutherfurde, provest, and William Ramsay, one of the masters of the said colledge, war content to stand to the decision of the Superintendent of Angus, the Superintendent of Fyfe, Christopher 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 lesse the ministrie of the word and ministration of the sacraments: The rector of the universitie, and Mr John Douglasse, master of the said colledge, promised to satisfie the complainers. The Superintendent of Fyfe complained upon William Heriot, reader in Monyvaird, for removing to Strathardaill without licence obtained be him or the parochiners: The Assemblie ordained the Act made Junij 1564 to be putt in execution. The parochiners of Kilconquhar complained upon Mr Alexander Spence, minister, for not ministring the communion these six years bypast: The Superintendent of Fyfe and Christopher Gudman were appointed to have a care that the communion sould be ministred in the said kirk before Candlemas nixt to come. C.]

Sessio 2^da, haldin the 26 of Junij 1565.

The haill kirk present for the tyme humblie requyreit the nobilitie present to be humble suters at her Hienes for the executioun of the law and actis latelie made agains violaters of the Sabboth day, committers of adulterie and fornicatioun, and desyred every superintendent to sute for comissions to judges within their jurisdictiouns, giveand power to them to execute punishment agains the comitters of the saids crymes, according to the tenour of the saids lawes and actis. And in lyke manner to requeist her Hienes to cause thankfull payment be made of the ministers stipends throughout all this realme. As also to complaine to her Grace, that wher of befor the kirk of [Commonnell, C.] in Carrick was assignit for payment of the ministers stipends in Kyle and Carrick, is now givin be her Hienes to the ȝong Laird of Skeldoun; and in lykemaner the parochiners of Dalry shew that the lands of the kirk was assignit to the ministers of the parochin, and now was givin to the Lord Provand, and to understand her Grace will heiranent.

Ordaines for ordouring the articles to be sent to the Queens Majestie, Johne Erskine of Dun Superintendent of Angus and Mernes, Johne Willock Superintendent of the West, Christopher Gudman minister of St Androes, and Mr Johne Row minister of St Johnstoun, to conveine after xi houres, and sett them forth and present them to the Assemblie this day afternoone; whilk ordinance the saids persones obeyit, and presentit the articles to the Assemblie.

Tenor of the Articles.

Imprimis, That the papisticall and blasphemous messe, with all papistrie, and idolatrie, and popes jurisdictiouns, be universallie suppressed and abolished through the haill realme, not only in the subiects, but also in the Queens Majesties awin person, with punishment agains all persouns that salbe deprehendit to offend and transgress the same; and that the sincere word of God and his true religioun now presentlie receivit might be established, approved, and ratified throughout the whole realme, alsweill in the Queens Majesties awin person as in the subiects, without any impediment, and that the peiple be astricted to resort upon the Sondayes at least unto the prayers and preaching of Gods word, lykeas they were astricted befor to resort to the idolatrous messe; and thir heids to be provydit be act of Parliament with consent of the estates, and ratification of the Queens Majestie.

Secondlie, that sure provisioun be made for sustentation of the ministers, as weill for the tyme present as for the tyme to come; and that such persones as are presentlie admitted to the ministrie may have there livings assignit to them in the rowmes wher they travell, or at the least nixt adjacent therto, and that they have no occasioun to crave the same at the hands of any uthers; and that the benesices now vaikand or hes vaikit since the moneth of Marche 1558, or that heirafter sall happin to vaike, be disponed to qualified and learned persones, able to preach Gods word, and discharge the vocation concerning the ministrie, be the tryall and admission of the superintendents; and that no bishoprick, abbacie, pryorie, deanrie, provestrie, or any uther benefices havand many kirks annexit therto, be disponit altogither in any time comeing to any one man, bot at the least the kirks therof be severallie disponit and to severall persons, swa that every man having charge may serve at his awin kirk according to his vocatioun; and to this effect that the gleibs and mansses be givin to the ministers, that they may make residence at ther kirks, wherthrow they may discharge ther conscience conforme to ther vocatioun; and also that the kirks may be repaired accordinglie, and that ane law may be made and established heirin be Act of Parliament as said is.

Thridlie, That none be permittit to have charge of schooles, colledges or universities, or ȝet privatlie or publicklie to instruct the ȝouth, but such as salbe tryed be the superintendents or visitors of the church, found sound and abill in doctrine, and admittit be them to ther charges.

Fourthlie, For sustentation of the poore, that all lands foundit to hospitalitie of old be restored againe to the same use, and that all lands, anuelrents or any uther emoluments, pertaining anywayes sometyme to the freirs of whatsumevir ordour, or anuelrents, altarages, obits pertaining to preists, be applyit to the sustentatioun of the poore, and uphald of the schooles in the townes and uthers places wher they lie.

Fyftlie, That sick horrible crymes as now abounds in the realme, without any correction, to the great contempt of God and his holie word, sick as idolatrie, blaspheming of Gods name, manisest breaking of the Sabboth day, witchcraft, sorcerie and inchantment, adulterie, incest, manifest whooredome, manteinance of bordellis, murther, slaughter, reife and spuilȝie, with many uther detestabill crymes, may be severelie punished; and judges appointit in every province or dyocie for the execution therof, with power to doe the same, and that be Act of Parliament.

Lastly, That some ordour be devysit and established for the ease of the poore labourers of the ground, concerning the unreasonable payment of ther teynds, tane over ther heids without ther advyse and consent.

[Walter Lundie of that Ilk, William Cunninghame of Cunninghameheid, William Durham of Grange, George Hume of Spott, James Baron burgess of Edinburgh, war appointed to present these articles to her Hienesse, and to report ane answere before the dissolving of the Assemblie, if they may convenientlie; if not, to the session of Edinburgh, that they may signifie the samen to the superintendents.

Adam, Bishop of Orknay, Messrs Johne Craig, Christopher Gudman, Johne Row, George Buchanan, and Robert Pont, were ordained to conveene and sit from sex till eight in the morning, to decide questions pro poned or to be proponed, and to report their decision to the Assemblie, that the samen may be insert in the register.

The Commissioners appointed to trie the qualification of Johne Lynd minister at Irving, reported that he was unsufficient for the charge in that place.

Becaus sundrie ministers complaining of none payment of their stipend desired libertie to remove, and passe to suche places destitute of the word, where they might be reasonablie sustained be the godlie; it was statute and ordained, That no minister, exhorter or reader placed presentlie at anie kirk, sall attempt to remove himself till answere be receaved againe from the Queens Majestie to the articles directed to her; and that therafter none remove himself without the advice of the superintendent of his diocie, and his licence in writt, under paine of deprivation from his office. C.]

The same day the Lairds of Carnell, Sornbeg and Dreghorne, requesting humblie for support of a ministrie for the kirks of Rickartoun and Dundonnald in Kyle, promisit of their awin friewill that they sould provyde stipends sufficient according as the Kirk wald appoint, and that they sould not remove from ther kirks for seiking payment of the same; whilk request of thers the haill Kirk praisit, and promisit satisfactioun of their godlie desyre.

Sessio 3^a 27 Junij 1565.

Anent the question proponit, whither children may contract marriage and marie without consent of ther parents; and in special whither the promise made betuixt Robert Patersone and Jenat Little, without the consent of her parents, may stand; it is found that the said Robert and Jenat hes not orderlie procedit in the said promise, in sa farre as they neither obtainit the consent of the parents, nor ȝet the lawfull ordour, repairit to the Kirk of God to lament that cause, and seik the ordinarie meane thairat be the Word of God appointit; and therfore the comissioners appointit by the Kirk for the decisioun of questiouns, decernis they have not lawfullie proceidit in making the said promise of mariage; and they sould of duetie thus have proceidit, first, to requyre the consent of the parents, whilk being resuisit, then to make ther sute unto the kirk, to concurre with them in ther lawfull proceidings according to the ordour observit in Gods word; and for the offence and unlawfull proceiding by past to make satisfactioun to the Kirk, as they salbe appointit thereto. And heirupon ane generall ordour to be sett foorth, as the General Assemblie sall think good, to be observed in all particular kirks in all tyme comeing. This was subscryvit be the Commissioners underwriten: Messrs. John Dowglas rector of the Universitie of St. Androes, Christopher Gudman, George Buchanan, John Craig minister, John Row, Robert Pont.

Ane uther questioun, whither if a learned man having a benefice givin in Papistrie, or lately sen the word hes bein preached in this realme, may leave the parochin wher he is person, destitute of preaching of the word, and enter minister to serve in another place for larger stipend. The foirsaids commissioners concludit, as followes: It is thought aggrieable to the word of God, that no faithfull preacher of Gods Word may enjoy ane benefice or living pertaining to the Kirk, except he remaine at the said Kirk to discharge his office for the whilk he receivit the said benefice: And that if he be transported be the kirk or superintendent to any uther place, whereby he may not discharge his duetie in baith, that he be depryvit of the ane, and it be to be bestowit upon another; provyding allwayes the foirsaid person be sufficiently answerit of his stipend.

Ane other questioun, whither if a man abuseing his cousignes, his fathers brothers daughter, sevin ȝeirs, and begottin children, and presentlie wald marie her, and underly correctioun, may marie or not. The degries are second of consanguinitie.

Thogh this be not sound contrair to the Word of God, ȝet because it hes bein publicklie reveilit in this realme, and that diverse inconvenients are perceivit to enseu of this liberty; thinks it good, that it be offered to the civill magistrate, or els to ane parliament, for ordour to be taken therein; in the mean time, that men take not libertie to themselves according to there fleschly filthie affectiouns; notheles that the persones, in whose name this question was proponit, be joynit in marriage after there public repentance for the offences bygane, without any hope that uthers have the like licence, whill farther ordour be tane be the civil magistrat, as said 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 Provest, and Mr William Ramsay ane of the ministers, was content that the Superintendent of Angus and Fyfe, Mr Christopher Gudman and Mr George Buchanan, should consider this complaint, and whatsoever they decydit therein and ordainit to be done, they should fulfill the same in sick sort that no complaint sould 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 ministratioun of the sacraments, Mr John Dowglas rector of the Universitie and master of the said Colledge promised to the kirk to satisfie the saids complainers reasonablie, that heirafter the kirk sall not be troublit with farder complaint.

[Tuiching the requeist of the Commissars of Edinburgh, that everie Minister or Reader sould have a register of the names of the deceased of the place where they dwell, the day of the moneth and yeere, and deliver the copie thereof to the procutor fiscall, that pupills and creditors be not desrauded: It was answered, they could not lay suche a charge upon their brethren, in respect none or few of the Ministrie had manses and gleebes to make residence in; bot how soone they obtained their manses, they sould exhort them, as they salbe required, to doe conforme to the said Request. C.]

Sessio 4^ta, 28 Junij 1565.

Anent the complaint givin in be Mr Donald Monro, against Mr John Robertsone, thesawrer of Ros, minister of Urquhart, and Johne Watson, minister of Alves, That wher they both accepted the ministrie on them, and receivit ther stipends therfor, and now hes left ther vocation, requyrit the kirk to take ordour heirin: The haill Assemblie ordainit the saids persons to repaire towards there charges in the ministrie, and enter againe therto incontinent after they be chargeit, under the paine of dissobedience of the kirk, and dischargeing of ther allowance and stipends.

[Mr Robert Pont commissioner of Murrey, was appointed to trie, if Williame Rosse, Donald Adamsone, John Murquhousone, and Alexander More, were worthie to be admitted be Mr Donald Monro as exhorters, to baptize and solemnize mariage.

Commission was given to Mr George Hay, parson of Ruthven, to visite kirks, schooles and colledges from Dee to Spey, to plant, remove simpliciter, or for a season, ministers; to eradicate idolatrie, &c. till a Superintendent be admitted in the North, or at least till nixt Generall Assemblie.

The Superintendent of the West was enjoyned to visite the kirks betwixt Ure and Neth, as he doeth other kirks within his jurisdiction of Glasgow, becaus these 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 Glasgow of old. C.]

The haill Assemblie with ane voyce and mynd choose Johne Knox, minister of Edinbrugh, to receive the ansuers of articles send from the Assemblie be the commissioners therof to the Q. Majestie, and to advertise the superintendents of the same; and alse that he advertise the faithfull of things necessar that sall happin betwixt this and the nixt Assemblie.

Thanks beand givin to God be John Willock Superintendent of the West, and the 25 of December nixt to come appointit for the nixt Assembile to convein in Edinburgh, this Assemblie was dissolved.