Chapter XVI: Part 16

Anent Prouisioun of Ministeris and certane Stipendis for thame,
at all Paroche Kirkis, and appointing of Commissioneris for
ordering thairof.--30 Nov. 1581.[32]

_Item_, Becaus for laik of preching and teiching in sindrie partis of the realme, monie people are suspectit to be fallin in greit ignorance and danger of godles atheisme. It being found maist difficill, that in the charge of pluracie of kirkkis, ony ane minister may instruct mone flokis: Thairfoir it is thocht expedient, statute, and ordanit be our Soverane Lord, and his thre Estatis of this present Parliament, That euerie paroche kirk, and samekle boundis as salbe found to be a sufficient and a competent, parochrie thairfoir sall haue thair awin pastoure with a sufficient and ressonable stipend, according to the state and habilitie of the place. And that all kirkis to the prelacyis annexit, be prouidit of sufficient ministeris, with competent livingis, alsweill laitlie disponit, sen his Hines acceptatioun of the gouernement of his awin persoun, as that sall vaik and be providit heirefter, whill his Hines perfite age. And befoir the title of any prelacie be conferrit to any persoun heirefter, that the saidis livingis and stipends be reseruit in the prouisioun, and alwayis comptit in the thrid, to the effect that ministeris may be prouidit thairto _ad vitam_. And in cace ony gift or prouision of prelacie sall pas vtherwayis, declaris the same to be null, and of nane auail, force, nor effect; ffor the speciall executioun of the qwhilk ordoure, his Majestie, with aduise of his saidis thre Estatis, grantis and gevis power and commissioun to his richt traist cousingis, and trustie and weill belouit Counsaillouris and vtheris efter specefeit, videlicet: James Stewart, Erle of Arrane, &c. and to considder, appoint, and ordour the estate of the saidis kirkis and stipendis, qwhairthrow the saidis ministeris being honestlie sustenit, may the better attend to thair flokis and propir vocatioun. And the said ordoure to continew ay and quhill forder ordoure be tane be his Hines, with aduise of his saidis Estatis in Parliament.

VII.

The Ratificatioun of the Libertie of the trew Kirk of God and
Religioun, with Confirmatioun of the Lawis and Actis maid to
that effect of before.[33]--_Penult die mensis Novembris_,
1581, (ch. 1.)

Our Souerane Lord, with auise of his thre Estaittis and haill body of this present Parliament, hes ratifeit and apprevit, and be the tenoure heirof ratifies and apprevis, all and quhatsumever Actis of Parliament, statutis, and constitutionis, past and maid of befoir, aggreabill to Goddis word, for mantenance of the liberte of the trew Kirk of God and Religioun, now presentlie professit within this Realme, and puritie thairof. And specialie the actis maid in the regne of the Quene, his dearest moder, in the Parliament halden at Edinburgh, the 19th day of Aprile, the zeir of God 1567, Anent the cassing, annulling, and abrogating of all lawis, actis, and constitutiounis, cannon, ciuile and municipale, with uther constitutiounis contrair the Religioun now professit within this Realme. And the actis in likewise efter following, made in diuerse Parliamentis, halden sen his Hienes’ Coronatioun. Namelie, the actes anent the abolisching of the Pape and his usurpit authoritie. Annent the annulling of the actis of Parliament, maid againis Goddis word, and mantenance of Idolatrie in any times bypast. The Confessioun of the Faith professit be the Protestantis of Scotland. Anent the Mes abolischit, and punisching of all that heiris or sayis the same. Anent the trew and haly Kirk, and of thame that are declairit not to be of the same. Anent the admissioun of thame that salbe presentit to benefices, havand cuir of ministerie. Anent the Kingis aith to be gevin at his coronation. Anent thame that suld beir publict office heirefter. Anent thriddis of benefices grantit in the moneth of December, the zeir of God 1561 zeris, for sustenyng of the ministerie, and utheris effairis of the Prince. Anent thame that salbe teicheris of the zouth in scules. Anent the jurisdictioun of the Kirk. Anent the dispositioun of Prouestries, Prebendareis, and Chaplanreis to Bursaris, to be foundit in Colleges. Anent the fylthie vice of Fornicatioun, and punischment of the same. Anent thame that committis Incest. Anent lawfull Mariage of the awin blude in degreis, not forbiddin in Goddis word. Ratification and approbatioun of the actis and statutis maid of befoir, anent the freedome and libertie of the trew Kirk of God. Anent the trew and haly Kirk. That the aduersaries of Christis Euangel sall not enjoy the patrimony of the Kirk. Anent the disobedientis, quhilk salbe resavit to oure Soueraine Lordis mercie and pardoun. The explanatioun of the act maid anent manses and gleibis. Anent purchessing of the Papis bullis, or giftis of the Quene, oure Soverane Lordis moder. Approbation of the actis maid anent the dispositioun of benefices to the ministers of Christis Euangel. Anent the reparatioun of Paroche Kirkis. The ratificatioun of the libertie of the trew Kirk of God and Religioune. That the Gleib of the Ministeris and Reideris salbe fre of teyndis. Anent the trew and haly Kirk, and of thame that are declarit not to be of the same. Anent the jurisdictioun of the Kirk, dischargeing of Mercattis, and lauboring on Sondayis, and playing or dreinking in tyme of sermone. Anent the zouth, and utheris bezond sey, suspect to haif declinit from the trew religioun. That householderis haif Bybillis and Psalme buikis. ffor punischment of strang and idill beggeris, and releif of the puir and impotent. And declaris the saidis actes, and ewery ane of thame, and all utheris actis of Parliament, maid in favour of the trew Religioun, sen the said Reformatioun, to haue effect in all poyntis, eftir the forme and tenour thairof.

VIII.

That Ministeris sallbe presentit be the Kingis Maiestie
and the lawit Patronis to all benefices of cuir under
Prelacyis.[34]--(Ch. 4,) 30 November 1581.

_Item_, It is statute and ordanit be our Souerane Lord, with aduise of his thre Estatis of this present Parliament, That all benefices of cuir, under prelacyis, sallbe presentit be our Souerane Lord, and the lawit personis in the fauoure of abill and qualifeit ministers, apt and willing to enter in that functioun--and to discharge the dewtie thairof. And in cace any sall happin to be gevin and disponit wtherwise herefter, decernis and declaris the giftis and dispositiounis to be null and of none availl, force nor effect.

IX.

Anent the Libertie of the Preching of the trew Word of God, and
administratioun of the Sacramentis.--22d May 1584, c. 1.[35]

Oure Souerane Lord, with auise of his thrie Estatis convenit in this present Parliament, hes ratefeit and appreuit, and be the tennour heirof ratefeis and apprevis the libertie of the preching of the trew word of God, and administratioun of the Sacramentis in puritie and synceritie, according to the Confessioun of the Faith receavit and auctorizit be Parliament, in the first zeir of his Majestie’s Regnne.

X.

Anent the Auctoritie of the thrie Estatis of Parliament.--Eo die,
c. 3.[36]

The Kingis Majestie, considering the honour and the auctoritie of his Supreme Court of Parliament, continewit past all memorie of man vnto thir dayis, as constitute vpon the frie votis of the thrie Estatis of this antient kingdome, Be quhom, the same, under God, ever hes bene vphaldin, rebellious and traterous subiectis pvnisit, the guid and faithfull preseruit and mantenit, and the lawis and actis of Parliament (be quhilkis all men ar governit) maid and establisit. And finding the power, dignitie, and authoritie of the said Court of Parliament of lait zeris callit in sum doubt, at least sum curiouslie travelling to haue introducit sum innovatioun thairanent, his Maiestie’s firme will and mynd alwayis being as it is zit, that the honour, authoritie, and dignitie of the saids thrie Estatis sall stand and continew in the awin integritie, according to the ancient and louable custome, obseruit in tyme bygane, without ony alteratioun or diminutioun. THAIRFOIR it is statute and ordinit be our said Souerane Lord, and his thrie Estatis assemblit in this present Parliament, That none of his lieges and subiectis presume or tak vpoun hand to impugne the dignitie and authoritie of the saids thrie Estatis, or to seik or procure the innovatioun or diminutioun of the former auctoritie of the same thrie Estatis, or ony of thame, in tyme cuming, vnder the pane of treasoun.

XI.

Ane Act confirming the Kingis Maiesties Royall Power over all
Statis and Subiectis within this Realme--Act 1584, c. 2.[37]

Forsamekle as syndrie personis, being laitlie callit befoir the Kingis Majestie and his secreit Counsell, to answer upon certaine pointis to have bene inquirit of thame, concerning sum treasounable, seditious, and contumelious spechis, utterit by thame in Pulpet, Scolis, and utherwayis, to the disdane and reprooche of his Hienes, his Progenitouris, and present Counsell, contemtuouslie declinit the jugement of his Hienes and his said Counsell in that behalf, to the evill exemple of utheris to do the like, gif tymous remeid be not providit: Thairfoir our Souerane Lord, and his thrie Estatis assembled in this present Parliament, ratifeis and apprevis, and perpetuallie confirmis the royall power and authoritie over all statis, alsweil Spirituall as Temporall, within this Realme, in the persoun of the Kingis Majestie, our Souerane Lord, his airis and successouris: And als statutis and ordainis, that his Hienes, his said airis and successouris, be thameselffis and thair counsellis, ar, and in tyme to cum sallbe, juges competent to all personis his Hienes subjectis, of quhatsumever estate, degrie, functioun, or conditioun that ever they be of, Spirituall or Temporall, in all matteris, quhairin they, or ony of thame, sallbe apprehendit, summound, or chargeit to answer to sik thingis as sallbe inquirit of thame, be our said Soverane Lord and his Counsell. And that nane of thame, quhilkis sall happin to be apprehendit, callit, or summound, to the effect foirsaid, presume, or tak upoun hand to decline the jugement of his Hienes, his airis or successouris, or thair Counsell, in the premisses, under the pane of treasoun.

XII.

Ane Act dischargeing all jurisdictionis and judgementis,
not approuit be Parliament, and all Assembleis and
Conventionis, without our Souerane Lordis speciall licence and
commandement.[38]--Act 1584, c. 4.

Forsamekle as in the trublous tymis, during thir xxiiij zeris bypast, syndrie formis of jugementis and jurisdictionis, alsweil in Spiritual as Temporal causes, ar entrit in the practis and custome, quhairby the Kingis Majesties subjectis ar oftymis convocat and assemblit togidder, and panis alsweil civill and pecuniall, as Ecclesiasticall, inioinit unto thame; proces led and deduceit; sentences and decreitis gevin, and the same put in executioun: Na sik ordour as zit being allowit of, and approuit be his Majestie, and his thrie Estatis in Parliament, contrare the custome obseruit in onie other Christiane Kingdome, or weill governit commoun weill; and to the diminissing of the force and power of his Hienes awin lawis, be the quhilkis his Majesties subjectis aucht to be rewlit; and speciallie his Hienes and his Estatis, considering that in the saidis assembleis, certane his subjectis have takin upon thame to justifie, and auctorize the fact perpetrate aganis his Hienes persoun and Estate at Ruthven, and prosecutit thairefter, quhill his Majestie, at Goddis pleasour, recoverit his libertie, having, in thair pretentit maner, maid actes thairupoun, kepis the same in Register, and as zit seimis to allow the said attemptat, althoucht now publictlie condemnit be his Hienes and Estatis as treasounable, nane of the authoris thairof having cravit his Hienes pardone thairfoir. For remeid quhairof, in tyme cumming, swa that according to the lovable act of his darrest Guidsir, King James the Ferd, of worthie memorie, all his Hienes liegeis (being under his obeissance) man be rewlit be his awin lawis, and the commoun lawis of this Realme, and be nane uther lawis: Our Soverane Lord, and his thrie Estatis, assemblit in this present Parliament, dischargeis all jugements and jurisdictionis, Spirituall or Temporall, accustomat to be usit and execute, upoun ony of his Hienes subjectis, quhilkis ar not approvit be his Hienes, and his saidis thrie Estatis, convenit in Parliament: and decernis the same to ceis in tyme cumming, quhill the ordour thereof be first sene and considerit be [his Hienes, and his saidis thrie] Estatis [convenit] in Parliament, and be allowit and ratifeit be thame: Certefeing thame, that sall proceid in using and exerceing of the saidis jugementis and jurisdictionis, or in obeying of the same, not being allowit, and ratifeit, as said is, They sallbe repute, haldin, callit, persewit, and punissit as usurparis, and conteminaris of his Hienes auctoritie, in exemple of utheris. And als it is statute and ordainit, be our said Soverane Lord, and his thrie Estatis, that nane of his Hienes subjectis, of qwhatsumever qualitie, estate, or functioun they be of, Spirituall or Temporall, presume or tak upoun hand, to convocat, convene, or assemble thameselflis togidder, for halding of councellis, conventionis, or assembleis, to treat, consult and determinat in ony matter of Estate, Civill or Ecclesiasticall, (except in the ordinare judgementis) without his Majesties speciall commandement, expres licence, had and obtenit to that effect, under the panis ordinit be the lawis and actis of Parliament, aganis sic as unlawfullie convocatis the Kingis lieges.

XIII.

The Causes and Maner of Deprivation of Ministers.--Act 1584, c.
5.[39]

Our Soverane Lord, and his thrie Estatis, assemblit in this present Parliament, willing that the word of God salbe preachit, and Sacramentis administrat in puritie and synceritie, and that the rentis, quhairon the Ministeris aucht to be sustenit, sall not be possest be unworthie personis neglecting to do thair dewties, for whilkis they accept thair benefices, being utherwayis polluted with the fraill and enorme crymis and vices after specefeit. It is thairfoir statute and ordainit be his Hienes, with auice of the saidis thrie Estatis, That all Personis, Ministeris or Reiddaris, or utheris providit to benefices, sen his Hienes Coronatioun, (not having vote in his Hienes Parliament,) suspectit culpable of heresie, papistrie, fals and erroneous doctrine, commoun blasphemie, fornicatioun, commoun drunkennes, non-residence, pluralitie of benefices having cure, quhairunto they are providit sen the said Coronation, Symonie and dilapidatioun of the rentis of benefices, contrare the lait act of Parliament, being lawfullie and ordourlie callit, tryit, and adjudgit culpable, in the vices and causes abonewrittin, or onie of thame, be the ordinare Bishop of the diocie, or utheris the Kingis Majesties Commissionaris to be constitute in Ecclesiasticall causes, sall be deprivit alsweil fra thair functioun in the Ministerie, as fra thair benefices, quhilkis sallbe thairby declarit to be vacand; to be presentit and conferrit of new, as gif the personis possessouris thairof were naturallie dead: And that it sallbe esteemit and jugeit not-residence, quhair the persoun being in the functioun of the ministerie, providit to ane benefice, sen the Kingis Majesties Coronatioun, makis not residence at his mans, gif he ony hes; and failzeing thereof, at sum uther dwelling place within the parochin, but remainis absent thairfra, and from his kirk, and using of his office, be the space of four Sondayis in the haill zeir, without laufull caus and impediment, allowit be his ordinare. And quhair ony persoun is admittit to ma benefices, havand cure, sen our Soverane Lordis Coronatioun, the acceptatioun of the last sallbe sufficient cause of deprivatioun from the remanent, swa that he be providit to twa or ma benefices havand cure, sen the tyme of the said Coronatioun. And nevertheles this present act sall not extend to ony persoun providit to his benefice befoir the said Coronatioun, nather sall the bruking of the said office, quhairunto he was providit of befoir, induce pluralitie of benefices in this cace, bot he sall allanerlie tyne his richt of the benefice quhairunto he wes providit sen the said Coronatioun alanerlie: And unioun of kirkis to ane benefice not to be jugeit pluralitie, quhill farder ordour be establissit and providit in that behalf: Likeas alswa, the personis being in the functioun of the ministrie, that sall happin to be lawfullie and ordourlie convict befoir our Soverane Lordis Justice-Generall, or utheris thair Jugeis competent of criminall causis, sik as treasoun, slachter, mutilatioun, adulterie, incest, thift, [commoun oppressioun, usurie aganes the lawis of this Realme,] perjurie, or falset: They being likewayis lawfullie and ordourlie deprivit fra thair functioun in the ministerie, be thair ordinare, or the Kingis Commissionaris in Ecclesiasticall causes. The benefices possest be the saidis personis to vaik, be reasoun of the said convictioun, and deprivatioun. And this to have effect and executioun onlie for crimis, vicis, faultis, and offenceis, that sall happin to be committit efter the dait heirof.

XIV.

Act for abolisheing of the Actis contrair the trew Religion.
[Ratification of the libertie of the trew Kirk: Of Generall and
Synodal Assemblies: Of Presbyteries: Of Discipline. All Laws
of Idolatrie ar abrogate: Of presentation to benefices.]--Act
1592.[40]

Our Soverane Lord and Estaittis of this present Parliament, following the lovable and gude example of thair predecessours, Hes ratifiet and apprevit, and be the tenour of this present act, ratifies and apprevis all liberties, privileges, immunities and freedomes quhatsumevir, gevin and grantit be his Hienes, his Regentis in his name, or onie of his predecessouris, to the trew and haly Kirk, presentlie establishit within this realme; and declarit in the first Act of his Hienes Parliament, the twentie day of October, the zeir of God ane thousand, five hundreth, three-scoir ninetene zieres: and all and whatsumevir actis of Parliament, and statutes maid of befor, be his Hienes and his Regentis, anent the libertie and fredome of the said Kirk: and specialie the first act of the Parliament, halden at _Edinburgh_, the twentie foure day of October, the zeir of God ane thousand, five hundreth, and four-scoir ane zieres, with the haill particulare actis thairin mentionat, Quhilk sall be als sufficient as gif the samyn wer herin exprest. And all uther actis of Parliament maid sensyne, in favouris of the trew Kirk; And siklyk, ratifies and apprevis, the Generall Assemblies appointed be the said Kirk: And declairis, that it sallbe lauchfull to the Kirk and Ministrie everilk zeir, at the leist, and offer _pro re nata_, as occasioun and necessitie sall require, to hald and keip Generall Assemblies: Providing that the Kingis Majestie, or his Commissioner with thame to be appoyntit be his Heines, be present at ilk Generall Assemblie, befoir the dissolving thairof, nominat and appoint tyme and place, quhen and quhair the nixt Generall Assemblie salbe haldin: and in caise nather his Majestie, nor his said Commissioner, beis present for the tyme in that toun, quhair the Generall Assemblie beis halden, Then, and in that caise, it salbe lesum to the said Generall Assemblie, be themselffis, to nominat and appoynt tyme and place, quhair the nixt Generall Assemblie of the Kirk salbe keipit and haldin, as they haif bene in use to do thir tymes bypast. And als ratifies and apprevis the Sinodall and Provinciall Assemblies, to be haldin be the said Kirk and Ministrie, twyis ilk zeir, as they haif bene, and ar presentlie in use to do, within every Province of this realme; And ratifeis and apprevis the Presbiteries, and particulare Sessionis, appoyntit be the said Kirk, with the haill jurisdictioun and discipline of the same Kirk, aggreit upon be his Majestie, in conference had be his Heines with certane of the ministrie, convenit to that effect: of the quhilkis Articles the tenour followis. MATERIS to be entreated in Provincial Assemblies: Thir Assemblies ar constitute for wechtie materis, necessar to be entreatit be mutuall consent, and assistance of brethrene, within the Province, as neid requyris. This Assemblie hes power to handle, ordour, and redresse, all things omittit or done amisse in the particulare Assemblies. It hes power to depose the office-beareris of that Province, for gude and just causeis, deserving deprivatioun: And, generallie, thir Assemblies hes the haill power of the particulare Elderschippis, quhairof they ar collectit. MATERIS to be entreated in the Presbiteries. The power of the Presbiteries is to give diligent lauboris in the boundis committed to their chairge: That the kirks be kepit in gude ordour, To enquire diligentlie of naughtie and ungodlie personis: And to travell to bring thame in the way agane be admonitioun, or threatning of Goddis jugementis, or be corectioun. It appertenis to the Elderschip, to tak heid that the word of God be puirlie preachit within thair boundis, the Sacramentis richtlie ministrat, the Discipline intertenyit, And Ecclesiasticall guidis uncorruptlie distributit. It belangis to this kynd of Assembleis, to caus the ordinances maid be the Assembleis, Provinciallis, Nationallis, and Generallis, to be kepit and put in executioun, to mak constitutionis, quhilkis concernis το πρεπον in the Kirk, for decent ordour, in the particulare kirk quhair they governe; Provyding that thay alter na rewlis maid be the Provinciall or Generall Assemblies: And that they make the Provinciall Assemblies foirsaidis, privie of the rewlis that they sall mak, and to abolishe constitutionis tending to the hurte of the same. It hes power to excommunicat the obstinat, formale proces being led, and dew intervall of tyme observit. ANENT particulare kirkis, Gif they be lauchfully rewlit be sufficient minsteris and sessioun, Thay haif power and jurisdictioun in thair awin Congregatioun, in materis Ecclesiasticall. And decernis and declairis the said Assembleis, Presbiteries, and Sessiounes, Jurisdictioun and Discipline thairof foirsaid, to be in all tymes cuming, maist just, gude, and godlie in theselff, Notwithstanding of quhatsumevir Statutis, Actis, Cannon, Civile, or Municipall Lawes, maid in the contrair; To the quhilkis and every ane of thame, thir presentis sall mak expres derogatioun: And becaus thair ar divers Actis of Parliament, maid in favour of the Papisticall Kirk, tending to the prejudice of the libertie of the trew Kirk of God, presentlie professit within this realme, jurisdictioun, and discipline thairof, Quhilk stands zit in the buikis of the actis of Parliament, not abrogat nor annullit: Thairfoir his Heines and Estaittis foirsaids hes abrogat, cassit, and annullit, and be the tennor heirof, abrogatis, cassis, and annullis all Actis of Parliament maid be ony of his Hienes Predecessoris, for mantenance of superstitioun and idolatrie, with all and quhatsumevir Actis, Lawes, and Statutes, maid at ony tyme, befoir the day and dait hereof, aganis the libertie of the trew Kirk, jurisdictioun, and discipline thairof, as the samyn is usit and exerceisit within this realm. And in speciall, that pairt of the sevint act of Parliament halden at [_Streviling_, the fourt day of _November_, ane thousand four hundredth, fourty-three] zeiris, commanding obedience to be gevin to _Eugin_ the Pape for the tyme: the 109 act made be King James the _thrid_, in his Parliament halden at _Edinburgh_ the twenty-fourth day of _Februar_, [the zeir of God] ane thousand, four hundreth, fourscor thrie zeirs. And all utheris actis quhairby the Paipis authoritie is establishit. The 47 act of King James the _third_, in his Parliament halden at _Edinburgh_, the [twenty day of _November_, ane thousand, four hundredth, three scor nine] zeires, anent the Satterday and uther vigilis to be hally dayes from Evin sang to Evin sang. ITEM, that pairt of the 31 act maid be the _Queene Regent_, in the Parliament halden at _Edinburgh_, the first day of _Februar_ ane thousand, five hundredth, fifty-ane zeirs, Geving speciall licence for haldin of _Pashe_ and _Zule_. ITEM, The Kingis Majesty and Estaitis foresaidis declairis, that the secund Act of the Parliament haldin at _Edinburgh_, the xxij day of Maij, the zeir of God ane thousand, five hundredth, four scoir, four zeires, sall naways be prejudiciall, nor derogat anything to the privilege that God hes gevin to the spirituall office beareris in the Kirk, concerning heads of religioun, materis of heresie, excommunicatioun, collatioun or deprivatioun of ministeris, or ony sik essential censours, speciall groundit, and havand warrand of the word of God. ITEM, Our said Soverane Lord, and Estaittis of Parliament foirsaids, abrogatis, cassis, and annullis, the XX act of the same Parliament, halden at _Edinburgh_, the said zeir, ane thousand, five hundredth, fourscoir, four zeires, granting commission to bischoppis and utheris juges, constitute in ecclesiasticall causes, to ressaue his Hienes presentatioun to benefices, to gif collatioun thairupon, and to put ordour in all causes ecclesiasticall: quhilk his Majesty and Estaites foresaidis, declairis to be expyrit in the self, and to be null in tyme cuming, and of nane availl, force, nor effect. And thairfoir ordanis all presentationis to benefices, to be direct to the particular presbiteries, in all tyme cuming: with full power to thame to giff collationis thereupon; And to put ordour to all materis and causes ecclesiasticall, within thair boundis, according to the discipline of the Kirk: Providing the foirsaidis presbiteries be bund and astrictit to ressaue and admitt quhatsumeuir qualifiet minister presentit be his Majestie, or uther laic patrounes.

XV.

Vnqualified persones being deprived, the Benefice vaikis, and the
Patron not presentand, the richt of Presentation pertaines to
the Presbytery, but prejudice of the tackes, set be the person
deprived.--Act 1592, c. 117.[41]

Our Souerane Lord Considering the greit abuses quhilkis ar laitlie croppen in the Kirk, throw the misbehaviour of sik personis as ar providit to ecclesiasticall functionis: sic as personages and vicarages within any parrochin, and thairefter neglecting thair charge, ather levis thair cure, or ellis committis sik crymes, faultis, or enormities that they are fund worthie of the sentence of deprivatioun, ather befoir thair awin presbiterie, or ellis befoir the Sinodall and Generall Assemblies. Quhilk sentence is the less regardit be thame, Because, albeit they be deprivit of their functioun and cure within the Kirk: zit thay thinke they may bruike lawfully the profites and rentes of their saids benefices, enduring their lyfetymes, Notwithstanding the said sentence of deprivatioun: Thairfore, our Soverane Lord, with avice of the Estaitis of this present Parliament, declaris, that all and quhatsumever sentence of deprivatioun, ather pronouncit already, or that happenis to be pronouncit hereafter, be ony Presbyterie, Synodall or General Assemblie, agains ony persone or vicare within their jurisdictioun, provydit sen his Hienes coronation: (All personis provydit to personages and vicarages, quha hes voit in Parliament, Secreit Councill, and Sessioun, or providit thairto of auld, befoir the Kingis coronatioun, And Maister _George Young_, Archidene of _Sanct Androis_, being specially exceptit,) is and sal be repute in all jugementis, ane just cause to seclude the persone befoir providit, and than deprivit frome all profites, commodities, rentis, and deweties of the said personage and vicarage, or benefice of cure: And that ather be way of actioun, exceptioun, or reply. And that the said sentence of deprivatioun salbe ane sufficient cause to mak the said benefice to vaike thereby. And the said sentence being extractit and presentit to the Patroun, the said Patroun sal be bund to present ane qualifiit persone of new to the Kirk, within the space of sex monethis thairefter: And gif he failzie to do the same, the said Patroun sal tyne the richt of presentatioun for that tyme allanerlie: And the richt of presentatioun to be devolvit in the handes of the Presbytery within the quhilk benefice lyes; to the effect that thay may dispone the same, and gif collatioun thereof, to sik ane qualifiit persone as they sall think expedient. Providing allwayes, in caise the Presbytery refuises to admit ane qualifiit minister, presentit to thame be the Patroun: It sall be lauchfull to the Patroun to retene the haill fruitis of the same benefice in his awin handes. And forder, his Heines and Estaitis foirsaides declairis, that the deprivatioun already pronouncit, or to be pronouncit, be ony Presbytery, Synodall or Generall Assemblies, agains ony of the personis or vicaris foirsaid, sall nawayes hurte or be prejudiciall to ony tackes, lawchfullie set be that persone deprivit, befoir his deprivatioun, to quhatsumevir personis.

NOTE--_20th March 1839._

Since the Preface to these sheets was in types, and, indeed, after it was made up for the press, the Editor has been favoured with the subjoined Letter from Dr Lee, in reply to some inquiries with regard to the measures adopted for recovery of the ancient Records of the Church. It would have been embodied in the Preface had it reached in time; but the Editor avails himself of this opportunity to do justice to all the parties who have taken an interest in the matter of our ancient Records, and seconded Dr Lee’s most meritorious exertions.

“_March 19, 1839._

“MY DEAR SIR,

“I am sorry that neither my health nor my leisure allows me
to detail any of the proceedings with a view to the recovery
of the Records of the Church. From the year 1820 to 1830, the
correspondence on the subject with the late and the present Bishop
of London, continued at frequent intervals, and I took repeated
journies to London for the purpose of carrying the point. Messrs
Spottiswood and Robertson were very active in the matter. I
had many interviews with several members of the Government and
Legislature, and, in particular, I was greatly indebted to the Earl
of Haddington, Sir William Rae, and Mr Home Drummond. The Dean
of Faculty (then Solicitor-General) took a great interest in the
matter, and I ascribe it very much to his influence, combined with
the very hearty and vigorous exertions of Sir William Rae, that Sir
Robert Peel, when Secretary for the Home Department, interposed in
1829.

“There had been Petitions to Parliament--That to the House of Lords
was presented by Lord Haddington, and supported by Lord Melville.
The Petition to the House of Commons was presented by the Lord
Advocate, (Sir Wm. Rae,) and supported by Sir James Mackintosh and
many other Members. The effect of these movements, and especially
of a letter from the Secretary of State to the President of Sion
College, was to prevail on them to go the length, in 1830 or 1831,
(I have not the precise date in my recollection,) of resolving to
consent to a full transcript from these Records being taken, at
the expense of the Church of Scotland. Unhappily this resolution
was not communicated to me till the time of the meeting of the
Patronage Committee in 1834; and a majority of that Committee, when
they ordered the Books before them, resolved to retain them.

“It is needless now to reflect on what was done. The object of
this resolution was to serve the Church; but some oversight was
committed, through which the Books were left in very unsafe
keeping, and so they perished irrecoverably. It is still possible
that the Duplicate, which was presented to the Assembly 1638,
may exist. It consisted of more volumes, and was more truly the
Register than that which was in Sion College. But where it can be
is not so easily conjectured. I really think it very probable that
it is still in existence.--In haste,

“Yours,

“J. LEE.”

[FIFTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, convenit at
Dundee the twenty-fourth of Apryll 1593.

Exhortatione made be Mr Robert Bruce, Moderator of the last Assemblie. The brethren, according to their order, proceeding to the electione of ane Moderator, appoyntit in leitts Mrs David Lyndsay, James Balfour, James Nicolsone, Andrew Melvill, Patrick Simpsone, and, be pluralitie of vots, the said Mr David was chosen Moderator, _hac vice_.

Sess. 4. 25 Aprilis.

The Commissioners underwryten presentit thir Articles following to his Majestie and Counsell convenit, viz. The Lairds of Abbotshall, Wadderburne, and Merchestoune, John Arnot and William Little, sometyme Proveists of Edinburgh, and Clement Car; Mrs Robert Bruce, Patrick Galloway, James Nicolsone, and Walter Balcanquall.

Followes the Tenor of the saids Articles and humble Petitiones
of the Generall Assemblie of the Kirk, cravit of his Majestie,
Counsell, and Nobilitie, presently convenit.

First, Seeing the increase of Papistrie is daily within this realme. It is cravit of his Majestie, that all Papists within the samen be punisched according to the lawes of God and this realme.

_Item_, That the act of Parliament, _ipso facto_, may strick upon all manner of men, landit and unlandit, constitute in office or utherwayes, of what sort soever they be, alseweill as the samen is provydit to strick against beneficit persones.

_Item_, That a declarator may be given against Jesuites, Seminarie Priests, and trafficking Papists, declareing them culpable of treasone and lese Majestie, whereby the receipters of such persones may be punischit according to the act of Parliament; and that reformation may be had of the said act in that pairt where the samen is only expendit against such persones receipts them be the space of three dayes, and that the penaltie of the act may be inflicted againes any receipters without any condition of dayes.

_Item_, That all such persones as the Kirk shall finde and declare publickly to be Papists, although they be not excommunicat, be debarrit from brooking any office within the realme, as also from accesse to his Majestie’s companie, and from enjoying any benefite of the lawes; as also that the paine of horning, and other civill paynes, may follow upon the said declarator, such lyke as presently followes upon the sentence of excommunicatione, and that ane act of Councill presently be made and published thereupon, qwhill the nixt Parliament, qwhere the samen may be establisched in ane law.

_Item_, That his Majestie will consider the great prejudice done to the haill Kirk by erecting of the teynds of diverse prelacies in temporalitie, as of the Abbay of Paslay and sundry others, be the qwhilks the planting of Kirks is greatly prejudged; and that, therefore, ane substantiall order may be tane for remedie thereof.

Forsuameikle as the numbers of the Presbytries within this realme and their places wald be knowne, the names thereof being inquyrit, the full Assemblie and number of the samen were given up as follows, viz.

Ane Presbytrie in Zetland, 1, callit Tingwald: In Orknay, Kirkwall: In Kaithness, Thurso: In Sutherland, Dornoch: In Rosse, Taine and the Chanonrie: In Murray, 4; Innerness, Fortress, Elgine, and Ruthwen: In Aberdeene, 5; Bawmff, Deer, Innerowrie, Aberdeen, and Kincardine: In Mearns, 1, Cowy: In Angus, 4; Brechine, Arbrothe, Meagle, Dundee: In Dunkeld, 1, Dunkeld: In Perth, St Johnstoune, Dumblaine: In Fyfe, 4; St Androiss, Couper, Drumfermling, and Kyrkaldie: In Striviling, ane; Lynlithgow: In Lowthiane, 4; Edinburgh, Dalkeith, Haddingtowne, and Dumbarr: In Tweidisdaill, Peeblis: In the Merss, 2; Chirnsyde and Dunce: In Teviotdale, Jedburgh and Melross: In Nythsdale, ane; Drumfreis: In Galloway, 2; Kirkcudbright and Wigtoune: In the Shreffdome of Aire, 2; Aire and Irwing: In Ranfrow, Paislay: In Lennox schyre, Dumbartone: In Clydsdale, 3; Glasgow, Hamiltone, and Lanrick.

Forsuamikle as the visitation of the Presbytries throughout the realme is thought ane thing very necessare, and from diverse Assemblies commissione hes been given to that effect; notthelesse ane necessitie yet remaining qwhilk craveing the continowing of the said commissione, The Kirk, therefore, and the Commissioners present, hes given commissione to certaine brethren to visite and try the doctrine, lyfe, and conversation, diligence and fidelitie, of the pastores within the saids Presbytries, and sicklyke to try if there be any of the beneficed number within the samen, not making residence, having no reasonable cause, to purge the samen; if there be any that hes dilapidated their benefices, sett tacks and wthers dispositiones thereof by the consent of the Generall Kirk of God, and unable and unqualified to teache and edifie; and with advyce of the Presbytrie within the qwhilk the saids persones are, to proceed against them according to the qualitie of the offence, or depositiones of their offices according to the acts of the Kirk: And that for schortning of the Commissioners’ travells, ane diligent tryall amang themselves be taken for the Commissioners’ coming, Qwherein they may understand and note the abuse qwhilk wald be correctit; commanding also the Presbytries within the qwhilks the saids Commissioners remaynes to provyde for the saids Commissioners’ flockes in their absence in the said visitatione.

Sessio 5^a. 26 Aprilis.

The Kirk and Commissioners present ordaynes the parochiners of St Androis to landwart, to bige ane edifice to themselves, ane paroche kirk, in such ane place as the saids parochiners and Presbytries agries upon, nearest the mids of the paroche, betwixt and Lambas come ane year, according to their sute made to Parliament, and sicklyke made to the Assemblie; certifying them if they failzie, they shall be debarrit from all benefice of the Kirk of St Androis.

Sessio 6. Eodem die.

The names of the Kirks vaikand in Angus and Mairnes:

Inchesture, Abernyte, Innergowrie, Logie, Lundie, Strukinniture, Inneraritie, Beadoquhy, Ruthven, Glenila, Glames, Essie, Clodag, Kyntrahane, Achie, Methri, Tannadaice, Aldbar, Inch-Braikie, Newdiske.

Kirks within the Synodall of Glasgow unprovydit:

Kilmarnock, Paislay, Kyllarnie, Balfrone, Strablade, Cardrosse, Inchealzell, Baldernock.

The Kirks provydit with men, but wanting stipends be vertue
of the erectione of the teynds of the Abbacie of Paislay in
temporalities:

Hammiltone, Glasford, Admoiss, Blantyre, Schotts, Dalserff, Lanrick, Dolphingtoune, Carringtowne.

The names of the Kirks unplantit within the bounds of Merss:

Lammertoune, Fischerwicke, Swintowne, Howden, Fogo, Grundlay, Stitchill, Nenthorne, Hoome, Bassanden, Ednem, Cranschaws, Ellen.

Kirks vaikand within the Presbytries of Dumblaine:

Aberfoill, Kilmahugo, Callendar, Leny, Port, Kilbryde, Balqwhidder, Carnbie, Tullieschidlie, Sowane, Moniwaird, Strageithie, Kynkell, Aberwheem.

Kirks unplantit within the Presbytrie of Dunkeld:

Strathphiline, Killine, Andrum, Inchadden, Weymes, Pitcharren alias Graintully, Kirkbreinmure, Kylconquhade, Muckiggan, Cannoch, Strowan, Blair in Athole, Ludeskill, Manenach, Muling, Finlargie, Munnach, Dowallie.--In the laich land:--Ladybryde, Ochtergovine, Kynlewine, Capechie, Lachundie, Blair in Gowrie, Glenshie.

Kirks vaikand in Kathness, Thurso:

Within Orknay, the South Hamptoune Kirk; North Rannaldsay: In Zetland--Archedenorie, Fara, Birsa, Nesting, Levingsting, Kingfuing.

Sessio 7. 27 Aprilis.

In presence of the haill Assembly, compeired Sir James Melvill of Halhill, ane of the Commissioners direct be his Majestie to compeir in his Heines’ name as Commissioner, and presentit his Majestie’s missive direct to that effect, with certaine articles, and ane act of Parliament for instructing thereof, qwhilk the Assemblie thocht meet privatly to be considerit be certaine brethren, qwha were appointit to conferre with his Majestie’s Commissioners, and to that effect were dispatchit out of the Assemblie to advyse and giue their opinione at their returne, to witt, Mrs Robert Bruce, Robert Pont, Andrew Melville, James Nicolsone, Peter Blackburne, James Melvill, the Laird of Cambo, Commissioners of Edinburgh: Qwho returning, read the Articles and their Answers, qwhilks the Kirk approvit; Ordayning the saids Articles, Answers thereunto, and act of Parliament, to be insert in the Register of the Kirk, qwherof the tenor followis:--

The Articles proponit in his Majestie’s name to the Generall
Assemble, presently convenit at Dundie.

His Majestie declares, that in respect he cannot of honour sie the priviledge of his Crowne hurt, Therefore he will have regard to sie the last act of Parliament keepit concernyng the conveining of the Generall Assemblie be his Majestie’s appoyntment; willing them heirfore, before their skailling, to direct two or three of their number unto him, to desyre him to appoynt the day and place of their next conveining.

Secondlie, His Majestie desyres them to make ane Act of their Assemblie, prohibiting all and euery ane of the ministrie, under the paine of deprivatione, to declame againes his Majestie or Counsellors’ proceedings in pulpit, not only in respect of his Majestie’s knawne good intention, for the furthsetting of pietie and justice, but lykewayes because his Majestie at all tymes giues readie accesse and loving care to sundrie of the ministers, to informe, delait, or complaine, either in their awn name or in the name of any of the brethrene.

Thirdly, His Majestie desyres them to appoynt and put on leitt, fyve or six of the most discriet of the ministers, that his Majestie may make choice of twa of them to serve in his house, in respect of Mr Craig his decripit age.

Fourthly, Seeing the standing of the religione and the welfare of his Majestie’s persone are so inseparablie joynit, as qwhatsumever are enemies to the ane are commone enemies to both; so his Majestie desyres, that through all the Presbytries of this countrie, there shall be some appoyntit to advertise and informe his Majestie heirafter, with diligence, for the mair speedie remedie, not only of qwhatsumever practises they can learne many wayes, of Papists and Spanish factiones, but also of the receipters and practises of Bothwell, qwhereof they can haue any knawledge; Qwhais haill courses, as they are directly against his Majestie’s persone, so whollie they tend to the subversione of the whole religione: with direction also to them to informe also the haill Barrones and honest men maist tenderous of his Majestie’s wellfare to gine ever such faithfull intelligence of the saids practises as they can learne from tyme to tyme.

Fifthly, His Majestie desyres, that through all the countrie, qwhere there is any ports for landing-places, that there be some of the brethren speciallie appoyntit to deall so with the burgesses that they may take good and sufficient tryall according to his Majestie’s law made thereanent, of all those qwho shall hereafter come in, or pass furth of this countrey qwharfra they came, and qwharto they are bound; qwhat is their traffique or intention to doe: And so, after good and sufficient tryell, if there be anything of weight and importance, that they on no wayes faill to make his Majestie acquaint therwithall; to the effect his Majestie may the more easilie discover qwuhatsumever forraigne or civill practises, is or shall be in heid against the present estate of religione: And this he cravit to be done so faithfullie, as he hes good opinione of your earnest affectione, no lesse in the preservation of his Majestie’s awne persone as in the defence of the common cause; as also he promises to assist and aide yow in all and qwhatsumever your good resolutiones, that may tend to the furderance of peace and quyetness; with the advancement and maintainance of the religion presently professit in this realme.

Humble Answers of the Generall Assemblie to the Articles proponit
be his Majestie’s Commissioners to the same, at Dundie, the
27th of Aprylle.

First, The Article concernyng the conveining of the said Generall Assemblie is agreit unto, according to the tenor of the act of Parliament presentit with the saids Articles.

As touching the 2d Article, It is ordaynit be the haill Kirk, that no minister within this realme utter from pulpitt any rashe or unreverent speeches againes his Majestie or Councill, or their proceedings; but that all their public admonitiones proceed upon just and necessar causes and sufficient warrant, in all fear, love and reverence, under the paine of deposeing such as does in the contrare, from their functione and office in the ministrie.

As to the 3d Article, The Kirk agries therto, and speciallie anent the provisione of ministers ane or mae to his Majestie; that certaine be nominat be the Commissioners direct to his Grace with his advyce, of qwham his Majestie may make choyse: and the brethren to be lykit of his Majestie, to be placit and admittit be the Presbytrie where his Grace shall be resident for the tyme.

As concernyng the 4th and 5th Articles, the samen are condescendit to and order taken, as his Majestie shall be particularly informit be the said Commissioners.

Follows the tenor of the act of Parliament.

[The Act 5th June 1592, 12 James VI. is referred to--_Vide_
Appendix II. p. 373.]

Ordaynes supplicatione to be made in Parliament, that in all kirks, alsweill Abbay and Cathedrall Kirks, or uthers qwhatsumever, qwhere either the haill parochine is kirkland, or ane pairt thereof only, and there hes neither been manses nor gleibs knawne to appertayne therto of old,--that the Estates of Parliament make the act concernyng the designatione of manses and gleibs to be extendit to all the forsaids kirks, and that there be four aikers of kirkland designit and grantit to the minister most commodious and nearest the kirk, qwhether there hes bein a gleib there, or ane part only, not extending to four acres of land.

Sessio 8^a. Eodem die.

Anent Colledges and rents thereof: The Assembly hes ordayned that no dispositione of the rents and living thereof be tack or uther title be made without the advyce and consent of the Generall Assemblie, under the paine of depositione of the persones doeing in the contrare.

Anent the residence of ministers, for furderance of the residence of such persones as partaike of manses are non-resident: It is resolvit and agreit that euery parochine where the pastors’ manses is aither ruinous or altogether laiks, be ordaynit to repare and build the same manses upon their awne expenses, with stane, timber, and all uther materialls, with workmanship, carriage, and uthers things needfull for the repairing and bigging thereof, Qwhilk if they faillie and refuse to doe, being dewly requyrit, they shall not only, so many as refuis, be halden be the Kirk, the haill cause of their pastor’s not residence, but also it shall be lawfull to the aires, executors, and assignayes of the minister or reader departing, or himselfe dureing his lyfetyme, to reteine the possessione of the manse builded be him, in caice he build and repaire the same upon his awne expenses after the refusall of the parochiners, ay and qwhill the nixt intrant minister or reider refund to him, his aires, executors, or assigneys, the haill expences made be him for repairing and building; at leist saemeikle thereof as the parochine cannot be movit to refound; and that the presbytrie at the intrant’s admissione take order for performance heirof: provyding that the expences to be made be the said pastor or reader exceed not four hundreth marks, and that the presbytrie, after his repairing or bigging of the said manss, take the exact compt and tryall of his expenses, and give him their allowance tharupon, to be registrate in their books; And this act alsweell to extend to them that is alyve and hes alreadie bigged, as to them that are to bigg or repaire hereafter. And lykewise the second and third minister or reader, and consequently the successors to the ministers where the manss is biggit, shall haue the lyke title to crave of the intrant after him the said expenses, qwhilk he hes depursit to his predicessors, ay and qwhill the parochiners redeem and acquit the said manss or bigging thereof, to be made free thereafter to the intrant minister or reader.

Sessio 9. Aprilis 28.

Because the haill Assembly could not meet before the Parliament to be haldin in June next, It is ordaynit that a brother or twa [of every Presbytrie[42]] shall meet to consult, treat, resolve, and conclude upon such heads, poynts, articles, petitions, and supplicationes, as they shall think meet to be cravit and concludit be consent of Parliament, for the glory of God, and comfort of the generall Kirk; qwhilks breither shall haue the power of the said Generall Assembly, and proceed as the samen might doe if the haill number were present.

The qwhilk day, after the reasons were heard and discussit, contenit in the appellatione presentit to the Generall Assemblie be Mr Andrew Young, minister of Dumblane, the Generall Assembly ordaynes the Presbytrie of Dumblane to be transportit to Auchterardour, with libertie to the brethren of Dumblane appealing, aither to resort to Auchterardour or Striviling, as they please.

Forsuameikle as in Synodall Assemblies, the books of particular presbytries are tryit and visitit, and heretofore, the books of the Synodall Assemblies hes not bein tryit in the Generall, qwhilk appears to the haill brethrene to be necessar: Therefore it is concludit in tyme coming, to every Generall Assembly, the books of the Synodall Assemblies shall be direct be the Synodalls, to be sichtit and considerit in the Generall Assembly, for understanding the better of their proceedings, under the panes of the censure of the Kirk.

Anent the contraversies betwixt the brethren of the ministrie: ffor uptacking thereof, it is resolvit and concludit be the haill brethren and Commissioners present, that qwhene any plea or contraversy aryses betwixt the breither of the ministrie, though it be in ciuil matters, if they be of ane presbytrie, that they elect brethrene of the said presbytrie, to qwhat number they think best, qwho shall choose ane oversman, and summarly decyde and give sentence in the matter, qwhilk shall be irrevocable; and no appelatione to be interponed therefrae: And if they be of diuerse presbytries, they lykewise make election of brethren of aither of the presbytries, in equall number as the saids contendars shall agree, qwhilk brethren so electit shall choose ane oversman, and decyde and give sentence as said is; from the qwhilk no appellatione shall be interponit. And if any brother will be willful and refuse this forme and submissione, he shall be halden be the Kirk contumax. Att Edinburgh, 24th of March 1595.[43] The pane is deprivatione, and that this act be put in executione presently for decision of the contraversie betwixt James Andersone and Mr Henry Guthrie.

Anent the Ministrie of St Androis: The Generall Assembly Ordayns and appoynts Mr David Black, minister of St Androis, to discharge the dewtie of ane lawfull ordinar pastor therein, in preaching the word, ministratione of the sacraments, and exercising of discipline, so far as he is able to doe, according to the measure of his gifts that God hes bestowit on him; and to the intent that the said Mr David may, with fruit and comfort, trauell in the said ministrie, the said Assembly ordaynes the said Mr David to give in into the presbytrie thair, such things as he wald haue furtherit and brocht to passe for the wiell of the said congregatione and ministrie thereof, to the performance qwhereof, the said presbytrie shall indevoure themselves to the wttermost, having before their eyes the honour of God, the weell of the people and towne, and ease and peace of their awne conscience; unto the qwhilk presbytrie, this present Assemblie grants and committs full power and authoritie for that effect. And because the said Mr David is not able to enter in that charge alone, the said Assembly hes nominat Mr Robert Wallace, for the speciall meet qualities they know to be in him, to be associat with the said Mr David, as ane fellow-labourer in the ministrie foresaid; giving full commission to the presbytrie to try the consent of the haill towne and universitie of St Androis, concerning their lyking of the said Mr Robert to be associat in the ministrie as said is; and finding no reasonable cause alleadgit and verified against the said Mr Robert, in lyfe or doctrine, qwhairfore they should not giue their consent and approbatione to the said Mr Robert, for the cause mentionat, but the maist part of the towne and universitie, consenting to his ressait, the Generall Assemblie ordaynes the said presbyterie to associat and place the said Mr Robert, fellow-labourer with the said Mr David Black, and the said towne of St Androis to pay the said fellow-labourer his stipend thankfullie, according to the promise made in Synodall and General Assemblies. And in caice the maist part of the said towne and universitie consent not to the receiving of the said Mr Robert, the Kirk gives libertie to the said Mr David, with advyse of the said towne, to choyce ane brother, of qwhom they may both haue lyking: and to the intent, this order taken with the said ministrie of St Androis as is above sett downe, may be better performit and settlit, the said Assemblie giues commission to Mrs Robert Bruce and David Lyndsay, conjunctlie and severallie, as their adoes and occasiones may permitt, to visit the said Kirk of St Androis in their returning from the Assemblie, and travell with the haill number of the said kirk, for putting of their ministrie to ane peaceable stay and ordour: as also, to sie that qwhilk is decernit in this Assembly concernyng the landwart to be forderit and brought to passe, and for quyeting the state of the towne.

Mr William Coke, younger, for the provest, baillies, and councill of the towne, disassentit from the nominatione of Mr Robert Wallace.

The Generall Assemblie, by the authoritie given to them of God, discharges all and every Christiane within the Kirk of Scotland from repairing to any of the King of Spaine his dominions qwhere the tyrannie of inquisitione is used for traffiquers with merchandice, negotiatione or exercing of sea-fareing occupatione, untill the tyme the King’s Majestie, be the advyce of the Counsell, haue saucht and obtained speciall libertie and licence of the King of Spaine for all his leiges and subjects, to traffick in merchandice, and occupie within the haill pairts of the King of Spaine his dominions, without any danger to their persone or goods, for the cause of their religion and conscience, under the paine of incurring the censure of the Kirk, until the last sentence of excommunicatione.

[FIFTY-EIGHTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk of Scotland, convenit at
Edinburgh, the 7 of May 1594.

Exhortatione being made be Mr David Lindsay, last Moderator, the Assembly proceedit to the electione of a new Moderator, and appoynting the leets, Mr Andrew Melvill, Patrick Galloway, Patrick Simpsone, Robert Pont, the said Mr Andrew was chosen _hac vice_.

Sessio 2^a. May 8.

The necessitie of the tyme and affaires qwhilk are to be intreatit being considerit be the Kirk, it was concludit that no brother having Commissione to this Assemblie depart from the samen, before the finall dissolutione thereof, without licence obtained therefrae, under the paine of suspensione from their office, untill they be reponit be the said Generall Assemblie thereto. And as concernyng the penaltie of Commissioners that comes not to the Assembly at all, or remaynes not qwhill the end thereof, ordaynes the Register to be considerit what hes been statute already, and to report afternoone.

Sessio 3^a. Eodem die.