Acts and Proceedings: 1572, March

A. D. M.D.LXXI.

The Generall Assemblie haldin and begun in St Androes [in Sanct Leonards school] the saxt day of Marche 1571: In the quhilk were present the Superintendents, Barrons, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, Ministers, and Mr Johne Dowglas, Archbischop of St Androes. Mr Robert Hamiltoun, Minister in St Androes, Moderatour for this present Assemblie.

Sessio 1^a.

[At the triall of the Superintendents, Mr John Winram, Superintendent of Fife, was complained upon be Mr Thomas Kinneir, Minister at Carraill, That his kirk had not been visited thir three years bygone, and that at this last visitation there he used not due order, in so far as he consulted not with the Ministers and Elders touching things to be reformed, &c.: Nixt accused, that he had not visited Stratherne, Menteith, Braidalbane the year bygone: Thirdly, that he had given the vicarage of Kilmanie to one that is no Minister, nor hath any function within the Kirk, wherethrough the Minister of the said kirk planted by himself is frustrate thereof. Reentering he answered to the first, That he referred to the book of visitation. The Assembly exhorted him to be more diligent in visitation as he might conveniently; which he promised to doe.

Mr David Lindsay, Commissioner of Kyle, Carict and Cunninghame, was accused for not putting order to certain enormities done to the kirk of Uchiltrie, and committed to him be the Assembly holden at Leith. He alledged for excuse the shortness of time, and greatness of the stream. The Assembly required him to take order in the premisses how soon he might conveniently; which he promised.

The Assembly appointeth Mr William Gardin, William Clark, James Carmichaell, John Inglis and George Scot, to conveen the morne at seven hours, to visite the books of Superintendents and Commissioners appointed to plant kirks, and to report again to the Assembly what diligence they find.

Sessio 2^a.

The brethren conveened, remembring on the commission given to certain brethren in the Assembly, past before, to conveen with the Regents Grace and Secret Counsell, to treat upon the heads which were to be proponed be his Grace and Counsell; as also such heads and articles as they had to propone in name of the Assembly: In respect whereof, understanding that the saids brethren Commissioners had already concluded upon some heads with my Lord Regents Grace and Counsell foresaid, and had reported the same to this Assembly, appointed the Archbishop of Sanct Andrews, Mrs John Knox, John Craig, John Row, Alexander Arbuthnet, James Wilkie, Patrick Adamson, Gilbert Gairdin, William Clerk, Robert Montgomerie, William Christesone, David Fergusone, William Spence, George Leslie, George Scot, Mr John Rutherford, Patrick Kinninmouth, with the Superintendents of Fife, Mrs David Lindsay and Andrew Hay, Commissioners before appointed, That they or eight of them conveen in Mr Knox house this day at two afternoon, and there consider and sight the said articles and conclusions; and what therein they find agreeable to Gods word, and to the utility of the Kirk, to report the same to the Assembly this night or the morne, that the saids conclusions may be insert in the Register.

Sessio 3^a.

In consideration that the countrey of Murrey is presently destitute of a Commissioner to visite the Ministers and plant kirks, all in one voice gave commission to Mr John Keith, Persoun of Dussus, to visite Ministers, plant kirks where none are, suspend and depose as occasion shall serve, conferr benefices to qualified persons, at the presentations of the just patrons, visite colledges and schools, &c.; and what he doeth in the premisses to report to the nixt Assembly.

Touching questions and complaints given or to be given in: The Assembly appointed Mr Andrew Hay, Commissioner of the West, John Rutherford, John Craig, Alexander Arbuthnet, Robert Montgomerie, John Ure, William Clerk, to conveen at two hours afternoon, read, consider and give answers to the saids complaints and questions; and what they shall happen to find worthy to be registered, to report the same for that effect.

Mrs Andrew Hay, John Row and Mr David Lindsay were continued Commissioners of Cliddisdaill, Galloway and Kyle till the nixt Assembly.

The same day Mr John Winrame Superintendent of Fife, of his own free will and for certain causes moving him, purlie and simpliciter dimitted the office of Superintendentrie which he had within the Diocese of Sanct Andrews in the Assemblies hands, requesting them most earnestly to provide for another in his room, for the comfort of the Kirk, and visiting the Ministers within the foresaids bounds. C.]

Anent the complaint givin in be Mr Johne Rutherfuird, Provest of St Salvators Colledge, against Mr John Wynrhame, Superintendent of Fyfe, for the wrangous disponing of the Vicarage of the commoun kirk of Kilmanie pertaining to the said Provest and his Collegues brether of the said Colledge; as also for obtaining of the gift and giving of ane altarage in the same Colledge situat at St Johns altar, the gift quhairof the said Mr Johne as Provest alledgit to have pertainit to him be vertue of foundation of the same, &c. as at lenth in the said complaint was conteinit, Requeistand the Kirk presentlie conveinit to take sick ordour in the premisses as godliness and equitie requireth, in sick sort that the Colledge and brethren forsaids be not put to surfett and expensses in seiking remedy befor vther Judges. The Kirk having consideratioun of thair complaint, thought meitt to have inspecture of the foundatioun of the Colledge, and quhat the same conteinit anent the presentatioun and collatioun of the said Viccarage of Kilmanie; and, for that purpose, gave commissioun to thair brethren, Mrs Johne Row, Gilbert Gardein, William Christesone, Andro Hay and David Lindesay, to pass to St Salvators Colledge, considder and sie the foundatioun thairof, and quhat they find concerning the said Viccarage of Kilmanie, and to quhom the presentatioun and collatioun thairof pertaineth; and quhat they happin to find, to report the same againe to the nixt Assemmblie.

The saids brethren returneand reported quhat they had found in the said foundation; the tenour quherof followes in thir wordes.

Vicarie de Kilmanie electio et presentatio ordinaria facienda ad Dominum Prepositum, et ceteros de dicto Collegio graduatos debent pertinere. Qui quidem Vicarius omnia onera ordinaria subire tenetur. In fundatione Collegii Sancti Salvatoris, ita invenimus ad verba scriptum. Testantibus nostris chirographis subscriptis, et ex commissione ecclefie ad id muneris destinatis, 7 mensis Martii 1571. Gulielmus Christesone, Andreas Hay, David Lindesay, Joanes Row, Gilbertus Gardein.

In respect of the premisses, the Kirk ordainit to wryte ane letter to the [Lords Senators of the] Colledge of Justice, testifieing quhat they had found in the said foundatioun, anent the presentatioun and collatioun of the forsaid Viccarage of Kilmanie.

Sessio 4^a.

[Anent the supplication presented to the Generall Assembly be Mr Patrick Adamson, bearing in effect, That where my Lord Regents Grace of good memory had granted him a pension of five hundreth merks yearly, to be lifted up of the personage of Glasgow at two terms in the year, Martimess and Whitsunday, requested the Assembly to ratify, confirm and approve the said pension, and to desire the Procurators of the Kirk to assist him in this his cause, because, for his own part, he was willing to endeavour himself to the uttermost of his power to the service of the Ministry, according as it should please the Kirk to call him; and nixt, if it should happen him to obtain the said pension in the said Personage, he would not only be at the Kirks command to employ his labours, but also would be content the said pension be at their pleasure, as any thing pertaining to the Kirk. The Assembly, in respect of the said Mr Patrick his reasonable sute and offer, most humbly requested my Lords Senators of the Colledge of Justice to minister justice in the said action of pension as their Lordships may Godly, that the said Mr Patrick may the more heastily enter in the function of the Ministry: And, in like manner, earnestly desireth the Advocats for the Kirk actions to assist the said Mr Patrick in the said action, and to doe their diligence for obtaining the end thereof, as if the samen pertained to the generall Kirk; and when the said pension shall be obtained with the execution thereof, the Assembly promised to ratify the same; alwise providing the said Mr Patrick travell in the Ministry as he shall be appointed in the Kirk; whereunto the said Mr Patrick agreed, and in sign thereof subscribed the said supplication.

Anent the question, Whither if Superintendents and Commissioners to plant kirks where benefices vaike within their Jurisdiction, which is at the Kirks gift, pleno jure, shall give the samine to any other then to such as serve for the time in the Ministry where they vaike, and that be advice of a certain number of Ministers nixt adjacent, to the effect that others get not the same. Answer. Referrs this to the discretion of Superintendents and Commissioners of Countries where the benefice lyeth, Requesting them to have consideration of these that travell in the kirks, and that they be preferred to others, cæteris paribus.

Anent the question, Whither the Person or Vicar ought and should furnish bread and wine to the Communion: After long reasoning, C.] It is concludit, that the Person sould furnisch bread and wine to the Communioun, unlesse the Vicarage exceid the sowme of xl lb.; and in that cace the Vicar to furnisch the same in tyme comeing.

[Anent the letter presented be some brethren to the University of Sanct Andrews, putting in rembrance how Mr John Douglas, Rector of the University, Provest of the new Colledge, when he was erected Bishop, promised to dimitt all the offices which might impede him to execute the office of a Bishop, and in speciall the said Rectorie and Provestrie, the Assembly was required to take order herein, that a Rector and Provest might be provided, &c. The Assembly for certain causes moving them continued the said Bishop in his office till the nixt Assembly; providing alwise he be diligent in visitation of his Kirk; and in the mean time a qualified man be provided for the said Provestrie according to the foundation of the said Colledge. C.]

The Kirk ordaines the Superintendent os Fyfe to vse his awin Jurisdictioun as of befoir in the provinces not ȝet subiect to the Archbischoprick of Sanct Androes; and als requeists him to concurre with the said Archbischop, quhen he requyres him in his visitatioun, or vtherwayes within his bounds, quhill the nixt Generall Assemblie; and the Superintendent to have the stipend as of befoir: and in lyke manner the Superintendents of Angus and Lowthiane [to continue in their Jurisdiction in manner foresaid] without prejudice of the said Archbischop, except be vertue of his commissioun.