Acts and Proceedings
1569, July

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Institute of Historical Research

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Maitland Club

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1839

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141-155

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'Acts and Proceedings: 1569, July', Acts & Proceedings of the General Assemblies of the Kirk of Scotland, 1560-1618 (1839), pp. 141-155. URL: http://british-history.ac.uk/report.aspx?compid=58941 Date accessed: 29 July 2014.


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A.D. M.D.L.XIX.

The Generall Assemblie of the Kirk, conveinit in Edinburgh and Nether Counsell house, the 5 day of July 1569: In the quhilk were present the Superintendents, Ministers, Barrons, and Commissioners of the Townes and Kirks.

For eschewing of consusion, quhilk might chance in reasoning amang the brethren presentlie conveinit, with ane voyce was chosen for Moderator, William Christesone minister of Dundie, for this conventioun; quho being chosen, acceptit the office on him.

[Read and allowed the decreet and sentence given be the Lord Regents Grace, his Counsell, and the Superintendent of Angus and Mernes, against the Principall and uther Members of Old Aberdein; the tenour quher of follweth.

We, John Areskine, Superintendent of Angus and Mernes, and Commissioner within the bounds of the Shiredome of Aberdein and Banf, and the Minister and Commissioners within the said bounds, being assembled in the High Kirk of New Aberdein, willing to reform abuses within the said bounds, and in speciall, in the Colledge of Old Aberdein, we directed summons against Mr Alexander Andersone, principall, Mr Andrew Galloway, sub principall, Mr Andrew Andersone, Thomas Owsten, and Duncan Norie, regents of the said Colledge, to compear before us, that trial may be taken if they were sound in religioun; quhich being found, they were to be suffered to continue in their offices; otherwise, if they were sound corrupt with Popery and errors, not agreeable to the truth, as it is prosessed faithfully within the Kirk of Scotland, to be deposed, and inhibited to teach and instruct the youth, privately or publickly, in that colledge, or any uther school or colledge within the realme; that uthers well qualified may be placed in their room, able to bring up the youth in the true faith, right worship of God, and good letters. In this mean time, my Lord Regents Grace called before his Grace and Counsell the foresaid persons, being delated to his Grace as very obstinate Papists, enemies to the truth; and required them, as professors of Christs religion, to subscrtive the articles following: We, whose names are under-written, doe ratify and approve, from our very hearts, the Confession of Faith, together with all uther acts concerning our religion, given forth in the Parliaments holden at Edinburgh, the 24 day of August 1560, and the 15 day of December 1567; and join ourselves as member of the true kirk of Christ, whose visible face is descrived in the saids acts; and shall in time comming be participant of the sacraments, now most faithfully and publickly ministered in the said kirk; and submitt us to the jurisdiction and discipline thereof. This was done the penult day of June, and not finding in them obedience, referred them to the last of June: the quhilk day they compeared before his Grace and the Counsell; but most obstinately contemning his Graces most godly admonitions, resused to subscrive the saids articles: Wherefore, my Lord Regents Grace and Lords of Privie Counsell, with deliberation, pronounced the decreet and sentence quhich followeth: Apud Aberdein, ultimo Junii 1569. The quhich day Mr. Alexander Andersone, principall, Mr Alexander Galloway, sub principall, Mr Andrew Andersone, Mr Thomas Owsten, Mr Duncan Norie, regents of the Colledge of Aberdein, being called in prefence of my Lorde Regents Grace and Lords of Privie Counsell, being desired, be their subscriptions, to give attestation and plain profession of the faith, with all uther acts made concerning Chriftian religion, in the Parliaments holden at Edinburugh the 24 day of August 1560, and the 15 day of December in the year of God 1567; the saids persons refused to give their said profession be their hand writtes: In respect quherof, the said Lord Regents Grace, with advice of the said Lords, have found the saids persons dangerous, and unmeet to have the cure of the instruction of the youth, for the perril of inconveniences both to body and soul: Wherefore, and in respect of the act of Parliament, Proporting that none be permitted, nor admitted, to have charge or cure in schools and universities, nor instruct the youth, privately nor publickly, but such as shall be tryed be the superintendents and visitors of the kirks; As for the saids persons denieng to join to the true kirk of God, according to the said Confession of Faith, my Lord Regents Grace, with advice of the said Lords, declareth and decerneth, that the saids persons are, and shall be deprived, and presently are deprived, inso facto, of all instruction of the youth within this realme, and of all honours, dignities, functions, preeminence, faculties, and priviledge within the said colledge; and ordaineth letters to be direct, charging them to remove, desist and cease therefra; to the effect that under qualified persons, of found doctrine and sufficient literature, may be placed therein for instruction of the youth in times coming. The foresaid decreet my Lord Regents Grace intimated to us, with the process used against the saids persons, the quhich we did most heartely allow, and gave to God thanks therefore; and because the errors and obstinacy of the foresaids persons were sufficiently declared unto us, be their refusal to subscrive the godly articles foresaids, as the act of Counsell testisieth, we thought it not experdient to proceed farther in triall of them: And therefore in presence of Mr. Alexander Andersone, principall, and Mr. Andrew Andersone, regent, who only compeared, we pronounced the sentence against them, conform to the decreet of the Counsell, as followeth. — I John Areskine, Superintentdent of Augus and Mernes, having commission of the Kirk to visite the Shiressdeome of Aberdein and Bamf, be the advice of Counsell, and consent of the Ministers, Elders, and Commissioners of Kirks present, decern, conclude, and for final sentence pronounce, that Mr. Alexander Andersone, sometime principall, Mr. Alexander Galloway, sometime sub principall, Mr. Andrew Andersone, Thomas Owsten, and Duncan Norie, sometime regents in the Colledge of Old Aberdein, are not to be reputed as members of this kirk; and therefore exclude them, and every one of them, from using any office or jurisdiction in the Colledge of Old Aberdein; and inhibite them, and every one of them, to teach publickly or privately, in time coming, in that colledge, or any uther part within this realme; and ordain them to remove forth of the same colledge with all diligence, that uther godly and well qualified persons may be placed therein, for upbringing of the youth in the fear of God and good letters. This our sentence pronounced, we ordain to the published and intimated to the saids persons, and to the con gregation of New and Old Aberdein, publickly the nixt Sunday, the 3 of July nixt 1569.

In the triall of the superintendents, the Superintendent of Lothian and Fife was delated for slackness in visitation, and reparation of the fabricks of kirks.

Mr John Kerswell, Superintendent of Argile, was reproved for accepting the Bishoprick of the Isles, without making the Assembly forseen; and for riding at, and assisting of the Parliament holden by the Queen, after the murder of the King. C.]

Sess. 2a 6 July 1569.

Anent the defence givin in the Assemblie haldin in December 1567, be Mr Johne Craig, ane of the ministers of Edinburgh, touching the proclaiming of the Queine and the Erle of Bothwall; the said defence beeing publickly and prefentlie red, the haill points therein conteinit be the haill Assemblie maturelie considerit; it was found be the haill brethren, that he had done the duetie of one faithfull minister, and had committit nothing slanderous to sick as hes righteous judgement, in respect of the defence forsaid, quhilk was found both godlie and sufficient for declaratioun of his innocencie thereanent; quhilk the haill Assemblie declarit and testifiet, and ordainit the samen to be notified to all and sundrie.

[Some adulterous and incestuous persons excommunicated for their offences, compeared, partly to relieve their sureties, partly to know quhat the Assembly would injoin them. The Assembly ordained every one of them to repair to their superintendents, or to the ministers, elders and deacons of their own kirks respective, and to receive injunctions from them how they shall behave themselves till the nixt Assembly; and that then they bring a testimoniall from their ministers of their behaviour to the Assembly, and that they present themselves to the nixt Assembly, bare headed and bare footed, in linnen cloaths, humbly requesting the Assembly. for farther injunctions for their offenses, and restitution to the bosome of the Kirk. C.]

Sess. 3a 7 July 1569.

Anent the punishment of adulterers, murtherers, and uthers criminall and capital crymes quhilk deserves death: Whither the supreame magistrate aught first to declare his myned of his satissactioun and admissioun; or if the Kirk sall receive them to repentance before the declaratioun of the said magistrates will.

Anent persons guiltie of capitall crymes, found be superintendents, minister, elders or deacons of reformed Kirks, to compeir to this Assemblie, or any uther Assemblie heiraster, and the saids persons found not compeirand; the Kirk ordaines the saids superintendents or ministers of proceid to excommunicatioun against them; and to notifie to the supreame magistrate so many as for their offences are already excommunicate, that farther punishment may be execute.

[Commission was given to the Superintendents of Angus, Fife, Lothinan, Argile, Mr Knox, Mr David Lindsay, Robert Fairly of Braid, William Douglass of Whittingham, the Lairds of Keir, Lundie, Mr Robert Hammilton, minister at Sanct Andrews, Thomas Wallace, commissioner from Sanct Andrews, Mr John Row, minister of Saint Johnstoun, Patrick Murray, commissioner of Saint Johnstoun, the Laird of Barganie, Mr Andrew Hay, minister of Ransrew, Mr, David Weems, minister of Glasgow, Mr William Christeson, Mr Gilbert Gardin, James Baron, burges of Edinburugh, David Ramsay, burgess of Dundie, to present to the Regent and to the nobility at Sanct Johnston, the 25 of this instant July, the articles following, with their answers. C.]

Certaine of the Articles presented to my Lord Regent.

[In primis, touching the heads quhich my Lord Regents Grace sent to the Assembly with Mr. John Wood; the Assembly hath given their full power to their commissioners sent presently to his Grace, to resolve fully thereupon, conform to the answers given to the said Mr John Wood.

Item, the Assembly desireth the act made in this Generall Assembly, concerning the assignation of the ministers stipends, be ratified and approved with letters thereupon, as is contained in the same.

Item, that the manses and gleebs may be given to the ministers for their residence at their kirks; and that the law hereupon may be made clear, that it may have execution; and, in like manner, concerning the reparation of kirks.

Item, that all that have benefices be compelled to pay their thrids, so that payment be made of the years bygone, as well as to come. C.]

That ordour may be takin for sustentatioun of the poore, and that ane portioun of the teinds be appointit for that effect; and in lyke manner, that the pure labourers of the ground may have intromissioun to lead their awin teinds, upon reasonable compositioun.

[Item, that some auditors of the Exchaqure be appointed to conveen with the auditors of the kirk, to hear the collectors of the kirk their compt.

Item that immunitie may be granted to the commissioners of the Kirk sent to Generall Assemblies, that during the time of the Generall Assemblies they be not molested in civil actions.

Item, that superintendents may be planted through the whole realme, as are already in some parts.

Item, that commissioners may be appointed throughout the whole realme, to cognosce in causes of divorcements.

Item, that such as have benefices, and doe nothing but pay their thrids, be compelled to bear some further burthen with the Kirk, and chiefly for support of the poor. C.]

Item, that sick as hes plurality of benefices, may be compellit to denunce all save one.

That remedie may be provydit for chapping and changing of benefices, and selling of the same, diminishing of the rentall, of setting of lang takis in defraude of the kirk; and that all taks sett sen the assumptioun of the thrids, may be dissannullit, with expresse inhibitioun against the same in tyme coming.

[Item, that order may be taken, that such odious crimes as this day procure Gods heavie displeasure against the whole land, may be punished as God commandeth. C.]

Item, that the jurisdictioune of the Kirk may be separate sra that quhilk is civill.

[Item, that the question anent adulterers may be once decided, as well concerning the punishment of the adulterers, as quhither the adulterer shall be admitted to the benefite of marriage again or not. C.]

Answers given by my Lord Regents Grace, with advice of the Lords of Secret Counsell, and others of the Nobility, assembled in the Convention at Perth, the penult day of July.

Anent the act made in the Generall Assembly, concerning the assignation of ministers stipends, my Lord Regents Graced, with advice of the Lords of Secret Counsell, and others of the Nobility and Estates, assembled at this present Convention, ordains the assignation to be put in form, and thereafter to be presented to the Exchaqure, to be seen and considered be the Lords auditors thereof; to the effect, that the order being found good and reasonable be them, and such of the kirk as shall happen to be present with them, provisions may thereafter be made, and expede thereupon, according to the meaning of the said act; providing that commissioners or procurators of the Kirk, at the said Exchaqure, present the names of the whole kirks in Scotland, and how many ministers are presently thereat; to the end it may be known quhat kirks are presently provided, and quhat desolate and destitute of the ministry; and also shew a perfect order how they would the ministers should be paid, be the thrides or otherwise; or have all the writts in readiness, quhich may clear doubts, and further resolution.

Anent the article desireing that the manses and gleebs may be given to the ministers for their residence at kirks, and that the law thereupon may be made clear, that it may take execution, and likewise concerning the reparation of kirks, my Lord Regents Grace, with advice foresaid, prothat he shall cause four, three, or two godly, discreet, and wise men, within the bounds of every superintendents charge, pass with the superintendent or commissioner withing the countrey or province, and visite the manses and gleebs of all kirks within the same; to the effect they may report to my Lord Regents Grace, and Lords foresaid, quhat is the particular quantity of every manse and gleeb, be quhom the same is presently occupied and inhabited, and be quhat right and title; as also how much they think sussicient for the lodging and commodity of every minister and reader; and, if they may, to appoint the minister or reader with the possessor of the manse and gleeb; and as they doe, to report; upon whose report his Grace shall hold hand to see the kirk and ministers presently put in possession of so meikle of the said manses and gleebs as shall be thought necessar, be the said superintendents and visiters, for the lodging and commodity of the minister or reader, as said is, where there is no title to impede the same; and in case the same title, by law, be reduceable, or may be declared null, his Grace shall hold hand to see justice ministred thereupon with expedition: and where the matter standeth in terms, that the present possessors cannot be removed be order of law, without ane explanation of the act of Parliament, his Grace shall travell to have the same act explained and made clear at the nixt Parliament; to the effect it may take execution in all times hereafter: and toward the reparation of the kirks, his Grace understandeth that there are acts of the Secret Counsell sufficient in that behalf already, if the same shall be put in execution.

Anent the article desireing superintendents may be planted throughout the whole realme, my Lord Regents Grace is content that so be done, the persons being godly and learned.

Anent the article desireing that commissioners may be planted throughout the whole realme, to cognosce in cause of divorcements, my Lord Regents Grace promiseth to take sufficient order in that behalf, be ane of the Lords of Session, at the nixt sitting down thereof.

Anent the article desireing that remedy may be provided against chopping and changing of benefices, and selling of the same, diminishing of the rentals, setting of long tacks in defraud of the Kirk, and that all tacks sett since the assumption of the thrids may be disannualled, with express inhibition against the same in time coming, my Lord Regents Grace ordaineth the said article to be well dilated and extended, and presented to the nixt Parliament, quhere the same shall have a good answer and resolution, quhich presently cannot be done, through desault of a speciall and express law against such abuses.

Anent the article desireing that the jurisdiction of the Kirk be separate from that quhich is civill, C.] my Lord Regents Grace ordaines the persons nominate in the act of Parliament to conveine the tyme of the Checker, and defyne and limitat the said jurisdictioun, according to the word of God, and the said act of Parliament. Extractum ex libris actorum Secreti Consilii,
ALCXANDER HAY.

[The Earle of Argile, by letter, required the Assembly to cause his wise adhere to him: The Assembly ordained the Superintendent of Fife to admonish her, and report her answer to the commissioners appointed to be at the Convention at Sanct Johnston. C.]

The tenour of the Act made for Assignatioun of Stipends.

Forsameikle as this long tyme bygane the ministers has being universallie defraudit and postpoint of their stipends; and now at last it hath pleased 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 Chrysts religioun, be plaine and publick parliament, as at mair length is conteinit in the said parliament haldin at Edinburgh in the moneth of December 1567; in respect whereof, the Kirk presentlie conveinit finds it most neidfull and expedient, that all superintendents, ministers, exhorters, and reidars, fall have their awin particular assignatiouns appointed to them, to receive the same fra the hands of the labourers, taksmen, or uthers addebtit in payment of the faids thrids: And therefor the Kirk in and voyce, be this act, gives their full power and commissioun to every superintendent and commissioner of kirks withing their awin bounds, that they and every ane of them, be advyse and confent of the commissioners of provinces appointit in the synodall conventiouns, give and make particular assignatiouns to every minister, exhorter and reidar within their awin bounds, as they sall find the same most expedient, under the superintendents subscriptioun and ministers forsaids, with all clauses neidfull and expedient thereto; quhilk fall be als sufficient as is the same were sped be the Generall Assemblie of the Kirk: And as concerning the superintendents and commissioners of kirks, their provision and assignatiouns to be made be the Generall Assemblie of the Kirk, and to the effect this act may take full perfectioun, the Assemblie present requyres most humblie my Lord Regents Grace and Secreit Counsell to interpone their authoritie heirto; that the assignatiouns forsaids, generall and particular, as they sall be presentit to his Grace, may be sped in forme of provisioun ad vitam, under the privie feale, with ordinance thereupon, that lettres may be direct at every mans instance under all the soure formes, as is grantit to the possessours of the twa pairt; and als to the same end, that his Grace and his Counsell forsaid would discerne the thrids of the benefices forsaids within this realme, to be separatit and devydit reallie, and with effect, fra the 2 pairt; so that the Kirk may intromett with the third part, as the old possessours does with the two part; the superplus alwayes to be comptabill to the commoun affairs, according to the act of Parliament.

[And for accomplishement thereof, the Assembly giveth commission to the forsaid brethren appointed to goe to the convention at Sanct Johnston with the articles before registered, that, among the rest, they may obtain the confirmation of this act.

Mr Alexander Gordon, some time commissioner of Galloway, was ordained to come to the nixt Assembly, and in the mean time inhabited to exerce any function in the kirk, conform to the act made against him in the Generall Assembly holden in July 1568, in quhich he was discharged to exerce the office of a commissioner in that country, of take up the thirds quhich he had for that office, in case he compeared not before the last Session of the said Assembly.

Sess. 4a.

Mr Andrew Hay, commissioner of Cliddisdaill, and Mr Robert Pont, commissioner of Murrey, desired to be disburthened of their commissions, quherein they had travelled diverse years bygone.

David Hume, minister at Aldhamstocks, protested, that if it happened that Mr Thomas Hepburne were received to publick repentance for his offense committed, &c. the same should no wise be prejudiciall to the gift he had from the supreame magistrat of Aldhamstocks, through forefalture of Mr Thomas; quhich protestation was admitted. C.]

Sess. 5a. 9 July 1569.

[Mr John Wood presented the Regents letter, and according to the credit given him, proponed certain heads to the Assembly, quhereunto answers were given. C.]

My Lord Regents Lettre to the Assemblie.

After our most heartlie commendatiouns, seing we are not able to the present at the Assemblie now approacheand, as our intentioun was, we thoght it convenient breiflie to give ȝou significatioun of our meaning in wryte; of the quhilk we pray ȝou take good consideration, and accordinglie to give your advertisement. Ʒe are not ignorant, as we suppose, quhat hes being the estate of the kirk of God within this realme, both befor we accepted the burdein of regment and senfyne; how first the thrids of benefices were grantit, and the ministrie therby partly releivit, and sustainit in sick fort, that nothing inlaikit that our travells could procure. The first ordour, indeid, was diverse wayes interrupted and brokin, bot chieflie in that ȝeir when we were exylit in Ingland, quherthrow the haill ministers that yeir were strustrate of their living. Shortlie the estate of governiement altering at Gods pleasure, and the King, our soveraine Lord, being inaugurate with the crowne of this kingdome, the first thing that we were carefull of, was that the true religioun might be established, and the ministers of the evangell made certaine of their livings and sustentatioun in tyme comeing. Ʒe know at the Parliament we were most willing that the kirk sould have been put in full possessioun of the proper patrimonie; and toward the thrids, we exped in our travell, and inlaikit only a consent to the dissolution of the prelacies; quherunto although we were earnestly bent, ȝet the estates delayit, and wold not aggrie therunto. And sen that tyme to this houre, we trust ȝe will affirme, that we have pretermittit nothing that may advance the religioun, and put the professours thereof in furetie; quheranent the haill and only inlake hes being in the civill troubles that God hes sufferit the countrey to be plaguit with. Now the matter being, after so great rage, brocht to some stay and quyetnes, it was convenitent that we returne wher matters left, and prease to reduce them to the estate they stood in. Ane thing we man call to remembrance, that in sick tyme as we travellit in the parliament, to cause the estates to grie that the thrids sould be discernit to pertaine to the ministrie, they plainly opponit them to us, in respect of the first act, alledgand, that with the sustentatioun of the ministrie, ther was also regard to be had to the support of the prince in sustaining of the publick charges; quhilks if they had not some releife be that meanes, the revenew of the Crowne being sa dimi nishit, and the ordinar charges come to sich greatnes, on force they wald be burdenit with exactiouns; and so this dangerous argument compellit us to promitt to the estates, that we wald take upon us, the act being grantit to the Kirk, they sould satisfie and aggrie to any thing sould be thought reasonable for supporting of the publick charges of the Prince; and according to this, the commissioner deput for the affaires of the Kirk, aggriet to certaine assignatiouns of the thrids, for supporting of the King, and us bearing authoritie: Quhilk ordour had bein sufficient for the haill, if the civill trouble had not occurrit; ȝet the dissobedience growand so universallie, we are content to sustaine our part of the inlake and loss for the tyme bypast. But because ther hes bein murmure and grudge for that thing assignit to the Kings house, and ours, and some uther neidfull things in the state, as that therby the ministrie were frustrate of their appointed stipendis; some communicatioun was had at St Androes, and nothing yet concludit quhill the Generall Assemblie of the Kirk, quhilk now moves us to wryte to you in this forme; prayand you rightly to consider the necessitie of the cause, and how the same hes proceidit fra the beginning; haveing respect that the Kirk will be verie evill obeyit without the Kings authoritie and power; and that now the propertie of the crowne is not able to sustaine the ordinarie charges; how in the beginning the thrids had not being grantit, if the necessitie of the Prince had not bein and of the cheife causes; and at the parliament, the estates, as we befor have wrytin, stack to consent that the haill thrids sould be declarit to pertaine to the ministrie, quhill first we tooke in hand that they being made without condition in favours of the Kirk, the fame wald againe condiscend to sa meikle as wald be sufficient to the support of the publick affaires, in foorth setting of the Kings authoritie; and that therfor ȝe will now aggrie, and condiscend to and certqaine and speciall assijgnation of it, that sall be imployit to this use, the quantitie wherof diverse of ȝour selves, and the beirar Mr Johne Wood our fervand, can informe you, that after ye may distribute to every man having charge in the Kirk of God his stipend, according to the condition of the place he serves in, at your wisdoms discretioun. Heirby all confusioun, that land hes troublit the estate of the Kirk toward the stipends sall be avoydit, and some speciall provision being made for sustaining of the publick charges, we may the better hald hand to sie the Kirk obeyit of that wheron the ministers sould live, as we [have bein willing hertofor, and as we believe your collectors] sall report, that during our travells in the north countrey, they have found our effectuous good will and travell in their furtherance. Farther we man put you in mynd breislie of ane matter, that occurrit at our late being in Elgyn. Ane Nicoll Sudderland in Forres, was put to the knowledge of ane assyse for incest, and with him the woman. The assyse hes convict him of the fault. But the question is, whither the same be incest or not; sa that we behoovit to delay the executioun, quhill we behoovit to have your resolution at this Assemblie. The case is, that the woman was harlot of before to the said Nicolls mother brother. Mr Robert Pont can informe you more amplie, to whose sufficience we remitt the rest.

Moreover, at our coming at Aberdeen, ther came ane nameit Porterfeild, minister, provydit of before to the vicarage of Ardrossand, and requyrit also of us, that he might have the viccarage of Stevinsone, seing both was and matter meane enough to sustaine him, and because the kirks were neir, he might discharge the cure of both, we having him commendit be diverse great men to the same; bot thought good to advertise ȝou, that this preparative induce not evill example and corruptioun; alwayes in cace sick things occurre heirafter, let us understand what ȝe wald have us to doe. As in lyke manner towards the chaplenries that sall happin to vaike, wheranent because ther is no certaine ordour prescryvit, some confusion stands; some desyreand them for lyfetyme, some for infants that are of the schooles, and some for vii yeirs, we are sometyme preasit to receive or confirme assignatiouns, or demissioun of benefices, the preparative wherof appeirs to bring with it corruptioun; and so we would be resolvit how to proceid befor our coming fra Fyte. And sensyne we have bein verie willing to doe justice on all persons suspectit of witchcraft, as also upon adulterers, incestuous persons, and abusers of the sacrament, wherin we could not have sick expeditioun, as we would have wischit, because we had no uther probabilitie, wherby to try and convict them, bot and generall delation of names; the persons suspect not being for the most part tryit, and convict be ordour of the Kirk of befoir; this hindrit many things, quhilk utherwayes might have bein done; and therfor we pray you appoint and prescryve, how the judgement of the Kirk may proceid and be execute against all sick trespassors, before complaint be made to us; that when we come to the countrey, we may cause execute the law, and be releivit of the tryall of inquisition heiranent. We thoght expedient to give you this to advertisement; and so remitts the haill to your care and diligence: committs ȝou in the protection of the eternal God. Aberdeene the last day of Junij 1569. Your assurit friend,
James Regent.

[Farther ye shall credit the bearer towards the business of my Lord Huntly and the Abbot of Deir.]

[Thir are the heads proponed be Mr John Wood, in my Lord Regents Graces name, to the Kirk conveined the 5 day of July, at Edinburgh 1569, with the resolutions and answers thereto.

Articles and their Ansuers.

In primis, That a sufficient sume be taken of the whole thrids of benefices and rents now in your hand, be the last act of Parliament, and par ticular presentations since that time, and granted for certain years to my Lord Regent now present for support of the publick charges; and that the same may be assigned in place and room commodious.

It is answered be the Kirk, that upon just consideration of my Lord Regents Graces necessity in the publick charges he presently beareth, they have consented, and consenteth, that the whole soumes of [victual] and money craved and desired by his Grace, in the last Convention of some of the Lords for that effect in Sanct Andrews, in the moneth of May last was, be granted and allowed, and readily answered be the Collectors, when the same shall be appointed and assigned; and for the more commodious afsignation thereof, ordains ane ample and sufficient commission to be made to the Commissioners that shall pass, from this prefent Assembly to the Convention to be holden at Perth, the 25 day of this inftant, givand grantand full power to the saids Commissioners, or most part of them, to assigne the foresaids sumes of victuall and money upon such benesices and thrids as shall be most commodious for the Kirk, and the Regents behove, with consent of his Grace; and the same assignation to stand any and whill the Kirk shall take further order herewith: Providing alwise my Lord Regent shall not pass, nor folicite the Kirk to dispone, any farther of their rents, nor confirm any other pension granted furth of the saids benefices, or thrids quhatsomever, farther then law will compell the Kirk to doe. C.]

To the questioun, Whither the cryme before specified, committed be Nicoll Sudderland, be incest or not. Ansuerit: The Kirk finds it incest, and so has resolvit.

[Item, and speciall answer anent the interprectation of double benesices be Mr John Porterfield, minister at Dumbartan. Answered and concluded: That no such gifts shall be in tyme coming; and that which is given is dissolved already. C.]

Item, anent the chaplenries that sall happin to vaik. Anfuerit: The Kirk aggries, that they be disponit to the colledges, or to the pure, conforme to the act of Parliament, and no utherwayes.

[Item, ane order to be taine anent the demission or resignation of benefices. Answered: The Kirk understands that all resignations and demission of benefices must be made in the hands of the Kirk; the patronages alwife reserved to the lawful patrons.

Item, to know what actions ye receive, to be inquired of be the ministry; and that the delations be so amply taine as ane dittay may be sufficiently formed, that the civil sword may follow. Answered: It is referred to the convention at Sanct Johnston.

Item, andent the desires for my Lord Huntly and Deir. Answer: Because of my Lord Regents Graces request, the Kirk would gladly doe that thing quhich lay in their power; but be reason of the rigorous handling of my Lord Huntly, in the great necessity of the Kirk in these parts, and of the great poverty quhich the poor brether sustaineth in these bounds, the Kirk can in no wise remitt the thing that pertains to the poor ministers: And likewife of my Lord of Deir, who debursed his money to the enemies of God, to persecute his servants and banish them out of the realme.

Item, what they will doe anent my Lord Regents supplication in favours of George Robsone of Dundie. Answered: The Kirk aggreeth hereuntok, in respect of many circumstances; providing likewife this be not a preparative to any others.

Item, a declaration, how my Lord Regents answers please them, anent the precept granted to Mr James Harvie. Answered: The discharge of the writting, given to the said Mr James and his complices, pleaseth the Kirk very well, and thanketh his Grace thereof.

The Assembly appointed the Superintendent of Lothian, Mr Knox, Mr John Craig, and Mr David Lindsay, to revise the acts of the Generall Assemblies, and note the acts quhich concern the common affairs of superintendents and ministers, and cause the samen to be printed; and also the form of excommunication, with the inauguration of the superintendents and ministers.

It was ordained, that such as come to the Assembly, repaire in due time, before the beginning of the same; otherwise to proceed against them. C.]