1. First, that provisione may be had for the visitors of the countrie.

2. That order may be taken that persones depryvit be the Kirk for not

doing their offices, may be depryvit of their benefices.

3. That his Grace will take order with such as receives benefices and

thereafter cowps them.

4. That when benefices vaiks, they may be disponit rather to sic as

hes servit at the Kirks thereof, than to uthers not so well qualified.

5. That the Acts of Parliament made against adulterers may be put to

executione, namely, against William Cochrane, notorious adulterer.

6. That his Grace would discharge playes of Robine Hoode, King of

May, and sic uthers, on the Sabbath day.

7. Because there is diverse readers not enterit in the Booke of

Assignation, pairtly by inlaike of Commissioners, and pairtly be

their negligence, that order may be provydit therefore.

The Proces persewit be the Laird of Tullyallane, against John Dykes,

minister of Culross, was sichtit be some brether, and the heid of

the bill was not found provine. The debait was finallie endit be the

travells and persuasiones of the brether appoyntit thereto.

Sessio 9.

Anent the complaint made be David Fargusone, upon Mr James M‘Gill,

Clark of Register, to the young Laird of Rossythe, that against the

acts of the Kirk they causet burye the umquhill Laird of Rossythe in

the Kirk of Dumfermling, albeit the said David made them foirseen

of the said act; The Kirk ordaynit John Durie to warne the Clark

Register to answer heirto, the first day of May next to come.

Ordayns the brethrene to wait on my Lord Regent’s Grace answer, to

make sute for Mr John Davidson’s libertie to come in the countrie,

for his favour, when he likes to come.

The brethrene appoyntit to collect the heids of Policie presentit

of before, reportit the same collectit in order, and digestit in an

body; and all men requyrit that had good reasone to argument, to

propone, to offer them thereto.

Thrie heids were callit in doubt; ane _de Diaconatu_, ane uther _de

Jure Patronatus_, the third _de Divortiis_, wherein they were not

resolvit nor satisfiet. As to the rest, nothing was thocht in the

contrair, nor proponit.

Thir thrie heids standing in contraversie, and disput _in utramque

partem_, yet farther disputation was reservit till the morne, to any

man that likit to take the pairt of reasoning upon him against the

saids heids.

The Commissioners appoyntit to await upon my Lord Regent’s Grace’s

answer, report, because they had no commission in wreit, his Grace

gave no answer to them.

The Clark Register beand present, declareit that the Proveist and

Baillies of Dumfermling agriet to burie the said Laird of Rossythe

in the Kirk; that he was not the causer thereof, submittand himselfe

allwayes to the judgement of the Kirk, if any offence be found done

by him.

The Generall Assemblie of the Kirk of this Realme, considering the

grit abundance of iniquitie overflowing universallie the haill face

of this commoneweill, now in so great licht and revelation of the

trew and Christiane religione, justly provocking and steiring up

the justice and equitie of God to take judgement and vengeance on

this unworthie nation; Seeing also the many and perilous strifes and

raiges of persecutione daily invading the Kirk and Spouse of Jesus

Christ, the sound and extreame troubles of the trew and zealous

members thereof in the parts of France and elsewhere, professing with

them ane Saviour, Lord, and Messias, the wark also of establishing a

perfyte order and policie in the Kirk being presently in hands, hes

thocht it good, for the same reasones and good causes, that earnest

and speedy recourse shall be had to God, with commone supplicationes

and prayers; And to that effect ane generall fast be observed

universallie, throughout all the kirks of the realme, with doctrine

and instruction to the people, to begine the secund Sonday of July

nixt to come, qwhilk is the ninth day thereof, and to continue to

the nixt Sonday thereafter, wsing, in the meanetyme, exercise of

doctrine according to the accustomit order; and to that effect, that

intimation be made by the Commissioners of Countries to the ministers

within their bounds, as appertaines. Gine in the Generall Assembly.

Because the matter of the policie of the Kirk collectit be the

brethren, is not yet in sic perfect forme as is requisite, and

syndrie things largely intreatit, qwhilk will be mair summarly

handlit; uthers requireing further dilatioune for the re-collecting

thereof, and putting the same in good order and forme, and for

avoiding superfluitie and obscuritie, the substantialls beand keepit;

The Kirk presently hes willit their belovit brethren, Mr Robert Pont

and James Lawsone, to take travells and laboures in the premisses;

and to the effect the wark may the better be compleitit and in

readiness against the next Generall Assemblie, qwhilk is ordaynit to

begin at Edinburgh the 25th of October nixt to come, the Kirk hes

ordaynit their brethren, the Laird of Dunn, Mrs Alexander Arbuthnot,

Andrew Melvell, John Craig, Andrew Hay, George Hay, John Row, David

Lyndsay, John Duncansone, to conveine and assemble together, the

nyneteine day of October nixt in Edinburgh, to revise and consider

the travells of the said brether, that the samine may be the mair

advysedly proponit publickly, as said is: In this meane tyme, sic as

pleases to reason in the matter to have access to the saids brether;

and lykewayes ordainit the Visitors of Countries to make intimatione

to the Barrones, that the said wark is in hand, and to be treattit in

the nixt Generall Assembly; desyrand their presence and concurrance

thereto.

[THIRTY-SIXTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveint att Edinburgh, in

the Laigh Tolbooth thereof, the 25th of October 1577, where

there was present the Commissioners of Countries, Provinces,

Townes, and Universities, with the Ministers: Mr David Lyndsay,

Moderator.

Sessio.

Because of great confusione heirtofore in Assemblies qwhilk fell out

be casting in of purposes unfoirseene afoire, and be the multitude of

proponers thereof; It was thocht meet, dureing this Assembly, that

certaine brethren sould conferr with the Moderator upon matters to

be intreatit on at this conventione, viz. Mrs John Row, Alexander

Arbuthnot, Andrew Melvill, William Christison, James Lawsone, Robert

Pont, Andrew Hay, John Duncansone; and sic lyke it is thocht good

that the acts made in the Assemblie be considerit be the saids

brethren, joynit to the Moderator, and thereafter read in open

Assemblie.

The Kirk thocht meet that my Lord Regent’s Grace should be desyrit

to be in this Assemblie in proper persone, or be Commissioners;

and to that effect war direct Mrs John Row and James Lawsone, qwha

immediatlie returnit, with answer that his Grace had no leisure to

talk with them for occupation.

The haill Assemblie ordaynit Mrs John Craig and John Brand to gang to

his Grace for the same effect, and to report his answer the morn at

nyne hours, qwhilk was, that he was so occupied in earnest effairs of

the Councill, that he had no leasure to confer with them. The Kirk

hes thocht it meet that the said brethrene pass againe to him, and

require his personall presence in this Assemblie, or Commissioners

authorized with his commissione.

Because the matter of the policie and jurisdictione of the Kirk

committit to the recollecting, forming, and dispositione of certaine

brethren being now present, be them was thocht expedient to be

proponit and intreatit the morne; efter the reading of the generall

heids thereof, the haill brether was requyrit to advyse with

themselves gif they fand any uther heids necessary to be disputit

then this, and to signifie the same to the Assemblie the morne.

Sessio 3.

Johne Brand returnit my Lord Regent’s answer, that in respect of

sundry important businesses, and that he could not leave the Councill

sa soone conveint, he could not satisfie the petitione of the Kirk,

desyring that the brethren qwhilk war send down to him before,

sould come downe and speik with his Grace; and because the Kirk is

labourand in the policie, prayand them earnestly to gang fordwart and

put the same to end, The Kirk wills Mrs James Lawsone and John Row to

pass to his Grace the morne, according to his desyre.

Mr Patrick Adamsone, in my Lord Regent’s Grace name, exhibits in the

Assembly ane Letter direct from the Queen Majestie of England to his

Grace, making informatione of a certain Councill to have been halden

at Magdeburgh for establishing of the Augustane Confession, with

ane Letter written from the Cassumire to her Majestie of that same

argument, desyrand the Assemblie to advyse if they thocht meit that

any of the learned ministers of this natione sould repaire thither,

and whom they will name and find good to this effect: To the qwhilk

desyre the Kirk continuit to giue answer to the 28. day of this

instant.

Sessio 5.

The Assembly present in ane mynde resolvit and adjudgit it to be very

necessarie, that some of the Kirk sould be direct to the Councill

to be halden at Magdeburgh, and hes nominat any twa of the brethren

following that shall be thocht most meet be my Lord Regent’s Grace,

viz. Mr Andrew Melvill, Patrick Adamsone, David Cuninghame, George

Hay, David Lyndsay, William Chrystisone, Alexander Arbuthnott, and

Robert Pont; qwhais names the Kirk ordaynes to be presentit to his

Grace be Mr Craig, and to report his answer againe.

Compeirit John Andersone in linnen cloathes, in presence of the

haill Assemblie; and beand prostrate upon his knees, confessit he

had offendit Mr Robert Boyde, minister, in drawing of his blood,

whereof he repentit with his heart, and askit God and his Kirk

forgiveness--promiseing, be the grace of God, not to fall in the lyke

wickedness in tyme cuming.

Sessio 6.

This Session being hallilie imployit in reasoning the heids of the

jurisdictione of the Kirk, the same argument was ordaynitt to be

followit out the morne, so far as tyme may serve thereunto.

Sessio 7.

Concerning the number of the brethren gine in to his Grace, it lyked

him well that the Kirk had gine him choise out of so reasonable ane

number, and that, in his opinione, Mr Andrew Melvill, George Hay, and

Alexander Arbuthnott, were meitest for the purpose; allwayes desyres

the advyce and judgement of the Kirk heirto, that after, he may take

resolutione with his Councill.

The Kirk willed the said Mr Patrick Adamsone, with Mr Johne Craig

and William Chrystisone, to travell with his Grace, to knaw further

his Grace’s mynde in this behalfe, and sicklyke to desyre his Grace

for to appoynt the modifiers to conveine to the ordering of the

rolles of the ministers, and to report his Grace’s answer to the

Assemblie.

Sessio 8.

The persones directit to his Grace reportit, that he lykit well Mr

Androw Melvill and Mr George Hay to be direct to the said Councill,

alwayes he wold knaw the advyse of the Councill therein, qwhairof

he wold make them to be informed: And, concerning the rolls of

ministers, had appoyntit the Abbot of Dumfermling, George Auchinleck,

Mr Nicoll Elphingstoune, and Thomas Nicolsone, to take order

therewith.

Sessio 9.

Thomas Mortoune, ffiar of Cambo, and Mr Thomas Ramsay, gave in ane

bill of accusatione against Mr Thomas Kynneir, minister of Craill,

contaynand sundrie heids of sclander against him, as, namely,

suspicions of adulterie with Agnes Guidland, spouse to Sir John

Barone, drunkenness, tulziesumness, selling of the sacraments. The

said Mr Thomas being present, denyit the haill points thereof;

and the said bill being referrit to the accusers’ probatione, for

proveing thereof they produced David Fermor, David Monypennie, Mr

James Hallyburtone, provest of Dundie, John Herries, and Mr Thomas

Fermour, qwha being admittit, and nothing opponit against them, the

said Mr Thomas was ordaynit to be examinat be William Chrystisone

and John Durie, and their depositiones to be presentit againe to the

Assembly, to be considerit what they import.

Sessio 10.

The depositiones of the witnesses examinat in the said cause being

reportit at afternoone, the Assemblie continueit the pronouncing

of the sentence in the matter till the morne, and warnit baith the

pairties thereto.

Mr Andrew Polwart was decerned to be frie and at libertie fra the

kirk of Paslay, that he may serve uther where it pleased God to call

him; because of the contempt of the discipline, their manifest vices,

minacing and boasting of him in doeing his dewtie, his labours cannot

be profitable to them, besydes some privat causes qwhilks were

considerit be Mrs Alexander Hay, Alexander Arbuthnot, George Hay, and

Andrew Melvill, and they reportit their judgement; qwhairupon decreit

past.

Sessio 11.

Anent the grievous accusatione layd against Mr Thomas Kynneir be the

Laird of Cambo, and Mr Thomas Ramsay, concernyng his sclanderous

and ungodly life, the haill Assembly, after publick reiding of the

witnesses and probatione deducit in the matter, and dew consideration

thairof, and after taking aith of the accusers that they accusit

naither of malice nor choler, but for conscience cause, knawand the

accusatione qwherwith they accuse him to be trew, Decerns, all in

ane voyce, the said Mr Thomas to be depryvit, lykeas they deprive

him of the ministrie in all tyme cuming; debarring him also from

the participatione of the holy supper of the Lord, ay and whill his

repentance be testifyit to the Generall Assemblie be the visitor of

the countrie where he remaynes, and humble supplicatione to be made

be the said Mr Thomas to the haill Assemblie, to be admittit thereto,

and their answer to that effect: That this sentence be intimat in the

Kirk of Carraill in the pulpit thairof be the commissioner of the

countrie.

Sessio 13.

The heads of the Policie and Jurisdictione of the Kirk beand halilie

read in the audience of the haill Assemblie, and thocht good that

the same sould be presentit to my Lord Regent’s Grace, as agried be

reasoning amang the brethren, savand the head _de Diaconatu_, qwhilk

is ordaynit to be gine in with a nott, that the same is agriet be the

maist part of the Assembly, without prejudice of farther reasoning,

to the effect the saids heids may be put _in mundo_, disposit, and

set in good order, according to the mynd of the Assemblie; The

Assembly hes willit Mrs James Lawsone, Robert Pont, David Lyndsay,

and the Clerk of the Assemblie, to travell with diligence therein:

And the same being put _in mundo_, that according to the originall,

to be seen and revysit be John Duncansone, David Fargysone, the Laird

of Dun if he be present, Mr James Carmichael, and John Brand, and

being found be them according to the said originall, to be presentit

be the saids Mrs James Lawsone, Robert Pont, and David Lyndsay,

together with the supplicatione pennit and delyverit to them, be the

Clerk, unto my Lord Regent’s Grace; and in caise conferrence and

reasonyng be socht be his Grace upon the saids heads presentit to his

Grace, The Assembly hes appoyntit Mrs Patrick Adamsone, the Laird

of Dun, John Craig, John Row, Alexander Arbuthnott, Andrew Melvill,

James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, George Hay,

and Johne Duncansone, to concurr and await upon the said conference

as they shall be advertised be his Grace.

[THIRTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint att Edinburgh the 24th day of

Aprile, in the Magdalen Chapell, 1578, quhair thair was present

Commissioners of Countries, Kirks, Townes, and Universities,

with Ministers: Mr Androw Melvill, Moderator.

Sessio.

Att the Moderator’s instance, the Assembly appointit Mrs John Row,

Robert Pont, James Lawsone, and David Lyndsay, to concurr and conferr

with him at extraordinar houris, to advyse upon sic matters as shall

be thocht best to be proponit to the Assemblie.

Sessio 2.

It was thocht good be the Assemblie, that Mrs Andrew Hay, John Craig,

and John Duncansone, sould be direct to the King’s heines Counsell,

requyrand the Councill to direct some of the same as Commissioners

from his heines to assist the Assemblie with their presence and

councill, who returnit their answer, that be reason of urgent

affaires they could not be present this day; but the morne there

should be twa deput to be direct to the Kirk.

Sessio 3.

That Bischops and all uthers beirand ecclesiasticall functions be

callit be their awne names, or brethren, in tyme cumeing.

Anent the ordinance made in the last Assembly concernyng the

presenting of the Booke of Policie of the Kirk to my Lord Regent’s

Grace; The brethren havand commissione thereto declarit that they

had presentit the same to him with the supplicatione appoyntit,

and ane day being appoyntit to conferrence, the alteration of the

authoritie hes intervenit; and allwayes, for to stay corruptione in

the entrie of the King’s Majestie’s Government, they had presentit to

his hieness councill, ane supplicatione with four articles, and for

observatione of the Act of Parliament, touching sic as bears publick

office within this realme; ane uther for putting order to the late

murther in Strivling and Edinburgh; the third for the policie of the

Kirk; the fourth for supporte of the appearand famine--of the qwhilk

as yet no answer.

The haill Assemblie thocht the same meit to be cravit of the

Councill, and desyrit my Lord Herreiss and the Abbot of Deir,

present, of their opinion concerning the saids matters; qwhais

answer was, they came not to vote nor conclude, but were direct be

the Councill to hear and sie the proceedings of the Assemblie, and

alwayes sould insist at the hands of the Councill for answer to the

saids Articles.

Anent the complaynt made upon David Fargysone, that he had overseine

the executione of the act made anent Mr Thomas Biggar and George

Boswell anent their resorting to the exercise of Dumfermling, the

said David being present, declareit that upon their promise to erect

ane exercise in Kirkaldie he stayit, qwherin they have failziet The

Kirk ordaynes the said act to be put to executione be him as accords.

It was thocht meet be the brethren, that certaine sould be direct to

my Lord Herreiss and the Abbot of Dier, to put them in remembrance

of the answer to the articles gine in to the Councill, and lykewayes

to demand of the Councill, whether they be direct to the Assembly

to giue their advyce in all things tending to the glory of God and

weell of his Kirk, or to hear allanerlie; and giue the brethren

finds it expedient to propone the ane and the uther to the Councill

themselves? And to that effect were direct Mrs Andrew Hay and David

Lyndsay, who returning, reportit, that some difficulties are in

the articles, and for reasonying thereof with sic as the Kirk will

appoynt thereto, they have ordaynit twa of the Counsell to concurre

the morne at aucht hours. As to the persones they direct to the

Assemblie, they giue them no power as Commissioners of the King to

vote in Assemblie; for they had not spoken the King in this behalfe:

Alwayes, as brether and members of the Kirk, they shall giue advyce,

counsell, and vote. The Kirk appoynts Mrs Robert Pont, John Row,

James Lawsone, Andrew Hay, Andrew Melvill, and David Lyndsay, to

concurr with the deputs of the Councill, to reasone upon the saids

articles the morne at aucht houres.

Forsuameikle as the heads of the policie beand concludit and agreit

in the last Assemblie of the Kirk, be the maist part of the brether;

certain of the brother fand some difficultie and questione in that

head _De Diaconatu_, qwhairthrow farther reasonying was reservit to

this Assemblie thereanent: It was therefore requyrit that if any

brother had reasonable doubt or argument to propone, that he sould be

readie the morne to offer his reasones, qwhair he shall be heard and

resolvit.

Ordaynes ane Generall ffast to be observit universallie within the

Kirk within this realme, to begine the first day of Junii nixt to

cum, and to continow whill the next Sabbath thereafter inclusive,

with the accustomed exercises of doctrine and prayer; intimation

heirof to be made, with the tyme and cause, to the King and

Councill, supplicating his Grace and Councill to discharge be opin

proclamatione, all kynd of insolent playes as King of May, Robine

Hood, and sic uthers, in the moneth of May, aither be bairnes or

utherwayes.

Sessio 5.

The brether appoyntit to conferr with the deputs of the Councill

touching the difficulties they had to propone againes the Articles

gine in to the said Councill, reportit, that the said deputis willed

the Assemblie to name the persones they suspect of Papistrie, and to

direct from the number of the Kirk, certain brethren to admonische

them to subscryve to the Articles of the Religione presently allowed

be act of Parliament, and to participat the communione, and giue they

find disobedience, to intimat the same to the Councill; and lykewayes

to proceed against the disobedients with the censures of the Kirk.

The Assembly nominat my Lord Chancellour, the Earles of Caithness

and Mountgomrie, my Lord Ogilbie, and ordaynit Mr John Row and James

Lawsone to communicat with the Chancellour and Mrs John Craige and

John Duncansone, with the remanent, and to report their answer at

fyve houres to the Commissioners of Countries.

Sessio 6.

According to the ordinance made yesterday, all persones that hes any

reasonable doubts or argument to propone against the head of the

Policie, were requyrit to propone the same, and nane offerit any

argument in the contrarie.

Sessio 7.

Forsuameikle as there is great corruptione in the estate of Bischops,

as they are presently maid in this realme, qwhairunto the Kirk would

provide some stay in tyme cuming, so far as they may, to the effect

farder corruptione may be brydlit; Therefore the Kirk hes concludit

that no Bischopes shall be electit or made hereafter before the next

Generall Assemblie; discharging all ministers and chapters to proceed

any wayes to electione of Bischopes in the meanetyme, under the paine

of perpetuall deprivatione from their offices; and that this matter

be proponit first in the next Assemblie, to be consultit what farther

order shall be taken thereanent.

Anent benefices vaikand of the Kirks where there is no qualified

ministers serving; The Kirk hes determinat and ordaynit, that no

visiter of countries give collatione of the saids benefices to any

uther persone by the minister of the Kirk qwhairof the benefice

vaicks, qwhill the next Generall Assemblie of the Kirk, under the

paine of deprivatione from their offices; and gif they be urget

be the Prince’s letters thereto, to shaw this ordinance for their

defence, and that this same matter be proponit in the next Assemblie,

that order may be taken theirin.

Sessio 8.

Forsuameikle as the Generall Kirk has thocht meet that the travells

taine be them upon the Policie be presentit to the King’s Majestie

and his heines Councill: It was found good, that before the copies

thereof were delyverit, they sould be yet reueisit and overseen be

Mrs Robert Pont, James Lawsone, and David Lyndsay, and being written

over according to the originall copie, to be presentit be them to

his heines with a supplicatione pennit be them to that effect, with

ane uther copie to the Council; the tyme to be at the discretion of

the said brether, provyding it be before the generall ffast: And in

case conferrence and reason be cravit upon the said heids, the Kirk

hes nominat Mr John Craige, Alexander Arbuthnott, the Laird of Dun,

William Chrystisone, John Row, David Fargysone, Robert Pont, James

Lawsone, David Lyndsay, John Duncansone, Andrew Melvill, Andrew Hay,

and James Greig, to concurr and conveine at sic tymes appoynted

be the King and Councill, advertisement being made to them be the

said thrie brether, and that the saids Commissioners at the said

conferrence reasone also on the head of the ceremonies, and how far

ministers may meddle with civill affaires, and gife they may vote in

Councill or Parliament.

The Generall Assemblie of the Kirk, finding the universall

corruptione of the haill estates of the bodie of this realme, the

great coldness and slackness of religione in the greitest pairt of

the professors of the same, with the daily increase of all kynd

of fearfull sinnes and inormities, as incest, adulterie, murders,

and namely, recently committit in Edinburgh and Striviling, cursed

sacriledge, ungodlie seditione and divisione within the bowells of

the realme, with all manner of disorderit and ungodly living, qwhich

justly hes provokit our God, although long-suffering and patient, to

stretch out his arme in his anger to correct and visite the iniquitie

of the land, and namely be the present seueritie of famine and

hunger, joynit with the civill and domestick seditiones, qwhairunto

doubtless greater judgements must succeed gif his correctiones work

no reformatione nor amendment in men’s hearts: Seeing also the

bloodie conclusiones of the cruell councill of that Roman beast,

tending to exterminat and raze from the face of all Europe, the light

of the blessed word of salvatione: ffor these causes, and that God

of his mercy wald bless the King’s heines and regiment, and make him

to haue ane happie and prosperous government, as also to put in his

heines heart and in the hearts of his noble Estates of Parliament,

not only to make and establische good and politick lawes for the weel

and good government of the realme, but also to setle and establische

sic ane policie and discipline in the Kirk, as is cravit in the

word of God, and is conteinit and pennit alreadie to his heines and

councill, that in the ane and in the uther God may be glorified and

haue his dew praise, and the age to come ane example of upright and

godlie living and dealing: Therefore the Kirk hes ordainit the act

preceiding heiranent to be preceislie keepit in all poynts.

Sessio 9.

The brethren appoyntit to speak with the suspect Lords reportit, that

the Earle of Caithnes desyreit to sie the articles of religione:

My Lord Ogilvie declareit that he had subscryveit the articles of

religione, and participat the communion before the pastour of the

countrie, and was willing to doe the same againe. They had not

the commoditie to meet with the Chancellour and Montgomerie. The

Ministers and Sessiones of these townes where they shall happin

to repaire, were ordaynit to admonische them; and if they fand

disobedience, after dew admonitione, to proceed against them with the

censures of the Kirk.

Mr Thomas Sincloure was nominat amang the brethren to answer the

bills.

Sessio.

What shall be the punischment of communicants that violats the

generall fast? Answer: They shall make repentance twa severall

Sondayes, and according to the contempt in the violatione, the paine

to be aggravat.

The conventione nixt appoyntit at Edinburgh the 7th of July next to

come, in caise the parliament alreadie proclaimit hald fordward;

utherwayes, in caise the same halds any uther tyme betwixt and the

24th day of October nixt to come, that the brethren conveine in the

place where it shall be halden for the tyme, four dayes before the

same; and failzieand of both, upon the 24th day of October nixt to

come, within the towne of Edinburgh.

[THIRTY-EIGHTH GENERAL ASSEMBLY.]

The General Assembly, conveint at Striviling, and begun the 11th

of Junii 1578, where there was present the Commissioners of

Countries, Commissioners from Synodall Assemblies, Towns, and

Universities.

Sessio 1.

In respect of the raritie of the Assemblie, the brethren that were

conveint thocht best to meit at twa houres afternoone, and to sitt

till fyve houres at noone.

Sessio.

Exhortation beand made be Mr Andrew Melvill, Moderator of the last

Assemblie, before farder proceeding, questione beand proponit, if

this Assemblie be ane continuation of the last or ane new Assembly?

It was reasonit and concludit to be ane new Assemblie. For electione

of ane Moderator, Mrs John Row, David Fargysone, and John Duncansone,

was proponit in leets, and be pluralitie of votes, Mr John Row was

chosen Moderator.

Mrs Robert Pont, James Lawsone, Andrew Melvill, John Craig, and

Andrew Hay, direct to give their counsell, and communicat with the

Moderator sic matters as shall be thocht best to be resolvit at this

conventione.

Forsuameikle as it hes pleasit the goodness of God to indew the

King’s Majestie with zeal of his trew religione, it was thocht very

meit that the Laird of Lundie, Mr John Craige, James Lawsone, Robert

Pont, and John Row, should be direct to his Grace to crave that some

be direct be his Grace to assist this Assemblie the morne, at aucht

houres in the morning, and to report his hienes answer.

Sessio 2.

Anent the Act made in the last Assemblie concernyng the election

of Bischops, suspendit whill this Assemblie, and the farder order

resolvit thairinto, The Generall Assemblie, all in ane voyce, hes

concludit that the said act sall be extendit for all tyme to come, ay

and while the corruptione of the Estates of Bischopes be allutterlie

taine away, and that all Bischopes alreadie electit, be requirit

particularly to submit themselfis to the Generall Assembly concerning

the reformatione of the corruptione of that estate of Bischopes

in thair persones, qwhilk if they refuse, after admonitiones,

excommunicatione to pass against them: qwhilk submission the Bischop

of Dumblane willingly offerit to the Assemblie.

Anent ane act made in the last Assembly, the 28th of Aprile 1578,

concernyng the collatione of benefices to uther persones nor the

ministers of the kirk quhairof the benefices vaikes, and the farther

order to be taine in this Assembly, the Kirk present hes farther

concludit, that neither Bischops, visitors, nor uthers beiring

commissione of the Kirk, give collation of benefices, by and against

the tennor of the said act, Under the paines therein conteint, qwhill

the nixt Generall Assembly of the Kirk, at quhilk tyme this matter

shall be proponit againe, that farther order may be tane therein.

Anent the penaltie of bischopes, ministers, and uthers bearand

functione in the ministrie, that setts fewes and tacks of their

benefices and ecclesiasticall livings, or any pairt thereof, or

ministers in chapters that gives their consents thereto, without the

consent of the Generall Assemblie of the Kirk, against the tenor of

the acts made in Assembly before, the Kirk and Assemblie present hes

concludit that the saids persones quhilk shall happen to contraveene

the said act, shall be depryvit from their offices and functione in

tyme cuming.

Forsuameikle as in the last Assemblie, commissione was give to

certaine brethren to present to the King’s Grace and Councill the

heids of the policie of the Kirk, with a supplicatione unto his

Grace, the Kirk desyrit the report of the brethren’s proceeding; who

exponit and schew, that according to their commissione they exhibite

to the King’s Majestie a copie of the heids of the policie, with the

supplication unto his Grace, quho gave a very comfortable and good

answer, that not only wald he concurr with the Kirk in all things

that micht advance the trew religione presently professit within this

realme, but also wald be a protector of the Kirk; and thereafter

his Grace presentit the supplicatione to the Councill, who nominat

persones to conferr in the matter, and be his Majestie’s procurement

obtained of the Councill that they micht choyse so many ministers to

conferr, as was at lenth agreit upon: Quhilk conference is readie to

be schawen.

Sessio 3.

The report of the Assemblie had be the Commissioners appoyntit be the

King’s Majestie and Councill beand exhibite to the present Assemblie,

it was thocht meet to be read over.

As to the supplication devysit in the beginning of the conference

touching those that shall vote in parliament in name of the Kirk, the

Assembly thocht the advyce good, and ordaynit Mrs John Row and Robert

Pont to penne the same, and to present it to the Assemblie on Monday.

Concerning the remanent observationes, ordourly the Kirk proceedit as

follows:

Cap. 1. The auchteine article thereof whilk in conferrence was

desyrous to be made plaine, the Assembly thinks it sensible enough.

Cap. 2. The third article agreit conforme to the conferrence. The 7th

article to be farder considerit.

Cap. 3. The 10th article thought plain in the selfe: as to the 12th

article, agreit it be framit conforme to the conferrence. Touching

the advyce, craveit what paines shall be put to non-residents, The

Kirk thought meet and civill law cravit, decernand the benefices to

vaick through non-residence.

Cap. 4. The 9th article agreit conforme to the conferrence and the

penaltie of persones excommunicat, desyrit to be hornyng or captione

be speciall act of parliament to be execute be the Thesaurer, Justice

Clark, or uthers, that the King’s Majestie and his Councill pleis to

appoynt.

Cap. 5. Agreit with the twa supplicationes desyrit.

Cap. 6. The perpetuitie of the persones of the elders agreit

conforme[17]

{missing text indicated by asterisks}

... patrimonie of the Kirk, to the hurt and diminutione of the

rentalls thereof, and to the prejudice of the old possessors of

the same; certifieing them and every ane of them that does in the

contrare, that the censures of the Kirk and excommunication sould

proceid against them, and this act to be extendit to all Chapiters

of every sorte and conditiones that is usit presently in this

realme; and sicklyke against these that are receivers, directly

or indirectly, of the saids fews, tacks, or uthers dispositiones

whatsumever, and the contraveners to be accusit before the Generall

or Synodall Assemblies and their Commissioners appoyntit be other

of them to that effect, and intimation to be made heirof to all

Commissioners and ministers in every Paroche Kirk, and that in

respect of the great inconvenients knawn to the Kirk, against

the Kirk, schooles, and the multitude of the poore, qwhilk dayly

increases and dies miserably through the occasione forsaid.

The nixt Assembly to be in Edinburgh the 24th day of October nixt to

come; and, if there be ane parliament betwixt and the said day, the

Assemblie to be where the parliament beis, twa dayes before the samme.

[THIRTY-NINTH GENERAL ASSEMBLY.]

The Generall Assembly, convenit at Edinburgh, the 24th of October

1578, in the Nether Councell-house, where there was present the

Commissioners of Countries, Provinces, Townes, and Universities.

Sessio.

Exhortation made be Mr John Row. Leets, Mr Andrew Hay, Thomas

Smetone, David Fargysone: The said David was chosen Moderator be

pluralitie of votes. Mrs James Lawsone, Andrew Melvill, John Row,

Andrew Hay, Thomas Smetone, John Craige, Robert Pont, Assessors.

The Noblemen in the Towne for the present were desyrit to be present

in the Assembly.

Sessio 2.

In respect that at the desyre of the Assemblie, certain of the

nobilitie were convenit, viz., my Lord Chancellour, the Earle

Montrose, my Lord Setone, my Lord Lindsay, it was exponit and schawne

be the Moderator of this Assemblie in name of the Kirk, qwhat care

and studie the Kirk of God had taine to intertaine and keep the

puritie of the sincere word of God unmixt with the inventions of

their awne heids, qwhilk their speciall care was to reserve to the

posteritie heirafter; and, seeing that the trew religione is not able

to continew nor indure lang, without a good discipline and policie,

in that part have they also imployit their witt and study, and

drawne furth of the pure fountaines of God’s word sic a discipline

as is meet to remayne within the Kirk, whilk they presentit to

the King’s Majestie with their supplicatione, at whais discretion

certain Commissioners were appoyntit to reasone with sic as were

deput be the Kirk, where the haill matter beand disput was resolvit,

and agriet, to a few heids, and thereafter againe presentit to the

Lords of the Articles, that the said discipline may take place and

be establischit be the actes and lawes of the realme, qwhairin,

nottheless, their travells hes not succeeded; prayand, therefore,

the nobilitie present, alswell openly to make profession to the Kirk

if they will allow, affirme, and maintaine the religion presently

establischit in this realme, as also the Policie and Discipline

already spoken of, and labour at the King and Councill’s hands for

ane answer to the heads after following, to witt; That his Grace and

Councill will establish such heids of the policie as was alreadie

resolvit and agreit upon be the saids Commissioners, and cause sic

uthers as was not fully agreit to be reasoned and put to ane end,

and that his Grace and Councill will restore the Kirk to the act of

parliament concerning the thirds, and that nane vote in parliament

in name of the Kirk, except sic as shall have commissione of the

Kirk to that effect, and that presentationes of benefices be direct

to the Commissioners of Countries where benefices lyis: And to the

effect that the matter may be the better and sooner exped, that their

Lordships wald appoynt sic tyme convenient thereto as they may best

spare, that sic of the brether that beis namit thereto may await upon

their honors. Theirunto the said Noblemen answerit, that a pairt

of them had made publick professione of this religion before, and

alwayes now they declare they confesse the religion presently profest

within this realme, and shall maintaine the same to their power. As

to the rest, they think good the King and his Councill be suitit, and

they shall insist with the Kirk for answer thereto;--the tyme to that

effect, to the Kirk, the morne.

Sessio 5.

Anent the Act made in the last Assembly concerning the Suspension of

Visitors fra giving collatione of benefices to any persone by the

ministers serving actuallie at the Kirks where the saids benefices

lyes; The Kirk ordayns the said Act to stand in full effect and

strength whill the next Assemblie, where the matter being newly

proponed may be farther resolvit.

Anent the Submissione of Mr James Boyd, Commissioner of Kyll and

Carrick, to the Generall Assemblie, conforme to the Act made in

the last Assembly, and the reasoning had be him be the Moderator

and brethrene appoyntit thereto, the forsaid brether being present

thoucht best he sould publish his awne answer to the haill brether

for satisfactione of them, who gave in his answer in wreit as

follows:

I understand, the name, office, and modest reverence borne to a

Bischope to be lawfull and allowable be the Scriptures of God; and,

beand electit be the Kirk and King to be Bischop of Glasgow, I esteem

my calling and office to be lawfull: And, as anent my executione

of that charge committit to me, I am content to indeavour at my

outermost abilitie to performe the same and every poynt thereof, and

to abyde the honourable judgements of the Kirk from tyme to tyme,

of my offending by my dewtie; craving alwayes a brotherly desyre at

their hands, seeing the charge is weichtie; and in the laying to be

lait to my charge to be examined be the cannone left be the apostle

to Timothie, 1 and 1 cap., seeing that place was appointit to me at

my receipt.

To understand therefrom the dewties of a Bischope: As toward my

living, and rents, and uthers things grantit be the Prince to me, I

reckon the same lawfull: As to my dewtie to the supreame magistrat;

in assisting his Grace in Councill or parliament, being cravit

thereto, I esteem my subjection compels me to obey the same, and no

hurt but an well to the Kirk that some of our number be at the making

of good laws and ordinances; in the doeing whereof I protest before

God never to doe any thing but that I believe shall stand with the

puritie of the Scripture and a weill reformit countrie, as also a

good part of the living I brook being gine for that only cause.

Qwhilk being read in open Assemblie and considerit, after voting of

the haill brethren, was adjudged to be no answer to the Act, nor to

satisfie the desyre thereof, alwayes was reqyrit that afternoone he

sould returne with better advyce as the Kirk wished at God he sould

do.[18]

Sessio 8.

The Assembly hes votit and concludit that all sic persones as are

alreadie, or heirafter shall be deposit for their offences from their

functions of the ministrie, shall be chargit be the Commissioners of

the countries to dimit the saids benefices and livings possesst be

them, to the effect uthers may be provydit thereto that may travel in

the said functione, under the paine of excommunication to be execute

against them, qwherein if they faillie, after admonitiones, to

proceed with the sentence of excommunicatione against them, under the

paine of suspensione of them from the ministrie dureing the will of

the Kirk, and that this act be execut against the Bischope of Dunkeld

and minister of Saline be the Commissioners of the countrie where

they dwell, betwixt and the next Assemblie, under the paine forsaid.

Forsuameikle as the Bischops are to be chairgit to remove their

corruptiones in that estate, the Kirk nominat the speciall

corruptions whilk they desire sic as will submitt them to the said

Assembly to correct, with promise, that giue the Generall Kirk

hereafter shall find farther corruptiones in the said estate, nor

heirto is exprest, that they be content to be reformit be the said

Assemblie according to the word of God when they shall be requyrit

thereto: 1. That they be content to be pastors and ministers of ane

flock: 2. That they usurp no criminall jurisdictione: 3. That they

vote not in parliament in name of the Kirk without commissione from

the Kirk: 4. That they take not up for the maintenance of their

ambitione and covetousness, the emoluments of the Kirk, whilk may

sustaine many pastors, the schools, and the poor, but be content with

reasonable living according to their office: 5. That they claime

not to themselves the titles of Lords temporall, neither usurp

temporall jurisdictione, quhairby they are abstractit from their

office: 6. That they take no farther bounds of visitatione nor the

Kirk committeth to them: 7. That they impyre not above the particular

elderschipes, but be subject to the same: 8. That they usurp not the

powers of the pastors.

The Assembly depryvit Mr Hector Douglass from his office of function

of the ministrie as woundit and unable therefor, and ordaynes him

to be chargit be the commissioners of the countrie to dimit his

benefice, and if he refuises after admonitiones, to proceed with

excommunicatione against him, under the paine of suspensione of the

said commissioner from his office of the ministrie dureing the will

of the Kirk.

Forswamikle as there is diverse persones within this realme that

sends their children, being within age, furth of the countrie over

sea to places where superstition and Papistrie is mayntainit, upon

pretence of seeking farther instructione and learning, as also

uthers, beand of perfect age, transports themselves out of the realme

upon the same pretence, whairthrow they become for the maist part

corrupt in religione, as be evident experience is daylie seen; For

remied heirof, the Generall Assembly hes advysit and concludit, that

the parents of sic children as within their minoritie sends them

to the saids places, or heirafter shall send them where the said

Papistrie is teachit and maintainit, shall be chargit be their own

ministers to call back their children from the saids places with all

convenient expeditione, under the paine of excommunicatione; and if

they disobey, to proceed against them; and sic as are of perfect age,

that already are past out of the countrie to the saids places, or in

tyme comeing, shall pass thereto, shall in like manner be chargit to

remove themselves therefra under the semblalle forme to be execute

against them; and if they disobey, to be excommunicat be the minister

of the place where they remainit before their departing out of the

countrie.

[FORTIETH GENERAL ASSEMBLY.]

The Generall Assembly, convenit at Edinburgh in the New Kirk, and

begun the seventh of July 1579, wherein there was present the

Commissioners of Countries, Provinces, Towns, and Universities.

Sessio.

Exhortation made be David Fargysone. Leitts, Mrs Andrew Hay, Thomas

Smetoune, and John Duncansone: be plurality of votis the said Mr

Thomas was made and chosen Moderator _hac vice_, at whais desyre

the Laird of Dunn, Mrs John How, Andrew Melvill, Andrew Hay, James

Lawsone, Robert Pont, David Fargysone, and John Greig, were appoyntit

Assessors.

Sessio 2.

In the face of the Assemblie, Mr John Duncansone, the King’s

Majestie’s minister, presentit his heines Letter direct to the

Assemblie, qwhilk was read and humblie receavit, and ordayned to be

registrat in the Register of the Kirk, quhairof the tenor followis:

Richt trusty and welbelovit, We greet yow hartilie well.

Understanding of your present Assemblie at Edin^r. and frae the

rumors that passes of some things to be intreatit amanges you, that

may seeme prejudiciall to that good order of the Government of the

Kirk and ecclesiasticall policie heretofore lang travellit in and

hoppit for, We have taken occasione to schaw yow our mynde in this

behalf to the minister of our awne house and some uthers of your

awne number hapining to be present with us, whom in this caus we

have thocht meitest to use as our owne Messengers to carrie our

Letter, whereby we will heartily desyre you and effectuouslie wische

yow, that in this our young age, the tyme being subject to so many

difficulties and imperfectiones, to bestow your common cares and

good willes, to intertaine peace and quytness in God’s feare and

our dew obedience, forbearing any proceeding at this tyme that may

touch matters heirtofore not concludit be any lawes and receivit in

practise. But whatever in the former conferences touching the policie

of the Kirk was remittit to be resolved and decyded be our estates

in parliament, let it so rest without prejudging the same be any of

your conclusiones at this tyme, since our parliament now so schortly

approaches, and that we are weill pleasit and content, that before

the same sic matters as are not yet reasonit may be farther consultit

upon and prepared to pass in forme of lawes, and the meitest for

that wark to be expresslie imployit therein; to the end that the

things conferrit and agreit upon may be presentit to our estates,

to be approvit in our said parliament, and dew executione to follow

thereupon for the advancement of God’s trew religione and the repose

of yow and uthers our good subjects the members of the Kirk of God

within our realme: and for this cause we will not only be the authors

and perswaders of common peace amang all of your owne functione, but

amangst all others our good subjects, alsweell generallie as in the

particular Kirks where ye travell, that some men over bussie to work

the contrarie effects may finde themselves disappointit, and that

our haill estate, be your good example, may be rather disposit to

conforme themselves to a godly and peaceable course of living, qwhilk

we are assured shall be pleasing to God and to us most acceptable,

as ye may perswade yourselves of our willing inclinatione to set

fordward this actione according to God’s will and word, with all

the diligence and good meanes that may be used; and so looking to

be informed of the success of this our reasonable request, and

admonitione, We committ you to the protection of God. Att our Castle

of Striviling the 5 of July 1579.

Sic subscribitur, JA. REX.

Direct to our trusty and well-belovits the Ministers and uthers

of the Kirk presently assemblit at Edin^r., &c.

Sessio 4.

Twiching the epistle presentit be Alexander Arbuthnott to be prefixit

to the Bible, the brether hes desyrit the Moderator and his Assessors

to read and consider the same, together with the Kalander to be

presentit to Mr Robert Pont, and to give their judgements thereof the

morne.

Sessio 5.

Anent the buriall of the Earle of Atholl of good memorie, the Kirk

thocht meit to direct from the Assembly Mrs John Row and Johne Durie

to desyre of them that all superstition be avoyded thereat; quho

reportit that they had made information to their honors, that the

bruit was of same superstitious rites qwhilks ware prepared for the

buriall, as ane qwhyte cross in the mortcloath, lang gownes with

stroupes and torches: quhair answer was that it was not ane crosse,

and grantit the gownes and denyit the torches; alwayes desyred

the Kirk to direct two to sie if sic things as was prepared were

superstitious, and they sould be reformit: according qwhairto war

immediately sent to them David Fargysone, John Braid, and John Durie,

to declare, The Kirk thocht the crosse and stroupes superstitious and

ethineque lyke, and to desyre them to remove the same; who returnit

with answer, that the Lords should cause cover the mortcloath with

black velvet, and the stroupes should be removit.

Anent the act made in the last Assemblie concernyng the suspensione

of visitors fra giving collation of benefices to any persones by the

ministers serving actuallie at the kirks where the saids benefices

lyis; The Assembly ordayns the same act to stand in full effect and

strength whill the nixt Assembly, qwhere the matter being newly

proponit, may be farther resolvit.

The brether thocht good that the late conferrence haldin at

Striviling to sic as the King appoynted thereto sould be read, seen,

and considerit, with the booke of the Policie, to see wherein the

said conferrence agries with the conclusione already of the Kirk.

Cap. 1.

Concerning the doubt made upon the second article of the said

chapter, the Kirk explaines that article, and declares it is

understand baith of the particular presbyterie and generall Kirk. 4.

Article is thocht plaine anouch. 6. Agreit to the dilatione containt

in the 6th article. The 9 article the Kirk thinks good--it stands as

it is in the Kirk, and the 12 sicklyke. 3. The Kirk ciks to the word

government, this word discipline. The 10 article to remaine unalterit.

Sessio 7.

The Kirk present willed Mrs Andrew Melville, Andrew Hay, John Craige,

William Chrystisone, and the Laird of Dun, to convein in the place

of the Assemblie, and to visit the answer gine in be Mr Patrick

Adamsone; to remove the corruptions in the estate of Bischops, and to

giue their judgement thereupon the morne.

Sessio 8.

The Assemblie weyand the apostasie of Mr Niniane Dyell, master of

the Grammar School of Dumfries, deposed him _simpliciter_ from the

functione of the ministrie in tyme cuming, and suspends him from

teaching the schoole and youth, qwhill alse good experience be had

of them of his lyfe as they have had of his defectione; and in the

meanetyme ordayns ane of the Doctors of the school, if he be sound in

religione, to teach the schoole of Dumfries dureing that tyme; and

farder ordaynes him publickly, in face of the haill Assemblie, to

confess his offence, and thereafter to pass to the towne of Dumfries,

and uther pairts of the countrie where he hes abused the simple

people, and likewise publicklie in presence of the commissioners

confesse the same, revockand the saids errors and professand the

contrarie, craving God and his Kirk pardon therefore; and that

immediately after his and the commissioners’ hame passing, under the

paine of excommunicatione.

Sessio 9.

Anent the Bischops or Commissioners of Countries that absents

themselves from Generall Assemblies at the tyme appointit; The Kirk

hes ordainit the act made the 12 of Aug. 1575 to be execute against

them, and namely against St Androis, Morray, and Aberdeen, all

absent; and the said act to be understand of Bischops haveand office

appoyntit of Visitation appoyntit to them be the Kirk, but sic also

as hes not the said office.[19]

Anent Jesuits repairing in this countrie; the Assemblie present hes

votit and concludit, that the Commissioners of Provinces take tryall

and diligently inquire if any sic persones resorte within the bounds

of their office; and if any be found, to charge them straitlie to

give confession of their faith, revock their errors, subscribe the

articles of religione presently established be the mercie of God

within this realme; and if they refuse, to proceed with the sentence

of excommunication against them, beside the civill punischment to be

askit of the King’s heines, and that this act be execute against Mr

John Hay.

Ordaynes ane supplication to be made to the King and his Counsell

that good order may be taken with the Universities of St Androis, and

the corruptiones reformit and taken away; and to that effect that his

heines with his Councill wald direct some wyse, godlie, and learnit

men to consider the estate thereof, and direct letters chargeing

the Masters and Regents of the said Universitie to produce before

sic as his heines and Councill sall nominat with the brethren efter

specified in name of the Kirk, viz. Mrs Robert Pont, John Row, Andrew

Hay, Andrew Melvill, Thomas Smetoune, and Thomas Buchanan, ministers;

the fundationes of the colledges to be seine and considerit be them:

To the qwhilk brether the Kirk for their pairt gives commissione to

censure with the King’s Majestie’s Commissioners, to take order, and

redress all such corruptiones and defaults as pertaynes to the Kirk,

and in so far as they may do.

Sessio 10.

Mr Ninian Dalzell producit to the Assemblie his opinione concernyng

the heads of religion qwhilks are in controversie subscryvit with

his hand, agrieing in all poynts with the opinion and judgement of

the Kirk; protestand before God for no favour or feid of flesche, he

affirmed the doctrine contained therein, and is alwayes mynded to

live and die in the same.

The Generall Assemblie gives full power and Commission to their

honourable brether the Lairds of Lundie, Braid, Elphinstoune, Carnal,

Bargany, Carltowne, Abbotshall, Soffurd, Coldenknowis, Patrick

Kynnynmont, with the Commissioners appointit over the haill provinces

within this realme, be the said Assemblie, Mrs Robert Pont, James

Lawsone, John Craige, John Duncansone, ministers, Andrew Melvill,

Alexr. Arbuthnot, with sic as shall have commissione to be direct

from the burrowes, or to the maist pairt of the said number, to

convene where it shall happen the parliament to be halden two dayes

before the halding thereof, and with their advyce, conceive and

forme sic heids and articles as they shall think meit to be proponit

thereto, in name of the Kirk, ffor the weill and maintainance of

God’s Glory and Policie of the Kirk of God to desyre; with all

humilitie and reverence to crave the samen to be grantit; to conferr

and reasone thereupon the saids heids and sic as shall be proponit

there, sicklyke and as the said Assemblie might doe if they were

present, firme and stable.

The Generall Assemblie gives full power and commission to their lovit

brethren John Erskine of Dun, John Duncansone, Andrew Hay, John

Craige, Thomas Smetone, ministers, and Andrew Melville, principall of

the Colledge of Glasgow, to passe to the King’s Majestie and Councill

to Striviling with convenient expeditione, and to present unto his

heines and Councill sic heids, articles, and complaints as are gine

and already delyvirit to them be the Kirk, with humble instance and

reverence to crave and receave answer thereof, and therein to travell

effectuouslie and with diligence, and namely to make sute for the

reformation of the Universitie of St Androis, and that tymes may be

appoyntit thereto: qwhairof the said Assembly willed their breither

to make dew advertisement to sic as the said Assembly hes namit for

their part, and what beis done to report againe to the next Assembly,

firme and stable haldand and for to hald, whatsumever their said

brether in the premisses righteouslie leids to be done.

Articles presentit to the King’s Majestie be the saids

Commissioners.

1. The Kirk craves of the King’s Majestie wald make generall

prohibitione that nane of the inhabitants of this realme send their

children to Paris or any uther universitie or toune, professing

papistrie, under sic paynes as his heines and his councill think

expedient.

2. That his heines wald cause and compell the Provest and Masters

of the Colledges of the Universitie of St Androis to produce and

exhibite the erection and foundationes of the colledges within the

said Universitie, to be considerit be his heines, and sic as his

Grace shall appoynt; also that the saids foundatione may be sichtit,

and reformation made thereanent as effeirs.

3. Because some Jesuites are presently within this countrie, that

order may be taken with them as effeirs.

4. Because ane minister is not sufficient at all tymes to await upon

his Grace and his heines’s house, to preache, exhort, admonische,

and preserve discipline within the same; Therefore the Kirk craues

that his heines will be content to name ane uther minister within

this realme, of best qualities, to be joynit with John Duncansone,

that they may both be mutuall, await upon his Grace and the haill

ministrie of his house.

5. That because in the last conferrence, halden in Striviling be

his Grace’s command, concernyng the policie of the Kirk, certain

articles thereanent remaines yet unresolved and referred to farther

conferrence, therefore the Kirk craves at his Majestie, that persones

unspotted of sic corruptions as are desyrit to be reformit, may be

nominat be his Majestie to proceed in the farther conferrence of the

said policie, and tyme and place to be appoyntit for that effect.

6. Because the Kirk understands that his Majestie, be advyce of his

Secret Councell, directs letters oftentymes to stay the executione

of the acts of the Generall Assemblie, as also summonds ministers to

take tryall of excommunicatione pronouncit be them according to the

word of God and discipline of the Kirk, stayes the producing of the

same, as the Commissioners of the Kirk in particular will declare;

that therefore his gracious Majestie heirafter wald suffer the acts

of the Generall Assemblie to be put in executione, and namely that

excommunicatione being pronouncit, may haue the dew executione,

without controlling thereof before his Majestie and Secret Councill.

Questiones proponit be the Synodalls to the Generall Assemblie.

In respect of great inconvenients that hes ensewit, and daily does

ensew, be readers in using their office, the haill brethren hes

inhibite all readers from ministring the sacraments and solemnization

of marriage, permitting nothing unto them but the proclamatione of

the bands, simple reading of the text, desyreing ane uniforme order

to be establischit be the acts of Generall Assemblie throughout all

provinces.

Responsio: So manie readers as the Commissioners and Synodall

Assemblie findes unmeit to solemnize marriage to be inhibit be them,

in respect that syndrie brethrene besydis their ministrie hes

particular benefices, whereby the kirks where their benefices lyis

are disappoyntit of service, that ane uniforme order may be tane

that men may serve either at the kirk where the benefices lyis, or

provisione to be made for the same.

Answer: Agreit heirto.

Presbyteries wald be erectit in places where publick exercise is used

unto the tyme the policie of the Kirk be established be law. Answer:

The exercise may be judged a presbyterie.

If any aucht or may be sufferit to read within the Kirk in tyme of

necessitie, without admissioune, althoch they be elders or deacons.

Resp.: Negatur simpliciter.

If all kirks have not the same equall power to marrie on an owkday

by the Sabbath, havand ane sufficient number, and joyning preaching

thereto, as certaine particular kirks alreadie practises the same.

Responsio: It is agreit that they may marrie on feriall dayes.

What order shall be put to them that bides from the communione,

alleadging invy that they beare towards their neighbour:--the cause

thereof and uthers that neither will speak, salute, nor bear familiar

company with their neighbours, beand requyrit be the ministrie, will

not obey--oucht they to be admittit?

Responsio: Ordaynes the persones lyand under invy to be admonischit,

and the uthers not to be sufferit without reconciliatione and

testificatione of brotherly love.

What ought to be done to sic persones that after admonitione will

pass to May playes, and speciallie elders and deacones and uthers wha

beirs office in the Kirk?

Responsio: They aucht not to be admittit to the sacrament, and

specially elders and deacons.

May marriage be solemnizat any day in the weik?

Responsio: Bands being three severall Sondays lawfullie proclaimit,

the marriage may be any day of the weik solemnizat, sua that ane

sufficient number and witnesses be present.

What order shall be taken with those persones that passes to ane

popish priest to be married, their bands not beand proclaimed: shall

they be esteimit as married; and if not, what discipline shall be

usit against them?

Answer: The conjunctione is no marriage, and therefore ordayns the

persones before their particular Assemblies to be callit to satisfie

as fornicators; and upon new proclamation to be married according to

the order of the reformed Kirk, and the papist priest to be punischit.

Ordaynes the commissioners of countries and their assessors to try

within their bounds, sic of the ministrie as hes pluralitie of

benefices and offices, and to inquyre the reasons thereof, to be

reportit be them to the nixt Generall Assemblie, with their names

that bruikes the saids benefices and offices, that the Kirk may take

order for removeing thereof.

Anent the act made anent the apparell of the ministers and their

wyfis; ordayns the same to be put to executione in all poynts,

according to the tenor thereof.

The nixt Assemblie to be the secund Tuesday of July nixt to come, in

Dundie. The haill brethren present warnit thereto.

[FORTY-FIRST GENERAL ASSEMBLY.]

The Generall Assemblie, conveint at Dundie, and begune the 12th

of July 1580, where there was present the Laird of Lundie,

Commissioner for his Majestie, Commissioners of Provinces,

Townes, and Universities.

Sessio.

Exhortation made be Mr Thomas Smetone, minister of Pasley: Leitts,

Mrs Robert Pont, James Lawsone, Andrew Hay, John Duncansone. The

said Mr Thomas, be pluralitie of votes, was chosen Moderator, who

desyrit certaine brether to be appoyntit wham he would nominat to

conferr with him: Upon whais desyre, because that certaine brether

were offendit with the order of Assessors as though some tyrrannie

or usurpatione might creep in thereby, or liberty taken from the

brether, Questione was movit to the haill Assemblie if the said

order was worthie to be continued as it hes been before, or to be

rejectit as prejudiciale to the libertie of the brether; and to the

effect that all occasione of murmure may be taine away, all that wald

reasone in this questione being requyrit publickly, in fine, the

haill Assemblie concludit the said order to be good and necessar, and

to be keepit as it was before, without any hurt or prejudice to the

libertie of the brether.

The Assessors, Mrs Robert Pont, Thomas Smetone, Andrew Melvill,

George Hay, William Chrystisone, David Fargysone, John Young, Patrick

Auchinleck, Thomas Buchannan, the Laird of Braid, and John Johnstoune.

Sessio 3.

Mr John Craig, ane of the ministers of the King’s houss, presentit

his heines wryting, which was opinly read in the face of the haill

breither, with all humilitie, and praised God in his heines good

zeal. The tenor:--

Trustie and well beloved Friends, We greet you weill. We haue

direct toward yow our traist friend, the Prior of Pittenweyme, and

the Laird of Lundie, instructed with our power to that effect, for

assisting yow with their presence and councill, in all things that

they may, tending to the glory of God, and preservatione of us and

our estate; desyrand yow heartilie accept them and our good will

committit to them for the present, in good part: So, we commend yow

to God’s protectione. From our Palace of Falkland, July 12, 1580.

_Sic subscribitur_,

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. · 第 76 / 182 题