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_,