Part 35

Anent the foresaid matter, the Assemblie, after grave reasonyng had, if it was expedient to proceed in this cause before the Lords of Session had giuen their decisione, thought meit that my Lord Justice Clark sould be demandit if he acknowledged the judgement and jurisdictione of the Kirk or not? Qwha being callit and inquyrit as said is, answered, that he acknowledgit with reverence the judgement of the Assemblie in all causes appertayning to them: But in this cause, qwhilk is civill, qwhereunto the Lords are _primario Judices_, before qwhom also it presently depends, they cannot be Judges _primario_.

After the qwhilk answers, being removit, and the Kirk farther advysit, calling his Lordship in againe, they pronuncit that they fand themselves Judges _primario_ in this cause, and instantly to proceed therein--requyring him what farther he wald alleadge or propone for his defence in the said cause: wha took instruments of their interloquitor, protesting for remead of law; qwhilk protestatione, because it was made _verbo_, and contaynit many heads, he was desyrit to give into the Clerk in write.

Sessio 12. July 15.

Anent the act of the Lords of the Chekker, proceeding upon ane supplicatione made be the breither of the ministrie to them, daited at Halyrudehouse the tenth day of February 1591, declareing their meaning to be, that all ministers that hes vitiat any benefices of cure, in haill or in pairt, be purchasing unto themselves, thair airs, and assignays, lang tacks of the samen within the worth of the saids benefices, be compellit be the censures of the Kirk to restore them againe to thair awne integritie to thair ministers presently serving the cure; and to that effect requyres the Generall and Synodall Assemblies, Commissioners, and Presbytries of the bounds quhar the saidis benefices lyis, to take tryall of such persones, and to proceed against them as said is, in most strait forme, according as such a great anormitie in ministers craves, ay and qwhill they have redintigrat the benefices qwhilks hes been corrupt and vitiat be them as said is, but any farther process of law to follow thairupone; as the said act, subscrivit be my Lord Chancellor, Newbottle, Sir Robert Melvill, Parbroth, Blantyre, Carmichaell, Linclouden, Colluthie, and Mr Patrick Young, beirs: The Generall Assembly of the Kirk being advyseit therwith, allows and approves the said act and advyce of the said Chekker, and ordaynes the same to be put in execution in every Presbytrie, according to the tenor thereof.

Sessio 16. Eodem die.

The Assembly ordaynes universallie, that the acts of discipline conteint in the acts of Generall Assembly, be keepit, alsweill in Angus and Mearns as in other places.

Sessio 17. July 13.

Forsuameikle as it being deeply considerit be the Kirk, that many things have been done by them, and be uthers pretendand the name and title of the Kirk, greatly prejudiciall to themselves, their discipline, and also the patrimonie and living of the Kirk, and that be priviledge of good lawes, it is grantit and leisum to them to remead themselves be revocation thereof; Therefore the haill Assemblie, after grave and mature deliberatione, hes revockit, and be thir presents revocks, all and quhatsumevir thing done be them, or others cloathing them with the name and title of the Kirk, prejudiciall to themselves, their discipline, patrimonie, and living, as being enormlie hurt thereby, and protests according to the disposition of the said law, solemnit as they may be heard in tyme and place to seek remedie heirof; and for mair speciale expressing and mair particular declaratione thairof, hes willit their brethren, Mrs Robert Pont, David Lyndsay, Robert Bruce, and Andrew Melvill, to conceive in write the forme thairof; the copie qwhairof ilk Presbytrie is ordaint to receave, and to give command to the pastors within their bounds, to intimat the said revocatione made in this Assemblie from their pulpits.

Anent the forme of examinatione before the communione, pennit be their brother Mr Craige: the Assembly thought it meet to be imprintit, being be the author thairof contractit in some schorter bounds.

Humble Petitions of the Generall Assembly of the Kirk, cravit of his Majestie and Councill.

It is cravit that the acts of Parliament made for suppressing of the inormities following may be put to execution: ffirst against Jesuites, such as Mr James Gordowne, and the receipters of them; and excommunicants, such as the Laird of Fintrie and the Master of Angus, profainers of the sacraments, priuate men and women givers thereof, idolaters, pilgrimagers, papisticall magistrates, sayers and hearers of masse, givers of the sacraments according to the papisticall forme, and receavers of the samen, committers of apostasies, publick mercats upon the Sabbath day, violent invaders of ministers be strickeing of them or be schedding of thair blood, profaining of the Sabbath day be Robin Hood’s playes, murtherers and bloodshedders, qwhilks overflow the whole land. _Item_, That the ministrie plantit be sufficiently provydit, and also that ministers may be provydit of sufficient living to the kirks implantit. _Item_, The act of annexatione to be dissoluit; The new erectiones and patronages dischargit; The act of dissolution of prelacies and benefices, consisting of mae kirks than ane, be ratified and establisched: The act of February without exceptione; The aucht of July eikit to it may have place; that small benefices disponit to ministers may be free of all taxations; That Manses and Gleibs be designit of Kirklands, Abbays, Freir lands, and qwhatsumever Kirk Lands; That Manses and Gleibs have their liberty of ffoggage, fewall, and pasture; That commone kirks be disponit to ministers serving the cure: That every kirk be provydit of ane sufficient pastor, and ane competent living assignit to him for his service.

The Generall Assembly of the Kirk giues full commissione and power to their lovit breither Mrs Robert Bruce, Robert Pont, David Lyndsay, with his Majestie’s Ministers, to present unto his Grace and Councill, humble Petitions and Articles of the Kirk, and with all reverence and humilitie to crave answer thereof, conferre and reasone if need be thereupon, and to report answer to the nixt Assemblie.

The Generall Assembly of the Kirk is appoyntit at Aberdeene, the 17 day of August 1592, in caice ane Parliament interveen not; in the qwhilk caice, the brethren being advertised thereof be the Presbytrie of Edinburgh, shall hald their Assembly qwhaire the Assembly shall be for the tyme, and convein two dayes before the same.

[FIFTY-SIXTH GENERAL ASSEMBLY.]

Att Edinburgh, the Generall Assembly of the Kirk of Scotland, conveint upon the 22 of May 1592.

Exhortatione being made be Mr Nicoll Dalgleische, Moderator of the last Assembly: The Kirk proceedit to the election of ane Moderator, and appoyntit in the leets, Mrs Robert Bruce, David Lyndsay, James Balfour, and James Nicolsone. The said Robert was, be pluralitie of vots, electit Moderator, _hac vice_.

Sessio 2^a. May 23.

Forsuameikle as the necessitie of tyme requyres that the greatest and weightiest heads be first considerit; It was proponit to the haill brethren to consider and decerne if they thocht meit or not, the Kirk sould make sute for the Articles following:

1. That the acts of Parliament made in the year of God 1584 against the discipline of the Kirk, libertie and authoritie thereof, be annullit, and the samen discipline qwherin the Kirk hes been in practise, ratified.

2. The abolutione of the act of annexatione and restitutione of the patrimonie of the Kirk.

3. That abbots, pryors, and wthers prelates, pretending the title of the Kirk, and voting for the same, without their power and commissione, be not sufferit in tyme comeing, to vote for the same, either in Parliament or wther conventione.

_Last_, That the countrie, qwhilk is polluted with fearfull idolatrie and blood, be purgit: Qwhilks haill articles, the Assemblie thocht most necessare to be cravit: and for putting of the same in good forme, imployit their breither, Mrs Robert Pont, David Lyndsay, Thomas Buchanane, and James Melvill; willing them to present the same, at ten houres, to the full Assembly to be considerit be them.

As concernyng the voting in Parliament, in the name of the Kirk, if it shall be thought leisum, the ministrie sould succeed in that part in the prelats’ place; it is referrit to consultatione qwhill the morne. And every brother is ordaynit to wey and debait that argument with himselfe, and be readie the morne to reasone their opinion into the same.

Sessio 5^a. May 24.

It is ordaynit in tyme comeing, that the breither receiving commissiones from the Kirk, and slewthfullie observing the execution thereof, shall be rebukit in the face of the Assemblie for their negligence.

Sessio 6^a. May 25.

Forsuameikle as the Kirk, considering their dewtie first to God, and the necessitie of the charge qwhilk is imposit upon them, seeing the daily decay of religione, and laicke of justice, qwhereof the effect is to the regrait of all trew Christians, mair and mair falls out in miserable experience, and that the dewtie of their office burdeneth them to discharge their conscience in this behalf to their Soveraigne, to qwhome chiefly it appertayneth to procure remedie thereof; Therefore directs their breither qwhilks war nominat before, to present the Articles to his Majestie, together with Mrs Nicoll Dalgleische, Patrick Symsone, Patrick Scharpe, John Malcolme, and David Fargysone, to passe immediately to his Majestie to lament the daily decay of Religione, disorder and laike of justice within this realme, to crave his dewtie, as he wald answer to God, qwhat to be done for remeid thereof, and grauely to admonische his Majestie, in the name of the Eternall, to have respect in tyme to the estate of the trew Religione perishing, and to the manifold murthers, oppressionis and enormities dayly multiplied through impunitie and laike of justice; and to discharge his kingly office in both, as he wald eschew the fearfull challenge of God, and turne his wrath aff his Majestie and the haill land: And to the effect his Majestie may be the better informit of the particular, to lay downe the same particularlie to him, and craue his answer, that they may report the same to the haill Assemblie.

Sessio 10^a. Penult Maii.

Forsuameikle as, at the speciall desyre of the Kirk, ane Forme of Examinatione before the Communione was pennit and formit be their brother Mr John Craige, qwhilk is now imprintit and allowit be the voyce of the Assembly: Therefore, it is thought needfull that euery pastor travell with his flock, that they may buy the samen book, and read it in their families, qwhereby they may be better instructit, and that the samen be read and learnit in doctors’ schools in place of the Litle Catechisme.

Sessio 15^a. Junii 2^d.

Mr Alexander Dicksone compeirand, and being inquyrit if he had subscryvit the Articles of Religione, presently professit and establischit within the Reformit Kirk of this realme, and communicat at the Lord’s Table? Answerit he did, both in the Colledge of St Androws and after. Being inquyrit, in what heads he differs to subscryve? Answerit, he had sundrie heads qwherewith he agreid not with the Confession of Faith and Articles of Religione forsaid; wherewith being pressit with the Assembly, and that either now be word, or the morne be wreit, he sould be speciall, at lenth plainly avowit and protestit he differed from them in all the substantiall heids and poynts of religione qwherein the Papists contraverts with them: With qwhilk confessione and declaration forsaid, the breither of the Assemblie being advysit, ffand that he had committit apostacie, and therefore to have incurrit the paines thairof.

Sessio 17^a. Tertio Junii.

Anent the supplicatione of Mr Alexander Dicksone, in conclusione offerand either to subseryve the Confessione of Faith, or within fourty dayes to passe off the realme, and to that effect desyrand to be freed from captivitie; The Assembly being advysit therewith, desyred the Baillie of Edinburgh to take order with him according to the tenor of the act of Parliament, and to sett him frie upon cautione.

Sessio 22^a. Junii 6.

Anent the forme and order of excommunicatione to be used againes notorious murtherers: The Assembly hes concludit that the order containit in the excommunication be keepit and followit out according to the tenor thereof.

Anent the haynous and cruell murther of the Earle of Morray, committit be the Earle of Huntly and his complices, the brethren and Assembly present hes given and gives ordinance and strait command to the brethrene of the Presbytrie of Brechine, who hes already interit in proces with him, to proceed with concurrence of two breither of every ane of the Presbytries of Angus and Mearnes, against him for the said cruell fact, according to the acts of the Assembly.

Sessio 23. Junii 7.

Anent the act made concernyng deposed ministers or persones in this last Parliament; It was thought meet at the next Parliament, or Conventione having the force or commissione of Parliament, to craue, that where it else has been inactit, that notwithstanding the pastor be deposit, the tacks and tithes sett be him shall nevertheless stand, it be now provydit and addit to the said act, that in caice the said tack or tithe be sett after the committing of the fact for the qwhilk the persone is deposed, that such tacks, factories, or tithes whatsomever, shall be null and of none availl, force, nor effect.

APPENDIX II.

Having now completed the Register of another epoch in the history of the Reformed Church of Scotland, which embraces the first thirty-two years of its existence,--exhibiting in its internal movements the equivocal and conflicting elements of a new establishment, and blending in its structure the incongruous peculiarities both of Episcopacy and Presbytery; we have now reached that period in its progress when it assumed a more precise and clearly defined position, as a purely Presbyterian Church. On the 5th of June 1592, immediately after the close of the General Assembly, of which the proceedings have just been given, the MAGNA CHARTA of the Church of Scotland was obtained in an act of Parliament “for abolisching of the actis contrair the trew Religion.” It is therefore deemed suitable to pause in the transcript of the Ecclesiastical proceedings, and to subjoin, in an Appendix, the several statutes of the Civil Legislature applicable to the period intervening betwixt 1567, when the Church was first fully established, and 1592, when the distinct character of Presbyterianism was stamped upon it by the Law of the Land. These statutes, accordingly, are now subjoined in chronological order--reserving for a future occasion any less important and authoritative documents connected with our subject.

ACTS OF PARLIAMENT.

I.

Ratification of the Freedome and Libertie of the trew Kirk of God.[27]--August 28, 1571.

_Item_, Our Souerane Lord, with auiss and consent of his said Regent, thre Estaittis, and haill body of this present Parliament, hes ratifiit, and be this present act ratifiis and appreves all and quhatsumeuir actes and statutis maid of befoir be our Soueraine Lord or his predecessouris, anent the fredome and libertie of the trew Kirk of God, now publictlie professit within this realme.

II.

Anent the Constitution of the Policie of the Kirk.[28]--5th March 1574.

Forsamekill as the present estate of the Kirk within this realme being considerit be my Lord Regentis Grace, and Estaittis now convenit, and how sen the alteratioun of religioun, albeit the libertie of the evangell hes bene inioyit in vnitie of doctrine, ʒit is thair not to this day ony perfyte policie be lawis and constitutionis set out, how the Kirk in all degreis salbe governit in decent and cumly ordour, qwhairthrow sindry inconvenientis hes followit, and ma are lyke to occur heirafter, gif tymous remeid be not prouidit: The Estaittis finding it impossibill that thay can byde togidder qwhill this mater can be exactlie avysit on, and put in forme, Hes thairfoir thocht meit and concludit, that Johnne Lord Glamyss, chancellair, James Archebischop of Glasgow, &c. Maister James Lowsoun, minister of Edinburgh, and Maister Dauid Lindesay, minister of Leyth, sall tak the panis to convene, confer, ressoun, and put in forme, the ecclesiasticall policie and ordour of the governing of the Kirk, as thay sall find maist agreabill to the trewth of Goddis word, and maist convenient for the estate and people of this realme: Qwhilks personis being for the maist part present, for the gude will thay beir to the avancement of Goddis glory, the Kingis obedience, and commoun weill of the realme, wer content to bestow thair panis for this effect, and to begin thair werk on Mononday the xiiij day of Marche instant, in sic part of the Palice of Haliruidhous as my Lord Regentis Grace will appoint thame to convene in, And swa to continow and abyde togidder frome day to day, qwhill thay haue anys drawin a forme of the said ecclesiasticall policie; qwhilk being endit, It salbe reportit, and schawin to the estaittis at the nixt conventioun, To the effect that than be thair aduise, a Parliament may be appointit, and in the same, the forme qwhilk salbe drawin, or samekill thereof as salbe found meit, to be ratifiit and establissit as a law.

III.

The Ratification of the Libertie of the trew Kirk of God and Religion.[29]--July 25, 1578.

Our Souerane Lord, with aduise of his thrie Estatis of this present Parliament, hes ratifiit and apprevit, and be the tennour heirof, ratifeis and apprevis all and quhatsumeuir actis of Parliament, statutis, and constitutionis, past and maid of befoir, agreable to Goddis word, for mantenance of the libertie of the trew Kirk of God and Religioun, now presentlie professit within this Realme, and puritie thairof. And decernis and declaris the samin to haue effect in all pointis, efter the forme and tennour thairof.

IV.

Act anent the trew and Haly Kirk, and thame declarit not to be of the same.[30]--October 26, 1579.

Our Souerane Lord, with auise and consent of the thrie Estaitis and haill body of this ... liament, ratifeis and appreuis all and quhatsumeuir actis and statutis maid of befoir be his Hienes, with auiss ... Regentis, in his awin regnne or his predicessouris, anent the freidome and libertie of the trew Kirk of God and religioun, now presentlie professit within this realme; And specialie ratifeis and apprevis the sext act of his Hienes Parliament, haldin in the first zeir of his Hienes regnne, intitulat, Anent the trew and haly Kirk, and of thame that ar declarit not to be of the samyne. Ordaning the same to be heir insert of new, (becaus of sum defectioun and informalitie of wordis in default of the Prentair,) in this forme. Oure Souerane Lord, with auise of his thrie Estaites and haill body of this present Perliament, hes declarit and declaris the ministeris of the blissede Euangel of Jesus Chryst, quhome God of his mercie hes now raisit vp amanges ws, or heirefter sall raiss, aggreing with thame that now levis in doctrine and administratioun of the sacramentis. And the people of this realme that professis Jesus Christ as he is now offerit in his Evangell, and do communicat with the haly sacramentis, as in the reformit kirkis of this realme ar publictlie administrat, according to the Confessioun of the Faythe, to be the only trew and haly kirk of Jesus Christ within this realme. And decernis and declaris that all and sindrie quha vther gaynesayis the word of the Evangell ressauit and apprevit. As the heidis of the Confessioune of the Faythe professit in Perliament of befoir in the yeir 1560: as alsua specifiit and registrat in the actis of Perliament maid in the first zeir of his Hienes regnne, mair perticularlie dois expres, ratifeit alsua and appreuit in this present Parliament: or that refusses the participatioune of the haly sacramentis as they ar now ministrat to be na membris of the saide kirk, within this realme, and trew religioune, sa lang as they keep thame selffes sa deuydit from the societie of Christis body.

V.

Anent the Jurisdictioun of the Kirk, 26 Oct. 1579.[31]

Our Souerane Lord, with aduise of the thrie Estaitis of this present Parliament, hes declarit and grantit Jurisdictioun to the Kirk; quhilk consistis and standis in the preacheing of the trew word of Jesus Chryst, correctioun of maneris, and administratioun of the haly Sacramentis; and declaris that thair is na vther face of Kirk nor vther face of religion then is presentlie be the favour of God, establishit within this realme; and that thair be na vther jurisdiction ecclesiasticale acknawlegit within this realme, vther than that quhilk is and salbe within the samyn Kirk, or that quhilk flowis thairfra, concerning the premisses.

And further, Commission was granted to the Earl of Morton and others “To convene in Edinburgh, the xj. day of Aprile nixttocum, to searche furth mair speciallie, and to consider quhat wther speciall poyntis or clauses sould appertene to the Jurisdictioun, priuilege and auctoritie of the said Kirk; and to report thair declaratioun thairanent, to our Souerane Lord and thrie Estatis of this Parliament, sua that they may tak ordour thairintill, and authorise the samyn be act of Parliament,” &c.

VI.

Anent Prouisioun of Ministeris and certane Stipendis for thame, at all Paroche Kirkis, and appointing of Commissioneris for ordering thairof.--30 Nov. 1581.[32]

_Item_, Becaus for laik of preching and teiching in sindrie partis of the realme, monie people are suspectit to be fallin in greit ignorance and danger of godles atheisme. It being found maist difficill, that in the charge of pluracie of kirkkis, ony ane minister may instruct mone flokis: Thairfoir it is thocht expedient, statute, and ordanit be our Soverane Lord, and his thre Estatis of this present Parliament, That euerie paroche kirk, and samekle boundis as salbe found to be a sufficient and a competent, parochrie thairfoir sall haue thair awin pastoure with a sufficient and ressonable stipend, according to the state and habilitie of the place. And that all kirkis to the prelacyis annexit, be prouidit of sufficient ministeris, with competent livingis, alsweill laitlie disponit, sen his Hines acceptatioun of the gouernement of his awin persoun, as that sall vaik and be providit heirefter, whill his Hines perfite age. And befoir the title of any prelacie be conferrit to any persoun heirefter, that the saidis livingis and stipends be reseruit in the prouisioun, and alwayis comptit in the thrid, to the effect that ministeris may be prouidit thairto _ad vitam_. And in cace ony gift or prouision of prelacie sall pas vtherwayis, declaris the same to be null, and of nane auail, force, nor effect; ffor the speciall executioun of the qwhilk ordoure, his Majestie, with aduise of his saidis thre Estatis, grantis and gevis power and commissioun to his richt traist cousingis, and trustie and weill belouit Counsaillouris and vtheris efter specefeit, videlicet: James Stewart, Erle of Arrane, &c. and to considder, appoint, and ordour the estate of the saidis kirkis and stipendis, qwhairthrow the saidis ministeris being honestlie sustenit, may the better attend to thair flokis and propir vocatioun. And the said ordoure to continew ay and quhill forder ordoure be tane be his Hines, with aduise of his saidis Estatis in Parliament.

VII.

The Ratificatioun of the Libertie of the trew Kirk of God and Religioun, with Confirmatioun of the Lawis and Actis maid to that effect of before.[33]--_Penult die mensis Novembris_, 1581, (ch. 1.)