The mightie Spirit of comfort, wisdome, and concord in God,
remaine ever with yow.
DEARE BRETHREN--If abilitie of bodie would have sufferit,
I sould not have troubled yow with this my rude inditement. I have
not forgot what was layed to my charge, be famous lybells, the last
Assembly, and what a brag of adversaries maid personall to accuse at
this Assembly, qwhilk I pray you patiently to heare, and judge of
me as ye will answer to God; ffor unto yow upon that heid, submit
I myself, being assurit that I neither offendit God nor good men
in anything that hitherto hes beene layed to my charge. And now,
brethren, because the decay of naturall strength threatens unto me
certaine and suddaine departure frae the miserie of this life; of
love and conscience I exhorte yow, yea in the feare of God I charge
and command yow, that ye take heed to yourselffis, and to the flock
over the qwhilk God hes placit yow pastors. To discourse of the
behaviour of yourselffis, I may not; but command yow to be faithfull
to the flock, I dare not ceass. Unfaithfull and tryitors to the
flock shall ye be before the Lord Jesus, if that with your consent,
directly or indirectly, ye suffer unworthie men to be thrust into the
ministrie of the Kirk, under what pretence that ever it be. Remember
the Judge before whom ye must make account, and resist that tyrannie
as ye wald avoyd hell fyre. This battell, I grant, will be hard; but,
in the second poynt, it will be harder; that is, that with the lyke
uprightness and strength in God, ye withstand the merciless devorers
of the patrimonie of the Kirk. Give men will spoyll, let them doe it
to their owne perrell and condemnatione; but communicat ye not with
their sins, of what estate that ever they be; neither be consent nor
yet be silence, but, with publick protestatione, make this knawne
unto the world, that ye are innocent of sic robberie, qwhilk will,
or it be lang, provock God’s vengeance upon the committers thereof,
whereof ye will seek redress of God and man. God give you wisdome
and stout courage in so just a cause, and me ane happie end. Att St
Androis, 3d August 1571.
Your brother in Christ Jesus,
JOHNE KNOX.
Sessio 2^a.
The haill Assembly concludit that certaine brethren, Commissioners
shall passe to my Lord Regent’s Grace, Councill, and Parliament,
to reasone and conclude upon the heids, articles, and desynes,
presentit in his Grace’s name to this Assemblie, to propone, humblie
requeist and desyre, in the Kirk’s name, the granting of sic heids,
articles, and redress of complaints, as shall be given to them
be the Kirk;--the ane and the uther to be concludit alwayes on,
conforme to the instructions to be delyverit to them. Commissioners,
John Erskine of Dunne, Knight, Superintendant of Angus and Mernes;
Mr John Spottiswood, Superintendant of Lawthiane; John Wynrahame,
Superintendant of Fyffe; John Row, Commissioner of Nythsdale and
Gallaway; Andrew Hay, Commissioner of Ranfrew and Lennox; George Hay,
Commissioner of Aberdeene and Banmff; David Lindsay, Commissioner
of Kyle, Carrick, and Cunninghame; David Fargysone of Dumferling,
John Dunkesone of the King’s Majestie’s house, ministers: John
Ogilbie, Ennerquharetie, Knight; Mr William Lundie of that Ilk; James
Johnstoun of Elphinstoune; William Cunningham of Cunninghamheid; Hew
Wallace of Carnvaill; Thomas Kennedie of Bardgavie; John Schaw of
Grinock; Alexander Forrester of Carden, or any elevine of them, to
compeir in Striviling, the 22d of this instant, at nine howres before
noone, to counsell and reasone in the commissione given in the last
Assemblie.
[TWENTY-FOURTH GENERAL ASSEMBLY.]
The Conventione of the Kirk, halden in the Kirk of Leith, 12th
Januar 1571(2): In the quhilk war present the Superintendants,
Barrones, Commissioners to plant Kirks, Commissioners of
Provinces, Towns, Kirks, and Ministers. Mr Gilbert Gardin,
continued Moderator.
Sessio 1^a.
The brethren presently convenit, all in ane voice concludit that this
present conventione shall have the strenth, force, and effect, of ane
Generall Assembly, and that all things be treatit and endit herein,
that may guidlie be done, and usit to be concludit in ane Generall
Assemblie, nottheless that all sic brethren as may gudlie travell,
conveine to the Generall Assembly, to begin in St Androis the saxt
day of March nixt to come, and the Moderator to continow to that
tyme, and make exhortation according to the rule.
Sessio 3^a.
The Kirk undirstandand that my Lord Regent’s Grace and Counsell was
desyreous that Mr Robert Pont sould accept the place of ane of the
Senators of the Colledge of Justice, quhilk he would on no wayes
accept, without the advyse of the Kirk; Therefore the haill brethren
assemblit, gives licence to the said Mr Robert, to accept and use the
said place of a Senator of the said Colledge of Justice, what tyme
he shall be required thereto: Providing alwayes, that he leave not
the office of the ministrie, but that he exercise the same, as he
sould be appoyntit be the Kirk; and this their licence to the said
Mr Robert, to be no preparative to no uther minister to procure sic
promotione, unless the Kirk’s advyce be had of before, and license
obtained thereunto.
[TWENTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assemblie, haldine and begun in St Androis,
the saxt of March 1571(2): In the quhilk were present the
Superintendants, Barrons, Commissioners to plant Kirks,
Commissioners of Provinces, Townes, Kirks, Universities,
Ministers, and Mr John Doglass, Archbishop of St Androis: Mr
Robert Hamiltoune, Minister of St Androis, Moderator for this
present Assemblie.
Sessio.
Anent the complaint gine in be Mr John Rutherfurd, Proveist of St
Salvator’s Colledge, against Mr John Wynrahame, Superintendant of
Fyfe, for the wrangous disponyng of the viccarage of their commone
Kirk of Kilmeny, pertaining to the said Proveist, and his collegs,
brether of the said colledge, as also for obtayning of the gift, and
giving of ane altarage in the same colledge, situat at St John’s
altar, the gift quhereof, the said Mr John, as proveist, alleadged
to haue pertaynit to him, be vertew of foundatione of the same; as
at length in the said complaynt was containit: requeistand the Kirk
presently convenit to take sic order in the premisses, as godliness
and equitie requireth in sic sorte, the Colledge and brethren
forsaids be not put to expenses in seeking remedie before uther
judges. The kirk haveing consideration of the said complaint, thocht
meit to haue inspectione of their foundatione of the colledge, and
what the same conteinit anent the presentation and collatione of the
said viccarage of Kylmenie, and for that purpose gaue commissione to
their brethren, Mr John Row, Gilbert Gardin, William Chrystisone,
Andrew Hay, and David Lyndsay, to passe to St Salvator’s Colledge,
consider and sie the foundatione thereof, and what they find touching
the said viccarage of Kilmeny, and to whome the presentatione and
collatione thereof pertaineth; and what they happen to finde, to
report the same to the nixt Assemblie.
The said brethren return and reportit what they had fund in the said
foundation; the tenor whereof follows in thir words:--
Vicarie de Kilmany electio et presentatio ordinaria facienda ad
Dominum, prepositivo et ceteros de dicto Collegio graduatos debent
pertinere; Quiquiden vicarius omnia onera ordinaria subire tenetur
in fundatione Collegii Sancti Salvatoris, ita invenimus ad verbo
scriptum testantibus nostris chirographis Subscriptis, ex commissione
ecclesiæ adie numeris destinatis, 7. Mensis Martii, 1571. Gulielmus
Chrystesone, David Lyndsay, Jacobus Row, Gilbertus Garden.
In respect of the premisses, the Kirk ordayned to wryte ane letter
to the Senators of the Colledge of Justice, testifying what they had
funde in the said fundatione, anent the presentatione and collatione
of the forsaid viccarage of Kilmeny.
_Item_, Mr John Wynrahame, Superintendant of Fyfe, was accused that
he had giuen the Viccarage of Kilmeny to ane that is no minister, nor
yet has any functione within the Kirk, wherethrough the minister of
the Kirk plantit be himself, is frustrate thereof.
Sessio.
It is concludit that the persone should find bread and wyne to the
communion, unless the viccarage exceed the soume of fourtie punds,
and in that caise, the Viccarage to furnische the same in tyme
cumeing. The Kirk ordayns the Superintendant of Fyfe, to use his awne
jurisdictioun as of before, in the provinces not yet subject to the
Archbishop of St Androis; and alse requests ane to concurr with the
said Arch Bishope when he requires, in his visitatione or utherwayes,
within his own boundes, whill the next Generall Assembly: And the
said Superintendant to have his stipend as of before; and, in lyke
manner, the Superintendants of Angus and Lawthiane, without prejudice
of the said Archbishope, except be vertue of his commissione.
[TWENTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assemblie, begun and halden in the Tolbooth of
Perth, the Saxt of August, 1572; In the qwhilk war present
the Earles, Lords, Superintendants, Barrones, Commissioners
to plant Kirks, Commissioners of Provinces, Universities, and
Ministers: John Eskine of Dun, Knight, was chosen Moderator be
the haill voice of the Assemblie.
Sessio 2.
To the effect that obedience be given to the Moderator presently
and hereafter, the haill brethren assemblit, in ane voyce, statuts
and ordaynes, that no persone, of what state or degree soever he be
of, take in hand to speak without licence, askit and gine, be the
Moderator; and after licence obtainit, that the persone speakand,
keep moderatione in reasonyng and answering, and alse keep silence
when he shall be commandit be the Moderator, under the paine of
removeing out of the Assemblie, and not to re-enter therein dureing
that conveining; and this to be a perpetuall act for all Assemblies
hereafter.
Sessio 3.
Forswameikle as in the Assembly halden in Leith in January last,
there was certaine Commissioners appointit to trauell with the
Nobilitie and their Commissioners, to reasone and conclude upon
diverse articles and heads, then thocht good to be conferrit upon;
according to the whilk Commissione they have proceidit to diverse
dyatts and conventions, and finallie concludit for that tyme upon
the saids heads and articles; as the same producit in this Assemblie
proports: In the qwhilks, being considerit and read, are found
certain names, sic as Arch Bishope, Deane, Archdeane, Chamber,
Chapter; qwhilks names war thocht sclanderous and offensive to the
eares of many of the brethren, appeirand to sound to Papistrie;
Therefore the haill Assembly, in ane voyce, alsweell they that was in
Commissione at Leith as uthers, solemnly protests, that they intend
not be using sic names, to ratifie, consent, and agree to any kinde
of Papistrie or superstitione, and wisches rather the saids names to
be changit in uthers, that are not sclanderous or offensive; and, in
lyke manner, protests that the saids heids and articles agriet upon,
be only receavit as ane interim, untill farther and mair perfect
order be obtaynit, at the hands of the King’s Majestie’s Regent and
Nobilitie, for the whilk they will preass, as occasion shall serve:
Unto the qwhilk protestation the haill Assemblie, in ane voice,
adheres.
[TWENTY-SEVENTH GENERAL ASSEMBLY.]
The Generall Assemblie haldin in the Councill House of Edinburgh,
the 6th of March 1572(3): In the qwhilk war present Barrons,
Superintendants, James Bishop of St Androis, Commissioners to
plant Kirks, Ministers, Commissioners of Provinces, Townes,
Kirks and Universities. David Fargysone Moderator.
Sess.
Mr John Row complanit upone for solemnizing the band of matrimonie
betwixt the Master of Craufurd and the Lord Drummond’s daughter,
without proclamation of bands, and in lyke manner out of dew tyme,
viz. upon ane Sonday afternoone at prayer. Answerit, that he did
nothing but the command of the sessione of his kirke, and my Lord
Ruthven, ane speciall elder of the said kirk.
The Kirk, presently assemblit, for certaine good considerations
moving them, statutes and ordaines, that no collections for the poor
be made in the tyme of the ministratione of the table of the Lord
Jesus, nor yet in tyme of sermones heirafter within kirks, but only
at the kirk doore.
The Kirk, presently assemblit, ordains the act made against ministers
that marries uther parochiners without proclamation of bands, to
have effect and strength against Mr John Row, and underly the samen
dureing the Kirk’s will.
Sessio 3.
The Kirk assemblit, statuts and ordayns all ministers and uthers
beneficed persones, that hes receaved benefices sen the Reformation,
to make residence at the kirks where their benefices lyes, and use
their office according to the tennor of thair admissione; and if any
beis found to doe in the contrare, that they be callit to particular
dyats before the Superintendants, or the Commissioners of the
provinces where sic benefices are, to whom the Kirk giues power to
depose the saids persones, in their visitationes, for non-residence;
and whatever any of the saids Superintendants or Commissioners
happins to doe in the premisses, to report to the nixt Assembly.
The Assembly, considering that the trauells of umqwhill John Knox,
merits fauourably to be remembrit in his posteritie, Giues to
Margaret Stewart, his relict, and her three daughters of the said
umquhill Johne, the pensione qwhilk he himself had in his tyme of
the Kirk; and that for the year next approachand, and following his
deceis of the year of God 1573, to their education and support,
extending to ffyve hundred merks money, twa chalder wheit, sax
chalder beir, four chalder eats.
The Kirk requestit the kirk of Edinburgh to provyde and appoint some
learnit, to support Richard Bannatyne to put John Knox historie, that
is now in scrolls and papers, in good forme; and because he is not
able to await thereupone, upon his awne expenses, appoynts to him the
soume of ffourty pound, to be payit of the 81 years cropt.
Sessio 6.
Ordaines all and sundrie Superintendants and Commissioners to
plant kirks, to proceed summarly to excommunicatione against all
papists within their provinces; and that within eight dayes after
they be admonischit, to joyne themselves to the religione presently
established within this realme, be hearing of the word of God,
partaking of the sacraments, subscryve and giue their oath according
to the act of Parliament, and acts agreit upon, betwixt my Lord
Regent’s Grace, Secret Councill, and the Kirk.
Sessio 7.
It is statute and ordainit be universall order of this Assembly,
that all Bishops, Superintendants, and Commissioners to plant kirks,
present themselves in every Generall Assemblie that hereafter shall
be halden, the first day of the Assembly before noone, and that they
remaine whill the end of the same, under the paine of tinsell of ane
halfe of their stipend for ane year, and alse to serve in the mean
tyme of the wanting of the said portion of their stipend.
Anent my Lord Regent’s Grace desyre, twiching some of the learnit
ministers to be Senators in the Colledge of Justice; The haill
Kirk presently assemblit, having at lenth reasonit, whether a
minister were able to discharge himself of both the vocations; votit
throughout, that nane was able nor apt to bear the said twa charges;
and therefore inhibites, that any minister occupying the vocatione
of the ministrie take upon him to be a senator, Mr Robert Pont only
exceptit, wha is already placit with advyce and consent of the Kirk.
Articles presentit be the Superintendant of Lawthiane, and
Ministers within his jurisdictioune.
1. First, that a copie of the acts of the Generall Assembly begine
every exercise.
2. That sic matters as falls out betuixt the Synodall Conventione
and Generall Assemblies, shall be notit at every exercise, 20 dayes
before the Generall Assemblie.
3. That sic matters as are referrit to the Generall Assembly, fra the
particular, be pennit be the Superintendant’s clarks, faithfullie
reportit to the Generall Assembly be the said Superintendant.
4. That the Generall Assemblie be frequent with the nobilitie and
barrons, alsweell as ministers, that the face of the Assembly may be
had in reverence as afoirtymes.
5. That sic ministers as have not wherwith to buy books, may have
books lowsit to them be the collector, and to allow the pryces
thereof in their stipends.
The Kirk approves and ratifies all the forsaids articles as necessary
and profitable.
It is thocht maist reasonable and expedient, that Bishops,
Superintendants, and Commissioners, purches generall letters,
without delay; commanding all men to frequent preaching and prayers,
according to the order receavit in their congregations; and also to
charge the magistrate, to put the acts concerning the observation
thereof, alseweell grantit be parliament as friely, with uniforme
consent, the congregations hes condescendit upon, and for executione
of discipline and punisching of others.
Giue any man leave his wife and pass out of the countrie, and tarries
away the space of seven yeares and marries ane uther woman in ane
strange countrie, and else his first wyfe be married upon ane other
man in his absence, both are adulterers, unless the sentence of
divorcement had been pronouncit be the judge.
It is neither agrieable to the word of God, nor to the practise of
the primitive Kirk, that the speciall administration of the word and
sacraments, and the ministration of the criminall and ciuill justice,
be so confoundit, that ane persone may occupy both the cures.
[TWENTY-EIGHTH GENERAL ASSEMBLY.]
The Generall Assembly, begun and halden in Edinburgh, the saxt
day of August 1573: In the whilk war present the Earles, Lords,
Barrones, Bischops, Superintendants, Commissioners to plant
Kirks, Commissioners of Provinces, Townes, and Kirks, with the
Ministers. Mr Alexander Arbuthnot was chosen Moderator.
Sessio.
Because it is understand that certaine of the nobilitie of this
realme and Secret Councill are to repare to this Assemblie, Therefore
the haill brethren ordaynes, that the haill nobility and councill,
with commissioners of provinces, townes, and kirks, having power to
vote, shall sitt within the barr of the said Over Tolbooth, and all
uthers without the same.
Sessio 2.
The Books of Visitatione of Bischops, Superintendants, and
Commissioners to plant kirks, aught to be seen and considerit, and
their diligence in their offices; and commissioners were appointit to
that effect.
Touching them that receaves excommunicants and order taking
thereanent; the haill Kirk presently assemblit, ordains all Bischops,
Superintendants, Commissioners to plant kirks, and Ministers of
particular kirks, to proceed to excommunicatione againes all
receivers of excommunicat persones, if, after dew admonitione,
the receavers rebell and beis disobedient, conforme to the order
conteinit in the booke of excommunicatione: and whosoever knawes
and yet receaves and intertains excommunicat persones, albeit he
desist after admonitione, yet shall he underly the discipline of the
Kirk, be making of publick repentance, except sic as are except of
the law. And to the effect that nane pretend ignorance of the saids
excommunicat persons, the Kirk ordaynes and statutes all bishops,
superintendants, and commissioners, in the synodall conventions,
shall take up in row, the names of the excommunicants within their
jurisdictions, and bring their names to the Generall Assemblies, to
be published to uthers Bishops, Superintendants, and Commissioners,
that they, be their ministers in thair provinces, may divulgat the
same in their haill countries where the excommunicants haunts.
Sess. 6.
Alexander Hay, clark of the Secret Councill, presentit certaine heids
to the Assembly concernyng the provisione of ministers’ stipends be
particular assignationes.
Sessio 7.
Touching the changeing of situation of the paroche kirks, their
gleibs, and manses, for the commoditie of the parochiners, The Kirk
gives licence to the Bishops, Superintendants, and Commissioners
to plant kirks, with the advyce and consent of the parochiners and
ministrie of the countrie, to change the paroche kirks, manses, and
gleibs frae ane place to another, for the commoditie of the saids
parochiners; provyding allwayes, that the charge thereof be not
hurtfull to the ministrie, and suretie sufficient be made of the
lands in quantitie and qualitie as they were before, to remaine with
the Kirk for ever, with mortificatione thereof to the King’s Majestie.
Anent them that consults with witches: The Kirk presently assemblit,
ordaynes all Bishops, Superintendents, and Commissioners to plant
kirks, to call all sic persones as shall be found suspect to
consult with witches before them at their particular visitationes
or utherwayes; and if they have been found to have consultit with
the saids witches, that they cause them make publick repentance in
sackcloath, upon an Sonday in tyme of preaching, under the paine of
excommunication if they be disobedient, dew admonitions preceiding.
Anent the uniformitie to be observit in proces of excommunicatione:
It is ordainit that Bishops, Superintendants, and Commissioners
to plant kirks, shall direct their letters to ministers where the
persones that are to be excommunicat dwells, commanding the saids
ministers to admonische accordingly; and, in caise of disobedience,
to proceed to excommunication, and pronounce the sentence thereof
upon ane Sonday in tyme of preaching; and, thereafter, the ministers
to indorse the saids letters, makand mention of the dayes of their
admonitiones and excommunication for disobedience forsaid, and to
report to the saids Bishops, Superintendants, and Commissioners,
according to their directione conteinit in the said letters.
Greit men offending in sic crymes as deserves sackcloath; they should
receave the samen as well as the puire.
No Superintendent nor Commissioner, with advyce of any particular
kirk of their jurisdictione, may dispense with the extreamitie of
sackcloath prescryvit be the acts of generall discipline, for any
pecuniall soume _ad pios usus_.
Ane man willing to dimitt his benefice simpliciter, sould dimitt it
in the hands of the just patrone.
[TWENTY-NINTH GENERAL ASSEMBLY.]
The Generall Assembly, begun and halden at Edinburgh the saxt
of March 1573(4); In the qwhilk war present, Earles, Lords,
Barrones, Bischops, Superintendants, Commissioners to plant
Kirks, Commissioners of Provinces, Townes, Kirks, Universities,
and Ministers. Mr Andrew Hay was chosen Moderator.
Sessio.
The Kirk ordaynes all Commissioners of townes and provinces,
that they seek out the haill rentalls of the hospitalls within
their bounds respective, and give the same in to their Bischops,
Superintendants, or Commissioners, schawand how the samen are usit
and abusit, to the effect that my Lord Chancellar may receave the
same, and report to my Lord Regent’s Grace; and this to be done
betwixt and the tenth of April next to come.
Unto the Lord Regent’s Grace, of Privie Councill, with uthers of
the Estates conveint with his Grace, the Kirk Generall, now
assemblit, wishes everlasting health in Christ.
It is not unknawne that holy ministrie of God that hes chosen to
himself a kirk, and that frae the beginning, whilk shall continow
for ever, and the same is the congregatione and companie of the
faithfull professors of Christ; and in his kirk God hes appointit
his ministers to ministrat, and calls men to be ministers of the
same, that be the samen ministrie, the elect of God may be callit,
regenerat, and nourishit to everlasting life. For preservation of
the holie ministrie and kirk in puritie, the Lord has appointit
Assemblies and Conventions, not only of the persons appointed to the
ministrie, but also of the haill members of the kirke professing
Christ; the whilk kirk of God hes continwallie used and still uses
the same assemblies, sanctified be the word of God, and authorised
be the presence of Jesus Christ. It is also knawne unto your Grace,
that sen the tyme God blessed this countrey with the light of his
evangell, the haill kirk maist godlie appointed, and the same be act
of parliament authorised, that twa godlie Assemblies of the haill
generall Kirk of this realme sould be ever ilk year; alswell of
all members thereof in all estates as of the ministers: the qwhilk
Assemblies hes been sen the first ordinance, continuallie keepit in
sic sort, that the maist noble thereof, the hiest estate, hes joynit
themselves be their owne persone, in the Assemblies, as members of
one bodie, concurrand, votand, and authorizand all things there,
proceeding with their brether: And now, at this present, the Kirk
is assemblit according to the godly ordinance, and looks to have
concurrence of their brethren in all estates, and wisches of God that
your Grace and Lords of Privie Councill, will authorize the Kirk in
this present Assemblie, be your presence, or be uthers havand your
commissioune in your Grace and Lordship’s name, as members of the
Kirk of God; ffor, as your Grace’s presence and the nobilities should
be unto us most comfortable, and so most earnestlie wished of all, so
your Grace’s absence is to us most dolorous and lamentable; whereof
follows the want of ane great part of the members that weill cannot
be absent from the treiting of these things that perteins to the Kirk
and policie thereof, in assembly altogether, to be handlit be the
advyce of all, and to the qwhilk end the Assemblies are appointit,
the authoritie thereof your Grace knawes to be sic as the contempt
of it tends to the dishonour of God; and, therefore, as ye esteem
your selves to be members of Christ and of his Kirk, schaw the fruits
thereof; of the qwhilk it is not the leist to joyn yourselves to the
Kirk, not only be hearing the word and receaving the sacraments,
but also in conveining with your brether in the holy assemblies:
The qwhilk to doe we giue you admonitione in the name of the Lord;
extending this admonitione to every persone, of whatsoever estate,
that are present with your Grace; and specially we admonische the
Bishops, and sic as are of the ministrie, to joyne themselffs with
us, according to their ministrie and dewtie, utherwayes they will be
thocht unworthy of office they beare. The tyme the Kirk will sitt
will be short, and tyme would not be neglected, and yet the Kirk is
not so rigorous but that men may, after their presence gine in the
Assembly, have libertie, as tyme requires, wait upon their laufull
business; and this admonitione we giue your Grace with all reverence
and humility; and that chiefly in respect that your Grace, be your
awne articles and questiones sent to the Kirk, where your Grace
desyres first to be admonished charitably whensoeuer offences aryses,
before the same be utherwayes traducit.
Certain war appointit to penn the heids concerning the jurisdictione
of the Kirk, and to present the same to the Assemblie.
Anent the jurisdiction of Bishops in their ecclesiasticall functione;
the Kirk presently assemblit hes concludit, that the same shall not
exceed the jurisdiction of superintendants, whilk heretofore they
have had and presently hes, and that they shall be subject to the
discipline of the Generall Assemblie, as members thereof, as the
superintendants hes been heretofore in all sorts.
That no Superintendants nor Commissioners for kirks planting, haue
nor shall giue collatione of benefices, nor admitt ministers,
without the assistance of thrie of their qualified ministers of
their province, who also shall give their testimonialls to the said
Superintendant commissioners, subscryvit with their hands in signe
of their consent thereto; and in like manner, that no Bischops giue
collatione of any benefice within the bounds of Superintendants
within his diocie, without their consent and testimonialls,
subscryved with their hands; and that Bischops, within their awne
dioces, visite be themselues where no superintendants are, giue no
collatione ordinare upon benefices, without consent of three weell
qualified ministers, as said is, of superintendants and commissioners
to plant kirks.
Sessio 5.
Commissioners war appointit to convein with my Lord Regent’s Grace
and Lords of Secret Councill, to conferr and reason upon the heads
concerning the policie and jurisdictione of the Kirk, and sic uther
heads and articles as shall be proponit be his Grace and Councill to
them.
Sessio 7.
As concerning the appointing of syndrie kirks to ane minister; to the
end the matter may be plainer, and the mynde of the Kirk knawne to
all men herein, the Kirk hes declarit, that howbeit syndrie kirks
be appointit to ane man, yet shall the minister make his residence
at ane kirk, qwhilk shall be properly appointit to his charge, and
he shall be callit principallie the minister of that kirk; and
as concerning the rest of the kirks to the qwhilk he is nominat,
he shall haue the oversicht and help therein, in sic sort as the
Bischop, Superintendant, and Commissioner shall think expedient, and
as occasion shall serve from his awne principall charge: The qwhilk
on no wayes he may neglect; and this order only to remane qwhill God
of his mercie shall thrust out moe labourers unto his harvest.
[THIRTIETH GENERAL ASSEMBLY.]
The Generall Assembly, halden and begun at Edinburgh the 7th of
August 1574: In the whilk war present, Barrones, Bischops,
Superintendants, Commissioners to plant Kirks, Commissioners of
Provinces, Townes, Kirks, Universities, and Ministers. Johne
Dunkansone, Moderator.
Sessio 1.
The Assembly, understanding that be deceiss of John Gray, their late
Clark, the said office of clarkship is vacand, and nane as yet is
provided thereto; and therefore before that any proceeding be, it
is necessar the said rowme be filled, hes appointit their brethren
underwritten, viz. My Lord Deane of Aberdeen, Andrew Hay, James
Lowsone, Alexander Arbuthnot, Principal of the Colledge of Aberdein,
James Melvill, Clement Little, and David Lyndsay, Minister at Leith,
(all Ministers,) to appoint the leitts of them of qwhais number the
clark is to be chosen: Qwhilk brethren, all in ane voyse, nominat Mr
James Ritchie, George M‘Esone, William Patersone, wryter, Patrick
Fylder, servant to Alexander Hay, Clark of the Secret Councill, to
be the leits, of qwhilk number the Clark of the said Assembly is to
be electit; and in the meane tyme, qwhill the Clark be chosen and
receavit, the said Assembly hes ordainit Mr Andrew Milne to supply
the place.
Sessio 3.
Anent the creatione of ane Clark of the said Generall Assemblie of
the Kirk, it was Votit through the haill Assemblie and concludit,
that of the four persons appointit on the leits, Mr James Richie, be
reasone the greatest part thereof gave their consent to him, sould be
clark, who, in presence of the haill Assembly, solemnly beand sworne
to use the said office of clarkship of the Kirk faithfully, made
promise to doe the same, and acceptit the said office upon him.
Forswameikle as it is understand to the said Assembly, that diverse
ministers within this realme, used the office of Collectorie
and Chamberlanrie under bishops and uthers beneficed persones,
wherethrough they are avocat from their cures, and giues great
occasione to sclander the Kirk; Therefore it is statute and ordainit
in this present Assemblie, that from this tyme furth, no minister
within this realme, use or exercise the office of Chamberlanrie or
Collectorie, under whatsumever beneficed men, whereby they may be
abstractit from their vocatione; and the contraveeners heirof to be
depryvit of their office, and secludit therefrae.
Sessio 6.
Articles proponit to my Lord Regent’s Grace.
1. That stipends be grantit to Superintendants in all tyme comeing,
in all countries destitute thereof, Qwhether it be where there is no
Bischops, or where there is Bischops, and may not discharge their
cure, as the Bischops of St Androis and Glasgow.
2. That in all Burrowstounes, where the ministers thereof are
displacit and serves at uther kirks, that their ministers who servit
them before be restorit againe to wait on their cures, and they be
not oblidged to any uther kirk, or else that uthers be plantit in the
saids touns.
3. That his Grace will giue commissione to certaine gentlemen in
euery countrie, that incest, adultrie, witchcraft, and uther sic
odious cryms qwhairwith the haill countrey is replenischit, may be
punischit.
4. In euery kirk destitute of ministers, sic persons as are present
and readie to be plantit, be placit, and stipends grantit unto them
qwhais names shall be gine up be the Bischops, Superintendants, and
Commissioners.
5. In respect that the ecclesiasticall functione is only distinct
offices, of teaching, the Doctor that interprets the Scriptures, and
the Minister, to preach and apply the same; his Grace will take ordor
that Doctors may be placeit in Universities, and stipends granted
unto them, wherby not only they who are presently placeit may have
occasion to be diligent in their cure, but also wher learnit men may
have occasion to seek places in Colledges within this realme.
6. That his Grace will take ane generall order with the puire, and
speciallie in the Abbayes, sic as Aberbrothoc and uthers, conforme
to the act made at Leith; and in speciall to discharge teind sybows,
leeks, kaill, onzions, be ane act of Secret Councill, whill ane
Parliament be conveint, where they may be simpliciter discharged.
7. That his Grace will grant commissione to certane persons in every
diocie to sit in causes of divorcement where the parties are poore.
8. That his Grace wald provide qualified persones to vaikand
Bishopricks.
9. That his Grace wald cause the buiks of the Assignatione of the
Kirk to be delyvered to the Clerk of the Generall Assembly.
Sessio 7.
Forsuameikle as it is understand to the Generall Assembly of the
Kirk, that there is diverse persones who, dureing their wyfe’s tyme
committs adulterie with other men’s wyfes, and thereafter, after
their wyfe’s decease, marryes them wham they of before have polluted
in adulterie; Therefore it is statute and ordainit be this present
Assembly, that Bishops, Superintendants, and others Commissioners of
provinces, charge all sic persones, so joynit in that sclanderous and
unlaufull band, to separate themselves and abstaine from others, unto
the tyme it be decydit be the Judge Ordinar, if the said marriage be
lawfull or not, under the payne of excommunicatione to be execute
against disobeyars.
Sessio 8.
Touching the complaint made upon the Bischop of Dunkeld for
ministration of the holy supper upon wark-dayes at the kirks within
his jurisdictione; It is thought good be the Generall Assembly that
the said Bischope forbear the ministration of the said sacrament upon
wark-dayes, and cause it to be ministrat upon Sabbath dayes, after
the order of the rest of the kirks within this realme.
Sessio 9.
Commissioners war appointit to visit warks that shall be heirafter
proponit to be printed. _Item_, Uthers were appointit to sicht the
history of Job compylit be Mr Patrick Adamsone in Latine verse.
For avoiding of Simonie within the haill kirks, the haill Assemblie
of this Kirk, as in ane voice, hes votit, concludit, and decreitit,
that all sic persones as either bys or sells benefices, or useing
any uther kind of cowping thereof, directly or indirectlie, sall
be depryvit of all kinde of functione within the Kirk, and the
discipline of the Kirk strike upon them with all kinde of rigour and
extreamitie;--and the buyers, sellers, or utherwayes cowpers of the
benefices, to tyne the same for ever.
Sessio 10.
Qwhither if the parochiners of a towne, or the provest and baillies
thereof, aucht to have the election of their own belman and clark? It
is answerit, that sic as payes them sould choose them.
The brethren hes thought good, that, in case of any Parliament to be
halden, or any uther weightie cause requirand necessary the presence
of the bodie of this haill Assemblie, That the Superintendant of
Lawthiane, Mr James Lawsone, minister of Edinburgh, Mr David Lyndsay,
minister of Leith, make lawfull premonition and advertisement to
their brether to be present upon sic competent space before as they
sall think needfull; Qwhilk conventione of before shall be recountit
for ane Assemblie.
That absents of this Assemblie be summoned to the next Assemblie, to
hear them convict of absence, and punishment to be joynit to them at
the sicht of the Kirk.
[THIRTY-FIRST GENERAL ASSEMBLY.]
The Generall Assembly, begun and halden at Edinburgh, the 7th
of Marche 1574(5): In the qwhilk war present Earles, Lords,
Bischops, Superintendants, Commissioners to plant Kirks,
Commissioners of Provinces, Townes, Kirks, Universities, and
Ministers. James Bishop, of Glasgow, Moderator.
Sessio.
Forsuameikle as the greatest part of the doctors, and interpretars
of the Scriptures that hes travellit in the interpretation and
exposition of the same, hes written and comentit in the Latine
tongue, and therthrow it is thocht necessar for sic as enters in
the function of the ministrie, to have understanding and knawledge
of the same; Therefore, the Generall Assembly of the Kirk hes votit
and concludit, that, frae this tyme furth, nane shall be admittit
in the functione of ane minister within the Kirk be the Bishops,
Superintendants, and Commissioners of cuntries, but sic as have
understanding of the Latine tongue, and are able to interpret the
Commentars written in the same language, and speak congruous Latine,
except sic as, be exemption of the Generall Assembly of the Kirk, for
their singular graces and gifts of God, sall be fund also be them to
use their functione without knawledge of the Latine tongue.
It is thocht meet, and concludit, that no clark-playes, comedies, or
tragedies, be made of the Canonicall Scriptures, alse weell new as
old, on Sabbath day nor wark day, in tyme comeing; the contraveiner
heirof, (if they be ministers, to be secludit frae their functione,
and, if they be uthers,) to be punischit be the discipline of the
Kirk; and ordains ane article to be gine in to sic as sitts upon
the policie. That, for uther playes, comedies, or tragedies, or
uthers profane playes as are not made upon authentick pairts of the
Scripture, may be considerit before they be proponit publickly, and
that they be not playit upon the Sabbath dayes.
Sessio 8.
Anent ministers proceeding to the marriage of parties, lawfull
impediment being proponit unto them, whilk, after hand, is tryit and
fund to be of veritie: The haill Assembly referrs the discipline to
be usit against sic persones, to the Bischops, Superintendants, and
commissioners of the countries where they serve.
Sessio 9.
Anent difficultie proponit upon the presentatioune of Mr Andrew
Grahame, presenting him to the bishoprick of Dumblane, under the
name of ane preacher, although he had been nane; The Kirk finds
that finall conclusion is not yet had, that all Bischops should be
first preachers, and alwayes, if he be qualified, the presentation
to be obeyit; and yet, for farther tryall, appoints to him
Wednesday to exercise in the Magdalen Chappell before the Bischops,
Superintendants, and ministers, that may be present, and speciallie
the ministers of Edinburgh, and so many of the Chaptir as may be
there at ten hours before noune, upon the beginning of the fifth to
the Romans.
The Assembly hes willit their lovit brother Mr Robert Maitland, Deane
of Aberdeene, Robert Pont, proveist of the Trinitie Colledge, John
Brand, James Carmichael, to take travell in visiting and peruising of
the saids acts, and sic as are generall with the Generall Assemblies,
to mark and nott the samen, that thereafter they may be drawne and
extractit out of the books, that all pretext of ignorance may be tane
away.
Sessio 12.
It is ordaynit that the Bischops, Superintendants, and ministers in
all parts, admonische sic as were Papists, and hes sen the act of
Parliament, maid confession of their faithes, and, notwithstanding,
hes no wayes yet participat the holy supper of the Lord, participat
the sacrament with the rest of the congregation; and if they disobey,
their admonitione to be halden as relapse, and to proceed against
them as relapse, with the sentence of excommunicatione.
It is thocht meet be the haill brethren that the ministers of
Edinburgh and Leith give warning and advertisement to the Bishops,
Superintendants, and Commissioners of countries, aucht dayes before
the Parliament, to the effect that they may warne the rest of their
brethren to be present, to consult and put in deliberatione sic
things as shall be thocht, after good advyce, to be proponit to
Parliament; qwhilk convention shall be accountit for ane Assemblie.
[THIRTY-SECOND GENERAL ASSEMBLY.]
The Generall Assemblie, halden and begun the saxt of August 1575,
in the Over Tolbuith of Edinburgh, where there was present the
Bischops of Galloway, Dunkeld, Brechine, Dumblane, Glasgow, and
Isles; Superintendants of Angus and Lawthiane, Commissioners
of Countries and Townes, with the Ministers. Mr Robert Pont,
Moderator.
Sessio.
According to the order and custome of the Assembly, it was proceeded
to the examinatione and tryall of the lyfes, conversation, and
doctrine of the Bischopes, Superintendants, and Commissioners of
provinces. John Durie, one of the ministers of Edinburgh, protests
that the tryall as Bischope prejudge not the opiniones and reasones
qwilk he and uthers brethren of his mynde hes to oppone against the
said office and name of Bischop.
The Generall Assembly ordaynes the Bischope of Dunkeld, betwixt and
the next Assembly, to resorte himselfe and his family to Dunkeld, and
make his residence there, under the paine of excommunicatione.
The brethren in ane voyce finds great fault with the dilapedatione
of this benefice; and ordaines the acts of the Assembly to be
usit and considered, if there be any penaltie appoyntit for the
said dilapidatione, betwixt and the saxt day of this instant, and
continwes their farder determination to the said day.
Sessio 2.
The Bischope of Dunkeld compeirand in the Assembly, desyrit that
he might have Mr John Grahame, advocat, to reason for him in the
matter of dilapedatione; qwhilk beand thocht a new thing, and, by
custome of the Assembly, was finally votit and concludit to be ane
novatione, and to introduce some contradictione; and fand him not to
be admittit nor no uthers who are not of the functione of the Kirk;
and, therefore, ordaynes him to answere, in his awne persone, the 9th
of this instant, or to chuse any of the brether of the functions of
the Kirk to reasone for him.
Because certaine of the Bischopes and Superintendants compearit not,
the first day of this Assembly, it was thocht good to call them and
thir absents to be notit.
Complaint that nane of the Universitie of St Androis is present, nor
nane to cum here.
Sessio 3.
The brethren appointit to give their judgement anent the habite of
the ministers and their wyfes, presentit the same to the Assemblie,
qwhilk was found good, and all the brethren serving the functione of
the Kirk, ordaynes to conforme themselves and their wyfes thereto,
and ordained effectuously to follow the same; qwhairof the tennor
followes in thir words:
Forsuameikle as ane comely and decent apparell is requisite in all,
namely in the ministers, and sic as bearis function in the Kirk;
First, we think all kinds of broidering unseemly, all bagaries of
velvet on gowns, hoses, or coats, and all superfluous and vain
cutting out, steiking with silks, all kinde of coastlie sewing on
pasements, or sumptuous and large steiking with silks; all kinde
of costly sewing or variant heuis in sarks, and kinde of licht and
variant hewis in cloathing, as red, blew, ʒellow, and sicklyke,
qwhilk declares the lightnesse of the mynde; all wearing of rings,
bracelets, buttons of silver, gold, or other mettal; all kinde of
superfluitie of cloath in making of hose; all useing of plaids in
the kirk be readers or ministers, namely in tyme of their ministrie,
and useing their office; all kinde of gowning, coating, doubletting,
or breitches of velvet, satine, taffetie, or suchlyke; all costly
guilting of whingers or knifes, and sicklyke; all silken hatts, and
hatts of diverse and light colloures: But that their haill habite
shall be of grave collour, as black, russet, sad gray, sad browne,
or serges, wirsett, camlet, growgrame, lytes, worsett, or sicklyke;
and to be short, that the good word of God be them and their
immoderateness be not sclanderit; and their wifes to be subject to
the same order.
It appeared to some of the brethren that the lang continuance of
Commissioners in their office, should induce some ambitione and
inconvenience within the Kirk, and therefore was thocht a matter
to be consultit in this Assemblie, Whether it was best that
Commissioners of provinces should be changit from year to year from
the countries where they travell to uthers? After lang reasoning, the
greatest part of the Assemblie thocht best, where men may be had
able to use the Commissione, that ane yearly exchange should be.
Ordaines Mr James Lawsone, James, Bischope of Glasgow, Mr Andrew
Hay, Mr George Hay, with Alexander Hay, Clerk of Privie Councill, to
concive ane article in wreit, concerning the union of paroche kirks,
to be presentit the morne to the brethren, to be condescendit be them.
Articles to be presentit to my Lord Regent’s Grace.
1. Imprimis, for planting and preaching the word through the whole
realme; It is desyrit that so many ministers as may be had, qwhilks
are yet unplacit, may be receivit, alswell in the countrie, to
relieve the charge of them that hes many kirks, as utherwayes
throughout the whole realme; with Superintendants or Commissioners
within these bounds where Bischops are not, to help sic Bischops as
hes uther great charge, and reasonable livinges to be appointed to
the forsaids persones; and also payment to them that hes travellit
before Commissioners in the years of God (15)73-74, and so furth, in
tymes comeing, without the qwhilk the trauells of sic men will ceise.
2. That sic impediments be removit away as makes hinderance to the
progress of the doctrine, sic as abundance of vice in all parts of
this realme unpunischit, marketts upon the Sabbath-day, and ministers
troublit in the exercise of their office.
3. That the order already tane toward the poore may be put in full
executione to that effect, that anie portione of the teinds qwhilk is
their awne patrimonie, alswell of the twa part as of the thrids, may
be imployit for their sustentatione, according as necessitie craves;
and to this effect, that the hospitalls qwhilks hes been of old, may
be restorit to their awne use, notwithstanding any tytle made thereof
to uther persones; and also that sic ordinare almes as hes been
appointed furth of abbayes or uther benefices, be lang consuetude,
may be payit to the poore as of before.
4. Because the schooles are the fountaines frae the whilks ministers
must flow, that provisione be made for them, not only for sic
as remaynes within the realme, but also for men of good ingyne,
qwhilk be the Kirk should be funde to visite uthers countries and
universities for their furtherance in learning, and chieflie for
Glasgow, because it is new erectit, and hes not sic provisions as
uther universities.
5. That sic assignationes as hes been appointed be the Prince and the
Kirk, and alterit without the advyce of the Kirk, may be repairit,
and that in tyme cumeing sic assignationes shall be appointit not to
be alterit without the advyce of the Kirk, utherwayes no minister
shall be sure of his assignatione.
6. Qwheir ministers produces letters of horning to the Generall
Collector, upon sic persones as are assignit to them for payment, the
said Collector may be causit make payment to the saids ministers.
7. That all dayes that heirtofore hes been keepit holy, besydes the
Sabbath dayes, sic as Zuill day, Saints’ dayes, and sic uthers, may
be abolischit, and ane civill penaltie against the keepers thereof be
ceremonies, banquetting, fasting, and sic uther vanities.
8. That all sic ministers and readers as, either be infirmitie or
age, becomes unable, may have their stipends dureing their lifetymes.
9. That the Clark of the Assemblie be answerit of the ordinarie
stipend appointit to the Clark of before; namely, in respect of his
laboures multiplied in wreiting of the haill ministers’ and readers’
letters, alswell for answering them of their stipend as of their
gleibs and manses, graces, and that his name may be insert in the
book of Assignationes, with his stipend, as use was; and sicklyke be
answerit of the year bypast that he hes servit.
Anent the question proponit be certaine brether of the Assemblie
of the haill Kirk, Qwhither, if the Bischops, as they are now in
Scotland, hes their functione of the word of God or not, or if the
Chapters appointit for creating of them aucht to be tollerated in
this reformed Kirk? For better resolution thereof, the Generall
Assemblie of the Kirk appoynts their lovits brether, Mr John Craige,
James Lawsone, Andrew Melvill, Principall of the Colledge of
Glasgow, on that ane pairt; George Hay, John Row, and David Lindsay
on the uther pairt, to conveine, reasone, and confer upon the said
questione, and to report their judgement and opinione thereupone to
the Assemblie, before the dissolving thereof, if they be resolvit
betwixt and the same.
Sessio 5^a.
Ordaynes ane article to be made to the Lords of the Sessione for
the ministers and readers, that they may have expeditione of their
proces pursuit before them, that they be not abstractit from their
charges.
Sessio 6^a.
The brethren appoyntit to reasone and conferr upon the functione of
the Bischopes as they are now in this realme, and of their Chapters,
appoyntit for creating of them, be tollerable, and to return their
judgment to the Assemblie, gave in their opinione as after follows in
wreit, viz., They think it not expedient presently to answer directly
to the first questione; but, if any Bischope beis chosen who hes not
fit qualities as the Word of God requires, let him be tryed be the
Generall Assembly _de novo_, and so deposit.
The poynts wherein they agree concernyng the office of ane Bischope,
or ane Superintendant: First, the name of Bischope is injurie to all
them that hes a particular flock over the quhilk he hes ane peculiar
charge alsewell to preach the word as to minister the sacraments, and
to execute the ecclesiasticall discipline with consent of his elders,
and this is his chiefe functione of the Word of God. Attour out of
this number may be chosen some to his power, to oversie and visite
sic reasonable bounds besyde his awne flock as the Generall Kirk
shall appoint; and in these bounds to appoint ministers, with consent
of the ministers of that province, and consent of the flock, to whom
they shall be appoyntit; also to appoynt Elders and Deacons in every
principall congregatione where there is nane, with consent of the
people thereof, and to suspend ministers for reasonable causes, with
the consent of the ministers foresaids.
Qwhat punischment deserves that minister that marries persones
refuised be their ordinare minister, and that in respect they keepit
open houses together uncontractit, and wald obey nae discipline, and,
qwheir their ordinare minister desyreit them to obey the discipline,
they woundit him to the death; upon the morne the said minister
married them, who without satisfactione made to the Kirk for wounding
their minister? Referrs the punishment of this minister to the
punishment againes Mr Patrick Craig.
Parties to be married sould cume before the Assemblie, and give in
their names, that their bands may be proclaimit, and no farther
ceremonies usit.
The Kirk hes power to cognosce and discerne upon heresies,
blasphematione of God’s name, witchcraft, and violatione of the
Lord’s day, not prejudgeand the punishment of the civill magistrate.
There is no law establischit, that, after a young man hes lyen with
ane young woman that is esteemit a virgine, na marriage proceidand,
nor promise alleadgit to hir, may be compellit be any particular
kirk, at the suit either of the woman or of the parents, aither to
marry her or pay her tocher gude.
Bairnes gotten before marriage, the lawfull marriage following, are
lawfull.
Qwhat punishment shall be for that minister that baptises ane
murtherer’s bairne not of his owne paroche, on an Munday, not being
ane day of preaching, and without repentance of the murtherer,
remainand at the King’s Grace’s horne? Answer, he [de]serves
deposition.
Gine it be lawfull for any minister to dispense with the number of
dayes appoyntit for the repentance of adulterous and incestuous
persones, in respect that the lyke obedience cannot be obtained in
all places? No answer.
[THIRTY-THIRD GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, conveint in the Over Tolbooth
of Edinburghe, the 24th of Apryle 1576, qwhaire there war
present Lords, Barrones, Bischopes of Glasgow, Dumblaine,
Dunkeld, Ross, Brechine, Morray, Superintendants of Lawthiane
and Angus, and Commissioners of Countries, Townes, Kirks, and
Ministers. Mr John Row, Moderator.
Sessio 2^a.
Anent the pluralitie of offices objectit to Mr Robert Hamilton,
minister of St Androis: The said matter being lang debaittit with
reasons on every side, and riply advyset, The present Assemblie,
in respect of the circumstance of place and congregatione of St
Androis, finds and declares the twa offices joynit in his persone to
be impatible in him. Anent the advyse and opinione of the brethren
gine in the last Assembly concernyng the questione movit, Qwhither
if Bishops, as they are now in Scotland, hes their functione out of
the word of God? The haill Assemblie, for the maist pairt, after
reasoning and lang disputatione upon every article of the saids
brethrene, opinione and advyse, resolutely approvit and affirmit
the same and every article thereof, as the same is given be them,
quhairof also the tennor is here reportit.
First, the name of a Bischope is commone to all them that hes ane
particular flock over the qwhilk he hes a particular charge, alsewell
to preach the word as to minister the sacraments, and to execute the
ecclesiasticall discipline with consent of his elders, and that is
his chief functione in the word of God.
Attour of this number may be chosen some to have power to oversie
and visite sic reasonable bounds besides his awne flocke, as the
Generall Assemblie shall appoynt, And, in these bounds, to appoynt
ministers, with consent of the ministers of that province, and the
consent of the flock whom to they shall be appointed; alseweel to
appoynt elders and deacones in every congregatione where there is
nane, with consent of the people thereof, and to suspend ministers
for reasonable causes, with consent of the ministers forsaids; And
to the effect that the saids articles condescendit upon be the said
Kirk, may be better followit out and ready executione thereupon as
appertaineth, Ordaynes the Bishop, who hes not receivit the charge
yet of a particular congregatione, to condescend on the morne what
particular flocks they will accept to take the cure thereof.
Sessio 5.
Mrs James Lowsone, Robert Pont, Alexander Arbuthnot, William
Chrystisone, John Row, and John Craig, with the Laird of Dunn, are
ordaynit Commissioners to visite the Colledges of the Universities of
St Androis, and to consider the same, the manner and estate thereof,
and what they finde to report to the next Assemblie.
The haill Assembly concludit affirmatively, that they may proceed
against any unjust possessors of the patrimonie of the kirks in
respect of the notorious sclander; and sicklyke that they may
proceed against them, be doctrine and admonitione; and last of all,
if no remeid beis, with the censures of the Kirk: and, farther,
that the patrimonie of the Kirk qwhairupon the Kirk, the puire, the
schooles sould be sustained, _ex jure divino_, leaveand the farther
disputation of sic matter to the first of May next; and then the
descriptione of the patrimonie of the Kirk to be inquyrit at that
day, and farther reasoning had for resolution of the questione.
Sessio 6.
Certane brethren appoyntit to oversee the booke writtin by Mr George
Hay contra Tyrie.
Brethren appoyntit to make ane overture of the policie and
jurisdiction of the Kirk: For the wast countrie, the Bishop of
Glasgow, Mrs Andrew Melvill, Andrew Hay, James Greige, David
Cunnynghame: ffor Lawthiane, Mrs Robert Pont, James Lawsone,
David Lyndsay, Clement Little, and Alexander Syme: ffor Fyfe,
the Superintendant thereof, with the principall masters of the
Universitie: for Angus and Merns, the Laird of Dunn, William
Chrystisone, John Row, William Rynd, John Duncansone: ffor Aberdeen,
Mr John Craig, Alexander Arbuthnot, George Hay; and thir persones
to conveine, ilk cuntrie and rank in the places following, viz. The
wast in Glasgow; Lawthiane in Edinburgh; Fyfe in St Androis; Angus
in Montrose; the first Tuesday of June nixt to come, to confer
and advyse upon the said matter, and make generall meeting or
conventione, twa, or ane at leist, of ilk countrie above written,
in Striviling, the last day of July thereafter, to communicate and
cognosce upon their haill travells and labours taken therein, and to
conferr universallie together heirupone, and report what they have
fund and conteinit in the said matter, to the nixt Assemblie, qwhilk
is appoynt it to be in Edinburgh the 24th of October nixt to come. In
case a parliament, the Kirk ordaynes the ministers of Edinburgh to
make intimation heirof to the Bischops, Superintendants, and visitors
of countries, that the Kirk may be conveint four dayes before the
said parliament, and that the barrones and gentlemen be exortit to be
present with the commissioners appointit in the provinciall assemblie.
[THIRTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assembly, convenit at Edinburgh the 24th day of
October 1576, where there war present Bischopes of Glasgow and
Dumblane, Superintendants, Commissioners of Provinces, Townes,
and Universities. Mr John Craig, Moderator.
Sessio 2^a.
Mrs John Row, David Lyndsay, Patrick Adamsone, qwha war direct fra
the Assembly to suit my Lord Regent’s Grace’s presence at this
conventione, or qwhilks authorized be his Commissione, Reportit, That
the charge of the Kirk came so suddenly that he could not be present,
nor address his Commissioners thereto; alwayes, if the Kirk thinks
meit, he shall appoint certaine of the Councill to conveine with the
Commissioners, qwhilks the Kirks shall appoynt at sic tymes as the
Kirk shall thinke guide, to confer upon sic things as may further
God’s glory.
It is thought guide be the Kirk, that sic persones as are alreadie
pennit anent the policie of the Kirk as were ordayned the last
Assemblie, sould revisit all uthers things qwhilk shall be presently
gine in, sichtit and put in guide forme; and to that effect the
Kirk requests my Lord Chancellour, the Laird of Lundie, Mrs Andrew
Hay, Andrew Melvill, James Lawsone, John Durie, Robert Pont, James
Wilkie, rector of the Universitie of St Androis, John Row, George
Hay, Clement Little, to conveene at afternoone, and daily dureing the
Assemblie, to conferr the things already pennit, with uthers whilk
will be gine in and advysit thereupon, collectit together in good
forme, and present the same to the Assemblie, before the dissolving
thereof.
Because of the multitude of the books of Commissioners qwhilks are
to be examinit in the Generall Assemblies, and large tyme spendit
therein, besydes sic as are deput thairto knawis not the proceedings
of the said Commissioners, sa weil as their Synodall Assemblies:
Therefore, it is decreitit and statute be the Kirk present, that
the Books of the Visitors or Commissioners be tryit and scene in
their Synodall Assemblies, and subscribed be the clerks thereof, and
the maist pairt of the said Assemblie, and reportit againe to ilk
Generall Assemblie be the Commissioners, that the Kirk may consider
their diligence in their affaires.
The Assemblie present hes ordaynit, that all ministers and readers
within eight mylles, or wtherwayes at the discretione of the visitor,
shall resort to the place of the exercise ilk day of exercise, and
namely the ministers that should prophecie, and that should adde:
Qwhairin if aither of these twa failzie, that for the first fault,
in presence of the brethren of the exercise, upon their knees,
they confesse their offence; for the second, that they make the
lyke submissioune before the Synodall Assemblie; if they incurre
the third, that they be summoned before the Generall Assembly, and
receive discipline for their offence: and if they fall in the fourth
fault, that they be depryvit of their offices and functions of the
ministrie.
The Kirk giues commission to the Laird of Dun to summond Mr James
Fotheringhame before him, and to take tryall of the haynous sclander
of adulterie betwixt him and Margaret Lyndsay, and of ane pretendit
marriage alleadgit solemnizat and compleit betwixt them, and to
report his proceedings hereintill to the next Generall Assemblie;
with power also to him, to chairge the said Mr James and Margaret
Lyndsay, to separate themselfis from uthers, qwhill tryall be takin
of the said sclander, under the paine of excommunicatione; and giue
they disobey, to excommunicate them: and, in the meantyme, in respect
of the contempt of the Kirk, in not making his purgatione of the said
sclander before the said Superintendant, being thereto summoned, the
Assembly present suspends him from all sunshine and office within the
Kirk.
Sessio 3.
Anent the propositione of certaine brethren of the Assemblie,
declareand that the Regent’s Grace hes presentit Mr Patrick Adamsone
to the Bishopric of St Androis; and that be ordinance of the
Assembly, Bischops sould be tryit before them, or they be admittit
to the chaptor, Requyrand baith the counsell and advyse of the Kirk
herein: The said Mr Patrick answerit, that my Lord Regent’s Grace had
discharged him to proceed farther in this matter, in respect the said
act and ordinance of the Kirk is not accordit on; and therefore he
wald not medle further and make instance therein; qwhilk answer the
Kirk thocht sould be gine to my Lord Regent’s Grace be the chapter.
Sessio 4.
Mr Patrick Adamsone, John Row, and David Lyndsay, desyrit provisione
to be made for the visitors of countries, according to the division
and order takin in the Assembly, &c.
His Grace answerit concerning the visitors, that he would be advysit
with the rowes and the Collector, &c.
Alexander Hay, clarke to the Secret Councill, presented to the
Assembly certaine questiones, qwhairof he craveit decesioune for the
better expeditioune of the platt; declaring it to be my Lord Regent’s
Grace will, at the least so many as may now have resolutione.
It is thocht meit that the haill readers within this realme sall be
examinit and try it _de novo_ in their Synodall Assemblies; and if,
after examinatione, they be fund to want the qualities prescryvit
in the Booke of Discipline, to be deposit, and removit from their
offices: And sicklyke, that no reader within this realme minister
the holy sacrament of the Lord, except such as hes the word of
exhortatione.
Sessio 6.
It is thocht meit that in every parochine there be persones to make
sepulchres, quha sall notifie the names of the persones deceased to
the readers, that they may present the same to the commissioner to be
reportit to the Generall Assemblie.
Forswameikle as the Kirk and Commissioners present, advysidly
considering the greit prejudice and hurt done to the Kirk of God
be benificed persones within the ministrie, that setts taks and
feus of their benefices and ecclesiasticall livings, lands, rents,
tynds, and fruits of the samen, defraudand not only their successors
of that qwhilk justly sould pertayne to them, and quhairupone they
ought to be sustainit; but also bringand upon the Kirk be their
inordinat and corrupt dealing, infinite sclanders and inconvenients:
Therefore, with uniformitie of votes and mynds, they have resolvit
and concludit, that no beneficit persone within the ministrie,
Bischops, or uthers, sall sett fewes or tacks of their benefices,
or ecclesiasticall livings, lands, rents, teinds, and fruits of the
samine, or any part thereof, to whatsumever persone or persones,
without the advyce and consent of the Generall Assemblie of the Kirk;
and sicklyke, that no minister subscryve nor give their consent to
the said fewes or tacks, in any wayes, qwhill he sie the consent of
the Assemblie.
For better resolutione of the questiones gine in be Alexander Hay,
clerk of the Secret Councill, and expeditione of the matter of
the policie, the Kirk present hes ordaynit Mr John Craig, William
Chrystisone, George Hay, David Cunninghame, John Row, James Greige,
James Lawsone, David Lyndsay, Robert Pont, David Fargusone, Robert
Hammiltone, John Robertsone, John Erskine of Dunne, ane of the
visitors of Angus and Mearnes, if he beis present, to conveine the
next day after the dissolutione of this Assembly, and visite and
consider the heids of the policie, advyse and consult diligently
thereupon, and upon the saids questiones, and to report their
judgements thereanent, conceivit formerly in wreit, to the next
Assembly.
Anent the summonding of the Moderator, and Mr Andrew Hay,
Commissioners of Clyddisdaill, to compear before my Lord Regent’s
Grace and the Privie Councill, bringand with them the act of
ordinance, made be the Assembly for excommunicatione of the Captaine
of Crawfurd, with the act qwhairupon the same proceedit, that the
verity might be knawne; The Kirk ordaynes their brethren to appear
before my Lord Regent’s Grace and Councill, and give obedience, and
to report what beis done in that matter.
Returnand to the Assembly fra his Grace and Councill, they declarit,
that in respect they producit not the acts and ordinances forsaids,
qwhilks they excused be schortness of the charge and occupation of
the clark, His Grace and Councill lies suspendit the said sentence of
excommunicatione qwhill the productione of the saids acts; Qwhairfore
they protestit for the liberty of the Kirk.
The Assembly refuses to give libertie to the Bailzie of Dunfermling
to play upon the Sonday afternoone, ane certaine play qwhilk is not
made upon the canonicall parts of the Scripture, in respect of the
act past in the contrair.
Sessio 7^a.
The Assembly ordaynes Mr Robert Hamiltone to remaine still with the
ministrie of St Androis, and to leave the Provestrie of the New
Colledge as ane impediment and hinderance to his calling of the
ministrie, under the paine of the censures of the Kirk. Mr William,
Commissioner of St Androis, in name of the New Colledge and electors
of the said Mr Robert to the said Provestrie, dissentit from this
sentence: qwhairunto the said Mr Robert adherit, in respect, as he
alleadgit, the Kirk could not discharge him of the Provestrie, and
that he could not bear the burden of the haill Kirk of St Androis in
his owne persone.
Anent the Article teachit and professit be Mr Thomas Hepburne, That
never saull went to heaven before the latter day; The Kirk, after
publickly reading of the said Article, of ane mynde and ane voyce,
but exceptione, altogether damnit and detestit the said Article, and
adjudg it to be hereticall, false, and erroneous, contrarious to the
plaine and evident word of God, reveiled in his sacred Scriptures;
and, therefore, inhibits all and whatsumevir persones, publickly
or privately, to maintaine the said error, under the paine of the
censures of the Kirk; levand alwayes the said Mr Thomas to privie
conference with sic brether of the ministrie as he thinks good for
his resolutione in the said matter: and alwayes for consideratione
movand the Kirke presentlie, discharges the said Mr Thomas from
entering in the ministrie, qwhill the Kirk be farder advysit.
Anent the propositione of the brether of the Chapter of St Androis,
Declarand that my Lord Regent’s Grace hes presentit Mr Patrick
Adamsone to the Bishoprick of St Androis, and they beand of the
Chapter, in respect of the act and ordinance of the Generall
Assemblie, delayed their proceiding therein, desyrand the Assembly
present to proceed to the tryall of him, conforme to the said Act of
Generall Assemblie: The said Mr Patrick Adamsone being present, and
requyrit be the Assembly if he wald submit himselfe to the tryall and
examinatione of the Assemblie, and receave the office of a Bischope
according to the injunctiones of the Kirk? He answered, he could not
doe the same.
Salt-pannes, mylnes, and uther labouring, qwhilk drawes away
innumerable people from hearing the word of God, sould not be
permittit, and the violators to be debarrit from the benefites of the
Kirk, qwhill they make their repentance, and the continuers therein
to be excommunicat.
The Kirk will not presently resolve the questione, If a man or ane
woman divorcit for adulterie, aucht to be admittit to the second
marriage; But inhibites all ministers and readers to marrie sic
persones, under the paine of deprivatione _simpliciter_, without
any restitution in tymes cuming; and the persones so joynit, to be
chargit to separat themselves, conforme to the Act of the Assemblie
in Angus 1574.
Ane man that commits both adulterie and incest, sould be dowbly
punisched.
Ane minister or reader that tapis ale, beir, or wyne, and keeps ane
open taverne, sould be exortit be the Commissioners to keep decorum.
Qwhither if burrialls sould be in the Kirk or not? Answer, not; and
that the contraveeners be suspendit from the benefites of the Kirk,
qwill they make publick repentance.
Relapse in adultrie dowbly punischit.
Sessio 8.
Anent requisitione of the Assembly made to James, Bischop of Glasgow,
to give his answer if he will accept the charge of ane particular
flock and visitatione of sic bounds as the Kirk shall think good to
appoint to him, conforme to the acts concludit in the Assemblie. The
said Bischop beand present, exhibite to the Kirk his answer thereto
in wreit as follows:
Forswameikle as it is not unknawne to your wisdomes that ye gaue
Commissioune and charge to certaine learnit, godly, and discreet
brether of the ministrie and uthers, elders of the Kirk, to
commone, treate, conclude, and agrie, with certaine uther noblemen,
Commissioners from the King’s Majestie, John umquill Earle of Marr,
his Regent; att the qwhilk conference it was agriet be the haill
Commissioners, alswell of the King as of the Kirk, anent the name,
style, and jurisdiction of the Bischopes, with the forme and manner
of their institution, ordaynit to stand and remayne qwhill the
King’s yeares of minoritie, or at leist qwhill ane parliament sould
utherwayes decyde, and conforme to the order thairin contanit, he was
received in the said Bischoprick of Glasgow, and made his sermone
to the King’s Majestie in things pertayning his highness; and swa
giue he sould change or alter any thing pertayning to the order,
manner, or priviledges, or power of the samen, I sould be afrayed
to incurr perjurie, and might be callit be the King’s Majestie for
changing any member of his estate. But to the effect their wisdomes
may knaw he desyres not to be exemit to travell, and bestowing sic
gifts as God hes committit to him, he is content, at their command,
to haunt to ane particular kirk, and teach thereat when he dwells
in the sheriffdome of Aire, and that be discretione and sicht of
the brethren of that countrie; and, when he is in Glasgow, to
exercise lykewayes at some part where the brethren there thinks maist
necessarie, and to abyde their judgement of his diligence in that
behalfe, without binding him any wayes or prejudgeing the power of
jurisdictione qwhilk he receavit with the Bischoprick, unto the tyme
prescryvit in the conferrence that farder order be tane be the haill
estates thereuntill; at the qwhilk tyme he shall be content with all
reformatione as shall be fund expedient: Qwhilk answer beand read,
the Kirk continuet and continues the said Bischope in the visitatione
of the bounds qwhilks he had of before, to the nixt Assemblie, and
as to the particular flock, as is mentionat in his answer, to the
nixt Generall Assembly.
Anent the forme of repentance of the fornicators, the Kirk and
Commissioners present hes votit and concludit, that ane of the dayes
of their appearance to make repentance for their offence on ane
Sonday at ten houres before noon, in tyme of preaching, in presence
of the congregatione, and that double fornicators receive double
punischment for their offence.
[THIRTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assembly, conveinit att Edinburgh, in the Counsell
House, the first of October[16] 1577, qwhair war present
the Bischopes of Glasgow and Dumblaine, Superintendants,
Commissioners of Countries, Kirkes, and Universities,
Ministers, and uthers: Mr Alexander Arbuthnet, Principal of the
Colledge of Aberdeen, Moderator.
Sessio 1.
Because the said Mr Alexander, Moderator, was absent from the last
Assemblie, in that respect not foirseen of the things done therein,
at his desyre, the Kirk appoyntit the Laird of Dun, Mrs James
Lawsone, Robert Pont, David Lyndsay, Andrew Hay, John Craig, Andrew
Melvill, to conveine the morne with him at sevine houres in the
morneing, and advyse upon sic matters as sall be thocht good to be
handlit in this Assemblie. The principall argument to be intreatit in
this Assemblie is this, The Policie of the Kirk. The brethren deput
to the conceiving and forming of the heids thereof, being callit to
give ane account of their diligence, presentit the same as they had
made partitione thereof at their Assemblie at Streviling.
The heids pennit be Mrs James Lawsone and John Row were read, and
nothing again said, except ane of the said Mr Johnes articles
referrit to further disputatione; all men being requirit, that had
gude reasone or argument to propone in the contrarie, to alleadge
the same; or, if he wald not publicklie reasone upon the said heid,
to resort to the saids Commissioners, where travell sould be taken to
satisfie them, leivand to them to make argument as they think guide
against the same.
The Laird of Dunn thocht the heid gine to him obscure. The Kirk
desyrit him to conferr with the remanent Commissioners the morne at
seven houres, that he may be resolvit of the meining thereof. The
remnant heids beand prolixt, were thocht good to be contracted in
short propositiones to be presentit to publick reiding.
Sessio 2.
The heid committit to Mr Andrew Hay read in face of the Assembly.
Nothing was opponit against the same, except the article anent the
suspensione of Ministers, referrit to farther reasoning.
David Fargusone his part read: The 18th article was referrit, and
nothing spoken against the rest.
The pairts committit to Mr Andrew Hay, Robert Pont, David Lindsay:
nothing alleadgit in the contrare.
The heids remittit to Mr Johne Craige: some things were desyrit to be
contractit, and uthers referrit to farther reasoning.
The haill labours of the brethren tane upon the matter and argument
of the policie beand haillelie read in publick audience of the Kirk,
It was thocht expedient that their haill travells and wark in this
matter, being now dispersit, sould be revysit and pervysit be some
brethren, digestit and disposit in convenient order, to be thereafter
presentit to the Assemblie; and for that effect, the Kirk appoynts
their brethren Mrs James Lawsone, Andrew Melvill, Johne Craig,
and George Hay, to convene together, appoint the houres and place
thereto, and to remaine thereat whill the matter be brought to an
end; and in the meane tyme, if it please any man to reasone with them
in the matter, to have access thereto.
Sessio 4.
Anent the accusation laid against Mr Patrick Adamsone, callit
Bischope of St Androis, that he had enterit in the said Bishoprick
againes the Acts of the Generall Assembly, and usurpit the office
of Visitatione within the bounds of Fyfe, unauthorised be the
Commissione, or power of the Kirk, and left his ordinar office of
ministrie, The Generall Kirk, in respect of his absence to answer
hereto, Gives their full power and Commissione to Mr Robert Pont,
James Lawsone, David Fargusone, and Superintendant of Lawthiane,
conjunctlie; and, in caise of the said Superintendant’s inabilitie,
to Mr David Lyndsay, or John Brand, to direct out summonds against
the said Mr Patrick, summonding him before them at sic day or dayes
as they shall thinke good, within the towne of Edinburgh, to try
and examine his entrie, and proceeding to the said Bishoprick,
usurpation of the said office of Visitation, and deserting his said
office of ministrie qwhilk he had of before; with power to them to
summond the Chaptor of St Androis, or so many of them as shall seem
to them expedient, if need require, and the ordinarers or inaugurers
of the said Mr Patrick, as they shall think good, for the better
tryall of the premisses: And what herein they finde be proces of
excommunication, to report againe to the next Generall Assembly;
and, in the mean tyme, in the name of the Kirk, to discharge him of
farther visitation of the saids bounds qwhill he be admittit be the
Kirk.
Sessio 5.
The Kirk fand, that James Blackwood, because he brookit twa
benefices, the personage of Sanquhair and viccarage of Saline, should
demitt the ane of the saids benefices.
Sessio 6.
It was thocht expedient be the Kirk, that certaine of the brether
be direct to the Regent’s Grace to informe him that the Kirk is
travelling in the matter and agreement of the policie, and what beis
farther proceidit theirin, his Grace shall receive advertisement,
before the end of the Assemblie. In this meane tyme, sundrie
inconvenients may fall out before the same be perfytit, qwhilks it
wald please his Grace to consider ane remeid; and for this effect
was dispatchit from this Assembly, Mrs David Lyndsay, and John
Duncansone, who returnit and reportit, his Grace lyked well of their
travells and laboures tane in that matter, requireing expeditione and
hastie outtred thereof: As for the particulars they informe wald be
occurred, let them be gine, they shall have good answer.
Sessio 8.
The particulares of sic things as are desyret to be ordainit by
my Lord Regent’s Grace before the wark of the policie cam out,
being conceivit in a few articles, quhilk after shall appear, were
delyvrit to the Kirk be thair brether Mrs David Lyndsay, Andrew
Polwart, and John Duncansone, to be proponit to his Grace to that
effect, to await afternoone for his Grace answer; qwho returning,
reportit his Grace answer to us, That if the articles might be
resolvit be himselfe without the councill, they should receive his
answer the morne, in the morning, wtherwayes the Councill should be
convenit the morne afternoone, and thereafter answer should be gine
to sik as the Kirk direct to receive the same; for the quhilk effect,
the Kirk direct Mr John Craige and David Lyndsay.
The tenor of the Articles above specifeit.