[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.
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 2a.
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 lykesubmissioune 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 forthe better expeditioune of the platt; declaring it to be my Lord Regent’s Grace will, at the least so many as may now have resolutione.
It is thocht meit that the haill readers within this realme sall be examinit and try itde novoin their Synodall Assemblies; and if, after examinatione, they be fund to want the qualities prescryvit in the Booke of Discipline, to be deposit, and removit from their offices: And sicklyke, that no reader within this realme minister the holy sacrament of the Lord, except such as hes the word of exhortatione.
Sessio 6.
It is thocht meit that in every parochine there be persones to make sepulchres, quha sall notifie the names of the persones deceased to the readers, that they may present the same to the commissioner to be reportit to the Generall Assemblie.
Forswameikle as the Kirk and Commissioners present, advysidly considering the greit prejudice and hurt done to the Kirk of God be benificed persones within the ministrie, that setts taks and feus of their benefices and ecclesiasticall livings, lands, rents, tynds, and fruits of the samen, defraudand not only their successors of that qwhilk justly sould pertayne to them, and quhairupone they ought to be sustainit; but also bringand upon the Kirk be their inordinat and corrupt dealing, infinite sclanders and inconvenients: Therefore, with uniformitie of votes and mynds, they have resolvit and concludit, that no beneficit persone within the ministrie, Bischops, or uthers, sall sett fewes or tacks of their benefices, or ecclesiasticall livings, lands, rents, teinds, and fruits of the samine, or any part thereof, to whatsumever persone or persones, without the advyce and consent of the Generall Assemblie of the Kirk; and sicklyke, that no minister subscryve nor give their consent to the said fewes or tacks, in any wayes, qwhill he sie the consent of the Assemblie.
For better resolutione of the questiones gine in be Alexander Hay, clerk of the Secret Councill, and expeditione of the matter of the policie, the Kirk present hes ordaynit Mr John Craig, William Chrystisone, George Hay, David Cunninghame, John Row, James Greige, James Lawsone, David Lyndsay, Robert Pont, David Fargusone, Robert Hammiltone, John Robertsone, John Erskine of Dunne, ane of the visitors of Angus and Mearnes, if he beis present, to conveine the next day after the dissolutione of this Assembly, and visite and consider the heids of the policie, advyse andconsult diligently thereupon, and upon the saids questiones, and to report their judgements thereanent, conceivit formerly in wreit, to the next Assembly.
Anent the summonding of the Moderator, and Mr Andrew Hay, Commissioners of Clyddisdaill, to compear before my Lord Regent’s Grace and the Privie Councill, bringand with them the act of ordinance, made be the Assembly for excommunicatione of the Captaine of Crawfurd, with the act qwhairupon the same proceedit, that the verity might be knawne; The Kirk ordaynes their brethren to appear before my Lord Regent’s Grace and Councill, and give obedience, and to report what beis done in that matter.
Returnand to the Assembly fra his Grace and Councill, they declarit, that in respect they producit not the acts and ordinances forsaids, qwhilks they excused be schortness of the charge and occupation of the clark, His Grace and Councill lies suspendit the said sentence of excommunicatione qwhill the productione of the saids acts; Qwhairfore they protestit for the liberty of the Kirk.
The Assembly refuses to give libertie to the Bailzie of Dunfermling to play upon the Sonday afternoone, ane certaine play qwhilk is not made upon the canonicall parts of the Scripture, in respect of the act past in the contrair.
Sessio 7a.
The Assembly ordaynes Mr Robert Hamiltone to remaine still with the ministrie of St Androis, and to leave the Provestrie of the New Colledge as ane impediment and hinderance to his calling of the ministrie, under the paine of the censures of the Kirk. Mr William, Commissioner of St Androis, in name of the New Colledge and electors of the said Mr Robert to the said Provestrie, dissentit from this sentence: qwhairunto the said Mr Robert adherit, in respect, as he alleadgit, the Kirk could not discharge him of the Provestrie, and that he could not bear the burden of the haill Kirk of St Androis in his owne persone.
Anent the Article teachit and professit be Mr Thomas Hepburne, That never saull went to heaven before the latter day; The Kirk, after publickly reading of the said Article, of ane mynde and ane voyce, but exceptione, altogether damnit and detestit the said Article, and adjudg it to be hereticall, false, and erroneous, contrarious to the plaine and evident word of God, reveiled in his sacred Scriptures; and, therefore, inhibits all and whatsumevir persones, publickly orprivately, to maintaine the said error, under the paine of the censures of the Kirk; levand alwayes the said Mr Thomas to privie conference with sic brether of the ministrie as he thinks good for his resolutione in the said matter: and alwayes for consideratione movand the Kirke presentlie, discharges the said Mr Thomas from entering in the ministrie, qwhill the Kirk be farder advysit.
Anent the propositione of the brether of the Chapter of St Androis, Declarand that my Lord Regent’s Grace hes presentit Mr Patrick Adamsone to the Bishoprick of St Androis, and they beand of the Chapter, in respect of the act and ordinance of the Generall Assemblie, delayed their proceiding therein, desyrand the Assembly present to proceed to the tryall of him, conforme to the said Act of Generall Assemblie: The said Mr Patrick Adamsone being present, and requyrit be the Assembly if he wald submit himselfe to the tryall and examinatione of the Assemblie, and receave the office of a Bischope according to the injunctiones of the Kirk? He answered, he could not doe the same.
Salt-pannes, mylnes, and uther labouring, qwhilk drawes away innumerable people from hearing the word of God, sould not be permittit, and the violators to be debarrit from the benefites of the Kirk, qwhill they make their repentance, and the continuers therein to be excommunicat.
The Kirk will not presently resolve the questione, If a man or ane woman divorcit for adulterie, aucht to be admittit to the second marriage; But inhibites all ministers and readers to marrie sic persones, under the paine of deprivationesimpliciter, without any restitution in tymes cuming; and the persones so joynit, to be chargit to separat themselves, conforme to the Act of the Assemblie in Angus 1574.
Ane man that commits both adulterie and incest, sould be dowbly punisched.
Ane minister or reader that tapis ale, beir, or wyne, and keeps ane open taverne, sould be exortit be the Commissioners to keep decorum.
Qwhither if burrialls sould be in the Kirk or not? Answer, not; and that the contraveeners be suspendit from the benefites of the Kirk, qwill they make publick repentance.
Relapse in adultrie dowbly punischit.
Sessio 8.
Anent requisitione of the Assembly made to James, Bischop of Glasgow, to give his answer if he will accept the charge of ane particular flock and visitatione of sic bounds as the Kirk shall think good to appoint to him, conforme to the acts concludit in the Assemblie. The said Bischop beand present, exhibite to the Kirk his answer thereto in wreit as follows:
Forswameikle as it is not unknawne to your wisdomes that ye gaue Commissioune and charge to certaine learnit, godly, and discreet brether of the ministrie and uthers, elders of the Kirk, to commone, treate, conclude, and agrie, with certaine uther noblemen, Commissioners from the King’s Majestie, John umquill Earle of Marr, his Regent; att the qwhilk conference it was agriet be the haill Commissioners, alswell of the King as of the Kirk, anent the name, style, and jurisdiction of the Bischopes, with the forme and manner of their institution, ordaynit to stand and remayne qwhill the King’s yeares of minoritie, or at leist qwhill ane parliament sould utherwayes decyde, and conforme to the order thairin contanit, he was received in the said Bischoprick of Glasgow, and made his sermone to the King’s Majestie in things pertayning his highness; and swa giue he sould change or alter any thing pertayning to the order, manner, or priviledges, or power of the samen, I sould be afrayed to incurr perjurie, and might be callit be the King’s Majestie for changing any member of his estate. But to the effect their wisdomes may knaw he desyres not to be exemit to travell, and bestowing sic gifts as God hes committit to him, he is content, at their command, to haunt to ane particular kirk, and teach thereat when he dwells in the sheriffdome of Aire, and that be discretione and sicht of the brethren of that countrie; and, when he is in Glasgow, to exercise lykewayes at some part where the brethren there thinks maist necessarie, and to abyde their judgement of his diligence in that behalfe, without binding him any wayes or prejudgeing the power of jurisdictione qwhilk he receavit with the Bischoprick, unto the tyme prescryvit in the conferrence that farder order be tane be the haill estates thereuntill; at the qwhilk tyme he shall be content with all reformatione as shall be fund expedient: Qwhilk answer beand read, the Kirk continuet and continues the said Bischope in the visitatione of the bounds qwhilks he had of before,to the nixt Assemblie, and as to the particular flock, as is mentionat in his answer, to the nixt Generall Assembly.
Anent the forme of repentance of the fornicators, the Kirk and Commissioners present hes votit and concludit, that ane of the dayes of their appearance to make repentance for their offence on ane Sonday at ten houres before noon, in tyme of preaching, in presence of the congregatione, and that double fornicators receive double punischment for their offence.