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The Generall Assembly, halden at Edinburgh the 5th of Marche 1570(71), In the qwilke war present the Barrons, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Universities, Towns, Kirks, and Ministers, Mr George Hay was chosen Moderator be the suffragis, to make prayers in this Assembly and exhortation in the beginning of the nixt.

Sess. 1^a.

The Kirk assemblit ordains all superintendants and commissioners to plant kirks, to present hereafter, their books of their visitationes, every ane within their province respective, to every Assembly heirafter following, to be sichted and considerit be sic brethren as shall be appointit thereto, fra Assembly to Assembly, To the effect the Kirk may knaw their diligence in executing their offices within thair provinces. The Kirk finds fault that Mr John Rutherfurde, minister at Cultis, hes not done diligence in serving the said cure at leist certaine tymes in the year, admonisching him therefore to amend the said fault in tymes comeing, wtherwayes the Kirk will proceed against him as ane neglector of dewtie.

Sessio 2^a.

Articles pertayning to the Jurisdictione of the Kirk, to be proponit to the Regent’s Grace and Secret Councill, and socht to be appointit be them.

1. Ffirst, that the Kirk have the judgement of trew and false religion or doctrine, heresies or sicklyke, annexit to the preaching of the word, and ministratione of the sacraments.

2. Electione, examinatione and admissione of them that are admittit to the ministrie, or uther ffunctions in the Kirk, charge of sawls, and ecclesiasticall benefices, the suspensione and deprivation of them therfrae for lawfull causes.

3. All things concerning the discipline of the Kirk, whilk stands in correctione of manners, admonitiones, excommunicationes, and receaving to repentance.

4. The judgement of ecelesiasticall matters betwixt persones that are of the Kirk, and speciallie among them that are constitute in the ministrie, alseweell concerning beneficiall causes as uthers.

5. Jurisdictions to proceid be admonitiounes, to the process of excommunication, if neid beis, against them that robbs the patrimonie of the Kirk pertaining to the ministrie, or utherwayes intromitts therewith unjustlie, whereby the ministrie is in danger to decay, be occasion of the povertie of the ministers.

6. And because the conjunctione of marriages pertaynes to the ministrie, the cause of adherents and divorcements aucht also to pertaine to them, as naturallie annexit thereto.

Adulterers, incestuous, and homicids, war ordainit to repair towards their own ministers, there to receave their injunctions, whill the next Convention Synodall of the Superintendants or Commissioners of their own provinces respective, and there to present themselve in linnen cloathes, bareheaded and barefooted, humblie requestand the Kirk there assemblit to receave them to the societie of the faithfull, with farther injunctions, and to bring their testimonialls from their ministers of their behaviour in the mean tyme.

Sessio 3^a.

Forsuameikle as it hes been ordainit be the Generall Assemblies, that all adulterers, murtherers, incestuous persons, and uthers committers of hainous crymes, first sould present themselves to the Generall Assembly, there to resave their first injunctione, and at the next thereafter following, to present themselves in linen cloathes, &c.; And forsuameikle as diverse of the saids offenders partly are far distant frae the places of Generall Assemblies, uthers for povertie and deidlie feids may not nor dare not travell through the countrie to present themselves before the saids Assemblies: for thir causes and uthers considerationes moveing the Kirk presently assemblit, they statute and ordaynit that all sic offenders sall be callit heirafter be the Superintendants and Commissioners of provinces, to compeir before them in their Synodall conventions, to be halden be them twyse in the yeir, to receave and take their injunctions, conforme to the order usit before the Generall Assemblies in all sorts.

The haill Kirk assemblit ordaynes, that all questions heirafter be proponit and presentit to the Superintendants and Commissioners forsaids in the saids Synodall Conventions, there to receave their solutions; and gif any questione happins to be hard for them that shall happen to be at the said conventione, then, and in that case, the Superintendant or Commissioner of Kirks, present the said hard questions to the Generall Assemblie, there to receave solutione in their roome, according to the rule; with certification that no questions hereafter shall be receavit in Generall Assemblies from particular ministers.

Sessio 4^a.

The Kirk assemblit statutes and ordaynes, that all marriages be made solemnly in the face of the congregation, according to the ordour published; and also inhibits all ministers and exhorters, that nane of them solemnize marriages of any persones of uthers congregationes nor their awne, without sufficient testimonialls from their ministers, or else licence askit to obtaine it be the contractors, under the pains establishit before, against the ministers and contractors, with their parents, to make publick repentance at the commone pillar of repentance, at the discretione of their awne kirks.

Sessio 5^a.

The Kirk assemblit ordayns all ministers to inhibit all civil magistrates to hald their courts within Kirks; if need bees, to admonishe.

The Kirke ordaines all Superintendants and Commissioners to plant kirks in their first Synodall conventions hereafter following, with the advyse of their ministers, to reason and appoint publick fasting if it shall be thought necessar; and also that they appoint certaine brethren to creat unitie and concord among the nobilitie of this realme.

Compierit in Assemblie, Mr Robert Wynrahame, collector of Fyfe, and schaw how he was purgit be ane condigne assyse before the civill magistrat, for the slauchter of Thomas Kinries, citicen in St Androis; nevertheless, because the blood was sched against his will, allwayes he willingly offerit himself to the Kirk for satisfaction of the Kirk.

The Kirk ordaines Mr Robert Hamiltone, minister of St Androis, to declare, after the sermone upon ane Sonday, the purgation of the said Mr Robert of the slaughter, and, therefore, call upon him to repaire before the pulpit, exhorting him to enter in consideration with himself, according as is contenit in the book of excommunication, and thereafter to humble himself, ask God, the congregation, and the partie, pardon, and to uthers that were sclanderit with the fault, &c.

Anent excommunicat persons for now adhereing to the established religion, and not joynit thereto of before, yet nottheless, presently of their awne frie will, submitts themselves, and requires to be receavit in the societie of the faithfull. The Kirk ordaines the saids persones to be receavit be the minister in low and humble habite, with sackcloth, observing the order prescryvit in the book of excommunicatioune in all uther poynts.

Quhair ministers are not in practise of excommunicatione, or will be contemnit in their executiones, it is necessar that the Superintendant, or some uther sufficientlie qualified and authorised, use the same.

If it be lisum to the minister to proceed against the magistrats who will not put to execution the acts of Parliament concerning discipline, and uther particular acts universallie agreit upon be their owne particular congregatione, with the sentence of excommunication?

This is else concludit; admonitions passing dwely before, against them.

Promise of marriage, per verba de futuro, sall be made, according to the ordour of the reformit Kirk, be the minister, exorter, or reader, takand cautione for abstinence till the marriage be solemnizat.

If ane man ravishe a woman against her will, and her parents, and strike her parents under silence of night, and the magistrat will put no correction thereto, Qwhither if the Kirk sould proceed with monitors and excommunicatione to satisfie the sclander? It is lawfull.

Qwhat order shall be taken with her, who, committing fornication with a man, does suffer the same man heirafter to marrie her own sister, and, hearing the bands proclaimit, wad not reveall the impediment, but, be concealing of the cryme, was guiltie of the incest following? Answer, Baith he and she to be punishit according to the discipline of the Kirk, but chiefly the man, and the second cannot be his wife.

Qwhat order shall be taken with them that impugnes proclamation of bands, and chieflie be infamie, and proves not? Let sic persones be punischit according to the discipline of the Kirk as infamous.

It is altogether unthankfull be any minister of God’s word, to receave any benefice be the presentation of a laick persone patrone, under pactione and condition made with the patrone thereof, tending to simonie, viz., that the patrone have the great part of the teinds and the minister the small portione thereof.

What order shall the Superintendant take with a man that hes suitit libertie to marrie thir three or four yeares, being, before his owne particular kirk, inhibited to marrie, because he deflorit a virgine, being his own servant, lest he wald take her to his wife, seeing the judiciall law is not yet receavit, and alse the man hes her discharge of marriage under the forme of instrument before the decreit was pronuncit against him be his awne particular kirk, all things being trew according to the narrative? It is thocht the decreit gine for sic ane cause may be reduced be the Superintendant, and the man may obtaine liberty to marrie: yea, and there is injurie done to him alreadie.