4. Be the fourth article is meined the King of France, the Duke of
Guise, and uther Papists thair; and lykewise, within the countrie,
the Earles of Huntlie, Crawford, and uthers. The Kirk is hurt in
their liberties and priviledges sundrie wayes, as will appear in
the Articles, as follow: Tacks of the thrids of Haddingtone and St
Androis, sett to the Laird of Seagy: The Abbacie of Abberbrothock is
disponit to the Duke, and no provisione for the minister: The Abbacie
of Hallyrudehouse to the Abbot’s young sone: Sicklyke, the Abbot of
Newbottle found provydit to the 9 and 10 notor;--as, for example, Mr
George Gairden being provydit to the parsonage of Fordyce in the 68
yeir of God, and yet standing titular there: The King’s Majestie hes
sett in tack the fruits of the saids benefices to Robert Stewart of
Todlaw, and command giuen to the Lords of Session to grant Letters
upon the said tacks: Mr Alexander Arbuthnott is chairgit, against
the Acts of the Kirk, to remaine in the Colledge of Aberdeene, under
the paine of hornyng: The Ministers of the Chapters of Halyrudehouse
are chairgit be letters of hornyng to subscryve the gift of pensione
made to the persone of Pennycuik, his wife and sone, for their
lyfetymes; Sicklyke against the said Act anent the Act made one the
penult day of October 1576. Concernyng setting of fewes and tacks of
benefices and ecclesiasticall livings, or any part thereof, be such
as beare functione in the ministrie, The Generall Assembly, as of
before, ratifies and approves the said Act, with this declaratione,
that under the said Act, all suspenseones, factories, and whatsoever
other dispositione of the benefice, or any part thereof, without
the consent of the Generall Assemblie, is and shall be comprehendit
in tyme cuming, and that the disponers thereupon shall incurre the
penaltie contained in the Act of the date of the 12th of July 1578,
Sess. 6.
It is cravit be the Synod of Lawthiane, that this Assembly take order
with Mr John Spotswood for setting of the tack of his benefice, butt
consent of the Assemblie. The Kirk ordaynes this particular to be
tryit in his awne Presbytrie, and the tryall to be reportit to the
next Generall Assembly.
_Item_, That this Assembly ratifie the dissolutione of the Presbytrie
of Haddingtoune, and unione of the members thereof with uther
presbytries, be reasone of many enormities occurrand there--as rare
convention of the brether, loathsomeness and contempt of the word in
the people, and not executing the Acts of the Assembly: qwhilk head
the Kirk approves for the present.
Forsuameikle as sundrie of the penitents, pairtly for poverty,
sickness, or distance of place, are unable to compeir before the
provinciall Assembly--_Quæritur_, If they may compeir before the
Elderschip? Answer: It is not thocht good presently.
The Elders of the Elderschip of Melros are of diverse
judgements--some craving the Assembly to continow there--others to
ane uther place, or else to devyde it. _Quæritur_, Qwhat shall be
best? Answer: They have liberty as they think best, so it be done
with common consent.
Sessio 7.
It is thocht expedient that the four Presbytries in Lawthiane be
joynit in ane Provinciall Assemblie, and that Dunbar, Churnside,
Melross, and Peebles, be joynit in ane uther, and the place of their
next Assemblie to be in Lawder, and thereafter to be changit, as they
shall think expedient.
Sessio 11.
Ministers that beiris with the people repairing in pilgrimage to
wells hard besyde their awne houses, not reproving them, but rather
entertayning them with meat and drink in their houses--distributing
the communion to their flocks, and not communicating with them be the
space of seven or eight yeares--such persones deserves deprivatione.
Sessio 13.
The Generall Assemblie gives licence to the persone of Hauch, to
passe out of the countrie for recoverie of his health, the King’s
Majestie’s licence being obteinit thereto, and his awne kirk provydit
at the sicht of the Presbytrie of Dumbar.
Forsuameikle as sundrie Acts hes past of before, to close the hands
of beneficed persones within the ministrie, that they sett no tacks
of the benefices, or any part thereof, or make uther dispositione
thereof qwhatsomever, without the advyce of the haill Kirk, yet
daily supplicationes are gine in to the Kirk for thair consent to be
had thereto, howbeit, both for schortness of tyme and utherwayes,
the estate of such supplicationes cannot be conveniently reasonit
and tryit before them: Heirfore it is thocht expedient that qwhaire
any such is to be made, that the samen be first presentit to the
particular presbytries whair the benefices lyis, wham before the
tryall shall be taken, oath of the old kyndness and title of the
supplicant, and of the estate of the benefice--qwhat was of old,
rentall thereof--qwhat present--and the pairts and tryall thereof
reportit againe to the Generall Assemblie--qwhat order may be tane
with the sute according to equitie: and lykewayes ordayns every
presbytrie, within their awne jurisdictione, to try and examine what
persons hes broken the act made against beneficit persones within the
ministrie, that setts tacks or fewes, or makes uther dispositiones
whatsumever of their benefices, or any part thereof, against the
Acts of the Assemblie; and, after calling of parties, and dew triall
taine, to report their names, with the proces, to the next Assemblie.
The proces led be the Presbytrie of St Androis against Alysone
Peirsone, with the proces led against Mr Patrick Adamsone before the
presbytrie forsaid, and also the proces of the Synodall of Fyffe,
to justifie the accusatione led against the said Mr Patrick, was
exhibite.
Sessio 14.
Forsuameikle as in reading in schooles, of prophane authors, qwherin
many things are written, directly impugning the grounds of religion,
and speciallie in the Philosophie of Aristotle, oft tymes the youth
being curious and of insolent spirits, drinks in erroneous and
damnable opiniones, and founding them upon the bruckle authoritie
of the prophane wryters, and maintayns their godless and prophane
opiniones, obstinatly in disputation and utherwayes, to the great
sclander of the word of God, and offence of the simple and unlearnit:
Thairfore, it is provydit, after reasonyng and good advyce, be
universall consent agreit, that in all tymes coming, the maisters,
regents, and teachers of the scholers in reading of prophane authors,
shall vigilantly take heid if there be any thing alleadgit or written
in them against the grounds and heads of Religione, and, in teaching
thereof, to mark and note the places evict, and confute the errors,
and admonische the youth to eschew the same as false and erroneous;
and namely, in teaching of philosophie, to note the propositiones
following, as erroneous, false, and against the Religione, and
condemnit be commone vote of the haill Kirk:--