[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.
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 compearitnot, 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 behad 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 5a.
Ordaynes ane article to be made to the Lords of the Sessione for the ministers and readers, that they may have expeditione of theirproces pursuit before them, that they be not abstractit from their charges.
Sessio 6a.
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 Assemblyde 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 theLord’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.