livings, or any part therof, or Minifters in Chapters that gives thair confent therto, without the consent of the Generall Affemblie of the Kirk, agains the tenor of the acts made in Affemblie befor: The Kirk and Affemblie prefent hes [voted and] concludit, That the faids perfons quhilk fall happin to contraveine the faid act, falbe depryvit from thair offices and functioun in tyme comeing: [And because no lefs (injurie) and hurt is done to the Kirk be fuch as have no function in the Kirk, and yet poffefs kirk livings; the brethren have willed Mr Robert Pont, Mr David Lindfay, 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 divifed against fuch perfons. C.] Forfameikle as in the last Affemblie, commiffioun was givin to certaine brether to prefent to the Kings Hienes and Counfell the heids of the Policie of the Kirk, with a fupplicatioun vnto his Grace, the Kirk defyrit the report of thair brethers proceiding; quho exponit and fhew, that, according to thair commiffioun, they exhibit to the Kings Majeftie a copie of the heids of the Policie, with the fupplicatioun vnto his Grace, quho gave a very comfortable and good anfuer, That not only wald he concurre with the Kirk in all things that might advance the true religioun prefentlie profeffit within this realme, bot alfo wald be a procurator for the Kirk: And therafter his Grace prefentit to the Counfell the faid fupplicatioun, quho nominat perfons to conferre in the matter, and be his Majefties procurement obtainit of the Counsell, that they might choose so many Minifters to conferre, as was at length aggriet on: quhilk conference is ready to be fhawin. Seffio 4a. The report of the Conference had be the Commiffioners appointit be the Kings Majeftie and Counsell beand exhibite to the prefent Affemblie, it was thocht meitt to be red ovir. As to the fupplicatioun devyfit in the beginning of the Conference, tuitching these that fall vote in Parliament in name of the Kirk: The Affemblie thoght the advyce good, and ordainit Mrs John Row and Robert Pont to pen the fame, and to prefent it to the Affemblie on Monday. Concerning the remnant obfervatiouns, ordourlie the Kirk proceidit as followes : CAP. 1. The aughteine article therof quhilk in Conference was defyrit to be made plaine, the Affemblie thinks it fenfible enough. CAP. 2. The thrid article agreeit conforme to the Conference. CAP. S. The 7 article to be farther confiderit; the 10 article thoght plaine in the felfe; as to the 12 article, Agreit it be frameit conforme to the Conference. Twitching the advyce craveit, What paines falbe put to non refidents: The Kirk thoght meit, That civil law be craveit, decernand the benefices to vaike through non refidence. CAP. 4. The 9 article agreeit conforme to the Conference; and the penaltie of perfons excommunicat, defyreit to be horning or captioun be fpecial act of Parliament, to be execute be the Thefaurer, Juftice Clerk, or vthers, that the Kings Majeftie and his Counsell please to appoint. CAP. 5. Aggreit with the two fupplicatiouns defyrit. CAP. 6. The perpetuitie of the perfons of the Elders aggriet conforme &c. [Anent order to be tane for vifitation of Colledges, Schooles, and Hofpitals; and the said articles, with other articles to be given in be the brethren, to be feen and corrected be David Fergusone, Mr Andrew Hay, and the Commiflioners of Kyle, Carict, and Cuningham. Commiffioners of Countries were appointed in this Affembly, as Mr John Craig :-The Kirk of Boyn and Buchan from North. John Strauchan, The Laird of Dun, William Chriftefon, James Anderfon, } The Laigh of Marr and Garioch, with the The High of Marr and Garioch, Angus and Mr John Row:-The bounds of Dunkeld, with the Kirks of Sanct Andrews within Strathern, except the Kirks of Dunkeld within Fife and Angus, joyning to the faid Kirks. To be vifit be the faid Mr John :-Kynmonth, Scone, Kynfawnes, Cambus-Michael, Kilfpindie, Errol, Rait. The Bishop of Dumblane :-Dumblane. Mr Patrick Adamfon :-Fife from Sanct Andrews to Levin. David Ferguson :-From Levin to Cambufkenneth, the Kirks of the Diocefs of Sanct Andrews, from Forth to Tay on both the fides of Newburgh, and therefra weft on the south fide of the Ochells, the Kirks of Sanct Andrews and Dunkeld. Mr John Spotswood:-Lothian from Stirling to the Water of Leith. Mr David Lindsay :-From the Water of Leith to Cockburnspeth. John Clapperton :-Merce and Lammer Muir. Mr Andrew Cleyhills :-Tiviotdale. John Brand :-Tweddail. Mr Andrew Hay :-Cliddifdaill, Renfrew and Lennox. The Bishop of Glasgow :-Kyle, Carict, &c. Mr Peter Watson :-Nithisdaile, Annandail. Mr John Duncanfon :-Galloway. C.] patrimonie of the Kirk to the hurt and diminutioun of the rentalls therof, and to the prejudice of the old poffeffors of the fame; certifieng them and every ane of them that dois in the contrair, that the cenfures of the Kirk and excommunication fould proceid against them; and this act to be extendit to all Chapiters of every fort and condition that is vfit presentlie in this realme; and ficklyke against them that are receivers, directlie or indirectlie, of the faids fews, taks, or vthers difpofitiouns quhatfumevir; and the contraveiners to be accufit befor the Generall or Synodall Affemblies, or thair Commiffioners appointit be ather of them to that effect, and intimatioun to be made heirof be all Commiffioners and Minifters in every paroch kirk; and that in refpect of the great inconvenients knowin to the Kirk, agains the Kirk, fchooles, and the multitude of the poore quhilk daylie increases and dies miferablie through the occafioun forfaid. The nixt Affemblie to be in Edinburgh the 24 of October nixt to come; and if ther be ane Parliament betuixt and the said day, the Affemblie to be quher the Parliament beis, twa dayes befor the fame. 3 G A. D. M.D.LXXVIII. THE General Affemblie conveinit at Edinburgh, the 24 day of Exhortation made be Mr John Row. Leits, Mrs Andro Hay, Thomas Smeitoun, David Fergufone: The faid David was chofen Moderatour be pluralitie of votes. Seffio 1. upon [For the better expedition of matters in the Affembly, it was thought meet, that the Moderator conveen with Mr James Lowfone, Mr Andro Melvill, Mr Johne Row, Mr Andro Hay, Mr Thomas Smeitoun, Mr Johne Craig, Mr Robert Pont, every day at 7 hours in the morning, and two afternoon, in Mr James Lowfon his gallery, to conferr and advise fuch things as shall be thought meet to be proponed to the Affembly. Becaus that divers noble perfonages were prefent within the toun, whofe prefence was neceffar to the Affembly; the Affembly defired their brethren, John Durie, John Brand, Andrew Kerr of Foudonfide and the Laird of Braid, to goe to their Honours and require their prefence. C. & B.] |