The Booke of the Universall Kirk of Scotland: Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained.
History
The Booke of the Universall Kirk of Scotland: Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained.
Church of Scotland -- History -- Sources
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. 2^{a.} 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.
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