Sufism and the Imams of the Salafi Movement

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Sufism and the Imams of the Salafi Movement Shaykh
Abdul Hafiz Al-Makki Digital Instant Download
Author(s): Shaykh Abdul Hafiz al-Makki, ISMAEEL NAKHUDA
ISBN(s): 9781733811033, 1733811036
File Details: PDF, 56.68 MB
Year: 2022
Language: english
 Sufism and the lmatns
of the Salafi Movetnent
 UFISM
AND THE IMAMS OF THE

SALAFI MOVEMENT

An English Translation of:

Mawqif A>imma al-lf araka al-S-alafiyya

min al-Taiawwuf wa'l-$ufiyya

.
BY SHAYKH (ABDUL HAFIZ . AL-MAKKI
TRANSLATED BY ISMAEEL NAKHUDA
 Copyright:© Nur Publications 1443/2021

ISBN: 978-1-7338110-3-3 (hardback)

Nur Publications
P.O. Box 97
Union City, CA
United States of America

www.nurpublications.org

First edition: September 2021

.Design, Editing & Cover by: Nur Publications

. Questions
If you have any questions regarding the subject matter contained
in any of our books, please email us at [email protected]
and
insha-Allaha member of our staff willreach out to you.

Corrections
No one is perfect, but Allah. If you find any mistakes in our
books please email us at [email protected].

Printed by Mega Printing in Turkey

 For

Shaykh 'Abdul Jjafii al-MakkL

f5 HajL Mohammed., NakhudtL
-two rocksin my life who·le.ftin quick succession.
May they both be envelopedin the
• Almighty's divine mercy.
Amin.
 TRANSLITERATION AND HONORIFIC GUIDE •
The transliterationused in our booksis to facilitatethe pronunciationof Arabicwords
using Romanscript for the easeand convenienceof our readers.However,thisisnot
meant to be a substitutefor learningto properlyread and pronounceArabicscript.
Every Muslim should take it upon themselvesto learn the rules of tajwid(proper
Qyr'anic recitation)from a qualifiedteacher.

a'
' t. "Glorified and

y b t gh Exalted

t f I} "Peace and
blessing of
th J q
Allah be upon
j k
him"
~ J I
$,$ "Peace be upon
kh r m him/them"
d n
.,. "Allah be
dh J w pleased with

J r h him/her"

j z y .,4 ''.Allahbe
I.)" s a pleased with
them''
,..; sh
u "Allah have
'-'° mercy upon
~ <J a
him"
J,

j; ii

According to the convention used in our books:

-The Majestic Name, "Allah,"does not take a diacritic.
-The ta marbuiah(;) that occurs at the end of some Arabic word~ is generally trans-
literated into English with an "h" at the end of the word, except when it comes in
the names of people in which case it is dropped off.
-Arabic words transliterated into English are italicized except words that
have been adopted into the English dictionary, commonly used words, and
proper nouns.
 CONTENTS

Publisher's Note ......................................................................................................................

1
.7
Translator's lntroduction ........................................................................................................
Author's Biography ....................................................
:......................................................................
17
lntroduction .............................................................................................................................
23

Imam Shaykh Mu}:iammadibn 'Abdul Wahhab

al-Najru al-l:fanbalI.............
.'................................
:.......................................................................
33

Imam J:Iafii Abu '.Abdullahibn Abu Bakr

ibn al-~yyim al-Jawziyyaal-Dimashqi al-l:fanbali.............................
..41

. . Shams al-:-DinMuhammad
Imam Hafiz . ibn Ahmad .
ibn 'Uthman al-Dhahabi al-Shafi'I........................................................................
..133

Imam J:Iafii Abu al-Fida' 'Imad al-Din Isma'tl

ibn Kathir al-DimashqI al-Shafi'I...........................................................................
..157

Imam J:Iafii Abu al-Faraj 'Abdur Ra}:imanibn Shihab

ibn Rajah al-J:Ianbali...............................................................................................
179

Shaykh al-Islam A}:imadibn 'Abdul J:Ialim

ibn Taymiyyah al-J:IarranIal-Dimashqi al-J:Ianbali.............................
247

Imam Ahl al-Sunnah A}:imadibn J:Ianbalal-Shaybani.......................

351
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After all defences made be the said Mr Andrew, the haill Kirk finds
him to have broken the act, That no ministers shall marry the
parochiners of ane uther parochine without ane sufficient
testimoniall, and so guiltie of the paines contanit therein; not the
less the Commissioners and ministers of the towne of Edinburgh
made supplication to the haill Assembly that the rigour of the act
should not strike upon him, but that some satisfaction should be
made to the kirk of Edinburgh at the discretioune of the haill kirk:
Whilk supplication the haill brethren acceptit, and ordained that the
said Mr Andrew shall compeir before the Sessione of the kirk of
Edinburgh on Thursday next to come, and there confess his awne
offence, desyreing pardone thereof, with promise of never to offend
in sic sort heirafter, under the paines containt in the said act, to be
execute to the rigor thereof.

Sess. 4a. Marche 7, 1568 [9.]

Tenor of the Letter sent be the Duke of Chatlherault his Grace, to the
Generall Assembly.

Grace, mercy, and peace, from God the Father, through Jesus Christ,
we wische to you.

Brethren, We thocht it expedient to certifie yow that being in

France, and hearing the great troubles in this our native countrey, of
conscience and dewtie was compellit to come home, desyreous to
helpe to pacifie the same at our utter power: First to the glory of
God Almightie, and next to the relief of the right sair and lamentable
oppressed trew subjects, quhais innocent blood and innumerable
heirschips, oppressiones, wrongs and slewths that hes been
committit, and daily is upon them, is to us so grievous and
intollerable a burden both in conscience and honor, that we refuse
not only this our native realme, but also the hale warld or it were not
reformit; and albeit in my absence I have sustained wrong, I assure
my owne particular naither in blood, lands, nor gear, is so heavie to
me as the great danger this haill kingdome stands intill, giue be the
grace of Almighty God, and help of the old and natiue Scotts blood,
it be not foreseen and relieved in tyme. Heiring of your Conventione,
brethren, at this tyme, I have send this bearer to you to declare this
to be our full and determinit minde to follow be the grace of God;
First, That the word of God may have free passage through this haill
realme, and that the sacraments may be ministrat according to the
institutione of Christ Jesus his Sone our Saviour: Next, That every
true subject of this realme may live without feare upon that whilk is
justly his owne, according to God’s calling and commandement. In
this cause of this present diversitie of our native Soveraigne and ane
pairt of her subjects, ffor the qwhilk we are very heartilie sorrie, and
as Almightie God knawes innocent of foirknawledge of any thing, so
we would wische all uthers to be the lyke. Our desyre is, that all
hostilitie and troubles might be pacified according to the command
of God, and that the haill Estates in quiet and peaceable manner
may continew, and first calling for his grace and Holy Spirite of
righteous judgement, might consider the ground and beginning of
this altogidder evill deid, I meane the slaughter of the Queen’s late
husband, what hes proceedet thereupon sinsyne, and what God
wald of reasone sould be done therefore; and this to be devysed
either be the haill estates or 25 of the wysist of the nobilitie chosen
be the haill, and to be followit be the whole people of the realme,
whereunto we of the nobilitie and all that continews under our
obedience to the Queen our Soveraigne, sall for God’s and for the
commone weall be found agreeable. I avoyde the wrougous
judgement may be spoken that we wreit this to yow because of
proclamations that the Earle of Murray hes made in diverse shyres of
this realme, to have the people in Glasgow the 10. of March: We
would ye should consider we doe it not for that cause: ffor first as ye
knaw sen before thir troubles begane we have never been in this
countrie before the 25. of this instant Februarii, wherethrough we
might haue shawen our minde herein, and all the people of Scotland
war gathered together, both for nativeness of blood and for good
deserving of my forbears and my selffe, thairs the strenth of the
world quhilk I could wishe myself and find me maist sure; and giue
the said Earle of Morray wold take upon him to invade me or any of
my friends or dependars, or any trew man of this realme, (as I
cannot think he will,) then trust I, that the nobilitie or people will not
assist him thereto, whill first they finde ane cause worthy, and be
declared be the antient lawes of the realme: And though we desyre
thir conventions and forces of men of war to be turnit upon the
thiefes and oppressors of the realme; whereunto we shall be most
ready with our bodies and gear to doe the devoure of noble and
trew men; yet, giue he will persevere to persew us, we doubt not in
God and the justice of our cause, to finde all the noble and trew
men so favourable to us, that it shall not be in his power to doe us
wrong upon particular malice, altogether without deserving.
Therefore, we require you in God’s behalfe to make some of our
affaires and mynde patent unto the people, and giue ye finde not on
our pairt socht here, and offerit that our Christiane professione
dewlie requireth, that ye come and reasone the same with us, where
ye shall finde us reasonable in all causes according to God’s word
and equitie, on qwhaies divyne protectione we committ you. Off
Hamiltoune, the 27th of February.
Your Christiane Brother,
James Hamiltoune.
After reading of the said letter, the brethren being advysit
thereupon answerit to the bearer of the letter, That the Kirk would
send some of the brethren to my Lord Regent’s Grace to knaw his
pleasure, whidder they should wreit or send ane certaine of the Kirk
with Commissione frae the same to my Lord Duke’s Grace, schawing
and declareing the opinione of the Kirk touching his Grace’s letter. As
for that same, the haill Kirk gaue Commissione to the brethren, Mrs.
John Spottiswood, John Wynrhame, and John Row, to passe to my
Lord Regent’s Grace, and knaw his pleasure touching the said letter,
and thereafter to passe according to his Grace command, to my Lord
Duke’s Grace, and conferr with him and uthers of the nobilitie whom
they find present, and be all means possible to reconcile the nobilitie
forsaid to the obedience of the King’s Majestie and his Regent; and
farder to doe as the said Commission proports.

Sess. 5a. March 8, 1568(9).

 It was concludeit be the haill brethren assemblit, that an generall
fasting be proclaimit throughout all Scotland, and to begin in
Lawthiane, Fyfe, and sic uther places as may receiue advertisement,
the 13th day of this instant. Thereafter, the Superintendants and
Commissioners of provinces to advertise and begine at sic tymes as
they think expedient, and to continow from the first day to that day
aucht dayes inclusive; and in the meane tyme to use the exercise
accustomed in the Kirk of the first institutione, and als to use
sobrietie in eating and drinking in tyme of the exercise.
Moreover, concludeit that all Superintendants and Commissioners
of provinces shall hereafter institute and use the same order of
fasting, so oft as just occasione shall serve and sall seem meit be
their godlie wisdome, without any farther appointment by the
Generall Assemblie.
That remedie may be provydit against the oppressione of the Earle
of Huntlie and of uthers, who hes deposit the Collectors of the Kirk,
and tyrannouslie placit their owne.
That it may please his Grace and the Secret Councill that the Kirk
from admonitione may passe to farther censures against the said
Earle and all uthers guiltie of the lyke oppression, unto publick
excommunication, in case of his and their contempt.
That the Kirk, without offence of his Majestie, may appoint their
brother Mr Robert Pont where that his labours may be more fruitfull
than they can be for this present in Morray.
That order may be taken that sic odious crymes as this day
provoks God’s displeasure against the haill land, may be punished as
God hes commanded: giue his Grace send us to the Justice Clerk,
experience hes teached us sufficientlie what he hes done in any sic
matters.
The Kirk requyres that aines the jurisdiction thereof may be
separate from that whilk is civill.
That the questione of adulterie may once take effect; at leist a
decisione in that heid—whether the adulterer shall be admittit to the
benefite of marriage or not.
 [NINETEENTH GENERAL ASSEMBLY.]
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. 2a. 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. 3a. 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. 5a. 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.
 [TWENTIETH GENERAL ASSEMBLY.]
The Generall Assembly being appointit in Strevilling, February 25, be
reason of troubles falling out be the slaughter of my Lord Regent’s
Grace, was continueit till the first of Marche, and begunne in
Edinburgh the said day, 1569(70), in the Tolbuith thereof; where was
present the Nobilitie, Superintendents, Commissioners to plant Kirks,
Ministers, and Commissioners of Kirks and Townes. The Sermone and
Prayers made be William Christisone, Minister of Dundee, last
Moderator.

Ordour to proceed in the Assemblies.

First, That he who is moderator in the last Assemblie, shall make
the prayer and exhortation in the Assembly thereafter following;
whilk endit, the Kirk proceedit to the chuseing of a new moderator,
quho shall continue make prayers and exhortations as said is, and so
furth, from Assembly to Assembly.
Secondlie, The tryall of Superintendants and Commissioners for
planting of Kirks, with the accusationes, if any beis, be
Superintendants, Commissioners, or any uthers, against ministers.
Thirdlie, The penitent committit to the Superintendants or
ministers at the last Assembly, to be receavit according to the ordour
appointed be the last Assembly, and alse to give injunctions to
uthers notorious criminall persones, that aither are fund be the
Superintendant, Commissioner of the Kirk, or of their own freewill,
moveit be hatreit of their cryme, presents themselffs in the Generall
Assembly.
Fourthlie, To decerne upon sic things as aither was undecydit at
the preceidand Assemblie and remittit to this, or else referrit
hitherto, be the Lords of Sessione, Auditor of Chekker, or any uther
wayes.
 Sessio 2a. March 2, 1569(70).
The haill brethrene convenit, in ane voyce, for eschewing
confusione in reasoning, chuse Mr John Craige, ane of the ministers
of Edinburgh, to be Moderator in this Assembly, and to make the
prayer and supplicatione in the beginning of the next Assembly,
according to the order appointit.
Anent the complaint gine in be Thomas Smith in Ochiltrie, againes
Mr John Smyth, minister in Ochiltrie, for debarring the said Thomas
from the Lord’s table, because he removeit ane shoe off ane horse
upon ane Sonday afternoone in Ochiltrie, where neither preaching
nor publick prayers was. After long reasoning, the said Thomas was
ordainit to be receavit to the participatione of the Lord’s table, and
uther benefites of the Kirk, hereafter, notwithstanding of the
alleadgit fault abovementionat.
The Kirk ordaynes sic persones as are convict of incest or
adulterie, and hes not stubbornly contemnit the admonitions of the
Kirk, nor sufferit the sentence of excommunication for their offences,
shall make publict repentance in sackcloath, at their owne kirks,
bairheaded and barefooted, three severall dayes of preaching, and
after the said third day, to be receavit in the societie of the Kirk, in
their owne cloathes. The uthers that hes been excommunicat for
their offences shall present themselves bareheaded and barefooted
sax preaching dayes, and the last, after sermone, to be receavit in
their owne cloathes, as said is.

Sessio 3a. March 3, 1569(70).

Anent homicids, incestuous persones, and adulterers not fugitive
from the lawes, but continuallie suteing to be receavit be the Kirk to
publick repentance; after long reasoning, with mature deliberatione,
the haill brethren presently assembleit, concludit, that all sic
persones, humbly suiting, shall be receavit, to give the signes of
their repentance in their awne kirks, according to the order appoyntit
before, at qwhilk tyme the minister shall publickly notifie their
crymes, that thereby the civill magistrates may know the crymes,
and pretend no ignorance thereof.
Give they be excommunicat for their offences, they shall stand
bareheaded at the kirk doore, every preaching day, betwixt the
Assemblies, secluded from prayers before and after sermone, and
then enter in the kirk, and sit in the publick place bareheaded, all
the tyme of the sermons, and depart before the latter prayer.
The uthers that are not excommunicat shall be placeit in the
publick place where they may be knawne from the rest of the
people, bareheaded the tyme of the sermones, the minister
remembering them in his prayer in the tyme after preaching; all the
saids persons to bring their ministers’ testimonialls to the next
Assembly of their behaviour in the meantyme, according to the act
made thereupon be the Kirk in the 2d Sessione, halden July 7, 1569.
Anent the complaynt of the parochiners of the kirk of Kilmenie for
wanting of ane minister to preach God’s word and minister the
sacraments, the haill Kirk concludes, that in respect of the number of
qualified and learnit men of the auld Colledge able to preach, and
also the nearness of the said Colledge to the said kirk, That some of
them shall either preache and minister the sacraments to the people,
or else injoyne uthers to doe the same qwhill farder order be taine.

Sess. 7a. March 3, 1569(70).

Anent Robert Lickprivick his supplicatioune for support of the Kirk
in his office of printing: The Kirk haveing respect to his povertie, the
great expenses he hes made in bying printing irones, and the great
zeal and love he beirs to serve the Kirk at all tymes, hes assigned to
him, ffyftie punds yearly, to be payeit to him out of the thrids of the
Kirk, be the Collectors underwritten, viz. the Collector of Lowthiane
20 łb., the Collector of Fyfe 20 łb., the Collector of Angus 10 łb.;
Quhilk soume the auditors of the compts for the Kirk shall thankfully
allow to every ane of them.

Sessio 8a. March 9, 1569(70).

 It is statute and ordanit that no minister, provydit or heirafter that
shall be provydit to benefices, sett in tack any manner of way, their
gleib or manse, neither yet any part of the fruits or emoluments
thereof, in diminutione of their rentalls, under the paine of depryving
from the benefice for ever; decernyng also the tacks sett in manner
forsaid, to be null and of none effect as done be him that hes no
power.

Sessio 9a. March 11, 1569(70).

Quhat shall be done to them that will not forbear the company of
persones excommunicat, after dew admonitions? To be
excommunicat except they forbear.
The children of the excommunicat persones to be receavit be ane
faithfull member of the Kirk to baptisme.
Ane single woman committing adulterie with ane married man
should be equally punished.
Quhair a man repudiats his wife and bairnes without ane cause,
and no wayes will receave her againe, the minister should labour for
reconciliatione, and the pairtie offendit complaine to the judge
competent.
Ane promise of marriage made before the readers and elders in
ane reformit kirk, the parties contractit compeirs before the Minister
and Sessione, requires their bands to be proclaimit; quhilk beand
done, the Kirk finds carnall copulatione to have followit, be
confessione of baith parties: when the Kirk requires them to proceid
to the solemnizatione, the woman refuses.
Admonische the refuisand to solemnize the marriage, or else to
gett ane decreit from the judge competent, that they should not
marrie, under the paine of excommunicatione.
Persones, after promise of marriage and proclamation of the
bands, desyrand to be frie from the bands, no carnall copulatione
following, should be free, si res est intergra, and their inconstancie
punishit.
 It is not lesum for ministers to leave their vocatione and use other
offices and chairges within the commone weill, without consent of
the Kirk; and in tymes cumeing, it is needfull that all them that
serves in the ministrie be publickly inaugurat.
 [TWENTY-FIRST GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, halden at Edinburgh in the Nether
Councill House, the 5th day of July 1570, quhair was assembleit the
Nobilitie, Barrones, Superintendants, Commissioners of Kirks,
Provinces, Townes, and Ministers: the prayer made be Mr John
Craige.

The haill brethren presently conveint, chuse Mr Robert Pont

Moderator for this Assembly.
Penitents that, for their offences, resorts to the Generall
Assemblie, either to receive injunctions for to schaw signes of their
repentance, or that sould present themselfes before the same in
linnen cloathes and receave farther injunctions, that they be warnit
to compeir the second day of the Assembly peremptorlie.
Ministers, at their publick inauguration, shall protest solemnlie that
they sall never leive their vocatione any tyme thereafter under the
paine of infamie and perjurie.
Anent the tryall of young children, and how they are brought up
be thair parents in the trew religion of Jesus Christ: It is ordainit,
that ministers and elders of kirks shall, universallie within this
realme, take tryall and examine all young children within their
parochines that are come to nyne years, and that for the first tyme;
thereafter, when they are come to twelve yeares for the second
tyme; the third tyme, to be examined when they are of fourteen
years, wherethrough it may be knawne what they have profited in
the schoole of Christ from tyme to tyme.

Sessio 3a.
It is ordained, be reasone of the great troubles fallen out lately in
this realme be defectione of some from the King’s Majestie’s lawfull
authoritie, that certaine brethren be sent from the Kirk to all sortes,
Earles, Lords, Barrones, and gentlemen whatsumever, that hes made
the foresaid defectione, and travell with them be all meanes
possible, to reconcile them to the lawfull obedience of his Majestie,
and to certifie them that disobeys, that the haill Kirk will use their
sword against them, quhilk God’s word hes committit to them.
Commissioners for that effect—Mr Andrew Hay and Mr David
Lindsay, to my Lord Duke’s Grace, the Earles of Argyll, Eglintoune,
Cassills, the Lord Boyde, and uthers barrones and gentlemen that
they can gudlie meit with within the wast parts; The Laird of Dunn,
Superintendent of Angus and Mernes, to the Earle of Crawford, the
Lord Ogilvie, and their assisters: Qwhilk Commissioners war
commandit to report their answers to the next Generale Assemblie.

Sessio 4a.
The controversie in St Androis betuixt Mr Robert Hamiltoune,
minister there, and his Colleges on the ane parte, and Mr James
Carmichael and his Colleges on the uther parte, is traitit and
discussit be the Assembly of the haill Kirk, because the same
concerns doctrine, sclander that may rise therein, or discipline of the
Kirk.
Cloakers of adulterie sould be callit and convict; and if it be fund
that they have cloakit publick adulterie after their knawledge, then
let the law haue place. Consentientes et agentes pari pœna
puniantur.
Quhen a woman beares a bairne to a certain man, and, in the
tyme of her birth, before the midwife, alleadges the bairne to be this
man’s, and beand callit before ane judge, beand readie to sweir the
same, and this man is ready to swear the contrare, and that he
never had carnall dealings with this woman, and there is no other
witness, Whether shall credence be gine to the man’s oath or to the
woman’s? and shall the bairne be left without ane father knowne?
Answer, Neutri credendum.
 All things being done that the civil ordour requires of them that
withhalds the dewtie of the Kirk, whereby the ministers wants their
stipends, the Kirk may proceed to excommunication for their
contempt.

Sessio 5a.
Compeirit Mr James M‘Gill of Rynkelour Nather, Clark of Register
and Counsellor to our soveraigne Lord L., John Ballantyne of
Auchnouchill, Knight, Justice Clark, and Mr Archbald Douglass, ane
of the Lords of the Colledge of Justice, who, in presence of the haill
Assembly, proponit in my L. Chancellor’s name, how his L. had
understand that in the contraversie amongst them in St Androis
there was continwet some heads tending to treasone and against
the King’s Majestie’s authorities, Therfore requirit the Kirk presently
assemblit to superside all devisione in that matter concerning the
King’s Majestie, untill the tyme the nobilitie conveine, qwhilk will be
within ten days, before whom that heid aucht to be sichted;
nottheless that the Kirk proceed to sic things therein as pertayns to
their owne jurisdictione; unto the qwhilk protestation the Kirk agriet.
The said day the haill Kirk presently assemblit, in ane voyse and
mynde, gives full commissioune and power to the honorable their
brethrene, John Erskine of Dunn, knight, superintendant of Angus
and Mernes, Mrs John Wynrhame and Spottiswood, superintendants
of Fyffe and Lawthiane respective, Mr James M‘Gill, Rankelour
Nather, Clark of Register and Counsellor to our soveraigne Lord, Mr
John Knox and John Craige, David Lyndsay of Edinburgh and Leith,
ministers, the proveist of Dundie, Mr Thomas M‘Allzean, The Lairds
of Balvaird, Spott, Braid, Carnaill, Dreghorne, Lundie, Howstowne,
Drumqwhassell, Coldenknows, Carden, Fawdensyde, Thorntowne,
Inchbrakie, David Forrest, Generall of the Conzie, David Ramsay of
Dundie, Patrick Morray in St Johnstowne, and Robert Campbell of
Kinzeaunclewghe, or any eight or seven of them, To compeir in
Edinburgh the vi of this instant moneth of July, with continuatione of
dayes, so oft as the nobilitie of this realme shall conveine betwixt
this and the next Generall Assembly of the Kirk; and there, in name
and behalf of the haill kirks of Scotland, propone and present to the
said nobilitie, articles, heids, supplicationes, and complaints, such as
the said Kirk hes pennit and delyverit to the said brethren, or
hereafter shall, before the next Generall Assembly, delyver maist
humbly in their names, to require answer and grant to their articles
and supplicationes, and with redress of their complaintes according
to equitie and justice, To assist, concurr, and consent to all and
whatsumever shall be treatit in the said conventione tending to the
setting forward of the glory of God, preaching and maintaining of
trew religion within this countrie, King’s Majestie authoritie,
commonweall and authoritie of this realme: As also to take
cognitione in all and whatsumever complaints, supplications, and
requests of brethren speciallie remittit to them be this Assembly;
and whatsumever beis done be them in the præmises, to report the
same to the nixt Generall Assembly of the Kirk to begine in
Edinburgh the first day of March nixt to come, ffirm and stable
haldand and for to hald, all and whatsumever the saids brethren any
aucht or sevine of them in the premises leads to be done. The Kirk
presently assemblit, for certaine causes moving them, discharges all
and sundrie assignationes and pensiones grantit be the Kirk dureing
their will, to whatsumevir persone or persones before the date
heirof, and ordaines the Collector of the Kirk to intromett therewith
heirafter, and to put inhibitione to all them that heretofore hes had
any sic assignationes or pensiones, except that whilk is assignit to
the King’s Majestie’s hand allanerly.
 [TWENTY-SECOND GENERAL ASSEMBLY.]
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. 1a.
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 2a.
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 3a.
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 4a.
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 5a.
 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.
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