Part 47
1. That all Jesuites, Seminarie Priests, excommunicat and traffiquing Papists, that shall happen in any tyme coming to returne within the countrey, or that are presently within the countrey, shall, immediately after their dilatione to his Majestie, be apprehendit and put in ward, there to be detinit ay and qwhill they be convertit to the religion, or else punischit according to the acts of parliament, or else removit off the countrie.
2. That the resetters of obstinat excommunicat Papists and their chief friends and acquaintance quhois house they haunt, be chargit to find cautione, under a pecuniall pain according to their abilitie and rank, that they shall no wayes resett nor intertaine the saids excommunicats.
3. That all excommunicat Papists be chargit to satisfy the Kirk within the space of thrie moneths, under the payne of hornyng, and if they failʒie, to be denuncit therto, that their escheits and lyferents, in caice of year and dayes rebellion, may be intromittit with be his Majestie’s Thesaurer, and not disponit to any donators.
4. That the Marquess of Huntlie be chargit to exhibit and present before his Majestie and Secret Councill, John Gordoune of Newtoune, Patrick Butter, and Mr Alex^r. Leslie, according to his band, that they may be committit to ward ay and whill they satisfy the Kirk.
Bonytowne, younger, alleadgit resident within the Presbytries of Ellone, Aberdeene, and Brechine, is ordaint be the Generall Assemblie to be conveint before the Presbytrie of Brechine, and there to offer his satisfaction as to his Judges ordinar.
Tarves and Methlek, kirks of the Synodall of Aberdeen, upon the 11th of November 1597, with mutuall consent of the parochiners and heritors of the lands to be interchangit and annexit with consent of the said Synodall, excambit certain lands, and annexit them in respect of the far distance from their awne paroche kirks, and contiguitie of the kirks qwherunto they are annexit, but prejudice alwayes of their rents of the personage and viccarage of the saids lands to be payed to the old persones and viccars, as before the said excambione. The Generall Assemblie, at the desyre of the said Synodall, ratifies and approves the said excambione and alteratione in all poynts, and ordains the same to take full effect.
Forsuameikle as diverse and great inconveinents aryses dayly be the untymous marriage of young and tender persones before they come to age meit for marriage, and that there is no law nor statute of the Kirk made as yet defyning the age of persones to be maried; Therefore it is statute and ordaynit, that no minister within this realme presume to joyne in matrimonie any persones in tyme comeing except the man be of fourteen yeares and the woman of twelve yeares at the leist; ordayning lykewayes the Commissioners of the Generall Assemblie to desyre this statute to be ratified in the Conventione.
Anent the questione qwhether if a man being blind may discharge all the pairts of the office of a pastor, and in speciall anent the admission of Mr John Boyll to the ministry of Jedburgh, being blind: the Assemblie refers the answer of the generall questione to the nixt Generall Assemblie. And as to the admission of the said Mr John, refers the tryall thereof to the Commissioners of the Generall Assemblie; and in the meintyme discharges the said Mr John of using any part the office of a pastor, except the preaching of the word.
Because the marriage of persones convict of adulterie is a great alurement to married persones to committ the said cryme, thinking thereby to be separat from their awne lawfull wyfes, to injoy the persones with qwham they have committed adulterie: ffor eschewing qwhereof, the Generall Assemblie thinks it expedient that ane supplicatione be giuen in to the nixt Conventione, cravand ane act to be made, dischargeing all marriages of sic persones as are convict of adulterie, and that the samen be ratified in the next Parliament, ordayning the brethren appoyntit to awayte upon the Conventione to give in this article with the rest.
Sess. 6. 20 Martii.
Forsuameikle as, in the last Assemblie, there was a Commission given to every Synodall within this realme, to elect, and choose out three of the wysest of their number, to be ready, upon his Majestie’s advysement, to convein with his Hienes, and to treat upon such heads concernyng vote in Parliament as were not condescendit upon in the last Assemblie, and, in caice of agreement, to conclude the haill matter, utherwayes to referre the samine to this present Assemblie, as at mair lenth is contained in the said Commission, conform to the qwhilk, the saids Commissioners being conveint at Falkland, the 25th of July 1598, they being rypelie advysit with the heads following, gave their advyce and conclusione as after follows:--
1. Concerning the manner of chooseing of him that shall have vote in Parliament in name of the Kirk: It is condescendit upon, that he shall first be recommendit be the Kirk to his Majestie, and that the Kirk shall nominat sax for euery place that shall have need to be filled, of qwham his Majestie shall choose ane, of qwham he best lykes; and his Majestie promises, oblisses, and binds himselfe to chuse no wther but ane of that number: And, in caice his Majestie refuses the haill, upon ane just reasone of insufficiencie, and of greater sufficiencie of uthers that are not recommendit, the Kirk shall make ane new recommendatione of men according to the first number, of the qwhilk, ane be his Majestie shall be chosen without any farther refusall or new nominatione, and he that shall be chosen be his Majestie shall be admittit be the Synods.
2. It is concludit, that the Generall Assemblie shall have the nominatione or recommendatione of him that in name of the Kirk shall vote in Parliament, qwho shall take the advyce of the Synods and Presbytries thereanent direct from them in wreit; and the Synod shall have liberty to nominat alsewell within their province as outwith, provyding that, if there be a man within their province meit for the place, _cæteris paribus_, he be preferrit to ane wther.
3. Anent the rent: It is advysit, with ane consent, that the Kirk being plantit sufficiently, the Colledges and Schooles already erectit not prejudgit, that the King’s Majestie shall provyde him to all the rest that may be obtainit of that benefice qwherto he is preferrit.
As to the Cautiones to keep him that shall have vote in Parliament from corruption, they be these following:--
1. That he presume not, at any tyme, to propone at Parliament, Counsell, or Convention, in name of the Kirk, any thing without ane express warrand and direction of the Kirk, and such things as he shall answer for, to be for the weell of the Kirk, under the paine of depositione from his office: neither shall he consent or keep silence in any of the saids Conventiones, to any thing that may be prejudiciall to the will and libertie of the Kirk, under the same paine.
2. He shall be bound, at every Generall Assemblie, to give ane account anent the discharge of his Commission sen the Assemblie gangand before, and shall submitt him to their censure, and stand at their determinatione qwhatsomevir, without appellatione, and shall seek and obtaine ratificatione of his doings at the said Assemblie, under the paine of infamie and excommunicatione.
3. He shall content himself with that part of the benefice qwhilk shall be given in be his Majestie for his living, not hurting nor prejudgeing the rest of the ministers of the kirk within his benefice, plantit or to be plantit, or any uther minister of the countrey qwhatsoever, and this clause to be insert in his provisione.
4. He shall not dilapidat in any wayes his benefice, neither make sett nor dispositione, without the speciall advyce and consent of his Majestie and Generall Assemblie; and for the greater warrand heirof, he shall interdyte himself not to dilapidate his benefice, nor consent to the dilapidatione thereof made be uthers to the Generall Assemblie, and shall be content that inhibitiones be raisit on him to that effect.
5. He shall binde faithfully to attend upon his awne particular congregatione qwhereat he shall be minister, in all the poynts of a pastor, and hereanent shall be subject to the tryall and censure of his awne Presbytrie and Provinciall Assemblie, as any other minister that bears not Commissione.
6. In the administratione of the discipline, collatione of benefices, visitation, and all uther poynts of ecclesiasticall government, he shall neither usurpe nor acclaime to himself any power or jurisdictione farther nor any uther of the rest of his brethren, except he be imployit be his breither, under the paine of deprivatione; and in caice he usurpe any parte of ecclesiastical government, and the Presbytrie, Synodall, or Generall Assemblie, oppose and make any impediment thereto, qwhatsoever he doe after that impediment to be null, _ipso facto_, but any declarator.
7. In Presbytries, Provinciall and Generall Assemblies, he shall behave himself in all things subject to their censureing, as any of the brethren of the Presbytrie.
8. At his admissione to his office of Commissionarie, thir, and all wther poynts necessar, he shall swear and subscryve to fulfill, under the penalties forsaids, and wtherwayes not to be admitted.
9. And in caice he be deposed be the Generall Assemblie, Synod, or Presbytrie, from his office of the ministrie, he shall also tyne his vote in Parliament, _ipso facto_, and his benefice shall vaicke.
And farther cautiones to be made as the Kirk pleases and finds occasione.
Anent his name that for the Kirk shall have vote in Parliament: It is advysit, be uniforme consent of the haill brethrene, that he shall be callit the Commissioner of such a place; and in caice the Parliament, be his Majestie’s moyen, may be inducit to acknowledge that name, it shall stand so; if not, the Generall Assemblie shall conclude this questione anent his name.
The questione being demandit, qwhither the Commission of him that for the Kirk shall vote in Parliament sould indure for his lyfe tyme, except some cryme or offence intervene, or for a schorter tyme, at the pleasure of the Kirk? The Commissioners of the Provinciall Assemblies, being of diverse opiniones, thocht good to referr this questione to the next Generall Assemblie; qwhilks haill conclusiones being read in presence of the haill Assemblie, and they being rypelie advysit therewith, ratified, allowed, and approved the samen, and thought expedient that the said cautiones, together with such wthers as shall be concludit upon be the Assemblie, be insert in the body of the act of Parliament that is to be made for confirmatione of vote in Parliament to the Kirk, as most necessar and substantiall pairts of the same.
Anent the supplicatione given in be James Lermonth, younger of Darsie, David Kynnithmonth of that Ilk, John Traill of Blebow, for themselves, and in name of their tennents and wthers, parochiners of the paroche of St Androis, makand mentione, That albeit they are parochiners of the said paroche kirk, lykeas they and their predicessors hes beene continually subject to the discipline of the said kirk, and hes been ever ready to underly qwhatsoever burden was imposit for furtherance of the said kirk, and concurre with the rest of the parochiners according to their rent and portione of the said paroche; nevertheless the minister and sessione of the said kirk refuses to suffer them and their saids tennents to enjoy the benefites of the kirk with the remanent of the said paroche, but debarres them from the hearing of the word, receaving of the sacraments, and benefite of marriage, within the said kirk, butt any reasonable cause; desyrand, therefore, ane command to the minister and session of the said kirk of St Androis to admitt the forsaids persones and their vassals to the hearing of the word and injoying of the haill forsaids benefites of the kirk, as at mair lenth is contained in the said supplicatione.
The Generall Assemblie having considerit the haill premisses, commands and ordaynes the ministry and session of the said kirk of St Androis to admitt the saids complainers, and their vassals and tennents, parochiners of the said kirk, to the hearing of the word, mariage, and receaving of the sacraments of the kirk, within the said kirk of St Androis, as their proper paroche kirk in all tyme coming, ay and qwhill their awn consent be obtainit in the contrare.
Sess. 7. Martii 21.
Anent the supplicatione given in be the parochiners of Twlliebodie, making mentione, That albeit the said parochine be ane auld parochine, separate from all wthers, having within itself the number of four or fyve hundreth communicants or therby, and payes their teynds to the Abbot of Cambuskenneth, who rigorously exacts the same; neverthelesse the Presbytrie of Striviling hes be their ordinance commandit the said kirk to be united to the chappell of Alloway maist wrangously, seeing the saids complainers, be ane anterior command of the said Presbytrie, not only re-edified their said kirke of Twllibodie, but also upon their awne charges furnishit ane pastor to the said kirk, lykeas yet they are willing to doe, notwithstanding that their teinds are most wrangouslie led away be the said Abbot, as said is; desyreing, therefore, their supplication to be considerit, and the said union dissolved, as at mair lenth is containt in the said supplicatione.
The brethrene of the Presbytrie of Striviling being callit to give a reason of this their union of the said kirk, answerit that the cause moving them was, _First_, That both the said paroches lay very commodiously to the said kirk of Alloway; _Secondly_, That the number of both the saids parochines wald make but ane sufficient congregatione; _Thirdly_, That there could not be ane stipend obtainit to the said kirk of Twllibodie, in so far that at the desyre of the saids complainers, there being ane pastor appoyntit to the said kirk, upon promise that they wald furnische him ane sufficient stipend, ware forcit, for povertie, to leave them; qwhereas be the contrare, be the union of the said two kirks, the Earle of Mar furnisches ane sufficient stipend to ane minister, resident at the same.
The Generall Assemblie having considered the premisses, ratifies and approves the union of the said two kirks, and ordayns Alloway to be the paroche kirk hereafter.
Anent the supplicatione given in be the Presbytry of Deir, makand mention, that qwhair the Laird of Phillorthe having erect ane Colledge upon the town of Fraserburgh, and agreed with Mr Charles Ferme to be both Pastor of the said burgh, and Principall of his Colledge, qwhilk burden the said Mr Charles refuses to accept upon him, without he be commandit be the Generall Assembly; desyrand, therefore, ane command to be given to the said Mr Charles to accept both the said charges, as at mair lenth is containt in the said supplication: The Generall Assemblie having considered the necessity of the said warke, and how the said Laird of Phillorthe hes refusit to sustaine ane pastor at the said kirk, unless he undertake both the saids charges, Therefore commands and charges the said Mr Charles Ferme to undertake and awayte upon, alsweill the said kirk, as to be Principall of the Colledge of Fraserburgh.
Sessio 8. Martii 22. Post Meridiem.
Forsuameikle as the Commissioners of the Synodalls conveint at Falkland, the 25th of July 1598, being of divers opiniones concerning the continuance of this commission that shall have vote in Parliament, qwether he sould endure for his lyfetyme, except some cryme of offence interveine, or for a schorter tyme, at the pleasure of the Kirk, they thocht good to referre the same to this present Assemblie? Therefore, having reasonit at lenth the said questione, after voiting of the samen, ffinds and declares that he shall _annuatim_ give compt of his commission obtained at the Assemblie, and lay down the same at their feet, to be continowit or alterit therfrae be his Majestie and the Assemblie, as the Assemblie, with consent of his Majestie, sall think most expedient for the weill of the Kirk.
It is statute and ordaynit, that nane of them that shall have vote in Parliament shall come as Commissioners to any Generall Assemblie, nor have vote in the same in any tyme coming, except he be authorized with a commission from his own presbytry to that effect.
It is found be the Assemblie that _crimen ambitus_ shall be a sufficient cause of deprivatione of him that shall have vote in Parliament.
It is statute and ordaynit, that every minister intimat this Generall Assemblie that the vote in Parliament is concludit be the Assemblie, and that nane utter speech in pulpit contrare the same.
Forsuameikle as it hes been found necessare of before, and profitable for the will of the Kirk, that certaine Commissioners be appoyntit frae Assemblie to Assemblie, qwhois speciall care and travell sould be to give their advyce to his Majestie in all affairs concernyng the weell of the Kirk, and intertainment of peace and concord betwixt his Majestie and the Kirk; Therefore, the Generall Assemblie, continowing in the same course, hes given and grantit, lykeas be the tenor heirof they give and grants, their full power and commission to Mrs James Strachane, James Nicolsone, Andrew Milne, Alex^r. Forbes, Alexander Dowglass, Robert Howie, James Melvill, Jon Dalgleish, Robert Wilkie, Harie Livingstone, Alexander Lindsay, George Gladstanes, Robert Pont, David Lyndsay, Robert Bruce, John Hall, John Clappertoune, John Knox, Andrew Lamb, James Law, John Spottiswood, Gavin Hamilton, David Barclay, Andrew Knox, with the King’s Majestie’s ministers, or any nyne of them--givand, grantand, and committand to them their full power to plant such kirks in Burrow Townes as are destitute of pastors, and in speciall, the kirk of Leith, in place of Mr John Hall, last removit therfrae, and the South-wast Kirk of Edinburgh, vaikand be deceis of umqwhill Mr Robert Rollock;--to present the grieves of this present Generall Assemblie to the next Conventione, and receave the answers of the samen; and lykewise, in caice his Majestie finde himself greivit at any inormitie committit be any of the ministry, to try and cognosce upon the same, and take such order thereanent as shall be meitest to the glory of God and weell of his Kirk, to advyse with his Majestie anent the effectuating of the constant platt,--_promitten de rata_.
Thir are the Commissioners appoyntit to awayte on the Conventione: Mrs David Lyndsay, Robert Bruce, James Nicolsone, Andrew Lambe, William Couper, Alexander Lyndsay, John Spottswood, with the King’s Majestie’s Ministers.
Because it was understand be the Assemblie that Mr Androw Lamb, minister at Aberbrothick, licklie to be transportit to some other flock, qwher his gifts might profite the Kirk in greater abundance, therefore the Generall Assemblie gives licence to the said Mr Androw to be transportit from the said kirk of Aberbrothock.
The said day, the Generall Assemblie receivit and admittit Mr Thomas Hope to be Solicitor for the Kirk in place of James Mowat,--qwho being personally present, dimittit the same in the Assemblie’s hands,--after the said Mr Thomas had given his oath of fidelitie in the said office.
Anent the proces of appellatione persueit be James Lord Lyndsay of Byres, and remanent gentlemen and parochiners of the paroche of Syres, against the Presbytries of Couper and St Androis, concernyng the admissione of Mr Robert Buchanane, Provest of Kirkheuch, to the ministrie at the kirk of Syres, and transportatione of him from the kirk of Forgane in Fyfe; the brethren that were appoyntit to visite the said proces, having made their report to the haill Assembly, the rights, reasons, and allegations of all the saids Presbytries being heard and considerit, The Generall Assemblie decerns and ordaynes the said Mr Robert to remaine minister at the kirk of Syres, and suchlyke gives their power and commission to Mrs James Melvill, Robert Wilkie, James Nicolsone, Alexander Lyndsay, and William Scott, givand them power to elect and chuse out a discreet man, with consent of the saids parochiners of Syres, to be adjoynit to the said Mr Robert as minister and fellow-helper with him at the said kirk of Syres; with power also to them to modifie how meikle of his stipend shall be payit be the said Mr Robert, and how meikle be the saids parochiners of Syres. And in speciall, the Assemblie recommends to them their brother, Mr William Simpsone, minister at Bruntisland.
Forsuameikle as there is diverse partes of the countrey that for lake of visitatione are become almost desolate, Therefore the Generall Assemblie hes thocht good that certaine visitors be direct for visiting of the bounds of Kirkcudbright and Wigtoune: Mrs David Barclay, Alex^r. Scrymgeour, and Nathaneill Inglish; off the bounds of Morray, Mrs George Hay and Androw Crombie; off the bounds of Orknay and Cathness, Mrs Robert Pont, John Monro, elder, and John Monro, younger; off the bounds of Ross, Mrs Alex^r. Dowglass, John Carmichaill, and William Scott; and for Nithsdale, Mrs Robert Wallace and John Welsche: with power to them to inquyre in the lyfe, doctrine, and qualificatione of the ministry within the saids bounds, to try the sayers and hearers of mass within the samen: with power also to plant and transplant ministers unto such places as they shall think most expedient for the glory of God and weel of the Kirk, and to report to the nixt Generall Assemblie.
Because the Island of Errane lyes most commodious and adjacent to the Presbytrie of Irwing, therefore the Assemblie annexis the same to the said Presbytrie.
Anent the supplicatione given in be the Presbytrie of Meigle, makand mention, That seeing the Presbytrie had united the kirks of Essie and Niva to be and remain a congregatione under the charge of ane pastor, at ane kirk to be biggit in the mids of the saids two paroches presently; In respect of the fewness of the number [in] both the saids paroches, not extending to the number of fyve hundreth persones, partly in respect of the commoditie of the place, seeing the farthest part of both the saids paroches will not be distant halfe ane myle from the place qwhere the kirk sould be biggit, and partly in respect of the impossibility of the moyen to sustaine two sundry ministers at the saids kirks; Desyreing, therefore, ane ratificatione of the unione in this Assemblie, together with ane command to the brethren direct to the Estates conveint at Perth, to crave the samyn to be ratifyit in the said Conventione--as at mair lenth is conteint in the said supplicatione:
The Generall Assemblie ratifyes and approves the unione forsaid, and suchlyke ordaynes the brethren appoyntit to gang to the Conventione at Perthe to crave the said union to be ratified in the said Convention.