Part 45
Because syndrie sclanders aryses through the disorder of Readers be baptizing of bairnes gotten in adulterie and fornicatione before satisfactione made be the offendars, and celebrating of unlawfull marriages; the Assemblie statutes and ordaynes that no Reider minister the Sacrament of Baptisme in any way, in all tyme coming, and that they presume not to celebrate the bands of marriage without speciall command of the minister of the kirk; and in caice there be no minister thereat, of the Presbytrie, had to that effect; and ordaynes every Presbytrie to cause this act to be intimat at every paroche kirk, that nane pretend ignorance heirof in tyme coming.
Sessio 9. May 16.
The qwhilk day, in presence of the haill Assemblie, the King’s Majestie being personallie present, declareit, that sieing, through the schortness of tyme, their [are] sundrie matters of weight and importance, not only concerning particular flocks, but qwhilk did in speciall touch the haill Estate and bodie of the Kirk, qwhilk could not commodiouslie be intreated in this present Assemblie--as, namely, touching both the planting of particular congregationes and of the haill kirks within this realme, qwhilk is yet, through default of honest intertainment, remaines unplanted and destitute of the comfort of the word; and anent ane solid order to be taken anent a constant and perpetuall provisione for the sustentatione of the haill ministrie within this realme, to the end they be not, as in tyme bygone, to depend and wait upon the commissioners appoyntit for modifying of their stipends, and so be forcit to absent themselves the maist part of the year from their flock, to the great disgrace of their calling, disharting of their congregatione, and discontentment of his Majestie, whois care ever hes been, and earnest desyre continows as yet, that every congregatione have ane speciall pastor honestly susteinit, for the better awayting in his cure and dischargeing of his dewtifull office in the same; and therefore his Majestie desyrit the brethren to consider qwhither it were expedient that ane generall commissione sould be grantit to certaine of the most wyse and discreet of the brethren, to conveine with his Majestie for effectuating of the premisses: The qwhilk his Majestie’s advyce, the Assemblie thinks very necessar and expedient; and therefore hes given and grantit, lykeas be the tenor heirof, they give their full power and commission to the brethren underwritten, viz. Mrs Alex^r. Dowglas, James Nicolsone, George Gladstone, Thomas Buchanan, Robert Pont, Robert Rollock, David Lyndsay, Patrick Galloway, John Duncanson, Patrick Scharpe, John Porterfield, James Melvill, William Couper, and John Clappertoune, or any seven of them, to convein with his Majestie, betwixt the day of thir presents and the last of May instant, with power to them to take solide order anent the provisione of the ministrie to the townes of Edinburgh and Dundie and St Androis, his Majestie’s and the Prince’s houses, to give their advyce and judgement to his Majestie anent the planting of every particular kirk within this realme, to make such overture as they can best devyse touching the constant platt, and generally to give their advyce to his Majestie in all affaires concernyng the wiell of the Kirk, and intertainment of peace and obedience to his Majestie within this realme; with express power and command to the saids commissioners to propone to his Majestie the petitiones and grieves of the Kirk in generall, as of every member thereof in particular, as shall be meint unto them, _promitten de rata_.
Anent the supplicatione given in be Mr John Rutherfurd, makand mention, that qwhere in the Generall Assemblie halden last at Perth, he gave in ane supplicatione, qwherein he desyrit the proces of deprivatione led and deducit against him be the Presbytrie of St Androis, to be producit before the said Assemblie, to the effect the samen may be tryit, and the proceidings thairof be examinit be them, qwhilk was referrit at that tyme to this present Assemblie, ordayning the Presbytrie of St Androis to produce the said proces before this present Assemblie, and to answer to the complaynt given in be the said complainer, desyreing therefore the brethren of the Presbytrie of St Androis to be callit for productione of the said proces, to the effect the samen might be seen and considerit be this present Assemblie, according to the ordinance made at Perth, as said is: The Generall Assemblie, in respect of schortness of tyme, remitts the said complainer and his supplicatione to the commissioners appoyntit to convein with his Majestie at Edinburgh, and ordaynes the Presbytrie of St Androis to produce the said proces before the saids commissioners, and the answer to the said complainer’s supplicatione in all poynts,--with power to the saids commissioners, or any seven of them, to take full tryall, cognitione, and finally to conclude in the said matter, _promitten de rata_.
Sess. ultima. May 27.
Anent the supplicatione given in be James Wood, appeirand of Bonnytoune, makand mention, that according to the direction of the last Assemblie halden at Perth, he had attended upon the commissioners appoynted be the said Assemblie, and had agried be their conferrence in many heids of religion with them, desyrand therefore, as he is willing to persevere in conferrence with the saids commissioners to his finall resolutione, that a commissione may be granted to the brethren appoyntit to deall with the Earles of Huntlie and Erroll, to continow in conferrence with the said commissioners; and in caice they find him resolvit, to absolve him from the sentence of excommunicatione, and receive him againe in the bosome of the Kirk: as also that the commissioners of Angus appoynted for the said purpose, may have ane speciall command to intreat with the said complainer’s father for appeaseing his wrath towards him, in respect he is content to submitt himself most willingly to his said father, or to the Kirk, for satisfaction of any eyelistis that he or they hes found in him in times bypast: The Assemblie gives full power and commission to the brethren for receaving the Earles of Huntlie and Erroll, to enter in a farther conferrence and tryall with James Wood, appearand of Bonytoune; and in caice of full satisfactione to be made be him to the saids commissioners in such heads and articles qwherin he hes not as yet satisfyit, the Assemblie gives unto them, power to lowse him from the sentence of excommunicatione, and receave him again in the bosome of the Kirk. Attoure, the Assemblie ordaynes Mrs George Gladstanes, Androw Myllne, Andrew Leitche, John Ramsay, and Androw Lambe, to deall with the Laird of Bonytoune, and travell in the reconciliatione desyrit and satisfactione offerit be the said complainer his sonne.
Anent the supplicatione given in be Mr William Morray, minister at Dysart, makand mention, that qwher he hes livit upon the dewtie of the tack of the personage thir diverse years bygane, being only three hundreth merks, and sustaineth great charges thereupon; and now sieing the saids tacks are outrun, and as he is informit divers supplicationes are given be the gentlemen of the said parochine, craving the said complainer to be astricted to sett them tacks of their awne teynds respective, desyrand therefore not to astrict the said complainer to any particular persones, but to give him power to sett tacks to such as shall do most commodiously for the weell of the Kirk: The Assemblie gives power to the said complainer to sett in tack the teinds of the personage of Dysart, except of the lands pertayning to the Lairds of Glenegyes and Wauchtoune, qwhilk are reservit be ane wther act of this present Assemblie, with advyce and consent of the Presbytrie of Kirkaldie and the brethren after following, viz. Mrs Thomas Buchanan, William Cranstoune, James Melvill, Robert Wilkie, David Fargusone, and John Fairfoull, unto the qwhilk the Assemblie remitts the supplicationes of such as craves tacks of the teinds of the said personage.
Anent the Earle of Crawfurd’s request, desyrand licence to a persone of Inneraritie to sett a tack of the teinds thereof, in caice it be found be the civill Judge that he hes best right thereto: The Generall Assemblie gives power to the Commissioners appoyntit in Edinburgh to conveine with his Majestie, to give power to the persone that shall be presentit to sett tacks of the teinds contravertit to either my Lord Crawford or the Laird of Powrie Fotheringhame, that shall be found be the civill magistrate to have best right to the same.
Thanks being given to God, the brethren ordaynes the next Assemblie to be halden at Striviling the first Twysday of May, in the year of God 1598.
[SIXTY-THIRD GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, halden at Dundie the 7th of Marche 1598--In the qwhilk were convenit the King’s Majestie and Commissioners from all Schyres and Townes of the Countrey.
Sessio 1^{ma}. March 7. Post Meridiem.
Exhortatione being made be Mr Robert Rollock, Moderator at the last Assembly, there was appointed upon the leets, Mrs Patrick Simpsone, David Fargusone, Peter Blackburne, James Robertsone, and Alex^r. Wilkie; and, be pluralitie of votes, Mr Peter was electit Moderator _hac vice_.
Sessio 2^a. Martii 8. Ante Meridiem.
Anent the Commissione given to certaine brethren of the North, for absolving of the Earles of Huntlie, Angus, and Erroll, from the sentence of excommunicatione, the Assemblie ordaynes Mr Peter Blackburne, in name of the rest, to give in in write, the haill forme of their absolutione, satisfaction, and the Articles injoynit to them in the last Assembly, to the effect the same may be registrat in the Books of the Assemblie.
Sessio 3^a. 8 Martii. Post Meridiem.
Because there is no compt tane of the Acts of every provinciall Assembly; therefore it is statute and ordaynit, that, in all tyme comeing, every provinciall Assembly within this realme send the acts of their Synod made sin the Generall Assemblie immediately preceding with their Commissioners, direct be them to the nixt Generall Assemblie, to the effect the brethren of the Generall Assemblie may take tryall and cognitione, that the proceedings of every particular Synod be done _decenter et ordine_, and to allow or disallow of them as they shall think meet, and this order to begine at the nixt Generall Assemblie. _Item_, Because it was meint be some of the brethren, and found fault with, that such as uses to be appoynted Commissioners from the Synodalls to the Generall Assemblie, butt any reasonable causes, refuse to obey and accept their commission, qwherthrough it falls out oftentymes that at the Generall Assemblies there inlaks Commissioners from Synods: Heirfore it is statute and ordaynit, that every Synod shall chuse out them that shall be thought most meit to come as Commissioners to the Generall Assemblie, qwho shall remaine untill the last day of the Assemblie inclusive; and to the effect they may pretend no reasonable excuse in the contrair, and speciallie of povertie, therefore it is statute, that in caice the Commissioners that are chosen may not commodiously awayt upon the Assemblie upon their awne expenses, then and in that caice, the rest of the qwhilk number he is chosen shall contribute unto his expenses, according to the abilitie of their livings, under the paine of tynsell of the tenth pairt of their stipend; qwhilks Commissioners being so furnished be a common contributione as said is, shall repare to the Generall Assemblie, and remaine unto the finall end thereof, under the paine of tynsell of the tenth pairt of his own stipend; and in caice either the Commissioner or the Brethren of his Synodall, through not obeying every ane, their proces of the premisses respective, incurring the danger of the penalties above rehearsit, and yet refuse to make payment of the saids penalties, viz. of the tent pairt of their stipends, then and in that caice, they shall be suspendit from their calling and functione, ay and qwhile they satisfie the samen.
Anent the summons raisit at the instance of the Synodall of Fife against Andrew Arnot, minister of Scotlandwell, cravand the said Andrew, conforme to his promise, to make provisione for the kirk of Auchtermoonsie, one of the kirkes of the said ministrie: The said Andrew Arnot being callit, compearit and declareit, that he promised to make sufficient provisione to the said kirke, provyding alwayes he were releivit of the payment of his third, qwhilk he pays presently to Mr Robert Inchaw, qwhilk promise he presently ratified, and bound himself to make provisione for the said kirke immediately after the dissolving of the Assembly, he being releivit of the payment of his third as said is.
Sessio 4^a. Martii 9.
The Commissioners appoyntit in the last Generall Assemblie for planting of the Townes of Edinburgh, Dundie, and Saint Androis, and such uther affaires, as at maire lenth is conteind in the said commissione, and callit to giue ane accompt of such things as had beene done be them be vertew of their commission forsaid, Mr James Nicolsone, in name of the rest, producit a Book, containing ane haill registre of their haill proces and proceedings since the acceptatione of their commission, qwhilk was publickly read in presence and audience of the haill Assemblie; and because there was some of the brethren that thought themselves grievit at certaine of thir proceedings, Therefore it was thought expedient that the brethren after following, sould cognosce upon the saids grieves and commissioners’ answers thereto, qwhilk both sould be given in write before them, and thereafter report to the haill Assemblie, what they fand therein; They are to say, Mrs George Monro, James Dundas, Robert Howie, Duncan Davidsone, William Dowglass, Androw Milne, Androw Lambe, James Robertsone, William Rynde, Archibald Moncreiffe, Alexander Lyndsay, David Fargusone, Robert Wilkie, William Cranstoune, David Spence, John Knox, Gavin Hamilton, John Hall, John Spotswood, Patrick Simpsone, Robert Darioch, Harie Lewingstone, David Barclay, Hew Fullartone, and John Welsh.
Grieves to be proponit to his Majestie.
1. To craue of his Majestie ane reliefe of this present taxatione to such of the ministrie as possesses small benefices within three hundreth marks, seeing they are not able to be sustenit upon the same.
2. To craue, in generall for the haill ministrie, that they be not troublit with the taxationes in no tyme coming, but that the officers that ingathers the same, charge the taxmen immediatelie qwho are bound to relieve the ministrie of their taxatione, because so long as the Commissioners charges their taksmen, not only it averts them from their calling, but also breeds a grudge betwixt them and their parochiners.
3. To craue a redress of the buriall, that ane act of Parliament may be made, discharging burialls in the kirks.
4. To craue ane redress anent adulterous marriages qwher two persones, both divorcit for adulterie committit either with uther, craues the benefite of the Kirk to be joynit in marriage.
5. To craue his Majestie, what order shall be tane anent the relaxatione of such murtherers from excommunicatione as are already relaxit from the horne, and yet hes not satisfyit the partie, qwhilk is a token of no penitence.
6. To advyse with his Majestie of the carying of profest witches from towne to towne, to try witchcraft in wthers, be lawfull and ordinar tryall of witchcraft or not.
7. Anent laik patronages, to lament unto his Majestie the great abuse qwhilk the late act of Parliament hes brocht in, giving licence to the patrone to possesse the fruites of the benefice, in caice he present ane qwalified man, and the same be not admitted be the Kirk, under cullour qwherof they use to present ane qualified man to the presbytrie, and hes him sworne to sett back ane tack of the fruits of the benefices to the patrone, qwheron, albeit the persone presentit be qualified, yet the Kirk cannot admitt him, in respect to the impedimen forsaid, qwherthrough both the patrone uplifts the fruits of the benefice, and the Kirk lys destitute; therefore to crave redress.
Sess. 5. Martii 9, [Post Meridiem.]
Anent the grieves given in to his Majestie before noon, his Majestie being present gave his answer as follows:--
To the first and second, his Majestie desyred the Commissioners to be deput from this Assemblie, to give in ane supplication to the Councill, anent the same, qwhereunto his Majestie should hold hand, and in the meantyme promised to cause stay all farther executione against such of the ministrie as were at the Assembly presently, qwhill the 15th of Apryle nixt to come.
Anent burialls; his Majestie thought good that ane supplicatione should be given in to the next Parliament, craving that for the avoyding of burialls in Kirks, every nobleman sould bigg ane sepulture for himselfe and his familie.
Anent adulterous marriages; his Majestie thought good that ane supplicatione should be given in to the next Parliament, craving such marriages to be declairit null in all tyme coming, and the bairnes gotten therein, bastards.
Anent murtherers; his Majestie declared, when any murtherer is relaxit from the horne, upon cautione to underly the law, that he is not, therefore, simpliciter relaxit, but to ane day to byde tryall of his fault, and therefore thinks that the Kirk may continow in their censures against such ane persone, and deny him any benefite of the Kirk, untill they see evident tokens of repentance in him, the partie satisfyed, and thereupon ane remission attayned.
Anent tryall of witchcraft, his Majestie declarit, that, be ane act of the last Parliament, it is remittit to certaine of his Heines’ Councill, certaine ministers and advocats, to conclude upon all solide order anent tryall of witches, and to advyse whether the forsaid carrying of witches is permissive or not: touching the qwhilk, the Assemblie ordaynit Mrs Patrick Galloway and John Duncansone to hold his Majestie in remembrance.
Anent the abuse in laick patronages, his Majestie thocht good lykewayes that ane supplicatione sould be given in to the next Parliament for redress thereof.
Because it was reportit in the Assemblie, that albeit sundry persones wer convict of witchcraft, nevertheless, the civill magistrate refusit not only to punische them, conforme to the lawes of the country, but also, in contempt of the same, setts the persones at liberty, qwhilks were convict of witchcraft;--therefore the Assemblie ordaynes that, in all tyme coming, the presbytrie proceed in all severitie with their censures against such magistrats as shall sett at liberty any persone or persones convict of witchcraft hereafter.
_Item_, Because diverse persones, with ane preposterous haist, proceed to the bond of matrimonie, without any lawfull proclamation of their bands, qwherthrough the ordinances of the Kirk are highly contemnit; Therefore it is statute and ordaynit, that no persones be coupled together in marriage, without they be thryce lawfully proclaimed at their awne paroche kirk, according to the consuetude observit within the realme; and in caice of contraveining the same, that the minister be depryvit of his office, and the parties ordayned to satisfie the Kirk, be publick repentance.
Anent burialls: It is ordaynit that no picturs or images be carried about in burialls, under the paine of the censures of the Kirk.
_Item_, Because it was regraitit, that certain of the ministrie being beneficit persones, hes sett tacks and assedationes of the fruits of their benefice, and thereafter hes obtaynit licence of transportatione from their kirks, so that the same, be reasone of the tacks sett be them, remaines continuallie unplantit, for laick of provisione; Therefore, it is statute and ordaynit that, in tyme coming, no minister get licence of transportatione from his kirk, before it be tryit that he hes not hurt the benefice from the qwhilk he craves to be transportit, be setting tacks of the fruits of the same; and if the tacks that were sett before his entrie to the said benefice, expyrit in his tyme, that he hes renewed no old tack, butt consent of the Generall Assemblie.
_Item_, Because for laick of moyen, sundrie of the ministrie hes not as yet obtainit designatioune of their manses and gleibs, Therefore it is ordaynit that every minister, qwhilk is not yet possessit with his manse and gleib, obtaine possession of the same, betwixt and the next Assemblie; and in caice the persones in qwhois favours the designatioune is grantit, be not able, through povertie, to await upon the law for obtaining possessione of the same, that the rest of the brethren of his Presbytry concurr and help him with expenses for obtayning of the same.
Sess. 6^a. Martii 10. Ante Meridiem.
Anent the proceeding of the Commissioners appoyntit in the last Generall Assemblie, qwhilk they did anent the examinatione of the depositione of Mr John Rutherford, and the planting of the ministrie of St Androis: the Assemblie ratifies, approves, and allows their proceedings therein. And farder, for reasonable causes moving them, ordaynes Mr Robert Wallace to be relaxit from the suspensione from his ministry, pronuncit in their decreit against him, be satisfyand my Lord of Memuor, be the advyce of Mrs David Lyndsay, Robert Bruce, and Robert Rollock, to the effect he may be placit to serve in such partes qwher the Kirk shall think his travells to be best imployit. And as concernyng Mr John Rutherfurd’s proces, and the rest of the thinges done in St Androis be the saids Commissioners, Mrs David Black, John Carmichaell, Robert Durie, Alexander Forsyth, and the rest of the brethren of the Presbytrie of St Androis that were there present, after reasonyng of such things qwherof they had not been of before resolvit, declareit themselves satisfyit therein.
Because it was reportit be the Commission of the Generall Assemblie, that the constant platt for planting every particular kirk, be the tacksmen who hes the haill teinds in their hands, and refuseth to condescend to any substantiall order anent the planting of the ministrie, without some securitie were made unto them anent the remanent of their teinds; Therefore, the Assemblie thocht good to consider qwhat be the conditiones cravit be their tacksmen, in caice of augmentatione of the dewtie of their tacks for sustentatione of the ministrie: To the qwhilk it was answerit be the Visitors of Morray and Aberdeene, that the taxmen desyrit ane perpetuitie of their tacks, be renewing thereof at their outruning, butt gressume. The lyke offerit Angus, Clydsdale; Gallaway, Fyfe, and Lawthiane, wald make no offer; upon consideratione qwhereof, the brethren desyrit his Majestie that ane law might be made anent the augmentation of the dewties of the tacks for sustentatione of the ministrie, To the qwhilk his Majestie offerit willingly to deall with the tacksmen in such sorte that they should be forced to augment the dewtie of their tacks to ane reasonable and competent living for ane minister at every kirke, upon condition they had some reasonable ease of their teinds; and for effectuating thereof, the Assemblie ordaynes every minister to give in ane particular overture in wryte to the Commissioners quwhilk shall be appoyntit be the Generall Assemblie, quhat is the just valour of the teinds of his paroche, to quham they are sett, for quhat dewtie, to quham the deutie is payit, and quhat better every ane can give for planting of his awne kirk, to the effect his Majestie, with advyce of the saids Commissioners, may take ane solide order anent the sufficient planting of every particular kirk betwixt and the nixt Generall Assemblie.
Sess. 7. Martii 10.