Part 29
3. _Honesta et justa varia sunt, et inconstantia a Deo et sola opinione constent._
4. _Juvenes et rerum imperiti et in libidinem proclives ab audienda morum physica arcendi._
5. _Quod aliud ab aliis bonis et per se bonum est, et causa cur cætera per se bona sunt, non est summum bonum._
6. _Dei agnitio nihil prodest artifici ad hoc ut arte sua bene utatur._
7. _Summum bonum vel {blank space} boni accessione augeri, et reddi potest optabilius._
8. _Pauper deformis orbus aut infans, beatus esse non potest._
9. _Bonum æternum, bono unius diei, non est majus bonum._
10. _Felicitas est actio animæ secundum virtutem._
11. _Potest aliquis sibi suo studio felicitatem comparare._
12. _Homo in hac vita et esse et did potest beatus._
13. _Post hanc vitam nemo potest vel esse vel dici beatus, nisi propinquorum vel amicorum ratione._
14. _Natura apti ad virtutem eam agendo comparamus._
15. _Virtus est habitus electivus in ea mediocritate positus quam ratio prudentis præscribit._
16. _Libera est nobis voluntas ad bene agendum._
17. _Mundus est physice æternus._
18. _Casus et fortuna locum habent in rebus naturalibus et humanis._
19. _Res viles et inferiores non curat Dei providenti._
20. _Animi pars una vel etiam plures sunt mortales, et quæ hinc pendent et necessaria consequuntur:_
And if any beis found to doe in the contrair heirof, the censures of the Kirk to proceed against them: And sicklyke, that Masters, Regents, and Teachers, Auditors, or wthers, assert or defend any of the saids propositiones alreadie condemned be the Kirk or wtherwayes that shall happen to be condemnit be thame heirafter prohibite _probabiter_ or wtherwayes, under the paine of the same censures of the Kirk.
Sessio 15.
_Item_, No act, nor any wther thing proceeding from the particular presbytries, haue fayth in tyme comeing, without the same be subscryved be the Moderator and Clark thereof.
Sessio 16.
The King’s Majestie’s Answers unto the heids presentit to his Heines from the Generall Assemblie of the Kirk.
_At Striveling, the 17 of October, 1583._
His Majestie having considerit the heids, and conferrit with the messenger, touching the meaning and explication of the generalitie thereof, Understanding the first poynt to be gatherit, of the granting of the benefite of pacificatione be his Heines to Mr David Chalmers: His Majestie knawing that man only to have beene forfaultit, for that commone actione of his being at the field of Langsyde, for qwhilk pardon wes grantit to so many, thocht it no new or strange thing, at the request of such as movit his Grace, to grant unto him the lyke benefite, as many wthers for the lyke cause had of before obtained: yet no wayes intending to spare the dew punischment of him or any wthers that may be chargit or fund culpable of the murther of his Heines’ dearest ffather, or that are or shall be adversars of the religione, and impugners thereof, against his Hienes’ lawes made thereanent, the executione of qwhilks his Majestie hes been, is, and will be, willing to further.
The second heid generallie conceavit; being particularly meinit of the young Laird of Fintrie, His Majestie wishes the Assemblie to remember how his Heines had dealt in this matter, and qwhat testimoniall the Kirk of Edinburgh grantit unto him. His Majestie hes not hinderit the proceedings of the Kirk against him, nor no uthers, but meins to hold hand thereto, according to the laws.
The third head being speciallie meant of ane William Holt, Inglishman, that escapit out of the Castle of Edinburgh, His Majestie hes answerit the Queen of England’s embassadour, who movit his Grace in that matter not lang syne. It is not ane uncouth thing to hear such ane man escait; alwayes what they understand be ane indirect meanes used for letting him depart, his Majestie being speciallie informit thereof, will, after dew tryall, see the offenders punischit according to their deservyngs.
The fourth head being very generall, his Majestie thinks the Assemblie will not think it pertinent for them to haue vote in the chusing of his Majestie’s servants, or to be over curious of the occasione of the placeing or removeing of them, neither yet of the intelligence betwixt his Heines and any forraigne countries, for enterteyning of civill peace and amitie, ffrom the quhilk na princes nor commonwealthes in the world abstaines, although being diverse in religione.
The fifth head concernyng the generall complaynt upon some speciall matters appeirandly expressit in the matters following:--His Majestie wishes the Assembly, as they wald be speciallie and directly answerit, so to forme their petitions, fforbearing any particular examples, to ground generall propositions, and to remember that his Majestie took the Government in his awne persone, there is no good and profitable lawes made for the advancement of the Kirk, and trew religione, nor of before, the default of the executione thereof, and performance of promise notwithstanding in his Heines’ default.
The sixth, meining especiallie of the Tack sett to the Laird of Seagy of certaine victualls furth of the superplus of the thrids, qwhilk he had of before in pensione,--that was nae new forme, nor any wayes prohibite. He could alseweill content him with the pensione, as he had it of before, frie of all payment of dewtie. The necessar considerationes that movit the granting thereof, are weill enough knawne to many. He is imployit in publick service, wanting the living qwhairunto he is provydit in title, dureing his father’s lyfetyme, and his service is, and may be, necessar both for his Heines and the Kirk.
For any thing that may be thocht omittit toward provisione of ministers, serving at the kirks annexit to abbeyes in the late dispositiones of them, that is well supplied be act of Parliament, the executione qwhairof hes rather stayed thir twa yeares past in their awne default, or wtherwayes, they craving to haue their assignationes continewit, as in the years preceiding, and as yet not haveing directlie answerit to his Majestie’s message, sent with his Maister of Requests, to the Assembly halden at St Andrews, &c. Alwayes his Majestie made choice of certaine barrones, and uthers of good appearance, knawne zealous to the furtherance of that good wark, lipning to haue had the assignationes formed before the Assemblie: But being uncertaine of the tyme appoyntit, therefore, this year, is doubtful if they cum in Edinburgh, qwhere, if they be, his Heines shall send directione to them to proceid, or in caise of their absence, shall appoynt wthers, so as the assignationes may proceid, and so wther things as are most needfull resolvit, without any farther delay.
Touching giving of spirituall livings to bairnes, and translating them in temporall lordships, His Majestie considers his awne skaith and hinderance of his service. Therein qwhatever abuse hes interit before his Heines acceptit the government, tyme, and the approbationes of such provisiones be decreits of the Sessione, hes brought the matter to that estate, as it cannot be utherwayes helpit then be the Parliament, qwhom unto these being proponit, his Majestie sould hald hand to haue such reformatione in this behalfe as possiblie can be obtaynit.
The default of punischment of wthers mentionat in the nynt head, and of the Act of Provisione of the Poore and Punisching of Vagabonds, man not be justly impute to his Hienes, qwho hes ever been willing and readie to grant commissione to such as the ministers thocht meitest to execute the same, qwherin inabilitie was in the judges ordinar.
The tenth heid being generall, His Majestie wald be glad not only to haue it explainit, but to hear all good advyces that shall be offerit to him for the reformatione of that qwhilk shall be found amiss, and how his lawes may have place, and justly ministrat to the comfort and commone benefite of all his good subjects.
The elevinth head is also very generall, and for the only one example that hes beene spoken of to his Heines, touching the removeing of the Principall of the Colledge of Aberdeine to be minister of St Androis, His Majestie trusts the Assembly will not think that matter, the substance weill considerit, either so proper to the Kirk, or so improper to the civill estate, but that his Hines and Counsell had good ground and reasone to direct his letters as he did upon the Generalls of the North Countrie, wharin nane was prejudgit--seing their was no charge conteyning power to denunce at the first, but rather to doe the thing requyrit, or compeir and schaw ane cause in the contrair.
[FIFTIETH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk, halden at Edinburgh, in the Over-Tolbooth thereof, the 10th of May 1586, Whair there was present his Majestie’s Commissioners, my Lord Chancellour, Justice Clark, Mr John Grahame, the Pryor of Blantyre, Mr Peter Young, with the Commissioners direct from the Synodalls and Universities.
Exhortatione made be Mr Robert Pont. My Lord Privie Seall, and Mr Peter Young, direct from the King’s Majestie, schew, That his Grace being occupyit in great affayres, could not this day give his presence; and tharefore desyrit the haill breither, at afternoone, to repare to the great chapell in the Abbay, qwhere he should propone his mynd to them; and, in the meintyme, to superceid the electione of a moderator qwhill then: qwhairunto the brether agreit, with conditione it sould not prejudge the libertie of the Assemblie in any poynt; lykas the Commissioners declareit they understand of no prejudice meined thereby.
Sessio 2. _Eodem die, in Capella Regia, coram Rege._
It pleasit his Majestie to propose the cause of assembling the breither to that place; and thereafter, prayer being made be Mr Robert Pont, the King proceidit to the nominatione of Mrs Peter Blackburne, David Lyndsay, Nicoll Dalgleische, to be on leets for chooseing a Moderator; and the said Mr David was elect Moderator, _hac vice_. Mrs John Robertsone, Alexander Rawsone, George Hay, Peter Blackburne, the Laird of Dune, William Chrystisone, William Hepburne, William Moriesone, Thomas Buchanane, David Fargysone, Robert Pont, Nicol Dalgleische, the King’s Ministers, Adame Johnstoune, David Home, Alexander Home, John Knox, James Brysone, Andrew Hay, James Andersone, Patrick Galloway, were nominat by the breither, Assessors.
His Majestie appoyntit my Lord Secretar, Justice Clark, Privie Sealle, Mr John Grahame, my Lord Culros, Mr Peter Young, to conferr, reasone, and advyse with the said breither on matters mutuallie to be proponit, and them, or any two of them, to concurr with the Assemblie on his Majestie’s behalfe, as his Heines’ Commissioners.
3 Sessio--_in Pretorio._
Anent uniformitie of discipline: It is thocht meit that the same be first proponit in the privie conferrence, and thereafter publicklie.
Anent the Registers of the Kirk: Mrs George Hay and Patrick Galloway being direct to the King’s Majestie for to solicite the redelyverance of the same, his Heines answerit, that they sould be delyverit to the clerk ilk day dureing the Assemblie; but at even they should be in the hands of the Lord Privie Seall, qwhill the end of the said Assemblie, betwixt and the qwhilk day his Majestie would be present himselfe.
Sessio 4.
It is thocht universallie meit, that through the haill countries there be orderly sett downe Presbytries in the places underwritten, quhilks are judgit most proper and convenient therefore, to the number following, viz. In Orknay, ane within the Toune of Kirkwall: In Zetland, ane within the Toune of {blank space}: In Cathnes 2, Thurso and Dornock: In Ross 2, ane in Tare and uther in Channonrie: In Morray 4, viz. Inverness, Forress, Elgine, and Ruthven: In Aberdeine 5, viz. Fordoune, Dier, Innerowrie, Aberdeine, and Kincardine: In Mearnes ane, viz. in Bervie: In Anguss 3, viz. Montrose, Dundie, Brechine: In Dunkeld ane: In Perth ane: In Dumblaine ane: In Striviling ane: In Lowthiane 5, Lynlithgow, Edinburgh, Haddingtowne, Dalkeith, Dumbar: In Fyfe 4, Cowper, St Androis, Dunfermling, Kirkcaldie: In Merss, Churnsyde: In Teviotdale 3, Melross, Jedburgh, Kelso: In Twedell, Peebles: In Annandaill, Muffet: In Nithesdaill 2, Drumfreiss, Sanchar: In Galloway 4, Glenluis, Wigtowne, Kirkcudbright, St Johnes Clawchane: In Carrick, Mayboll: In the Shreffdome of Aire,--Aire, in Cunninghame, in Irwing: In Ranfrew, Pasley: In Lennox, Dumbartane: In the Nether Ward of Cliddesdall: In the Over Ward 2, Lanerick and Biggar. And to the effect that the kirks qwhilk most propperlie sould be unite to every Presbytrie may be joynit thereto, qwhairupon the Presbytries may be erectit conveniently, the Assembly ordaynes Commissioners for ilk Sheriffdome.
Sessio 5.
The breither appoyntit to give in the names of the kirks as they thocht maist properlie might be casten in to the Presbytries, pronuncit their judgements in wreit, qwhilk were delyvrit to my Lord Clark Register, qwhom the Kirk requestit to visite and consider, and to giue his judgement thereof. As to the places qwhare the Synodall Assemblies shall be halden and the day of their next conventione; it is thocht meit that thair next Assemblies shall begine the first Tuesday of October nixt to come in the particular places following, qwhare being conveinit, they shall chuse at their awne optione the same, or such other places within their bounds as they think maist expedient thereafter; and so furth from tyme to tyme, as they shall appoynt and think meitest for the first tyme.
The Synodall of Orknay in Kirkwall: of Kaithnes in Dornock: of Ross in the Channonrie: off Morray in Elgine: off Bamff in Torrey: off Aberdeen in Aberdeine: off Angus in Mernes in Brechine: off Dunkeld in Dunkeld: off Dunblaine: off Fyffe and Perth in St Androis: off Lowthiane in Edinburgh: off Merss, Teviotdale, and Tweddall, in Lawder: off Nithsdaill in Drumfries: off Galloway in Wigtowne: off Kyle, Carrick, and Cuninghame, in Aire: off Cliddsdale, Ranfrew, and Lennox, in Glasgow.
The haill Kirk requestit my Lord Secretar to intreat with his Majestie, that the Generall Assemblie may be yearly heirafter observed, and to understand quhat tyme his Majestie thinks meet for the next conventione.
Anent the doubt movit, if it be leisum to any towne or citie quhare there is ane Universitie, and ane pairt of the parochine of the said towne lyand to landwart, but thair consents and votes, to elect ane minister to the haill paroche and universitie, pretending the priviledge of ane old use and custome: The Kirk hes votit thereto _negando_, that it is not leisome so to doe.
Sessio 6.
Anent the heid read afternoone, referrit to farther deliberatione: the Moderator declairit that the matter in a pairt being reasonit in privie conferrence, they had pennit two articles, quhilk they thocht good the Assembly sould judge upon, and to vote to the same if they find it expedient; quhilk being read and advysit with, the haill brethren gave consent thereto; of the quhilks articles this is the tennor:
It is found that all such as the Scripture appoynts Governours of the Kirk of God, as, namely, Pastors, Doctors, and Elders, may convene to Generall Assemblies and vote in ecclesiasticall matters; and all uthers that hath any sute or uther things to propone to the Assemblie may be there present, to giue in their sutes, and propone things profitable to the Kirk, and hear reasoning, but shall not vote: 2. There are four offices ordinare sett down to us be the Scripture, to witt, Pastors, Doctors, Elders, and Deacones, and the name of a Bischop ought not to be taken as it hath been in Papistrie; but it is commone to all pastores and ministers.
Mr David Cunninghame, Bischop of Aberdeene, is ordainit to be summoned before the Presbytrie of Glasgow, for abusing his bodie in adulterie with Elspeth Sudderland.
Anent Visitation; The Kirk, after reasonyng, hes fund that it is lawfull and necessare at this tyme, and the forme thereof continewand, and the rest of the circumstances thereof heirafter to be reasoned.
Sessio 7.
Anent the heids of Visitatione, and circumstances left to farther consideratione: At the desyre of my Lord Privie Seall, the Assembly directit Mrs Robert Pont, Andrew Melvill, Thomas Blackburne, Nicoll Dalgleische, Andrew Polwant, and Thomas Buchanane, to conferr with the King’s Majestie’s Commissioners thereanent, and such others matters as shall be communicat unto them.
In presence of the haill Assembly, compeirit my Lord Maxwell, and declareit, that be the King’s Majestie’s command, he compeirit before the said Assemblie, as he had found cautione to that effect before the Counsell to compeare before them this day; and, in respect of his obedience, protestit his cautioner sould be fred, and took instruments upon his compearance and protestatione.
The Assembly, in respect they knew not the cause of his compearance, nor the King’s Majestie’s command thairanent, desyreit him to be present the morne before noone; and, in the mean tyme, craving his Heines’ Commissioners knawledge heiranent. The saids Commissioners protestit that his cautioner sould no wayes be free, qwhill his Majestie’s minde be returned be them to the Assemblie.
Anent the propositione of the King’s Majestie’s Commissioners, made to the haill Assemblie, to resolve, be good and commone deliberatione, if they will accept the Bischops sett downe in the conferrence had betwixt certaine of his Majestie’s Councill and certaine of the brethren of the ministrie, or if they will refuse? The Kirk continowit their answer qwhill the morne, after the reading publickly of the haill conferrence. Albeit, the articles agreit in the conferrence halden at Halyrudehouse, betwixt certaine appoyntit be the King’s Majestie of his Counsell, and certaine of the ministrie callit be his Grace to that effect; the particulars being openly read, The brethrene agreit to the first article, it being conceivit in thir termes:--
It is condescendit that the name of a Bischop hes a speciall charge and functione annexit to it be the word of God, the same that the ordinarie pastor hes.
Compeirit the Earle of Mortoune. Lord Maxwell being accusit for the heiring of Mass, and the Act of the King’s Majestie’s Privie Counsell being read for the satisfactione of the Kirk thereanent; he answerit, that he had satisfyed the King’s law, and desyrit the conferrence of learnit men concernyng the Religione and participatione of the Lord’s table.
Sessio 9.
Anent the remanent Articles of the said conferrence: It was thocht good, first, to lay some grounds to reasone on: And, first, after reasonyng, it was concludit, that it is lawfull to the Generall Assemblie, to admitt a pastor or minister having a benefice presentit be the King’s Majestie unto the same: Sicklyke that visitatione is in the persone of pastors: _Item_, The Generall Assembly may send a man, accompanyed with such as the Presbytrie shall adjoyne to him in visitatione.
Sessio 10.
In answering to the heads of the conferrence had betwixt certaine of his Majestie’s Councill, and certaine of the brether at his command, the haill Assemblie declairs, that [by] the name of a Bischope, they only meine of such a Bischope as is descryvit be Paull; and swa understanding, they agree with the 3d Article of the said conferrence. Concernyng the 4th Article, it is agreed, that the Bischop may be appoyntit be the Generall Assemblie to visite certaine bounds to be limitat to him; and, in visitatione thereof, he shall proceed be the advyce of the Synodall Assembly, and such as they shall adjoyne to him. In receaving of presentationes and collationes, giving of benefices, he shall proceed be the advyce and vote of the Presbytrie qwhere the benefice lyis, and of certaine Assessors to be joynit to him, at the leist of the maist pairt of the Presbytrie and Assessors, unto the tyme the Presbytrie be better constitute, and the Generall Kirk take farther order. The same Assessors, at the first time, shall be nominat be the Generall Assembly.
Sessio 11.
He shall be subject, in respect he is a pastor as uther pastors are, to be tryit and censured in his lyfe and doctrine be the Presbytrie or Synodall Assemblie; and, because he hes Commissione of the Generall Assemblie, in that respect to be tryit be them. If he admitt or depryve without the maist pairt of the Presbytrie’s consent and Counsell, the deed to be null, and the doing thereof to be ane sufficient cause of deprivatione of him: his power to be _ordinis causa, non jurisdictionis_. Where they that commonly are callit Bischops may not overtake the haill bounds, callit of old Diocie, Commissioners shall be presentit be his Majestie to the Generall Assemblie, and admittit be them thereto, as the said Bischops are to theirs, and to be comptable allanerlie to the said Assemblie for their Commissione; and the Bischops to have no power within their bounds more than they have within his bounds, The Commissioners, being elect as said is, to have a like counsell and power in the execution of their office as the Bischops hes: That the Commissioners appoyntit to visite in their Presbytries or their particular kirks, as the Presbytries or Synodall Assemblies think good--not prejudging the Presbytrie’s particular visitatione. The same cause of lyfe and doctrine to depryve a Bischop or Commissioner that depryves a minister. The 14th Article agreit to. Anent the Assemblies, the first Article agreit to also.
The Commissioners of the King’s Majestie protestit, in respect the Assembly had casten down that qwhilk was requyrit in the Conferrence halden att Halyrudehouse, that nothing be done therein mair in the said Conferrence, nor this Assembly, have any force or effect; and namely, in respect they have subject Bischops to the tryall and censure of the Presbytrie and Synodall Assemblies: In respect of the qwhilk protestatione, the Assembly immediatly direct to the King’s Majestie Mrs Robert Pont, James Martine, and Patrick Galloway, to informe his Grace concerning this matter.
Sessio 12.
The brether direct to the King’s Majestie yesternight, reportit, that his Majestie could not agrie that Bischops and Commissioners sould be utherwayes tryit then be Generall Assemblie. In respect of the tyme, the Assemblie hes thocht it expedient, That albeit it be thocht lawfull and reasonable be them, that the tryall and censuring of pastores be in the Presbytries qwhair they remain, nottheless, that the tryall and censuring of such pastors as the Generall Assembly shall giue Commissione to visit, shall be in the hand of the said Assembly, or such as they shall deput, qwhill farder order be taine be the Generall Assembly.
Ordaynes Mr Andrew Melvill to penne a favourable letter to the French Ministers qwho are to repaire within the countrie to the King’s Majestie’s licence, assureing them of the travells of the Kirk at his Hienes’ hand and burrowes.
Anent the continwance of the Commissione gine to Commissioners appoyntit be the Generall Assemblie: It is resolvit, that the saids Commissioners shall continow in that charge for ane year nixt to come, and from thence furth, according as the said Assemblie shall think expedient.
Sessio 13.
Concerning the appellatione interponit be the Bischop of St Androis from the proces of the sentence of excommunicatione led and pronuncit against him be the Synodall Assemblie of Fyfe: It was thocht meit that Mrs Patrick Galloway and John Duncansone pass downe to the King’s Majestie, to desyre, if his Grace think good, that certaine of his Counsell be appoyntit, with certaine of the brethrene to be nominat be the Assemblie, to sicht the said proces and appellatione, before the same be brought in publick judgement and sight of the Assemblie? His Majestie’s answer being returnit, that he agries unto the said desyre.