[FIFTY-NINTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, conveint at Montrose the 24 of Junii 1595.
Sessio.
Exhortation was made be Mr Androw Melvill, Provest of the New College of St Androis, and Moderator of the last Assemblie. Mrs Robert Pont, Peter Blackburne, and James Nicolsone, were on the leets, and the said Mr James, be pluralitie of votes, was chosen Moderator,hac vice.
Sessio 2a, Junii 24.
Anent the questione movit into the Assembly, if it be proper to them to declare be the word of God, what marriages are lawfull, and what unlawfull, so far as concerns the spirituall part thereof? It was answerit affirmative, that it was proper.
Sessio 3a. Junii 25.
Ordaynes the presbytries in all pairts of the country to proceed against the Papists within their bounds, with the sentence of excommunicatione; and because of the weakness of the Presbytrie of Inverness, ordaynes them to proceed therin with the advyce of Mrs George Monro, John Monro, John M‘Kenzie, and Andrew Crombie.
Forsuameikle as diverse Papists and suspect of Papistrie, after their subscriptione and oathes, pretending deadly feads, abstayningfrom the table of the Lord, whereby they utter themselves in effect and in heart to continow Papists; Therefore the Assemblie ordaynes the Presbytries where such persones are, to proceid against them with the sentence of excommunicatione so long as they refuse to communicat, in the samen manner as if they had not subscryved and given oath.
Forsuameikle as diverse persones being cut off from the societie of the Kirk be sentence of excommunicatione pronuncit against them, notthelesse they are receavit and intertaynit as if they were true members of Christ’s Kirk, to the great contempt of God, and evill example of wthers: The Assemblie therefore ordaynes the presbytries where such persones are, to proceed against them according to the Acts of the Kirk, under the paine of publick rebuke in face of the haill Assemblie of the brethren of the presbytrie, if fault be found in them, and making of humble confession upon their knees of their offence, in caise the same be found in them as said is, and under the paine of depositione of the minister in whais default the said ordinance of the Kirk is not execute, and that the same penalty and executione be usit and strick upon them, that hes intercommuning, intelligence, or familiaritie with the saids excommunicats, qwhilk is usit against the resetters forsaids, under the same paine.
Sessio 4a. Eodem die.
Forsuameikle as there is diverse persones professing with us the veritie of the Gospell, qwhilkis nevertheless the space of diverse years, under pretence of deadlie feads, hes withdrawen and daily withdrawes them from participatione of the holy table, declareing thereby how little they esteem that great benefite, and in effect, as it were, cutting off themselves from communion of the faithfull; Heirfore ordinance is given to all Presbytries within their bounds, to charge all persones abstayning from the communion be reason of deadlie feads, notwithstanding thereof, as it becomes Christians to do, to participat the said holy table; and in caise they be obstinate and refuse, to proceed with the censures of the Kirk against them; it being alwayes considerit be the Presbytrie, that if there be any infirmitie or hinderance of conscience that refuses, in that caise the said Presbytrie shall travell with the saids persones to bring them to their deutie and participatione of the said table, granting with good advyce and discretione some reasonable tyme as to resolvethemselves, within the qwhilk if they giue not obedience, and refuses to participat as said is, that the said Presbytrie proceed against them with the sentence of excommunicatione.
Sessio 5a. Junii 26.
The King’s Majestie’s Commissioners desyrit of the Assemblie, that he might have ane choise of such twa of the Ministrie his Majestie nominat, in place of Mrs John Craig and John Duncansone. The Assemblie hes found meet and votit that a certaine number of the most grave, learnit, and best disposed brethren of the haill ministrie be chosen and nominat be them, out of the qwhilk it may please his Majestie to nominat twa unto that effect.
Commissioners to be appoyntit before the end of this Assemblie to advyse his Majestie of the choyse to be made of them qwhais names shall be sett down before the Assemblie dissolve, craving his Heines’ Commissioners to make his Majestie foreseen, that they may knaw on whom his eyes are sett, and be resolvit before their loosing.
Anent the planting of kirks: Because ane speciall impediment hes been thereof, the dilapidatione of the benefices possessit be the brethren of the ministrie qwha hes sett their benefices with diminutione of the rentalls, or be conversione of the victuall in silver, not regarding the acts and ordinances of the Assemblie: Heirfore for remeid, the Generall Assemblie hes given power and commission to the breither underwritten within the bounds particularly under devysit, to call before them such persones within the ministrie, that sen the act of the Assemblie, made in the year of God 1578, hes sett their benefices with diminutione of the rentall thereof, or conversione of the victuall in silver, and to proceed against them with the sentence of depositione, qwhilk sall stand in force agane qwhill they restore their benefice to the awne integritie, qwherein the samen was at their entrie thereto; that is to say—To Mrs Andrew Melvill, James Melvill, Robert Wilkie, Thomas Buchanan, Androw Moncreiff—to call them the saids persones within the bounds following, viz. From Spey to Tay and all Lowthiane, Merss and Teviotdale, to compear before them in St Androis. Nixt Mrs David Lyndsay, Robert Bruce, David Fargusone, Robert Pont, James Balfoure, or any three of them, to sitt in Edinburgh, and call the saids dilapidators before them, within the bounds of the haill north to Spey and Fyfe, as also beneficed persones that hes made dilapidationewithin the Diocie of Rosse. 3. Mrs Patrick Simpsone, Androw Young, Harie Livingstone, James Pont, John Davidsone, to sitt in Strivilling, and call before them the saids brethren that hes dilapidat their benefices within the bounds of Strivilling shyre, Stratherne, Clidsdale, Dumbartane, Ranfrew, Lennox, Kyle, Carrick, Cunninghame, Galloway, Nithsdale: and for the better execution to be had of this commission, ordaynes every Presbytrie within the bounds forsaids, to send to the judges every ane of them within their awn bounds, particular informatione and answer to the heads qwhilk shall be pennit be their brother, Mr Robert Pont, betwixt and the 15th of August next; and to the effect that the Presbytries be not ignorant heirof, the Assemblie presently hes nominat the brethren after specifiet to giue warning to the Presbytries within the bounds respective following, according to the divisione after specifiet: That is to say, Mrs Andrew Crombie for Ross; Andrew Lawsone and Archbald Dowglas for Morray; Peter Blackburn, Duncan Davidsone, and James Reid, for Aberdeene; Andrew Milne, Alexander Forbes, for Mairnes; John Durie, James Melvill, for Angus; Alexander Lyndsay and William Glass for Stratherne; James Melvill, David Fargysone, for Fyffe; Walter Hay, Andrew Blackhall, for Lothian; James Deis for Merss and Teviotdale; ffor Tweddall, Andrew Blackhall and Walter Hay; ffor Strivilling, Adam Balantyne; ffor Clydsdale, Ranfrew, Lennox, and Dumbartone, Walter Stewart and Gavine Hamiltone; ffor Nythsdale, James Brysone, Hew Fullertoune: ffor Galloway, James Aikman; ffor Kyle, Carrick, and Cunninghame, David Barclay: Qwhilks informationes being receavit be the saids judges, Ordaynes them, with all diligence, to proceed against the saids persones. And, for the faithfull execution of the said Commission, the saids judges was sworne, except Mrs Thomas Buchanan, Robert Bruce, Patrick Simpsone, Harie Livingstone, and James Pont, who were not present.
Forsuameikle as a great occasion of the non planting of the Kirk stands in laick of provisione of the ministrie, and that their stipends from year to year, being changeable, they are drawn from their Kirks, to the neglecting of their flocks, and to the dischargeing of their callings: With common advyce it is heirfore concludit and resolvit, that ane constant platt shall be set downe be the brethren following, appoyntit out of euery province, Qwha sall sit and conveine the first day of September next, within Edinburgh; and, beforetheir conventione and sitting, every Presbytrie sall, betwixt and the 15th of August nixt to come, delyver to the saids brethren appoyntit of their provinces, ane resolute informatione, written in forme of a bookein mundo, of the estate of their kirks, in the heads following; viz. of the names of the benefices within their bounds, qwhether the samen be seuerall benefices, or annexit—who is patrone thereof—who is possessor—be what right the samen is brookit—the ald rent—the present rent, and the just availl thereof, and what kirks may be unite or divided; qwhilks informationes being receavit and collectit, together with the saids Commissioners conveening as said is, shall appoynt every Presbytrie severall dayes, to direct a speciall brother, public instructed, to be with them, with constant platts of the kirks within their Presbytries; and the said brethren, swa, directly with the Commissioners forsaids, to conclude and put in forme ane constant platt of their Presbytrie, and so forth to proceed, qwhill the warke be whollie made up and compleit: and after compleiting thereof, the saids Commissioners shall make warning to euery Presbytrie to direct a brother from them to consider the whole wark; and the samen being allowed be the said Commissioners and brethren from euery Presbytry, qwhilks are considerit to be fifty in number, the ratification thereof to be sought of his Majestie and Counsell: Of the qwhilks Commissioners, chosen out be this Assemblie from the provinces, the names follows, viz. Frome Zetland, Orknay, and Kaithness, and Sutherland, Mr Robert Pont: ffor Ross, Mr Andrew Crombie: ffor Morrey, Mr Alexander Dowglass: ffor Aberdien, Mr David Cunnynghame, Mr Peter Blackburne: ffor Mearnes and Angus, Mrs James Nicolsone, Andrew Milne: ffor Stratherne, Dumblane, Dunkeld, and Strivilingshyre, Mrs Patrick Galloway, Alexander Lyndsay: ffor Fyffe, Mr Thomas Buchanan: ffor Lawthiane and Tweddall, Mr David Lyndsay: ffor the Merse, John Clappertoune: ffor Teviotdale, Mr John Knox: ffor Clidsdale, Ranfrew, Lennox, and Dumbartone, Mr Gavin Hamiltone, Mr James Howisson: ffor Nithsdaile, Mr James Brysone, and, in caise of his sickness, Mr Hew Fullartoune: ffor Galloway, Mr John Aikman: ffor Kyle, Carrick, and Cunninghame, John M‘Quherne: Qwhilks breither and Commissioners, in number auchtein, shall also have power to make ane platt for ane interim, qwhilk being concludit be the saids Commissioners, and a brother direct from every Presbitrie, qwhilk willmake fiftie mair, no reclamation shall be therefrae, but shall be concludit concerning the constant platt or interim, shall stand in force and full effect, as if the samen had been concludit be the Generall Assemblie, without any reclamation therefrae, as said is; and because the wark will requyre wayting on, and the saids auchteene Commissioners will be put to the charges and expenses, It is ordayned that their expenses shall be borne be their provinces: And for the faithfull executione they are all sworne, except Mrs Alexander Dowglass, John Knox, Patrick Galloway, John Clappertoun, and John Howison, who are not present.
Sessio 8. July 2.
Compeirit Sir James Chisholme, in presence of the haill brethren, and confessit with humilitie his offences, namelie his apostasie from the religion, qwhairof he craved God’s mercie; and farther, he declared that he professes with us the haill trew religione, renuncing the antichrist and all his errors, craving from his heart to be receavit in the bosome of the Kirk; with the qwhilk the breither being movit, concludit he should be relaxit be the Generall Assemblie at their first meeting the morne, from the sentence of excommunicatione led against him, and thereafter the forme of his satisfactione to be sett downe and appoyntit be the advyce of the Assemblie.
The heads of Inquisitione to be made in every Presbytrie anent Dilapidatione.
The heads of Inquisitione to be made in every Presbytrie anent Dilapidatione.
Imprimis, To take from every beneficit minister the present rentall of his benefice, and what yearlie dewtie, be his awne confession, he gives presently of the samen. 2. If he hes sett tacks thereof, and to wham, privatly or publickly, and, if need beis, to take his oath thereupon. 3. To inquyre qwhat was the estate of his benefice when he enterit at it, and qwhether he was hurt be his predecessor. 4. To take diligent inquisitione not only be report, not only of the beneficit persone himselfe, but be uthers that knawes the just nator thereof, qwhat the benefice was worth or payit of old in the best estate. 5. Qwhat the samen wold exceid to in yearlie rent or teinds, or utherwayes, if it were free of tacks, and in ane minister’s awne hand; and, if neid beis, that the Presbytrie or Commissioners take ane inqueist of men of best knawledge in thecountrie about, to declare the veritie herein, and send the samen to the judges appoyntit in due tyme, with the haill circumstances before rehearsit.
His Heines’ Commissioners presentit Articles from his Majestie, craveing the same to be read and answerit, asfollows:—
His Heines’ Commissioners presentit Articles from his Majestie, craveing the same to be read and answerit, asfollows:—
His Majestie craves that there be ane Act made, Ordayning that qwhosomever at any tyme shall practise any treasonable interpryse or conspiracie against his Majestie’s persone or estate, being found and declared culpable thereof be law, sall lykewayes incurr the sentence of excommunication therefore, that thereby ane inseparable union may be betwixt the two swords. 2. That ane order be taken concernyng excommunication in three poynts, especiallie, 1. That it be not at the appetite of twa or three particulars, and that if it be not proceedit in qwhill first ane convenient number of the Kirk be conveint. 2. That it be not for civil causes or small crymes, and specially any ministers particular, leist that it be thocht that they imitate the Papists cursing, and so incurre the lyke contempt. 3. That the form of summar excommunicatione, without any citatione, be allutterly abolisched.Item, In respect Mr John Craige is awayting what hour it shall please God to call him, and is unable altogether to serve any longer, and his Majestie’s mynde is to place John Duncansone with the Prince, and so hes no minister but Mr Patrick Galloway, therefore his Heines desyres ane ordinance to be made, granting him any two ministers he shall choose.
Humble Answers of the Generall Assemblie to the forsaid Articles.
Humble Answers of the Generall Assemblie to the forsaid Articles.
First, Where an ordinance is cravit to be made against Papistes of any treasonable interprysers or conspiracie against his Heines’ persone or estate, being found or declareit culpable thereof be the law, that they therefore shall incurr the sentence of excommunicatione, The Generall Assemblie agrie thereto—ligitime cognitione ecclesiastica pre-eunde. As to the order cravit to be taine concerning excommunicatione, especially in three poynts containt in the second Article, the first pairt is condescendit to; and as to the second, that no excommunicatione shall be usit in causes meere civile, or in small matters, and the abolisching, in tyme coming, ofthe former summar excommunicatione without citatione; these poynts importing great weight, and craving mature deliberatione, the Assembly hes thought meit to superceid all concluding therein qwhill the next Conventione, qwhere, by God’s grace, they minde to resolve thereupon; and that, in the meintyme, nane of the ministrie proceed to excommunicatione without citatione preceding,nisi periclitetur ecclesiæ respublica.
Anent his Majestie’s sute concerning his ministers, it is agreit that his Majestie shall have choyce of the most grave, learnit, and godly brethren of the ministrie, with advyce of the Commissioners following, to be direct to his Majestie, viz. Mrs Robert Bruce, Andrew Melvill, James Melvill, David Lyndsay, David Fargusone, James Balfour, Thomas Buchanan, James Nicolsone, Andrew Lambe, George Gladstanes, or any sax of the said brethren, qwha are appoyntit to meit the 22d of July nixt.
Sess. 9.
After humiliation of Sir James Chisholme upon his knees, and acknowledgeing of his offence to the satisfaction of the brethrene, be the voyce of the Moderatour, the sentence of absolution was pronuncit in his favours, and he relaxit from the proces of excommunicatione led against him.
Anent the act made in favours of the executors of ministers: The Assembly and breither present, for clearing thereof, declares, if the minister die after Michaelmas,quia fruges separatæ sunt a solo, that his executors shall fall that year’s rent, and the half of the next, and that the provision of this act be extendit to the relict of umquhill Mr James Hamyltone, and the Lords requestit to that effect.
Forsuameikle as there is great cause of humiliation of us before God, qwhais visible anger appears on the heads of this land, yet be the maist part little regardit: The Kirk hes ordaynit a generall fast and humiliatione universallie to be observit in all the kirks within this realme, upon the twa first Sundays of August next to come, the causes thereof to be laid out generallie be the pastors, according to the grounds they sie and prescrive.
Forsuameikle as there is ane abuse necessarlie to be remedeit, especiallie in Caithnes and some uther parts, qwhair they that possess the benefices, as the late bishops in Caithnes was, in speciall delapidat the haill rents thereof, except a very small quantitie in pensionesmaist prodigallie to all that saucht the same, qwhairby he hes delapidat the haill patrimonie of the said bishoprick; ffor remeid qwhairof, the Assembly ordaynes Mrs David Lyndsay and James Balfour to admonische Mr Thomas Craige and the solistar of the Kirk, to persew the said pensioners for reduction of their pensiones, qwhilk cannot stand be the law, of the haill, or of the maist part of the fruits of any benefice, and to insist diligentlie therein.
Anent marriages: The Assemblie declares thir two sorts to be unlawfull; when ane persone marryeth ane uther qwham they have polluted by adulterie; nixt qwhen the innocent persone is content to remaine with the guiltie, and the guiltie will have ane wther, or taks ane wther.
As concerning marriages made be excommunicat priests or wthers that hes servit in the Kirk, and deposit from their office, or be private persones: The Assemblie declares such marriages to be null; ordayning the brethren of Edinburgh to travell with the Commissaries of Edinburgh, that they decyde according to the saids conclusions.
Anent the controversie betwixt the ministrie of St Androis and William Balfour, the brethren appoyntit to conferre thereanent reportit their judgment following: That the said William shall declare that he knew no wther but that Mr David Black, minister of the towne forsaid, had left the proces of the manss controvertit, and that he hes no wayes proceedit therein, in contempt of the Kirk, or any particular person within the same; and thir things he does protest in conscience, and confesses he hes done undutifullie: that is to say, overseen himself in his dutie towards the Kirk, in medling not, forwarning them with the title of the house qwhairin he dwells, in respect of the Kirk’s designation past thereof of before, for the qwhilk he is penitent before God and his Kirk: provyding alwayes, that the said confession be nowayes prejudiciall to the said William in the right and title of the said house, and that the samen be nowayes objectit against him, in judgement or out of judgement, and that the said William shall make the said confessione before the brethren of the conference of this Assembly, the brethren of the presbytrie that are here present: The qwhilk being done, that this present Generall Assemblie shall discharge the said presbytrie of St Androws from all proceeding of censures against the said William for that matter, and in lyke manner, the said Mr David from all publick invectione against the said William, in his sermones, forthat cause; and that the said Mr David and William, in token of forgiveness of all mutuall offences bygone, and profession of Christian amitie in tyme to come, shall join hands together before the said brethren of the conference, and keep the samen amitie in tyme coming; remittand the controversie of their titles to the discretione of the judges ordinar: And this to be ordaynit be the Generall Assembly, to be declarit in the paroche kirk of St Androis, be Mr William Scot, minister of Kinnaquhy. The brethren appoyntit to conferre be the Generall Assemblie were these: Mrs Robert Bruce, Peter Blackburne, William Scott, Thomas Buchanan, Andrew Lamb, and Mr John Coldcleuch, qwhilk judgement of the said brethren, the Generall Assembly approved in all poynts.
Anent Grammar Schooles in Townes: Every presbytrie is ordaynit within their awne bounds to take order for visitation and reformation thereof, and to deall with the magistrates for augmentation of their stipends and provision of ministers; as also appoynting some persones most meit of their counsell to attend carefully on the schooles, and to assist the masters in discipline.
Anent the Acts of the Assemblie: The brethren hes ordayned that the samen be sichtit, and speciall acts for the practise of the Kirk be extractit and joynit with the Book of Discipline, to be publishit aither in wreit or print, that nane pretend ignorance thairof; and to this effect to concurr with the Clark, Mrs Robert Pont, Thomas Buchanan, James Melvill, John Johnstone, and James Carmichael.
Anent Colledges: In respect it is thocht necessar that ane visitation be made of the samen, the present Assemblie hes given commission to their brethren, Mrs James Melvill, Thomas Buchanan, James Balfour, Robert Rollock, Walter Balcanquall, Nicoll Dalgleische, James Nicolsone, and Alexander Forbes, to conveine together the first day of Januarii nixt to come, to the visitation of the saids colledges, to try, examine, and consider their doctrine, lyfe, and diligence of the maisters—the discipline and order wsit be them—the estate of their rents and livings, and where they finde abuse, so far as they may, to reforme: Remittand to the Assemblie such things as they cannot take order with, and qwhat they effectuat herein, to report to the next Assemblie.