Part 15
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.