[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.
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 1a. 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 2a. 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 3a. 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 4a. 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 hesordaynit 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 putin mundo, and presentit againe to the full Assembly, that they may giue their opinion therein.
Sessio 5a. 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. 10a. July 8.
Anent the questione proponit—Whether they who usurpes thenames 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 11a. 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.
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 areprimario Judices, before qwhom also it presently depends, they cannot be Judgesprimario.
After the qwhilk answers, being removit, and the Kirk farther advysit, calling his Lordship in againe, they pronuncit that they fand themselves Judgesprimarioin 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 madeverbo, 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.
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, Thatthe 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.