[FIFTY-THIRD GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk conveint at Edinburgh, in the New Kirk thereof, and begune the 6 of August 1588, quhere was assemblit the Commissioners and Brethrene.
The Generall Assemblie of the Kirk conveint at Edinburgh, in the New Kirk thereof, and begune the 6 of August 1588, quhere was assemblit the Commissioners and Brethrene.
Exhortatione made be Mr Robert Bruce. Leitts, Mrs Robert Pont, Thomas Buchanane, Nicoll Dalgleische, and James Robertsone: Be pluralitie of vots the said Mr Thomas was chosen Moderatorhac vice.
The Kirk nominated Mrs Robert Bruce, Robert Pont, David Lyndsay, John Robertsone, John Keith, Peter Blackburne, James Balfoure, Robert Hepburne, John Durie, James Robertsone, James Nicolsone, Andrew Melvill, David Fargysone, James Andersone, Andrew Young, Andrew Milne, Andrew Hay, John Porterfield, George Gordoune, John Clappertoune, Andrew Clayhills, the Maister of Lyndsay, the Laird of Lochlevine, the Lairds of Elphingstoune and Kerss, and John Johnstoune, Assessors.
Sessio 2.
It is thought expedient that, in the frequencie of this Assemblie, the most necessar things be first handlit, concernyng the present danger imminent to the Kirk within this realme, and to the common weall thereof, be the arryvall of Spainʒards and Barbars; as also the danger and decay of religione be the raritie and povertie of ministers of the Evangell: The Kirk hes thocht for their pairt ane dewtie in this behalfe, that ane fast be proclaimit the morne be the ordinary teacher in the Kirk of Edinburgh, to be continowit in the said toune the whole week.
Sessio 3.
Forsuameikle as, universallie throughout this realme, there is neither religione nor discipline with the poor, but the maist part liues in filthie adulterie, incest, fornicatione, bairnes unbaptized, and themselves never resorts to Kirks, nor participats the sacraments: Therefore it is thought expedient that all ministers, in their paroche kirks, shall make intimatione, and denunce to all poor that aither be parochiners or resorte to them, having women and bairnes, that if they report not sufficient testimoniall of their marriages, and baptizing of their bairnes, so many as hes wyfes and bairnes; and sicklyke, where they have participat the holy communione, that they will be refuisit of their almes at the hands of all good and charitable persones: exhorting also their parochiners that they rather extend their liberality to such as be of the household of ffayth, and having discreit judgement in giving any such persones of their almes, that gives not evidence to them as said is.
Anent the citatione direct to the Moderator of the Generall Assembly against Mr Patrick Adamsone, callit Bischop of St Androis, makeing mentione, that forsuameikle as be ane act of the Presbytrie of Edinburgh it was ordaynit concernyng the marriage of George Earle of Huntlie, that his bands sould be proclaimit upon his agrieing to subscryve to certaine articles of religione profest in this realme, qwhilk he did subscryve; and under hope that he sould subscryve the rest before his marriage, ane inhibition was made according to the tenor of the said act, to diverse of the ministers, and speciallie to the said Mr Patrick, that nane of them sould take in hand to celebrate the said marriage, unto the tyme the said Lord Huntlie agrie to subscryve the Confessione of the Fayth, containtin the acts of Parliament; with certificatione to them and every one of them, if they failzied herein, they sould be callit for disobedience to the voyce of the Kirk and Generall Assemblie, and punischit therefore, as accords: Notwithstanding of the said inhibitione, the forsaid Mr Patrick proceidit to the solemnizatione of the said marriage, and celebrate the same upon the 21 day of July instant; disobeying thereby the foresaid inhibitione and admonitione; as the said citatione beares: Qwhilk being callit, and the said Mr Patrick compearing be Mr Thomas Wilsone, his procurator, qwho producit ane testimoniall of his sickness, subscrivit be the doctor, Mr Robert Nicoll, and twa of his bailzies, requyring that the breither wald not disquyit him in his sickness, they fand the said testimoniall not to be sufficient.
Sessio 5.
The Kirk being informit that there is a ane schip arryvit lately in this Firth from Dunkirk, suspect to be ane spie, out of the qwhilk ane man, as appears of some mark, is landit; they, with the Counsell present, desyrit the provest and bailzies to man the schip, take the men and keep them qwhill his Majestie come over; yet it is reportit they refuise, in respect it will be ane hinderance to their traffique: The breither thinks it meit that Mrs Robert Bruce, Andrew Hay, and Andrew Melvill, pass to the Chancellour to let him understand of the said answer, and offer unto his Lordship their concurrence to request the towne.
Forsuameikle as in no countrie qwhere any religione is allowit, it is permittit that the deid be buried in the kirks, and that albeit inhibitione hes been diverse tymes made for avoyding of that abwse, yet the acts and constitutiones of the Kirk are dayly broken: Therefore the Kirk inhibits that any persones in tyme coming be buried in the kirks, and that no minister give consent thereto, but directly oppone thereto; certifying such persones as shall be the authors and inbringers of the dead unto the saids kirks, they shall be suspendit from the benefites of the Kirk, qwhill they make publick repentance therefore; and the minister that giues his consent, or discharges not his conscience in opponyng thairto, shall be suspendit from his functione in the ministrie: And to the effect this act may haue the better executione, supplicatione shall be made to his Majestie that ane ordinance may pass be his Heines and Counsell discharging the said buriall within kirks, and such lyke erecting oftombes, and laying of troches in kirkyards, under such paines as his Heines and Counsell pleise to devyse.
Forsuameikle as sen the last act of Annexatione, his Majestie hes transferrit the right of the patronages of diverse benefices, from his Heines to temporall men, as Earles, Lords, Barrones, and wthers, and hes annexit the same to their lands; of qwhom some hes gotten confirmatione in Parliament, wthers hes obtainit the same sen the Parliament, and the third sort hes gotten gift of the naked patronage alanerlie, to the evident hurt of the haill Kirk: Qwherefore it is thocht good, that his Majestie be intreatit be earnest sute, that the saids dispositiones authorized, as said is, be Parliament, may be brought back in the next Parliament, and such wthers as hes been grantit sen the said Parliament, in lyke manner may be annullit: and in the meintyme, that it may please his Majestie to close his hands from disponing the said right of patronage, and transferring of the same from his Majestie, qwhilk remayneth as yet undisponit; and that his Majestie will provyde that the Commissioners and Presbytries to qwhom the collatione of the saids benefices pertayns be not processit or hornit for not giving admissione thereupone: Inhibiting in the meantyme all Commissioners and Presbytries, that they on no wayes giue collatione or admissione to any persones presentit be said new patrones, as is above specified, unto the next Generall Assemblie.
Anent the supplicatione given in be James Gibsone, desyring that he may be hard to purge himself of the contumacie for non-compearance in the last Assemblie, and to repone him in his awne functione: the Kirk thought it expedient that he should declare the cause of his non-compearance before the breither of the conferrence; quha reportit that he declareit his conscience, the cause of his absence was never rebellion, stubbornes, nor evill will, but only in respect of the good affection he had to the will of the Generall Kirk, being informed that if he had compeired, and had not bein punischit, the matters of the Kirk wald be casten off: Qwhilk reasone being considerit be the breither, they thought the same sufficient to purge him of contumacie.
Sessio 6.
Compeirit Mr Alexander Forbes, minister and persone of Fattercarden, and in presence of the haill Assemblie, ratified ane promise qwhilk before he made in presbytrie, that he sould sett no tacksnor factorie of the teynds of the said kirk, without the speciall advyce of the Generall Kirk; declareing also in their presence that he hes sett nane yett; and farther promising before them, that he shall not sett in tyme comeing, nor make any right thereof to any persone, without the consent of the Generall Assemblie.
Sessio 11.
Mrs Robert Bruce, David Lyndsay, and John Craige, war direct to his Majestie to understand be qwhat meines the religione shall be maintainit within this realme, and continowit to the posteritie.
Sessio 13.
Forsuameikle as in default of Visiting of the North pairts, qwhere chief and greatest necessitie is, hes great inconvenience followit, albeit no wayes in default of the breither appoyntit to that charge, but for laick of provisione and expenses, the assignatione of their charges being made to be payit be the Bischop of St Androis, qwha contemptuouslie disobeys good ordour, and lyes at the horne: It is not the lesse found expedient that the breither to qwhom commissione was given before, shall yet undertake the burden of the commissione, their charges and expenses being assignit to them out of some readie payment, and that to this effect the Commissioners of the North, viz. Mrs John Keith, Gilbert Garden, and Alexander Rawsone, shall travell with the Lords of the Checker, and delait the necessitie of their Visitatione, and crave the samen assignatione to be alterit, and the commissioners’ payment mair commodiouslie payit.
Anent the request of the Commissioner of Edinburgh, desyreing the Assembly to ratifie the calling of Mr William Watsone to the ministrie of Edinburgh: the Generall Kirk ratifies and approves the same in presence of the said Mr William, desyrand to be transportit from the said Kirk, qwhilk the Assemblie refused.
All ministers and pastors are exhortit, in their sermones to delait openly the prejudice done to the haill Kirk be the spulzie of the patrimonie thereof, and publicly to disallow and oppone against the publick abusers thereof.
The Generall Assemblie understanding the appearing ruine and decay of the evangell, within this realme, for fault of provisione of ministers, and intertainment of schooles and colledges, hes thoughtgood and convenient to give their Commissione, and be the tenor heirof to grant full power to Mrs Robert Pont, Robert Bruce, David Lyndsay, John Craige, Andrew Myllne, Thomas Buchanane, Androw Hay, John Porterfield, Peter Blackburne, John Duncansone, David Fargusone, William Strivilling, Gilbert Garden, ministers of the Evangell, or any seven of them, to compeir before his Majestie and Counsell, upon Monday next, or such other day as his Majestie shall appoynt, to call, conferre, and advyse upon the said head, and to craue humbly of his Majestie that the Ministers’ and Readers’ assignationes may be given out at Hallowmess, and that such as are already provydit of their stipendsad vitam, and uthers that are content with the assignationes alreadie made to them, be unalterit therein, qwhill they obtayne better provisione, and to that effect to travell earnestly with his Majestie and Counsell, and to report again answer to the next Generall Assembly of the Kirk, firme and stable.
Anent the request of the Presbytrie of Dumblane, in respect of the few number and povertie of their presbytrie, to joyne to their Synodall Assembly the Presbytrie of Linlithgow: the Assemblie present has found it more meit that the Presbytries of Perth and Dunkeld shall be joynit with the Presbytrie of Dumblaine, and in ane Synodall Assembly, to be first holden in Perth, and thereafter in ony place qwhere the Synodall shall think it meitest.
The Generall Assembly hes given their commissione and authoritie to the Presbytrie of Edinburgh, to call before them Papists and apostats who shall happen to resort to court, or to the said towne, and in speciall to summond my Lords Huntlie and Settowne, William Schaw, John Chisholme, and Colonell Stewart.
Sessio 14.
According to the allowable custome observit amongst the antients of humiliatione and fasting of the pastors, The breither and Kirk conveint hes thocht meit, and be ordinance statute, that in tyme comeing, qwhen it shall please God to convene the Generall Kirk of this realme, That the first day of the Assemblie, at the place and towne where they conveine, ane publick fast and humiliatione be of the haill inhabitants thereof, alswell as of the pastors conveint, and the chair of veritie alseweell occupyit before noone in the morning as at afternoone, be the ordinare pastors thereof; the tyme and houres of exhortatione made before the Assemblie, being keipit asof before, to the effect it may please God to give his blessing to the conventione and good ishew of their travells; and because the next Assemblie is concludit to be in Edinburgh, the pastors thereof is ordaynit to give intimatione heirof to the congregatione, the Sunday before the said Assemblie.
Anent the questione movit, If a man, convict of adulterie three-score years sensyne, satisfying the order of the Kirk be repentance, and presentit new to serve in the ministrie of the Evangell, sould be admitted thereto or not? The Assembly answers negative, and thinks he ought not to be admittit.
The next Assemblie was appoyntit to be in Edinburgh the 17th day of Junii next to come, 1589.[25]