3. Concernyng such Elders as verses not in the word, thair resort to

the Presbytrie shall be no farther straitit, but as the weightiness

and occasione, upon intimatione and advertisement made be the Pastors

and Doctors, shall requyre; at qwhilk tyme they shall giue their

godly concurrence--exhorting them alwayes that may commodiously

resort, to be present at all tymes.

4. Such of the ministrie as does not resort to the exercise and

presbytry shall be subject to the penaltie arbitrall to be appoyntit

at the discretioune of every particular presbyterie, the samen to

be agriet upon be the subscriptioune of every minister thereof;

and if any be found to disagrie thereto, to be complaint upon to

the Generall Assemblie next to come, and the order qwhilk every

presbytrie takes, to be sichtit, and thereof, a good order to be

established for the haill.

5. It is thocht meit that the same day qwhilk is the day of the

exercise, be in lyke manner the day of ecclesiasticall processes; and

if the brether thinks necessare for the haisty expeditione of the

processes, that they may appoynt dayes, tymes, and places therefore,

by the day of the exercise.

6. It is not thocht expedient that the Presbytrie be astrictit to

direct their Moderator to the Assemblie, but libertie to chuse such

as they think maist expedient for the comfort of the Kirk.

7. It is thocht meet that visitatione be exceptit _e re nata_, within

the bounds of the Presbytrie, and the same not to be limitit to the

Moderator, but to such ane or ma, as the Presbytrie shall direct, for

the necessitie of the matter, according to the Kirk’s policie.

8. The Clerk and Moderator shall subscryve, in grave matters, ane

forme of proceeding in the name of the Elderschip; and quhill God

provyde some better contributione in every particular Kirk of the

Elderschip for his intertainment.

9. The minister of the paroche shall cause execute the summonds

concerning his paroche, and beare the burden of such things as shall

be direct from the Presbytrie, or some deput be him, within his

paroche.

10. Concernyng ane generall order of admissione to the office of

Elders, referris it to the order usit at Edinburgh, qwhilk we approve.

11. As for collatione of benefices, and designatione of manses and

gleibs; the Moderator of the Presbytrie where it is requisite, and

for the satisfaction of the act of Parliament, that they have a

speciall commission of the Kirk for that effect, qwhill it please God

to move the King that the laws may be better reformit, provyding the

Moderator doe nothing butt the advyce of the Presbyterie.

12. It is proponit to the Kirk qwhair there is no Presbytrie, nor

cannot be gottin, qwhat order shall be of admissione, of collatione

and designation of benefices.

13. As for the number of Kirks, how many shall be in every

Presbytrie? Referris to them that hes the Commissione to establische

Presbyteries.

14. The forme of proces in weightie matters to be in wreit, at the

discretioune of particular Presbytries, _e re nata_; in uther things

verball.

15. For any that will not receave office of Elderschip, and travell

not in the word, we may exhorte, but not compell.

Sessio 14.

Ordayns a general ffast, to be keepit universallie, in all kirks of

this realme, with doctrine and instructione of the people, to begin

the first Sonday of Junij next to come, and to continow to the next

Sonday hereafter, inclusive, useing in the meane tyme, exercise of

doctrine, according to the accustomit order; and the King’s Majestie

to be certified be the Commissioners sent to him, and desyrit to hald

hand thereto be proclamations to be sent out to that effect.

_Causes._--Universall conspiracies of the Papists, in all countries

against Christianes for executione of the bloody Counsell of Trent.

2. The oppression and thraldome of the Kirk of God. 3. Wasting of the

rents thereof without remedie. 4. Falling from the former zeal. 5.

Flocking home of Jesuits and Papists. 6. Manifest bloodshed, incest,

adulteries, with such horrible crymes defylling the land unpunisched.

7. The danger qwherin the King’s Majestie stands throw evill companie

resorting about him, be qwham it is feared he may be corrupted in

manners and religione, and universall oppressione and contempt of the

poor.

Ordaynis every Presbytrie within their awn bounds to try the

ministers of the same, and if any offences beis found, to punische

the same, according to the qualitie and estate of their crymes,

betwixt and the next Generall Assembly of the Kirk.

Anent persones desyrand to enter in the functione of the ministrie:

the Kirk ordaynes the particular Presbytries to try and examine them;

and such as they find qualified, to provide them to kirks.

The nixt Assembly appoyntit at Edinburgh, the 24th of October nixt,

except some necessar occasione interveine, be the advertisement of

the Elderschip of Edinburgh, and the King’s Ministers, qwhereby they

may be brought together sooner.

[FORTY-SIXTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk conveint at Edinburgh, the 27

of June 1582; Qwhair there were present the Commissioners.

Sessio.

Exhortatione made be Mr Andrew Melvill, qwho was continowit Moderator

unto the nixt Assemblie.

Anent the lang discourse made be John Durie, of his calling before

the King’s Majestie and Counsell, his answer, and haill proces used

against him: as also a charge to him this day, be the King’s letter,

to remove off the towne; cravand in end the good advyce of the

brether, qwhither he sould remove from his flock according to the

charge, or remaine according to his calling, being allwayes readie to

follow their determinatione, howsoever the brether thinks expedient

to giue it: The Kirk direct David Fargysone and Mr Thomas Buchanane

to the King’s Majestie, to understand his meining therin, and to

crave at his heines, the performance of the promise made to certaine

breither concernyng him; as also to lament unto his Heines the case

of their brether of Glasgow, chargit to St Johnstoune, and to make

sute for them to this effect: also ane missive to be direct to Johne

Duncansone to concurr earnestly with them.

Sessio 2.

Anent the desyre of the Commissioners direct from the Councill of

Edinburgh to the Assemblie, craving their counsell anent the charge

given to the Proveist, Baillies, and Councill of Edinburghe, for

removeing of Johne Durie their minister: The Kirk ordained Mrs James

Lawsone, Thomas Smetowne, Andrew Hay, Robert Pont, David Lyndsay,

and John Craig, to concurr with such as the Counsell will deput, the

morne to consult, conferre, and reasone concerning that matter.

Sessio 3.

Anent the information made be John Durie, that certain brether,

direct from the Councill of the Towne, movit to him, as appears, of

good affectione, hes desyrit him, for avoyding of the danger that may

fall upon his flock, to absent and withdraw himself a space off the

towne privilie; desyrand him to understand the good judgement of the

Kirk; protesting, for his awne opinione, that because his removeall

may be prejudiciall to the commone cause, and his privie departing

appear an accepting of the voyce upon him wherwith he is unjustly

chargit; that without their counsell herein, his awn deliberat

mynde is, to abyde it with the hazard of his life: And farther,

sieing that his doctrine qwhairof he was accusit in councill, in

force and substance was justified at his own Presbytrie, and be

his awne session of Edinburgh, That the brether wald give him that

testimoniall, that he hath travellit faithfully in his vocatione, no

fault being found with him in his doctrine, or imput to his lyfe; as

also, if it please God, that he be compellit to remove, that he may

have liberty elsewhere to preache the Evangell, where it shall please

God to give him the occasione of tyme and place for discharge of his

awne conscience and calling:

The brether, after good advyce and deliberatioune, in ane voyce

thocht it not meit that he sould remove off the Towne privilie,

but abyde the charge to be gine be the Proveist or Baillie to him;

and as to his doctrine, life, and conversatione, the haill Kirk

acknowledget nothing in him but sound, trew, and wholesome doctrine,

upright and honest in life and conversatione, giving him libertie in

caice of his removal to preache the Evangell faithfully, where God

shall offer the occasione, until the tyme it please him to restore

him to the charge of his awne flock.

The Kirk gives their full power and commissioune to Mrs Alexander

Arbuthnott, Adam Johnstoune, and David Home, to pass to the Duke’s

Grace, to make informatione to him of the great sclander of Mr

Robert Montgomrie in his societie, sen the tyme of the sentence of

excommunication pronuncit against him; to intimate unto him the said

sentence with gentle and discreit persuasions; to schaw the danger

thereof, and what the acts of the Assemblie hes concludit against

the receivers and maintayners of excommunicat persones; desyring him

earnestly to remove him from his company, and to gine admonitione to

him to that effect; and in caice he continow inobedient, that the

Kirk will proceid against him according to their acts.

Sessio 4.

John Duncansone presentit ane letter from the King’s Majestie

concerning the Laird of Mynto, and certaine of the magistrates and

citizens of Glasgow, desyrand, in effect, that matter to be handlit

before the Counsell, with credit to be gine to the bearer, quho

utterit his credite and schew, That his Majestie continows, and

sall constantly continow to the end, in the trew professione of the

religione presently establischit within this realme; and as to the

action of Glasgow, upon supplicatione to be gine into the Counsell,

such order shall be taken therwith as the Kirk shall be therwith

satisfied.

Anent the summonds produced against the said persons to hear tryall

taine of the violence done be them against Mr John Howesone, and to

hear them convict, excommunicat, and casten furth of the societie

of the faithfull, for the committing of the said hynous offence and

sclander; as the summonds dewlie execute and indorsate at lenth

bears:--The saids persones all being callit, and nane compearand

except John Grahame, quho denyit the contents thereof for his

parte,--The saids summonds being given to probatione, and Mrs John

Davidsone, John Hamiltone, Andrew Knox, Patrick Walkingschaw, Thomas

Jack, Richard Wright, Archibald Eglintoune, and John Stodard, being

sworne, recevit and admittit witnesses, the Kirk ordaynit them to

be present the morne in the mornyng, before the Moderator and his

Assessors, to depone in the said matter.

Sessio 5.

The brethren direct to the King’s Majesty concerning John Durie

and the brethren of Glasgow, Reportit his Grace writing, in effect

bearing, that at the cuming of the said Duke’s Grace, who had interes

in that matter, cautioning the said John, upon supplicatione to be

gine in, consideratione sould be had thereof; and as to the brether

of Glasgow, the action of qwhilk the Kirk hes in their hands against

the Provest of Glasgow and his colleagues, being superscedit, he wald

dispenss with the brether of Glasgow, to the saxt day of July nixt to

cum; as the letter at lenth bearis.

Anent the proces deducit against the Provest of Glasgow and his

colleagues, The Kirk ordayns Mrs James Melvill, John Porterfield, and

Patrick Scharpe, to examine the remanent witnesses afternoone, qwho

are producit and unexaminat, and, in the meanetyme, further proces to

stay; lykeas the saids witnesses war examinat at the tyme appoyntit

be the saids breither.

Sessio 6.

Anent the actione layde against the Laird of Mynto, Provest of

Glasgow, and his colleagues, The haill Kirk, after publick reading of

the proces, and probatione used in the matter, and dew consideratione

and examinatione thereof, being weill and ryply advysed therewith,

Finds the cryme, as it is verified, proven and tryed before them,

to deserve to be punischit with excommunicatione; and, nottheless,

at the King’s Majestie’s request, continewes the pronuncing of any

sentence against them to the saxt of July nixt, qwhilk is the day

of the conventione of the Nobilitie at Perth, qwhere hope is gine

of repair: Givand, grantand, and committand also, full power and

commissione to the Commissioners, direct be them unto the King’s

Majestie and Councell to the said conventione, in case they should

not see remeid there put to the matter, betwixt the said day and the

24th of the said moneth, or sooner, at their discretione, to proceed

and giue forth sentence in the said cause, and to appoynt severall

persones to the executione thereof, as they will answer to the Kirk;

and ordaynis reporte to be made of this continuatione unto the King’s

Majestie.

Anent the place occupied be John Durie, ane of the ministers of

Edinburgh, presently removit off the toune, the Kirk present,

inhibites and discharges the Kirk and Presbyterie of Edinburgh, to

elect, choose, or admitt, in any wayes, any minister in his place

of the ministrie thereof; dischargeing also all ministers, or that

aspyres to the ministrie, to attempt the usurping or taking upon

them of his charge and place thereof, except at the desyre of the

ministers of Edinburgh, to relieve them, at all tymes, qwhill the

Generall Assembly of the Kirk be farder advysit; and, in caice

any shall be chosen and electit, the haill Kirk decerns the said

electione and admissione to be null and of nane effect.

The Duke of Lennox answerit to the breither that was sent to him

concernyng the mayntayning of Mr Robert Montgomrie, was first a

interrogator,--Whither the King or the Kirk were superiors? And,

thereafter, that he had command of the King to maintayne him, and of

his Counsellors; and, qwhill he were contramandit be him, he wald not

remove him.

The Kirk having considerit his answer, Ordaynes the brethren of the

ministrie that gangs in commissione to Perth, as they sie occasione

there, and the grieff not remedied, touching his maintaining of

the said Mr Robert, To proceid and appoynt speciall men, that sall

proceed farther against him with the censures of the Kirk, according

to the acts of the Generall Assemblie, to qwham the Kirk gives their

full power to that effect.

The Generall Assembly, in ane voyce, Gives their full power and

commissione to the Right Honourable and their belovit breither John

Erskine of Dune, the ministers of the King’s Majestie’s houss, Mrs

Robert Pont, James Lawsone, Thomas Smetoune, Andrew Hay, David

Lyndsay, Andrew Polwart, Peter Blackurne, Patrick Galloway, William

Chrystesone, David Fargysone, Andrew Melvill, Thomas Buchanan, John

Braid, Patrick Gillespie, John Porterfield, ministers, and Mr Andrew

Melvill, to repare towards the King’s Majestie and Councill to be

conveint at Perth, the saxt day of July nixt, and there, with all

dew obedience, reverence, and submissione, present to his Heines

and Nobilitie the speciall greives of the Kirk, conceavit and

gine to them in wreit; and in their behalfs, lament, deplore, and

regraite the same unto his Majestie and Councill; craving, in the

name and fear of the Eternall God, the same and every ane of them to

be repairit and redrest, to the glory of God, and wellfare of his

Majestie, and comfort of his Kirk: And thereupon, if need be, with

humilitie to conferr, informe, and reasone; and qwhat herein beis

done, to report to the nixt Assemblie:--firme and stable haldand and

for to hald whatsoever their brethren in the premisses righteously

does.

Sessio 7.

The tenor of the Grieves of the Kirk, above specified:

Unto your Majestie, humblie meanes and schawes your Grace’s faithfull

and obedient subjects, ministers of God’s word within your Grace’s

realme, conveint in the Generall Assemblie halden at Edinburgh, the

27th of Junii; That whereupon the occasione of diverse great and

evident dangers appearing to the haill Kirk of God and professors

of his trew Religione in this countrie, finding the authoritie of

the Kirk abrogat, the censures thereof contemnit, and violence

usit against some of the brethren, without punischment thereof,

the lyke hes neither been seen in this realme, nor any uther

where the truth of the Gospel hes been preachit and receavit; and

fearing least your Majestie, for lake of informatione, neglect in

tyme to provide remedie for the inconvenients lykelie to insew

thereupon, We conveint ourselves in the fear of God and your Heines

obedience; and after diligent consideratione of this present estate

of the Kirk, and enormities fallen furth in the same, with commone

consent thocht necessare our Commissioners to present and open to

your Grace certain or chiefe and weightie grieves, without hastie

redress qwhairof the Kirk of God and trew Religion cannot stand in

this your Grace’s countrie; that your Majestie, be advyce of some

Counsellors, is taught to take upon your Grace that spiritual power

and authoritie qwhilk properly belongis to Christ as only King and

head of the Kirk, the ministrie and execution thereof to such as

bear office in the ecclesiasticall government of the same; so that

in your Grace’s persone, some men preases to erect ane new Popedome,

as though your Majestie could not be full King and head of this

commonwealth, unless alsewell the spirituall as temporall sword be

put in your hand--unless Christ be bereft of his authoritie, and the

twa jurisdictions confoundit, qwhilk God hes devydit, qwhilk directly

tends to the wrack of all trew religione, as be the speciall heads

following is manifest:--

1. For benefices are gine be absolute power to unworthie persones

intrustit in the office of the ministrie, without the Kirk’s

admissione, directly against the laws of God and acts of Parliament;

quhairthrowgh the Kirk’s livings comes in profane men’s hands and

uthers, that sells their sauls, and makes schipwrack of conscience,

for pleasure of men, and obtayning some worldly commoditie.

2. Elderschips, Synodall and Generall Assemblies, are dischargit be

letters of horning to proceed against manifest offendars, and to use

the discipline of the Kirk, and censures thereof, according to God’s

word.

3. John Durie, be act of Counsell, is suspendit from preaching; and

for this same cause is banisched from his flock.

4. Excommunicat persones, in contempt of God and his Kirk, are

intertayned in chieff Lords’ houses, namely, Mr Robert Montgomrie,

authorized and caused to preach, and brought to your Majestie’s

presence, qwhilk is a sore wound to the conscience of them that loves

your Majestie, and knawes your Grace’s up-bringing, and ane heavy

sclander in all nationes professing the trew religione.

5. An act or delyverance of Counsell is made against the proceedings

of the ministrie with ane sclanderous narrative, suspending

_simpliciter_, and disannulling the excommunicatione justly and

ordourly pronuncit against Mr Robert Montgomrie, a rebellious

and obstinat offendar and troublar of the Kirk of God, and open

proclamations made according thereto.

6. Contempt of ministers, and dinging many doing their office,

and speciallie the violent drawing of Mr John Howesone out of

the judgement seate qwhair he was placeit Moderator of the

presbytrie,--his cruell and outrageous handling, carrying to prisone

lyke a thief, be the provest and baillies of Glasgow, and their

complices; and after complaint made, no order taken with the doers

thereof, but contrariwise, maintaining of them, as if the same had

been good service.

7. Displaceing of the minister of Glasgow out of his rowme, qwhilk,

without reproache, he hes occupied thir many yeares, and convocation

of the gentlemen of the countrie to that effect.

8. Violence used be ane of your Grace’s awne guard to pull him out

of the pulpit, the day of communione, in presence of the haill

congregation, in tyme of sermone, and no fault found therewith.

9. The officer of the Kirk was castin in prisone in your Grace’s

presence, and there keepit a lang tyme, for executione of letters

direct against a particular sclanderous man.

10. Ministers and Masters of Colledges and Schoolis of Glasgow in

tyme of publick fast, were, be letters of horning, compellit to

leave their flocks and schooles destitute, and sinsyne, from tyme to

tyme, and place to place, have been delayit and continewit, thereby

to consume them be exorbitant expenses, and to wrack the Kirk and

Schools, qwhereof they beare rule and charge.

11. The schollars of Glasgow were invadit and their blood cruellie

sched be the baillie and commontie, gatherit be sound of commone bell

and straik of drume, and be certaine seditious men, inflammit to have

slaine them all, and to have burnt the Colledge; and yet nothing done

or said to the authors of that seditione.

12. Hands schaken with the bloodie murtherers and persecutors of the

people of God, be propynes receivit and gine.

13. The Duke’s Grace oft tymes promised to reforme his house, and

nothing done therein.

14. The laws made for maintainance of the trew religione and

punisching the enemies thereof, are not put to executione; so that

all things go lowse, and worse like to ensew.

Many uther things there be that crave present reformatione,

quherewith, notwithstanding, we think not expedient to trouble your

Majestie untill we see quhat order be taken with thir grievous

complaints; beseikand your Majestie most humblie, for the lufe

of God, quho hes placit your Majestie in this Royall Throne, and

hitherto wonderfullie defendit and mentainit your authoritie,

cairfullie to look upon thir matters as becomes the Leevtenant of

God, and ane Christiane King; and with advyce of them that feir God

and tender your Grace’s estate and quyetness of this commonweill

so to redress the premisses, that first, Christ above all be

acknowledged, his Ministers, without feare or stope, sufferit to

execute their office,--the course of the Gospel advancit,--and be the

example of the worthie, punischment of them quho so licensiouslie

have wrongit and injurit ministers and professors of God’s word, that

wthers heirafter be affrayit to interprize the lyke.

The next Assembly was appoyntit to be at Edinburgh the 24th of

October nixt to come, except that necessare and weightie causes

interveine, be advertisement of the Elderschip of Edinburgh and

Ministers of his Majestie’s house.

[FORTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint att Edinburghe, in the New

Kirk thereof, the 9 of October 1582, qwhair there was

conveint--Commissioners for the King, Mr John Hallyburtowne,

and Collonell Stewart, and Commissioners of Earles Bothwell,

&c., Barrones in great number, and Ministers.

Sessio.

Exhortation made be Mr Andrew Melville: Leitts, Mrs David Lyndsay,

Thomas Smetoune, and David Fargysone. The said Mr David Lyndsay, be

pluralitie of vottis, was nominat Moderator _hac vice_. Mrs Robert

Pont, James Lawsone, Andrew Hay, Andrew Melvill, Thomas Smetone,

David Fargysone, George Hay, John Duncansone, William Chrystesone,

the Lairds of Lundie, Qwhittinghame, and Braid, at the desyre of the

Moderator, were nominat Assessors.

Sessio 2.

The Kirk ordaynit the ministers of Edinburghe, in name of the haill

Kirk, to desyre the King’s Grace to send downe Commissioners,

authorised with his Heines commissione, to see the proceeding thair,

and vote in his name; qwho returnit answer that they should be

satisfied the morne.

Anent the commissioune to certaine brether to present to the King’s

Majestie and Counsell at Perth, the Grieves and Complaints of the

haill Kirk, the executione qwhereof being requyrit, and the saids

Grieves, with the answers thereto, being read and considered; with

commone advyce, it was thocht the saids Answers, not directly meeting

the Articles, and therefore the samen, so far as is not satisfied,

to be yet insistit in, and to be gine in, with such other articles

as are meit yet to be craveit; the reforming qwhairof the brethren

committit to Mrs Robert Pont, Thomas Smetoune, Andrew Pollwart, and

Andrew Melvill.

Sessio 3.

In presence of the haill Assemblie, compeirit Mr James Hallyburtoune

and Colonell William Stewart, and presentit the King’s Majestie’s

Commissioune in write; the tennor qwhairof followis:--

We, be the tennor heirof, with advyce of the Lords of our Secret

Counsell, gives and grants authoritie, full power and commissioune,

to our richt trustie and weill beloved Mr James Hallyburtone,

Proveist of Dundie, and Colonell William Stewart, conjunctlie

and severallie, for ws and in our name, to pass to the Generall

Assembly of the Kirk of our realme, and thair to hear and consider

the matters proponed, tending to the advancement of God’s glory and

his trew religione, the correctione of manners and reteyning of

ecclesiasticall matters in decent and civill ordour, as the word

of God requyres and allows, and to report the matters proponit

and intreatit to us for our allowance and ratificatione of the

samen, as appertaynes; and generally all and syndrie uthers things

to do that to the forderance of all godlie and good matters is

necessarily requyrit, firme and stable: Subscryvit with our hand, at

Halyrudehouse, the 10th of October 1582, and of our reigne the 16th

year.

Sessio 4.

The places where the Synodall Assemblies shall conveene shall be

changeable from tyme to tyme, as the brether thereof shall finde

meetest, that no ambitioune may grow be continowing the same in ane

place.

Sessio 5.

Anent Bischops: Seeing the great sclander and offence arysing to

the Kirk be their impunitie and oversicht, being altogether out of

rules, the Kirk hes thocht it expedient that the King’s Majestie’s

Commissioners, my Lord Boyde and the Laird of Capringtoune, with the

Assessors of the Moderator, conveene in Mr James Lawson’s galrie, and

advyse solidlie upon some substantious ordour.

Sessio 6.

The Assemblie ordayns James Montgumrie to make publick satisfactione

and repentance in the paroche kirk of Glasgow, for speaking with

Mr Robert Montgomrie, after his excommunication dewlie intimat, in

respect of his confessione, and to acknawledge his offence thair,

promising in tyme cuming to abstaine from the lyke, under the paine

of the censures of the Kirk; and the same order to be keepit with all

uther persones falling in the same offence.

Sessio 7.

Anent the informatione made to the Assemblie by my Lord Paislay,

in name of the noblemen interprysers of the lait actioune, giveing

the Kirk to understand that the grunds moving them to that actione,

simplie were, the danger they perceivit the Kirk of Scotland and

religion into--the evident perrill of the King’s Majestie and his

estate, and the confusione and misorder of the Commonweall; whereof,

as they doubt not to feell good testimonie in their awne conscience,

so wald they that the Assemblie sould schaw their good lyking of

the same, and give ordinance to ilk minister, at his kirk, to lay

out their good grund and actione to their flocks; exhorting all

noblemen and uthers qwhatsumever, faithfullie to concurre with them

in the said good cause, to the full prosecutione thereof: Qwhilk

informatione being weill considerit be the Assemblie, it was thocht

very meit and expedient, in particular, to inquire and voit of the

saids perrills; and every ane of them was seene and perceivit to haue

been to the haill brether, qwhairof the information is made, and

be full consent and vote of the haill Assemblie, declaratione was

made, that the haill brethren understand the concurrance of all the

saids dangers:--And to the effect the King’s Majestie’s mynde also

may be gatherit, touching the same, directione was gine to Mrs James

Lawsone, David Lyndsay, with the King’s ministers, to passe to his

Heines the morne afternoone, to reasone and conferr anent the saids

dangers, and to open up the samen at lenth to his Majesty, and to

report his answer thereanent.

Sessio 8.

Anent the conferrence of the brethren direct to the King’s Majestie:

Report was made be them unto the said Kirk, That his Heines had

confest that there was ane perrell to the Religion within this

realme, and indirect courses runn to the hurt thereof, qwhairunto

his awne perrell was joynit; for he esteimit his standing to be

joynit with the standing of religione: As also he acknowledgit

syndrie abuses in the Commoneweall before the late interpryze of the

Nobilitie, and that all good men shall concurr of dewtie to take away

the danger from off the Kirk, his persone and estate, and to the

reformatione of the Commonweall.

Anent the twa last heads left unresolvit be the Noblemen undertakand

the late reformatione; The haill Kirk, in ane voyce, agreit therwith,

and ordained ane speciall act to be concurred therupon, and to be

put in forme be the clerk, Mrs Robert Pont and Thomas Smetoune, to

be presentit againe to the Assemblie at afternoone, that they may

understand and judge thereof if the samen agries with the meaning of

the brethrene.

Sessio 9.

Anent Bischops: Seeing the great sclander and offence to the whole

Kirk of this realme, be their impunitie and oversicht, to the

griefe of good men’s consciences: The haill Assemblie hes gine and

gives Commissione to particular presbytries under specifeit, with

all possible and convenient diligence, to summond and call before

them, every one of them as they be particularly divydit in manner

following; That is to say, the Presbytrie of Perth, the Bischop of

Morray; the Presbytrie of Edinburgh, the Bischop of Aberdeene; the

Presbytrie of Mernes, the Bischope of Brechine; the Presbytrie of

Dundie, the Bischope of Dunkeld; the Presbytrie of Striveling, the

Bischopes of Dumblane and Isles; the Presbytrie of Glasgow, the

Bischop of St Androis--to accuse them, and every ane of them, all or

pairt as they are guiltie, viz. of non-preaching and ministratione

of sacraments--of negligence of doctrine or discipline--haunting

or frequenting of the company of excommunicat persons--wasting of

the patrimonie of the Kirk--setting of tacks against the acts of

the Kirk--giving collation of benefices against the saids acts--and

finallie, for giving sclander any wayes in lyfe and conversation; and

after dew tryall, proces, and convictione, to put order to every ane

of them according to the qualitie of their offences and acts of the

Assemblie, betwixt and the meeting of the haill Kirk, as they will

answer thereto.

Sessio 10.

Anent Colledges and Universities within this realme: It is considerit

be the haill Assemblie to be maist expedient for the good and

weillfare thereof, that certaine good men of meit qualities be

imployit to take oversight thereof; and for that effect the Kirk hes

gine commissione and power to their lovit and honourable breither

afterwritten to concurre with such as the King’s Majestie and

Counsell directs with them in visitatione of the haill Colledges

within this realme, as they be particularly under devydit, betwixt

and the last day of November next to come, and to consider how the

rents and livings of every ane of them are bestowit and imployit--how

the doctrine is usit be the Masters and Regents--if the same be

correspondent to the act of Parliament--how order and discipline is

keepit amang the students and schollars; and herein, as disorder and

defectione is found, to take order therewith according to the act

of Parliament: They are to say, Mrs George Hay, Peter Blackburne,

William Chrystesone, Andrew Milvill, the Laird of Glenbervy, to visit

the Colledge of Aberdeene; Mrs David Lyndsay, Robert Pont, Nicoll

Dalgleische, Thomas Buchanan, the Lairds of Lundie and Culluchie,

with Mr David Russell, Commissar Clark of St Androws, the Universitie

thereof; Mrs James Lawsone, John Duncansone, Walter Balcanquall, John

Porterfield, the Lairds of Keir and Greenock, with Adam Wallace,

Bailie of Glasgow, the Colledge thereof; and what herein beis done be

them, to reporte againe the next Assemblie.

Sessio 11.

Ordayns the King’s Majestie’s Advocat to be summoned to compear

before the Assembly immediately, and to that effect from the

Assemblie the officer of the Kirk being [sent], answer was returnit

he was in Hermestoune; and heirfore was ordaynit to be summoned be

ane citatione to Wednesday to answer simply, if he was the former

or dyttar of the sclanderous proclamatione sett out against the

ministrie, and for opponing him to the lawfull proceedings of the

Kirk--certifying him and he compeir not, they will proceed as

appertayns.

The act concerning the actione of the nobilitie being read to the

Commissioners of Edinburgh, after advyseing therwith apairt, they

votit and agreis thereto with the rest of the brethrene.

Sessio 12.

It is leisum for a minister, for a seasone, to superceid the

ministrie and use the office of a Doctor: Therefore the Assemblie

hes concludit and ordaynit Mr Thomas Buchanane to enter in the new

Colledge, and use and exercise the office of a Doctor thair for

the support of the samen,--his Kirk being alwayes provydit of a

sufficient pastor, and the said Mr Thomas sufficientlie satisfyeit

anent the promise made for expeditione of his pleis.

The Earle Bothwell declarit in presence of the haill Assembly, that

as he profest the trew religione preachit within this realme before

his departing furth of the same, so sen his depairting, continwallie

as yet continuit in the samen mynde to die and live therein by God’s

grace.

Sessio 14.

Anent the proces used against the Laird of Mynto: In respect of

his compeirance personally this day and yesterday, confessing his

offence, and submissione of him to the Kirk; The Assembly hes

referrit the discipline and order to be wsed against him, for

satisfying of the said offence, to the judgement and discretione of

the Presbytrie of Glasgow, and the same forme to be usit and observit

be them with John Grahame, elder; and what herein beis proceedit,

upon the pairt of the Presbytrie, and upon the pairt of the saids

persons, to report to the nixt Assemblie.

Sessio 15.

The Assembly ordayns Archbald Hegget, John Grahame, younger, Hector

Stewart, John Sprewle, elder, William Hegget, Robert Stewart of

Nowbar, for their contumaceous absenting them from the Generall

Assemblie, being diverse tymes summoned thereto, to have answereit

for haunting and wsing the company of Mr Robert Montgomrie, after

his excommunication intimat to them, and uthers enormities done

against the Kirk, despysing and contemning the voice thereof, To

make their publick repentance in the Kirk of Glasgow, in presence of

the congregatione thereof, after the forme to be prescryvit to them

be the Presbytrie thereof, to qwham the Kirk committs the execution

thereof.

Anent the proces deducit against Coline Campbell, Malcolme Stewart,

Hector Stewart, John Grahame, elder, Gavine Grahame, and Archbald

Hegget, concerning the violence done to Mr Johne Howiesone in the

judgement seat in Glasgow: The saids haill persones being cited to

this Assembly except the said Walter Stewart, to have heard the

sentence of the Kirk in the said matter, and nane compeirand except

John Grahame, elder, with wham he has alreadie taken order, and

Gavine Grahame; The Assembly ordaynit the said Coline Campbell,

Malcolm Stewart, Hector Stewart, Archbald Hegget, and Gavin Grahame,

for their offence foresaid, to be excommunicat publicklie in the

Kirk of Glasgow be Mr David Weymes, minister thereof, with advyce of

the Presbytrie thereof.

Sessio 16.

Articles read and allowed by the Assemblie, as meit to be

proponit.

1. Seing the spiritual Jurisdiction and Government of the Kirk is

granted be God the Father, throw our Mediator Jesus Christ, and

gine only to them that preaching, teaching, and oversieing, bear

office within the same, to be exercised not be the injunctions of

men, but be the only rule of God’s word; That the act of Parliament,

concernyng the libertie and jurisdiction of the Kirk, be so plainly

declareit and enlargeit, that hereafter nane uther of qwhatsumever

degree, or under qwhatsoever pretence, have any collour to ascryve or

take upon them any part thereof, either in placeing or displaceing of

ministers of God’s word, in spirituall livings or offices, without

the Kirk’s admissione, or in stoping the mouthes of preachers, or

putting them to silence, or taking upon them the judgement in triall

of doctrine, or in hindering, staying, or disannulling the censures

of the Kirk, or exeiming any offender therefrae.

2. That the Presbytries, consisting of doctors, pastors, and such

as are commonly callit elders, now according to God’s word and the

King’s Majestie’s direction, appoyntit in diverse parts of the

realme for discipline, order keeping, and judgement keeping, in

ecclesiasticall affaires, be approvit, establischit be authoritie,

and paynes prescryvit to them that publickly oppones themselues.

3. That the Synodall Assemblie, consisting of diverse presbytries,

and Generall or Nationall consisting of the haill, be approvit, and

be virtue of acts of Counsell, presently and hereafter haue power

to conveine so oft as occasione shall requyre, to advyse, intreat,

conclude, make ordinances in such things as concerns the will of the

Kirk, and their charge in doctrine and discipline, with libertie to

appoynt times and places for that effect.

4. That Presbytries, or such as they will direct of their awne

number, have the same power in designatione of manses and gleibs and

reparatione of the kirks, that the Bischops, Superintendants, or

Visitors had before.

5. That every Kirk have the awne severall pastor, to be sustainit

upon the teynds of the parochine qwhair he serves, and to that end

that the manses or kirks annexit to great benefices or prelacies be

dissolvit, pensiones gine out of the thrids and tacks sett of the

same, be the collectors or possessors having the thrids in their awne

hands, be revockit.

6. That of the temporall lands of every Abbacie, Priorie,

Bischoprick, Minstrie, &c. so meikle be applyit to the schools as may

sufficientlie maintaine ane sufficient number of Masters and Bursars,

according as the liveing may bear, in place of Channons, Monks, Nuns,

and uthers idle-bellies; the ane to teache and the uther to passe

their course alseweill in Philosophie in all Universities as in

Theologie, according to the act of Parliament made in the fundatione

of the New Colledge of St Androis, that the kirks may be ance plantit

with sufficient learnit men.

7. That provisioune may be, how commone affaires of every Presbytrie

may be borne, such as visitators, commissioners direct be them for

sundrie occasiounes, scribes’ executione of their summonds, decreits,

&c. Quhilk to our judgement sould be sustained be the Bischops rents.

8. That the Kirk be restorit to the thrids, according to the act of

Parliament and contract made be the Earle of Mortoune; because we

have found ourselves grievously hurt be the giving them out of our

owne hands.

9. That the presentation of benefices be direct to Presbytries where

the benefices lyis, that be them, after dew tryall, the qualified

persons may be admittit.

10. That no presentatione be gine to any man with ane blank therewith

for their filthie gried to gang through the countrie making schamfull

merchandice, and sicking who will offer maist, or receive least: But

that such chiefly be regardit as be the Presbytries or Universities

shall be recommendit to the King’s Majestie or Laick Patrone.

11. That it be inactit that Ministers who, through age or sickness,

or uther accident, become unable to execute their office, may bruick

their livings dureing their lyfis, and provisione made how the kirk

in the meantyme will be served.

12. That such Ministers who are deposed or excommunicat in any time,

their benefices, stipends, or ecclesiasticall livings quhatsomever to

vaike, and uther qualified men provydit thereto.

13. That such as are knawne to be Papists, and notwithstanding

their aiths, handwreits, and outward obedience, are tryit to have

returnit to their vomit and made apostasie, wayting still the tyme

and occasione to cut the throats of the godly, may be punischit as

traytors to God and our Soveraigne, be banischment or utherwayes.

14. That no service, freandschip, or league be made with Papists

in France, Italie, nor Spaine, or uther countries, be commone or

particular consent.

15. That the lyke law be made for defence and preservatione of the

preachers of the blessed Evangell againes violence and oppressione as

is grantit in favours of the Lords of Sessione.

16. That remedie be found how speciall livings and teinds transferrit

in temporall lordships may be restorit againe, for sustentatione of

ministers, poore, and schooles.

17. The Colledge Kirks qwhilks are destitute of ministers, be

reason of the thrids gine in the Colledge hands, may be provydit

with sufficient stipends out of the thrids, conforme to the act of

Parliament made thereanent.

18. That buriall in paroche kirks, be act be dischargit, and ane

speciall punischment appoyntit for transgressors.

19. That the diminutione of the rentall be ane sufficient cause

of reductione of tacks and fewis, and that diminutione be comptit

alseweell the impareing of silver rentall _de liquido in liquidum_,

as conversion of victuall in small pryces, that is, under such

reasonable pryces as victuall giues for the tyme.

20. That every beneficed man find cautione, at his entry, to

recompence what hurt soever he does to the benefice.

21. That it be leisum for no beneficed man, prelate or uther, to

sett any tacks or fewis hereafter, and that they be bund to repaire

qwhatsoever hurt they haue done to their livings against the lawes.

22. That it be declareit qwhat tacks or fewis are lawfull, and that

two or three nyneteine yeares or lyferent tacks, made against all law

and conscience, be annullit and declareit of nane effect.

CERTAINE ARTICLES presentit be the Generall Assemblie,

and maist humblie cravit of the King’s Majestie and Councill,

ffor redress of the manifold inormities fallen furth, to the

wreake of Kirk and Common-weall.

1. That the sclanderous proclamatioune gine furth at Perth, the 12

of July, and publisched in all townes, and paroche kirks, and to

the perpetuall infamie of God’s servants imprintit, may be perused

and diligently considerit, to try if any minister be culpable of

such odious crymes, as therein are layit to their chairges; and in

case they be fund culpable, to punische them with a rigour of law,

utherwayes, that the givers out of such blasphemous reports, and

devysers and dyters of that infamous lybell be punischit accordingly;

and that, be act of Councill and open proclamation, the ministrie be

declarit innocent of such wicked and haynous crymes.

2. That the unaccustomit violence wsed against Mr John Howiesone,

drawing him out of the Justice seate of the Presbyterie, dinging,

and casting him in prisone, and agaynes Mr David Weymes, minister of

Glasgow, be sua punischit, that nane hereafter be bald to attempt the

lyke.

3. That Coline Campbell, William Hegget, Archibald Hegget, and their

complices, be punisched according to justice, for the sedition and

uproare made be them, being Magistrates and Counsellors, against the

students of Glasgow, and schedding of their blood.

4. That the proclamatione lately made for the libertie of the

Assemblies may be inlargit, and more plainly sett furth.

5. That your Lordships will giue the King’s Majestie to understand,

how wicked instruments they were that persuadit his Grace to allow

and take upon himselfe, all the mischiefs and ungodly proceedings,

whereat the Kirk, his Grace and countrie, were brought to such

miserie and danger.

6. That all acts of Councill made against Presbytries and Assemblies,

chargeing them to desist from proceeding in discipline and

ecclesiasticall censures against sclanderous persones, be annullit

and delaitit out of the books: Lykewayes, that the act made against

John Durie be delaitit.

7. That his Majestie and Lords will wey what great inconvenients and

absurdities falls furth upon the act of Councill made concerning the

absolute power; and for removeing thereof, to dilaite the samen,

never to be remembrit hereafter.

8. That his Grace and Lords provyde and cairfullie foirsee, that be

the wicked practice of dimissione or associatione of authoritie, the

Kirk, King’s Majestie, and Countrie, be not hurt, and that the same

be stayit in tyme.

9. That the stipend appoyntit for the minister of Strivilling, and

now wickedly purchased be Mr Robert Montgomrie to his young sone, be

restorit againe, for sustentatione of ane qualified man to teache

that flock, qwhilk be his ungodlie dealing and apostacie hes been so

long destitute.

10. That it will please your Majestie and Lords to haue pitie and

compassion upon that noble and godly man, James Hamiltone, Earle of

Arrane, sometyme a noble and comfortable instrument in reforming the

Kirk of God, and now visite be the hand of God, and under pretence of

law, bereft.

11. That Commissioners be deput in every part, for visitation of the

Colledges, betwixt and the last of November. The Generall Assembly

gives their full power and Commissione to Mrs George Hay, Andrew

Myllne, James Balfoure, William Chrystesone, Patrick Gallaway, Andrew

Melvill, David Fargysone, Thomas Buchanan, Patrick Gillespie, James

Lawsone, David Lyndsay, Robert Pont, Andrew Hay, Thomas Smetowne,

John Young, Andrew Pollwart, Andrew Clayhills, John Knox, Patrick

Gates, and Peter Watsone, with the King’s Majestie’s Ministers, to

pass unto the King’s Heines, his noble Counsell and Estates presently

assemblit at Halyrudehouse, and to his Heines’ Parliament, when the

samen shall hapin to be halden, to present the Grieves of the Kirk,

crave answer, reasone, and report to the next Assemblie.

Sessio 17.

Anent the matter depending againes the King’s Majestie’s Advocat:

His Lordship being present, advysit the Assemblie to consider wyslie

if they allowit the forme of proceedings against him, being an

officer to his master the King’s Majestie, callit his awne, upon the

alleadgit forming of ane proclamatione gine out in the King’s name,

under the title of a Declaration, and concludit be authoritie of

his Councill--And as they shall finde be their wisdome, he wald not

contemptuouslie refuse to answer to every point to lay to his charge:

With the qwhilk desyre the breither being advysit, ffand, that in

respect of the sclander castine be his persone, he may and sould

be callit simplie to giue his declaratione for removing thereof;

qwhairwith he being content, plainly and openly taking the name

of God to be his witness, declareit, he neither inventit, pennit,

nor formyt the said proclamatione, but at the desyre of the Duke’s

Grace, translatit the last pairt thereof in Scotts concerning his

declaration, qwhilk was in French; and farther, did nothing in the

haill proclamatione. As to the remanent heids, they were answerit

summarly, and the brethren appearandly satisfyit.

Sessio 19.

The brethren appoyntit to present the Articles to the Convention of

Estates and Parliament, reportit, That the Lords cravit the advyce

of the Kirk, quho sould sit in their names and vote in Councill or

Parliament--seeing they are upon the order taking of a Counsell,

consisting of three estates: ffor the better resolutione heirof,

it was thoucht meit herin to understand the plaine meining of this

propositione at Lords’ selves, and therefore the breither to be

convenit there at afternoon, &c.

Sessio 20.

Anent the propositione made before noone concerning such as sould

vote in Parliament or Counsell in name of the Kirk: The matter being

opponit be the Lords, their propositione was, qwhither, if the Kirk

will agree that some of the Bischops be upon the Councill for the

Kirk? Therefore the Assembly conveining themselues together, resolvit

that they could not agrie that any sould vote in name of the Kirk,

but they that beares office in the Kirk, and are authorized with

commission of the Kirk, to vote and sit there; and ordaynit their

answer to be returnit to the Lords be Mrs George Gray and Thomas

Buchanane immediately.

The nixt Generall Assembly to be halden at Edinburgh the 24th of

Apryle nixt to come, except some necessar occasione of sooner meiting

fall out be advertisement of the Presbytrie of Edinburgh.

[FORTY-EIGHTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint at Edinburgh, in the New

Kirk, the 24 of Apryl 1583, qwhair there were present the

Commissioners, &c.

Sessio.

Exhortation maid be John Braid, in place of Mr David Lyndsay, last

Moderator, be reasone of the said Mr David’s departing with the

King’s Majestie’s ambassador. Leitts, Mrs Thomas Smetoune, David

Fargysone, and John Braid: be pluralitie of votis, the said Mr Thomas

was electit _hac vice_.

The brether ordaynit the Moderator to concurre with Mrs James

Lawsone, Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvill,

Andrew Polwart, Peter Blackburne, David Fargysone, and Alexander

Arbuthnott, Assessors.

Sessio 2.

The Assembly ordayns Mrs John Craig, John Durie, and Alexander Hoome,

to passe to the King’s Majestie, and humbly desire his Grace to send

Commissioners in his name to assist this Assemblie, in treating and

concluding in matters proponit; and farther to desyre his Grace,

seeing his embassador is departing to England, to give ane charge

to him to travell, that ane unione and band may be made betwixt

his Grace, her Majestie, and uther Christiane Princes and realmes

professing the trew religione, for defence and protection of the

trew word of God, and professors thereof, against the persecutione

of Papists and confederats joyned and united together, be the

bloodie league of Trent;--and also, that her Majestie will disburden

their breither of England, of the yoke of ceremonies imposed to

them against the libertie of the word, and upon thir three heads to

reporte the answer againe.

Sessio 3.

Anent the summonds direct by the Synodall Assemblie of Fyfe againes

Mr David Russel, baillie of St Androis, to hear ane sentence

definitive pronuncit upon ane proces deduced before the Presbytrie

heireof, against him, for ane sclanderous letter, publisched the

17 of March last, in presence of the congregatione: The said

Mr David being present, protesting first before God, he never

meinit nor meins to doubt of the authoritie of the Kirk, made a

discourse of the vaiking of the pulpit of St Androis, and of the

receit of the wreiting from my Lord Marche, qwhilk was present in

forme be him, and read in the kirk; qwherein he grants that there

were thir words;--calumnious pretendit maner,--being discreitly

considered,--sould not be found offensive; allwayes he hes appealit

to this Assemblie from this Presbytrie, for the causes containit in

his appellatione, qwhilk he exhibite, desyreing the Wisdome of the

Assemblie that he might have ane sicht of the proces led against him

to be advysit, with his just defence, and that rather or the matter

came in open reasonyng, that private conferrence were had amongst the

discreetest therein; with the qwhilk desyre the Kirk being advysit,

votit to the reading thereof openly; lykeas the samen being publickly

read and heard, together with the copie of the wreiting gine out be

the said Synodall Assembly, read in the paroche kirk, the farther

consideratione of the causes was left till afternoone, and he warnit

to be present.

Sessio 4.

Mr David Russell being inquyrit if he had the principall wryting

alleadged, read upon the 17 day of Marche, denyit the same, and

exhibite ane double thereof, as he termit it, receavit be him, as

he alleadgit, from ane servant of the Earle of Marche’s, nothing

different from the originall, qwhilk he pennit, and was read in

the said kirk, as he himselfe testified. As to the appellatione

interponit be him, from the said Presbytrie, the haill Assemblie

votit uniformlie, that he had weill appeallit; with whose sentence

the said Mr David said he stood content. As to the sentence to be

pronounced in the said matter, as also against William Leirmonth,

ane uther of the saids Baillies, the Kirk continewit the same to the

morne, warnyng them both presently thereto.

Sessio 5.

Mr David Russell submittit himself absolutlie to the judgement of the

Assembly, concerning the process laid against him.

Ordayned Mrs Alexander Arbuthnott, David Fargysone, and John Durie,

with the King’s Ministers, to pass to his Grace and Counsell, and in

name of the Kirk crave earnestly, that the French ambassador whaise

trauells hire are suspect to tend both against religione and common

weall, may be dispatchit; That Mr Hault, the Jesuit, may be accusit

and tryit, and according to his offence, if he be guiltie, to be

punisched: Sicklyke my Lord Settone’s sone may be send for, and

accusit of the wrytings sent to the Jesuites, and order put to him

therefore.

Attoure that ane brother of Cambowe’s, refuseing to abyde the

judgement of the Kirk, and allowes the breaking of the King’s lawes

concerning his religione, may be summoned to ane particular dyett, to

underly the law.

_Item_, To remember his Grace anent the Abbot of Halywood, that no

licence be gine to him to depart out of the countrie; and suchlyke to

remember concernyng Mr David Chalmer.

Anent the citatione direct from the Synodall of Fyffe againes Mr

David Russell, baillie of St Androis, to compear in this Assemblie,

to hear sentence definitive pronuncit upon ane proces led and

deducit before the Presbytrie of the said citie, for publisching of

a sclanderous letter upon the 17th day of Marche last, in presence

of the congregation of St Androis; as the actione at lenth beares:

The said actione and haill proces being publickly read and at lenth

considerit be the haill Assemblie, and the samen, with the deductione

thereof in all poynts, together with the letter and intimation of

the said Synodall Assemblie publischit in the paroch kirk of St

Androis publickly, being orderly proceidit, Lykeas the said brethren

in ane voyce justifies and allows the proceedings thereof, and of

the said Presbytrie in the said cause; and after good deliberatione

and resolutione taken upon the sicht and diligent tryell of the said

proces and probatione led therein, Hes fund, and finds, that the said

Mr David not only hes given heavy sclander, and offendit against the

Presbytrie of St Androis, but farder, has sclanderit very heavilie

against the Kirk of this realme, as that, sen the Reformatione of

religion within the same, the lyke thereof hath not beene offerit in

any persone, and speciallie in the particulars following, evidently

proven and evictit _per testes omni exceptione majores_; qwhairof a

part also is confest be himselfe, granting he had done amiss, and

submitting him to the determinatione and arbitrement of the haill

brethern absolutlie:

To witt: In calling the ordinance of the presbytrie a rabble, saying,

it sould not pass but an answer--it sould be worse then the faire of

Glasgow--and that, four dayes before the famous lybell was published:

2. In giving command with threatenings to publische the letter in

face of the Kirk: 3. In penning and forming the said blasphemous

letter: 4. In denying first, with attestation, the penning thereof,

and thereafter granting the same: 5. In opponing him in all heads of

the said letter to the ordinance of the Presbytrie: 6. In wryting

thir outrageous words therein--pretendit Presbytrie, usurpitance

of the said Presbytrie, without any ground of God’s word, or lawes

of the realme--that the said Presbytrie did, against their awne

consciences, and Christiane charitie--that some of them were

promise-breakers, (howbeit the contrare were verifiet in accusatione

of the letter of the Presbytrie), of calumnious objections:--and in

contemning not only the jurisdictione of the Presbytrie, but also

the Synodall Assemblie: And therefore hes decernit and ordaynit, in

ane voyce, that the said Mr David, upon Thursday cum aucht dayes,

immediatly after returning from this Assemblie, shall appear in

presence of the Presbytrie of St Androis, and with humiliation of

heart, and earnest and trew repentance, confessit and acknowledgit

before them, that in the particulars abovewritten, and euery ane

of them, he hes heavily offendit his God, sclanderit the said

Presbytrie, and the haill Kirk of God within this realme;--craving

God’s goodness to pardon him, and the said Presbytrie to forgive

him, with promise in tyme cuming, to avoyde all such sclanderous

behaviour or dealing; quhais humiliation and repentance being fund

unfeigned and earnest, be the sicht of the said Presbytrie, and they

satisfied therewith, that upon Sonday immediatly thereafter, he

appear before the pulpit, in the paroche kirk of St Androis, before

noone, after the sermone, and immediately before the prayer, in

presence of the congregatione, and there make the said confessione,

and acknowledge his offences in particular, and in manner as is above

deducit--exhorting all the brethren and the congregatione to the

obedience of the Kirk and ordinances thereof, that as they have been

sclanderit be his fall, so be his rysing they may receive comfort and

good example: Qwherein, if the said Mr David failzies and gives not

absolute obedience, according to the tennor of this sentence, in all

poynts, that the said Presbytrie of St Androis proceed against him

with the sentence of the Kirk.

Anent the order and injunctiones to be wsed against Gavin Grahame

and his colleagues, alreadie excommunicat: The Assemblie present

hes ordaynit, that they shall satisfy the injunctiones wsed against

murtherers, incestious persones, before they be absolvit from the

said sentence, the forme qwhairof is contained in ane act made in

December 1565, Sess. 4; and the same being dewly satisfyit, and

earnest repentence seen in them, ordaynes the said Presbytrie of

Glasgow to absolve them from the said sentence.

Sessio 7.

Anent the heads proponit be the Provest of Dundie, and the Laird of

Colluchie, his Majestie’s Commissioners: The Kirk, be the Moderator,

gave answer, that for expeditione of the first head, the Assemblie

sould appoynt their next conventione the sooner, that ane absolute

answer may be gine thereto.

Touching the second: they have found, by experience, that Commissione

gine to brether, with power to conclude, have done great hurt to the

Kirk. As to the novelties, they sould meddle with nane.

Anent the lamentable supplicatione gine in be the Earle of Arrane,

bearing, That qwhair, upon the diuerse supplicationes presentit to

the Generall Assemblies at Dundie and Edinburgh, to have travillit

with the King’s Majestie and Secret Counsell, for his deliverance

from his lang captivitie, and restitutione to him of his heritage,

maist wrangouslie withholden from him, be the wickit and fraudulent

meanes of the present possessor thereof; Nottheless, that ungodlie

man, abuseing the youth and favour of his Soveraigne, hes not

suffered your suite to be heard, tryit, and allowit be his Majestie,

as he is sure it will be qwhensoever his Grace shall be dewlie

informit of his innocencie, and the miseries, grieves, and wrangs

be him sustainit, in spirite, bodie, and warldlie good, be the

crueltie of his enemies; beseiking the Assemblie, therefore, as

the only meine in this warld, qwham unto he may haue esperance, to

present his regraits and dolences to his Majestie, that they will

yet continew their former sute in his favour, and pretermit to the

present opportunitie of his Majestie’s good dispositione, not able to

be abused be the craft and subtilitie of that his unjust enemie being

presentlie removit from his Majestie’s presence; praying them also

to labour that his body and living may be committit to the custodie

of his very undoubtit friends, qwho will have unfeigned care for the

preservatione of the ane and wther, according to conscience, equity,

and righteous lawes of all civill countries;--Remembring presently

that he is so destitute of all wther meines of intercessione, saving

them only, through fear of his enemies crueltie, that among so many

naturall friends of all degrees, he can hardly finde ane who will

declare himself the presenter of this his supplicatione made to the

said Assemblie: the qwhilk necessitie he doubts not their Wisdomes

will worthilie supplie.

The Kirk having considerit the said supplicatione, Ordaynes their

breithern to present or direct to the King’s Majestie, to schaw his

Heines this pitious complaint--craving his gracious good answer

therein; and farther, as the Assembly shall finde opportunitie, be

their Commissioners’ travells, to be done for the weill and comfort

of the nobleman.

Mr Robert Pont declared that, with part of his heritage and worldlie

commoditie, he had proponit to sit downe in St Androws, and had

served on his awne charges ane haill year, and could not have any

equall conditione of living, no, not the least provisione that any

had that past before, and now altogether his heart is abstractit from

them--praying the Kirk not to lay the charge upon him against his

will.

Sessio 9.

Anent the citatione direct against William Leirmonth, beallie of St

Androis: The Assemblie, in respect of the said William his simple

confessione, that he gaue command to Niniane Rule, to read publickly

the sclanderous Letter against the Presbytery of St Andrews, in the

paroche Kirk thereof, and of his humble submissione to the haill

Kirk, Ordayns him, upon Sonday cum aucht dayes, to compeir before the

congregatione of St Androis, after sermone, and before prayer, and

there confesse his offence forsaid, asking God and his Kirk pardone

thairfore, under paine of the censures of the Kirk, to be execute be

the said Presbytrie against him.

Sessio 10.

Anent baptisme ministrat be laik persones, and such as hes no

ordinarie functione in the ministrie of the Kirk: The Generall Kirk,

in ane voyce, hes concludit the same to be no legall baptisme;

and that these that in the pretendit manner are baptized shall be

baptized according to God’s word.

Anent ministers that makes not residence at their awne Kirks: The

Assemblie ordayns the Presbytries, universallie within thair awne

bounds, to take order therewith, as they will answer to the Kirke.

Anent the proces deducit before the Presbytrie against Henrie

Adamsone, burges of Perth, and approven be the Synodall Assemblie of

the province: The whole Kirk, at length having considerit the proces

and probatione led in that matter,--being weill resolvit and advysit

therwith,--In ane voyce declares and finds the said Henrie, be his

familiar and suspect behaviour to Jeane Thorntowne, spouse to Oliver

Peblis, resorting with her in privat and suspect places, drinking and

conversing with her, and utherwayes behaving himself not so chastly

as becomes an honest married persone, as be syndrie circumstances

in the said proces appeares, To have gine suspitione that he has

committit adulterie with her, and thereby to have gine occasione of

sclander in his persone: Therefore, ordaynes him, immediately after

his returning from the Assemblie, to compeir before the Presbytrie

of Perth, and there, with humilitie, unfeignedly to confesse and

acknawledge that he hes gine occasione of sclander, asking God and

his Kirk forgiveness therefore; and thereafter, upon ane Sonday to

be appoyntit be the said Presbytrie, he shall compear in the paroche

kirk of Perth, in tyme of sermone before noone, sit in the place of

repentance in his common apparell qwhill the sermone be endit, and

immediatly after the end thereof, and before the prayer, stand up

in the said place of repentance, and confesse and acknowledge the

sclander gine by him, and ask God and his Kirk pardon therefore,

with promise in tyme coming to avoyd all sclanderous behaviour and

suspition of any such cryme, under the paine of the censures of the

Kirk, to be execute against him be the said Presbytrie.

Sessio 11.

Anent the difficultie movit be certaine breither, if it be lawfull

to a pastor alreadie appoyntit and serving ane flock, to receave

admissione of ane benefice appertayning to ane uther kirk nor qwhere

he serues, and remoue him from his awne flock without licence of the

Presbytrie qwhere he serves, Synodall, or Generall Assemblie: The

haill Assemblie, after many reasones had on aither syde concerning

this doubt, resolvit and concludit, That a pastor provydit and

serving ane flock, laufully may not remove from his flock qwhere

he first serves, without speciall licence obtaynit be him of his

presbytrie, Provinciall, or Generall Assemblie, and inhibitand and

dischargand all Presbytries, in tyme cumming, to admitt any persone

elsqwhere serving, as said is, to benefices, without testimonialls

and licence schawne be them, of the consent of the Presbytrie,

Synodall or Generall: And if any persone beis fund, against the

tenor heirof, to transferr himself without consent forsaid, The Kirk

hes concludit and decernit him to be deposed from his functione and

calling of the ministrie in all tyme cuming.

[FORTY-NINTH GENERAL ASSEMBLY.]

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

New Kirk thereof, the 10 of October 1583, qwhair there was

present the Commissioners.

Sessio.

Exhortation made be Mr Thomas Smetoune: Leitts, Mrs Robert Pont,

Peter Blackburne, Nicoll Dalgleish, and James Balfour. Be plurality

of votis, the said Mr Robert was electit, _hac vice_.

The haill Kirk ordaynes Mrs James Lawsone, Andrew Melvill, Thomas

Smetone, John Craig, Walter Balcanquall, Peter Blackburne, Andrew

Polwart, John Davidsone, Nicol Dalgliesche, John Durie, the Lairds of

Braid and Pilrige, with the Commissioners of Edinburgh, to conveine

and intreat with the Moderator.

Sessio 2.

Forsuameikle as the raritie of this Assemblie chieflie stands in

default of the brether of the ministrie, having commission to come

to the Generall Assemblie, and yet comes not: The Kirk hes thocht

meit that the Countries be callit on, and considerit who are absent;

and sicklyke, if all that are in the Commissiones alreadie gine in

be present, and that the absents be markit, and a substantius order

provydit to correct them.

Sessio 3.

Anent the Constitutiones and Acts made in the Generall Assembly,

It is determined and resolved, that ane Act being concludit in the

Generall Assembly, no just cause in the changeing thereof intervening

therafter, it shall not be leisum to any particular brother, in ane

uther Generall Assembly, to call the same in questione againe.

Anent the Commissione gine in the last Assemblie to visite the

Universitie of St Androis, and to consider how the rents and

livings thereof are bestowit--how the doctrine is used be the

maisters and regents, and if the same be correspondent to the act

of Parliament--and how the order is keepit amang the students: The

Kirk hes committit of new the executione of the said Commissione to

Mr Andrew Polwart, Thomas Buchanan, Nicoll Dalgleische, and William

Chrystesone: and, to that effect, ordaynes to conveine themselves in

St Androis, the 6th day of Marche nixt to come, and qwhat they doe

herein, to report to the nixt Generall Assemblie. Mr Robert Wilkie,

in name of the Universitie, protestit that the said Commissione

prejudge not the libertie and priviledge of the Universitie.

Ordaynes the Moderator of the Assembly to receave from the Clark

thereof the extract of the Commissiones gine to breither the tyme

he bears charge, in case they be absent from the Assemblie the tyme

of the direction thereof, and to direct them tymouslie to the said

breither, that the said Commissiones be not left unexecute, upon

pretence of their absence and ignorance of the same.

Sessio 5.

Ordaynes every presbytrie within their awne bounds to call before

them the beneficed persones within their awne jurisdictione, and to

take accompt and tryall how they have keepit the act of the Assembly,

touching the disposition of their ecclesiasticall living--in what

manner, and qwherein the same hes been transgrest--and to make ane

just report thereof to the nixt Assemblie be the Moderator of their

Elderschipe as Commissioners, as they will answer to God and his Kirk.

Articles to be direct to the King’s Majestie, being presentit in

forme, the haill Assemblie votit to the presenting thereof,

with the Instructiones, qwhairof the tenor follows.

The Booke of the Universall Kirk of Scotland Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained. · 第 81 / 182 题