[THIRTY-NINTH GENERAL ASSEMBLY.]
The Generall Assembly, convenit at Edinburgh, the 24th of October 1578, in the Nether Councell-house, where there was present the Commissioners of Countries, Provinces, Townes, and Universities.
The Generall Assembly, convenit at Edinburgh, the 24th of October 1578, in the Nether Councell-house, where there was present the Commissioners of Countries, Provinces, Townes, and Universities.
Sessio.
Exhortation made be Mr John Row. Leets, Mr Andrew Hay, Thomas Smetone, David Fargysone: The said David was chosen Moderator be pluralitie of votes. Mrs James Lawsone, Andrew Melvill, John Row, Andrew Hay, Thomas Smetone, John Craige, Robert Pont, Assessors.
The Noblemen in the Towne for the present were desyrit to be present in the Assembly.
Sessio 2.
In respect that at the desyre of the Assemblie, certain of the nobilitie were convenit, viz., my Lord Chancellour, the Earle Montrose, my Lord Setone, my Lord Lindsay, it was exponit and schawne be the Moderator of this Assemblie in name of the Kirk, qwhat care and studie the Kirk of God had taine to intertaine and keep the puritie of the sincere word of God unmixt with the inventions of their awne heids, qwhilk their speciall care was to reserve to the posteritie heirafter; and, seeing that the trew religione is not able to continew nor indure lang, without a good discipline and policie, in that part have they also imployit their witt and study, and drawne furth of the pure fountaines of God’s word sic a discipline as is meet to remayne within the Kirk, whilk they presentit to the King’s Majestie with their supplicatione, at whais discretion certain Commissioners were appoyntit to reasone with sic as were deput be the Kirk, where the haill matter beand disput was resolvit, and agriet, to a few heids, and thereafter againe presentit to the Lords of the Articles, that the said discipline may take place andbe establischit be the actes and lawes of the realme, qwhairin, nottheless, their travells hes not succeeded; prayand, therefore, the nobilitie present, alswell openly to make profession to the Kirk if they will allow, affirme, and maintaine the religion presently establischit in this realme, as also the Policie and Discipline already spoken of, and labour at the King and Councill’s hands for ane answer to the heads after following, to witt; That his Grace and Councill will establish such heids of the policie as was alreadie resolvit and agreit upon be the saids Commissioners, and cause sic uthers as was not fully agreit to be reasoned and put to ane end, and that his Grace and Councill will restore the Kirk to the act of parliament concerning the thirds, and that nane vote in parliament in name of the Kirk, except sic as shall have commissione of the Kirk to that effect, and that presentationes of benefices be direct to the Commissioners of Countries where benefices lyis: And to the effect that the matter may be the better and sooner exped, that their Lordships wald appoynt sic tyme convenient thereto as they may best spare, that sic of the brether that beis namit thereto may await upon their honors. Theirunto the said Noblemen answerit, that a pairt of them had made publick professione of this religion before, and alwayes now they declare they confesse the religion presently profest within this realme, and shall maintaine the same to their power. As to the rest, they think good the King and his Councill be suitit, and they shall insist with the Kirk for answer thereto;—the tyme to that effect, to the Kirk, the morne.
Sessio 5.
Anent the Act made in the last Assembly concerning the Suspension of Visitors fra giving collatione of benefices to any persone by the ministers serving actuallie at the Kirks where the saids benefices lyes; The Kirk ordayns the said Act to stand in full effect and strength whill the next Assemblie, where the matter being newly proponed may be farther resolvit.
Anent the Submissione of Mr James Boyd, Commissioner of Kyll and Carrick, to the Generall Assemblie, conforme to the Act made in the last Assembly, and the reasoning had be him be the Moderator and brethrene appoyntit thereto, the forsaid brether being present thoucht best he sould publish his awne answer to the haill brether for satisfactione of them, who gave in his answer in wreit as follows:
I understand, the name, office, and modest reverence borne to a Bischope to be lawfull and allowable be the Scriptures of God; and, beand electit be the Kirk and King to be Bischop of Glasgow, I esteem my calling and office to be lawfull: And, as anent my executione of that charge committit to me, I am content to indeavour at my outermost abilitie to performe the same and every poynt thereof, and to abyde the honourable judgements of the Kirk from tyme to tyme, of my offending by my dewtie; craving alwayes a brotherly desyre at their hands, seeing the charge is weichtie; and in the laying to be lait to my charge to be examined be the cannone left be the apostle to Timothie, 1 and 1 cap., seeing that place was appointit to me at my receipt.
To understand therefrom the dewties of a Bischope: As toward my living, and rents, and uthers things grantit be the Prince to me, I reckon the same lawfull: As to my dewtie to the supreame magistrat; in assisting his Grace in Councill or parliament, being cravit thereto, I esteem my subjection compels me to obey the same, and no hurt but an well to the Kirk that some of our number be at the making of good laws and ordinances; in the doeing whereof I protest before God never to doe any thing but that I believe shall stand with the puritie of the Scripture and a weill reformit countrie, as also a good part of the living I brook being gine for that only cause.
Qwhilk being read in open Assemblie and considerit, after voting of the haill brethren, was adjudged to be no answer to the Act, nor to satisfie the desyre thereof, alwayes was reqyrit that afternoone he sould returne with better advyce as the Kirk wished at God he sould do.[18]
Sessio 8.
The Assembly hes votit and concludit that all sic persones as are alreadie, or heirafter shall be deposit for their offences from their functions of the ministrie, shall be chargit be the Commissioners of the countries to dimit the saids benefices and livings possesst be them, to the effect uthers may be provydit thereto that may travel in the said functione, under the paine of excommunication to be execute against them, qwherein if they faillie, after admonitiones, toproceed with the sentence of excommunicatione against them, under the paine of suspensione of them from the ministrie dureing the will of the Kirk, and that this act be execut against the Bischope of Dunkeld and minister of Saline be the Commissioners of the countrie where they dwell, betwixt and the next Assemblie, under the paine forsaid.
Forsuameikle as the Bischops are to be chairgit to remove their corruptiones in that estate, the Kirk nominat the speciall corruptions whilk they desire sic as will submitt them to the said Assembly to correct, with promise, that giue the Generall Kirk hereafter shall find farther corruptiones in the said estate, nor heirto is exprest, that they be content to be reformit be the said Assemblie according to the word of God when they shall be requyrit thereto: 1. That they be content to be pastors and ministers of ane flock: 2. That they usurp no criminall jurisdictione: 3. That they vote not in parliament in name of the Kirk without commissione from the Kirk: 4. That they take not up for the maintenance of their ambitione and covetousness, the emoluments of the Kirk, whilk may sustaine many pastors, the schools, and the poor, but be content with reasonable living according to their office: 5. That they claime not to themselves the titles of Lords temporall, neither usurp temporall jurisdictione, quhairby they are abstractit from their office: 6. That they take no farther bounds of visitatione nor the Kirk committeth to them: 7. That they impyre not above the particular elderschipes, but be subject to the same: 8. That they usurp not the powers of the pastors.
The Assembly depryvit Mr Hector Douglass from his office of function of the ministrie as woundit and unable therefor, and ordaynes him to be chargit be the commissioners of the countrie to dimit his benefice, and if he refuises after admonitiones, to proceed with excommunicatione against him, under the paine of suspensione of the said commissioner from his office of the ministrie dureing the will of the Kirk.
Forswamikle as there is diverse persones within this realme that sends their children, being within age, furth of the countrie over sea to places where superstition and Papistrie is mayntainit, upon pretence of seeking farther instructione and learning, as also uthers, beand of perfect age, transports themselves out of the realme upon the same pretence, whairthrow they become for the maist part corrupt in religione, as be evident experience is daylie seen; For remiedheirof, the Generall Assembly hes advysit and concludit, that the parents of sic children as within their minoritie sends them to the saids places, or heirafter shall send them where the said Papistrie is teachit and maintainit, shall be chargit be their own ministers to call back their children from the saids places with all convenient expeditione, under the paine of excommunicatione; and if they disobey, to proceed against them; and sic as are of perfect age, that already are past out of the countrie to the saids places, or in tyme comeing, shall pass thereto, shall in like manner be chargit to remove themselves therefra under the semblalle forme to be execute against them; and if they disobey, to be excommunicat be the minister of the place where they remainit before their departing out of the countrie.