The Lairds of

Clarkingtowne.

Elphinstowne.

Eastchester, Junior.

_Lynlithgow._

Mr Robert Cornwall.

Mr John Spottiswood.

George Dundass of that Ilk.

Nicoll Cornwall of Ballinhard.

_Dumbarre._

William Sandersone.

Mrs James Young.

James Douglass, appearand of Spott.

Archibald Douglass.

_Dalkeith._

My Lord Newbottle.

The Laird of Ormistoune.

Robert Porteous.

Mrs Adam Johnstoune.

Mrs John Bennett.

James Bennett.

John Herries.

_Merss._

_Teviotdale._

_Tweddale._

Mr Thomas Storie.

Mr John Hoome.

Robert Hyslope.

Mr Patrick Gaits.

Duncane Walcar.

John Smyth.

Alexander Lawder.

Mr Adam Dowglass.

Mr William Auchmoutie.

_Clydsdaill._

_Ranfrow._

_Lennox._

Andrew Hay.

Thomas Jack.

Mrs David Weymes.

John Hamyltoune.

Robert Darrochie.

Mrs Robert Lyndsay.

John Lawrance.

Walter Stewart.

Andrew Spittall.

_Kyle._

_Carricke._

_Chunninghame_.

Mrs John Porterfield.

John M‘Korne.

Peter Prymrose.

Mrs John Inglis.

John Cunninghame.

Alexander Weittowne.

_Galloway._

Alexander Stewart of Garlies.

James Lydderdale of the Yle.

Sir John Gordon of Lochinvar.

John Neilsoune of Craculhie.

Mrs James Hamyltone.

David Blyth.

Niniane Macklennochane.

James Adamsone.

_Neithsdaill._

Mrs James Brysone.

Hew Fullartoune.

Robert Lord Sanchar.

The Laird of Drumlanrie.

The Laird of Closetoune.

James Crichtoune of Carbethe.

_Townes_:--

_Strivelling._

Arthur Bruce.

David Foster.

_Leith._

William Monteith.

John Kylle.

_Wigtowne._

Sir Alexander Stewart.

John Ahaney.

Mr James Adamsone.

_Edinburghe._

William Little.

Edward Galbreith.[26]

_Acta Edinburgi_, 4 _Augusti_ 1590--Sessio 1^{ma}.

Exhortatione made be Mr James Melvill, Moderator of the last

Assemblie, the Kirk proceedit to the electione of a new Moderator;

and appoynting on the leitts, Mrs Peter Blackburne, Patrick

Gallaway, John Davidsone, David Fargusone, Mr Nicoll Dalgleische,

the said Mr Patrick, be pluralitie of vots, was chosen Moderator

_hac vice_: Qwha desyrit certaine of the learnit and grave brethren

to be given Assessors to him, be whose advyce he may propone such

things as were meitest to be treitit at this tyme, viz. Mrs Robert

Bruce, Andrew Melvill, David Lindsay, Robert Pont, David Fargwsone,

Peter Blackburne, Neill Campbell, William Rynde, John Duncansone,

James Melvill, elder and younger, James Carmichell, John Davidsone,

Nicoll Dalgleische, James Hamiltone, Andrew Hay, Robert Rollock,

Peter Primross, James Nicolsone, William Glass, qwho were appoyntit

to conveine with him at ten houres the morne, and two afternoone in

the Gallarie, and on wther dayes, qwhen there is no sermone, at awcht

houres, and twa afternoone.

Acta Sessio 2^a. Eodem die.

Commissioners of all countries were inquyrit qwhat they had done

concerning the executione of the last act made against Papists,

Jesuites, Seminarie Priests, excommunicats and their entertayners,

marcats and others profanationes of the Sabbath day, non-residents,

and the rest of the heids committit to the Presbytries and

Commissioners.

Sessio 3^a. 5 Augusti.

Mr John Innes was accusit for admitting Robert Dumbar to the ministry

without the advyce of the Presbytrie of Forres; qwha answerit, there

was no presbytrie thair the tyme of his tryall, but it was erectit

before his admissione, and he did it be the advyce of the Presbytrie

of Elgine, qwherein he confest he did raschlie. The Kirk ordayns the

said Robert to be tryit _de novo_, and to be heard be the brether

of Edinburgh, and presbytrie thereof, so many as shall be present,

with so many as are here of the Presbytrie of Forress, and thereafter

as the brether beis satisfyit, the Assembly informit farther to be

proceeded againes the said Mr Johne.

Sessio 4^a. Eodem die.

It being bruitit, that the Earl of Montrose intertained Fintrie,

excommunicat, The Assembly ordaynit the Presbytrie qwhair it sauld

happen him to remaine, to charge him before them, to try the bruit,

and to admonische, conforme to the act of the Kirk; and in caise of

disobedience, to proceid according to the mynde thereof.

Sessio 5^a. 6 Augusti.

My Lord Angus his excommunicatione reducit be reasone of

informalitie; and because there is sufficient cause of such censure

against my Lord in the said sentence, if the proces had been formally

led, Therefore the Kirk hes instantly desyrit his Lordship to remove

the cause; and to that effect maist diligently caire that the Sabbath

be not violat be ffaires or mercats within his owne bounds--that

no labouring nor carriage be wsit within the same, and that his

vassalls compell not their tennents to wse carriage on the Sabbath,

and likewise to travell with them, that they give some day of the

week to their tennents, as to schear and lead their cornes, that they

be not abstractit from the kirk on the Sabbath; Qwhaise answer was,

that with all diligence he could, he sould travell to that effect,

and at the rysing of the Lords, sould ryde home himself to Douglass,

and hold a court, and make lawes and penaltie for restraining ane

violation of the Sabbath.

My Lord Somerwell being present, alleadgit the priviledge of his

infeftment for holding the mercatt of Carnwath on the Sabbath;

notwithstanding he condescendit that no marcat nor ffair sould

be keepit their on the Sabbath; and in caise of his failzie, the

presbytrie there was commandit to proceed against him according to

the act of the Kirk.

Anent the lament made be the brethrene of the manifold kynds of

violatione and profanatione of the Lord’s day, be ganging of milnes,

saltpannes, schearing and leading of cornes, carying of victuall to

and from burrowstounes; The Assemblie, as of before, declares the

same to be unlawfull, against the law of God and acts of Parliament,

and ordaynes the violators thereof to be punisched conforme to the

ordinance made of before--discharging the burrowstownes from the

receaving of loads and carriages brought to them on the Sabbath day.

Ordaynes the presbytries to travell with the gentlemen within their

bounds, to grant some week day unto their tenants to that effect.

And farder, for better observatione of the Sabbath, ordaynes the

haill pastores here present to give in a Roll of the names of the

persons quhilks may best stopp the mercats within their bounds; to

the effect his Majestie may be requestit to interpone his authority,

to command the samen to them, or utherwayes to call them in caise of

refuisall.

Mr Thomas Dowglass was accusit for marriage of my Lord Errole and his

spouse without his owne paroche, being ane of his parochiners.

Sir James Williamsone, James Logane, sometyme monk of New Abbay,

excommunicat for profaining of the sacraments. ---- Symsone

transportit from Cramond to Strivilling.

Sessio 8^a. 7 Augusti.

Ane supplicatione was presentit be the parochiners of Endercharitie,

cravand ane Pastor, qwho will not in their prejudice, transact

with the patrone of their kirk my Lord Crawfurd, and sell their

teinds over their heads, and that no persone be admittit to the

said benefice bot such as shall interdyte himself either to

the provinciall Assemblie of Angus and Meirnes, or then to the

Presbytrie, qwhilk shall happen to try him: And they desyre ane

commission to be given to the Presbytrie of Dundie to that effect, in

respect _non patet tutis accessus_ to the Presbytrie of Brechine, and

the paroche is neirer to Dundie.

The Assemblie, after advysement heirof, ordaynes the brethren of the

Presbytry of Brechine, or such as they shall direct of their number

instructit with their commissione, together with the Presbytrie of

Dundie, to concurr together with the Towne of Dundie to the tryall of

the persone qwhilk shall happen to be presentit be the said Lord, and

before they give him any admissione, that he be sworne and interdytit

that he shall on no wayes sett tacks or make light of the saids

complainers’ teynds to no manner of persone, without the speciall

consent of the Generall Assembly had thereto, according to the acts

of the same, and lykewise give his speciall consent that the said

interdictione shall be published, utherwayes not to admitt him in any

wayes.

In presence of the King’s Majestie, the Moderator exponit to his

Grace three speciall articles, qwhilk the Kirk hes to crave presently

at his Heines hand, viz. The ratificatione of the liberties of the

Kirk;--the purging the land of Jesuites, Papists, Seminarie Priests,

abusers of the Sacraments;--and last, provisione of every kirk of ane

sufficient pastor ane sufficient living: To the qwhilk his Majestie

answerit, That in all Parliaments, first the liberties of the Kirk

are ratified. His will they knaw concernyng Papists and Jesuites,

and how earnest he is to purge the land of all such. As to the

provisione, he hes but his awne part: many moe hes interes therein;

desyreing that they wald cause Mrs Robert Bruce, David Lyndsay,

Robert Pont, and the Moderator’s selfe, to await upon the Councill

for answering thereof, and conferring with the Counsell thereanent,

qwham the Assembly nominat to that effect.

Humble Petitions of the Generall Assemblie cravit at his Majestie

and Honourable Counsell.

First, That in respect that many things hes been promised before,

and no executione following thereupon, that now performance may be

thereof, and the speciall declaratione of the meine and performance

thereof. _Item_, A ratificatione is cravit of all Lawes that hes been

made for the weill of the trew Kirk, together with ane new act of

Parliament especially establisching the Kirk’s jurisdictione, their

Generall and Synodall Assemblies, Presbytries, and Discipline; and

all acts made contrare to the libertie and jurisdictione of the said

Kirk preceeding the date heirof to be abolisched: and qwhill ane

Parliament may be had, the said act to be constitut in Counsell and

Conventione of Estates, if any shall happen in the meantyme to be

halden.

The purging of the Kirk and country of all Jesuites, Papists,

Seminarie Priests, and excommunicats--ane law for repressing and

punishing of the abusers of the holy Sacraments--ane law and meine

whereby ministers may be possessed in their gleibs and manses, and

peaceably enjoy them, and the contraveeners may be repressit and

punished.

Ane order for them that were at the Bridge of Die: ane law and

ordinance for keeping of the Sabbath: ane law and ordinance against

them that troubles or hurts ministers gangand to ther kirks and

executing their offices: ane strait law for repressing of the

bloodsched and murder in the countrie and all the quarters thereof,

and that the same may be purgit of the samen.

That all kirks within this countrie be sufficiently plantit with

ministers, teachers, and uthers necessare office-bearers, and

sufficient stipends appoyntit to them for serving of their cures, of

the best and readiest of the teynds and uther rents mortified to the

use of the Kirk, and the haill rest to be employit upon Colledges,

bringing up of the youth, and sustentatione of the poore, the fabrick

of the Kirk, and uther common affaires thereof.

Sessio 9^a. 8 Augusti.

My Lord Angus gave in ane supplicatione desyreing command to be given

to the Presbytrie of Lanerick upon his presentation to the personage

of Carmichael, qwhairof he is patrone, to giue admissione. The Kirk

ordaynes the Presbytries of Lanerick and Glasgow to concurr together

for decyding and taking order finallie therein.

Sessio 10^a. Eodem die.

Forsuameikle as it is certaine that the word of God cannot be

keepit in the awne sinceritie without the holy discipline be had

in observance: It is therefore, be common consent of the haill

brethren and commissioners present, concludit, That qwhosoever hes

borne office in the ministrie of the Kirk within this realme, or

that presently beirs or shall hereafter beir office therein, shall

be chairgit be every particular Presbytrie qwhere their residence

is, to subscryve the heads of Discipline of the Kirk of this realme,

at lenth sett downe and allowit be acts of the haill Assemblie

in the Book of Policie, qwhilk is registrat in the Register of

the Kirk--and, namely, the contraventit heads be the enemies of

the Discipline of the reformit Kirk of this realme, betwixt and

the nixt Synodall Assemblie of the provinces, under the paine of

excommunicatione, to be execute against the non-subscryvers; and

the Presbytries qwhilk sall be found remiss or negligent herein to

receive publick rebuke of the haill Assemblie: And to the effect

the said discipline may be knawne as it oucht to be by the haill

breither, it is ordaynit that the Moderator of ilk Presbytrie shall

receave from the Clark of the Assemblie ane copie of the said Booke,

under his subscriptione, upon the expenses of the Presbytries,

betwixt and the first day of September nixt to come, under the paine

to be openly accusit in face of the haill Assemblie.

It is thocht meet and concludit be the Assemblie, qwhair the

Presbytries are weell constitute, that the order of Commissioners of

countries shall cease, and ane act to be advysit heirupon against the

nixt meeting on Monnonday, qwhereas every Presbytrie shall have ready

the name of such as they shall think meet, for their Presbytries

to expede the platt for their kirks, admitt persones presentit to

benefices, and designe manses.

Anent the prejudice done to the Kirk be beneficit men, qwhilk stands

in twa sorts, viz. those within the ministrie, and of uthers beirand

no functione therein: The Kirk ordaynes the acts of the Assemblie to

be considerit and sichtit againe Mononday next, that it may be seen

if there be any act concludit against these persones, qwhilk are not

of the functione of the ministrie.

Sessio 11^a. 10 Augusti.

John Liverance, for his rasche excommunication of the Earle of Angus,

was ordayned to confesse his offence to God and to the said nobleman,

in presence of the congregatione on ane Sabbath day, at the kirk

where the said sentence was pronuncit; and the sentence reduceing the

said proces to be publicklie intimat be ane brother in audience of

the congregatione.

Sessio 12^a. Eodem die.

Robert Dumbar his admissione to the ministrie without the advyce of

the Presbytrie of Forres, was found null, and rescindit be the haill

Assemblie.

Anent the examinatione before the communion: It is thought meet for

the commone profite of the whole people, that ane uniforme order be

keepit in examinatione, and that ane schort forme of examinatione be

sett downe by their breither, Mrs John Craige, Robert Pont, Thomas

Buchanan, and Andrew Melvill, to be presentit to the nixt Assemblie.

Sessio 13^a. Augusti 11.

Forsuameikle as it beand the commone consent of the haill breither

of the Assembly, resolvit, That qwhere the presbytries are weell

and orderly constitute, the yearly electione and nominatione of

Commissioners over countries hitherto customablie observit in the

Assemblie is not necessare nor expedient, the samen presbytries

having establischit in their awne selfes ane sufficient power of

their awne number to send out instructit with their commissione

_pro re nata_ to take order with such things as falls out in their

bounds: Therefore it is thocht meit and universallie concludit, that

the said yearly electione of Commissioners over countries qwhere

presbytries are weell and sufficiently constitute, shall ceise in

tyme coming, and qwhairof before, the said Commissioners bure the

charge, to inroll the ministers and their stipends at the platt,

receive presentationes, and give collatione thereupon, designe manses

and gleibs; that the saids weill constitute presbytries, ilk ane

of them, shall yearly, ay and qwhill the necessity thereof craves,

elect and chuse out of their awne number, ane brother in name of the

haill presbytrie, for inrolling and expeditione of their stipend

at the platt; authorisit and instructit be them, with commissione

subscryved be the Moderator and Clarks of the presbytrie to be

schawne and producit to the modifier, and the samen Commissioners to

designe manses and gleibs within the bounds of the said presbytrie,

and in all things concernyng the executione of his commissione,

to be comptable and subject to the censure of the judgement of

the presbytrie, qwhom frae he receavit the same; and that all

presentationes be direct in tymes comeing to the presbytries qwhere

the benefice lyis; alwayes in admissione or deprivatione of Ministers

in Buchane, Aberdeene, Garrioche, and Marre, that Aberdeen and

Buchane proceed with mutuall advyce in admissione and deprivatione of

ministers, and lykewayes Marr and Garrioche, with mutuall advyce of

wthers; and in caice of variance the matter to be committit to the

Assemblie.

Anent the supplicatione given in be James Hering, desyring the Kirk

to call in William Blair, and to trauell with him to giue his consent

to the marriage of Agnes Blair his daughter, and if he had not cause

of refuseall, to giue command to the minister of the paroche to

proclaime their bands and compleit their marriage, notwithstanding

qwhatsomever ordinance made be them of before: The Assemblie haveing

heard both the saids parties, Finds that the said James hes not yet

satisfyit their ordinance, and therefore ordaynes him to delyuer

peaceablie in the hands of the magistrates of Perth, the said Agnes

to be delyverit to her father, upon conditione and securitie to be

tane be the magistrates forsaids for her securitie, or failzieing

of the said security, to be delyvered be the saids magistrates to

her good father betwixt and the first day of September nixt to come,

under the paine of excommunicatione, to be execute against him be

the Presbytrie of Dundie, upon the advertisement made to them be the

Presbytrie of Perth, before qwhom, after her delyverance, the saids

father shall prepare his reasons of refuseall to be judgit be them;

and in the meanetyme, discharges all ministers of proclamatione of

the saids bands, or compleiting of the said marriage qwhill the said

cause be tryit, and delyverance made, as said is.

Sessio 14^a. Eodem die.

Forsuameikle as it is considerit that the patrimonie of the Kirk

hes bein waistit be such as are clad with benefices, qwhilk is the

occasione of laike of provisione to the ministrie; Therefore, all

presbytries are commandit to try the beneficit men within their

bounds, and to examine in qwhat estate and conditione they receavit

their benefice, and in qwhat condition they are in presently;--as

also qwhat they now were that sett tacks and titles of their

benefice, or any pairt thereof, without consent of the Generall

Assemblie; and to report to their Synodall Assemblies, what they have

found, and alse the said Synodall to try where any thing is neglectit

be them, and report to the Generall Assembly.

Because great sclander lyes upon the Kirk throw manifold murthers,

notorious adulteries and incests, and the parties being under

proces, oft tymes evites the Kirk, and chyftes from place to place,

qwhairthrough the proces cannot weill be brought to a finall

sentence; dureing all the qwhilk tyme the sclanders continows and

increasses: _Queritur_, quhither pairties falling into such horrible

and odious crymes may summarly, upon the notorietie of the cryme, be

excommunicate or not? Answerit to the said questione affirmative.

Sessio 15^a. Augusti 12.

According to the directione of the Kirk for the restraining mercats,

and profanatione of the Sabbath day, within Edinburgh, be ganging

of their millnes, receaving of loads within their ports, selling of

flowre and fructuages, and suche other violatione of the said day:

The Baillies of the said burgh having direction from the Counsell,

declareit that the mynde of the Counsell is, notwithstanding of

qwhatsumever difficulties, to doe qwhat may be in their power for

removeing thereof, that all the rest of the burghes shall take no

sclander be them.

Sessio 16. Eodem die.

Ordaynes the brether of the Presbytrie of Edinburgh to peruse the

answer sett out be Mr Craige, against ane pernicious wryting put out

against the Confessione of Fayth, together with the preface made be

Mr John Davidsone, and if they find meit the samen be publisched,

that they may be committit to print.

Sessio 17^a. Augusti 13.

Forsuameikle as the dangerous insurrection made at the Bridge of Die

being considerit to have notoriously importit speciall prejudice

to the trew religion, publickly profest and establisched be the

mercy of God, within this realme, Nottheless the speciall authors

and interprysers of the same remaining under the said sclander,

hes never meinit to purge themselves thereof, be confessione of

their offence, and satisfying the Kirk of God therefore; The

Generall Assembly for this cause, presently conveint, hes given

their full power and commissione to the breither of the Presbytrie

of Edinburgh, with the concurrence of ane of the King’s Majestie’s

ministers, viz. Mrs Robert Hepburne, William Sandersone, Mrs James

Carmichaell, Thomas M‘Gie, George Ramsay, Adam Johnstoune, James

Law, John Spottiswood,--to summond before them in Edinburgh, the

Earles, Lairds, Barrones, frieholders, qwhilks were at the said

insurrectione, and speciall traffiquers and counsellors to the said

noblemen, and to charge them to acknowledge and confesse their

offence against the trew Kirk of God and his religione, and make

satisfactione for the sclander committit be them therethrough, under

the paine of excommunicatione; and that betwixt and the first day of

February nixt to come: referring to their discretion the particular

dyetts and order of proces to be keepit therein; provyding alwayes

that this commissione be execute betuixt and the said day--requyring

their brother, Mr John Craige, to remember this matter to the saids

Commissioners, as he would eschew the blame of the breither in caise

of his negligence.

Anent the provisione of the Generall Visitors direct to the north

and south pairts, as also Commissioners to be nominat to their

presbitries: The breither nominat to the said platt be the King’s

Majestie, are ordaynit to trauell with the modifiers, that the

Commissioners of the Kirk may be provydit, and assignationes given

for that effect.

[FIFTY-FIFTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk of Scotland, conveint at

Edinburgh, in the New Kirk thereof, the 2d day of July in the

year of God 1591.

Sessio 1^a. July 2.

Exhortatione being made be Mr Patrick Gallaway, last Moderator, the

Kirk proceidit to the election of ane Moderator for this tyme; and

putting on leitts Mrs Nicoll Dalgleische, Patrick Scharpe, James

Balfour, and John Davidsone, the said Mr Nicoll, be plurality of

votes, was chosen Moderator.

Sessio 2^a. Eodem die.

Forsuameikle as the alteration of the place of the Assemblie may move

some breither to cast ane doubt of the authoritie of this Assemblie:

The Kirk hes votit that there was ane reasonable and weighty cause

of the alteration thereof, and that nothing is done in prejudice

of their act--the speciall cause being the desyre of his Majestie,

qwho, for sundrie reasones, willit the Assemblie to be keepit here at

this tyme, qwhereof if any breither wald be satisfyit further, the

breither on the conferrence shall resolve them; and that this is ane

lawfull Assembly, notwithstanding the alteration forsaid.

Sessio 3^a. July 3.

Ordaynes ane article to be given to the King and Counsell to take

order with the cullorit and vagabond Egyptians, qwhilk defyles the

countrie with all manner of abominatione.

Anent the act made in the Assembly concernyng beggars: It is demit

expedient that the samen be publischit in every paroche be the

minister thereof, and put to executione be the pastors alse far as

concerns them, as they will be answerable to the Kirk.

Sessio 4^a. July 5.

Anent the subscriptione of the Book of Policie, injoynit in the

last Assembly: In respect the greatest pairt of the presbytries as

yet hes not satisfyit the ordinance of the Kirk, the Assemblie hes

ordaynit the former act to be observit and execute betuixt and the

next Assemblie, and the Moderator of everie presbytrie to sie to

the executione thereof, under the paine of forty shillings, to be

imployit to the use of the poore, besyde the open rebuke in the open

Assembly.

Anent sacriledge universallie reigning throw the whole realme: Seeing

it is commonly esteemit no sinne, and is unknawne to many for the

maist part: It is thocht meit that some trauell be taken be some

godly breither, to sett downe and draw that monster unto the awne

collours, and therefore desyres their brother, Mr Robert Pont, to

take paines in that subject.

The Kirk present hes willit their breither, Mrs Robert Bruce, David

Lyndsay, Peter Blackburne, Andrew Melvill, Robert Rollock, Thomas

Buchanan, James Carmichaell, John Davidsone, and John Johnstoune,

or any three of them, to peruse and visite the said Mr Robert his

Treatise, and to give to him their judgement therein, to the effect

the samin being perfytit, may be put _in mundo_, and presentit againe

to the full Assembly, that they may giue their opinion therein.

Sessio 5^a. Julii 6.

Forsuameikle as the order observit of before, in giving power to

certaine of the breither nominat thereto, to read and answer to

the Bills given in to the Generall Assemblie, it appeares to some

brethren to be inconvenient and derogatorie to the provinciall

Assemblies, speciallie in that far as the matters qwhilk are thocht

doubtsome to them and referrit to the full Assemblie, are committit

to the decisione of ffour or fyve brethren: It is thocht, therefore,

expedient in tyme coming that certain brether be chosen and namit be

the Assembly, who shall have power only to take in the supplicationes

and complaints qwhilks are to come before the full number, read

them, and consider if they come in pertinently before the Generall

Assembly; and if they be impertinent, to giue them answer on the back

of the Bills; and qwheneas they are pertinent, to bring them back to

the haill Assembly to be answerit therewith, their opinion in word,

qwhat they have considerit thereof, and where they think meit to be

answerit.

Sess. 10^a. July 8.

Anent the questione proponit--Whether they who usurpes the names

of Bischopes, and have been sometyme in the ministrie, and now will

neither serve the kirk themselves qwhereof they take up the fruits,

neither pay the stipends of them that serves as they are appoyntit be

the platt, there being sufficient rent to doe the same, but spend the

same in profane uses, aught to be censurit be the Kirk; and if they

will not amend, be excommunicat? It is answerit--Such persones aught

to be censurit be the Kirk--and if they amend not, to excommunicate

them.

Sessio 11^a. Eodem die.

Compeird my Lord Provand, President, with my Lord Culross and

Barnbarroche, and in name of the haill Sessione declareit, that

they understood that my Lord of Halʒairds, ane of their number, was

yesterday callit at the instance of Mr Patrick Simpsone, for calling

him before them, ane suborner; qwhilk matter indifferently depends

before them, being ane civill cause and proper to their cognitione,

and qwhereunto the Kirk is not judge; desyreing, therefore, that

the Kirk sould not proceed in their judgement thereupon until the

said cause before them took end, qwhereon, so diligently as was

possible, they were proceeding, and that they sould doe nothing to

the derogatione of the priviledge of the College of Justice.

After they were removit and the Kirk advysit with their petitione,

being callit in againe, The Assembly answerit, they wald doe

nothing to hurt or derogate to their priviledges, nor yet proceid

or judge in any civill matter; but in this cause, being chiefly

occupied in purgeing the members of their awne bodie, qwhilk is

ecclesiasticall, they micht judge without any prejudice to the civill

judgement, desyrand the Lords as they wald not hinder nor wish the

hinderance of their judicature, so they wald not think evill that

the Kirk proceeded in purging of their awne bodie and meddling

ecclesiasticallie.

Sessio 13. July 9.

Anent the foresaid matter, the Assemblie, after grave reasonyng

had, if it was expedient to proceed in this cause before the Lords

of Session had giuen their decisione, thought meit that my Lord

Justice Clark sould be demandit if he acknowledged the judgement and

jurisdictione of the Kirk or not? Qwha being callit and inquyrit as

said is, answered, that he acknowledgit with reverence the judgement

of the Assemblie in all causes appertayning to them: But in this

cause, qwhilk is civill, qwhereunto the Lords are _primario Judices_,

before qwhom also it presently depends, they cannot be Judges

_primario_.

After the qwhilk answers, being removit, and the Kirk farther

advysit, calling his Lordship in againe, they pronuncit that they

fand themselves Judges _primario_ in this cause, and instantly to

proceed therein--requyring him what farther he wald alleadge or

propone for his defence in the said cause: wha took instruments

of their interloquitor, protesting for remead of law; qwhilk

protestatione, because it was made _verbo_, and contaynit many heads,

he was desyrit to give into the Clerk in write.

Sessio 12. July 15.

Anent the act of the Lords of the Chekker, proceeding upon ane

supplicatione made be the breither of the ministrie to them, daited

at Halyrudehouse the tenth day of February 1591, declareing their

meaning to be, that all ministers that hes vitiat any benefices of

cure, in haill or in pairt, be purchasing unto themselves, thair

airs, and assignays, lang tacks of the samen within the worth of the

saids benefices, be compellit be the censures of the Kirk to restore

them againe to thair awne integritie to thair ministers presently

serving the cure; and to that effect requyres the Generall and

Synodall Assemblies, Commissioners, and Presbytries of the bounds

quhar the saidis benefices lyis, to take tryall of such persones, and

to proceed against them as said is, in most strait forme, according

as such a great anormitie in ministers craves, ay and qwhill they

have redintigrat the benefices qwhilks hes been corrupt and vitiat be

them as said is, but any farther process of law to follow thairupone;

as the said act, subscrivit be my Lord Chancellor, Newbottle,

Sir Robert Melvill, Parbroth, Blantyre, Carmichaell, Linclouden,

Colluthie, and Mr Patrick Young, beirs: The Generall Assembly of

the Kirk being advyseit therwith, allows and approves the said act

and advyce of the said Chekker, and ordaynes the same to be put in

execution in every Presbytrie, according to the tenor thereof.

Sessio 16. Eodem die.

The Assembly ordaynes universallie, that the acts of discipline

conteint in the acts of Generall Assembly, be keepit, alsweill in

Angus and Mearns as in other places.

Sessio 17. July 13.

Forsuameikle as it being deeply considerit be the Kirk, that many

things have been done by them, and be uthers pretendand the name

and title of the Kirk, greatly prejudiciall to themselves, their

discipline, and also the patrimonie and living of the Kirk, and

that be priviledge of good lawes, it is grantit and leisum to them

to remead themselves be revocation thereof; Therefore the haill

Assemblie, after grave and mature deliberatione, hes revockit,

and be thir presents revocks, all and quhatsumevir thing done be

them, or others cloathing them with the name and title of the Kirk,

prejudiciall to themselves, their discipline, patrimonie, and living,

as being enormlie hurt thereby, and protests according to the

disposition of the said law, solemnit as they may be heard in tyme

and place to seek remedie heirof; and for mair speciale expressing

and mair particular declaratione thairof, hes willit their brethren,

Mrs Robert Pont, David Lyndsay, Robert Bruce, and Andrew Melvill,

to conceive in write the forme thairof; the copie qwhairof ilk

Presbytrie is ordaint to receave, and to give command to the pastors

within their bounds, to intimat the said revocatione made in this

Assemblie from their pulpits.

Anent the forme of examinatione before the communione, pennit

be their brother Mr Craige: the Assembly thought it meet to be

imprintit, being be the author thairof contractit in some schorter

bounds.

Humble Petitions of the Generall Assembly of the Kirk, cravit of

his Majestie and Councill.

It is cravit that the acts of Parliament made for suppressing of

the inormities following may be put to execution: ffirst against

Jesuites, such as Mr James Gordowne, and the receipters of them; and

excommunicants, such as the Laird of Fintrie and the Master of Angus,

profainers of the sacraments, priuate men and women givers thereof,

idolaters, pilgrimagers, papisticall magistrates, sayers and hearers

of masse, givers of the sacraments according to the papisticall

forme, and receavers of the samen, committers of apostasies, publick

mercats upon the Sabbath day, violent invaders of ministers be

strickeing of them or be schedding of thair blood, profaining of the

Sabbath day be Robin Hood’s playes, murtherers and bloodshedders,

qwhilks overflow the whole land. _Item_, That the ministrie plantit

be sufficiently provydit, and also that ministers may be provydit

of sufficient living to the kirks implantit. _Item_, The act of

annexatione to be dissoluit; The new erectiones and patronages

dischargit; The act of dissolution of prelacies and benefices,

consisting of mae kirks than ane, be ratified and establisched: The

act of February without exceptione; The aucht of July eikit to it may

have place; that small benefices disponit to ministers may be free

of all taxations; That Manses and Gleibs be designit of Kirklands,

Abbays, Freir lands, and qwhatsumever Kirk Lands; That Manses and

Gleibs have their liberty of ffoggage, fewall, and pasture; That

commone kirks be disponit to ministers serving the cure: That every

kirk be provydit of ane sufficient pastor, and ane competent living

assignit to him for his service.

The Generall Assembly of the Kirk giues full commissione and power to

their lovit breither Mrs Robert Bruce, Robert Pont, David Lyndsay,

with his Majestie’s Ministers, to present unto his Grace and

Councill, humble Petitions and Articles of the Kirk, and with all

reverence and humilitie to crave answer thereof, conferre and reasone

if need be thereupon, and to report answer to the nixt Assemblie.

The Generall Assembly of the Kirk is appoyntit at Aberdeene, the 17

day of August 1592, in caice ane Parliament interveen not; in the

qwhilk caice, the brethren being advertised thereof be the Presbytrie

of Edinburgh, shall hald their Assembly qwhaire the Assembly shall be

for the tyme, and convein two dayes before the same.

[FIFTY-SIXTH GENERAL ASSEMBLY.]

Att Edinburgh, the Generall Assembly of the Kirk of Scotland,

conveint upon the 22 of May 1592.

Exhortatione being made be Mr Nicoll Dalgleische, Moderator of the

last Assembly: The Kirk proceedit to the election of ane Moderator,

and appoyntit in the leets, Mrs Robert Bruce, David Lyndsay, James

Balfour, and James Nicolsone. The said Robert was, be pluralitie of

vots, electit Moderator, _hac vice_.

Sessio 2^a. May 23.

Forsuameikle as the necessitie of tyme requyres that the greatest and

weightiest heads be first considerit; It was proponit to the haill

brethren to consider and decerne if they thocht meit or not, the Kirk

sould make sute for the Articles following:

1. That the acts of Parliament made in the year of God 1584 against

the discipline of the Kirk, libertie and authoritie thereof, be

annullit, and the samen discipline qwherin the Kirk hes been in

practise, ratified.

2. The abolutione of the act of annexatione and restitutione of the

patrimonie of the Kirk.

3. That abbots, pryors, and wthers prelates, pretending the title

of the Kirk, and voting for the same, without their power and

commissione, be not sufferit in tyme comeing, to vote for the same,

either in Parliament or wther conventione.

_Last_, That the countrie, qwhilk is polluted with fearfull idolatrie

and blood, be purgit: Qwhilks haill articles, the Assemblie thocht

most necessare to be cravit: and for putting of the same in good

forme, imployit their breither, Mrs Robert Pont, David Lyndsay,

Thomas Buchanane, and James Melvill; willing them to present the

same, at ten houres, to the full Assembly to be considerit be them.

As concernyng the voting in Parliament, in the name of the Kirk, if

it shall be thought leisum, the ministrie sould succeed in that part

in the prelats’ place; it is referrit to consultatione qwhill the

morne. And every brother is ordaynit to wey and debait that argument

with himselfe, and be readie the morne to reasone their opinion into

the same.

Sessio 5^a. May 24.

It is ordaynit in tyme comeing, that the breither receiving

commissiones from the Kirk, and slewthfullie observing the execution

thereof, shall be rebukit in the face of the Assemblie for their

negligence.

Sessio 6^a. May 25.

Forsuameikle as the Kirk, considering their dewtie first to God, and

the necessitie of the charge qwhilk is imposit upon them, seeing

the daily decay of religione, and laicke of justice, qwhereof the

effect is to the regrait of all trew Christians, mair and mair falls

out in miserable experience, and that the dewtie of their office

burdeneth them to discharge their conscience in this behalf to their

Soveraigne, to qwhome chiefly it appertayneth to procure remedie

thereof; Therefore directs their breither qwhilks war nominat before,

to present the Articles to his Majestie, together with Mrs Nicoll

Dalgleische, Patrick Symsone, Patrick Scharpe, John Malcolme, and

David Fargysone, to passe immediately to his Majestie to lament the

daily decay of Religione, disorder and laike of justice within this

realme, to crave his dewtie, as he wald answer to God, qwhat to be

done for remeid thereof, and grauely to admonische his Majestie,

in the name of the Eternall, to have respect in tyme to the estate

of the trew Religione perishing, and to the manifold murthers,

oppressionis and enormities dayly multiplied through impunitie and

laike of justice; and to discharge his kingly office in both, as

he wald eschew the fearfull challenge of God, and turne his wrath

aff his Majestie and the haill land: And to the effect his Majestie

may be the better informit of the particular, to lay downe the same

particularlie to him, and craue his answer, that they may report the

same to the haill Assemblie.

Sessio 10^a. Penult Maii.

Forsuameikle as, at the speciall desyre of the Kirk, ane Forme of

Examinatione before the Communione was pennit and formit be their

brother Mr John Craige, qwhilk is now imprintit and allowit be the

voyce of the Assembly: Therefore, it is thought needfull that euery

pastor travell with his flock, that they may buy the samen book, and

read it in their families, qwhereby they may be better instructit,

and that the samen be read and learnit in doctors’ schools in place

of the Litle Catechisme.

Sessio 15^a. Junii 2^d.

Mr Alexander Dicksone compeirand, and being inquyrit if he had

subscryvit the Articles of Religione, presently professit and

establischit within the Reformit Kirk of this realme, and communicat

at the Lord’s Table? Answerit he did, both in the Colledge of St

Androws and after. Being inquyrit, in what heads he differs to

subscryve? Answerit, he had sundrie heads qwherewith he agreid not

with the Confession of Faith and Articles of Religione forsaid;

wherewith being pressit with the Assembly, and that either now be

word, or the morne be wreit, he sould be speciall, at lenth plainly

avowit and protestit he differed from them in all the substantiall

heids and poynts of religione qwherein the Papists contraverts

with them: With qwhilk confessione and declaration forsaid, the

breither of the Assemblie being advysit, ffand that he had committit

apostacie, and therefore to have incurrit the paines thairof.

Sessio 17^a. Tertio Junii.

Anent the supplicatione of Mr Alexander Dicksone, in conclusione

offerand either to subseryve the Confessione of Faith, or within

fourty dayes to passe off the realme, and to that effect desyrand

to be freed from captivitie; The Assembly being advysit therewith,

desyred the Baillie of Edinburgh to take order with him according

to the tenor of the act of Parliament, and to sett him frie upon

cautione.

Sessio 22^a. Junii 6.

Anent the forme and order of excommunicatione to be used againes

notorious murtherers: The Assembly hes concludit that the order

containit in the excommunication be keepit and followit out according

to the tenor thereof.

Anent the haynous and cruell murther of the Earle of Morray,

committit be the Earle of Huntly and his complices, the brethren and

Assembly present hes given and gives ordinance and strait command to

the brethrene of the Presbytrie of Brechine, who hes already interit

in proces with him, to proceed with concurrence of two breither of

every ane of the Presbytries of Angus and Mearnes, against him for

the said cruell fact, according to the acts of the Assembly.

Sessio 23. Junii 7.

Anent the act made concernyng deposed ministers or persones in this

last Parliament; It was thought meet at the next Parliament, or

Conventione having the force or commissione of Parliament, to craue,

that where it else has been inactit, that notwithstanding the pastor

be deposit, the tacks and tithes sett be him shall nevertheless

stand, it be now provydit and addit to the said act, that in caice

the said tack or tithe be sett after the committing of the fact for

the qwhilk the persone is deposed, that such tacks, factories, or

tithes whatsomever, shall be null and of none availl, force, nor

effect.

The Booke of the Universall Kirk of Scotland Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained. · 第 100 / 182 题