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.