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

2. That the resetters of obstinat excommunicat Papists and their chief friends and acquaintance quhois house they haunt, be chargit to find cautione, under a pecuniall pain according to their abilitie and rank, that they shall no wayes resett nor intertaine the saids excommunicats.

3. That all excommunicat Papists be chargit to satisfy the Kirk within the space of thrie moneths, under the payne of hornyng, and if they failʒie, to be denuncit therto, that their escheits and lyferents, in caice of year and dayes rebellion, may be intromittit with be his Majestie’s Thesaurer, and not disponit to any donators.

4. That the Marquess of Huntlie be chargit to exhibit and present before his Majestie and Secret Councill, John Gordoune of Newtoune, Patrick Butter, and Mr Alex^r. Leslie, according to his band, that they may be committit to ward ay and whill they satisfy the Kirk.

Bonytowne, younger, alleadgit resident within the Presbytries of Ellone, Aberdeene, and Brechine, is ordaint be the Generall Assemblie to be conveint before the Presbytrie of Brechine, and there to offer his satisfaction as to his Judges ordinar.

Tarves and Methlek, kirks of the Synodall of Aberdeen, upon the 11th of November 1597, with mutuall consent of the parochiners and heritors of the lands to be interchangit and annexit with consent of the said Synodall, excambit certain lands, and annexit them in respect of the far distance from their awne paroche kirks, and contiguitie of the kirks qwherunto they are annexit, but prejudice alwayes of their rents of the personage and viccarage of the saids lands to be payed to the old persones and viccars, as before the said excambione. The Generall Assemblie, at the desyre of the said Synodall, ratifies and approves the said excambione and alteratione in all poynts, and ordains the same to take full effect.

Forsuameikle as diverse and great inconveinents aryses dayly be the untymous marriage of young and tender persones before they come to age meit for marriage, and that there is no law nor statute of the Kirk made as yet defyning the age of persones to be maried; Therefore it is statute and ordaynit, that no minister within this realme presume to joyne in matrimonie any persones in tyme comeing except the man be of fourteen yeares and the woman of twelve yeares at the leist; ordayning lykewayes the Commissioners of the Generall Assemblie to desyre this statute to be ratified in the Conventione.

Anent the questione qwhether if a man being blind may discharge all the pairts of the office of a pastor, and in speciall anent the admission of Mr John Boyll to the ministry of Jedburgh, being blind: the Assemblie refers the answer of the generall questione to the nixt Generall Assemblie. And as to the admission of the said Mr John, refers the tryall thereof to the Commissioners of the Generall Assemblie; and in the meintyme discharges the said Mr John of using any part the office of a pastor, except the preaching of the word.

Because the marriage of persones convict of adulterie is a great alurement to married persones to committ the said cryme, thinking thereby to be separat from their awne lawfull wyfes, to injoy the persones with qwham they have committed adulterie: ffor eschewing qwhereof, the Generall Assemblie thinks it expedient that ane supplicatione be giuen in to the nixt Conventione, cravand ane act to be made, dischargeing all marriages of sic persones as are convict of adulterie, and that the samen be ratified in the next Parliament, ordayning the brethren appoyntit to awayte upon the Conventione to give in this article with the rest.

Sess. 6. 20 Martii.

Forsuameikle as, in the last Assemblie, there was a Commission given to every Synodall within this realme, to elect, and choose out three of the wysest of their number, to be ready, upon his Majestie’s advysement, to convein with his Hienes, and to treat upon such heads concernyng vote in Parliament as were not condescendit upon in the last Assemblie, and, in caice of agreement, to conclude the haill matter, utherwayes to referre the samine to this present Assemblie, as at mair lenth is contained in the said Commission, conform to the qwhilk, the saids Commissioners being conveint at Falkland, the 25th of July 1598, they being rypelie advysit with the heads following, gave their advyce and conclusione as after follows:—