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The Generall Assembly of the Kirk conveint in Edinburgh, and Nather Counsell-house of the same, the 5th of July 1569: In the quhilk were present the Superintendants, Ministers, Barrons, and Commissioners of Townes and Kirks.

For eschewing of confusione quhilk might chance in reasoning amongst the brethren presently conveint, with ane voyce was choysen for Moderator, William Chrystesone, minister of Dundie, for this Conventioune, who being present acceptit the office on him.

Sess. 2^a. July 6, 1569.

Anent the defence gine in the Assemblie halden in December 1567, be Mr John Craige, ane of the ministers of Edinburgh, touching the proclaiming of the Queene and Earle Bothwell, the said defence being publickly read, the haill poynts therein conteint be the haill Assembly maturely considerit; It was funde be the haill brethren that he had done the dewtie of ane faithfull minister, and had committed nothing sclanderous to sic as hes righteous judgement, in respect of the defence forsaid, quhilk was fund both godlie and sufficient for declaration of his innocencie thereanent, quhilk the haill Assembly declarit and testified, and ordained the same to be notified to all and syndrie.

Sess. 3^a. July 7, 1569.

Anent the punischment of adulteries, murther and uthers criminall and capitall crymes quhilk deserves death, &c. Whether the supreame Magistrate aught first to declare his minde of his satisfactione and admissione, or if the Kirk shall receave them to repentance before the declaratioune of the Magistrats will?

Anent persones guilty of capitall crymes fund the Superintendants, Ministers, Elders or Deacons of reformit Kirks, to compeir to this Assembly or any uther hereafter, and the saids persons fund not compeirand, the Kirk ordaines the saids Superintendants or Ministers to proceed to excommunication against them, and to notifie to the Supreame Magistrate so many as for the offences are alreadie excommunicate, that further punischment may be execute.

Certaine of the Articles presented to my Lord Regent.

That order may be tane for the sustentation of the poor, and that ane portion of the teynds be appointit for that effect. And in like manner, that the labourers of the ground may have intromissione to lead their owne teynds upon reasonable compositioune.

Item, That sic as hes pluralitie of benefices may be compellit to dimitt all save one.

Item, That remedie may be provided for chaiping and changing of benefices, and selling of the same, dimminisching of the rentall, of setting of lang taks in defraud of the Kirk, and that all taks sett sen the assumption of the thrids may be disannullit, with express inhibitioune agains the same in tyme to come.

Item, That the jurisdiction of the Kirk may be separate from that quhilk is ciuill.

Anent this article, my Lord Regent’s Grace ordaines the persones nominat in the act of Parliament to conveine the tyme of the nixt chekker, and defyne and limitat the said jurisdictione according to the word of God and the said act. Extract. ex libro actorum secreti concilii.

Alex. Hay.

The tenor of the Act made for Assignatioune of Stipends.

Forsuameikle as this lang tyme bygane the ministers hes been universallie defraudit and postponit of their stipends, and now at last it hath pleasit God to move the hearts of the superiour power and Estates of this realme to grant the thrids of the haill benefices within this realme to the ministers of Christ’s religione be plaine and publick proclamation, as at mair lenth is conteinit in the said Parliament, holden at Edinburgh in the moneth of December 1567; In respect quhereof the Kirk presently convenit finds it maist needfull and expedient, that all Superintendants, Ministers, Exhorters, and Readers, shall have their owne particular assignations appointit to them, to receave the same frae the hand of the laborers, taxmen, or uthers addebtit in payment of the saids thirds: And therefore the Kirk in ane voyce, be this act, gives their full power and commissione to every Superintendant and Commissioner of Kirks within their owne bounds, as they shall find the same expedient, under the Superintendant’s subscriptione and ministers foresaids, with all clauses needfull and expedient thereto, quhilks sallbe alse sufficient as if the same were specifiet be the Generall Assembly of the Kirk. And as concerning the Superintendants and Commissioners of Kirks, their provisione and assignatione to be made be the Generall Assembly of the Kirk.

And to the effect this act may take full perfectione, the Assembly present requyres maist humbly, my Lord Regent’s Grace and Secrett Councill, to interpone their authoritie thereto, that the assignations forsaids, generall and particular, as they shall be presentit to his Grace, may be specifit in forme of provisione ad vitam, under the Privy Seal, with ordinance thereupone, that Letters may be direct at every man’s instance, under all the four formes, as is grantit to the possessors of the twa part; and alse to the same end, that his Grace and his Counsell forsaid wald decerne the thrids of the benefices forsaids within this realme, to be separate and devydit reallie and with effect, from the twa part, so that the Kirk may intromitt with the thrid part, as the possessors does with the twa part, the superplus always to be comptable to the commone effaires, conforme to the act of Parliament.

Sess. 5^a. July 9, 1569.

My Lord Regent’s Letter to the Assembly.

After our maist hearty commendations; Seeing we are not able to be present at the Assembly now approachand, as our intentione was, We thocht it convenient, brieflie to give you significatioune of our meaning in wreit, of the quhilk we pray you to take good consideration, and, accordingly, to give your advertisement. Ye are not ignorant, as we suppose, what has beene the estate of the Kirk of God within this realme, baith before we acceptit the burding of regiment and sinsyne: How, first, the thirds of benefices war grantit to the ministrie, thereby partlie relievit and sustainit in sic sort, that nothing inlaikit that our travells could procure. The first order, indeed, was divers wayes interruptit and brokin in, but chiefly in that year when we were exyled in England, quhairthough that year the haill ministers war frustrate of their livings. Shortly, in the estate of Government altering at God’s pleasure, and the King our soveraigne being inaugurat with the crowne of this kingdome, the first thing we war careful of was, that the trew religion might be established, and the ministers of the Evangell made certain of their livings and sustentatione in tyme comeing: ye knaw, at the parliament we war maist willing that the Kirk sauld haue been put in full possessione of the proper patrimonie, and toward the thrids we expeded in our travel, and inlaikit only a consent to the dissolutione of the prelacies, whereunto, although we were earnestly bent, yet the estates delayit and wold not agree thereunto; and sen that tyme to this houre, We trust we will affirme, that we have pretermittit nothing that may advance the religione, and put the professors thereof in surtie, whereanent the haill and only inlaike hes been in the ciuill troubles that God hes suffered the countrie to be plagued with. Now, the matter being, after so great rage, brought to some stay and quietness, it was convenient that we returne where matters left and prease to reduce them to the estate they stand in. Ane thing we must call to remembrance, that at sic tyme as we travellit in the parliament to cause the estates to agrie, that the thrids should be decernit to pertaine to the ministrie, they plainly opponit them to us in respect of the first act, alleadgeand, that, with the sustentation of the ministrie, there was also regard to be had to the support of the puire, in sustaining of the public chairges, quhilks, if they had not some reliefe be that meine, the revenue of the crowne being so diminisched, and the ordinare charges cume to sic grytnes, on force they wold be burdenit with exactions; and so this dangerous argument compellit us to permitt to the estates, that we wold take upon us, the act being grantit to the Kirk, they should satisfie and agrie to ony thing sould be thocht reasonable, for supporting of the public charges of the prince. And, according to this, the Commissioner Deput for the affaires of the Kirk agriet to certaine assignations of the thrids for supporting of the King and us bearing authoritie; quhilk order had been sufficient for the haill, give the ciuil trouble had not occurrit; yet the disobedience growand so universallie, we are content to sustaine ane part of the inlaik and loss for the tyme past. But because there hes bene murmure and grudge for that thing assignit to the King’s houss and ours, and some other needfull things in the State, as that thereby the Ministers were frustrate of their appointit stipends, some communicatione was had at St Androis, and nothing yet concludit qwhill the Generall Assembly of the Kirk, quhilk now moves us wreit to yow in this forme, prayand yow richtlie to consider the necessitie of the cause, and how the same hes proceeded frae the beginning, haveing respect, that the Kirk will not be very well obeyit without the King’s authoritie and power, and that now the propertie of the Crowne is not able to sustaine the ordinarie chairges. How in the beginning the thrids had not been grantit giue the necessitie of the prince had not been ane of the chief causes; and at the parliament, the estates, as we have before written, stak to consent that the haill thrids sould be declareit to pertaine to the ministrie, whill first we take in hand, that they being made without conditione in favours of the Kirk, the same wold againe condescend to so meikle as wold be sufficient to the support of the publick affaires, in furthsetting of the King’s authoritie, and that therefore we will agrie and condescend to ane certaine and speciall assignatione of it, that sall be imployit to this use: The quantity qwhairof, diverse of your selves and the beirer heirof, Mr John Wood, our servant, can informe you, that after ye may distribute to everie ane haveing chairge in the Kirk of God his stipend, according to the conditione of the place he serves in, according to your wisdomes discretione. Hereby, all confusione that lang hes troublit the estate of the Kirk toward the stipend, shall be avoidit, and some speciall provision being made for sustaining of their publick chairges, we may the better hald hand to sie the Kirk obeyit of that whereon the ministers should live, as ye shall reporte. That dureing our travells in the north countrey, they have found our effectious good will, and travellit in their furtherance. Farder, we man put yow in minde brieflie of ane matter that occurrit at our late being in Elgine. Ane Nicoll Sudderland in Forres was put to the knawledge of ane assyse for incest, and with him the woman: the assyse hes convict him of the fault; but the question is, whether the same be incest or not, so that we behovit to delay the executione whill we might have your resolutione at this Assemblie. The case is, that the woman was harlot of before to the said Nicoll’s mother brother. Herein Mr Robert Pont can informe yow mair amplie, to whais sufficiencie we remitt the rest. Mair over, at our coming at Aberdeen, there came ane named Porterfield, minister, provydit of before to the Viccarage of Ardrossane, and required also of us, that he might also have the viccarage of Steinsone, seeing both was ane matter meine aneuch to sustaine him, and because the kirks war neir, he might discharge the cure of both. We haveing him commendit be diverse great men to the same, but thocht guid to advertise yow that this preparatione induce not evill example and corruptione; alwayes, in caice sic things occurr hereafter, let us understand what ye would have us to doe, as in lyke manner, towards the chaplanries shall happen to vaike; whereanent, because there is no certaine order, and some confusione stands, some desyrand them for lyftyme, some for inffants that are not of the schooles, and some for seven yeares. We are sometyme preasit to receave or confirme assignationes or admissione of benefices, the preparature whereof appears to bring with it corruptione, and so we would be resolvit how to proceed. Before our comeing from Fyfe, and sinsyne, we have beene very willing to doe justice on all suspect persones of witchcraft, as also upon adulterers, incestuous persons, abusers of sacraments, quherin we could not have sic expeditione as we would have wisched, because we had no uther probabilitie whereby to try and convict them but ane generall delatione of names; the persones suspect not being, for the maist part, tryit and convict be order of the Kirk of before. This hinderit many things that utherwayes might have been done; and therefore we pray you appoynt and prescryve, how the judgement of the Kirk may proceed and be execute against all sic trespassers, before complaint be made to us, that when we come to the cuntrie, we may cause execute the law, and be relievit of the tryall of inquisitione heiranent. We thocht expedient to give yow this for advertisement; and so remitts the haill to your care and diligence, committs yow in the protectione of Eternall God. Aberdeene, July ultimo, 1569. Your assurit ffriend,

James, Regent.

Articles and their Answers.

To the Questione, whether the cryme before specifiet, committit be Nicoll Sudderland, be incest or not? Answerit, The Kirk finds it incest, and so hes resolvit.

Item, Anent the Chaplanries that shall happen to vake? Annswerit, The Kirk agriees that they be disponit to Colledges or to the puire, conforme to the act of Parliament, and no utherwayes.