A. D. M.D.LXXVI.
The Generall Assemblie conveinit at Edinburgh, the xxiiij day of
October 1576: Wher there was present the Bischops of
Glasgow and Dumblane, Superintendents, Commissioners of Provinces, Townes, and Vniversities. Mr John Craig [Minister of
[In the tryal of Bishops, Superintendents and Commissioners, Mr
Andrew Clayhills, Commissioner of Tiviotdale, was complained upon,
That, after he had discharged the Minister of Ankrom to baptize a mans
child, who had an idol in his house, he himself came after, and caused the
said Minister to pass out of his pulpit, and baptized the bearne, whereupon
a shisme followed in his congregation: 2dly, He had refused to give
forth and edict, as the Synodall Assembly had ordained, to summond persons
who had not repaired to the Communion: 3dly, He would not be tryed
be the Synodall Assemblie, as they were be him, but said that he would be
superior over them: Fourthly, That he restored two Readers who were
suspended be the said Assembly, within eight days after their suspension,
without their advice. To the first, he answered, He baptized the said
bearn, becaus after that George Johnston, Minister, had resused to baptize
him at his command, the woman who bear the bearn, conceived displeasure
and dyed; whereupon her husband conceived a deadly seed against the
Minister, and would not suffer him to baptize the bearne; alwise, after
promise taken to put away his idol, for eshewing of greater inconvenience,
he baptized the bearn. The 2d and 3d he denyed. As to the last, He
restored the Reader with consent of the brethren.
Mr George Hay, Commissioner of Cathness, at the desire of the Assembly, rendered up his commission, as also did the rest of the Commissioners
who were present. Mr Andrew Hay, John Duncanson, Mr Peter
Watson, Mr John Row, were not only willing to give up their commissions,
but also craved to be exhonered therof. C.]
Mr John Row, David Lindesay, Patrick Adamsone, were directit fra
the Assemblie to sute my Lord Regents Graces presence at this Convention, or vthers authorizit with his commissioun.
[The brethren directed to my Lord Regents Grace] reportit, That the
charge of the Kirk came so suddenlie [to him] that he could not be present,
nor addresse his Commissioners thereto: Alwayes, if the Kirk thinks
meitt, he sall appoint certaine of the Counsell to conveine with the Commissioners quhilk the Kirk sall appoint, at sick tymes as the Kirk sall think
good, to conferre vpon sick things as may further the glorie of God.
[Forsamekle as the Assembly preceeding had given commission to some
of the brethren to consult upon the matter of the Policie of the Kirk, and
to report their judgment contained formalie in writt to this Assemblie,
wherein some travels have been taken be the brethren, and something
penned: C.] It is thought good be the Kirk, That sick things as are
alreadie pennit anent the Policie of the Kirk, as was ordainit be the last
Assemblie, should be revisit, and vther things quhilk salbe presentlie given
in, sightit and put in good forme [and order:] And to that effect the
Kirk requeists my Lord Chancellar, the Laird of Lundie, Mr Andro Hay,
Andro Melvill, James Lowsone, Johne Durie, Robert Pont, James Wilkie,
Rector of the Vniversitie of Sanct Androes, Johne Row, George Hay,
Clement Litle, to conveine at afternoone, and daylie dureand the Assemblie, at sick hours as they aggrie vpon, to conserre vpon the things already
pennit, with vthers quhilk wilbe given in, and advyse therevpon, collect
together in good forme, and present the same to the Assemblie, befor the
Because of the multitude of the bookes of Commissionars quhilks are to
be examinat in the Generall Assemblies, and large tyme spendit therin;
besyd sick as are deput thereto knows not the proceidings of the saids
Commissioners sa weill as thair Synodall Assemblies: Therfor, it is decreit
and statute be the Kirk present, That the bookes of the Visitors and Commissioners be tryit and sein in there Synodall Assemblies, and subscryvit be
the Clerks therof, and the most part of the said Assemblie, and reportit
againe to ilk Generall Assemblie be the Commissioners, that the Kirk may
consider thair diligence in thair offices.
[The Assembly remembring the Bishop of Murrey his admission to stand
yet under question, and that he, with his Chapter, was ordained to have
been summoned to sundrie Assemblies, to have heard trial taken of the
said process, with certification, if they compeared not, the samen should be
declared null and void in itself in tymes coming, and yet nothing done,
hath ordained summonds to be direct, summoning him, with the Chapter
foresaid, To produce the said process, and hear trial taken therein, the
second day of the next Assembly, with certification, if they compeared not,
the same shall be declared null and void in the self in times coming; to
be execut be their brethren, Mr George Hay, &c.
Forsamekle as the dishaunting and intermission of Exercise almost every
where is greatly lamented, and the chief reason thereof is for lack of
penaltie and punishment of such as either should prophesie themselves, or
occupy the second place of Addition: Therefore C.] The Assemblie
present hes [thought meet and] ordainit, That all Ministers and Reidars
within aught myles, or vtherwayes at the good discretioun of the Visitor,
sall resort to the place of Exercise ilk day of Exercise, and namelie the
Ministers that sould prophecie, and that sould adde: Quherin if either of
these two failzie, That, for the first fault, in presence of the brethren of the
Exercise, vpon thair knees they consesse thair offence; That, for the
second, they make the lyke submissioun before the Synodall Assemblie;
if they incurre the thrid, That they be summoned befor the Generall
Assembly, and receive discipline for their offence; and if they fall in the
fourth sault, That they be depryvit of thair offices and functiouns of the
The Kirk gives commission to the Laird of Dunne to summound Mr
James Fotheringame befor him, and to take tryall of the slander of haynous
adulterie betuixt him and Margret Lindesay, and of ane pretendit mariage
alledgit solemnizat and compleit betuixt them, and to report his proceiding
heirintill to the next Generall Assemblie; with power also to him, to charge
the said Mr James and Margret Lindesay to separate themselves sra vther,
quhill tryall be takin of the said slander, under the paine of excommunication; and if they dissobey, to excommunicat them: And, in the meane
tyme, in respect of the contempt of the Kirk, in not making his purgatioun
of the said slander befor the said Superintendent, being thereto summoned,
the Assemblie present suspends him sra all functioun and office within the
Anent the propositioun of certaine brethren of the Assemblie,
declarand that the Regents Grace hes presentit Mr Patrick Adamsone to the Bishoprick of Sanct Androes, and that, be the ordinance
of the Assemblie, Bischops sould be tryit befor them, befor they be admittit be the Chapter, Requyreand both the counsell and advyse of the
Kirk herein: The said Mr Patrick being present ansuerit, That my Lord
Regents Grace had dischargeit him to proceid farther in this matter, in
respect he said act and ordinance of the Kirk is not accordit on; and
therfor he wald not midle farther and make instance therein; quhilk
ansuer the Kirk thocht sould be given be the Chapter to my Lord Regents
[The Assembly thought meet, that Mr Patrick Adamson, Mr John
Row and Mr David Lindsay notisie to the Regents Grace the order to be
taken for the Visitors of Countries, and what number the Assembly thinks
good, according to the division of the bounds, with the names of the
Visitors, if he shall require; desiring provision to be made for them, and
to returne his Graces ansuer again.
The brethren direct to the Regents Grace, to know his Graces will
concerning the Visitors, returned his answer, That he would be advised
with the rolls and the Collectour. C. & B.]
[The Assembly continueth all the Commissioners that were appointed in
the last Assemblie, except Mr John Gairdin, in their offices till the next
Assembly; and in place of the said Mr John Gardin, gives commission to
John Vre to visit the bounds appointit to the said Mr John of before.
Mr Andrew Hay protested, That he be not oblished to farther than he
may doe reasonably upon his own expenses, otherwayes accepteth not the
The same day, C.] Alexander Hay, Clark to the Secreit Counsell,
presentit to the Assemblie certaine questiouns, quherof the creveit decision
for the better expedition of the platt; declaring it to be my Lord Regents
Graces will, at the least so many as now may [goodly] have resolutioun;
[that others of greater importance and difficulty be reserved to better opportunitie.]
[The Questions are not extant in the Register of the Assembly, but the
tenour of them found in a certain copy, followeth:—
1. Ought there to be any degrees of dignitie, and order among Ministers, in respect of learning, age, or places where they make residence.
2. May Elders, Deacons, Ministers once elected, and accepting the
charge, leave the same again during their lifetyme.
3. Shall the order of the Elders, and Deacons be alike in every parish,
as well without burgh, as within; in little parishes, as mekle; as well
where there wants a Minister, as where there is one; sall their power
and authority be in every particular parish alike, and their number alike.
4. Ought any teinds or dueties be sought from the parochiners that
5. Resteth the power of excommunication with the Minister, Elders
and Deacons of every particular Kirk; or is it requist, That they receive
advice and direction thereanent from the Archbishop, Bishop, Superintendent, Commissioner or Visitor of the Diocie.
6. How many of their names and offices are tolerable in Gods Kirk;
and what is the difference between them.
7. Shall he that overseeth the other Ministers, whether he be provided
for term of life, or for a tyme, do things him alone, or shall he have any
Counsell, Assessors or Chapter.
8. How sar may the Ministers, Elders and Deacons of every particular
kirk and parish proceed; and in what causes.
9. What cause properly belongs to the decision of the particular Assembly of any Diocie, Shyre or Province; who are subject to conveen thereto,
how oft, and at what places.
10. How many Generall Assemblies ought to be within a kingdom;
be whom they should be convocat; for what cause; what forme of summoning and of proceeding; who sall be President; and how many sall
have power of voting; upon what matters may the Generall Assemblie
intreat; what executions and pains upon the acts and decreets; what
persons ought ordinarly to be present thereat; what paines against them
that ought to come, and absent themselves; how far may be proceeded, in
case the greatest part that should come, compear not; and whether may
the sewer number conveening, give law to the greater being absent.
11. Who sall occupie the place of the Ecclesiastical Estate in the Kings
Parliaments, Conventions and Counsels, and how many.
12. What is the proper patrimonie of the Kirk.
13. Sall all Ministers livings be alyke in quantitie, because they are
thought to be alike in dignite.
14. He who is thought worthy to preach the word and minister the
sacraments, Is he not also worthy to be promoved to any benefice, seing
it is thought there is no preserment of dignitie among Ministers in respect
of anie qualitie.
15. Sall benefices be conferred to particular Ministers in title, or fall
the rents of all come to a common collection, and be distributed at the
discretion of the General Assemblie of the Diocie.
16. Shall the Diocese, or provinces and the paroiches continue accord
ing to the present division of them; or if there appeareth any alteration
requisit, be whose authority ought it to be done.
17. What are the causes, and what sall be the manner of suspension and
deprivation of persons being in the Ministrie from their functions and
livings, and whether shall the proces … or shall the person
accused have a lybell to answer unto, and what execution sall follow upon
18. Shall deposition from the office and sunction induce also deprivation
from the benesice and living, and what forme of process in that behalf.
19. Whether dilapidation of the rents of the benefices, non residence,
pluralities, committing of slaughter, adultery, simony and such detestable
crimes deserve deprivation of persons provyded to benefices, and what
manner of judgement therefore.
20. What is Simonie.
21. If non residence of persons bruiking benefices, and occupying of
ordinary offices in the Kirk, merits deprivation, why should not the order
as well extend to them provyded of old, as to them provided since the
Kings coronation, considering whatever is unlawfull against conscience,
and contrar the will of God at this present, hath been wrong and unjust
in all times preceeding; and the longer unjust possession continues, it
heapeth the greater damnation upon the possessors.
22. Whether may any man be both a Minister, and a Master of a school,
or Provost of a Colledge.
23. Whether may a man be both a Bishop, and a Lord of the Seat.
24. Whether may a man be both a Minister and a Procurator or Man
of Law, a Sheriff, a Toun Clerk, a Notar or a Consistorie Clerk.
25. Whether may a man be both a Minister and a Commissar of the
26. Whether may a man be both a Minister and a Sheriff or Justice
Criminall, or Provost, Bailiss or Seargant of a toun.
27. Whether may a man be both a Minister and a Reader, or an
officer of armes, or a Lord or Lairds stewart, grieve, pantryman, or
28. Whether if a man may be both a laird or landed man, and therewithall a Minister or a Reader: in case the Kings proclamation come, or
that he be summoned upon assises or inquiests in criminal or civil causes,
ought he to pass to the warrs, and keep the Shireff and Justice Courts;
or is he, be any law, exeemed, in respect of his ministration or reading.
29. In case the Minister or Bishop conquess lands to be holden of the
King, or other superior, for personal service in the warres or sicklyke, how
may he of conscience discharge both the one and the other function.
30. Shall payment of the thrids be perpetual, or for a time.
31. What benesices presently ought to pay thrids, and what benefices
32. What provision for the wives and bearnes of the Ministers deceassing, and how long shall they continue with the manses and gleebs unremoved.
33. Who shall be judges in causes of matrimony and divorcement, of
testaments, of the right of patronages, of benefices, of tinsell and deprivation from benesices, of the payment of Ecclesiastical rents and livings, of
34. How many sufficient and worthy Ministers to preach the word and
minister the sacraments, is there presently within the realme of Scotland,
and what are their names, at what kirks were it meetest to place them,
what living and stipend to appoint to every one of them, and whether
meeter to provide them for terme of life, or but from Assembly.
35. What shall be the condition of kirks and parochies, where no Ministers are presently to be placed.
36. Shall the Readers be presently discharged, or not; what are there
names, and how many of them esteem ye worthy or unworthie to be
37. A man provyded of old to a benefice, and now serving at another
kirk for a stipend, Whether is he just possessor of the benesice, or may he
be compted mercenarius for his stipend.
38. What difference to accept the title of a benefice of four parish kirks
annexed to it, and to accept the service and ministration of four several
parish kirks that are no greater bounds nor number of parishioners than
39. Are the articles and forms accorded upon at Leith, in Januar 1571,
altogether to be followed, or altogether presently to be casten off and
rejected; or what indifferent thing were proper and convenient to be
40. Is it against conscience and good order, That one man shall be
appointed Reader to sundrie kirks, or that one mans name sall be twise
written in the book to two sundrie places, that he may thereby get two
41. Whether hath the City of Geneva committed sacriledge, or not, in
appointing of the rents and teinds of their Bishoprick to their common
theasure, paying but a certain portion thereof to the stipends of their
42. Since be the lovable custome of the primitive Kirk, the Kirk rents
were distributed in four parts, viz. to the schools, the poor, the upholding
of kirks, and the Minister or Pastor, Ought not the rents of all benesices
and stipends now possessed and received be Ministers, and the rents of all
lands, or teinds conquissed and possessed be them, either of the former
kirk rents, or be meane thereof be the new reformed Kirk of Scotland,
semblablie be divided, and applyed according to this order of the primitive
Anent the qualities of Readers, It is thought meit, That the haill
Reidars within this realme salbe examinat and tryit de novo in thair Synodall Assemblies; and if, after examinatioun, they be found to want the
qualities prescryvit in the Booke of Discipline, to be deposit, and removit fra
thair offices: And, sicklyke, That no Reidar within this realme minister
the holie sacraments of the Lord, except sick as hes the words of exhortatioun, in their mouths.
[For reiding of the bills and supplicatiouns given in to this Assemblie,
and answering thereof, the Assembly hath named and deput their brethren, Mr James Melvill, Mr Andrew Mylne, Mr James Carmichael, John
[Anent the proposition made be Mr Henry Kinross, Advocat, in name
of our Soverain Lords Session, putting the Assemblie in remembrance of
an act and order made be them, for in bringing of the persones defunct,
desireing the Kirks answer, what had been done herein: The Assembly
and Commissioners present understanding be the greatest part of the
brethren, that the said act was not put in execution for lack of knowing
of the same; after public reading thereof, ordaines the said act and ordinance to be keeped and observed against the next Assemblie; and the names
of the persons deceised since the date hereof, to be reported to the Generall
Assembly, conforme to the said ordinance: And to the effect, that the
same may be universally keeped and observed in times coming, It is
thoght meitt, that in every parochin, ther be persons appointed to break
the earth, and to make sepulchres, that sall notisie the names of the persons deceissit to the Reidars, that they may present the same to the Commissioners, to report the same to the Generall Assemblie. C. & B.]
Forsameikle as the Kirk and Commissioners present, advysedlie considdering the great prejudice and hurt done to the Kirk of God be beneficit persons within the Ministrie, that setts sewis and taks of thair benefices and ecclesiastical livings, lands, rents, teinds and fruites of the samein,
defraudand not only their successours of that quhilk justlie sould pertaine
to them, and quhervpon they aught to be sustainit; bot also bringand vpon
the Kirk be thair inordinat and corrupt dealing, infinite slanders and inconvenients: Therfor, with vniformitie of votes and myndes, they have
concludit, That no beneficit person within the Ministrie, Bischops or vthers,
sall sett fewis or taks of their benesices, or ecclesiastical livings, lands, rents,
teinds and fruites of the same, or any part therof, to quhatsoevir person or
persons, without the advyse and consent of the General Assemblie of the
Kirk: and, sicklyke, that no Minister subseryve nor give thair consent to
the saids fewis or taks, in any wayes, quhill they sie the consent of the Assemblie
For better resolution of the questiouns given in be Alexander Hay,
Clerk of the Secreit Counsell, and expeditioun of the matter of the Policie;
The Kirk present hes ordainit Mr Johne Craig, William Christesone;
George Hay, John Duncansone, Andro Melvill, James Melvill, Andro
Hay, David Cunnighame, Johne Row, James Greig, James Lowsone,
David Lindesay, Robert Pont, David Fergusone, Robert Hamiltoun,
Johne Robertsone, Johne Erskine of Dunne, ane of the Visitours of Augus
and Mearnes, if he beis present, to conveine the nixt day after the dissolution of this Assemblie, and visit and considder the heids of the Policie, advyse and consult diligentlie therupon, and vpon the saids questiouns, and
to report their judgements theranent, conceivit formallie in wryt, to the
[Anent the heads and articles of accusation given against Mr Thomas
Hepburne: The Assembly committs the visitation of the same to their
brethren, Mr John Row, Mr James Lawson, Mr David Lindsey and Mr
Andrew Melvill, and to receive his answers to the said accusations afternoon. The same day the accusations with their answers being reported to
the Assembly at afternoon, and read, and the said Mr Thomas inquired,
namely, of the doctrine taught be him, That no Soul entereth in heaven,
where Christ is glorisied, while the latter judgement, if the same be damnable and erroneous, or not: Answered, That he had learned the samen
opinion out of certain ancient Doctors of the Kirk; nevertheless if a better reason be brought to resute the samen, he will not adhere contumaciously to his own witt, but yield to the better reason: for which purpose
he desired he might have conference and privie concurrence of certain of
the learned brethren, namely, of Mr John Craig, Mr John Row, Mr Andrew Melvil, Mr Robert Pont, Mr George Hay, Mr James Lawson;
wherunto the Assembly accorded, and appointed the said brethren to conveen the morne, at 8 hours in Mr James Lawsons house, with the said
Mr Thomas to that effect, and to report their judgements upon his answers,
as well concerning the said article and doctrine, as other articles of accusation laid to his charge, at ten hours. C.]
Anent the summounding of the Moderatour, and Mr Andro Hay, Commissioners of Cliddisdaile, to compeir befor my Lord Regents Grace and
the Princes Counsall, bringand with them the act and ordinance, made be
the Assemblie for excommunication of the Captaine of Crawsurd, with the
act quhervpon the same proceidit, that the veritie might be knawin: The
Kirk ordaines thair brether to appear befor my Lord Regents Grace and
Counsell, and give obedience, and to report quhat beis done in that
Returneand to the Assemblie fra his Grace and Counsell, they declarit,
That, in respect they producit not the acts and ordinance forsaid, quhilk
they excused be shortness of the charge, and occupatioun of the Clark,
his Grace and Counsell hes suspendit the said sentence of excommunicatioun quhill the production of the saidis actis; quherfor they protestit for
the libertie of the Kirk.
[Anent the supplicatioun given in be the toun of Dumferline, for liberty
to be granted them to play upon a Sunday afternoon, a certain play which
is not made upon the Canonical parts of the Scripture: The Assemblie
refuses to give libertie to the Bailzie of Dumfermling to play upon the
Sonday afternoone, a certaine play quhilk is not made upon the Canonicall
parts of the Scripture, in respect of the act of the Assemblie past in the
contrair; exhorting the Bailie of Dumfermling, presenter of the bill, to
requiest the toun to keep the ordinance of the Assemblie. C. & B.]
[Anent the doubts and difficulties proponed in the matter concerning
Mr Robert Hamilton, Minister of Sanct Andrews, and Provost of the
New Colledge thereof, to witt, Which of the two offices, Provestrie, or
Ministrie of Sanct Andrews, he should retain and enjoy; seeing it
is Found and thought he may not brook both. The Assembly and
Commissioners present, after long and prolixe reasoning had in the
matter, considering the said Mr Roberts first entrie in the function
and office of the Ministrie of Sanct Andrews, quherto, without advice
of the Assemblie, he had unite the said provestrie: and seeing, be the
act of the last Assembly, the said two offices are not found compatible
in his person, Decerns and ordaines the said Mr Robert Hamilton to
remaine still with the Ministrie and Pastorship of Sanct Andrews, and to
watch and attend zealously and diligently upon the cure and charge thereof, as becometh a faithful and vigilant pastor to doe to his flock, and in the
name and fear of God, to leave and cast off the said office and charge of
Provestrie of the New Colledge, as an impediment, stay, and hinderance to
his office and calling of the Ministrie, under the pain of the censures of
the Kirk. C. & B.] Mr William Skene, Commissioner of Sanct Androes,
in name of the New Colledge and electours of the said Mr Robert to the
said Provestrie, dissentit fra this sentence; quherunto the said Mr Robert
adherit, in respect, as he alledgit, the Kirk could not discharge him of the
Provestrie, and that he could not beare the burden of the haill Kirk of
Sanct Androes in his awin person.
[According to the ordinance of the Assembly, the brethren depute to
the reason and conference with Mr Thomas Hepburne, anent the
Article of doctrine teachit and professit be him, That never Soule
went to heaven before the latter day, and to give their judgement upon
his answer thereto, with the answer made to the remanent articles laid to
his charge, reported, That they had entered in reasoning and conference
with the said Mr Thomas, concerning the article of Doctrine above written, and laid before him sundrie testimonies of Scripture, and reasons confuting and evicting the said error, which always have not satisfied the
said Mr Thomas; yet if the Assemblie present will damne the same
article of doctrine, as erroneous and heretical in whatsomever professing
the same, the said Mr Thomas will give place to their judgment, and leave
his opinion therein; which report being alswa allowed be the said Mr Thomas to be his mind and declaration: The Kirk, after reiding publiclie of
the said Article, of ane mynd and voyce but exceptioun, altogither damnit
and detestit the said Article, and adjudgit the samein to be heretical, false,
and erronious, repugnant and contrarious to the plaine and evident word
of God, reveilit in his sacred and holy Scriptures, foundit and having
the ground only upon curiosity of mens witts, without assurance of Gods
law; and, therfor, inhibites all and quhatsumevir persons publicklie or
privatlie to mantaine and defend the said errour, vnder the paine of the
censures of the Kirk; leavand alwayes the said Mr Thomas to privie conference with sic brether of the Ministrie, as he thinks good, for his resolutioun in the said matter: And alwayes for consideration presentlie moveand the Kirk, discharges the said Mr Thomas fra entering in the Ministrie,
quhill the Kirk be farther advisit. C. & B.]
[Ordaines the Ministers of Edinburgh to try diligentlie and examine
Forsyth, proponed to the brethren presentlie to enter in the Ministrie, if he be qualified and apt for the charge thereof, and able to discharge
the dutie and office of a Minister, without the knowledge of the Latin
tongue; and if they after trial, do find him meet for the samen, notwithstanding the inlaike of the knowledge of the said tongue, to give their testimonial therupon to the Commissioner of the countrie, within whose province he shall happen to receive the cure, that they may admit him; otherwife reject and repell him. C.]
Anent the proposition of the brether of the Chapter of Sanct Androes,
declarand that my Lord Regents Grace hes presentit Mr Patrick Adamsone to the Bischoprick of Sanct Androes; and they beand of the Chapter,
in respect of the act and ordinance of the Generall Assemblie, delayit thair
proceiding therin, desyreand the Assemblie present to proceid to the tryall
of him, conforme to the said act: The said Mr Patrick being present and
requyrit be the Assemblie, If he wald submitt himselfe to the tryall and
examinatioun of the Assemblie, and receive the office of a Bischop according to the injunctions of the Kirk, and conditiouns qualified in the Register
of the Kirk: He ansuerit, He could not doe the same.
[Questions resolved by the whole Assembly.
Q. Whether if salt pans, mylnes, and other labouring, which drawes
away innumerable people from hearing the word of God, should be permitted to goe on the Sabbath day; and, Whither the Assembly should
not oppone themselves hereunto, and make strait acts in the contrair. C.]
A. Salt pannes, mylnes, and vther labouring, quhilk drawes away innumerable peiple from the heiring of the word of God, sould not be permitted, and the violaters to be debarrit from the benefites of the Kirk,
quhill they make thair repentance, and the continuers therin to be excommunicat.
[Q. Whether if a man or a woman divorced for adultery ought to be
admitted to the second marriage; and if the Kirk ought not, like as they
have inhibit the Ministers to marrie any such, so plainly to give their judgments in this case, and to declare it to be unlawfull, specially in respect of
the great inconveniences that follow daily thereof; namely, some forge
causes of adultery; some make causes indeed; and some be collusion corrupt
judgements; and all in hope of a new marriage, which daily they attain
unto be some hyreling smaikes, who are but suspended therefor for a
while; swa that if provision be not shortly made hereunto, no man may
brooke his wife, nor no wife her husband longer than they lyke; and a
barbarous confusion unknown to the very Ethnicks and Turks shall enter
in among us. C.] A. The Kirk will not presently resolve the question,
Whither if a man or a woman divorcit for adulterie, aught to be admitted
to the second mariage; but inhibites all Ministers and Reidars to marie
any sick persons, vnder the paine of deprivatioun fimpliciter, without any
restitutioun to thair offices in tymes cuming; and the persons so joynit, to
be chargeit to separate themselves, conforme to the Act of the Assembly
in August 1574.
[What forme of repentance shall be injoyned to a man that committs
both adultery and incest. C.] A. Ane man that committs both adulterie
and incest, sould be doublie punished.
[Whether if a Minister or Reidar may tap aile, bear, or wine, and keep
an open tavern. C.] A. Ane Minister or Reidar that taps aill or beir or
wyne, and keips ane opin taverne, sould be exhortit be the Commissioners
to keip decorum.
Whither if burialls sould be in the kirk or not: Ansuerit, Not: and
that the contraveiners be suspendit fra the benefites of the Kirk, quhill
they make publick repentance.
[What punishment shall be injoyned to an adulterer relapsed: C.] A.
Relapse in adulterie is doublie punischit.
Anent the requisition of the Assemblie made to James Bischop of Glasgow, to give his ansuer, If he will accept of the charge of ane particular
flock, and visitation of sick bounds as the Kirk sall think good and
appoint to him, conforme to the articles concludit in the Assemblie: The
said Bishop being present exhibite to the Kirk his answer heirto in wryte,
Forsameikle as it is not vnknowin to ȝour Wisdomes, that ȝe gave
commission and charge to certaine learnit, godlie, and discreit brether of
the Ministrie, and vthers, Elders of the Kirk, to commoun, treat, conclude,
and agrie with certaine vther Noblemen, Commissioners from the Kings Majustie, Johne vmquhile Erle of Marre his Regent; at the quhilk Conference
it was agreit be the haill Commissioners, asweill of the King as of the Kirk,
anent the name, style, power and jurisdictioun of the Bischops, with the
forme and manner of thair institutioun, Ordainit to stand and remaine quhill
the Kings Majesties ȝeirs of minoritie, or, at the least, quhill a Parliament
sould vtherwayes decyde; and, conforme to the ordour therin conteinit, he
was receivit in the said Bischoprick of Glasgow, and made his sermoun to
the Kings Majestie, in things pertaining to his Hienes; and swa if he sould
change or alter any thing pertaining to the ordour, manner, or priveledges,
or power of the samein, I sould be afrayit to incurre perjurie, and might
be callit befor the Kings Majestie, for changing ane Member of his Estate:
bot to the effect ȝour Wisdomes may know, he desyres not to be exeimit
from travell, and bestowing of sick gifts as God hes communicat to him, he
is content, at thair command, to haunt to ane particular kirk, and to teach
therat, quhen he dwells in the Sheriffdome of Air, and that be discretioun
and sight of the brethren of that Countrey; and quhen he is in Glasgow, to
exerceise lykwayes at some part, quher the brethren ther think most necessarie, and to abyde thair judgment of his diligence in that behalfe, without
binding him ony wayes, or prejudging the power and jurisdictioun quhilk he
receivit with the said Bischoprick, vnto the tyme prescryvit in the said Conference, that farder ordour be tane be the haill Estates theranent; at
quhilk tyme he salbe content with all good reformation as salbe fund
expedient. Quhilk ansuer beand red, the Kirk continuit, and continews the said Bischop in the visitation of the bounds quhilk he had befor,
to the nixt Assemblie; and as to the particular flock, [the Assemblie is
content he take the care of a particular flock,] as is mentionat in his ansuer,
to the nixt Generall Assemblie.
Anent the forme of repentance of fornicators: The Kirk and
Commissioners present hes vottit and concludit, That ane of the dayes
of thair appeirance to make repentance for thair offence, be on ane Sonday
at ten houres befor noone, in tyme of preaching, in presence of the congregation; and that double fornicators receive double punishment for
[In respect of the absence of John Vre, one of the Commissioners appointed to the visitation of Fife, the Generall Assemblie ordaines David
Ferguson, one of the said Commissioners, to supply his room in entering
of the Ministers and Readars within his bounds, in the book of assignations,
hac vice tantum.
The same day, Mr James Lowson, Minister of Edinburgh, reported to
the Assemblie and Commissioners present, an acquittance and discharge of
the money collected for the help and supply of the exiled brethren of the
French Kirk in England, with a roll of the names of the persons contributing thereto, and the quantity of every mans contribution, desiring the
one and the other to be inregistrat and booked in the Register of the
Kirk, ad perpetuam rei memoriam; which desire the Assemblie thought
good, and ordained, and ordaines the samen to be registred among the
Acts of ane Assemblie, to be a testimonial to the posterity and age to come,
of the good mind and zeal of the charitable persons, that succoured the
necessity of their said brethren in the day of their extremity: The tenor
of the said exoneration and rolls shall appear hereafter. Further, the said
Mr James exponed and shewed, that, since the delivery of the said money,
be the diligence and procurement of the Visiters and Superintendents,
some more money is brought in and received be him; willing the Assemblie to declare what shall be done therewith, and how the same is thought
to be imployed: The Assemblie thinks it meet, That the samen shall be
keeped be the said Mr James, and remain in his hands, till order be tane
[Apud Haliruidhous penultimo Octobris Anno m vc lxxvj.
Jacobus Dominus Regens.
Archibaldus Comes Angusie.
Comes de Buchane.
Joannes Dominus Maxwell.
Joannes Dominus Hereis.
Jacobus Episcopus Glasguensis.
Adam Episcopus Orchadensis.
Robertus Commendatarius de Dunfermling.
Commendatarius de Culros.
Marcus Commendatarius de Newbottill.
Anent the complaint maid to my Lord Regentis Grace and Lordis of
Secreit Counsale be Johnne Carmichaell of Medoflatt, makand mentioun,
That quhair vpoun proclamatioun of bandis for mariage to be completit
betuix him and Elizabeth Scott his spous; they beand fre personis, thair
mariage wes solempnizat in the moneth of Apryle last bipast, conforme to
the ordour of the Kirk; ȝit be quhat occasioun he knawis not, Maister
Williame Livingstoun thair Minister, allegeand him to haue command of
the Bischop and Commissionar within the Diocie of Glasgow, to admoneis
the said Johnne Carmichaell to abstene fra his said spous, vnder the pane of
excommunicatioun, quha myndis to proceid therto: ssor remeid quhairof
he presentit himself to the present Generall Assemble, desyrand the said
command to be dischargeit, in respect of his said mariage standand vnreduceit, or dischargeit null be the Juge Ordinar; nottheles Maister
Johnne Craig, Moderator, opponit in the contrair, allegeand the Kirk to
haue maid ane generall act and ordinance anent all personis allegeit
adulteraris, quhairby thay haif ordanit the said Johnne Carmichaell to abstene fra his said spous, ay and quhill it be decernit and tryit quhidder
thair mariage be lauchfull or not, vnder the pane of excommunicatioun:
Quhilk ordinance is and mon be repugnant to the law of God, insafar as
they are mareit conforme to the ordour of the Kirk, with all solempniteis
requirit therto; swa of the law it is presumit to be lauchfull, and neids na
forder declaratour; and gevand it wer not lauchfull, ȝit the said adminitioun is evill vsit aganis the said Johnne befoir cognitioun be tane theranent,
quhilk is not ȝit done: And attour, gevand they haue ony sic act, that act
is bot prevat, na publicatioun being maid thairof, nor ȝit authorizit be
Parliament, as it aucht to be befoir it tak effect; and thairfoir is null with
the said executioun following thairupoun; nottheless thay will not faill to
proceid to the said excommunicatioun aganis all ressoun, without remeid be
prouidit. And anent the charge gevin to James Bischope of Glasgow,
Maister Johnne Craig, and Maister Andro Hay, to haue comperit befoir
my Lord Regentis Grace and Lordis of Secreit Counsale this day, bringand
with thame the said command of excommunicatioun togidder with the act
quhairupoun the famyn procedit, to the effect that thay mychy vnderstand
the trewth of the said matter, and thairefoir tak ordour thairin as appertenit, lyke as at mair lenth is contenit in the said complaint: The said
Johne Carmichaell comperand personalie with Maister Henry Balfour his prelocutour; and the saids James Bischop of Glasgow, Maister Johnne Craig,
and Maister Andro Hay, being alsua personalie present; the said Maister
Andro wes requirit to produce the said act quhairupoun the said command of
excommunicatioun, gevin be him, procedit: And he refusand, allegeand the
same not ȝit to be extractit furth of the bukis of the Generall Assemble of
the Kirk, my Lord Regentis Grace thairfoir, with auise of the saids Lordis,
suspendis the executioun of the said act and command following thairupoun,
in tymecuming, vpoun the said Johnne, ay and quhill the samyn be produceit
befoir his Grace and Lordis foirsaid, and that the said Johnne be warnit
to the productioun thairof, as efferis.—Reg. Sec. Conc.]