Part 30

Anent Commissione of Visitatione, aither the Bischop or uther: The Assemblie declaires, that all the saids Commissiones shall cease and take no effect in tyme comeing, without new Commissione from the Generall Assembly to them to that effect.

Sessio 15.

Ordaynes two or three of every countrie to resort to my Lord Clerk Register, to visit the platt of ministers’ steipends, and sicklyke of the Presbytries, and order thereof, qwhere they may giue their advyce and be best satisfiet. Qwhere the King’s Majestie and his houss makes residence, it is found meit that they, with his Grace’s ministers, be of that Presbytrie qwhere they make their residence; and the samen to be understand of the Nobilitie, their housses and ministrie.

The Letter ordaynit to be direct to the French Ministers being read, was thocht meit to be written over and delyverit to Monsieur Muline, under the subscriptione of the Moderator and Clark.

Sessio 16.

Forsuameikle as, in the Conferrence, some things were thocht meit to be proponed to the Assemblie, concernyng the matter of the appellatione of the Synodall Assemblie of Fyfe, interponit be the Bischop of St Androis; The Breither of the said Synodall, so many as were present, being desyrit to remove, protestit concernyng that actione, that the Assemblie sould proceed in forme, and take in the appellatione with the proces, heir the alleadgeances of the appellant and their answers, offering them readie instantly to offer; and so accordingly to proceed and judge, utherwayes howsoever they judgit, proceeded or sentenced in that matter, that it should be no prejudice to their proces and sentence, nor to them, nor to the whole Kirk of Scotland.

The breither, for the maist pairt, voited not to enter in the rigorous discussing of the appellatione and proces forsaid, but to be a midds therein, such as was proponit in wreit, and read be the Moderator openlie unto them, qwhereof the tenor follows:--

If the Bischope, be his hand-wreit or personall appearance in the Assembly, will in God’s presence deny, that ever he either publickly professed, or meined in any sort to acclaime a supremacie, or to be judge to uther pastors or ministers, or ever allowit the same to have any ground in God’s word--and, if he had so done, it had been ane error, and against his conscience and knawledge: 2. If he will deny that, in the last Synodall Assemblie, he acclaimit to be judge thereto, and if he did that, in that he errit, and in his superiours behaviour and contempt of the said Synodall, and his brethren present, and craved oversicht thereof, and promisand good behaviour in tyme to come: 3. If he will promise to clame no farther nor he may justly be God’s word, and according to the late conferrence, and indevore himselfe in all behalfes to schaw himselfe in all tyme to come, ane moderat pastor, and, in so far as may be able, ane Bischop prescryvit be Paul, and to submit his life and doctrine to the judgement and censure of the Generall Assembly, without any reclamatione, provocatione, or appellatione therefrom in any tyme comeing: For his Majestie’s satisfactione, and to giue testimonie with qwhat good will we wold obey his Heines, so far as we might and ought, or in our conscience we may, and for the good hope we have of his Majestie’s favourable concurrence in building of the house of God, and for quyetness to continow in the Kirk within this realme: And because the proces of excommunicatione was led, and sentence pronouncit dureing the tyme of the Conferrence, Qwhereupon his Majestie hes taken occasione of offence, qwhilk for many good causes war convenient for to be removeit, we will forbear to examine the said proces, or to decyde qwhatsoever provocation or appellatione, or to call in doubt the legalitie of the said proces, or condemn the said Synodall; yet, for the respects forsaids, and upon good and weightie considerationes, we hold the said proces and sentence as unled, undecydit or pronuncit, and repone the said Bischop in all respects so as may concerne the said proces and sentence of excommunicatione, in the former estate he was in immediately before the same, lykeas no proces or sentence had been led nor deducit against him; provyding alwayes he observe qwhat hes been promised be him in the premisses, and behave himself dewtifully in his vocatione in all tyme comeing.

Articles ordaynit be the Assemblie to be proponit and cravit of his Majestie.

It will please your Majestie to take some substantive order how the countrie may, without delay, be purgit of the pestiferous sect of Jesuites, speciallie of such as for the friendschip in the North is hichlie authorized; who, although they have been summoned to underly the law, and assiste summond to that effect, yet their non-compeirance dispensed with, they friely ganging through the countrie, meining nothing less then to depart, and Jesuites furth of the South and furth of France repairing of new to them.

_Item_, That seing papistry abounds in the North, be reason of the state of qualified ministers therein, for lake of sufficient provisione and stipends, that therefore assignationes be made unto them conformable unto the ministrie of the South, and that the thrids there be not assignit to the Kirks of the South, qwhill their owne Kirks be provydit sufficiently, and such as wtherwayes hes been disponit may be dischargit.

_Item_, That judges may be appoyntit in all schyres for executione of the acts of Parliament, made against the breakers of the Sabbath, adulterers, and such open transgressors of God’s law.

_Item_, That in chiefe borrows-townes, there be teaching ordinare four tymes in the week, besyde the discipline, visitatione of the seik, ordinare to pastors and wthers charges; that two ministers be appoyntit to such townes.

5. That order be taken how the Colledge Kirks may be servit.

6. That order may be taken for Manses and Gleibs to ministers makand residence at Abbay Kirks, as also such as hes or shall have manses and gleibs, may have their necessars thereto,--such as fewall and pastorage, with feall and deviot, such as was wont to be of old.

7. That all gifts of benefices having the cure of sawles annexit to them, disponit be his Heines _pleno jure_, and not qualified persones presentit to them with ordinar tryall and collatione following thereupone, may be declared, according to the king’s lawes alreadie made, null; and that his Heines will giue new presentationes thereupon to qualified persones, and the nullitie of the former gift to be discussit alsweill be way of exceptione as actione.

8. That all presentationes or gifts of benefices of cure less nor prelacies, disponit alsweill be his Majestie as a lawit patrone wtherwayes then to qualified ministers, or in any extrordinary forme not allowable to the commone law of the municipall lawes of this realme, and forme observit in the Reformit Kirk of the same, since his Majestie’s coronatione, may be annullit, and new presentations grantit to qualified ministers--admitting the nullitie to be discussed, alsweill be the way of exceptione as actione.

9. That all collations grantit be men that had no commissione nor ecclesiastical functione in the Kirk, nor of that place and countrie the tyme of the giving of the collatione, to be declarit null, and the fruits sequestred, at the least qwhill the persones claimand right be such collatione, be of new examined, tryed, and admittit, if he be found worthie be them qwho shall be appoynted to that effect, and authorized be this present Assemblie.

10. That the benefices of cure under prelacies, qwhereunto ministers are admittit, may be frie from payment of the first fruits and fyft penny, and may haue their signators of presentatione expede be the Privy Seall, in his Majestie’s owne subscriptione only, and the Secretars, without any payment or cautione found to the Thesaurer; and such poor men as hes alreadie payit or found cautione, for payment quhereof my Lord Thesaurer hes not already chairgit him in his compts, to haue the same refundit to them, or dischargit.

11. Seing the default of non-depryving the unworthie, culpable, and non-resident ministers proceeds of this, that sundrie of the bischops hes been negligent in syndrie places; in some wther parts there is no bischops or commissioners, and so the acts are not execute: the Books of Modification, full of such persones as haue never schawne themselves as ministers; That, therefore, ane commissione be gine to ane or ma qualified persons, ministers, to sit in Edinburgh, and call the non-residents and wthers delatit to be worthy of depryvatione, or depryvit, qwhere there may be consultatione of learnit men had, and the proces may be led without boast or fear.

12. It is heavilie complainit be many poor men, ministers and readers, having personages and viccarages assignit to them for their stipends, that they are exorbitantly and ungodlie used in taxationes, their benefice being lang syne decayed through the want of corps-presents, wpmost cloathes, peace fies, offerands, and such lyke things, wswallie payit in tyme of papistrie, qwhilks was the principall rents of many personages and viccarages; and that they must pay the extreamitie of the old taxatione according to the rate as rentalls war then, at least without any reliefe, qwhair the most part of the prelates exemit from preaching or service in the Kirk, gets the haile relief of the poor feuars and vassalls, and that therefore there may be found more equitable order of taxatione appoyntit for the tyme to come.

13. That it will please his Grace to cause consider what prelacies hes vaiked since the act of Parliament made in October 1581, and that speciall assignatione be made for sustaining the ministers of the Kirk belanging to them, of the readiest fruits of the same Kirks, wtherwayes the provisione according to the act to be declairit null.

14. That the Bischops, Commissioners of Argyll, and of the Isles, may be subject to attend upon the Assemblies Generall, and to keep their exercises and Synodall Assemblies, as in wther parts of this realme, whilks is ane furtherance to the King’s Majestie’s obedience, wtherwayes they appear as exeimit out of his dominione.

15. That his Majestie now yet give directione to some persones of experience and good will, to searche, enquire, and try the trew estate of the rentalls of all prelacies and wther benefices, at this present, and in qwhaise default, and be qwhat occasione they are so hurt and dismemberit, that thereafter the best remedies that is possible may be considerit and provydit, for helping of them hereafter, both for the weill of the King and the Kirk.

16. That his Majesty will cause the Lords of Sessione declare, whither his Grace or the Earle of Orknay hes right to the patronages of the benefices of Orknay and Zetland, to the effect that titles of benefices conferrit to poor men, ministers, be not ay in danger of annulling, upon incertaintie of the right of the patronage.

17. That no persons or stipends be put in the Book of Modificatione, but such as the Commissioners of the Kirk shall affirme and testifie upon their truth to be qualified persones, and actually making residence at their Kirks.

18. That viccarage-pensioners and stawars, as they vaike, after decease or deprivatione of the present possessors may accresce, to be imployit to principall benefice, and to be assignit to the minister in his living and stipend.

19. That all readers provydit of before to viccarages or stipends, may brook the same qwhill their deceise or deprivatione; and nane to be admittit to the title of any benefice of cure or stipend in the Book of Modificatione in tyme coming, but qualified ministers.

20. That the haill rents of the benefices of cure under prelacies disponit to ministers since his Heines’ coronatione, be assignit haillie and allowit to them in their stipends.

21. That the judgement of all causes of deprivation concernyng ministers for benefices in the second instance, shall come be way of appellatione to the Generall Assemblie, and there take finall end, and not before the Lords of Sessione, be way of reductione.

Sessio 17.

The qwhilk day Mr Andrew Hunter made protestation publickly in the Assemblie as follows, viz. That in respect that the Provinciall Assemblie of the Kirk of God, gatherit together in his name, and halden at St Androis the 12th day of Apryle 1586, for manifest crymes, open contumacie, hes justly and formallie, according to the word of God and sincere custome of the Kirk of God, excommunicat Mr Patrick Adamsone; and that in this Assemblie they take upon them to absolve the said Mr Patrick from the said sentence, the proces not being tryit nor heard in publick--the persone excommunicat declairing no signes of trew repentance, neither craveing the same absolvitor be himself nor his procurators before the very tyme qwherein they absolve him: He therefore for his part, and in name of all uther trew brethrene and Christians quho will be participat hereof, taks God to record of the dealling of that provinciall and this Generall Assemblie--protestit also before the Almightie, his holy Angells, and Saints here convenit, that he hes no assureance of God’s word nor of conscience, to effect, allow, or approve this his absolvitor; and, therefore, unto the tyme he persuade his conversione to be trew and effectuall, he cannot but hald him a man justly delyverit to Satane, notwithstanding the said absolutione: And this protestatione, subscryvit with his hand, he desyrit to be registrat _ad perpetuam memoriam_, and therewithall gave in the speciall reasons moveing him thereunto premittit to the said protestation; as the originall at lenth bears.

Mr Andrew Melvill and Thomas Buchanane adheirit to the protestatione made before.

Mr Patrick Adamsone subscryvit the conditions proponit be the Assembly before at Halyrudehouse, the 20th of May 1586, with his declaratione thereupon; for the quhilk cause the Assemblie absolvit him, and for the quhilks causes as they are contained in the said propositione at lenth, they declare as is above conteinit.

All ministers are exhortit and admonisched to judge charitably of uthers, albeit there be diversitie in their opinions and votes, remitting every man to God and his conscience; and that nane publickly nor in pulpit quarrell or impugne the determinatione of the Generall Assembly concernyng the appellatione from the sentence of the Synod of Fyfe.

Sessio 18.

The brethren direct to the King’s Majestie with certaine articles, craving present resolutione, reportit his Majestie’s answer--that in the haill heids fand little difficultie except quhilk is notit with his Majestie’s hand. His Grace agried that thare be Generall Assemblies every year, once, and ofter _pro re nata_.[23]

Matteris to be intreatit in the Presbytries.

The power of Presbytries is to give diligent labours in the bounds committit to their chairge, that the Kirk be keepit in good order; to inquire diligently of naughty and ungodly persones, and travell to bring them in the way againe, be admonitione and threating of God’s judgements, or be correctione. 2. It appertaynes to them to take heed that the word of God be purely preachit within their bounds, the sacraments rightly ministrate, the discipline intertained, and the ecclesiasticall goods uncorruptly distribute. 3. It belongeth to them to cause the ordinances made be the Assemblies, provinciall and Generall, to be keepit and put in execution. 4. To make constitutiones whilk concerns το πρεπον in the Kirk, or decent order for the particular kirks qwhere they governe; provyding they alter no rules made by the provinciall or Generall Assemblies, and that they make the provincialls forsaids privy to the rewles that they shall make, and to abolische constitutiones tending to the hurt of the same. 5. It hes power to excommunicate the obstinate.

His Majestie agried unto this fifth article in this manner: It hes pouer to excommunicate the obstinate, formall proces being led, and dew intervalls of tymes. Faults to be censured in the Presbytrie--Heresie, Papistrie, Apostacie, Idolatrie, Witchcraft, Consulters with Witches, Contempt of the Word, Not Resorting to the Word, Continuance in Blasphemie against God and his Trewth, Perjurie, Incest, Adulterie, Fornication, Drunkenness. Thir things for the present, and further qwhill order be taken in the conferrence.

Anent particular kirks: If they be lawfullie rewlit be ministers and sessione, they haue power and jurisdictione of their owne congregatione, in matters ecclesiasticall to take order therewith, and things that they cannot decyde to bring them to the Presbytrie.

Farther, it was schawne to the said Assemblie be the brether direct to his Majestie, that his Grace declareit, That for tryall of any sclander in the lyfe, conversatione, and doctrine of Bischopes or Commissioners, the said Assemblie sould appoynt ane number of brethren in every province, haveing power from the said Assemblie to try them and take probatione, lead process therein betwixt and the next Assemblie, if occasion sall fall out; remitting the finall sentence and determination to the said Generall Assemblie.

The Generall Assemblie of the Kirk giues full power and commission to certaine breither of every province to summond before them respective, at such day and place as they shall think expedient, the Bischopes and Commissioners, if they find occasione of sclander to aryse be them in lyfe, doctrine, or conversatione, at any tyme betwixt and the nixt Generall Assembly; and to try and take probatione thereof, lead and deduce proces against them, to the sentence exclusive; remitting finall judgement therin to the said Generall Assemblie.

Anent Moderators of Presbytries: Qwhill farther order be taine, it is agreit that where the Bischops and Commissioners makes their residence, that in these Presbitries they shall be Moderators, except in Fyfe, qwhairr, be his Majestie’s advyce, Mr Robert Wilkie is continowit Moderator of the Presbytrie of St Androis until the nixt Generall Assemblie.

At the suite of the Assemblie, his Majestie’s Commissioners hes agreit that the priuiledge qwhilk the Kirk had in the sessione of two dayes in the week for calling their actiones shall be restorit, and John Lyndsay and Mr John Grahame to be ordinary waiters on.

Sicklyke agried, with advyce of the saids Commissioners, that James Mowat be Solicitor for the Kirk, if Mr George Mackisone and he be agreed.

Commissioners war appoyntit to present unto his Majestie and Counsell the humble petitiones, complaints, articles, and heids delyverit to them, and humblie to crave his Majestie’s answer therunto--treat, conferre, and reasone thairupone, and upon such heads and articles as shall be on his Majestie’s behalfe, or be his Commissioners proponit to them; and qwhat herein bies proceidit, to reporte to the next Generall Assemblie of the Kirk.

Anent the excommunicatione of Mr James Melvill, minister of Kylrynnie, and certaine breither of Fyfe, be Patrick Hamiltone and Samuell Cunninghame: The Assemblie ordayns the Presbytrie of St Androis to take tryall in that matter, and put order to the same, according to the qualitie of the offence.

THE ESTATE and order of the Presbytries, with the bounds of the Commissioners, presentit be me Lord Clark of Register, and sett downe in his Lordship’s travells, at the request of the Kirk.

_Zetland._

Tingwell. Qwhytness. Vesdaill. Qwhalsa. Skerres. Nesting. Lunasting. Brassay. Burray. Sandsting. Esthting. Sandness. Papa. Fula. Vansa. Olaberrie. St Colme’s Kirk. Cross Kirk. Delting. Olnafyrth. Stalisla. Fetlarre. Hamnavoe. Rafuiren. Nestinzell. Unst. Sandwick. Cunnigsburgh. Cros Kirk. Faire Yle. Bulzesta. Dunrossness.

_Orknay._

Kirkwall. St Olawis Kirk. Birsa. Harray. St Androis Kirk in Deirness. Holme. Orfare. Stane House. Firth. Euie. Randell. Inhallow. Stromness. Sandwick. Russay. Eglissay. Weir. Valliss. Flottay. Farray. Hoy. Grimsay. St Nicolas Kirk. Marie Kirk. Peter Kirk, in Stronsay. Ethay. Farray. Ladie-Croce Kirk. Papa. Vestra. Ladie Kirk. Croce Kirk. St Colmes Kirk in Sanda. Schapinsay. Ladie Kirk in Burnwick. Peeter Kirk. Strownay. Burray. All in South Ronnalsay.

_Cathness._

Weik. Bonar. Vaiting. Cannisbie. Dunnet. Halkirk. Skenqwhair. Olrick. Lathroonie. Thurse. Ray. Ardurnes. Farre. Southerland. Assent. Dornoch. Creich. Lerg. Roggers. Kylmalchie. Clyne. Loch. Kyldonan.

_Ross._

Kyncardine. Taine. Eddertaine. Nigherbert. Talmurecester. Logie Eister. Rosken. Newmakyll. Alvess. Kylterie. Linlair. Dingwall. Chanrie. Ava. Kilmuirwester. Arthurfeir. Foddertie. Killernane. Suddie. Kinnettes. Urquhart. Logie Wester. Urray. Cullickden. Kilmorack. Kirk Chryst. Kirk Michael. Contane. Cromartie. Lochbroome. Lochalsie. Lochcarrone. Gerloch. Apple Croce. Kyntaill. Innerness. Bowochie. Fairway. Croy. Moy. Pettre. Brachtie. Bravaine. Dallarasch. Lundichie. Dawie. Durriss. Dacuss. Bolleskine. Vardlaw. Conveth. Comer. Abertarff. Kynnies. Laggane. Skyrre. Alloway. Rothiemurcus. Kyncardine.

_Morray._

Forres. Edinclachie. Altar. Raffort. Ardclache. Dollester. Alves. Lan Bryde. Dyke. Moy. Aldearne. Nairne. Kirkmichaell. Enneralloch. Knock Ardoche. Urquhart. Glenmoristowne. Ennerawine. Douthill. Abernethie. Abdie. Cromadell. Elgine. St Androwis Kirk. Spynay. Kingedward. Eslie. Duffus. Owgstoune. Dupplie. Ruthven. Aberloure. Skirdurskin. Pittenther. Birney. Rothes. Urquhart. Billie. Kynnore. Dumbennen. Botter. Elchiss. Glasse. Gorlay. Drimgalgie. Keith. Rothiemay. Forge. Drumblaitt. Murthlache. Dumnieth. Cabroche. Esse. Rynde. Achindore.

_Bamfe._

Rathwen. Foresken. Durduche. Kincallartie. Fordice. Cullene. Deskfuird. Orgowthill. Bamffe. Innerbundyne. Alnethie. Forgline. Ennerkeithnie. Aberchirdore. Gemry. Kingedward. Turreffe. Auchterless. Deir. Fetterangus. Lundlay. Methlick. Tarwess. Pettringay. Crichmund. Rathine. Lunmay. Cruden. Slaines. Furvey. Allane. Tyrie. Aberdowre. Fillorth.

_Aberdeene._

Logie-Buchane. Foveran. Balhelvie. Auld Aberdeene. Monycabock. New Aberdeene. Nige. Banchorie. Marieculter. Peterculter. Dilmaick. Duriss. Dyce. Fintray. Kintoir. Kinellane. Skeine. Kinnairnie. Ennerowrie. Momagie. Rothlie. Fyvie. Tarves. Logie Durnoche. Premna. Leslie. Dawid. Urie. Raine. Kynnathmont. Chrystis Kirk. Clait. Inche-Colsalmond. Fetterneir. Kyncardoneil. Glentannar. Lesmore. Cluny. Afuird. Keige. Lochinhill. Monymusk. Eght. Auchindore. Tarnatie. Strawchin. Birss. Boynd. Tulliche. Glennig. Abergardin. Crathy. Kindrocht. Tond. Cushnie. Colchodistore. Logie-Mar. Cowter. Migwie. Tarlane. Kildrummie. Glenbutchit. Ennernauchtie. Kirkthock. Forbes. Keir. Tillienessell.

_Meirnes and Angus._