The Booke of the Universall Kirk of Scotland / Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained.

by Unknown

Sessio 12^a. Eodem die.

Robert Dumbar his admissione to the ministrie without the advyce of the Presbytrie of Forres, was found null, and rescindit be the haill Assemblie.

Anent the examinatione before the communion: It is thought meet for the commone profite of the whole people, that ane uniforme order be keepit in examinatione, and that ane schort forme of examinatione be sett downe by their breither, Mrs John Craige, Robert Pont, Thomas Buchanan, and Andrew Melvill, to be presentit to the nixt Assemblie.

Sessio 13^a. Augusti 11.

Forsuameikle as it beand the commone consent of the haill breither of the Assembly, resolvit, That qwhere the presbytries are weell and orderly constitute, the yearly electione and nominatione of Commissioners over countries hitherto customablie observit in the Assemblie is not necessare nor expedient, the samen presbytries having establischit in their awne selfes ane sufficient power of their awne number to send out instructit with their commissione pro re nata to take order with such things as falls out in their bounds: Therefore it is thocht meit and universallie concludit, that the said yearly electione of Commissioners over countries qwhere presbytries are weell and sufficiently constitute, shall ceise in tyme coming, and qwhairof before, the said Commissioners bure the charge, to inroll the ministers and their stipends at the platt, receive presentationes, and give collatione thereupon, designe manses and gleibs; that the saids weill constitute presbytries, ilk ane of them, shall yearly, ay and qwhill the necessity thereof craves, elect and chuse out of their awne number, ane brother in name of the haill presbytrie, for inrolling and expeditione of their stipend at the platt; authorisit and instructit be them, with commissione subscryved be the Moderator and Clarks of the presbytrie to be schawne and producit to the modifier, and the samen Commissioners to designe manses and gleibs within the bounds of the said presbytrie, and in all things concernyng the executione of his commissione, to be comptable and subject to the censure of the judgement of the presbytrie, qwhom frae he receavit the same; and that all presentationes be direct in tymes comeing to the presbytries qwhere the benefice lyis; alwayes in admissione or deprivatione of Ministers in Buchane, Aberdeene, Garrioche, and Marre, that Aberdeen and Buchane proceed with mutuall advyce in admissione and deprivatione of ministers, and lykewayes Marr and Garrioche, with mutuall advyce of wthers; and in caice of variance the matter to be committit to the Assemblie.

Anent the supplicatione given in be James Hering, desyring the Kirk to call in William Blair, and to trauell with him to giue his consent to the marriage of Agnes Blair his daughter, and if he had not cause of refuseall, to giue command to the minister of the paroche to proclaime their bands and compleit their marriage, notwithstanding qwhatsomever ordinance made be them of before: The Assemblie haveing heard both the saids parties, Finds that the said James hes not yet satisfyit their ordinance, and therefore ordaynes him to delyuer peaceablie in the hands of the magistrates of Perth, the said Agnes to be delyverit to her father, upon conditione and securitie to be tane be the magistrates forsaids for her securitie, or failzieing of the said security, to be delyvered be the saids magistrates to her good father betwixt and the first day of September nixt to come, under the paine of excommunicatione, to be execute against him be the Presbytrie of Dundie, upon the advertisement made to them be the Presbytrie of Perth, before qwhom, after her delyverance, the saids father shall prepare his reasons of refuseall to be judgit be them; and in the meanetyme, discharges all ministers of proclamatione of the saids bands, or compleiting of the said marriage qwhill the said cause be tryit, and delyverance made, as said is.

Sessio 14^a. Eodem die.

Forsuameikle as it is considerit that the patrimonie of the Kirk hes bein waistit be such as are clad with benefices, qwhilk is the occasione of laike of provisione to the ministrie; Therefore, all presbytries are commandit to try the beneficit men within their bounds, and to examine in qwhat estate and conditione they receavit their benefice, and in qwhat condition they are in presently;—as also qwhat they now were that sett tacks and titles of their benefice, or any pairt thereof, without consent of the Generall Assemblie; and to report to their Synodall Assemblies, what they have found, and alse the said Synodall to try where any thing is neglectit be them, and report to the Generall Assembly.

Because great sclander lyes upon the Kirk throw manifold murthers, notorious adulteries and incests, and the parties being under proces, oft tymes evites the Kirk, and chyftes from place to place, qwhairthrough the proces cannot weill be brought to a finall sentence; dureing all the qwhilk tyme the sclanders continows and increasses: Queritur, quhither pairties falling into such horrible and odious crymes may summarly, upon the notorietie of the cryme, be excommunicate or not? Answerit to the said questione affirmative.