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.
History
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.
Church of Scotland -- History -- Sources
Anent the foresaid matter, the Assemblie, after grave reasonyng
had, if it was expedient to proceed in this cause before the Lords
of Session had giuen their decisione, thought meit that my Lord
Justice Clark sould be demandit if he acknowledged the judgement and
jurisdictione of the Kirk or not? Qwha being callit and inquyrit as
said is, answered, that he acknowledgit with reverence the judgement
of the Assemblie in all causes appertayning to them: But in this
cause, qwhilk is civill, qwhereunto the Lords are _primario Judices_,
before qwhom also it presently depends, they cannot be Judges
_primario_.
After the qwhilk answers, being removit, and the Kirk farther
advysit, calling his Lordship in againe, they pronuncit that they
fand themselves Judges _primario_ in this cause, and instantly to
proceed therein--requyring him what farther he wald alleadge or
propone for his defence in the said cause: wha took instruments
of their interloquitor, protesting for remead of law; qwhilk
protestatione, because it was made _verbo_, and contaynit many heads,
he was desyrit to give into the Clerk in write.
Sessio 12. July 15.
Anent the act of the Lords of the Chekker, proceeding upon ane
supplicatione made be the breither of the ministrie to them, daited
at Halyrudehouse the tenth day of February 1591, declareing their
meaning to be, that all ministers that hes vitiat any benefices of
cure, in haill or in pairt, be purchasing unto themselves, thair
airs, and assignays, lang tacks of the samen within the worth of the
saids benefices, be compellit be the censures of the Kirk to restore
them againe to thair awne integritie to thair ministers presently
serving the cure; and to that effect requyres the Generall and
Synodall Assemblies, Commissioners, and Presbytries of the bounds
quhar the saidis benefices lyis, to take tryall of such persones, and
to proceed against them as said is, in most strait forme, according
as such a great anormitie in ministers craves, ay and qwhill they
have redintigrat the benefices qwhilks hes been corrupt and vitiat be
them as said is, but any farther process of law to follow thairupone;
as the said act, subscrivit be my Lord Chancellor, Newbottle,
Sir Robert Melvill, Parbroth, Blantyre, Carmichaell, Linclouden,
Colluthie, and Mr Patrick Young, beirs: The Generall Assembly of
the Kirk being advyseit therwith, allows and approves the said act
and advyce of the said Chekker, and ordaynes the same to be put in
execution in every Presbytrie, according to the tenor thereof.
Sessio 16. Eodem die.
The Assembly ordaynes universallie, that the acts of discipline
conteint in the acts of Generall Assembly, be keepit, alsweill in
Angus and Mearns as in other places.
Sessio 17. July 13.
Public-domain text, read in full here on John Shaqi.
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