Acts and Proceedings: 1578, June

A. D. M.D.LXXVIII.

The Generall Assemblie conveinit at Striveling and begun the xj day of Junij 1578: Where ther was present the Commissioners of Countreyes, Commissioners from Synodall Assemblies, Townes, and Vniversities.

Sessio 1^a.

In respect of the raritie of the Assemblie, [because the indiction therof at the last Assembly depended upon the tyme of holding the Parliament, which was prorogued, and transferred, and the time was so short, that the whole countrie could not be advertised,] the brethren that were conveinit, thoght best to meitt at two houres afternoone, and to sitt quhill fyve houres at noone.

Sessio 2^a.

Exhortation beeand made be Mr Andro Melvill, Moderatour of the last Assemblie, befor farther proceiding, question beand proponit, If this Assemblie be ane continuation of the last Assemblie, or ane new Assemblie: It was reasonit and concludit to be ane new Generall Assemblie. For election of ane Moderatour, Mrs Johne Row, David Fergusone and Johne Duncansone was proponit in leits, and be pluralitie of votes Mr Johne Row, [Minister at Perth,] was chosen Moderatour.

[That matters might be advisedly proponed and more conveniently handled, the Assembly] directit Mrs Robert Pont, James Lowsone, Andro Melvill, Johne Craig and Andro Hay to give thair counsell and communicat with the Moderatour in sick matters as salbe thought best to be resolvit at this Conventioun. C.]

Forsameilke as it hes pleased the goodnes of God to indue the Kings Majestie with zeale of his true religion, it was thoght very meit, That the Laird of Lundie, Mrs Johne Craig, James Lowsone, Robert Pont and Johne Row should be directit to his Grace to crave that some were directit be his Grace to assist this Assemblie the morne, at aught houres in the morning, and to report his Hienes ansuer.

Sessio 3^a.

Anent the Act made in the last Assemblie, the 28 of Aprile 1578, concerning the electioun of Bishops, suspendit quhill this present Assemblie, and the farther ordour reservit thereto: The General Assemblie, all in ane voyce, hes concludit, That the said act salbe extendit for all tymes to come, ay and quhill the corruptioun of the Estate of Bishops be alluterlie tane away; and that all Bischops already electit, be requyrit particularlie to submitt themselves to the Generall Assembly [of the Kirk] concernin the reformation of the corruption of that Estate of Bishops [in thair persones;] quhilk if they refuse, after admonitouns, excommunication to proceid against them: quhilk submission the Bishop of Dumblane willinglie offerit to the Assemblie.

Anent the Act made in the last Assemblie, the 28 day of Apryle 1578, concerning the collation of benefices to vther persons nor the Ministers of the kirks quherof the benefices vaikes, and the farther ordour to be tane in this Assemblie: The Kirk [and Commissioners] present hes farther [resolved and] concludit, That neither Bischops, Visitors, nor vthers bearing commission of the Kirk, give collatioun of benefices, by and agains the tenour of the said act, vnder the paine therin conteinit, quhill the next Generall Assemblie of the Kirk; at the quhilk tyme this matter salbe proponed againe, that farder ordour may be tane therin

Anent the penaltie of Bischops, Ministers, and vthers bearand functioun in the Ministrie, that setts fewes and taks of thair benefices or ecclesiastick livings, or any part therof, or Ministers in Chapters that gives thair consent therto, without the consent of the Generall Assemblie of the Kirk, agains the tenor of the acts made in Assemblie befor: The Kirk and Assemblie present hes [voted and] concludit, That the saids persons quhilk fall happin to contraveine the said act, salbe depryvit from thair offices and functioun in tyme comeing: [And because no less (injurie) and hurt is done to the Kirk be such as have no function in the Kirk, and yet possess kirk livings; the brethren have willed Mr Robert Pont, Mr David Lindsay, Mr John Craig, the Laird of Lundie and Mr Andrew Hay, to conveen afternoon, and forme the ordour and act that fall be meet to be divised against such persons. C.]

Forsameikle as in the last Assemblie, commissioun was given to certaine brether to present to the Kings Hienes and Counsell the heids of the Policie of the Kirk, with a supplicatioun vnto his Grace, the Kirk desyrit the report of thair brethers proceiding; quho exponit and shew, that, according to thair commissioun, they exhibit to the Kings Majestie a copie of the heids of the Policie, with the supplicatioun vnto his Grace, quho gave a very comfortable and good ansuer, That not only wald he concurre with the Kirk in all things that might advance the true religioun presentlie professit within this realme, bot also wald be a procurator for the Kirk: And therafter his Grace presentit to the Counsell the said supplicatioun, quho nominat persons to conferre in the matter, and be his Majesties procurement obtainit of the Counsell, that they might choose so many Ministers to conferre, as was at length aggriet on: quhilk conference is ready to be shawin.

Sessio 4^a.

The report of the Conference had be the Commissioners appointit be the Kings Majestie and Counsell beand exhibite to the present Assemblie, it was thocht meitt to be red ovir.

As to the supplicatioun devysit in the beginning of the Conference, tuitching these that fall vote in Parliament in name of the Kirk: The Assemblie thoght the advyce good, and ordainit Mrs John Row and Robert Pont to pen the same, and to present it to the Assemblie on Monday.

Concerning the remnant observatiouns, ordourlie the Kirk proceidit as followes:

Cap. 1.

The aughteine article therof quhilk in Conference was desyrit to be made plaine, the Assemblie thinks it sensible enough.

Cap. 2.

The thrid article agreeit conforme to the Conference.

Cap. 3.

The 7 article to be farther considerit; the 10 article thoght plaine in the selfe; as to the 12 article, Agreit it be frameit conforme to the Conference. Twitching the advyce craveit, What paines salbe put to non residents: The Kirk thought meit, That civil law be craveit, decernand the benefices to vaike through non residence.

Cap. 4.

The 9 article agreeit conforme to the Conference; and the penaltie of persons excommunicat, desyreit to be horning or captioun be special act of Parliament, to be execute be the Thesaurer, Justice Clerk, or vthers, that the Kings Majestie and his Counsell please to appoint.

Cap. 5.

Aggreit with the two supplicatiouns desyrit.

Cap. 6.

The perpetuitie of the persons of the Elders aggriet conforme &c.

[Anent order to be tane for visitation of Colledges, Schooles, and Hospitals; and the said articles, with others articles to be given in be the brethren, to be seen and corrected be David Fergusone, Mr Andrew Hay, and the Commissioners of Kyle, Carict, and Cuningham.

Commissioners of Countries were appointed in this Assembly, as followeth:—

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patrimonie of the Kirk to the hurt and diminutioun of the rentalls therof, and to the prejudice of the old possessors of the same; certifieng them and every ane of them that dois in the contrair, that the censures of the Kirk and excommunication sould proceid against them; and this act to be extendit to all Chapiters of every sort and condition that is visit presentlie in this realme; and sicklyke against them that are receivers, directlie or indirectlie, of the saids fews, taks, or vthers dispositiouns quhatsumevir; and the contraveiners to be accusit befor the Generall or Synodall Assemblies, or thair Commissioners appointit be ather of them to that effect, and intimatioun to be made heirof be all Commissioners and Ministers in every paroch kirk; and that in respect of the great inconvenients knowin to the Kirk, agains the Kirk, schooles, and the multitude of the poore quhilk daylie increases and dies miserablie through the occasioun forsaid.

The nixt Assemblie to be in Edinburgh the 24 of October nixt to come; and if ther be ane Parliament betuixt and the said day, the Assemblie to be quher the Parliament beis, twa dayes befor the same.