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[FIFTH GENERAL ASSEMBLY.]

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The Generall Assembly of the Kirk of Scotland, conveened and holden at Johnstoun, the 25th day of Junii 1563, In the whilk were assembled the Superintendants, Ministers, and Commissioners of the Kirks.

Sess. 1ma.

Prayer is made be Mr Johne Willock, Superintendant of the West: Superintendents and Ministers were tryed.

The same day Johne Knox, Minister of Edinburgh, having Commissioun given to him and certaine Elders and Deacons of the Kirk of Edinburgh, to take cognition of the Slander raisit agains Paul Methven, late Minister at Jedbrugh, anent Adulterie committed be the said Paul with ane his servant,—The said Mr Knox declared the haill cause quhat he had done in the foirsaid slander, viz. the said Paul to have committed the said abhominable Cryme of Adulterie, and therefoir, with advyse of the Kirk of Edinburgh, Superintendant of Lowthiane, and Collegues above written, have removed him frae all Ministrie, and also excommunicat him. And swa having put his said Commissione to Executioune, rendered up the same againe to the Generall Assemblie, fra quhom he received it.

Mr Johne Rutherfuird, Principall of Salvator’s Colledge, complained, That Mr John Balfour usurpit the Ministrie at Cultis, being unqualifiet to discharge the same; and seeing the Kirk pertainit to him as Principall, he offerit himself to minister, according to the talent given him be God. The Kirk, hearing his complaint and offer, ordainit the said Mr Johne to accept the office, who, in presens of the Assemblie, accepted the same.

The said day, David Fergusone, Minister of Dumfermling, declared in the publict Assemblie, That he had spoken to Paul Methven, lately excommunicat, quhom he fand verie sorrowful for his grievous offence committed be him in maner above rehearsed, and also sick repentance for the same, that he wald underly whatsoever punishment the Kirk of God would lay upon him, even if it were to lose any member of his bodie, to satisfie the same. After long reasoning of the whole Assemblie of the said repentance and offer, reportit be the said minister, the Kirk condescendit that the said Paul sould have a comfortable answer, and attour that they in the mean tyme sould speake the Lords of the Privie Counsell thereanent.

Sess. 2a. holden 26th Junii 1563.

The whilk day the Kirk pronounced, That no Contract of Marriage alledged to be made secretlie, carnall copulation following, sall have faith in judgement in time coming, untill the tyme the contractors suffer as breakers of good order and slanderers of the Kirk; and thereafter that faith sall not be given to that promise, untill sick tyme as famous and unsuspect witnesses affirme the same, or ellse both the parties confesse it: And in case that Probation or Confession follow not, that the saids offenders be punished as Fornicators.

Concerning the order of appellations, it was statute and ordained, That if anie person find himself hurt be any sentence given be any Ministers, Elders, or Deacons of the Kirk, It sall be lesume to the persone so hurt to appeall to the Superintendant of the Diocie and his Synodall Convention, within ten dayes next after; and the said Superintendant sall take cognition whether it was weill appealed or not, and give sentence thereupon; and if the Partie yitt alleges himself hurt be the Superintendent and his Convention, it salbe lawfull to appeale to the Generall Assemblie of the whole Kirk, immediatelie following thereafter, within ten dayes as of before; and the said Assemblie to take cognitione of the said Appellation, whether it was weill appealed or not, and thereafter to pronounce sentence thereintill, frae the whilk it sall not be leisum to the said Partie to appeale, but the former sentence to have Execution, according to the tenor of the same.

Item, If the appellant justifies not his appellation before the Superintendant and his Convention foresaid, that he sall impute an Paine upon the said Appellant, as he sall think good, above the Expensis to the Partie; whilk Paine salbe delyvered to the Deacons of the Kirk where the first sentence was given, to be distribute to the Poore.

And in like maner, the Generall Assemblie, finding it evill appealed be the said Partie frae the foresaids Superintendant and Convention, sall, as of before, impose ane paine arbitrall, to be distribute as said is, together with the Expensis to the Partie, as is above specified.

Ordained, That supplication be made to the Q. Majestie and Secret Councill for Union of Kirks, that where two or three are within two or three myles distant, the same to unite, and cause the inhabitants to resort to ane of the saids Kirks to hear the word and receave the sacraments. Because the scarceness of Ministers permitts not every Kirk to have a severall Minister, and also the small number of sick parochins requires not the same.

Ordained, That the Instruction of Youth be committed to none within this Realme, nather Universities nor without the same, bot to them that professe Christ’s trew Religion, now publiclie preached; and that sick as now occupie the places not professing as said is, be removed frae the samen, and to remember that some ordour be made for the sustentatioun of poore Scholars.

Sess. 3, 27th Junii 1563.

It is statute and ordained, That no work be sett forth in print, nather yet published in writt, tuiching Religion or Doctrine, untill sick tyme as it be presented to the Superintendent of the Diocie, advised and approved be him, and be sick as he sall call of the most learned within his bounds; and if they, or anie of them, doubt in anie point, so that they cannot resolve clearlie in the same, they sall produce the said worke to the Generall Assemblie of the Kirk, whill order salbe taken touching the resolution of the said doubt.

Sess. 4, 27th of Julij 1563.

Ordains, That everie Superintendent within his awne jurisdiction cause warne the shires, towns, and paroch kirks, to send their Commissioners to the Assemblie in times cuming, declaring unto them the day and place, and also that every Superintendent conveen the forsaid day, appointed for the Assemblie, under the paine of fourtie shillings, to be distribute to the poore, without remission thereof.

The Booke of the Universall Kirk of Scotland

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