Part 16

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.