[THIRTY-EIGHTH GENERAL ASSEMBLY.]
The General Assembly, conveint at Striviling, and begun the 11th of Junii 1578, where there was present the Commissioners of Countries, Commissioners from Synodall Assemblies, Towns, and Universities.
The General Assembly, conveint at Striviling, and begun the 11th of Junii 1578, where there was present the Commissioners of Countries, Commissioners from Synodall Assemblies, Towns, and Universities.
Sessio 1.
In respect of the raritie of the Assemblie, the brethren that wereconveint thocht best to meit at twa houres afternoone, and to sitt till fyve houres at noone.
Sessio.
Exhortation beand made be Mr Andrew Melvill, Moderator of the last Assemblie, before farder proceeding, questione beand proponit, if this Assemblie be ane continuation of the last or ane new Assembly? It was reasonit and concludit to be ane new Assemblie. For electione of ane Moderator, Mrs John Row, David Fargysone, and John Duncansone, was proponit in leets, and be pluralitie of votes, Mr John Row was chosen Moderator.
Mrs Robert Pont, James Lawsone, Andrew Melvill, John Craig, and Andrew Hay, direct to give their counsell, and communicat with the Moderator sic matters as shall be thocht best to be resolvit at this conventione.
Forsuameikle as it hes pleasit the goodness of God to indew the King’s Majestie with zeal of his trew religione, it was thocht very meit that the Laird of Lundie, Mr John Craige, James Lawsone, Robert Pont, and John Row, should be direct to his Grace to crave that some be direct be his Grace to assist this Assemblie the morne, at aucht houres in the morning, and to report his hienes answer.
Sessio 2.
Anent the Act made in the last Assemblie concernyng the election of Bischops, suspendit whill this Assemblie, and the farder order resolvit thairinto, The Generall Assemblie, all in ane voyce, hes concludit that the said act sall be extendit for all tyme to come, ay and while the corruptione of the Estates of Bischopes be allutterlie taine away, and that all Bischopes alreadie electit, be requirit particularly to submit themselfis to the Generall Assembly concerning the reformatione of the corruptione of that estate of Bischopes in thair persones, qwhilk if they refuse, after admonitiones, excommunicatione to pass against them: qwhilk submission the Bischop of Dumblane willingly offerit to the Assemblie.
Anent ane act made in the last Assembly, the 28th of Aprile 1578, concernyng the collatione of benefices to uther persones nor the ministers of the kirk quhairof the benefices vaikes, and the farther order to be taine in this Assembly, the Kirk present hes farther concludit, that neither Bischops, visitors, nor uthers beiring commissioneof the Kirk, give collation of benefices, by and against the tennor of the said act, Under the paines therein conteint, qwhill the nixt Generall Assembly of the Kirk, at quhilk tyme this matter shall be proponit againe, that farther order may be tane therein.
Anent the penaltie of bischopes, ministers, and uthers bearand functione in the ministrie, that setts fewes and tacks of their benefices and ecclesiasticall livings, or any pairt thereof, or ministers in chapters that gives their consents thereto, without the consent of the Generall Assemblie of the Kirk, against the tenor of the acts made in Assembly before, the Kirk and Assemblie present hes concludit that the saids persones quhilk shall happen to contraveene the said act, shall be depryvit from their offices and functione in tyme cuming.
Forsuameikle as in the last Assemblie, commissione was give to certaine brethren to present to the King’s Grace and Councill the heids of the policie of the Kirk, with a supplicatione unto his Grace, the Kirk desyrit the report of the brethren’s proceeding; who exponit and schew, that according to their commissione they exhibite to the King’s Majestie a copie of the heids of the policie, with the supplication unto his Grace, quho gave a very comfortable and good answer, that not only wald he concurr with the Kirk in all things that micht advance the trew religione presently professit within this realme, but also wald be a protector of the Kirk; and thereafter his Grace presentit the supplicatione to the Councill, who nominat persones to conferr in the matter, and be his Majestie’s procurement obtained of the Councill that they micht choyse so many ministers to conferr, as was at lenth agreit upon: Quhilk conference is readie to be schawen.
Sessio 3.
The report of the Assemblie had be the Commissioners appoyntit be the King’s Majestie and Councill beand exhibite to the present Assemblie, it was thocht meet to be read over.
As to the supplication devysit in the beginning of the conference touching those that shall vote in parliament in name of the Kirk, the Assembly thocht the advyce good, and ordaynit Mrs John Row and Robert Pont to penne the same, and to present it to the Assemblie on Monday.
Concerning the remanent observationes, ordourly the Kirk proceedit as follows:
Cap. 1. The auchteine article thereof whilk in conferrence was desyrous to be made plaine, the Assembly thinks it sensible enough.
Cap. 2. The third article agreit conforme to the conferrence. The 7th article to be farder considerit.
Cap. 3. The 10th article thought plain in the selfe: as to the 12th article, agreit it be framit conforme to the conferrence. Touching the advyce, craveit what paines shall be put to non-residents, The Kirk thought meet and civill law cravit, decernand the benefices to vaick through non-residence.
Cap. 4. The 9th article agreit conforme to the conferrence and the penaltie of persones excommunicat, desyrit to be hornyng or captione be speciall act of parliament to be execute be the Thesaurer, Justice Clark, or uthers, that the King’s Majestie and his Councill pleis to appoynt.
Cap. 5. Agreit with the twa supplicationes desyrit.
Cap. 6. The perpetuitie of the persones of the elders agreit conforme[17]
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... patrimonie of the Kirk, to the hurt and diminutione of the rentalls thereof, and to the prejudice of the old possessors of the same; certifieing them and every ane of them that does in the contrare, that the censures of the Kirk and excommunication sould proceid against them, and this act to be extendit to all Chapiters of every sorte and conditiones that is usit presently in this realme; and sicklyke against these that are receivers, directly or indirectly, of the saids fews, tacks, or uthers dispositiones whatsumever, and the contraveners to be accusit before the Generall or Synodall Assemblies and their Commissioners appoyntit be other of them to that effect, and intimation to be made heirof to all Commissioners and ministers in every Paroche Kirk, and that in respect of the great inconvenients knawn to the Kirk, against the Kirk, schooles, and the multitude of the poore, qwhilk dayly increases and dies miserably through the occasione forsaid.
The nixt Assembly to be in Edinburgh the 24th day of October nixt to come; and, if there be ane parliament betwixt and the saidday, the Assemblie to be where the parliament beis, twa dayes before the samme.