Church of Scotland. General Assembly.

Acts and proceedings of the General assemblies of the Kirk of Scotland, from the year M.D. LX. : collected from the most authentic manuscripts online

. (page 19 of 48)
Online LibraryChurch of Scotland. General AssemblyActs and proceedings of the General assemblies of the Kirk of Scotland, from the year M.D. LX. : collected from the most authentic manuscripts → online text (page 19 of 48)
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and Fyfe, wald make no offer.

Upon confideration quherof, the brethren defyrit his Majeftie that ane
law might be made anent the augmentatioun of the duetie of the tackis for
fuftentatioun of the Miniftrie : To the quhilk his Majeftie offerit willingly

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to deale with the takfrnen in fuch fort, that they fould be ^orcit to augment
the duetie of thair tackis to a realbnable and competent living for ane
Minifter at every kirk, vpon conditioun they had fome reafonable eafe of
thair teinds. And for eflFe6luating therof, the Aflemblie ordaines every
Minifler to give in a particular overture in wryte to the Commiflioners
qubilk falbe appointit be the Generall Aflemblie, [and information,]
quhat is the juft valour of the teinds of his paroch ; to quhom they are
fett ; for quhat duetie ; to quhom the duetie is payit ; and quhat better
every ane can give for planting his awin kirk ; to the eflFefil his Majeftie,
with advyce of the faid Commiflioners, may take ane folid ordour anent
the fufficient planting of every particular kirk betuixt and the nixt Gene-
rall Aflemblie.

Seflio 7** Eodem die.

The brethren appointit to try the proceidings of the Commiflioners of
the lad Aflemblie, and the greives givin in againft the fame, with the Com-
miflioners anfuers therto, declairit, that they had confidderit the haill grieves
givin in be the Synodall of Lauthiane, and the Commiflioners anluers
made to the fame ; and that they thocht it expedient, fo that it were the
will of the Aflemblie, that the faids greives and anfuers Ibuld be buried :
Notheles, the Aflemblie, for fatiffa£lioun of the haill brether, thocht good,
that the faidis greives and anfuers fould be red in audience of the haill AC-
femblie ; quhilk being done, after voteing, it was concludit, that the pro-
cefs and proceidings of the faids Commiflioners fould be ratified in that
pairt ; and the faids greives and anfuers buried and obliterat, for continu-
ance of peace and quyetnes in the Kirk.

Seflio 8*- 1 1 Martij.

The brethren, after revifeing of the haill proceidings of the Commiflion-
ers of the lafl; Aflemblie, ratifies, alio wis, and approves [the fame ;] and
ordaines the haill greives givin in, and anfuers made therto, to be buried
and put out of memorie.

For better executioun of thair proceidings, the General Aflemblie or-

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942 THE BOOKE OF THE 1597-

daines Mrs Robert RoUock, David Lindfay, Robert Pont, Patrick Gallo-
way, Johns Duncanfone, James Nicolfone, Thomas Buchannan, George
Glaidftanes, or any fyve of them, to conveine with his Majeilie, to put the
decreit of the faids CommiOioners, anent the planting of Edenburgh, to
farther executioun, and place the Minifters of Edinburgh at thair particu-
lar flocks ; ordaining lykewayes the Minifters of Edenburgh to obey the
faid decreit be accepting every one of them thair particular flocks, vnder
the paine of deprivatioun from thair Miniftrie ; and in cace of diflbbedience
on thair parts, and none acceptatioun of thair particular flockis, as laid is,
that the (aids CommiflSoners depryve them from thair fun6tion [of the
Miniftrie:] And therafter ordaincs the faids CommilHoners to plant the
Kirk of Edenburgh with fuch of the wyfeft and moft difcreit of the breth-
ren as they fall think moft meit, to the glorie of God and edificatioun of the
particular flockis within the towne of Edenburgh ; and in the meane tyme,
quhill the faids Commiffioners conveine for performing of the premifles,
the brethren ordaines the Minifters of Edenburgh to continue in the
preaching of the Word and miniftration of the facraments.

Seflio lO- 13 Martij.

Becaufe fundrie of the brethren defyrit to be fatiffied of his Majefties
mynd be his awin mouth toward certaine of the Miniftrie, and in fpeciall
toward the Miniftrie of Edinburgh, anent quhatfoevir thra warts or accidents
that hes fallen' out thir two geirs bygane ; his Majeftie, for making his
mynd more cleirlie to be vnderftood be the haill brethren, declarit himfelfe
to be content and fatiffied with the Miniftrie of Edinburgh ; and that his
Hienes did beare no grudge nor evill will to any of them for any accidents
quhilk hes fallin out in any tyme bygane, and that the fame fould never be
remembrit be his Majeftie in any tyme comeing ; hot that his Hienes and
they, (to the quhilk the Miniftrie of Edinburgh willinglie aggreit,) fould
never call any of thefe accidents fallin out in any tyme bygane to remem-
brance, neither make mentioun of the fame in privat fpeiches or publick
fermons, in any tyme heirafter.

The quhilk day, in prefence gf the haill AflTemblie, the Kings Majeftie
having declarit his advyce anent the neceflitie of Commiflioners, to be ap-
pointed be the Generall AlTemblie, to awaite and concurre with his

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Majellie for bringing to ane finall end, the longfome worke of the conftant
Piatt for the planting of Mtnifters at the principall burghes within this
realme, in cace any of thir places fall happin to vaike betuixt and the nixt
Generall AflTemblie ; for awaiting on the Parliament, if any falbe, and
craveing the redrefle of iick things quherwith the Minifters fall find them-
felves greivit ; and finallie, for redrelfing of tick enormities, and awaiting
vpon fuch good occatiouns, as may fall out before the nixt Generall Af-
femblie ; defyreing, therfor, that the brethren wald confidder the neceffitie
forfaid, and according to their difcretioun, whither if it were expedient,
that ane commiflioun fould be grantit to ccrtaine of the mod wife and dif-
creit of the brethren for the caufes forfaids : The quhilk his Majellies ad-
vyce the Affemblie thinks very necelTar and expedient, and therfor hes
givin and grantit, and, be the tenour heirof, gives and grants, thair full
power and commiflioun to Mrs Peter Blackburne, James Nicolibne, Andro
Mylne, Alexander Dowglas, Johne Ramfay, Thomas Buchannan, David
Fergufone, William Cranftoun, George Glaidftaines, Alexander Lindfay,
Harie Livingftoun, Robert Pont, David Lindfay, Robert RoUock, John
Hall, Johne Clappertoun, Johne Knox, Gavin Hamiltoun, Andro Knox,
his Majellies and the Princes Minifters, or any nyne of them, to conveine
with his Majeftie, at fuch tyme and place as falbe found expedient ; with
power to them, or any nyne of them, to concurre with his Majeftie, anent
the fetting downe and concluding of the folid grounds and fundament of
the conftant Piatt, and quhat fecuritie falbe made to the taxmen for the
remnant of thair teinds : Quhilks grounds being fett downe be them, they
fall make every Preft)ytrie within this realme privie to the fame ; and in
cace the faids Prefl)ytries, be thair Commifiioners or be themfelves, after
vifitutioun of the faids grounds and conclufiouns, ratifie and approve the
fame, with power to the faids Commifiioners, or any nyne of them, to con-
veine therafter with his Majeftie and [Lords of] the Privie Counfell, hav-
ing the power of the Parliament to that effe6l, and there to put ane finall
end and conclufioun to the conftant Piatt, and folid planting of every par-
ticular kirk within this realme ; with power alfo to the faids Commiltion-
ers, or any nyne of them, to plant fufficient Minifters in the principall
burghes within this realme, in cace the Miniftrie therof (all happin to vaike
betuixt and the nixt Generall Affen\blie, and in fpeciall to take care anent
the provitioun of Minifters to his Majefties and the Princes houfes, the
kirks of Newabbay, and Dumfreis ; with power alfo to the faids Commil-

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944 THE BOOKE OF THE 1597-

fioners, or any nyne of them, to awaite vpon the Parliament, if any falbe
befor the nixt AiTemblie, and give in the greives of the lamein, defyrand
them to be redrefl ; and to give tfaair advyce to his Majeftie, for avoyding
or efchewing of any danger or inconvenient quhilk may be licklie to fall
out in prejudice of the Kirk : And lykewayes, in cace his Majeflie find
himfelfe greivit, or crave redreife of any enormitie done to bis Hienes be
any of the Miniftrie, with power to them, or any nyne of them, to fitt and
cognofce vpon the fame, quherin, for thair better informatioun of the cryme
or fa6t quhilk fall happin to be committit, they fall crave the advyce of the
moll difcreit of the Prefbytrie quher the offender dwells, as they fall think
expedient, and therafter proceid in taking tryall of the fa6t be themfelves
and conclude therin, as falbe moll expedient to the glorie of God, and
peace and quyetnes of the Kirk within this realme : And, finallie, with
expreffe power and command to the faidis Comraiflioners, to propone to his
Majeflie at thair conventiouns, the petitiduns and greives, afweill of this
Aifemblie in generall, as of every member therof in particular, as falbe
meinit vnto them, promittend de rato, &c.

Anent the forfaid commilliouu grantit for redrefle of fuch things as fall
happin his Majeflie to be offendit with in the perfon of any of the Minif-
trie : His Majeflie declarit in prefence of the haill Aifemblie, that albeit
the haill power of cognofceing of fuch perfons, be devolvit in the perfons
of the Commiilioners, quho fould concurre with his Majeflie to that effect ;
nevirtheles, his Majeflie mynds no wayes to trouble the Commiflioners
with any fuch matters, vnlelfe firft it be knowin notoriouflie, that the
Prefl)ytrie, quher the offender maks refidence, both hes gottin knowledge
of the fa6t, and either hes altogether negle6tit the tryall therof, or els
not fatiffied bis Majeflie with the punifliment imponit to the offenders be

Seflio 1 !*• Eodem die.

Forfameikle as the Commiflioners of the Generall Aifemblie, at the Par-
liament haldin in December laft bypafl, vpon ane earneft zeale quhilk they
did alwayes beare to the weill of the Kirk, had givin in certaine articles to
the Lords of Parliament, concerning thelibertie of the Kirk, and in fpeciall
had craveit that the Miniflrie, as reprefenting the true Kirk of God within

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this realine, and fo being the third Eftate in this realme, might have vote
in Parliament according to the loveable a6ls and conflitutiouns of before
made in Parliament, in favours of the friedome and libertie of the holie
Kirk ; quhilks thair travells and indevores^ proceiding alwayes vpon ane
godly intentioun, tfaej fubmittit to the cenfures of this prefent AiTemblie,
defjreing the brethren to allow or diflallow the fame, as they fould think
moft expedient for the glorie of God and the eftablifching of the true reli-
gioun within this realme : Quhervpon the brethren being ryplie advyfit,
allowit the honeft and godlie intentioun of the Commiffioners in craveing
vote in Parliament [for the Miniftriei] as conforme and aggrieing to fundrie
vther a^s of the Aflemblies preceiding, in the quhilk it hes bein found
expedient that the Kirk fould [fute] vote in Parliament.

Forfameikle as his Majeftie is willing to vtter his good intentioun that
he hes alwayes borne to the eftablifching of the true Kirk of God within
this realme, declairit, that for the better performance thereof, his Hienes
had affifted the Commilfioners of the laft Aflemblie in craveing vote in
Parliament in name of the Kirk ; quhilk thair fute, albeit it was in fome
pairt, and [as it were] in a certaine manner, grantit be the Lords of Par-
liament ', get the acceptatioun therof, the forme, and haill circumftances
of the perfons, were referritt to this Generall Aflemblie, to be acceptit or
refiiifit as the Kirk fould think expedient. And feing his Majeftie had an-
ticipat the appointit tyme of the Aflemblie, and defyred the brethren to
conveine at this prefent time, efpecially for the caufe forfaid ; therfor his
Majeftie defyrit that the brethren wald enter in a particular confideratioun
of the haill points of the faid a6t in every particular point thereof; and
firft to reafon, in publick audience of the haill Aflemblie, whither it were
lawful! and expedient, that the Miniftrie, [as] reprefentiug vndoubtedlie
the Kirk within this realme, fould have vote in Parliament, or not.

The faid queftioun being at verie great lenth reafonit and debaittit in
vtramque partem, in prefence of the haill brethren, and therafter vottit,
the Generall Aflemblie votis, [finds,] and concludis, that it is neceflar and
expedient for the weill of the Kirk, that the Miniftrie, as the thrid Eflate
of this realme, in name of the Kirk, have vote in Parliament.


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946 THE BOOKE OF THE 1597-

Sellio 12«- 14 Martij.

Concerning the number of the Miniftrie that fould hare vote in Parlia-
ment in name of the Kirk, it was lykewayes concludit and thocht expedi-
ent, that als many of them fould be chofin for the vote [in Parliament] as
was wont of auld, in tyme of the Papifticall Kirk, to be Bifchops, Abbots,
and Pryours, that had the lyke libertie, viz. to the number of fiftie and ane»
or therby.

Item, After reafoning, it was vottit and concludit, that the ele6lioun of
fick of the Miniftrie as fould have vote in Parliament, aucht to be of ane
mixt qualitie, and appertaine partlie to his Majeftie, and partlie to the
Kirk. And becaufe, through fliortnefs of tyme, the brethren could not be
perfytelie refolvit in the remanent heids and circumftances concerning the
office of him that fould have vote in Parliament, viz. de modo eligendi ; of
his rent; of the continuance of his office, whither he fould be chofin ad
poenam, or not ; of his name ; of the cautions for prefervatioun of him
from corruptiouns, and fick vther circumftances : Therfor the AfTemblie
ordaines every Prelbytrie to be rypelie and throughlie advyfit with the par-
ticular heids above wrytin ; and therafter to convocat thair Synodall Af-
femblies through the haill countrey vpone ane day, quhilk falbe the firft
Tuefday of Junij nixt to come, and ther, after new reafoning and advyfe-
ment of the particular heids above wrytin, that every Synodall choofe out
thrie of the wyfeft of thair number, quho falbe readie vpon his Majefties ad-
vertifement, quhilk falbe vpon ane moneths warning at the leaft;, to conveine
with his Majeftie, together with Do6tours of the Vniverfitie, viz. Mrs
Andro Melvill, Johne Johnftoun, Robert Rollock, Patrick Sharpe, Robert
Howie, Robert Wilkie, and James Mertin, fick day and place as his Majeftie
fall think expedient, with power to them to treat, reafon and conferre vpon
the faids heids, and vthers pertaining thereto ; and in cace of aggriement
and vniformitie of opiniouns, to vote and conclude the haill queftioun con-
cerning vote in Parliament : vtherwayes, in cace of difcrepance and vari-
ance, to referre the conclufioun therof to the nixt Generall Aftemblie.

For better obferving of the Prefl)ytries, It is flatute or ordainit, that
every Prefl)ytrie fall afTemble themfelves once ordourly, ilk weike in thair
full number, at the leaft fo many of them as hes thair refidence within aucht
myles to the place of the ordinar conventioun of the Prefl3ytrie.

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That every member of the Prefbytrie ftudie the text quhervpon the exer-
cife is to be made.

That a commoun held of religioun be intreattit every moneth in ilk Pref-
bytrie, both be way of difcourfe and difputation.

That every Paftour have ane ouklie exercife of inftru6lioun and exaroi-
natioun of ane part of his congregatioun in the Catechifme.

Quhilks haill heids are ordainit to be obfervit vnder the paine of incur-
ring the cenfures of the Kirk.

Seflio ultima. £odem die.

Anent the Proteftatioun given in be Mr John Davidfone, for himfelfe
and in name of certaine brethren, as he alledgit, protefting, that this prefent
Affemblie was not ane frie AlTemblie ; quhilk his Proteftatioun he defyrit
to be infert in the bookes of the Aifemblie.

It being inquirit be the Moderatour, if any man wald adhere to the (aid
Proteftatioun : There was none found that wald adhere to the fame, nor
was of the faid Mr John his opinioun thereanent ; and therfore the brethren
difchargeit the Clerk to infert the fame in the books of the Afl*emblie.

The brethren having red and confident the paines and travells takin be
Mr Patrick Sharp, Principall of the CoUedge of Glafgow, and his Leflbuns
vpon the Catechifme and grounds of religioun, allowis of the fame, and thinks
them very neceflar and profitable ; and therfor ordaines them to be printit.

Becaule the queftioun anent fummar excommunicatioun, for lake of tyme,
cannot be commodioufly intreatit'at this prelent, therefor the brethren con-
tinewis the fame quhill the next AQTemblie : in the meane tyme fulpends all
fummar excommunicatioun.

Becaufe ther hes bein no ordour fett downe hitherto anent the number
of Commiflioners [to be] dire6l from every Preft)itrie to be fent to the
Generall Affemblie, Therfor it is ftatute and ordanit, that, in all tyme
comeing, thrie of the wyfeft and the graveft of the brethren falbe diredt from
every Preftjytrie at the moft, as Commiflioners to every Aflemblie ; and
that none prefume to come but commiflioun, except they have a fpeciall
complaint ; and that the Clerk of the Affemblie take heid to receive no
more in commiflioun hot thrie allanerlie, as (aid is ; and lykewayes that ane
be direft from every Preft)ytrie in name of Barrones, and ane out of every

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948 THE BOOKE OF THE 1597-

burgh except Edinburgh, quhilk fall hare power to dire6i two Coinmi£>
fioners to the Generall Affemblie.

Anent the fupplicatioun givin in be the Towne of Dundie, craveing ane
vther Minifier to be appointit to them in place of William Chryftefone,
quho through age is not able to difcharge his calling : The brethren thocht
their defjre reafonabill ; and having appointit on the leits Mrs Johne Hall,
Minifter at Leith, and Robert Howie, Principall of the New Colledge of
Aberdein, be pluralitie of vottis, Mr Robert Howie was chofin to be Min-
ifier at Dundie, and ordainit to be tranfportit with all poflible diligence.

Becaufe it was reportit that the Miniftrie of Orknaj had dilapidat thair
benefices be fetting of tackis of the rent of the fame, to the great hurt and
prejudice of the kirks, Therfor it is fiatute and ordainit, that none of the
Minifiers of Orknaj or ^^tland fett any tacks of any part of the fruites of
thair benefices, nor get give thair confent to the tackis that falbe fett be
vthers, in any tyme comeing, ynder the paine of deprivatioun.

Becaufe it was reportit be certaine of the brethren, that notwithflanding
of the a6li8 of the Aifemblies proceiding againft faillors and traffiquers with
Spaine, the faid traffique was not intermittit, Therfor the Aflemblie or-
daines the a£ts made anent the faids trafiSickers to be put to farther execu-
tioun in all points, but any refpe^t of perfons.

The AlTemblie hes ordainit the Prefi>itries of Dundie and Arbroth to
fummond befor them the CountefiGis of Huntlie, Sutherland, and Cathnes, to
fubfcryye the Confeflioun of Faith, ynder the paine of excommunicatiotin ;
quhilk fummounds falbe execute be Mr William Paip, quho fall fummound
the Ladie Cathnes ; Alexander Dowglas, the Ladie Huntlie ; and George
Monro, the Ladie Sutherland.

The brethren ordaines the nixt Generall Afl!emblie to be haldin at
Aberdein, the firft Tuefday of July 1599 geirs.

[By the Kings Proclamations the next General AJTembly was appointed
to be holden at Montrofle in March. C]

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The Generall Affemblie of the Kirk of Scotland haldin at Montrois,
the 18 of Marche 1600 geirs : Quher the Kings Maieflie being
perfonallie prelent, were conveinit the Commiffioners of Schyres.

Seffio l'^

Exhortatioun being made be Mr Peter Blackburne, Moderatour of the
laft Affemblie, Mrs Robert Bruce, Patrick Galloway, Robert Wilkie,
Patrick Sharp, James Melvill, and Patrick Simfone, were appointit on the
leits : Be pluralitie of votis Mr Robert Wilkie was ele£lit Moderatour
hac vice.

Seffio 2^ Eodem die.

The Commiffioners appointit in the laft Generall Affemblie for vifita-
tioun of the kirks within every Prefbitrie, as are particularlie divydit in
the faid Commiffioun, being requyrit quhat diligence they had done in dif-
charge of the faid commiffioun : It was anfuerit for the moft part of them,
that they were not able to difcharge any part of the faid commiffioun, in
refpe6t they wantit moyen to make thair expenffis during the tyme of the
vifitatioun : and therfor the Affemblie thocht good that it fould be meanit
to his Maieftie, that through inlake of expencis the worke of vifitatioun

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950 THE BOOKE OF THE 1600.

was lyke to ceafe, and to crave that fome remeid may be provydit

Forfameikle as it was regratit, that the a£t made in the laft AfTemblie,
anent the ordinar keiging of Prefbytries, and the reforting therto, was not
regardit be fundrie of the Miniftrie, and fpeciallie be them of the Prefbi-
tries of Air and Irwing : Therfor the Generall Aflemblie ordaines the
faid BL& to be put to executioun in all points, throughout all the Prefbitries
within this realroe ; and quhofoevir contemnes and violats the famein, after
twyfe admonitioun, that he be fufpendit from his miniftrie : ordaining the
vifitors, that falbe appointit fra this Aifemblie, to report to the nixt Af-
lemblie quhat diligence they find done, tuiching the keiping of the faid a6l.

Seffio 3^ 19 Martij.

Anent the fupplicatioun givin in be the Synodall of Galloway, making
inentioun, that quher they had ane a6t for the erecting and bigging of ane
kirk at the burgh of Stranrawer, within the Prelbitrie of Wigtoun, and an-
nexatioun therto of the 20 pound land of the parochine of the Inche, lyand
towards the coaft of Ireland, pertaining to the Lairds of Garthland, Stran-
rawer, Kinhilt, and Sorbie, with the Q9 mark land of the parochin of Sal-
lett, the fyve mark land of Auchterlure, and fyve mark land of Stranrawer,
as being moft commodious for the inhabitants of the faid lands, for refort-
ing to the faid kirk for heiring of the Word ; vnto the quhilk eredlioun
and annexatioun forfaid, the heritours and kyndlie tennents of the faids
lands, hes alreadie givin thair confent : defyreand, therfor, the Generall
Aflemblie will ratifie and approve the fame, as at mair lenth is conteinit in
thair fupplicatioun. The Generall Aflemblie [ratifies and] approves the
ere6ling [and annexatione] forfaid, of the faid Synodall of Galloway in all

Becaufe the generall quefiioun was proponit to the haill Aflemblie,
quher congregatiouns are fo fpatious, that a great part therof may not
commodiouflie refort to thair awin paroch kirk, be reafon of the great dif-
tance of thair habitatioun therfra. If it be lawfull to ane number of the
faid congrcgatioun to big ane new kirk, and intertaine a Paflor at the fame

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vpon thair awin expenlfis : The Generall Afferablie, after lang reafoning,
thinks it both lawfull and expedient, and declares they will aflTill the famein
as a godlie wark, and will crave the famein to be ratified in Parliament^
how fo oft it fall occurre.

Becaufe it was reportit, that a great number of gentlemen, and vthers of
this realme, wilfullie and obftinatelie abftainesfrom the holie communioun ;
fome vnder collour of deadlie feids, and fome for fome vther licht caufes :
Therfor, for remeid of the faid abufe, it is ftatute and ordainit, That all
Prefbitries, within this realme, give expreffe charge and command to every
particular Miniller within thair bounds, charging them to take vp the names
of all them within thair parochines, quho hes not communicat ilk geir anes
at the leift ; and therafter fummond them [to compeir] befor the Prefbi-
trie, to heir and fie themfelves decernit to communicat within thrie monethis
nixt after the charge ; certifieand them and they failgie, the a6t of con-
ventioun made aganis non communicants falbe put to executioun aganis
them : quhilk being done, and the faids perfons, non communicants, re-
maining obfiinate, and the faidis thrie monethis expyred, that the Prefbi-
tries delate the names of the faids non communicants to the Kings Maiefiie,
to the intent the forfaid a£t of conventioun made againft non communicants
may be put to executioun aganis them : And in the parochin quher ther
is no Miniiler, that this ordour be fupplied be thQ Prelbitrie within the

Online LibraryChurch of Scotland. General AssemblyActs and proceedings of the General assemblies of the Kirk of Scotland, from the year M.D. LX. : collected from the most authentic manuscripts → online text (page 19 of 48)