Part 22

Mairover, ye shall lat the Assemblie understand, that in the particular conferrence bygane, syndrie matters hes beine agriet upon in generall termes as they were talkit and put in memorie, but yet are not put in sic forme and termes as war meit to put them in Articles in Parliament, to be past and approvit as particular Lawis; and therefore let the Assemblie appoynt some of their number to extend and put thir articles in sic forme and order as they wald wische them to be past in Parliament, specially in thir heads, viz. That the Assemblie will cause inquyre and cause informe us of the speciall names of the persons culpable in the faults nottit in their last Assemblie halden at Dundie, viz. That the Bischopes and Commissioners may be admonisched to refuse Readers the titles of benefices vaikand since the first day of November last bypast, although presentatione have happinit or happine to be; that the Assemblie declare how many sufficient and weill qualifiet ministers there is presently in Scotland, and in what place they wische them ratherest to serve.

And that they give their advyce how the remanent kirks, whereunto ministers cannot be had presently, may be servit, qwhill mair ministers may be had, and that the present auld possessors of the benefices be departit this life.

That they give us thair opinione and advyce of that portione of the rents pertayning to the kirks before the alteratione of Religion, qwhilk they think shall fall to us in case all benefices were now vaikand; and in the meine tyme qwhill they be, qwhat We shall have yearlie for the supporte of our estate and publick affaires of our realme.

That they consider the forme and proceeding, how the taxt for the speciall meins pairt shall be payit in tyme cuming.

As also to make us some licklie and good overture for the personages that shall occupy the place of the speciall estate in our Parliament in tymes cuming, after the decease of the present possessors of the place, in respect of the greit decay of the rents thereof.

That they send us their good advyce how ane forme of Judgement may be established, qwhill a Parliament, for calling of persones provydit to benefices sen our coronatione, to be depryvit therefrae upon the clauses irritant conteinit in their provisiones, for not doing their dewties in their vocationes, but leaving their charges and medleing with their secular benefices.

That the Assemblie giue their advyce upon the forme of presentation that We shall giue to these to be provydit to benefices, if this order take effect; qwhom to our presentatione shall be direct; qwhat shall be the forme and order of the tryall; and how shall the persone presentit be tryit, and what forme of admissione or collatione?

For ane grund thir heads are to be considerit.

That besyde the Diocie of Argyll and the Isles, of qwhilks boundes never rentalls war yet gine up, there is in Scotland about nyne hundred and twenty-four kirks, countand fyve score to the hundreth. Of thir, syndrie are pendicles and small parochines, and many kirks demolischit. Some parochines also are of greater bounds nor the parochiners may conveniently conveine to their paroche kirks. It lies bein thocht meit, therefore, to reduce thir nyne hundreth and twenty-four kirks to vj^c. and at every kirk to have ane minister, their stipend and living to be in four degrees.

Ane hundreth at 500 merks the piece. Ane hundreth at 300 merks the piece. Ane hundreth at 100 punds the piece. Ane hundreth at 100 merks the piece.

Or somewhat mair or less, as it may be neir thir soumes, beneath or above; all stipends and livings to be modified according to the possibilitie of the rent in that place. Thir considerationes are to be taken in, although all the benefices were presently vaikand.

Qwhair the parsonage and viccarage pension at any kirk are now severall benefices, to be all unitit and annexit in ane, for the better sustaining of the minister there.

Thir six hundred kirks to be devydit in fyftie Presbytries, twenty to every presbytrie, or thereabout.

Thrie of thir Presbytries, or moe or fewer, as the countrie lyes, to make ane diocie, according to ane forme after following, to be considerit of.

Of thir number, certaine of the Presbytries shall be the Synodall Assemblie, and ilk Synodall Assemblie shall appoynt the place within that province for thair nixt Synodall.

Of persones direct from the Synodall Assemblies, shall the Generall Assemblie consist.

Kirks devydit in quarters shall be provydit to ane man:--And if these quarters be annexit to any uther benefices, the quarters to be disseverit out of the provisiones of the persones to be provydit to these benefices when they vaike.

The Kirks devydit unto Prebendaries, to be gine to the ministers as they vaik. All benefices provydit to ministers, to be devydit the yeir of their deceis, equallie betwixt their wyfes, children, or executors, and the intrant minister.

Young men new come from schooles, shall only be promotit to the benefices and stipends in the low degree; and the eldest, of the greatest learning and judgement, to be promotit to the highest rank; and so to ascend _gradatim_, as they shall be judgit and tryed worthiest, from three year to three year, for the better eschewing of ambition and avarice; and that the chairges of the greater congregationes shall not be committit to young ministers at the first, nor shall they be preferrit to the eldest, of greater gravitie and judgement, at the first.

The estate of all prebendaries to be agnoscit and considerit, qwhilks are foundit upon the teynds of the paroche kirks, and qwhilks are temporall lands, To the effect that sic Prebendaries as are foundit upone teynds, may accress to the living of the ministers serving at the kirks, and the uthers to be provydit for the helpe of the schooles in the best forme that may be devysit.

And alwayes the Laik Patronages to remaine haill and unjoynit or provydit, except it be with consent of the patrones.

ANE FORME OF THE PRESBYTRIES AND DIOCIES.

_Orkney_, { Tingwell. { Kirkwall.

_Kathnes_, { Wick. { Dornach.

{ Striveling. _Edinburgh_, { Lynlithgow. { Dalkeith.

_Hadingtowne_, { Hadingtowne. { Dumbar.

{ Channonrie. _Rosse_, { Tayne. { Dingwell.

{ Forress. _Murray_, { Elgen. { Innerness.

_Bawmfe_, { Aberdeene. { Innerowrie. { Kyncardinonell.

_Angus_, { Dundie. { Keremure. { Kethenis.

_Mernis_, { Fordonne. { Bernoy.

{ Perth. _Dunkled_, { Dunkeld. { Creiff.

{ St. Androis. _St. Androis_, { Falkland. { Dumfermling.

{ Chirnsyde. _Jedburgh_, { Dunse. { Kelsoe. { Jedburgh.

{ Melros. _Peblis_, { Peblis. { Bigger.

{ Lanarick. _Glasgow_, { Glasgow. { Dumbartane.

{ Aire. _Aire_, { Irving. { Mayboll. { Cammonell.

_Gollaway_, { Qwhitterne. { Kirkcudbright.

{ Drumfries. _Drumfries_, { Penpont. { Lochmaben. { Annand.

Sessio 8.

Anent the report of the breither appoyntit to consider the platting of the kirks gine in to them in rows, and to report their judgement what they think meit to be reformit therein; a greit part of the saids rows beand reproducit with their judgement qwhilk they could presently resolve upon in sic schortness of tyme qwhill they be farther resolvit with advyce of their countries; The haill Assemblie thocht meet that ane beginning be had of the Presbytries instantly in the places after following, to be exemplator to the rest that may be established heirafter.

_The Presbytrie of Edinburgh._

Edinburgh. Halyrudehouse. Castle of Edinburgh. The Wast towne of Dudinstowne. Leith. Restalrig. Mussilburgh. Natoune. St Cuthbert. Corstorphing. Cramond. Gogar. Ratho. Kirknewtowne. Currie. St Bothomes. Hayles. Libbertowne.

_The Presbytrie of Dundie._

Dundie. Balumbie. Maines. Strethmartane. Monoswith. Murrois. Logiedundie. Liff. Innergowrie. Tealing. Lundie. Benun. Auchterhouss. Inchesturie. Rossie. Langforgund. Foulis. Inneraritie. Kirkbriddoll.

_The Presbytrie of St Androis._

St Androis. St Leonards. Seress. Carraill. Anstruther. Carnbie. Newbirne. Dymminow. Kylconquhar. Abercrombie. Largo. Cowper. Auchtermoonsie. Lewchars. Forgownd. Balmerinoch. Logiemurth. Kylmaine. Darsie. Kenbege. Kylrinne.

_The Presbytrie of Perth._

Perth. Kynnowll. Kynfauns. Methven. Pittwarror. Kynclevine. Logybryd. Auchtergowine. Scoone. Cambsmitchell. Tibbermure. Dumbarnie. Rynde. Duppline. Abernethie. Dron. Arngask. Mucarsie. Forgundine. Aberdagie. Fortiviet. Monzie. Regortowne. Loncardie. Trinitiegask.

_Presbytrie of Striveling._

Cambuskenneth. Logy. Dumblaine. Lycrope. Kylbride. Aberfull. Port. Clackmanan. Tulliebodie. Tullieallane. Kylmadock. Kyncarden. St Ninian’s Kirk to be devydid. Larbarr. Dunnipace. Kirk of Mure. Kyppey. Alvethie. Tillicultrie. Kylmahugo. Leney. Callendrech. Airthe. Brothkenner.

_The Presbytrie of Glasgow._

Glasgow. Campsie. Fintrie. Strabrane. Caldar. Monkland. Lenzie. Ranfrew. Inchynnane. Cambuslaing. Rutherglen. Carmanock. Bothwell. Schottis. Paislay. Merines. Neilsone. Kilbryde. Torreiss. Gowane. Blantyre. Eistwoode. Cathcart. Monyabrock.

_The Presbytrie of Aire._

Aire. Alloway. Tarboltowne. Barnwell. Cumnock. Monktoune. St Kenockis. Prestick. Wchiltrie. Auchinleck. Mauchlen. Gastowne. Qwiltoune. Cragy. Riccartowne. Dundonald. Symontoune.

_The Presbytrie of Irwing._

Irwing. Large. Kylbryd. Ardrossan. Kylwynning. Kilmarnock. Lowdon. Dalry. Dunnalop. Kilbirney. Beith. Kilmauers. Prestowne. Dreghorne. Stevinsone.

_The Presbytrie of Hadingtowne._

Hadingtowne. Elstarfred. St Martine’s Kirk. Bowden. Sowtrey. Bothaines. Morhame. Ormstowne. Aberladie. Gulane. Northbervick Paintland. Saltowne. Tranent. Seatone. Barraw. Garwont. Fala. Rothinschell. Keithhumbie.

_The Presbytrie of Dumbar._

Dumbar. Spott. Lyntone or Prestonekirk. Innerweik. Auldhamsteiks. Coldbrandispeth. Awld Cammous. Qwhittinghame. Stentowne. Qwhytkirk. Bass. Auldham. Tinnynghame.

_The Presbytrie of Chirnsyde._

Chirnsyde. Foulden. Mordingtowne. Coldinghame. Ayttowne. Lammertowne. Wintowne. Fischweik. Horneden. Wpsettlingtowne. Lainell. Hirsell. Simprem. Hiltoune. Qwhitsone. Eldrem. Bonkle. Prestoune. Ellana. St Bothanes. Dunss. Langformagus. Cranschaws. Langtowne. Foggow. Swintowne.

_The Presbytrie of Linlithgow._

Linlithgow. Bynnie. Caldercott. Caldercleir. Strabrock. Inchmachame. Kirklistoune. Auld Cathie. Drummaine. Torphichen. Bathcat. Levingstowne. Kynnell. Carridden. Slamannane. Abriecorne. Falkirk.

_The Presbytrie of Dumfermling._

Dumfermling. Carnock. Innerkething. Ressythe. Auchterdirie. Ballingarie. Aberdour. Dalgatie. Auchtertool. Kirkaldie. Ginghorne Eister. Ginghorne Waster. Dysert. Weymes. Methell. Ginglassie. Culrosse. Crumbie. Torrie. Saline. Cleisch. Muckart. Dolor. Glendovan.

And to the effect this ordour of Elderschips may be establisched in the saids townes with the better expedient and mair convenient forme, they have namit the breither underwritten, to take care and travells, and to sie the same constitute betwixt and the last day of May nixt to come, viz. For Lawthiane, Mrs Robert Pont, Adam Johnstowne, James Carmichael: ffor Fyfe, David Fargysone, Thomas Buchanan: ffor Angus, the Laird of Dun, Mr Chrystiesone, James Andersone, James Melvill: ffor Striviling and Linlithgow, Robert Montgomrie, John Duncansone, the Bischope of Dumblane: ffor Glasgow, Andrew Hay, Thomas Smetoune, Andrew Polwart, and the Bischop of Glasgow: for Aire and Irving, John Porterfield, John Young, John M‘Corie: ffor the Merss, John Clappertoune, Patrick Gaitts: ffor Perth, the Minister there, William Rynd, and William Edmestoune; Ordayning every Elderschip in the first Assemblie to be halden, to chuse out of their numbers ane Moderator to continew till the nixt Synodall Assemblie.

Sessio 9.

Forsuameikle as travells hes been taken in the forming of the Policie of the Kirk, and diverse sutes made to the Magistrate for approbatione thereof, qwhilk, albeit as yet, hes not taken the happie effect qwhilk good men would crave; yet that the posteritie sould judge well of the present age, and of the meining of the Kirk, the Assemblie hes concludit that the Book of Policie agriet upon in diverse Assemblies before, sould be registrate in the acts of the Kirk, and to remaine therein, _ad perpetuam rei memoriam_, and the copies thereof to be taken be every Presbytrie: of the qwhilk Book the tenor follows:

HEADS AND CONCLUSIONES OF THE POLICIE OF THE KIRK.

[The Book of Policie, or Second Book of Discipline, has been already so often printed, in Dunlop’s Confessions, the Compendium of the Laws of the Church, and separately, along with the First Book of Discipline, that it is deemed unnecessary to encumber the present work with a reprint of it from the Assembly’s Register.]

Anent the CONFESSION OF FAITH lately set furth be the King’s Majestie’s proclamatione, and subscribed be his Heines, The Kirk, in ane voyce, acknowledges the said Confessione, to be ane trew and Christiane Confession to be agriet unto be such as trewly professe Christ and his trew religion, and the tenor thereof to be followit out as the samin is laid out in the said proclamatione.

Ane method of Preaching to be printed and putt in Scotts be Mr Thomas Smeton.

Forsuameikle as Abbots, Commendators, Priores, and Bischops, provydit of auld, under the name of Ecclesiasticall, bruiks the rents and revenews of the Kirks, without exercising any spirituall functione thereof, or recognoscing the true Kirk, devowring the patrimonie of them, and daily diminisching the rents of their benefices; The Kirk and Assembly present, hes determined and resolved, that all such persones before named, shall be cited before the Presbyteries, to compeir before the next Generall Assemblie of the Kirk, to submitt themselves thereto, as they will answer unto the Kirk.

Anent Readers; Forsuameikle as in Assemblies preceiding, the office thereof was concludit to be no ordinar office in the Kirk of God, and the admissione of them suspendit to the present Assemblie: The Kirk, in ane voyce, hes votit and concludit farther, that in no tymes comeing any Reader be admittit to the office of Reader, be any haveing power within the Kirk.

Ordaines the Commissioners of Countries to give in the names at afternoone with the persons they think meit, to the union and divisione of the Kirks.

Certaine appoyntit to forme the Articles agreit on in conferrence.

The advyse of the Kirk concerning the direction of Presentations, that they be directit to the Presbytries.

To crave of his Grace for performance of the wark intendit, that prelats be dissolvit.

Sessio 10.

Anent the place of repentance to be appoyntit to Captaine Anstruther for his fearfull defectione from the trew religione in the parts of France; the haynousness and gravitie of his defectione being weill weyit and considerit, qwhilk requyrit solemne and notorious repentance,--The Kirk hes thocht meit, and be voteing concludit, that his repentance be made in the city of St Androis, after the forme of discipline sett out against the apostates.

[FORTY-FOURTH GENERAL ASSEMBLY.]

The Generall Assembly, conveint at Edinburgh, the 17th of October 1581, qwhair there was present the Commissioners.

Sessio.

Exhortatione made be Mr Robert Pont. Leitts, Mrs John Craig, Andrew Melvill, David Lyndsay, and John Duncansone; the said Mr John, be plurality of votis, was chosen Moderator _hac vice_, whose absence before noone, the said Mr Robert was ordaynit to supplie. Assessors, Mrs James Lawsone, Robert Pont, Andrew Hay, Andrew Melville, David Lyndsay, Thomas Smetowne, Alexander Arbuthnott, Andrew Polwart, and David Fergusone.

Sessio 2.

The Assemblie ordaynit Mrs Adam Johnstone and John Durie to pass to the King’s Majestie in name of the Assemblie, desyring his Heines to direct Commissioners from his Grace to see the proceedings of the Assemblie, and continew therein; quha returning, declareit that for sundrie affaires of Counsell he could direct nane qwhill Thursday, and that day his Grace sould send some instructed with his commissione.

The haill Bishops being called, nane was present but Dunblane.

Anent the constitution of Presbytries appoyntit in the last Assembly; The persones to whom the charge thereof was committit, being callit to giue ane account of their diligence herein: ffor Lowthiane they had not proceidit: anent Lynlithgow, be reason that thir diverse yeares bygane, no Exercise hes been there, besyde the inlaike of ane good moderatour, and therefore thocht it meitest that the Presbytrie sould have bein in Calder, where the Superintendent micht be had to be Moderator; allwayes referrs that to the brether.

After voteing, the Kirk concludit that the Presbytrie be still in Linlithgow qwhill the next Assemblie, and no transporting nor change of the place of the Presbytrie, without the determinatione of the Generall Assemblie, as lykewayes of all uther Presbytries; admonisching also the towne of Lynlithgow be their Commissioner, that if good concurrance be not had be them therunto, that the Kirk wald transport the Presbytrie from them. The rest of the Presbytries referrit to farther deliberatione and diligence.

Sessio 3.

For eschewing of sic misorder as fell out in the persones of Alexander Mure, minister at Falkland, quha married persones divorced for adulterie, and Alexander Foster, minister at Tranent, who baptized ane bairne in ane priuate house, as lykewise ministratione of the Lord’s Supper and celebratione of marriage in priuate houses; It is concludit be common consent of the haill brethren, that in tymes comeing, no marriage be celebrate, nor sacraments ministrat in priuate houses, but solemnlie according to good order hitherto observit, under the paine of deposition of the persones that wses the said ministratione from their office and functione of the ministrie in tyme cuming.

Sessio 4.

The Assemblie of the Kirk gives full commissione to the Elderschip of Dundie to call the Maister of Gray before them, to give ane account of his professione, and to give confession of his fayth, and to proceed against him according to the acts of the Kirk, and that with all possible diligence.

Sessio 5.

His Majestie’s Commissioners inquyrit of the Commissioners of the Kirk, in caice the Kirk damned the office of Bischops, qwherunto alse is annexed ane temporall jurisdiction, wherin the Kirk is servit be voting in Parliament, assisting in his Hienes counsell, contribution in taxations and sicklyke,--qwhat overture they wald shew, qwhereby the King be not prejudged be the taking away of that estate?

For advysing of this head, qwhilk the Assemblie thocht very weighty and of great consequence, they have nominat Andrew Ker of Fawdonsyde, the Lairds of Coldenknowes, Keir, Cardoune, Segey, the Proveists of Edinburgh and Striveling, the Commissioners of Edinburgh, Striveling, Leith, Perth, Montrois, Mrs Andrew Hay, Andrew Polwart, John Porterfield, William Rynde, David Fargysone, John Rutherford, David Lyndsay, William Edmestowne, with the sax brethrene on the conferrence.

Forsuameikle as the King’s Majestie, with advyce of his counsell, hes sett out and proclaimit ane godly Confessione of Fayth, to be imbraceit be all his trew subjects, and be the same expressly giving commandment to the ministrie to proceid against whatsumever persones that will not acknowledge and subscryve the same, qwherein great negligence hes been seen, far by the dewtie and office of trew pastors: Theirfore the Kirk and Assemblie present, hes enjoynit and concludit, that all ministers and pastores within their bounds, with all expedient and possible diligence, execute the tenor of his Majestie’s proclamatione betwixt and the next Synodall Assemblies of every Province, and present before the Synodall Assemblies to the Moderator thereof, the dewtiefull diligence in this behalfe, to be reportit to the next Generall Assemblie of the Kirk, under the paine of deprivatione of the saids ministers from the functione of the ministrie, that beis negligent herein.

Sessio 6.

The brethren appoyntit to conferre upon the overture to be made to the King’s Majestie’s Commissioners concernyng Bischops, Reportit, That after lang reasonyng, they had agreit in this far, that twiching voting in Parliament, assisting in Counsell, Commissioners from the Generall Kirk sould supply the place of bishops: And as to the exercising of the ciuill or criminall jurisdictione anent the office of bischops, the Heritable Bailies sould use the same;--referring to the judgement of the haill Kirk to consider of their answer, if they thocht the same meit to be communicat be the said brother to the King’s Commissioners: qwhilk the Kirk altogether thocht meit, and allowit the judgement of their brether.

Sessio 7.

Compeirit James Melvill, Gentleman of the King’s Chalmer, and presentit unto the Kirk, his Majesties writting concerning tryall to be taken of certaine words alleadged spoken be Mr Walter Balcanquell in his late sermone against his Heines cousine, Duke of Lennox, with credit to the bearer, who schew that in this far he had credit to speak, that because at the last calling of John Durie and the said Mr Robert before the Privie Counsell, upon accompt of their sermones, offence was taken in the Kirk, therefore his Grace laments the matter to the Assemblie, willing them to try the matter and to putt order therein.

The words wherein the Duke’s Grace is offendit are thir; That the said Mr Walter had spoken in pulpit, that within this four years, Papistrie had enterit in the countrie, not only in the court but in the King’s hall, and maintained be the tyrannie of a great campione, who is callit Grace; and if his Grace vald oppone himself to God’s word, he sould haue little grace. Further, concernyng the Bischope of Glasgow, the King’s Majestie desyrit they sould stay any proceedings against him as bischop; yet if there be any uther thing the Kirk hes to lay to his charge, let them use their order.