20. _Animi pars una vel etiam plures sunt mortales, et quæ hinc
pendent et necessaria consequuntur:_
And if any beis found to doe in the contrair heirof, the censures
of the Kirk to proceed against them: And sicklyke, that Masters,
Regents, and Teachers, Auditors, or wthers, assert or defend any of
the saids propositiones alreadie condemned be the Kirk or wtherwayes
that shall happen to be condemnit be thame heirafter prohibite
_probabiter_ or wtherwayes, under the paine of the same censures of
the Kirk.
Sessio 15.
_Item_, No act, nor any wther thing proceeding from the particular
presbytries, haue fayth in tyme comeing, without the same be
subscryved be the Moderator and Clark thereof.
Sessio 16.
The King’s Majestie’s Answers unto the heids presentit to his
Heines from the Generall Assemblie of the Kirk.
_At Striveling, the 17 of October, 1583._
His Majestie having considerit the heids, and conferrit with the
messenger, touching the meaning and explication of the generalitie
thereof, Understanding the first poynt to be gatherit, of the
granting of the benefite of pacificatione be his Heines to Mr
David Chalmers: His Majestie knawing that man only to have beene
forfaultit, for that commone actione of his being at the field of
Langsyde, for qwhilk pardon wes grantit to so many, thocht it no
new or strange thing, at the request of such as movit his Grace, to
grant unto him the lyke benefite, as many wthers for the lyke cause
had of before obtained: yet no wayes intending to spare the dew
punischment of him or any wthers that may be chargit or fund culpable
of the murther of his Heines’ dearest ffather, or that are or shall
be adversars of the religione, and impugners thereof, against his
Hienes’ lawes made thereanent, the executione of qwhilks his Majestie
hes been, is, and will be, willing to further.
The second heid generallie conceavit; being particularly meinit
of the young Laird of Fintrie, His Majestie wishes the Assemblie
to remember how his Heines had dealt in this matter, and qwhat
testimoniall the Kirk of Edinburgh grantit unto him. His Majestie hes
not hinderit the proceedings of the Kirk against him, nor no uthers,
but meins to hold hand thereto, according to the laws.
The third head being speciallie meant of ane William Holt,
Inglishman, that escapit out of the Castle of Edinburgh, His Majestie
hes answerit the Queen of England’s embassadour, who movit his Grace
in that matter not lang syne. It is not ane uncouth thing to hear
such ane man escait; alwayes what they understand be ane indirect
meanes used for letting him depart, his Majestie being speciallie
informit thereof, will, after dew tryall, see the offenders punischit
according to their deservyngs.
The fourth head being very generall, his Majestie thinks the
Assemblie will not think it pertinent for them to haue vote in the
chusing of his Majestie’s servants, or to be over curious of the
occasione of the placeing or removeing of them, neither yet of the
intelligence betwixt his Heines and any forraigne countries, for
enterteyning of civill peace and amitie, ffrom the quhilk na princes
nor commonwealthes in the world abstaines, although being diverse in
religione.
The fifth head concernyng the generall complaynt upon some speciall
matters appeirandly expressit in the matters following:--His Majestie
wishes the Assembly, as they wald be speciallie and directly
answerit, so to forme their petitions, fforbearing any particular
examples, to ground generall propositions, and to remember that his
Majestie took the Government in his awne persone, there is no good
and profitable lawes made for the advancement of the Kirk, and trew
religione, nor of before, the default of the executione thereof, and
performance of promise notwithstanding in his Heines’ default.
The sixth, meining especiallie of the Tack sett to the Laird of
Seagy of certaine victualls furth of the superplus of the thrids,
qwhilk he had of before in pensione,--that was nae new forme, nor any
wayes prohibite. He could alseweill content him with the pensione,
as he had it of before, frie of all payment of dewtie. The necessar
considerationes that movit the granting thereof, are weill enough
knawne to many. He is imployit in publick service, wanting the living
qwhairunto he is provydit in title, dureing his father’s lyfetyme,
and his service is, and may be, necessar both for his Heines and the
Kirk.
For any thing that may be thocht omittit toward provisione of
ministers, serving at the kirks annexit to abbeyes in the late
dispositiones of them, that is well supplied be act of Parliament,
the executione qwhairof hes rather stayed thir twa yeares past
in their awne default, or wtherwayes, they craving to haue their
assignationes continewit, as in the years preceiding, and as yet
not haveing directlie answerit to his Majestie’s message, sent with
his Maister of Requests, to the Assembly halden at St Andrews, &c.
Alwayes his Majestie made choice of certaine barrones, and uthers of
good appearance, knawne zealous to the furtherance of that good wark,
lipning to haue had the assignationes formed before the Assemblie:
But being uncertaine of the tyme appoyntit, therefore, this year, is
doubtful if they cum in Edinburgh, qwhere, if they be, his Heines
shall send directione to them to proceid, or in caise of their
absence, shall appoynt wthers, so as the assignationes may proceid,
and so wther things as are most needfull resolvit, without any
farther delay.
Touching giving of spirituall livings to bairnes, and translating
them in temporall lordships, His Majestie considers his awne
skaith and hinderance of his service. Therein qwhatever abuse hes
interit before his Heines acceptit the government, tyme, and the
approbationes of such provisiones be decreits of the Sessione,
hes brought the matter to that estate, as it cannot be utherwayes
helpit then be the Parliament, qwhom unto these being proponit, his
Majestie sould hald hand to haue such reformatione in this behalfe as
possiblie can be obtaynit.
The default of punischment of wthers mentionat in the nynt head, and
of the Act of Provisione of the Poore and Punisching of Vagabonds,
man not be justly impute to his Hienes, qwho hes ever been willing
and readie to grant commissione to such as the ministers thocht
meitest to execute the same, qwherin inabilitie was in the judges
ordinar.
The tenth heid being generall, His Majestie wald be glad not only to
haue it explainit, but to hear all good advyces that shall be offerit
to him for the reformatione of that qwhilk shall be found amiss, and
how his lawes may have place, and justly ministrat to the comfort and
commone benefite of all his good subjects.
The elevinth head is also very generall, and for the only one example
that hes beene spoken of to his Heines, touching the removeing of
the Principall of the Colledge of Aberdeine to be minister of St
Androis, His Majestie trusts the Assembly will not think that matter,
the substance weill considerit, either so proper to the Kirk, or so
improper to the civill estate, but that his Hines and Counsell had
good ground and reasone to direct his letters as he did upon the
Generalls of the North Countrie, wharin nane was prejudgit--seing
their was no charge conteyning power to denunce at the first, but
rather to doe the thing requyrit, or compeir and schaw ane cause in
the contrair.
[FIFTIETH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk, halden at Edinburgh, in the
Over-Tolbooth thereof, the 10th of May 1586, Whair there was
present his Majestie’s Commissioners, my Lord Chancellour,
Justice Clark, Mr John Grahame, the Pryor of Blantyre, Mr Peter
Young, with the Commissioners direct from the Synodalls and
Universities.
Exhortatione made be Mr Robert Pont. My Lord Privie Seall, and
Mr Peter Young, direct from the King’s Majestie, schew, That his
Grace being occupyit in great affayres, could not this day give his
presence; and tharefore desyrit the haill breither, at afternoone, to
repare to the great chapell in the Abbay, qwhere he should propone
his mynd to them; and, in the meintyme, to superceid the electione
of a moderator qwhill then: qwhairunto the brether agreit, with
conditione it sould not prejudge the libertie of the Assemblie in
any poynt; lykas the Commissioners declareit they understand of no
prejudice meined thereby.