Chapter VII: Part 7

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.