Part 34

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.