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The Generall Assemblie, convened at Edinburgh, in the Nether Tolbooth thereof, the 25th Day of June 1565: In the whilk were present, the Superintendents, Ministers, and Commissioners of Shyres and Kirks, the invocation of the name of God being made be John Willock, Superintendent of the West.

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

Sessio Second, holden Junii 26th, 1565.

The haill Kirk present for the tyme, humblie requyred the nobilitie present to be humble suiters at her hienes for the execution of the Laws and Acts lately made against the violators of the Sabbath day, committers of adulterie and fornication, and desyred every Superintendent for to sute for commissions to judge within their jurisdictiones, givand power to them to execute punishment against the committers of sic crymes, according to the tenor of the saids Laws and Acts, &c.

And in like manner to request her heines to cause thankful payment be made of the Ministers’ stipends throughout this realme, as also to complain to her Majestie that where of before the Kirk of Candwell in L. Carrok was assigned for payment of the Ministers’ stipends in Kyle and Carrick, is now given by her heines to the young Laird of Skeldrume, and in like manner the parochiners of Dalry shew that the lands of the Kirke was assigned to the minister of the parochine, and now was givan to the Laird Provane, and to understand her heines will thereanent.

Ordains for ordering the articles to be sent to the Q. Majestie, John Erskine of Dunne, Superintendent of Angus and Mearns, John Willock, Superintendent of the West, Christopher Goodman, Minister of St Andrews, John Row, Minister of St Johnstone, to conveen after eleven houres, and set them furth and present them to the Assemblie this day afternoone; whilk ordinance the saids persones obeyed, and presented the Articles to the Assemblie.

TENOR OF THE ARTICLES.

Imprimis, That the Papisticall and blasphemous masse, with all Papistrie and idolatrie of Paip’s jurisdictione, be universallie suppressed and abolished throughout the haill realme, not only in the subjects, but also in the Q. Majestie’s awn persone, with punishment against all persones that shall be deprehended to transgresse and offend the same; and that the sincere word of God, and his true religion, now presently receaved, might be established, approven and ratified throughout the whole realme, alswell in the Queen’s Majestie’s owne persone as in the subjects, without any impediment, and that the people be astricted to resort upon the Sunday at least to the prayers and preaching of God’s word, like as they were astricted before to the idolatrous masse; and thir heads to be provided be act of Parliament, with consent of the Estates and ratification of the Queen’s Majestie.

Secondlie, That sure provisione be made for sustentation of Ministers, as well for the tyme present as for the tyme to come, and that such persons as are presently admitted to the ministrie may have their livings assigned unto them in the roomes where they travell, or at leist next adjacent thereto, and that they have na occasione to crave the samen at the hands of any others, and that the benefices now vaikand or that hes vaiked since the moneth of March 1558, or yet hereafter shall happen to vaike, be dispensed to qualified and learned persones, able to preach God’s word, and to discharge the vocatione concerning the ministrie, be tryall and admissione of the Superintendents, and that no Bishopric, Abbacie, Priorie, Deanerie, Provestrie, or any other benefices, havand many Kirks annexed thereto, be disponed altogether in any tyme comeing to any one man. But at the least the Kirks thereof be severallie disponed and to severall persones, so that every man having charge may serve at his awne Kirk according to his vocatione; and to this effect that the gleibs and manses be givene to the Ministers that they may make residence at their kirks, wherethrough they may discharge their consciences conforme to their vocatione, and also that the kirks may be repaired accordinglie, and that ane law be made and established herein be act of Parliament, as said is.

Thirdlie, That none be permitted to have charge of Schooles, Colledges, or Universities, or yet privately or publickly to instruct the youth, but such as shall be tryed be the Superintendents or visitors of the Church, sound and able in doctrine, and admitted be them to their charges.

Fourthlie, For sustentation of the poor, that all lands founded to hospitalitie of old be restored agane to this same use, and that all lands, annualrents, or any other emoluments pertaining any ways to the friers of whatsumever ordour, or annualrents, altarages pertaining to Priests, be applyed to the sustentatione of the poor, and uphald of Schooles in the towns and uthers places where they ly.

Fifthly, That horrible crymes as now abounds in the realme without any correction, to the great contempt of God and his holy word, sic as idolatrie, blaspheming of God’s name, manifest breaking of the Sabbath Day, witchcraft, sorcerie, and inchantment, adulterie, incest, manifest whoredome, maintainance of Brodells, murther, reiffe, slaughter and spulzie, with many uther detestable crymes, may be severely punished, and judges appointed in every province or diocie for the executione thereof, with power to doe the same, and that be act of Parliament.

Last, That same order be devysed and established for the ease of the poor laborers of the ground concerning the unreasonable payment of their teynds, taken over their heads without their advyse and consent.

The same day the Lairds of Carnall, Sornebeg, and Dreghorne, requesting humblie for support of a ministerie for their kirks of Rickartoune and Dundonald in Kyle, promised of their awn free will that they should provide stipends sufficient according as the Kirk would appoint, and that they should not remove from their Kirks for seeking payment of the samen; whilk request of theirs the haill Kirk praised, and promised satisfaction to their godlie desyre.

Sess. 3, Junii 27, 1565.

Anent the question proponed, whether Children may contract Marriage, and Marrie without consent of their Parents, and in speciall, whether the promise made betwixt Robert Patersone and Jonet Little, without the consent of the parents, may stand or not; it is found that the said Robert and Jonet hes not orderly proceeded in the said promise of marriage, in so far as they neither obtained the consent of the parents, nor yet, be the late order, repared to the Kirk of God to lament their cause, and seek the ordinary means thereat, be the word of God appointed: and therefore the Commissioners appointed be the Kirk for decision of Questions, determines that they have not lawfully proceeded in making of the said promise of marriage, and they should of dutie thus have proceeded: First, to require the consent of the parents, whilk being refused, then to make the sute unto the Kirk, to concurre with them in their lawfull proceedings, according to the order observed in God’s word; and for the offence and unlawfull proceeding bypast, to make satisfaction to the Kirk, as they shall be appoynted thereto: and hereupon ane general order to be set forth, as the Generall Assemblie shall think good to be observed, in all particular Kirks in tyme comeing. This was subscryved be the Commissioners underwritten:—Mr John Dowglass, Rector of the Universitie of St Andrews, Christopher Goodman, George Buchanan, John Craig, Minister, John Row, Robert Pont.

Ane uther question, whether ane learned man, having an benefice given in papistie, or lately since the word has been preached in this realme, may leave the parochine where he is persone, destitute of preaching the word, and enter Minister to serve in ane uther place for larger stipend? The foresaid Commissioners concluded as follows: It is thought agreeable to the word of God that no faithfull preacher of God’s word may enjoy any benefice or living pertaining to the Kirk, except he remaine at the said Kirk to discharge his office, for the whilk he receaved the said benefice; and that if he be transported be the Kirk or Superintendant to any uther place whereby he may not discharge his duty in both, That he be depryved of the ane, and it to be bestowed upon ane uther; provyding always, the foresaid persone be sufficiently answered of his stipend.

Ane uther question, whether if any man abusing his Cusings, his father’s brother’s daughter, seven years, and begottin children, and presently maried, marry her, and underly conviction, may marry or not? The degrees are second of Consanguinitie.

Though this be not found contrary to the word of God, yet because it has not been publickly revealed in this realme, and that diverse inconvenients are perceaved to insue of this Liberty, thinks it good that it be referred to the Civil Magistrates, or else to ane Parliament, for order to be taken therein, and that in the meantime, men take not libertie to their senses according to their filthie affections, not the lesse that the persons in whose name this question was proponed be joyned in marriage, after their publick repentance for the offences bygone, without any hope that uthers hold the like license, while farder order be taken be the Civill Magistrate, as said is.

Anent the complaint given in be the Superintendant of Fyfe, touching the wanting of a preacher at the Kirk of Kylmeny, pertains as ane common Kirk to St Salvator’s College in St Andrewes; Mr John Rutherfurd, Provest, and Mr William Ramsay, one of the Ministers, was content that the Superintendants of Angus and Fyfe, Christopher Goodman and Mr George Buchanan, should consider this Complaint, and whatsoever they decyded therein, and ordained to be done therein, they should fulfill the same in sic sort that nae complaint should be heard hereafter.

Ane Complaint was given in be the Parochiners of Tunninghame who payes the Teynds to the New College of St Andrews, and has no preaching nor ministration of Sacraments. Mr John Dowglas, Rector of the Universitie, and Master of the said College, promised to the Kirk to satisfie the Complainers reasonably, that hereafter the Kirk shall not be troubled with farther Complaint.

Sessio 4^ta. Junii 28, 1565.

Anent the Complaint given in be Mr Donald Munro against Mr John Robisone, Thesaurer of Rosse, Minister of Urquhart, and John Watsone, Minister of Awes, That where they both accepted the Ministrie on them, and received their Stipends therefore, and now has left their vocationes; requyred the Kirk to take order herein: The haill Assemblie ordained the saids persones to repair towards their charges in the Ministrie, and enter againe thereto incontinent, after they be charged, under the paine of disobedience of the Kirk, and dischargeing of their allowance and Stipends.

The haill Assemblie, with ane voyce and minde, choose John Knox, Minister of Edinburgh, to receave the answers of the Articles sent from the Assemblie be the Commissioners thereof to the Queen’s Majestie, and to advertise the Superintendants of the same, and also that he advertise the faithful of things necessar that shall happen betwixt this and the next Assemblie. Thanks being given to God be John Willock, Superintendant of the West, and the twenty fyve day of December next to come appointed for the next Assemblie to conveen in Edinburgh, this Assembly was dissolved.