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The Generall Assembly of the Kirk, holden in Edinburgh, in the Nether Councill-House thereof, upon the 25th day of December 1566: In the whilk were conveened the Superintendants, Ministers, and Commissioners of Shyres, Towns, and Kirks: The invocatione of God’s name made be Mr John Craig, Minister of Edinburgh.

In the first, for order to be observed in reasoning, and that every brother speak to his purpose, with sic measure as it becomes the ministers of God’s word to doe, John Eskine of Dunn, Superintendant of Angus and Mernes, was continued Moderator, whereof he was content.

Sess. 2^a. December 26, 1566.

Anent the Assignation of the pensione of money and victualls offered be the Queen’s Majestie, and her most honourable Councill, for the sustentation of ministers within this realme, the haill brethren present, required the ministers being in the Sessione, to pass furth of the Assembly, and with mature deliberation to consult and advyse, whether they think good to accept the same for reliefe of the present necessitie or not.

After long reasoning and mutual conference anent the said Assignation, returning againe in, the Assembly thought it good, for support of the ministers’ necessitie, to accept the said offer of money and victuall, if they might be gotten hastilie; nottheless, in consideratione of the law of God, Ordaines the persones who heares the doctrine of salvatione at the mouthes of his ministers, and thereby receaves speciall food to the nowrishment of their soules, to communicat temporall sustentation on their preachers: Their answer is, That having just title to crave the bodilie food at the hands of the saids persons, and finding no uthers bound unto them, they only require at their own flock, that they will sustain them according to their bounden dutie, and what it shall please them to give for their sustentation, if it were but bread and water, neither will they refuse it, nor desist from the vocatione. But to take from others contrare their will, whom they serve not, they judge it not their dewtie, nor yet reasonable; alwayes they most heartily thank the Lords that bestowed their labours and paines in purchasing the foresaid assignatione, most heartily requesting their honours to persevere, whill they bring it to some perfectione. Nevertheless, the haill Assemblie solemnly protested that the acceptance of the foresaid assignatione for the relief as said is, prejudges not the libertie of the kirk to sute for that thing that justly pertaineth to the patrimonie of the same, in tyme and place convenient, in any tyme hereafter.

The same day were proponed thir questions underwritten, and answers thereto as follows:—Whether if the teyndes properly pertaines to the kirk, and should only be applyed to the ministers, sustentatione of the poor, maintainyng of schools, repairing of kirks, and uthers godly uses, at the discretion of the kirk?

Answered affirmative, without contradiction.

Secondly, If the teynds pertains to the Kirk, and ought and should be imployed to sic godly uses as said is, Whether, if the ministers, who are the mouth of the Kirk, may, with safe conscience, keep silence, seeing the patrimonie of the Kirk maist injustly taken up and wasted in vain things, be sic persons as bears no office in the Kirk of God; and, in the meantyme, the ministers ceisand for necessitie, the poor perishing for hunger, the schools decayand, and kirks falland to the ground?

Answered: They ought not to keep silence, but earnestly to admonische every man of his deutie, and desyre all men to suit for that whilk justly pertaines to the sustaining of the things forsaid.

Thirdly, Whether, if the Kirk may justly require of all possessors the teynds to be paid to the Kirk only, and inhibite all uthers to intromitt therewith; and, in case of disobedience, what order shall be used be the Kirk against them?

Answered: After dew admonitione used, and no obedience found, rouse the censures of the Kirk.

Sess. 3^a. December 27, 1566.

Anent Mr Knox’s request to passe to the realme of England to visit his children, and do his other lawfull business; The haill Assembly granted gladly licence, with letters testimonialls of his honest conversation and godly doctrine within this Kingdome, with provision, as is contained in saids letters, the tennor whereof follows:—

The Superintendants, Ministers, and Commissioners of Kirks within this realme of Scotland, presently assembled, to whais knawledge thir presents shall come, wisheth grace, mercy, and peace, from God the Father, and from our Lord Jesus Christ.

Witt your universities, That our loving brother, John Knox, bearer of thir presents, hes been and is, ane trew and faithfull minister of the Evangell of Christ Jesus, within this realme of Scotland, continually thir eight yeares bygone, or thereabout; in doctrine pure, and sincere in life and conversation, to our sights inculpable; and hes so fruitfully used that talent granted to him be the Eternall, to the advancement of the glory of his godly name, to the propagation of the kingdome of Jesus Christ, and edifying of them that heard his teaching, that, of dewtie, we most heartilie praise his godly Majestie for that so great ane benefite granted unto him for our utilitie and profit; and because he, for the naturall love and affection whilk he bears to his children, now being within the realme of England, and favour to uthers his brethren and allya there, gentlie requested us to grant him licence for ane season to repaire toward the said realme of England for the causes abovementioned; We, after mutual conference in full Assembly, thought this petition just and reasonable; and, therefore, all in ane voyce, grants licence to our said brether, according to the Q. Majestie’s conduct, to pass to the said realme, what tyme he shall think most commodious for his journey; provideing alwayes, that he returne to this realme of Scotland before the 25th of the moneth of June next ensuing, to continue in his former vocatione, and no utherwayes; and this we make it knowne to all and sundrie whom it effeirs be thir our letters testimonialls, given at Edinburgh in our Generall Assembly, and third Session thereof. Subscribed be the Clerk of the same the 27th of December.

Attour, ordained ane Letter to be direct to the Bishops of England, that they would be content gently to handle the brethren preachers, touching the habits, supercloathes, and uthers abulziements, whilks appearantly tends more to superstitione nor edificatione; and requests Mr Knox to put the heads in write whilks he thinks necessare to be written to the saids Bishops; the tenor whereof follows:—

The Superintendants, Ministers, and Commissioners of Kirks within this Realme of Scotland, To their Brethren, the Bishops and Pastors of Ingland, who hes renounced the Romane Antichrist, and does professe with them the Lord Jesus in sincerity, desyres the perpetual increase of the Holy Spirit.

By word and write, it hes come to our knowledge, Reverend Pastors, that diverse of our dearest brethren, amongst whom are some of the best learned within that realme, are depryved from ecclesiasticall sunshine and forbidden to preach, and so by you are stayed to promove the Kingdome of Christ, because their conscience will not suffer them to take upon them, at commandment of the authoritie, sick garments as idolaters in tyme of blindnesse have used in their idolatrie, whilk bruit cannot be bot most dolorous to our hearts, mindfull of that sentence of the Apostle, saying, If ye byte and devowre one another, take heid lest ye be consumed one of another. We purpose not at this present, to enter into the ground whilk we hear of aither partie, to be agitate with greater vehemencie then well lyketh us, To witt, whether sic apparell is to be counted amongst things simple and indifferent or not. But, in the bowells of Christ Jesus, we crave that Christian charity may so prevaill in you; in you, we say, the Pasters and leaders of the flock in that realme, that ye doe not to uthers that quhilk ye would not have uthers doe to you. Ye cannot be ignorant how tender a thing the conscience of man is. All that have knowledge are not alyke persuaded, yet conscience reclaims not at the wearing of sic garments, but many thousands, both godly and learned, are utherwayes persuaded, whose consciences are continually stricken with thir sentences—What has Christ to do with Belial? What fellowshid is betwixt light and darkness? If surcloaths, cornet, cape, and tippet, hes been badges of idolators in the very act of their idolatrie, what hes the preacher of Christian libertie and the open rebuke of all superstitione to doe with the dreggs of that Romish beast? Yea, what is he that ought not to feare either to take in his hand or forehead the print and mark of that odious beast? Our brethren that of conscience refuses that unprofitable apparell does rather now molest you that use sick vain trifles: if ye shall doe the like to them, we doubt not but therein ye shall please God, and comfort the hearts of many whilks are wounded with the extreamitie that is used against these godly and our well-beloved brethren. Collour of Rhetoric or manly persuasion will we use none, but charitablie we desyre you to call that sentence of Peter to minde; Feed the flock of God whilk is commited to your charge, caring for it, not be restraint but willingly, not as though ye were lords over God’s heritage, but that ye may be ensamples to the flock. And, farder, alse we desire you to meditate on that sentence of the Apostle, saying, Give nane offence, neither to the Jews, nor to the Grecians, nor to the Kirk of God. In what condition of tyme ye and we both travell in the promoving of Christ’s Kingdome, we suppose you not to be ignorant; and therefore we are more bold to exhort you to walk more circumspectly then that for sick vanities the godly should be troubled; ffor all things that may seeme lawful edifie not. Give the commandment of the authoritie urge the conscience of you and our brethren farther than they can bear, we unfainedly crave of you that ye remember ye are called the light of the world, and the salt of the earth. All civil authoritie hes not the light of God alwayes shyning before their eyes in their statutes and commandments; but their affections savour over meikle of the earth and of worldly wisdome, and, therefore, wee think you should boldly oppone yourselves to all that power that will or dare extoll itselfe not only against God, but also against all sic as dare burden the conscience of the faithfull farder then God hes burdened them be his own word. But herein we may confesse our offence in that we have entered farther in reasoning than we proposed and promised at the beginning; and, therefore, we shortly returne to our former humble supplication, whilk is, that our brethren, who amongst you refuse the Romish raggs, may finde of you the Prelats sic favour as our Head and Master commands every one of his members to show to one another, whilk we look to receave of your gentleness, not only for that ye feare to offend God’s majestie in troubling your brethren for sic vain trifles, but also because ye will not refuse the humble request of us, your brethren and fellow-preachers, in whom, albeit there appear not great worldly pomp; yet we suppose that ye will not so farr despyse us, but that ye will esteem us to be of the number of them that fight against that Roman Antichrist, and travell that the Kingdome of Christ may be universally advanced. The dayes are evill, iniquitie abounds, Christian charitie is waxin cold, and, therefore, we ought more diligently to watch, for the hour is uncertaine when the Lord Jesus shall appear, before whom ye, your brethren, and we, must give ane account of our administratione. And this, in conclusione, again we once crave favor to our brethren, whilk granted, ye in the Lord shall command us in things of double more importance. The Lord Jesus rule your hearts in true feare unto the end, and give unto you and us victorie over that conjured enemie of all true religione, to witt, over that Roman Antichrist, whose wounded head Satin preases by all means to cure again. But to destruction shall he and his maintainers goe, by the power of our Lord Jesus; to whose mighty protectione we heartily committ you. From Edinburgh, out of our Generall Assembly, and third Sessione thereof, the 27th of December 1566.

Your Loving Brethren and fellow-preachers

in Christ Jesus.

Ordains ane humble supplication to be made to the Lords of Secret Councill anent the Commissione of Jurisdictione supponed granted to the Bishop of St Andrews, to the effect that their honors stay the same, in respect that these causes for the most part judged be his usurped authority, pertaines to the trew Kirk; and howbeit, for hope of other things, the Kirk oversaw the Queen’s Majestie’s Commissione given therintill to sic men who for the most part were our brethren, yet can the Kirk no wayes be content that the Bishop of St Andrews, ane common enemy to Christ, to use that Jurisdictione, and alse in respect of that colloured Commissione, he might againe usurp his old usurped authority, and the samen might be the meane to oppresse the whole Kirk be his usurped judgement.

The tenor of the supplication follows:—

The Generall Assembly of the Kirk of Scotland, conveened at Edinburgh the 25th of December 1566, To the Nobilitie of this Realme that professe the Lord Jesus with them, and hes renunced that Roman Antichrist, desyre constancie in faith, and the spirit of righteous judgement.

Seeing that Satan, be all our negligences, (Right Honourable,) hes so far prevailed within this realme of late dayes, that we stand in extream danger not only to losse our temporall possessions, bot also be depryved of the glorious Evangell of Christ Jesus, and so we and our posteritie to be left in damnable darkness, we could no longer contain ourselves nor keep silence, lest in so doing we might be accused as guiltie of the blood of sic as shall perishe for lack of admonishment, as the Prophet threatens. We, therefore, in the fear of our God, and with grief and anguish of heart, complains unto your honors, yea, we must complaine unto God and to all his obedient creatures, That that conjurit enemie of Jesus Christ, and cruell murtherer of our dear brethren, most falsly styled Archbishop of St Andrews, is reponed and restored be signator to his former tyrannie: ffor not only are his ancient jurisdictions (as they are termed) of the haill bishopric of St Andrews granted unto him, but also the execution of judgement, confirmatione of testaments, and donatione of benefices, as more ample in his signator is exprest. If this be not to cure the head of that venemous beast whilk ance within this realme, be the potent hand of God, was so banished and broken downe that be tyranny it could not hurt the faithfull, judge ye. His antient jurisdictione was, that he with certaine his colleagues collateralls, might have damnit of heresie, upon probatione as pleased him, and then to take all that were suspect of heresie heretofore. Ye cannot be ignorant judges whether they remaine in their former malice or not: their states and travells openly declares. The danger may be feared, say ye; but what remedie? It is easie and at hand, Right Honourable, if ye will not betray the cause of God and leave your brethren, whilk never will be more subject to that usurped tyrannie then they will unto the Diuell himselfe. Our Queen belyke is not well informed. She ought not, nor justly may not, breake the lawes of this realme; and so consequently she may not raise up against us, without our consent, that Roman Antichrist againe: ffor in ane lawfull and free Parliament as ever was in the realme before, was that odious beast depryved of all jurisdictione, office, and authority within this realme. Her Majestie, at her first arryvall, and be diverse her proclamations sinsyne, hes expressly forbidden all uther forme and fact of religione then that whilk she fand publickly established at her arryvall: Therefore she may not bring us the greatest part of the subjects of this realme back againe to bondage, till that alse lawfull and alse free ane Parliament as justly damned that Antichrist and his usurped authority have given decision betwixt us and him heirof, and of uther things that no less concerns yourselfes then us, ye plainly and boldly admonishe our Soveraigne, and without tumult only crave justice. The tyrants dare no more be seen in lawful judgement, nor dare the howlats in the day light. Weigh this matter as it is, and ye shall finde it more weighty then to many it appears. Farther, at this present we complain not, but humbly craves of your honors ane reasonable answer, what ye will doe in case that sic tyrants, devowering wolves be given to invade the flock of Jesus Christ within this realme, under what title that ever it be; ffor this we boldly confess, that we will never acknowledge uther pastors to our saules, nor yet judges to our cause; and if that for denyall thereof, we either suffer in body or goods, we doubt not but we have not only ane Judge to punishe them that unjustly trouble us, but also ane Advocat and strong Champion in heaven, to recompense them who for his name sake suffer persecutione, whose Holy Spirit so rule your hearts in his trew fear unto the end. Your Lordships’ answer yet again we crave. Given in the Generall Assembly, and third Session thereof, at Edinburgh, December 27, 1566.

QUESTIONS AND THEIR ANSWERS.

Ane certain married man past to the warrs of Denmark about four years since. His wife has joyned her self to ane uther man within this two years in whoredome; now they desire to be married, because they have the attestation of two unsuspect witnesses who spake with Captain Clerk, that her husband was slaine in the Castle of Baronebar in December, upon Pasche day bygane ane year: Quæritur, Whether the parties may be joyned in lawfull marriage or not?

Ordaines the names of the persons to be given up to the Session of the kirk where they dwell, to be accused criminalie for their offences given in tyme of her husband’s lyfe, or before the knawledge of his death, she ioyned her bodie to the uther man, that they both may be punished accordingly.

Ane man forewarned that he might not marry his father’s sister, past in contempt of the kirk, and was married in the Chappel Royal, December 1566. Quæritur, What order shall be taken therewith?

Ordaines to dilate the parties to the Justice Clerk and the Kirk, and to declare their names, that they may be punished.

And further, because diverse persons, alswell women as men, who are separate for adulterie, the partie offendand joynes himself in marriage againe, contrare the law of God, wherethrough great sclander and inconveniences follows; Ordains the Superintendant to admonishe all ministers within their jurisdictiones, that nane joyne any partie separate for adulterie in marriage, under the paine of removeing from the ministrie.

Sessio 4^ta, December 28, 1566.

Anent Bishops, Abbots, Priors, and uthers persons beneficed being of the kirk, who receaves teynds, and waites not upon the flock committed to their cure, neither presents themselves to the Generall Assemblie: Ordains all Superintendants to warn all Bishops, Abbots, &c. that receaves teynds within their iurisdictiones, and where no Superintendants are, that the Superintendant nearest send his letter to the minister next adjacent, to summond the forsaids persons to compear at the next Generall Assembly, to give their assistance and counsell to the said Assembly, in sic things as appertaine to the Christian religion and preaching of the true word; and ffarther, to know the ordinance of the kirk to be made thereanent.