[The Book of Policie, or Second Book of Discipline, has
been already so often printed, in Dunlop’s Confessions,
the Compendium of the Laws of the Church, and separately,
along with the First Book of Discipline, that it is deemed
unnecessary to encumber the present work with a reprint of it
from the Assembly’s Register.]
Anent the CONFESSION OF FAITH lately set furth be the King’s
Majestie’s proclamatione, and subscribed be his Heines, The Kirk,
in ane voyce, acknowledges the said Confessione, to be ane trew and
Christiane Confession to be agriet unto be such as trewly professe
Christ and his trew religion, and the tenor thereof to be followit
out as the samin is laid out in the said proclamatione.
Ane method of Preaching to be printed and putt in Scotts be Mr Thomas
Smeton.
Forsuameikle as Abbots, Commendators, Priores, and Bischops, provydit
of auld, under the name of Ecclesiasticall, bruiks the rents and
revenews of the Kirks, without exercising any spirituall functione
thereof, or recognoscing the true Kirk, devowring the patrimonie of
them, and daily diminisching the rents of their benefices; The Kirk
and Assembly present, hes determined and resolved, that all such
persones before named, shall be cited before the Presbyteries, to
compeir before the next Generall Assemblie of the Kirk, to submitt
themselves thereto, as they will answer unto the Kirk.
Anent Readers; Forsuameikle as in Assemblies preceiding, the office
thereof was concludit to be no ordinar office in the Kirk of God,
and the admissione of them suspendit to the present Assemblie: The
Kirk, in ane voyce, hes votit and concludit farther, that in no
tymes comeing any Reader be admittit to the office of Reader, be any
haveing power within the Kirk.
Ordaines the Commissioners of Countries to give in the names at
afternoone with the persons they think meit, to the union and
divisione of the Kirks.
Certaine appoyntit to forme the Articles agreit on in conferrence.
The advyse of the Kirk concerning the direction of Presentations,
that they be directit to the Presbytries.
To crave of his Grace for performance of the wark intendit, that
prelats be dissolvit.
Sessio 10.
Anent the place of repentance to be appoyntit to Captaine Anstruther
for his fearfull defectione from the trew religione in the parts
of France; the haynousness and gravitie of his defectione being
weill weyit and considerit, qwhilk requyrit solemne and notorious
repentance,--The Kirk hes thocht meit, and be voteing concludit, that
his repentance be made in the city of St Androis, after the forme of
discipline sett out against the apostates.
[FORTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assembly, conveint at Edinburgh, the 17th of October
1581, qwhair there was present the Commissioners.
Sessio.
Exhortatione made be Mr Robert Pont. Leitts, Mrs John Craig, Andrew
Melvill, David Lyndsay, and John Duncansone; the said Mr John, be
plurality of votis, was chosen Moderator _hac vice_, whose absence
before noone, the said Mr Robert was ordaynit to supplie. Assessors,
Mrs James Lawsone, Robert Pont, Andrew Hay, Andrew Melville, David
Lyndsay, Thomas Smetowne, Alexander Arbuthnott, Andrew Polwart, and
David Fergusone.
Sessio 2.
The Assemblie ordaynit Mrs Adam Johnstone and John Durie to pass to
the King’s Majestie in name of the Assemblie, desyring his Heines
to direct Commissioners from his Grace to see the proceedings of
the Assemblie, and continew therein; quha returning, declareit
that for sundrie affaires of Counsell he could direct nane qwhill
Thursday, and that day his Grace sould send some instructed with his
commissione.
The haill Bishops being called, nane was present but Dunblane.
Anent the constitution of Presbytries appoyntit in the last Assembly;
The persones to whom the charge thereof was committit, being callit
to giue ane account of their diligence herein: ffor Lowthiane they
had not proceidit: anent Lynlithgow, be reason that thir diverse
yeares bygane, no Exercise hes been there, besyde the inlaike of ane
good moderatour, and therefore thocht it meitest that the Presbytrie
sould have bein in Calder, where the Superintendent micht be had to
be Moderator; allwayes referrs that to the brether.
After voteing, the Kirk concludit that the Presbytrie be still
in Linlithgow qwhill the next Assemblie, and no transporting nor
change of the place of the Presbytrie, without the determinatione
of the Generall Assemblie, as lykewayes of all uther Presbytries;
admonisching also the towne of Lynlithgow be their Commissioner,
that if good concurrance be not had be them therunto, that the Kirk
wald transport the Presbytrie from them. The rest of the Presbytries
referrit to farther deliberatione and diligence.
Sessio 3.
For eschewing of sic misorder as fell out in the persones of
Alexander Mure, minister at Falkland, quha married persones divorced
for adulterie, and Alexander Foster, minister at Tranent, who
baptized ane bairne in ane priuate house, as lykewise ministratione
of the Lord’s Supper and celebratione of marriage in priuate houses;
It is concludit be common consent of the haill brethren, that in
tymes comeing, no marriage be celebrate, nor sacraments ministrat
in priuate houses, but solemnlie according to good order hitherto
observit, under the paine of deposition of the persones that wses the
said ministratione from their office and functione of the ministrie
in tyme cuming.
Sessio 4.
The Assemblie of the Kirk gives full commissione to the Elderschip of
Dundie to call the Maister of Gray before them, to give ane account
of his professione, and to give confession of his fayth, and to
proceed against him according to the acts of the Kirk, and that with
all possible diligence.
Sessio 5.
His Majestie’s Commissioners inquyrit of the Commissioners of the
Kirk, in caice the Kirk damned the office of Bischops, qwherunto alse
is annexed ane temporall jurisdiction, wherin the Kirk is servit be
voting in Parliament, assisting in his Hienes counsell, contribution
in taxations and sicklyke,--qwhat overture they wald shew, qwhereby
the King be not prejudged be the taking away of that estate?
For advysing of this head, qwhilk the Assemblie thocht very weighty
and of great consequence, they have nominat Andrew Ker of Fawdonsyde,
the Lairds of Coldenknowes, Keir, Cardoune, Segey, the Proveists
of Edinburgh and Striveling, the Commissioners of Edinburgh,
Striveling, Leith, Perth, Montrois, Mrs Andrew Hay, Andrew Polwart,
John Porterfield, William Rynde, David Fargysone, John Rutherford,
David Lyndsay, William Edmestowne, with the sax brethrene on the
conferrence.
Forsuameikle as the King’s Majestie, with advyce of his counsell,
hes sett out and proclaimit ane godly Confessione of Fayth, to
be imbraceit be all his trew subjects, and be the same expressly
giving commandment to the ministrie to proceid against whatsumever
persones that will not acknowledge and subscryve the same, qwherein
great negligence hes been seen, far by the dewtie and office of trew
pastors: Theirfore the Kirk and Assemblie present, hes enjoynit and
concludit, that all ministers and pastores within their bounds,
with all expedient and possible diligence, execute the tenor of his
Majestie’s proclamatione betwixt and the next Synodall Assemblies of
every Province, and present before the Synodall Assemblies to the
Moderator thereof, the dewtiefull diligence in this behalfe, to be
reportit to the next Generall Assemblie of the Kirk, under the paine
of deprivatione of the saids ministers from the functione of the
ministrie, that beis negligent herein.
Sessio 6.
The brethren appoyntit to conferre upon the overture to be made to
the King’s Majestie’s Commissioners concernyng Bischops, Reportit,
That after lang reasonyng, they had agreit in this far, that twiching
voting in Parliament, assisting in Counsell, Commissioners from
the Generall Kirk sould supply the place of bishops: And as to the
exercising of the ciuill or criminall jurisdictione anent the office
of bischops, the Heritable Bailies sould use the same;--referring
to the judgement of the haill Kirk to consider of their answer, if
they thocht the same meit to be communicat be the said brother to the
King’s Commissioners: qwhilk the Kirk altogether thocht meit, and
allowit the judgement of their brether.
Sessio 7.
Compeirit James Melvill, Gentleman of the King’s Chalmer, and
presentit unto the Kirk, his Majesties writting concerning tryall to
be taken of certaine words alleadged spoken be Mr Walter Balcanquell
in his late sermone against his Heines cousine, Duke of Lennox, with
credit to the bearer, who schew that in this far he had credit to
speak, that because at the last calling of John Durie and the said Mr
Robert before the Privie Counsell, upon accompt of their sermones,
offence was taken in the Kirk, therefore his Grace laments the matter
to the Assemblie, willing them to try the matter and to putt order
therein.
The words wherein the Duke’s Grace is offendit are thir; That the
said Mr Walter had spoken in pulpit, that within this four years,
Papistrie had enterit in the countrie, not only in the court but in
the King’s hall, and maintained be the tyrannie of a great campione,
who is callit Grace; and if his Grace vald oppone himself to God’s
word, he sould haue little grace. Further, concernyng the Bischope of
Glasgow, the King’s Majestie desyrit they sould stay any proceedings
against him as bischop; yet if there be any uther thing the Kirk hes
to lay to his charge, let them use their order.
Hereunto the said Mr Walter answerit, Seeing in the King’s
Majesties letter and credite gine to the bearer thereof, he is
accusit,--praying the Moderator to suffer him to give his answer
thereto; the sum quhairof schortly shall be this: First, he praisit
God that he is not accusit of any thing wherein ather civilie or
criminallie in his life or conversatione, he hes offendit the King’s
Majestie, or his laws, whereunto with all reverence and all tymes
he is readie to submitt himself as effeirs, but is accusit of these
things whilk he hes spoken publickly in the pulpit, qwherein he hes
been mair plaine in reproveing of vice then sum men can goodlie
suffer, qwhilk is a very point of his doctrine; qwhilk, howbeit, he
heir there callit open sclander, yet he man so justifie the same,
that although all the kings of the earth wald call it erroneous, yet
he is ready here be good reasone to prove it to be the very trewth
of God; and if neid sall requyre, to seall it with his blood.
Secondlie, he praises God for this, that of his last accusation,
God hes giuen this meikle victorie to this Kirk, that howbeit then
it was callit in questione, to whom the judgement of the doctrine
sould appertayne, yet as then be good reasone it was concludit
and promised be the King’s Majestie, Counsell, and Commissioners
appoyntit therfra, to conferr with the ministers in that matter, That
in all tymes cuming the tryall of the ministers’ doctrine sould be
referrit to the judgement of the Assemblie of the Kirk, as the only
competent judge thereto; so now it is performit, and for that he sies
that promise now keepit, he thanks God, and is so meikle the more
glad to give his answer before their godlie wisdomes of the Assemblie
present, as his competent judges in this matter, and that after this
manner. As concernyng these things qwhilks he spake in his sermon the
last Wedensday, he spake them not quyetlie, but all his breither and
all the haill Assemblie heard them, and so, of all wthers, can best
judge of the same. Wherefore, with all reverence, he will submitt
himself simply unto their godly judgements, alwayes neither being
aschamitt of his doctrine, neither yet being myndit to giue advantage
to his enemies, so far as he may, whose purpose he knaws against
him in this matter. He will only requyre this conditione,--that the
canone of the Apostle Paul be keepit to him, qwhilk is this: Against
ane elder receiue no accusatione, but under two or three witnesses;
according to the qwhilk forme of proceeding, he craues in this matter
here.
Are ye, the Assemblie of the Kirk, as competent judges unto him? Here
is he ready before your Wisdomes to answer to all accusationes that
sall be layd against him, and underly your judgments therunto. Let
any man, therefore, according to the canone of the Apostle, qwhilk on
no wayes ye can break, stand up here before yow, and say he hes any
thing to accuse the said Walter off, either in lyfe or doctrine, and
hes two or thrie witnesses readie with him to prove his accusatione:
then the said Walter shall answer him as effeirs; for seeing James
Melville heard not his doctrine, and therefore will not take upon
him to accuse the said Mr Walter, he will superseid farther answer,
qwhill he sie his accuser qwhatsumever, to qwhom be the grace of God
he sall be ready to answer as accords.
The Assemblie ordayns Mrs Thomas Smetone and Dauid Fargysone to passe
to the King’s Grace with this answer;--That seeing Mr Walter is ane
brother in the ministrie, the canon of the Apostle must be keepit
unto him; and therefore the accuser, with his two witnesses, ocht to
be had. Farther, that in respect of the last calling of John Durie
before the Privy Counsell, upon ane compt of certaine words alledgit
spoken in his sermone, ordour was taken be certaine Commissioners
of Counsell and brether of the Kirk, that in case such accusationes
afterwards should fall out in the Kirk, sould haue the judgement
thereof; and if the King’s Majestie please to send any Commissioners
to be present at tryell, they sould see the proceedings of the Kirk;
Therefore desyres his Majestie to send Commissioners to sie this
matter tryed, seeing the Kirk is most willing to try the same.
Sessio 9.
Anent the establishing of Presbyteries, the Kirk assemblit hes
nominat certaine brether to travell diligently in erection of
Presbytries, as they shall be severallie devydit, betwixt and the
next Assemblie; and ordayns their brother, Mr James Lawsone, to penne
the forme in proceeding in erectione thereof, that the brether being
informit of the order, may uniformlie proceed therein. For Falkland,
Mrs Walter Balcanquall, Patrick Adamsone, my Lord Rothes, Balvaird
and Creich.
Sessio 10.
Articles qwhairof Mr Robert Montgomrie, minister at Striveling,
was openlie accusit in the Generall Assemblie, anent his
doctrine.
1. That publicklie preaching in the kirk of Striveling, he proponit
a questione touching the circumcisione of women, and in the end
concludit, that they war circumcisit in the foreskin of their
forehead.
2. In Glasgow, he openlie taught that the discipline of the Kirk is
a thing indifferent, and may stand this way or that way.
3. He accused the ministers that they used fallacious arguments and
captious, and that they were curious braines.
4. So far as he could, he travellit to bring the originall languages,
Greek and Hebrew, in contempt, abuseing thereto, the words of the
Apostle, 1 Corinth. 14--and tauntinglie askit in what schoole were
Peter and Paul graduit?
5. To prove the corrupt state of bischops in our tyme, he brocht
furth the examples of Ambrose and Augustine.
6. It is sufficient to baptize in the name of the Father only, or in
the name of the Sonne, or in the name of the Holy Ghost, because they
are all one God, and to that effect alleadgit 19 of the Acts.
7. The matters of Discipline and lawfull calling in the Kirk, he
callit trifles of policie.
8. He accused the ministrie of seditione and leise Majestie, saying,
exhorting them not to be seditious, nor meddle with hie matters, to
leave off, to put on crownes and off crownes, for if they medlit any
farther therewith, they wald be reprovit.
9. He condemnit the application of the Scripture to the particular
manners and corruptions of men, mockingly asking, in what Scripture
they may finde a bischope for a 1000 pund, horse, corne, and pultrie,
and when they teache of luife, how cold they fund Judas?
10. He oppugnit the doctrine of Christ, quho pronounces that the most
part are rebellious and perische.
11. He denyed, that in the New Testament any mentione was made of the
Presbytrie or Elderschip.
12. He accusit the ministers of pasquils, of grudging and murmuring,
of trouble and confusione, of lying and backbyting, saying, where is
it? who will do it? what fault can they find with the Court? As for
myself I find nane.
13. The Kirk being traducit be pasquilles and infamous libells,
not onlie purgit he not the Kirk or himselfe thereof, having good
occasione, but rather approvit the same.
14. He used his preaching against the ministrie, the very words of
the lybell that was cast in the King’s chamber against them.
15. This quarter year bygane, he hes been negligent in doctrine,
discipline, and assisting of the Elderschip.
Sessio 12.
Heads referrit from the Synodall of Lawthian to the Generall
Assemblie.
1. First, That ane universall order be taken and made be the Generall
Assembly, for excommunicatione, tryall, admissione, and ordination of
ministers.
2. To inquyre what persone of the ministrie shall designe gleibs and
manses; and seeing that the Synodall Assemblie of Lawthiane hes
thocht good that every Presbytrie sall direct some of their oune
number, to designe gleibs and manses within their awne bounds, we
crave the consent of the Generall Assemblie that the same may be
universall; and, where there is no presbytrie, to appoynt who shall
designe the same.
3. Qwha shall await upone the plat for modifieing of the ministers’
stipends.
4. Qwhat answer shall be gine to the King’s Majestie concerning the
union and disiunctione of Kirks.
5. That ane uniformitie be used for summonding of persones before the
Presbytrie, and proces that is to be led before the same.
6. To suit that the tryall and admissione of all masters of schools
be now joynit to the Presbytries.
7. Seeing we of the Synodall of Lawthiane, hes agreit that
disputationes sall be every day of the exercise in every Presbytrie,
and speciallie upon such articles as are in contraversie betwixt us
and the Papists, for avoyding of negligence of ministers, and to
the end we may the better withstand the adversar, that the Generall
Assemblie will appoynt the forme thereof.
8. What order shall be used with Ministers and Readers that setts
their gleibs and manses, as ye oversie the same.
9. That ane article be suitit be the Generall Assemblie at the
Parliament, that all marriages without consent of parents,
proclamations of bands, or utherwayes without the awne solemnities
according to the order of the Kirk, be decernit null.
10. To crave that ane act of Parliament be made against them that
pass in pilgrimage, and uses superstitione at wells, crosses,
images, or uther Papisticall idolatrie, or observes feasts and dayes
dedicated to Saincts, or setts out beanefyris for superstitione.
11. Seeing the act of Parliament appoynts them that are convict of
notorious adulterie, and throw the ambiguous expositione of this word
notorious, no execution is used thereupon; therefore, for avoyding
the plagues of God hingand above this haill countrie for this cryme,
That the Generall Assemblie wald crave that ane act be made in
Parliament for punishment of all persones to the death, whosoever are
lawfully convict of adulterie.
12. Seeing ane act of Parliament is made anent discharging of mercats
upon the Sonday, and no executione hes followit thereupon, qwherthrow
the people absenting themselves from the Kirk, and waiting upon
the mercat, continews in ignorance, and be these means, Atheisme
increases, desyre that sum order may be taken in this Parliament--The
execution of the said act, that sum punischment may be appoyntit
againes the magistrates that puts not the same in executione,
notwithstanding any private dispensation in the contrarie.
13. That ane act of Parliament be made for provisione of gleibs and
manses to such ministers as teaches at Abbay Kirks, lyke as they are
provydit for others.
14. Because there is ane act of Parliament that all Presbytries and
prebendaries shall be gine to scholers to hald them at the schools,
and it is of veritie that there is verie many of these sorte that
is of cure of saules and paroche kirks, nottheless, be reasone of
the act of Parliament, they are gine to courteors; therefore we
desyre that there be ane act of Parliament, that all presbytries and
prebendaries that hes cure of saules, may be gine to nane but to
ministers, and that if any be gine, to be null in all tyme cuming.
Sicklyke, Prebendaries foundit to schools and masters teaching the
same be gine, conforme to their foundatione, to schoolmasters for
instructing the youth; and if the same be disponit wtherwayes, the
dispositioune to be null.
Answers made to the saids Headis.
Anent the first article the Kirk hes ordaynit William Chrystesone,
Mrs Andrew Melvill, Thomas Smetowne, Alexander Arbuthnott, and James
Lawsone, to consider the ordinar and extraordinar houres, and to
report their judgement to the Kirk, and Mrs Andrew Hay and Nycoll
Dalgleische to assist them.
As to the second, the first part is agreit upon; and qwhair
Presbytries are not yet, nor cannot be erectit, the Commissioners
qwhilks were before appoyntit to remaine Commissioners yet to that
effect.
For satisfying of the third, the Kirk hes nominat the Commissioners
underwritten, viz. The Commissioners of Orknay and Zeitland.
For answering to the fourth concerning the King’s Letter, ordayns the
Clark Register to be consultit upon the answer.
To the fifth, referrs the forme thereof to be conceivit in wreit be
Mrs David Lyndsay and Patrick Adamsone betwixt 6 and 9.
As to the saxt, agreit to be proponit in article to the Parliament.
The 7. referrit to the Elderschips, and allwayes where thir
disputationes may be had, the Kirk thinks them good.
For answer to the 8, the acts of the Assemblie to be put in
executione against such persones be the Elderschips.
The 9. Ordaynes this article to be cravit at the Parliament, beand
first well qualifiet and presented to the Kirk.
The 10 sicklyke--11 agreit--12 sicklyke; and the Kirk to proceed
likewise against the violators of the Sabbath day and maintainers of
them. The 13 and 14 agreit.
Sessio 12.
Forsuameikle as be the great and many divisiones and deidlie feids
rysing in all the quarters of the realme, not only is the word of
God and trew Religione burdenit with sclanders, but also the commone
weill enormlie woundit and hurt, discipline and all good order
confoundit, brotherlie charitie and amitie aluterly contemnit, to
the grief of good men’s consciences: Heirfore the Kirk hes injoynit
to their lovit brether John Durie, Mrs David Lyndsay, Andrew
Polwart, Andrew Hay, Thomas Smetoune, the Ministers of Aire and
Irvine, to travell in the Wast; James Lawsone, John Braid, David
Lyndsay, to travell betwixt my Lord Gowrie and Olyphant; the Lairds
of Culluchie, Kynnaird, the Baillie of Arroll, Patrick Adamsone,
William Chrystisone, and Mr James Balfour, to travell in Angus,
betwixt my Lord Crauford and Glames, and effectuouslie interveine for
reconcileing of the saids pairties and uthers falling out in all thir
quarters: requyring them, in the name of God and of the haill Kirk,
to live in unitie and peace with uthers as brether and members of one
body, and not to giue occasione, be their divisione, of sclander,
and open the mouthes of the enemies, to burden the evangell with
calumnies, as they will schaw themselves the sonnes of peace.
Sessio 13.
The Kirk, both for provisione of St Androis and uthers burghs wanting
pastores, hes nominat certaine brether, out of qwhais number so many
shall be electit, to be placeit in the saids roumes qwhais names
follows: Mrs James Greig, Alexander Hoome, William Rynd, George
Hay, George Patersone, Gilbert Gardine, Alexander Denmure, James
Hammiltone, James Melvill, James Balfoure, John Knox, David Lyndsay,
Thomas M‘Gie, Michael Cranstowne, James Andersone, and William
Auchmoutie, Ordayning the breither that knawis any uthers persones
qualified of the ministrie, to giue in their names afternoone.
Anent the corruption of Burialls within the towne of St Androis; the
Assemblie hes ordaynit Mr Patrick Adamsone, to put the act of the
Kirk to executione against the persones that hes contraveint the same.
Sessio 14.
The haill brether are admonisched to observe the act made alreadie
anent the marriage of pairties divorcit for adulterie, under the
paine therein conteint, qwhill the questione be fullie resolvit, upon
the advyce and consent of the haill Kirk.
Sessio 15.
Anent the desyre of Mr Walter Balcanquall, minister of Edinburgh,
desyrand, that according to the King’s Majestie’s directione to
the Kirk, his accusatione may be lawfullie tryit, and his accuser
and witnesses brocht before; or else, seeing he spak nothing but
publickly in face of the haill brethren, that they sould giue their
judgment and determinatione in the matter, submitting him reverently
unto their wisdomes.
The Brethren present, ordayned Mrs David Lyndsay and Thomas Smetone
to pass to the King’s Majestie, and schaw their good will to haue
the matter tryed conforme to his wreiting; desyring his Grace for
that effect, that the accuser, with his two witnesses, be brocht
before the Kirk, as also if it be his heines pleasure to send some
Commissioners from the Council, to sie the matter rightly judgit and
proceedit in be the Kirk.
Anent the supplication gine in be John Craig, appearand of
Ramuscraig, and Agnes Irving his spouse, desyrand that the
Commissioners of Edinburgh sould be requyrit to superceid the
cause of Barbara Keith against them before the said Commissioners;
the saids Commissioners being present, the Kirk requyrit them in
this particular, as also in uther things that appears to towch the
Jurisdictione of the Kirk, that no wayes they proceid qwhill they
conferr with the Prior of Pittenweyme, Mrs Robert Pont, Alexander
Arbuthnott, who sall concurre with them the morne at nyne houres, and
reasone both anent their jurisdictione and the jurisdictione of the
Kirk, that neither of them usurp uthers jurisdictions; and herein
to report their judgement to the Kirk; requestand also the saids
Commissioners, that dureing the dependance of this conferrence, no
farder be proceeded in the said cause; unto the qwhilk conferrence
the said Commissioners agreit.
Sessio 16.
The Brethren direct to the King’s Majestie and Councill, reportit,
that be reasone of the greit affaires of the King and Counsell, they
could gett no answer of such things as they were direct for.
Sessio 17.
The Kirk consentit to the supplicatione of Alex^r. Borthwick,
minister at the kirk of Livingstone, quho being an actuall minister
and of meine literature, humbly desyrit the Kirk to grant him licence
to gang to some universitie within this countrie, where he may study
theologie, and haue sum kirk near adjacent to travill there in the
ministrie; in the meane tyme so meikle the rather as he hes obteinit
leave of his flock quho may at this tyme be easilie provydit.
Ordaynes Mr David Lyndsay to passe to the Session of Edinburgh,
and desyre them to declare, if they, or any of them, fand any
errors, sclander, or offence in the sermone preached be Mr Walter
Balcanquall, upon Wodensday was aucht dayes.
Sessio 18.
Anent the accusatione gine in be Mr Androw Melvill, Principall of the
new Colledge of St Androis, against Mr Robert Montgomrie, minister
of Striveling, and his answer made thereto _verbo_ before, and gine
in this afternoone in his name; the Kirk being resolvit therewith,
admitts to the said Mr Androw his probatione, the contents of the
saids articles, assigning to him the morrow to prove the samen: And
ordaynes the officer of the Kirk to warne Mr Robert to compeire
the morne, at ten houres, in the Assemblie, to hear witneses and
probatione recevit.
The haill Assembly being of good mynde, and well affectionat to try
the poynts of the accusatione gine in be James Melvill, Gentleman of
his Majestie’s Chalmer, in name of the Duke of Lennox; and haveing
diverse tymes travellit with his Majestie that the Rules of the
Apostle sould be keepit to their brother, and the accuser, with
his two witnesses, brought before; as likewise, that his Majestie
wald direct some Commissioners from his Counsell, to understand
herein the just proceedings of the Kirk; qwherin sieing no effect of
their suit, yet, for satisfactione of the King’s Majestie’s Letter,
and removing all the sclander that may aryse heirby, first direct
certaine Commissioners from the haill Assemblie unto the particular
Kirk of Edinburgh, qwhereof the said Walter is minister, Requyring
of them, if, in the said sermone, qwhilk was made upone Wedensday
was aucht dayes, they or any of them had fund, or finds, any word
spoken qwhilk was erroneous, sclanderous, or offensive; qwhais answer
being reportit be ane brother of their Sessione, that they had heard
nothing spoken be him therein that was either erroneous, sclanderous,
or offensive, but good and sound doctrine, qwhereof they desyrit the
approbatione of the haill Kirk conveint: The haill Assemblie, voting
particularly in this matter, but any contradictione, Declareit that
they nor nane of them fand or finds any fault in the said sermone,
nothing spoken therein that conteint either error, sclander, or just
offence, but solide good and trew doctrine; praysing therein God, and
justifying their brother of that accusation qwherewith he is chargit.
Sessio 19.
Anent the jurisdictione of the Commissariot of Edinburgh, and wherein
they medle with the jurisdictione of the Kirk; seeing the matter
hes taken sum reasonyng betuixt the brethren appoyntit, and the
Commissioners, and farther reasonyng yet requyrit; The Kirk ordayns
Mrs David Lyndsay, Robert Pont, James Lawsone, with the Prior of
Pittenwyme, to travell in the conferrence of this matter, as also
upon the particular of Barbara Keith, with sic diligence as is
possible, and to draw the reasonyng to sum poynt, qwhereof the Kirk
may be informit at the next Assemblie.
Sessio 20.
The brethren sent to the King’s Majestie with the articles of
accusatione gine in against Mr Robert Montgomrie, returnit his
Majestie’s answer: that he had received them very thankfullie, and
was content that the accusations proceeded against him, as minister:
farther, that in the heads of religione, he agried from his heart
with the Kirk of Scotland, albeit in sum heads of policie he was not
yet resolvit.
The General Assemblie giues their full power and commissione
to the richt honorable and their belovit brether, the Laird of
Braid, Andrew Kerr of Fawdonsyde, Mr Thomas Craig, advocat, and
John Johnstone, Commissioners of Edinburgh, the Provest of Dundie,
Alexander Scrymgeour there, Alexander Rutherfurd, Commissioner of
Aberdeen, Henrie Adamsone, Commissioner for Perth, Robert Lichtoune,
Commissioner for Montrois, the ministers of the King’s houss, the
ministers of Edinburgh, Mrs Robert Pont, David Lyndsay, Andrew Hay,
Andrew Melvill, Thomas Smetoune, Patrick Adamsone, George Hay,
David Fargysone, Adam Johnstoune, James Carmichaell, John Braid, or
any aucht of them, to present to the Lords of the Articles of the
Parliament, such heads, articles, and supplicationes as are gine to
them be the Kirk.
The Kirk ordaynit Mr Andrew Melville to produce his witnesses in his
accusatione against Mr Robert Montgomrie, qwho instantly producit Mr
Robert Darroch, minister of Drume, Mrs David Weymes, John Craige,
Patrick Adamsone, John Howstone, John Wright, Thomas Buchanane, and
James Carmichael. All thir witnesses being sworne and admittit,
The Kirk, notthelesse, that the said Mr Robert sould not think
him defraudit of any lawfull defence in his absence, reservit any
objectione he hes against the persones of the saids witnesses, in
caice he come upon Munday at ten houres; and ordaynit the said Mr
Robert, because of his departing off this towne, to be instantly
examinat be David Fargyson, William Chrystesone, Mr James Balfour,
the Lairds of Fawdonesyde and Carletowne, Mr Paul Fraser, or any
thrie of them; and his deposition to be put in wreit, and reportit to
the Assemblie; and as to farther probatione, if the said Mr Andrew
will take any uther tyme, ordaynit him to warne Mr Robert therto.
Sessio 21.
Anent the provisione of the Kirk and St Androis of ane pastor, the
Kirke hes thought it meit that the pryor and towne of St Androis
nominat such ane of the brethren whom they have best lyking of, to
serve the cure, and to propone him unto the ministers of the King’s
house, the ministers of Edinburgh, Mrs David Lindsay, John Braid,
Mr Adam Johnstone, David Fargysone, Mr Andrew Melvill, William
Chrystesone, the Lairds of Braid, Pilrige, Collwchie, and Lundie,
to whom, or any aucht of them, the Kirk gives commissione to give
assent in their name thereto, and to place him there, provyding they
find no lawfull impediment that may stay their placing there, or
that they be not ane of the colledges qwhome the Kirk exeims, for
considerationes, therefrom: And sicklyke, that with their advyce, the
minister presentit may be sufficiently provydit, as also his kirk
qwhairfrom he is taken be also staikit.
Sessio 22.
Ordaynes ane supplication to be made to the King’s Majestie and Lords
of the Articles, that no acts be past in Parliament repugnant to
the trew word of God, and namely concerning bischops, with scharp
admonitiones therein, to be pennit be Mrs Thomas Smetowne and Andrew
Melvill, and the samen to be presentit with the articles the morne,
at aucht houres, be Mrs James Lawsone, David Lyndsay, Andrew Melvill,
Andrew Hay, Thomas Smetowne, and Johne Braid.
Sessio 23.
The Assemblie giues full power and commissione to the presbytrie
of Striviling to summond Mr Robert Montgomrie, minister there,
before them, and to try and examine his lyfe and conversatione; and
accusatione, to be gine in thereanent, with all possible diligence;
and what they find therein, to report to the next Synodall Assemblie
of Lawthiane, to qwhom the Assemblie gives power to proceed against
him, according to the tryall of process deducit before the said
presbyterie, under the pain of disobedience: Sicklyke, charges
the said Mr Robert to continew in the ministrie of the kirk of
Striveling, and not to medle with any uther office or functione in
the Kirk, namely, in aspireing to the bischoprick of Glasgow, against
the word of God and acts of the Kirk, or to vex any of his brether
with his admissione thereto, under the paine of excommunicatione
to be led against him: whereunto if he disobey, as after tryall
taken of his disobedience be the said Presbytrie, the sentence of
excommunicatione to be execute be them, with advyce and concurrence
of John Durie, David Fargysone, John Duncansone, and John Dykis, and
this charge to be intimat be the Moderator of the Assemblie to the
said Mr Robert, that he pretend no ignorance thereof.
The Articles and Supplicatione to be presentit to the King’s Majestie
and Lords of Articles, were read and allowit; the tenor whereof is
not sett downe in the originall.
[FORTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assembly, conveint at St Androis, in the New
Colledge Schools, the 24 of Apryle 1582, where there was
present the Commissioners.
Sessio.
Exhortatione made be Mr John Craige. Leitts, Mr Andrew Melvill,
David Lyndsay, and David Fargysone: The said Mr Andrew, be plurality
of votis, was chosen Moderator _hac vice_; at qwhais desyre Mrs
John Craige, James Lawsone, Andrew Hay, David Lyndsay, Robert
Pont, Thomas Smetowne, Andrew Polwart, Thomas Buchanane, Patrick
Adamsone, my Lord Rector, the Lairds of Lundie, Merchinstoune, Braid,
Pilrige, Elphinstoune, Patrick Kynnynthmond, and John Johnstoune,
Commissioners of Edinburgh, were nominat Assessors.
Sessio 2.
Anent Falkland Presbytrie being at thrie ministers, qwhairof ane was
fund sclanderous; it was answerit, that the brethren could establish
no Elderschip there, bot they thocht meitest, qwhill God increased
the number of preachers there, that their resort sould be to St
Androis, if the Assembly thought it expedient.
The Assembly ordaynes these of Falkland, be-east Levine, to resort to
St Androis; and these be-west to Dumfermling, unto the tyme it please
God to giue commoditie of ministers and elders, that they may have
their awne Elderschip.
It was reportit to the Assemblie, that ane Elderschip is begune
already in St Androis, of pastors and teachers, but not of these that
hes the cure of teaching.
Sessio 3.
Forsuameikle as, notwithstanding of many diverse godly acts
and proclamations sett out be the King’s Majestie, as acts and
constitutiones made be the Kirk against Papists resorting within
this countrie from beyond sea; yet, from tyme to tyme, there arryvis
syndrie professing plain papistrie, be moyen of the maisters and
owners of schips receiving them in their vessels, and transporting
them in thir pairts, unknawne either to magistrate or Kirk;
wherthrough no just tryall could be had of them: For remeid thereof
the haill Kirk hes votit and thocht meit, that in tyme cuming, all
masters and awners of schips arryving within whatsumever port of
this realme, strangers and passengers shall, immediately after their
arryvall, present their names to the Magistrate and Sessione of the
Kirk of the townes and ports where they arryve, to the effect that
the knawledge may be had if they haue inbrocht any papists, under
the paine of excommunicatione and censures of the Kirk to be execute
against them; and this Act to be publickly intimat to the ministers
of the saids townes and ports,--to the effect that no ignorance be
pretendit heirof; and suchlyke, supplicatione to be made to the
magistrates of the saids townes and ports, that they will giue charge
and commandment to all masters and owners of schips within their
bounds, to receiue no papists within their schips, to transport to
this countre: and in caice any be receivit, to present their names
immediatly after their arryvall unto the said Magistrates and Kirk,
that order may be taken with them, under such strait paines and acts
as they can best devyse; as they will declare themselves zealous of
God’s glory, and promoters of the word of his Sone Jesus Christ.
Sessio 4.
The Kirk ordayns the Elderschip of Dumfermling to call before them,
Robert Aytowne of Inchbervy, to giue confessione of his faith;
and if he refuises, to proceed against him conforme to the King’s
proclamation and acts of the Kirk.
Forsuameikle as the Kirk understands, that there is certaine papists
in Camphier, that not only troubles the congregatione of the
Scottishe natione, but also the Fleymingis, and will not submitt
themselves to the censures of the Kirk, be reasone of their alleadged
priviledges: heirfore the haill Kirk of Scotland, in ane voyce,
gives their full power and commissione to the minister of Camphier,
to proceid against them, as they ought to doe therein themselves;
requestand also the Conservator to hold hand unto the Kirk, that
order may be had against them.
Sessio 5.
Mr Mark Kar, my Lord of Requests, presentit ane letter to the
Assemblie from His Majestie, the substance whairof is conteinit in
the Articles after following.
Articles from his Majestie.
1. Qwhither think ye that all benefices under Prelacies, newlie
provydit since the King’s corronatione, sould pay any thrid, or no
thrid?
2. If some sould pay thrids, and some nane, what shall be the
difference?
3. Should not all benefices presentit to Ministers and Readers before
the first day of November 1581, be allowit in their year’s stipends
from the same day of the first day of November 1582; and if ye
think that there shall be any difference be reasone of the annat or
utherwayes, that ye declare it?
4. Should not all persones presentit and admittit to benefices in
this tyme, be placed in the book of Modificatione, as Ministers or
Readers, the kirks belangand to the same benefices?
5. Aucht such, being ministers, as hes sufficient ecclesiasticall
livings of their awne, be reasone of benefices qwhairunto they are
provydit for their lifetymes, take stipends to serve at uther kirks?
6. Think ye it not convenient, that the Reports answering to the
King’s Majestie’s letter, send over all the realme this last
summer, shall be sein and considerit at this tyme, for the better
understanding of the estates of the kirks, and to see how many of
the same reports are in your awne hands, for so many as the Clerk of
Register hes shall be readie and patent?
7. That ye latt us wnderstand what ye haue thocht meit and concludit,
anent the Readers in generall, and speciallie Readers that are
presentit to viccarages for their lyfetymes?
8. Think ye it reasone, that any presentit to the title of a
benefice, and serving as minister and reader at the only kirk
belonging to the same benefice, shall haue any manner of allowance or
stipend nor the rent of the selfe same benefice?
9. What think ye most readie and possible to sustaine the colledge
kirks?
10. To qwhom think ye the King’s Majestie and the lawit patrones
sould direct the presentationes for admitting qualifiet persones
to such benefices as shall happen to vaike, be the deceiss of the
present possessors of them, and that ye will name the persones in
speciall?
11. Seeing the dearth of victualls maks great inequalitie of
stipends, some haveing victuall allowit for ane mark or xx. shilling,
and uthers of that silver assignit to them, constraint to buy at 5
or 6, or sumtymes 7 merks the boll; were it not agrieable to equitie
that all ministers had their proportionall part of victuall and
money, or else that the victuall sould be sauld or allowit at the
hyest pryce, qwherthrough such as hes small stipends may be the
better augmented?
Answers to the Articles.
1, 2. To the first and second: before they be speciallie answerit,
it is thocht meitest, that there be ane forme of assignatione made
be some to be appoyntit thereto, betwixt and the next Assemblie,
to all kirks and ministers that are licklie to stand and continow,
respectand the answers and advyce sent out of everie countrie, and as
if the present possessors were dead; and that chairges be direct to
such as hes not sent their answer, to send them with expeditione.
3. It is thocht meitest that the intrant to any benefice shall enter
and serve the cure of the kirk thereof, at the next first day of
November, after his admission at the next Whitsonday, and shall have
no farder stipend for this year, but the taxt or superplus, as it
falls; because his executors will fall alse meikle at his deceiss,
according to the ancient order of the annatt: and that diligence be
done to gett rowis of all benefices taxt; and qwhatever benefices are
not taxed, the rents thereof the first year to be devydit equallie
betwixt the executors of the defunct and the intrant; qwhilk intrant
shall only have the half fruits of the year of intrantie, and
sicklyke of the stipends.
4. We think nane sould be placit in the book of modificatione but
worthie and qualified persones; and if any be presentit or admittit
to benefices since the King’s coronatione, that are unworthie or
unable to discharge their dewtie, that they be callit and depryvit,
be such order as shall heirafter be condescendit upon.
5. For the generall, we think that such being ministers, as hes
sufficient livings of their awne, be reasone of benefices qwhereunto
they are provydit for their lyfetymes, sould not take stipends to
serve at uther kirks, without great necessitie seen and allowit
be the General Assemblie; and upon the speciall knawledge of the
persones that are not able in this head, order shall be taken to
reforme them as appertayneth.
6. We think this thing most necessar and agrieable to that qwhilk is
appoyntit in the answer to the first and secund articles.
7. This article shall be speciallie answerit, how soon it may be
advysed be the Generall Assemblie.
8. Upon the sicht of the forme of the particular assignation to be
made, and what particular causes shall fall under this rule, We shall
give our speciall answer heirunto, qwhilk is concludit, and will
depend upon the answer to be made to the first and second articles.
9. We cannot but think it reasonable, that the Colledge Kirks be
also weill provydit of ane minister as wther kirks; and thinks, that
in making new assignationes for the next year, the ministers of the
Kirks of the Colledges, sould be assigned for his stipend upon the
fruits of the same kirks, alseweill being assignit to the help of the
Colledge wtherwayes, or then the Colledge to haue the rents of the
kirks as before, and the minister to haue his assignatione utherwayes.
10. The presentation to be directit to the Commissioners of the Kirk
within whais bounds the benefices lyes.
11. This matter is weightie, and touches manie, and cannot be weil
answerit be us, without the advyce of the Assemblie, to qwham it
shall be proponit, and thereafter resolute answer given.
As the examination and admission of Ministers within this realme is,
be act of Parliament, ordaynit to be in the power of the kirk, now
openly and publickly professt within this realme, so it is thocht,
that the deprivatione of ministers is in the power of the same kirk,
and them that admitts and examinats them, ministers.
Towards the deprivatione of Bischops admittit since the King’s
coronatione: it is thocht meit that the same be lykewyse in the power
of the Kirk, and them that examinats, elects, and admitts Bischops,
and the same deprivatione alseweell to extend from this functione
of the ministrie as from the benefice itself and fruits thereof,
qwhairthrough the same may be declaired vacand, and to be presentit
and conferrit of new, as if he were naturallie dead.
Causes of deprivatione we take it to be--heresie, papistrie, common
blasphemie, perjurie, adulterie, fornicatione, incest, slauchter,
theft, common oppression, common drunkenness, wsurie against the
lawes of the realm, nonresidence and absence from his flock and
office be the space of fourtie dayes together in ane year, without
lawfull impediment allowit be the Generall Assemblie; pluralitie
of benefices provydit sen the King’s coronatione, to be cause of
deprivatione from them all except ane, that the possessors will
astrict themselves to make residence at the same; dilapidatione of
the rents of benefices contrare the act of Parliament; simonie: For
the forme of deprivatione, ane lybellit precept on fourtie dayes
warning within the realme, and within sixty dayes being without the
realme, to be direct to the Kirk and such Commissioners thereof,
as elects and admitts the persone complaint on--summonding him to
compeir and answer upon the complaint; and, in caice of his absence
at the first summonds, the second to be directit upon the lyke
warnyng, with certification if he failzie, the lybell shall be
admittit to probation, and he shall be haden _pro confesso_. Efter
the decreit gine, if the persone against qwham it is gine think
himselfe wrangouslie grevit thereby, it shall be leisum to him to
interpone appellatione to the next Generall Assembly, and intimat
the same within ten dayes, utherwayes the decreit to receive present
executione.
Sessio 6.
Anent the questione moveit to the Assembly, If the Generall Kirk hes
power to revoke whatsoever things done be them, or any particular
member of the same, to the hurt and prejudice of the Kirk, or not?
The brethren, after reasonyng and disputting in the matter, at lenth
votit _affirmative_ in the questione--that the Kirk hes power to doe
the same.
Anent the summonds raisit, to this day, by the Elderschip of
Striviling against Mr Robert Montgomrie, minister ther of sumtyme,
to heir the sentence of suspensione gine in against him from the
ministrie allowit be the Generall Assembly; and farder to the clause
concernyng his life, manners, and doctrine, and uther things qwhilks
the said Assembly sould lay to his charge; as the summonds at length
beares: The said Mr Robert being present, and requyrit to answer
heirto, before all protestit, that if the Kirk proceeded in any thing
against him, or charge him without warrand of the word of God, for
remead and answering to the summonds, albeit the Generall Kirk sould
not allow any thing deduced in the said proces; because he was never
lawfullie summoned thereto, knew nothing thereof his suspension from
the ministrie, but the only bruit, nor never was the samen intimat
to him, and in so farr as the proces being personall, intimation to
him of the said suspension, took instrument thereupon, and offerit to
improve the samen in that poynt: With all the qwhilks alleadgences,
the Kirk and brether weell advysit, notwithstanding thereof, Finds
the said proces, decreit and intimatione thereof, ordourly deducit
and proceidit, and the said suspensione well proceidit and gine;
reserving nottheless to the said Mr Robert, in the secund instance,
to sute reductione and remeid, as appertayneth.
Being farther accused of contraventioune of the said sentence of
suspensione be preaching of the word, and ministratione of the
sacraments afoir the intimation thereof, he granted the same, but
pretended ignorance of the giving of the said sentence.
Before farther reasonyng in this matter, my Lord of Requests
presentit to the Kirk, a wryting sent from the King’s Majestie
unto them, to declare that his Majestie’s will was, That the Kirk
should not trouble the said Mr Robert for any thing concernyng the
bischoprick, or that may result thereupon, or of any uther cause
bygane, committit be him; but that it might be handlit before his
Grace: Qwhilk being reverently receavit and read in open Assemblie,
the breither praisit God that movit the King’s heart, to send his
Commission to the Assemblie; and as to the action present, with the
assistance of God, such attendance sould be gine thereto for his
Grace’s request, that nothing sould be handlit belonging to the
civill power, and nothing but uprichtlie, sincerly, and with the just
judgement pronuncit against him, as they sould answer to God and his
heines.
Sessio 7.
Hereafter ane plaine and lange discourse was made openly, of the
haill diligence of the brether to qwhom Commissione was gine in
the last Assemblie, concernyng the said Mr Robert, and the copies
of the charges given to them at his instance, producit, declareing
and bearing effectuouslie, witnessing of his knowledge of the said
suspensioune, albeit he plainly protestit before God, he never knew
of the raising of any of the said charges or executiones thereof;
with the qwhilk discourse and confessione of the said Mr Robert, that
he had preachit and administrat the sacraments sen the said decreit
of suspensione; The Kirk being advysit, in ane voyce, after voting,
ffand the said decreit and sentence violat be him, and superceidit to
decerne upon the paine of the said contraventione, qwhill the morne
that the brether first conveining.
The said Mr Robert demandit the answer of the haill Kirk, if they
wald accuse him of any thing concerning the Bischoprick or any thing
resulting thereupone: 2dly, That he might have the copy of the large
discourse made verballie be the brethren, to the effect he might
answer simply to every poynt thereof.
Being removit out of the Assembly, within a little space thereafter
compeirit John Burne, messenger, and be vertew of our Soveraigne
Lord’s Letters, delyvrit be the Lords of Secreit Councill, inhibit
and dischargit the brethren of the Generall Assembly, the Moderator
and his Assessors, from directing any citations against Mr Robert
Montgomrie, as is therein contenit, wsing of excommunication,
innovatione, sclandering or troubling of him in his ministrie, for
aspyring to the Bischoprick of Glasgow, or calling or persewing
of his breither for the same, or for any promise made be them
thereanent, or any uther thing dependand thereupon, in tyme bygane,
under the paine of rebellion, and putting of them to the horne;
certifyand them and they failzie, he wald denunce them our Soveraigne
Lord’s rebells, and put them to his heines horne: of the qwhilk
charge he delyverit instantly ane copie qwhilk he subscrived with his
awne hand.
The said Mr Robert being callit again, and being absent, the brether
ordaynit Mr Thomas M‘Kgill to warne him the morne.
Anent the age of persones that shall hereafter enter in the ministrie
of the word: seeing that sundry hes been intrusit upon the Kirk, and
presentit to benefices having cure, that be reasone of their young
yeares and laick of experience and judgement, that cannot be able to
discharge that high and sacred vocatione, qwherunto they are callit;
The Kirk of ane mynd hes votit and concludit, that in tyme cuming,
naine be admittit to the functione of the ministrie, nor collationat,
nor admittit to any benefice of cure, without they be of the age of
twenty-fyve yeares, except such that for singular and rare qualities
into them, shall be judgit be the Generall Assembly meit and worthie
thereof.
Sessio 8.
Anent the ordinance made yesternight concerning the summonding of
Mr Robert Montgomrie, to compeir before the Assembly this day at
ten houres: the said Mr Robert being callit and not compearand, but
be William Montgomrie his alleadgit procurator, qwha producit ane
appellatione qwhereof the tenor heirafter will appear.
Compearit Mr Robert M‘Kgill, and declareit, that at command of the
Assembly, he warnit him yesternight to compear at this houre, before
the haill Kirk, personallie, in presence of Mrs Walter Hay, John
Cowper, and Andrew Ker, and that he promised to compeir personallie
at the hour appoyntit, qwhilks the said brether and witnesses
testified to be trew.
Hereafter was certaine speciall and innorme crymes producit and
read, qwhairof he was alleadgit to be guiltie. 1. Negligence and
corruptione in doctrine, also dissollutione in lyfe, for the qwhilk
he was suspendit; contraveining of the suspensione in Glasgow,
Strivelling, and in the King’s owne chappell; violating of his
promise made to the Presbytrie of Striviling, that he sould remaine
and wait upon his cure; horrible lies in the face of the Assemblie,
denying, with protestatione before God, the intimatione of the
suspension, and raiseing and executing the letters; procureing of
letters be sinister informatione for overthrowing the discipline
of the Kirk; usurping an uther man’s flock, accompanied with armed
men since the suspensione; chairging of the haill Assemblie, under
the payne of hornyng, to stay with all proceiding against him with
excommunicatione; blasphemous railing against the brether and
ministrie in pulpit, sen his suspensione, and of before; and, _in
summa_, manifest contempt of the ordinance of the Kirk, and stirring
up of ane fearfull schisme betwixt certain of the nobilitie and
the Kirk: Qwhilk being tryit, pairtlie be his awne confessione,
pairtly be the proces deducit be the Generall Assembly halden last
in Edinburgh, and be the proces deducit before the Elderschip of
Striveling, and partly be the testimonie of good and godlie brethren
of the Assemblie, were found all to have falline in his persone, and
him to be culpable and guiltie thereof: for the qwhilks haynous,
fowll, and most unworthie crymes, the Assemblie of the brether votit
and concludit the said Robert, not only unworthie to serve in the
office of the ministrie, but to be depryvit thereof perpetuallie, in
all tyme cuming; and the sentence of excommunication to strick upon
him, without he prevent the same be repentance.
My Lord of Requests cravit of the Kirk, that the pronouncing of the
said sentence sould be superseidit qwhill the King’s Majestie were
advertised. The Kirk heirto continouit to giue answer qwhill thair
meeting at afternoone.
Sessio 9.
The letter written to the King’s Majestie in name of the whole Kirk,
being read, was thocht good to be delyverit to my Lord of Requests;
whereof the tenor follows:--
Pleas your Majestie;
We have receavit your Grace’s maist loving letter, direct to us by
your Grace’s Commissioner, Mr Mark Ker, Mr of Requests, and are
compellit to burst out most humble thanks to our God, qwho of his
mercie hes gine us so godlie ane King, cairfull and weill willing
that God be glorified, and his Kirk, within your Majestie’s realme,
mentaint, as plainly be the articles be your Grace proponit:
Qwhairunto, with all diligence, we begine to make answer, but in
such shortness of tyme and great strait whereunto we are brought be
certaine letters raisit at the instance of Mr Robert Montgomrie,
we are altogether stayit in that and many uther godlie actiones:
ffor upon the 27th of this instant, the Assembly being occupied in
quyet and modest reasonyng of grave and weighty matters, he causit
ane officer of armes irreverently to enter, and, under the paine of
hornyng, commandit the haill Kirk from all proceiding against him,
for whatsoever cause or enormitie committit in these his wicked
attempts; a thing that was never heard nor seen since the world
began; whairof we man lament unto your Majestie: And having no uther
refuge under God, most humblie cravis, that be thir extraordinary
chairges direct against the word of God and lawes of your Grace’s
countrie, we be not constraint, either to betray the cause of God
be beiring and winking at horrible crymes, manifest to all men
in the persone of the said Mr Robert, or else to be reput and
accountit disobedient to your Majestie, in whais service we have
been, are, and shall be ready to sched our bloods and spend our
lyfis; beseikand your Grace we may finde this grace and favour in
your Majestie’s sicht, to keep our conscience clean before God, and
reserve our saules to him who hes gine us care of the saules of his
inheritance. This most reasonable request we doubt not to obtaine of
your Majestie, our particular reasons being heard and considerit,
qwhilk we mynde, by God’s grace, more largely to expone be certaine
brether direct to your Majestie, both to this effect, and with a
full answer to the forsaids articles. In the meane seasone, we beseik
your Majestie, giue no credite to the sinister report and wrangous
informatione of men, that, be such dealing, goes about to draw your
Majestie’s heart from your trew and faithfull subjects, and be this
unhappie schisme, to overthraw the Kirk of God within your Grace’s
countrey, and, for their awne particular gaines, banische Christ and
his word, (whilk God of his infinite mercy forbid,) and preserve your
Grace, body and saul, for ever.--From St Androis, the 28th of Apryle,
1582.
As to the sentence to be gine against Mr Robert Montgomrie, and
the enormities conteint in the acts preceiding, The Assemblie and
brethrene present, after voteing in the said matter, depryvit the
said Mr Robert from all functione of the ministrie in the Kirk of
God, dureing the will of the Assemblie; and farder, decernit the
sentence of fearfull excommunicatione to be pronouncit in face of
the whole Assembly, be the voyce and mouth of the Moderator present,
against him; To the effect that his proud flesche, being cast in the
hands of Satane, he may be winne againe, if it be possible, to God;
and the said sentence to be intimate be euery particular minister at
his awne particular kirk, solemnlie in the first sermone to be made
be them after their returning.
The instant pronunciation of the said sentence, beand stayit be the
Moderator qwhill Monday at nyne houres, be reasone of the compearance
of the said Mr Robert, who renuncit the appellatione interponit be
his procurator in his name, and be himself before noone, from the
sentence of the Kirk, and desyrit conferrence to be grantit to him of
the maist godlie and learnit brether--qwhilk the Kirk grantit whill
Monday at nyne houres, upon condition he remayned and wayted upon the
doctrine and conferrence of the brether, and made no novatione of new
chairges against the Kirk; who promised to attend upon the doctrine
and conferrence of the brether the morne all day; and as to novatione
or new charge, he should use or purchase nane in the meantyme, if
the Kirk usit nane against him: And farder, the Assemblie ordayned
prayers to be made the morne in the sermone for him, be them that
occupyed the place for the tyme.
Sessio 11.
Anent the conferrence had yesternight with Mr Robert Montgomrie; to
the effect that the brethren might understand what fruit had followit
thereof:--First, they demanded of him, in presence of God, to tell
the simple trewth of the accusationes that was layit to his charge
of before, qwho, after prayer to God to be mercifull to him, grantit
and confessit as after followes:--ffirst, He confest the command gine
him be the Reader of Striviling to desist from his office: 2. Grantit
baptizing of bairnes begotten in fornicatione, but tooke cautione of
the parents to satisfy the Kirk, but not in presence of the Elders
and Sessione: 3. As to the circumcision of women, remembers not that
ever he preached it: 4. Grants he made promise to the Presbytrie of
Striviling to await on his charge of the ministrie there, qwhilk he
hes broken: 5. He confest that, upon the 20th day of Marche, he had
mention made of his suspensione be the Presbytrie of Striviling, but
he was not certaine thereof, for he could not haue the process of
his suspensione: 6. Declareit that howbeit he knew the raising of
many of the letters against the breither, yet he keepit the ordinarie
dyetts thereof: 7. Grants the usurpatione of Mr David Weymes’ flock,
qwhairin he confest that he had heavily offendit: 8. And sicklyke
grants he hes heavilie offendit against God and his Kirk, be
procureing and raiseing the charges against the Generall Assembly,
and in accepting the Bischoprick of Glasgow, without advyce thereof.
The said Assemblie, in proceeding be this forme of doing qwhilk he
hes used--ffor the qwhilk he submitts himself in the will of the
brethrene, willing to abyde their judgement, and to obey and underly
such injunctiones as they will ordayne therefore.
And as to his simple meaning concernyng the estate of Bischops, and
corruptione thereof; being requyrit openly, in the fear of God and
uprightness of conscience, to declare the same, desyrit to conferr
with Mrs James Lawsone, John Craige, Robert Pont, David Lyndsay, and
the Laird of Culluchie, to the effect he might be farther resolvit,
and give his simple meaning therein to the Kirk, qwherunto they
agriet.
Anent the protestationes made be the Presbytries of Edinburgh,
Dalkeith, and Linlithgow, against the sentence gine be the King and
Secret Councill in favor of Mr Robert Montgomrie, findand them Judges
to the saids Presbytries and Kirk, as the same beires; The haill
Kirk, after the reading of the same sentence and protestatione, in
ane voyce, adheirit thereto, lykeas the said Mr Robert, for his part,
allowit the same and adherit therunto.
Sessio 12.
In respect of many inconvenients and misorder fallen furth be the
ambitioune, covetousness, and indirect dealing of syndrie who gang
about to enter in the ministrie, and, being enterit, uses unlawfull
meanes to declyne all correctione and punischment for their offences:
The whole Assemblie, in ane voyce, hes votit and concludit, conforme
to the word of God and most godly acts of antient counsells, That no
man pretendand to ecclesiasticall functione, office or benefice, be
any absolute gift, collatione or admissione of civill magistrates or
patrone, be letters of hornyng and qwhatsoevir uther means then is
established be the word of God and acts of the generall Kirk, and
hitherto ordinarly used within the reformit Kirk of Scotland; and
sicklyke that nane beand receavit to ane ecclesiasticall office or
benefice, seek any way be the civill power, to exeme and withdraw
themselves from the jurisdictione of the Kirk, nor procure, obtayne,
or use any letters or charges, ather be themselves or any uthers in
their name, or at their command or instance, to impare, hurt, or
stay the said jurisdictione, discipline, correctione of manners,
or punischment of their offences and enormities, nor to make any
appelatione from the Generall Assemblie, to stope the discipline and
order of ecclesiasticall policie and jurisdictione grantit be God’s
word to the office-bearers within the said Kirk, under the paine of
excommunicatione, summarly and without any proces or admonitiones,
to be pronouncit be the judgements of the Elderschip, be Minister or
Ministers, to be appoyntit be them thereto, how soon it is knawne
that any one of the saids heids is transgressit; and this act to be
nowayes prejudiciall to the laic patrones and their presentationes,
unto the tyme the laws be reformit according to God’s word.
Anent the conferrence with Mr Robert Montgomrie: The said Mr Robert
compeirand in face of the haill Assemblie, declared and promised
before God, that he sould neither meddle nor attempt farther
concernyng the Bischoprick of Glasgow, nor bruik, use, nor take
upon him the same, or any office within the Kirk, by the advyce and
consent of the Generall Assembly of the Kirk; renouncand the letters
and chairges gine be him againes Mr David Weymes, protesting that
in this matter concernyng the Bischoprick of Glasgow he meines no
utherwayes nor the haill brether does.
Forsuameikle as the Sabbath day many wayes is prophaned to the
great dishonour of God, and speciallie be halding mercats alsewell
in burgh as in landwart that day; The Assembly of the Kirk injoynes
straitly to every Elderschip within their awne bounds, to take order
therewith as they may, of the law of God, as they will schaw their
zeall towards God and the Kirk.
The Generall Assembly of the Kirk, in ane voyce, giues full power
and commission to Mrs James Lawsone, John Craig, Robert Pont,
David Lyndsay, John Braid, and John Durie, to pass to the King’s
Majestie, and schaw unto his Heines, That concernyng the Articles
he sent be his Majestie’s Master of Requests, to have been answerit
be the Kirk, being so weightie and important, a pairt of them also
appearand to be obscure and captious, they could not presently
resolve thereupon: nottheless, for the better resolving thereof,
they have ordained certaine brethren to conferr thereupone qwhill
the next Generall Assemblie, quhilk they have appoyntit shorter to
that effect: Farther, lamentablie to deplore unto his Grace, qwherin
the jurisdictioune of the Kirk is and hes been heavilie hurt and
prejudgit, and namely be the letters dischargeand the Presbytries
to proceed against Mr Robert Montgomrie; charges of horning used
against the haill Kirk of Scotland, be the decreit and sentence of
the Secret Counsell, finding them judges in the actione of Mr Robert
Montgomrie;--missives sent to gentlemen to assist to the placeing of
him in the pulpit of Glasgow, against the will of the Kirk;--giving
of benefices, _pleno jure_, and of all Abbacies in heritage: and,
with all humilitie, dew reverence and gentleness that appertaynes, to
exhort his Majestie to the reforming heirof, and maintaining of the
jurisdictione gine be God unto his Kirk, as also to giue admonitione
unto the Duke’s Grace, Earles of Arrane and Gowrie, in the premises,
and what they doe herein, to report to the next Assemblie.
Ordaynes the particular Elderschips to haue ane copie of the Articles
sent be the King’s Majestie, that they may be better resolvit to giue
advise by their answer thereto at the next Assembly.
Anent the corruptione of burialls in the citie of St Androis; the
Kirk ordayns Mr Patrick Adamsone to put the commissioune gine to him
in the last Assemblie thereanent, to dew executione in all poynts,
after the tenor thereof, under the paine of disobedience.
Ordaynes Mr Craig to lay an order for collecting the Acts of the
Kirk, betwixt and the next Assemblie.
The Assemblie nominats brethren in all pairts of the countrie for
erecting of the Presbytries where the same as yet are not erectit.
Articles to certaine doubts proponit concerning the Presbytries.
1. That the Moderator may continow from the Assemblie Synodall to the
next Synodall: his electione to be, be the particular Presbytrie.
2. That the number of such as are associat to the Elderschip for
discipline and correctione of manners, that are not Pastors nor
Doctors, who travelleth not in the word, be not in equall number
with wthers, but fewer; the proportione as the necessitie of the
Elderschip craves.