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.