Chapter 82

The Generall Assemblie of the Kirk of Scotland, halden at Glasgow the 8 of Junii 1610 years, where was present the King’s Commissioners, viz. the Earle of Dumbarr with the Bischopes, with the Commissioners of Presbytries.

The Generall Assemblie of the Kirk of Scotland, halden at Glasgow the 8 of Junii 1610 years, where was present the King’s Commissioners, viz. the Earle of Dumbarr with the Bischopes, with the Commissioners of Presbytries.

Moderator,

Follows the Heads and Articles concernyng the discipline of the Kirk to be observit in all tyme coming.

Follows the Heads and Articles concernyng the discipline of the Kirk to be observit in all tyme coming.

In the first, it is declarit that the allegit Assemblie haldin at Aberdeen is null in the self, speciall in respect it had not his Majestie’s allowance, and was dischargit be his Majestie’s Commissioner.

And because necessitie of the Kirk craves that for order taken with the common enemie and uther affaires of the Kirk, there shall be yearly Generall Assemblies, the condition whereof the Assemblie acknowledges to appertayne to his Majestie be the prerogative of his royall crowne; and, therefore, the Generall Assemblie maist humbly requests his Majestie, that Generall Assemblies be halden ance in the year, or at the liest, in respect of the necessitie forsaid, that his Majestie wold appoynt ane certaine tyme at the quhilk the samen shall be halden precisely in all tyme coming.

Item, It is thocht expedient that the Bischops shall be Moderators in every diocesane Synod, and the Synods shall be halden twyse in the year, of the Kirks of every diocie, viz. in Aprill and October. And quher, as the diocies are large, that there be two or three Synods in convenient places for ease of the ministry.

Item, That no sentence of excommunicatione or absolutione therefra be pronuncit againes or in favours of any persone without the knowledge and approbatione of the Bischop of the diocie, quho most be answerable to his Majestie for all formall and impartiall proceedings therein; and the proces being found formall, the sentence to be pronuncit at the directione of the Bischop, be the minister of the paroche quhere the offender dwells and their proces began.

And in caice the Bischop shall be found to have stayed the pronuncing of the sentence against any persone that hes merite the same, and against quhom the proces has been lawfully deducit, that advertisement shall be made to his Majestie to the effect ane uther may be placit in his rowme.

Item, That all presentationes heirafter be direct to the Bischop; and upon any presentatione given or utherwayes sute made be any to be admittit to the ministry, the Bischop is to requyre the ministry of these bounds qwhere he is to serve, to certifie by their testificat unto him of the partie suiter, his conversatione past, his abilitie and qualificatione for the functione; and upon returne of their testificat, the Bischop is to take harder tryall, and finding him qualifyed, and beingassistit be such of the ministry of the bounds qwhere he is to serve as he will assume to himself, he is then to perfect the haill act or ordinatione.

Item, In depositione of ministers, the Bischope associating to himself the ministry of these bounds qwhere the delinquent serves, he is then to take tryall of his fault, and upon just cause found, to deprive him.

Item, That every minister, in his admission, shall swear obedience to his Majestie and his ordinar, according to the forme sett downe in the conferrence keepit in the year of God 1567, qwhereof the tenorfollows:—

The Forme of the Oath to be given to the Persone provydit to any Benefice with Cure, the tyme of his Admission be the Ordinar.

The Forme of the Oath to be given to the Persone provydit to any Benefice with Cure, the tyme of his Admission be the Ordinar.

I, A. B., now nominat and admittit to the G. of K., utterly testifies and declares on my conscience, that the richt excellent, richt hiche and mighty Prince James the Sixt, be the grace of God King of Scotts, is the only lawfull, supreame governour of this realme, alsewell in things temporall as in conservatione and purgatione of religione, and that no forraigne Prince, Prelat, nor Potentate, hes or oucht to have jurisdictione, power, superioritie, preheminence or authority, ecclesiasticall and spirituall, within this realme; and therefore I utterly renunce and forsake all forraine jurisdictiones, powers, superiorities, auctoritie, and promises; that from this furth, I shall and will bear faith and trew alleadgeance to his Hienes, his airs, and lawful successors, and to my power shall assist and defend all jurisdictions, priviledges, preheminences, and auctorities grantit and belangand to his Hienes, his airs, and lawfull successors, or united and annexed to his Royall Crowne: And farther, I acknowledge and confesse to have and hald the said G. possessions of the same (under God only) of his Majestie and Crowne Royall of this realme: and for the saids possessiones, I do homage presently unto his Hienes in your presence, and to his Majestie, his aires, and lawful successors, shall be faithful and trew: Swa help me God.

Item, The visitatione of ilk diocie is to be done be the Bischop himselfe; and if the bounds shall be greater than he can overtake, he is then to make speciall choyce, and to appoynt some worthy men to be visitors in his place; and quhatever minister, without just cause and lawfull excuse made, shall absent himselfe from the visitatione of the diocesian Assemblie, he shall be suspendit from his office and benefice, and if he amend not, he shall be depryvit.

Item, Exercise of doctrine to be continowit weekly amangst the ministers at the tymes of their accustomed meetings, and to be moderatit be the Bischope, if he be present, or then be ane uther quhom he sall appoynt at the tyme of the Synod.

Item, The Bischope shall be subject in all things concerning his life, conversation, office, and benefice, to the censure of the Generall Assemblie, and being found culpable, with his Majestie’s advyce and consent, to be depryvit.

Item, That no Bischop be electit but who hes past the age of fourty years compleat, and quha at liest hes been an actuall teaching minister ten years.

Qwhilks haill articles being diverse tymes publickly read in the face of the haill Assemblie conveinit, after voteing, the samen was ratified, approven, and concludit be the haill Assemblie, and ordaynit to be observit in all tyme comeing.

Forsuameikle as in this present Assemblie it is already statute, that the exercises shall be moderat be the Bischopes in the meitings of the ministry, if they be present, or then be any uther qwham they shall appoynt at the tyme of the Synod, and because the next Synod is not to be holden before the month of October nixt to come, therefore it is ordaynit, that in absence of the Bischope, ane constant Moderator shall remaine in their owne places qwhill the next Synod be holden in October.

Item, Because it is uncivill that laws and constitutions, either civill or ecclesiasticall, being ance established, and in force by publick opinion and consent, should be controllit and callit in question be any persone, therefore it is statute by uniforme consent of this haill Assemblie, that none of the ministry, either in pulpit in his preaching, or in the publicke exercise, speake and reasone against the acts of this present Assemblie, nor disobey the same under the paine of deprivatione, being tryit and convict thereof; and specially that the question of equalitie and inequalitie in the kirk, be not treatit in the pulpit under the said paine, and that every ane of the Commissioners present intimat this act in the first meeting of their services.

Extract furth of the Registre of the Acts of the Generall Assemblie be Mr Thomas Nicolsone, Commissar of Aberdeen, Clerke, Keeper and Extractor heirof.[54]

Extract furth of the Registre of the Acts of the Generall Assemblie be Mr Thomas Nicolsone, Commissar of Aberdeen, Clerke, Keeper and Extractor heirof.[54]


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