Records of the Kirk of Scotland: containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.Church of Scotland. General Assembly
History
Records of the Kirk of Scotland: containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.
Church of Scotland. General Assembly
Church of Scotland -- History -- Sources
12. Item, to desire the Presbytery, vpon Complaynts vpon anie persons
within the same, against any scandalous Minister, eyther in Doctrine or
Lyfe, eyther to judge the Complaynt, or referre the same to the tryall
and censure of the Generall Assemblie, and so to admonish and cite the
Minsters complayned vpon, to compeare before the Generall Assemblie,
for that ende.
According to which Articles, vpon Sunday, October 28, they caused reade
the sayd Libell in all the Churches of Edinburgh, notwithstanding
my Lord Commissioners command given to the Provest and Baylies to
the contrarie, except in Holie-Rood-House, where it was read the
next Sunday, as it was in other Churches of the Kingdome: proceeding
heerein, 1. Agaynst all Charitie, which doeth not behaue it selfe
vnseemlie, nor delighteth in the discoverie of mens nakednesse, nor
take vp a reproach, nor backbite with the tongue; much lesse to write
a Booke agaynst a Brother. 2. Agaynst the order prescrybed by the
Apostle; Not to rebuke an Elder, but to intreate him as a Father: and
by the Act of Parliament, Iac. 6, Parl. 8, discharging all persons to
impugne or to procure the diminution of the authoritie & power of the
three Estates, or anie of them. 3. Agaynst all lawfull and formall
proceeding, speciallie, that prescrybed by Act of Generall Assemblie
at Pearth, Martij. 1, 1596; whereby it is ordayned, That all Summons
contayne the speciall Cause and Cryme: which the sayde Libell doeth
not: nameing onelie generall Calumnies, Reproaches, and Aspersions,
without instruction of anie particular, but leaving these to bee filled
vp by malitious delation, after they haue defamed their Brethren by
publishing this Libell: as appeareth by the 8 and 11 Articles of the
sayde Instructions. And agaynst the order prescrybed by the Assemblie
at Saynct-Andrewes, Aprill 24, 1582; whereby it is enacted, That in
processe of deprivation of Ministers, there be a libelled Precept
vpon fourtie dayes warning, beeing within the Realme; and threescore
dayes, being without the Realme, to bee directed by the Church, and
such Commissioners thereof, as elect and admit the person complained
of, summoning them to compeare, & answere vpon the Complaint. And in
case of their absence at the first Summons, the second to be directed
vpon the lyke warning, with certification: if hee faile, the Libell
shall be admitted to probation, and he shall bee holden _pro confesso_.
Which forme not beeing kept in a Summons inferring the punishment
of Deprivation, the same can not bee sustayned by the order of that
Assemblie. 4. Agaynst common Equitie, which admitteth Summons onlie by
the authoritie of that Iudge before whom the Delinquent is to compeare.
Whereby the Summons directed by the authoritie of these pretended
Presbyteries, can not sustayne, for compearance before the Generall
Assemblie, nor could reference bee made from the Presbyterie, to the
Generall Assemblie, the parties never beeing summoned to compeare
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