A. D. M.D.LXXIV.
The Generall Assembly haldin and begun [in the upper Tolbooth]
at Edinburgh the 7 day of August 1574: In the quhilk were
present Barronis, Bischops, Superintendents and Commissioners
to plant Kirks, Commissioners of Provinces, Townes, Kirks,
Universities, and Ministers. Johne Dunkansone, Moderatour.
Sessio 1a.
The Assemblie vnderstanding that be the deceis of Johne Gray thair late
clerk, the said office of clarkship is vakand, and none as ȝet is provydit
therto; and therefor befor any proceiding, that it is necessar the said
rowme be silled, hes appointed thir brethren vnderwriten, viz. my Lord
Deane of Aberdeine, Andro Hay, James Lowsone, Alexander Arbuthnet, Principall of the Colledge of Aberdein, James Melvill, Clement Litle, and David Lindesay, Minister of Leith, (all Masters) to
appoint the leits of them, of whose number the clerk is to be chosin.
Quhilk brethren all in ane voyce nominat Mr James Ritchie, George
Mackysone, William Patersone, Wryter, Patrick Fylder, servant to
Alexander Hay, clerk of the Secreit Counsell, to be the leits, of quhilk
number the clerk of the said Assemblie is to be electit; and in the meane
tyme, quhill the said clerk be chosin and receivit, the said Assemblie hes
ordainit Mr Andro Mylne to supplie the place.
[In the trial of Bishops, Superintendents and Commissioners: The
Bishop of Glasgow granted he had not exactly done his duty, alledging
the cause thereof to have been his occupation in temporall affairs of the
Bishoprick, and hearing Ministers preach at their own kirks and promised
amendment in time coming.
The Bishop of Dunkeld was complained upon, For not visiting of the
kirks of Lothian which belonged to his diocy: Secondly, That he had
taine no order with the reader of Abernethie, for his residence, nor for
satisfaction of the slander given by him: Thirdly, For using Simonicall
paction with unquhill Archibald Earle of Argile. To the first he answered,
He had not opportunity to visite the kirks of Lothian: As for the second,
He promised to take order with the said reader: To the thrid he answered,
That my Lord Argile compelled him to give certain pensions forth of the
Bishoprick, which he hath revocked sensyne: As for not excommunicating
the Earle of Atholl, as he was enjoined in the last Assembly, could alledge
no lawfull excuse.
The Superintendent of Lothian was not complained upon, howbeit he
did not visite the whole kirks, seing his visitation was free, and upon his
own charges.
For visitation of the kirks, of diligences of the Bishops, Superintendents
and Commissioners of provinces, and of the questions and supplications to
be given into this present Assemblie, were appointed the brethren underwritten, to wit, John Porterfield, Mr Adam Johnston, Mr James Melvill,
Peter Watson, John Dykes, Mr Robert Wilkie, William Christeson, Mr
George Mackeson, to assemble every day before noon ane hour, and ane
hour after noon, while the books be perused, the bills, supplications and
questions answered; and what they doe herein, to report to this present
Assembly.
Sessio 2a.
The tenor of the examination of Mr John Keith, Dean of the Chapter
of Murrey, and Mr Andrew Simpson.
Mr John Keith, Person of Duffus, and Dean of the Chapter of Murrey,
being accused, Why he being summouned with the Chapter of Murrey to
compear in Aberdeen before certain Commissioners appointed be the General Assembly the 26 day of May, to try of the Bishop of Murrey his
admission, stayed not the time of triall of their process, according as he and
they were commanded: Answered, That at their coming to Aberdeen to
the paroich kirk before the said Commissioners, the Commissioners began
to intreat certain particular matters, concerning the state of the kirk there,
and preferred not their cause and the triall of their process to any other
purpose. The Commissioners answered, That their untimeous coming
caused them to enter into another cause; and when they desired them to
stay till afternoon and the morning of the nixt day, they departed nevertheless upon the 27 day, without giving any advertisement unto them.
The said Mr John being required, Whither, in conscience, he knew the
approbation and witness given to the Bishop of Murrey his life, doctrine
and good behaviour was true, as was written in the process, and of what
assured knowledge they gave it: He answered, That the testimony of his
conversastion was only be report and brute as he heard, and not otherwise;
whereupon they proceeded to that witness given. Being demanded,
Whither these that subscribed his admission were altogether present, and
heard his triell of doctrine and conversation: Answered, That the triell
continued three days, but all were not present the said three days together
at the triell of his doctrine; but the last day when they subscrived, all
were present, except Alexander Winchester. Mr Andrew Simpson, Minister in Forress, one of the said Chapter, answered to the Second article,
touching the cause of their testification of his willing mind, and uprightness
to enter in the Bishoprick, That that which they did was upon his own
confession, who testified as they wrote his sute to be, and because he alledged
he knew him at all times to be of sincere religion: To the Third he answered, That upon Sunday the 20 of December, the first of the three days,
the whole Chapter was present, except Mr Alexander Gordon, Chanceller
of Murrey, Donald Dow and Alexander Winchester. And upon the third
day of examination, which was the 22 of December, All were present,
except Donald Dow and Alexander Winchester and these that were present subserived together.
Mr George Hay, Mr Alexander Arbuthnet, and Mr John Craig, Minister of Aberdeen, produced the process exhibite be the Dean and Chapter
of Murrey the 26 of May 1574, concerning the admission of the Bishop
of Murrey to the said Bishoprick, together with their animadversions upon
the said process, which they desired to be registered in the books of the
Assembly. The Assembly appointed Mr John Keith and Mr Andrew
Simpson and the rest of the Chapter to answer thereto the nixt Munday,
at nyne hours before noon. C.]
Sessio 3a.
Anent the creatioun of ane Clerk of the said Generall Assemblie of the
Kirk: It was vottit through the said haill Assemblie, and concludit, That
of the foure persons appointit on the leits, Mr James Ritchie, be reason
the greatest part thereof gave thair consent to him, sould be clerk; quho,
in presence of the whole Assemblie, solemnlie beand sworne to vse the said
office of clerkship of the Kirk faithfullie, made promise to doe the same,
and acceptit the said office vpon him.
[The Assembly ordaineth Mr Andrew Hay to proceed to deprivation,
conform to the order, against John Anderson, because he had not keeped
the Synodall Assembly these seven years bygane.
The Assembly ordaineth, That humiliation and obedience being made
be Tod in Glenquhome, he be admitted again to reading, and administration
as before. C.]
Forsameikle as it is vnderstand to the said Assemblie, That diuerse Ministers within this realme vses the office of Collectourie and Chamerlainrie
vnder Bischops and vthers beneficit persons, quherthrow they are avocat
from thair cures, and gives great occasion to slander the Kirk: Therfor
it is statute and ordained in this present Assemblie, That fra this tyme furth
no Minister vse and exerce the said office of Chamberlainrie or Collectourie
vnder whatsomever beneficit men, quherby they may be abstractit fra
thair vocation; and contraveiners therof to be depryvit of thair office, and
to be secludit therfra.
Sessio 4a.
[Anent the supplication given in be Mr John Spotswood, Superintendent
of Lothian, dimitting in the hands of the Assembly his office of Superintendentry, as well be reason of his age, now being unable to undertake the
unportable travells committed to him in his office, as be reason that since his
acceptation thereof, for the space of two years he received no stipend;
therefore desiring some zealous able person to take the said cure upon him,
that the Kirk be not destitute in thir perillous times: The Generall
Assembly having considered the said supplication, seing the present necessity and state of time in danger, and appearand perrill effectually to succeed,
in case the said dimission were received, brotherly requested the said Superintendent, in the name of God, to continue in his office till the nixt Assembly, using such diligence therein, as he may reasonably without hurt or
damage to his person: and for assistance and aiding of him in his travells,
the Assembly hath appointed Mr David Lindsay, Minister of Leith, or
such two as he shall require within his bounds, who have promised to
concurr with him; and in the mean time the Assembly shall procure at
my Lord Regents Grace, provision to be made to him, and others of the
like vocation and charge within the Kirk, for their stipend.
At the diet appointed Mr John Keith and Mr Andrew Simpson, for the
Dean and Chapter of Murrey, to give in their replyes to the animadversions produced be Mr Alexander Arbuthnet, Principall of the Colledge
of Aberdeen, and his collegues, against the process used be the said Dean
and Chapter in admitting of the said Bishop of Murrey to the Bishoprick,
conform to the last act of the Assembly in this case; the said Mr Alexander
and Mr George Hay, one of his collegues, being personally present, compeared the said Mr Andrew and Mr John Keith, and produced their replyes in writt. The Assembly continued their deliverance and answer in
the said matter till the afternoon.
Sessio 5a.
Anent the deliverance and determination of the General Assembly upon
the impugnations given in be Mr George Hay, Commissioner of Aberdeen,
and his collegues, against the process used be the Dean and Chapter of
Murrey, in election and admission of the Bishop of Murrey to the said
Bishoprick, produced by Mr Andrew Simpson and Mr John Keith, and
upon the replyes given in be the said Mr John and Mr Andrew, for the
part of the said Dean and Chapter; the said Mr George and Mr Alexander
Arbuthnet, one of his collegues, being present, and the said Mr Andrew and
Mr John likewise being personally present: the said Assembly continued
the pronouncing of the deliverance and determination of the said matter
to the tenth of this instant.
Sessio 6a.
The Assembly hath concluded commission to be given to their loved
brother John Areskine of Dun, Superintendent of Angus, Mr George Hay,
Commissioner of Aberdeen, Mr Alexander Arbuthnet, Principall of the
Colledge of Aberdeen, Mr John Craig, Minister there, Robert Fairlie of
Braid, John Heriot of Trabroun, or any three of them, to treat with my
Lord Regents Grace, upon the heads and articles concluded in this Assembly to be presented be them to his Grace, for resolution and answer to be
had thereupon, conform to the commission granted to them thereupon;
whereof, with the tenor of the saids articles, the contents after follow;
and ordaineth a supplication to be direct to his Grace for his Graces
answer upon the saids articles.
The tenor of the Commission given to the Commissioners of the Kirk,
for presenting the Articles to my Lord Regents Grace.
At Edenburgh the tenth day of August 1574, the Generall Assembly of
the Kirk of Scotland, conveened presently within the same burgh for
intreating of such things as concern the glory of God and weal of the
said Kirk, understanding be diverse complaints proponed to them, the
iniquity that universally abounds throughout this countrey; as also having
putt in consultation diverse heads most necessar and godly, for the weal of
the Kirk of God, and establishing of the Evangell, wherein my Lord
Regents Graces good assistance and help would be earnestly craved; Has
given, granted and committed, and be the tenor hereof gives, grants and
committs to their loved brethren, John Areskine of Dun, Superintendent
of Angus, Mr George Hay, Commissioner of Aberdeen, Mr Alexander
Arbuthnet, Principall of the Colledge thereof, Mr John Craig, Minister
there, Robert Fairlie of Braid, John Heriot of Trabroun, or to any three
of them, their full, free and plain power to pass to my Lord Regents
Grace, and to present to his Grace humbly the saids heads and articles,
which the said Assembly hath putt in writt, direct with them to his Grace
to reason and conser thereupon; and to require his Graces answer upon
the saids articles, to be reported again be them to their nixt Assembly:
firm and stable holding and for to hold whatsomever the saids Commissioners, or any three of them, in the premisses, to the glory of God and his
Kirk righteously leads to be done. C.]
[The tenor of the Articles of the Generall Assembly of the Kirk of
Scotland, to be proponed to my Lord Regents Grace be the Commissioners of the Kirk. C. & B.]
In the first, That stipends be grantit to Superintendents in all countreys
destitute thereof, whither it be quher ther is no Bischops, or quher ther
is Bischops and may not discharge thair cure, as the Bischops of Sanct Androes and Glasgow.
Item, That in all burrowstouns, quther the Ministers thereof are displacit
and serves in vther kirks, that thair Ministers quho servit them of befor,
be restoreit againe to awaite on thair cures, and they be not obleist to any
vther kirk; or els that vthers be placit in the saids townes.
Item, That his Grace will give commission to certaine gentlemen in
every countrey, that incest, adulterie, witchcraft and sick odious crymes,
quherwith the countrey is replenishit, may be punishit.
Item, That in every kirk destitute of Ministers, sick persons as are
present and readie to be plantit, be placit, and stipends grantit vnto
them; whose names salbe given up be the Bischops, Superintendents and
Commissioners.
Item, In respect that in the ecclesiasticall functioun ther is two only
distinct offices of teaching, the Doctour that interpretes the Scriptures,
and the Minister to preach and apply the same: That his Grace will
take ordour, that Doctours may be placit in Universities, and stipends
grantit vnto them; querby not only they quho are presentlie placit, may
have occasion to be diligent in thair cure, but also vther learned men
may have occasion to seik places in Colledges within this realme.
[Item, That his Grace will take ordour with the Ministers, to whom
there was restand awand of the Collectors of the years bygane, certain
rests that may be paid.
Item, That the saids Commissioners travell with his Grace for Mr John
Davidson, anent his kirk. C.]
Item, That his Grace will take ane general ordour with the pure,
especially in the Abbayis, sick as Abersbrothock and vthers, conforme
to the Act made at Leith; and in speciall to discharge teind sybowis,
leiks, keale, onyoons, be ane act of the Secreit Counsell, quhill ane Parliament be conveinit, that they may be simpliciter dischargit.
Item, That his Grace will grant commission to certaine persons in every
dyocie to sitt in causes of divorcement, quher the parties are poore.
[Item, Because there are sundry Bishopricks vacand, such as Dumblaine,
Rosse and others, That his Grace wald take order that some qualified
persons be provided thereto with diligence. C. & B.]
[Item, Because there are diverse Ministers, whose cures are augmented
and stipends diminished, That his Grace take order therewith. C.]
Item, That his Grace wald cause the books of the Assignatioun of the
Kirk be delyverit to the Clerk of the Generall Assemblie.
[Item, Forsamikle as there is diverse books sett out be Jesuits and other
hereticks and erroneous authors, containing manifest contumelies and
blasphemies against God, and his revealed truth, and yet are dayly inbrought in this countrey be Poles, crammers and others, to the heavy
offence of the Kirk of God, That his Grace will provide remeed.
Item, It is understand to the Generall Assembly be credible report of
certaine learned men lately arrived within this countrey, that a French
printer of the best renowned this day, nixt Henricus Stemphanus, being
banished with his wife and family from his countrey, hath offered unto
them to come in Scotland, and to bring with him three thousand franks
worth of books, and to print whatsoever work he should be commanded;
in so much that there should not be a book printed in French or Almain,
but once in the year it should be gotten of him, if he might have sure
provision of a yearly pension of three hundreth merk; which indeed is
ane offer so comfortable to the countrey and Kirk, that it ought not to be
overseen: That his Grace will consider the same offer, and take order
therewith.
The form of the Supplication direct to my Lord Regents Grace be the
Assembly, with the Articles
The General Assembly of the Kirk of Scotland, conveened at Edenburgh the 7 day of August 1574, to my Lord Regents Grace
wisheth perpetuall prosperity, and increase of the Holy Spirit.
It will please your Grace: In this our late Assembly diverse great
enormities and faults being found universally through the countrey, proponed for amendement thereof, and whereof very necessity craveth to have
had correction; as also sundry other heads being putt in this consultation,
very necessar and profitable for the advancement of the Kirk of God
within this realme: most necessar it was thought of all, that your Graces
help and assistance should be sought and implored thereunto, that the
wrath of God, which presently hangeth over this realme be reason of the
same enormities, may be taken away; and therefore we have direct commission to our beloved brethren, John Areskine of Dun, Mr George Hay,
Commissioner of Aberdeen, Mr Alexander Arbuthnet, Principall of the
Colledge thereof, Mr John Craig, Minister thereof, Robert Fairlie of
Braid, John Heriot of Trabroun, or to any three of them, with certain
articles to be presented to your Grace for reformation of such things as
are contained in the same; whereof we doubt not, seing the samine are
both godly and honest, and for the weal of the Kirk of God, which we
doubt not but your Lordship tenders, but your Grace will give a reasonable and godly answer thereto; seing your Grace is and should be the
father of the Kirk and common weal, which we recommended to your
Grace, praying God to preserve the same in good estate, to the comfort
of his Kirk, and the common weal of this realme. From Edenburgh the
eleventh of August 1574.
Your Graces most humble Subject, Mr James Ritchie, Clerk
of the General Assembly, at the commandment thereof.
Sessio 7a.
For reading and answering to the supplications and complaints given
to the Assembly, this present Assembly nominates and appoints their brethren, Mr David Cunninghame, Mr James Carmichael, Minister of Hadinton, William Sanderson, Minister at Whittinghame, Alexander Foster,
Minister at Tranent. C.]
Forsamikle as it is vnderstand to the General Assemblie of the Kirk, that
ther is diverse persons quho, in their wyfes tyme, committs adulterie with
vther mens wyves, and therafter, after thair wyves deceise, maries them
quhom they have polluted in adulterie: Therfor it is statute and ordanit
be this present Assembly, That Bischops, Superintendents and Commissioners of provinces charge all sick persons so joy nit in that slanderous and
vnleisum band, to separate themselves and abstaine fra vther, vntill the
tyme it be decydit be the Judge Ordinar, Whither the said mariage be
lawfull or not, vnder the paine of excommunication to be execute against
dissobeyers.
[In the books of visitation which shall be presented to the Assembly be
the Bishops, Superintendents and Commissioners of provinces, it is ordained,
That the names of their kirks be given up in speciall be them in the beginning of the saids books.
Anent Bishops, Superintendents and Commissioners of Kirks, who shall
be found negligent in their office, or doe not their dutifull charge, either in
their visitation, doctrine or life: The Assembly hath decreed and ordained,
That they shall be punished and corrected according to the quality of their
faults, either be admonition, publick repentance, deprivation for a time, or
deprivation simpliciter, at the sight of the said Assembly.
Sessio 8a.
Anent the time appointed be the General Assembly to pronounce their
deliverance and answers upon the impugnations produced be Mr George
Hay and his collegues, against the process of admission and election of the
Bishop of Murrey, produced by Mr Andrew Simpson and Mr John Keith
in name of the Chapter and Dean of Murrey, and upon the replyes made
thereto: The said Assembly understanding, That the said Bishop hath
speciall interess in the said cause, and is not summoned thereto, ordaineth
a citation to be direct out for summoning of the said Bishop, Dean and
Chapter, in the premisses to the nixt Assembly; and appointeth John
Durie, Minister of Edenburgh, and Mr George Mackesone, Soliciter of
the Kirk, to travell with the procurators of the Kirk, for libelling of the
said summons against them, and to see that diligence be used for raising
thereof.
Ordains Mr Andrew Milne, Minister, to cause the Superintendent of
Mernes and Angus to send over the Conference had at Leith, to be acted
in the books of the Assembly. C.]
Tuiching the complaint made vpon the Bischop of Dunkeld, for ministration of the holy supper vpon worke dayes, at the kirks within his jurisdictioun: It is thoght good be the Generall Assembly, That the said
Bischop forbeare the ministratioun of the said sacrament vpon worke dayes,
and cause it to be ministrat vpon the Sabboth dayes, according to the
ordour of the rest of the kirks within this realme.
[Forsamikle as in the acts of the General Assembly concluded of before,
the said Bishop of Dunkeld was decerned and ordained to pronounce the
sentence of excommunication against John Earle of Atholl, wherein notwithstanding nothing is proceeded, but the said act plainly contraveened:
Therefore it is statute and ordained, That the said Bishop proceed against
the said Earle with the sentence of excommunication within 40 days nixt
thereafter, under the pain of suspension of him from his said office; and
to the observation of this present act, the said Bishop hath interponed his
faithfull promise.
The same day, complaint being made upon John Brand, Minister of
Halyrudhouse, That he had not pronounced the sentence of excommunication against Alexander Bishop of Galloway, conforme to the act of the
Generall Assembly made of before: It was statute and ordained, That the
said John proceed against the said Bishop and pronounce the sentence of
excommunication against him, if the said Bishop compeared not betwixt
and Lambmess nixt, and satisfy the said Kirk, under the pain of deprivation of the said John of his office, in case he failzie therein. C.]
Sessio 9a.
[Forsasmikle as be imprinting and putting [to] light of works repugnant
to the truth of Gods word, or containing manifest error, the weak ones of
the truth may be heavily prejudged and seduced from the truth: There
fore the Generall Assembly presently conveened, all in one voice have
given power to their loved brethren, Mr Robert Pont, Provest of the
Trinity Colledge, Mr James Lowsone, Minister of Edenburgh, Mr David
Fergusone, Minister of Dumfermline, Mr David Lindsay, Minister of
Leith, Mr Clement Little, one of the Commissioners of Edenburgh, John
Brand, Minister of Halyrudhouse, or any three or four of them conjunctly,
To visite and oversee all manner of books or works that shall be proponed
to be printed, and to give their judgement thereupon, if the samine be
allowable and approved be the Law of God or not; their judgement and
opinion thereof be their subscription and hand writt to witness and testify
for relief of such as shall read the said works: which commission of oversight forsaid the said Generall Assembly witheth to endure firm and stable
to their nixt Assembly.
For reviewing and sighting of the history of Job compiled be Mr Patrick
Adamsone in Latine verse: The present Assembly hath willed their loved
brethren, and the right honourable Mr George Buchanan, keeper of the
Privy Seal, Mr Peter Young, Pedagogue to our Soveraign Lord, Mr
Andrew Melvill, Mr James Lowson, Minister of Edenburgh, to take
travell in perusing of the said work; and if the same be found be them
agreeable to the truth of Gods word, to authorize the samine with testimony of their hand writt and subscription. C. & B.]
[Anent the petition of Mr Robert Pont and Mr Thomas Makchyean,
two of the Senators of our Soveraign Lord his Colledge of Justice, proponed in name and behalf of the said Colledge, desiring the Generall
Assembly to provide, That the readers of ilk kirk note up the names
of the persons departed within their parishes yearly, and deliver the
samine to the Superintendents to be exhibite be them at ilk Assembly: For satissieng of the said petition, it was thought good and
delivered be the said Assembly, That the readers at every kirk, in the
Synodall Assembly present the catalogue of the names of the persons deceased within their paroich to their Superintendents, to the effect that they
may report the same to the Generall Assembly, to be delivered to such as
shall be appointed be the saids Lords for receiving of the same. C.]
For avoyding of Simonie in the Kirk, the haill Assembly of the Kirk,
all in ane voyce, hes vottit, concludit and decreit, That all sick persons as
either buyes or sells benefices, or vses any vther kynd of couping thereof,
either directlie or indirectlie, salbe depryvit of all kynd of function within
the Kirk, and the discipline of the Kirk strike vpon them with all kynd
of rigour and extremitie; and the buyers, sellers, or vtherwayes coupers
of the benefices to tyne the same for ever.
It is ordained, That the Clerk of the Assembly receive of the Bishops,
Superintendents and Commissioners, the names of the Ministers and
readers provided since the decease of unquhill John Gray, late Clerk of
the said Assembly, with the day and date of their admissions, to the effect
their names may be insert in the books of the Kirk.
Ordains to writt to the brethren Commissioners appointed for presenting
the articles concluded in this Assembly to my Lord Regents Grace, to
receive the saids articles with their commission and supplication to his
Grace; and, in speciall, to putt them in remembrance touching Mr John
Davidsons Dialogue.
That the Bishop of Dunkeld, for his departing before the dissolution of
this present Assembly, against the tenor of the act made the 13 of March
1572, be delated at the nixt Assembly.
The Commissioner of Cliddisdaill, Ranfrew and Lennox resigned over
in the hands of the Assembly his commission in these parts, praying the
Assembly to provide some qualified zealous person in his place, that the
countrey grow not to all kind of insolence and dissolution; which dimission the said Assembly, in respect of the present state and necessity of time,
would not receive, requesting him brotherly to continue in his commission
till the nixt Assembly, with such diligence in his office as he may reasonably use, that the Kirk be not destitute in the mean time.
The tenor of the commission given to Mr John Robertson and Robert
Grahame, Commissioners of Cathness
At Edenburgh, the eleventh day of August, the year of God 1574 years.
The whole Kirk presently assembled, in one voice and mind, giveth full
commission, speciall power and charge to their loved brethren, Mr Robert
Grahame, Archdeacon of Rosse, and Mr John Robertson, Thesaurer thereof, conjunctly and severally, to pass to the countries of Cathness and
Sutherland, and there to visite Kirks, Colledges and Schools and other
places needfull within the saids bounds, and in the samine to plant Ministers, Readers, Elders and Deacons, Schoolmasters and others members
necessar and requisite for erecting of a perfect reformed Kirk; suspend
for a time or simpliciter deprive such as they shall find unworthy or not
apt for their office, whither it be for crimes committed or ignorance;
abolish, eradicat and destroy all monuments of Idolatry; establish and sett
up the true worship of the eternal God, as well in Cathedrall and Colledge
Kirks, as in other places within the saids bounds, conform to the order
taine and agreed on in the Book of Discipline; and also to search and
inquire the names of all these that prossess benefices within the saids bounds,
at whose provision they have been; and if any vaike or happen to vaike
within the Commissionary, to confer and give the famine to the persons
qualified, and being presented be the just patrons of the famine, the due
examination preceeding, to reject and refuse such as they shall find unable
and not apt thereto, as they will answer to God and the Kirk thereupon:
Their diligence to be done therein with thir presents, to report them to
the nixt Assembly, where it shall happen to be holden for the time. Given
in the Generall Assembly and 9 Session thereof. Subscribed be the Clerk
of the same, day, year and place forsaid.
Sessio 10a.
Anent the answers reported from Mr Robert Hamilton, Minister of
Sanct Andrews, direct to the Moderator present, to the bill direct from
the Assembly to him for his compearance before them to answer super
inquirendis, excusing him be the business of the Colledge, and be the Superintendent of Stratherne who declared to him that the Assembly was to
dissolve incontinent: The Generall Assembly of the Kirk giveth commission to Mr John Spotswood, Superintendent of Lothian, Mr Robert
Pont, Provest of the Trinity Colledge, Mr David Lindsay, Minister at
Leith, John Brand and the Kirk of Edenburgh, with any three of the
fornamed persons, conjunctly to summon the Ministers, Elders and Deacons of Sanct Andrews to compear before them and to try the cause,
why the Fast was not keeped among them according to the Act of the
said Assembly; and of the violation of the Sabbath day by profane playes,
and such other things as they shall inquire of them at their coming; and
what beis done be them hereinto, to certify the brethren in their nixt
Assembly.
The brethren underwritten, they are, to witt, Mr Robert Pont, Provest
of the Trinity Colledge, and the rest of the Commissioners depute be the
Kirk to the conference with my Lord Regents Graces Commissioners, reproduced in plain Assembly the tenor of the said conference, hinc inde in
writt; which conference the said Assembly caused deliver to Mr George
Mackesone, Soliciter for the Kirk, to be copied and given out in examples
to the Bishops, Superintendents and Commissioners of the Kirk and Ministers, as he should be required upon their reasonable charges.
Questio, To the question moved to the Assembly, C.] Whither if the
parochiners of a towne, or the Provest and bailies thereof, aught to have
the electioun of thair awin belman and Clerk: It is ansuerit, That sick as
payis them sould choose them.
[The brethren appointed for visitation of the books of Bishops, Superintendents and Commissioners of provinces, gave their judgement thereof
in writt to the Assembly.
Forsamikle as it is necessar, in case of the Assembly of the Estates of the
realme or Parliament, that the Kirk be resolved in such things as they
have to propone to the same, which necessarly requires a certain space of
before: Therefore C.] The brethren hes thoght good, in cace of any
Parliament to be haldin, or any vther weghtie cause requyreand necessarlie the presence of the body of this haill Assemblie, That the Superintendent of Louthiane, Mr James Lowson, Minister of Edenburgh, Mr
David Lindesay, Minister of Leith, make laufull premonitioun and advertisement to thair brether, to be present vpon sick competent space befor
as they fall think needfull; quhilk Convention of before salbe recountit
for ane Assembly.
That absents from this Assembly be sumound to the nixt Assemblie to
heir them convict of absence; and punischment to be joynit to them at the
fight of the Kirk.