Mr John Innes was accusit for admitting Robert Dumbar to the ministry without the advyce of the Presbytrie of Forres; qwha answerit, there was no presbytrie thair the tyme of his tryall, but it was erectit before his admissione, and he did it be the advyce of the Presbytrie of Elgine, qwherein he confest he did raschlie. The Kirk ordayns the said Robert to be tryit de novo, and to be heard be the brether of Edinburgh, and presbytrie thereof, so many as shall be present, with so many as are here of the Presbytrie of Forress, and thereafter as the brether beis satisfyit, the Assembly informit farther to be proceeded againes the said Mr Johne.
Sessio 4a. Eodem die.
It being bruitit, that the Earl of Montrose intertained Fintrie, excommunicat, The Assembly ordaynit the Presbytrie qwhair it sauld happen him to remaine, to charge him before them, to try the bruit, and to admonische, conforme to the act of the Kirk; and in caise of disobedience, to proceid according to the mynde thereof.
Sessio 5a. 6 Augusti.
My Lord Angus his excommunicatione reducit be reasone of informalitie; and because there is sufficient cause of such censure against my Lord in the said sentence, if the proces had been formally led, Therefore the Kirk hes instantly desyrit his Lordship to remove the cause; and to that effect maist diligently caire that the Sabbath be not violat be ffaires or mercats within his owne bounds—that no labouring nor carriage be wsit within the same, and that his vassalls compell not their tennents to wse carriage on the Sabbath, and likewise to travell with them, that they give some day of the week to their tennents, as to schear and lead their cornes, that they be not abstractit from the kirk on the Sabbath; Qwhaise answer was, that with all diligence he could, he sould travell to that effect, and at the rysing of the Lords, sould ryde home himself to Douglass, and hold a court, and make lawes and penaltie for restraining ane violation of the Sabbath.
My Lord Somerwell being present, alleadgit the priviledge of his infeftment for holding the mercatt of Carnwath on the Sabbath; notwithstanding he condescendit that no marcat nor ffair sould be keepit their on the Sabbath; and in caise of his failzie, the presbytrie there was commandit to proceed against him according to the act of the Kirk.
Anent the lament made be the brethrene of the manifold kynds of violatione and profanatione of the Lord’s day, be ganging of milnes, saltpannes, schearing and leading of cornes, carying of victuall to and from burrowstounes; The Assemblie, as of before, declares the same to be unlawfull, against the law of God and acts of Parliament, and ordaynes the violators thereof to be punisched conforme to the ordinance made of before—discharging the burrowstownes from the receaving of loads and carriages brought to them on the Sabbath day. Ordaynes the presbytries to travell with the gentlemen within their bounds, to grant some week day unto their tenants to that effect.
And farder, for better observatione of the Sabbath, ordaynes the haill pastores here present to give in a Roll of the names of the persons quhilks may best stopp the mercats within their bounds; to the effect his Majestie may be requestit to interpone his authority, to command the samen to them, or utherwayes to call them in caise of refuisall.