Chapter XI: Part 11

Ordaynes ane supplication to be made to the King’s Majestie and Lords of the Articles, that no acts be past in Parliament repugnant to the trew word of God, and namely concerning bischops, with scharp admonitiones therein, to be pennit be Mrs Thomas Smetowne and Andrew Melvill, and the samen to be presentit with the articles the morne, at aucht houres, be Mrs James Lawsone, David Lyndsay, Andrew Melvill, Andrew Hay, Thomas Smetowne, and Johne Braid.

Sessio 23.

The Assemblie giues full power and commissione to the presbytrie of Striviling to summond Mr Robert Montgomrie, minister there, before them, and to try and examine his lyfe and conversatione; and accusatione, to be gine in thereanent, with all possible diligence; and what they find therein, to report to the next Synodall Assemblie of Lawthiane, to qwhom the Assemblie gives power to proceed against him, according to the tryall of process deducit before the said presbyterie, under the pain of disobedience: Sicklyke, charges the said Mr Robert to continew in the ministrie of the kirk of Striveling, and not to medle with any uther office or functione in the Kirk, namely, in aspireing to the bischoprick of Glasgow, against the word of God and acts of the Kirk, or to vex any of his brether with his admissione thereto, under the paine of excommunicatione to be led against him: whereunto if he disobey, as after tryall taken of his disobedience be the said Presbytrie, the sentence of excommunicatione to be execute be them, with advyce and concurrence of John Durie, David Fargysone, John Duncansone, and John Dykis, and this charge to be intimat be the Moderator of the Assemblie to the said Mr Robert, that he pretend no ignorance thereof.

The Articles and Supplicatione to be presentit to the King’s Majestie and Lords of Articles, were read and allowit; the tenor whereof is not sett downe in the originall.

[FORTY-FIFTH GENERAL ASSEMBLY.]

The Generall Assembly, conveint at St Androis, in the New
Colledge Schools, the 24 of Apryle 1582, where there was
present the Commissioners.

Sessio.

Exhortatione made be Mr John Craige. Leitts, Mr Andrew Melvill, David Lyndsay, and David Fargysone: The said Mr Andrew, be plurality of votis, was chosen Moderator _hac vice_; at qwhais desyre Mrs John Craige, James Lawsone, Andrew Hay, David Lyndsay, Robert Pont, Thomas Smetowne, Andrew Polwart, Thomas Buchanane, Patrick Adamsone, my Lord Rector, the Lairds of Lundie, Merchinstoune, Braid, Pilrige, Elphinstoune, Patrick Kynnynthmond, and John Johnstoune, Commissioners of Edinburgh, were nominat Assessors.

Sessio 2.

Anent Falkland Presbytrie being at thrie ministers, qwhairof ane was fund sclanderous; it was answerit, that the brethren could establish no Elderschip there, bot they thocht meitest, qwhill God increased the number of preachers there, that their resort sould be to St Androis, if the Assembly thought it expedient.

The Assembly ordaynes these of Falkland, be-east Levine, to resort to St Androis; and these be-west to Dumfermling, unto the tyme it please God to giue commoditie of ministers and elders, that they may have their awne Elderschip.

It was reportit to the Assemblie, that ane Elderschip is begune already in St Androis, of pastors and teachers, but not of these that hes the cure of teaching.

Sessio 3.

Forsuameikle as, notwithstanding of many diverse godly acts and proclamations sett out be the King’s Majestie, as acts and constitutiones made be the Kirk against Papists resorting within this countrie from beyond sea; yet, from tyme to tyme, there arryvis syndrie professing plain papistrie, be moyen of the maisters and owners of schips receiving them in their vessels, and transporting them in thir pairts, unknawne either to magistrate or Kirk; wherthrough no just tryall could be had of them: For remeid thereof the haill Kirk hes votit and thocht meit, that in tyme cuming, all masters and awners of schips arryving within whatsumever port of this realme, strangers and passengers shall, immediately after their arryvall, present their names to the Magistrate and Sessione of the Kirk of the townes and ports where they arryve, to the effect that the knawledge may be had if they haue inbrocht any papists, under the paine of excommunicatione and censures of the Kirk to be execute against them; and this Act to be publickly intimat to the ministers of the saids townes and ports,--to the effect that no ignorance be pretendit heirof; and suchlyke, supplicatione to be made to the magistrates of the saids townes and ports, that they will giue charge and commandment to all masters and owners of schips within their bounds, to receiue no papists within their schips, to transport to this countre: and in caice any be receivit, to present their names immediatly after their arryvall unto the said Magistrates and Kirk, that order may be taken with them, under such strait paines and acts as they can best devyse; as they will declare themselves zealous of God’s glory, and promoters of the word of his Sone Jesus Christ.

Sessio 4.

The Kirk ordayns the Elderschip of Dumfermling to call before them, Robert Aytowne of Inchbervy, to giue confessione of his faith; and if he refuises, to proceed against him conforme to the King’s proclamation and acts of the Kirk.

Forsuameikle as the Kirk understands, that there is certaine papists in Camphier, that not only troubles the congregatione of the Scottishe natione, but also the Fleymingis, and will not submitt themselves to the censures of the Kirk, be reasone of their alleadged priviledges: heirfore the haill Kirk of Scotland, in ane voyce, gives their full power and commissione to the minister of Camphier, to proceid against them, as they ought to doe therein themselves; requestand also the Conservator to hold hand unto the Kirk, that order may be had against them.

Sessio 5.

Mr Mark Kar, my Lord of Requests, presentit ane letter to the Assemblie from His Majestie, the substance whairof is conteinit in the Articles after following.

Articles from his Majestie.

1. Qwhither think ye that all benefices under Prelacies, newlie provydit since the King’s corronatione, sould pay any thrid, or no thrid?

2. If some sould pay thrids, and some nane, what shall be the difference?

3. Should not all benefices presentit to Ministers and Readers before the first day of November 1581, be allowit in their year’s stipends from the same day of the first day of November 1582; and if ye think that there shall be any difference be reasone of the annat or utherwayes, that ye declare it?

4. Should not all persones presentit and admittit to benefices in this tyme, be placed in the book of Modificatione, as Ministers or Readers, the kirks belangand to the same benefices?

5. Aucht such, being ministers, as hes sufficient ecclesiasticall livings of their awne, be reasone of benefices qwhairunto they are provydit for their lifetymes, take stipends to serve at uther kirks?

6. Think ye it not convenient, that the Reports answering to the King’s Majestie’s letter, send over all the realme this last summer, shall be sein and considerit at this tyme, for the better understanding of the estates of the kirks, and to see how many of the same reports are in your awne hands, for so many as the Clerk of Register hes shall be readie and patent?

7. That ye latt us wnderstand what ye haue thocht meit and concludit, anent the Readers in generall, and speciallie Readers that are presentit to viccarages for their lyfetymes?

8. Think ye it reasone, that any presentit to the title of a benefice, and serving as minister and reader at the only kirk belonging to the same benefice, shall haue any manner of allowance or stipend nor the rent of the selfe same benefice?

9. What think ye most readie and possible to sustaine the colledge kirks?

10. To qwhom think ye the King’s Majestie and the lawit patrones sould direct the presentationes for admitting qualifiet persones to such benefices as shall happen to vaike, be the deceiss of the present possessors of them, and that ye will name the persones in speciall?

11. Seeing the dearth of victualls maks great inequalitie of stipends, some haveing victuall allowit for ane mark or xx. shilling, and uthers of that silver assignit to them, constraint to buy at 5 or 6, or sumtymes 7 merks the boll; were it not agrieable to equitie that all ministers had their proportionall part of victuall and money, or else that the victuall sould be sauld or allowit at the hyest pryce, qwherthrough such as hes small stipends may be the better augmented?

Answers to the Articles.

1, 2. To the first and second: before they be speciallie answerit, it is thocht meitest, that there be ane forme of assignatione made be some to be appoyntit thereto, betwixt and the next Assemblie, to all kirks and ministers that are licklie to stand and continow, respectand the answers and advyce sent out of everie countrie, and as if the present possessors were dead; and that chairges be direct to such as hes not sent their answer, to send them with expeditione.

3. It is thocht meitest that the intrant to any benefice shall enter and serve the cure of the kirk thereof, at the next first day of November, after his admission at the next Whitsonday, and shall have no farder stipend for this year, but the taxt or superplus, as it falls; because his executors will fall alse meikle at his deceiss, according to the ancient order of the annatt: and that diligence be done to gett rowis of all benefices taxt; and qwhatever benefices are not taxed, the rents thereof the first year to be devydit equallie betwixt the executors of the defunct and the intrant; qwhilk intrant shall only have the half fruits of the year of intrantie, and sicklyke of the stipends.

4. We think nane sould be placit in the book of modificatione but worthie and qualified persones; and if any be presentit or admittit to benefices since the King’s coronatione, that are unworthie or unable to discharge their dewtie, that they be callit and depryvit, be such order as shall heirafter be condescendit upon.

5. For the generall, we think that such being ministers, as hes sufficient livings of their awne, be reasone of benefices qwhereunto they are provydit for their lyfetymes, sould not take stipends to serve at uther kirks, without great necessitie seen and allowit be the General Assemblie; and upon the speciall knawledge of the persones that are not able in this head, order shall be taken to reforme them as appertayneth.

6. We think this thing most necessar and agrieable to that qwhilk is appoyntit in the answer to the first and secund articles.

7. This article shall be speciallie answerit, how soon it may be advysed be the Generall Assemblie.

8. Upon the sicht of the forme of the particular assignation to be made, and what particular causes shall fall under this rule, We shall give our speciall answer heirunto, qwhilk is concludit, and will depend upon the answer to be made to the first and second articles.

9. We cannot but think it reasonable, that the Colledge Kirks be also weill provydit of ane minister as wther kirks; and thinks, that in making new assignationes for the next year, the ministers of the Kirks of the Colledges, sould be assigned for his stipend upon the fruits of the same kirks, alseweill being assignit to the help of the Colledge wtherwayes, or then the Colledge to haue the rents of the kirks as before, and the minister to haue his assignatione utherwayes.

10. The presentation to be directit to the Commissioners of the Kirk within whais bounds the benefices lyes.

11. This matter is weightie, and touches manie, and cannot be weil answerit be us, without the advyce of the Assemblie, to qwham it shall be proponit, and thereafter resolute answer given.

As the examination and admission of Ministers within this realme is, be act of Parliament, ordaynit to be in the power of the kirk, now openly and publickly professt within this realme, so it is thocht, that the deprivatione of ministers is in the power of the same kirk, and them that admitts and examinats them, ministers.

Towards the deprivatione of Bischops admittit since the King’s coronatione: it is thocht meit that the same be lykewyse in the power of the Kirk, and them that examinats, elects, and admitts Bischops, and the same deprivatione alseweell to extend from this functione of the ministrie as from the benefice itself and fruits thereof, qwhairthrough the same may be declaired vacand, and to be presentit and conferrit of new, as if he were naturallie dead.

Causes of deprivatione we take it to be--heresie, papistrie, common blasphemie, perjurie, adulterie, fornicatione, incest, slauchter, theft, common oppression, common drunkenness, wsurie against the lawes of the realm, nonresidence and absence from his flock and office be the space of fourtie dayes together in ane year, without lawfull impediment allowit be the Generall Assemblie; pluralitie of benefices provydit sen the King’s coronatione, to be cause of deprivatione from them all except ane, that the possessors will astrict themselves to make residence at the same; dilapidatione of the rents of benefices contrare the act of Parliament; simonie: For the forme of deprivatione, ane lybellit precept on fourtie dayes warning within the realme, and within sixty dayes being without the realme, to be direct to the Kirk and such Commissioners thereof, as elects and admitts the persone complaint on--summonding him to compeir and answer upon the complaint; and, in caice of his absence at the first summonds, the second to be directit upon the lyke warnyng, with certification if he failzie, the lybell shall be admittit to probation, and he shall be haden _pro confesso_. Efter the decreit gine, if the persone against qwham it is gine think himselfe wrangouslie grevit thereby, it shall be leisum to him to interpone appellatione to the next Generall Assembly, and intimat the same within ten dayes, utherwayes the decreit to receive present executione.

Sessio 6.

Anent the questione moveit to the Assembly, If the Generall Kirk hes power to revoke whatsoever things done be them, or any particular member of the same, to the hurt and prejudice of the Kirk, or not?

The brethren, after reasonyng and disputting in the matter, at lenth votit _affirmative_ in the questione--that the Kirk hes power to doe the same.

Anent the summonds raisit, to this day, by the Elderschip of Striviling against Mr Robert Montgomrie, minister ther of sumtyme, to heir the sentence of suspensione gine in against him from the ministrie allowit be the Generall Assembly; and farder to the clause concernyng his life, manners, and doctrine, and uther things qwhilks the said Assembly sould lay to his charge; as the summonds at length beares: The said Mr Robert being present, and requyrit to answer heirto, before all protestit, that if the Kirk proceeded in any thing against him, or charge him without warrand of the word of God, for remead and answering to the summonds, albeit the Generall Kirk sould not allow any thing deduced in the said proces; because he was never lawfullie summoned thereto, knew nothing thereof his suspension from the ministrie, but the only bruit, nor never was the samen intimat to him, and in so farr as the proces being personall, intimation to him of the said suspension, took instrument thereupon, and offerit to improve the samen in that poynt: With all the qwhilks alleadgences, the Kirk and brether weell advysit, notwithstanding thereof, Finds the said proces, decreit and intimatione thereof, ordourly deducit and proceidit, and the said suspensione well proceidit and gine; reserving nottheless to the said Mr Robert, in the secund instance, to sute reductione and remeid, as appertayneth.

Being farther accused of contraventioune of the said sentence of suspensione be preaching of the word, and ministratione of the sacraments afoir the intimation thereof, he granted the same, but pretended ignorance of the giving of the said sentence.

Before farther reasonyng in this matter, my Lord of Requests presentit to the Kirk, a wryting sent from the King’s Majestie unto them, to declare that his Majestie’s will was, That the Kirk should not trouble the said Mr Robert for any thing concernyng the bischoprick, or that may result thereupon, or of any uther cause bygane, committit be him; but that it might be handlit before his Grace: Qwhilk being reverently receavit and read in open Assemblie, the breither praisit God that movit the King’s heart, to send his Commission to the Assemblie; and as to the action present, with the assistance of God, such attendance sould be gine thereto for his Grace’s request, that nothing sould be handlit belonging to the civill power, and nothing but uprichtlie, sincerly, and with the just judgement pronuncit against him, as they sould answer to God and his heines.

Sessio 7.

Hereafter ane plaine and lange discourse was made openly, of the haill diligence of the brether to qwhom Commissione was gine in the last Assemblie, concernyng the said Mr Robert, and the copies of the charges given to them at his instance, producit, declareing and bearing effectuouslie, witnessing of his knowledge of the said suspensioune, albeit he plainly protestit before God, he never knew of the raising of any of the said charges or executiones thereof; with the qwhilk discourse and confessione of the said Mr Robert, that he had preachit and administrat the sacraments sen the said decreit of suspensione; The Kirk being advysit, in ane voyce, after voting, ffand the said decreit and sentence violat be him, and superceidit to decerne upon the paine of the said contraventione, qwhill the morne that the brether first conveining.

The said Mr Robert demandit the answer of the haill Kirk, if they wald accuse him of any thing concerning the Bischoprick or any thing resulting thereupone: 2dly, That he might have the copy of the large discourse made verballie be the brethren, to the effect he might answer simply to every poynt thereof.

Being removit out of the Assembly, within a little space thereafter compeirit John Burne, messenger, and be vertew of our Soveraigne Lord’s Letters, delyvrit be the Lords of Secreit Councill, inhibit and dischargit the brethren of the Generall Assembly, the Moderator and his Assessors, from directing any citations against Mr Robert Montgomrie, as is therein contenit, wsing of excommunication, innovatione, sclandering or troubling of him in his ministrie, for aspyring to the Bischoprick of Glasgow, or calling or persewing of his breither for the same, or for any promise made be them thereanent, or any uther thing dependand thereupon, in tyme bygane, under the paine of rebellion, and putting of them to the horne; certifyand them and they failzie, he wald denunce them our Soveraigne Lord’s rebells, and put them to his heines horne: of the qwhilk charge he delyverit instantly ane copie qwhilk he subscrived with his awne hand.

The said Mr Robert being callit again, and being absent, the brether ordaynit Mr Thomas M‘Kgill to warne him the morne.

Anent the age of persones that shall hereafter enter in the ministrie of the word: seeing that sundry hes been intrusit upon the Kirk, and presentit to benefices having cure, that be reasone of their young yeares and laick of experience and judgement, that cannot be able to discharge that high and sacred vocatione, qwherunto they are callit; The Kirk of ane mynd hes votit and concludit, that in tyme cuming, naine be admittit to the functione of the ministrie, nor collationat, nor admittit to any benefice of cure, without they be of the age of twenty-fyve yeares, except such that for singular and rare qualities into them, shall be judgit be the Generall Assembly meit and worthie thereof.

Sessio 8.

Anent the ordinance made yesternight concerning the summonding of Mr Robert Montgomrie, to compeir before the Assembly this day at ten houres: the said Mr Robert being callit and not compearand, but be William Montgomrie his alleadgit procurator, qwha producit ane appellatione qwhereof the tenor heirafter will appear.

Compearit Mr Robert M‘Kgill, and declareit, that at command of the Assembly, he warnit him yesternight to compear at this houre, before the haill Kirk, personallie, in presence of Mrs Walter Hay, John Cowper, and Andrew Ker, and that he promised to compeir personallie at the hour appoyntit, qwhilks the said brether and witnesses testified to be trew.

Hereafter was certaine speciall and innorme crymes producit and read, qwhairof he was alleadgit to be guiltie. 1. Negligence and corruptione in doctrine, also dissollutione in lyfe, for the qwhilk he was suspendit; contraveining of the suspensione in Glasgow, Strivelling, and in the King’s owne chappell; violating of his promise made to the Presbytrie of Striviling, that he sould remaine and wait upon his cure; horrible lies in the face of the Assemblie, denying, with protestatione before God, the intimatione of the suspension, and raiseing and executing the letters; procureing of letters be sinister informatione for overthrowing the discipline of the Kirk; usurping an uther man’s flock, accompanied with armed men since the suspensione; chairging of the haill Assemblie, under the payne of hornyng, to stay with all proceiding against him with excommunicatione; blasphemous railing against the brether and ministrie in pulpit, sen his suspensione, and of before; and, _in summa_, manifest contempt of the ordinance of the Kirk, and stirring up of ane fearfull schisme betwixt certain of the nobilitie and the Kirk: Qwhilk being tryit, pairtlie be his awne confessione, pairtly be the proces deducit be the Generall Assembly halden last in Edinburgh, and be the proces deducit before the Elderschip of Striveling, and partly be the testimonie of good and godlie brethren of the Assemblie, were found all to have falline in his persone, and him to be culpable and guiltie thereof: for the qwhilks haynous, fowll, and most unworthie crymes, the Assemblie of the brether votit and concludit the said Robert, not only unworthie to serve in the office of the ministrie, but to be depryvit thereof perpetuallie, in all tyme cuming; and the sentence of excommunication to strick upon him, without he prevent the same be repentance.

My Lord of Requests cravit of the Kirk, that the pronouncing of the said sentence sould be superseidit qwhill the King’s Majestie were advertised. The Kirk heirto continouit to giue answer qwhill thair meeting at afternoone.

Sessio 9.

The letter written to the King’s Majestie in name of the whole Kirk, being read, was thocht good to be delyverit to my Lord of Requests; whereof the tenor follows:--

Pleas your Majestie;

We have receavit your Grace’s maist loving letter, direct to us by your Grace’s Commissioner, Mr Mark Ker, Mr of Requests, and are compellit to burst out most humble thanks to our God, qwho of his mercie hes gine us so godlie ane King, cairfull and weill willing that God be glorified, and his Kirk, within your Majestie’s realme, mentaint, as plainly be the articles be your Grace proponit: Qwhairunto, with all diligence, we begine to make answer, but in such shortness of tyme and great strait whereunto we are brought be certaine letters raisit at the instance of Mr Robert Montgomrie, we are altogether stayit in that and many uther godlie actiones: ffor upon the 27th of this instant, the Assembly being occupied in quyet and modest reasonyng of grave and weighty matters, he causit ane officer of armes irreverently to enter, and, under the paine of hornyng, commandit the haill Kirk from all proceiding against him, for whatsoever cause or enormitie committit in these his wicked attempts; a thing that was never heard nor seen since the world began; whairof we man lament unto your Majestie: And having no uther refuge under God, most humblie cravis, that be thir extraordinary chairges direct against the word of God and lawes of your Grace’s countrie, we be not constraint, either to betray the cause of God be beiring and winking at horrible crymes, manifest to all men in the persone of the said Mr Robert, or else to be reput and accountit disobedient to your Majestie, in whais service we have been, are, and shall be ready to sched our bloods and spend our lyfis; beseikand your Grace we may finde this grace and favour in your Majestie’s sicht, to keep our conscience clean before God, and reserve our saules to him who hes gine us care of the saules of his inheritance. This most reasonable request we doubt not to obtaine of your Majestie, our particular reasons being heard and considerit, qwhilk we mynde, by God’s grace, more largely to expone be certaine brether direct to your Majestie, both to this effect, and with a full answer to the forsaids articles. In the meane seasone, we beseik your Majestie, giue no credite to the sinister report and wrangous informatione of men, that, be such dealing, goes about to draw your Majestie’s heart from your trew and faithfull subjects, and be this unhappie schisme, to overthraw the Kirk of God within your Grace’s countrey, and, for their awne particular gaines, banische Christ and his word, (whilk God of his infinite mercy forbid,) and preserve your Grace, body and saul, for ever.--From St Androis, the 28th of Apryle, 1582.

As to the sentence to be gine against Mr Robert Montgomrie, and the enormities conteint in the acts preceiding, The Assemblie and brethrene present, after voteing in the said matter, depryvit the said Mr Robert from all functione of the ministrie in the Kirk of God, dureing the will of the Assemblie; and farder, decernit the sentence of fearfull excommunicatione to be pronouncit in face of the whole Assembly, be the voyce and mouth of the Moderator present, against him; To the effect that his proud flesche, being cast in the hands of Satane, he may be winne againe, if it be possible, to God; and the said sentence to be intimate be euery particular minister at his awne particular kirk, solemnlie in the first sermone to be made be them after their returning.

The instant pronunciation of the said sentence, beand stayit be the Moderator qwhill Monday at nyne houres, be reasone of the compearance of the said Mr Robert, who renuncit the appellatione interponit be his procurator in his name, and be himself before noone, from the sentence of the Kirk, and desyrit conferrence to be grantit to him of the maist godlie and learnit brether--qwhilk the Kirk grantit whill Monday at nyne houres, upon condition he remayned and wayted upon the doctrine and conferrence of the brether, and made no novatione of new chairges against the Kirk; who promised to attend upon the doctrine and conferrence of the brether the morne all day; and as to novatione or new charge, he should use or purchase nane in the meantyme, if the Kirk usit nane against him: And farder, the Assemblie ordayned prayers to be made the morne in the sermone for him, be them that occupyed the place for the tyme.

Sessio 11.

Anent the conferrence had yesternight with Mr Robert Montgomrie; to the effect that the brethren might understand what fruit had followit thereof:--First, they demanded of him, in presence of God, to tell the simple trewth of the accusationes that was layit to his charge of before, qwho, after prayer to God to be mercifull to him, grantit and confessit as after followes:--ffirst, He confest the command gine him be the Reader of Striviling to desist from his office: 2. Grantit baptizing of bairnes begotten in fornicatione, but tooke cautione of the parents to satisfy the Kirk, but not in presence of the Elders and Sessione: 3. As to the circumcision of women, remembers not that ever he preached it: 4. Grants he made promise to the Presbytrie of Striviling to await on his charge of the ministrie there, qwhilk he hes broken: 5. He confest that, upon the 20th day of Marche, he had mention made of his suspensione be the Presbytrie of Striviling, but he was not certaine thereof, for he could not haue the process of his suspensione: 6. Declareit that howbeit he knew the raising of many of the letters against the breither, yet he keepit the ordinarie dyetts thereof: 7. Grants the usurpatione of Mr David Weymes’ flock, qwhairin he confest that he had heavily offendit: 8. And sicklyke grants he hes heavilie offendit against God and his Kirk, be procureing and raiseing the charges against the Generall Assembly, and in accepting the Bischoprick of Glasgow, without advyce thereof. The said Assemblie, in proceeding be this forme of doing qwhilk he hes used--ffor the qwhilk he submitts himself in the will of the brethrene, willing to abyde their judgement, and to obey and underly such injunctiones as they will ordayne therefore.

And as to his simple meaning concernyng the estate of Bischops, and corruptione thereof; being requyrit openly, in the fear of God and uprightness of conscience, to declare the same, desyrit to conferr with Mrs James Lawsone, John Craige, Robert Pont, David Lyndsay, and the Laird of Culluchie, to the effect he might be farther resolvit, and give his simple meaning therein to the Kirk, qwherunto they agriet.

Anent the protestationes made be the Presbytries of Edinburgh, Dalkeith, and Linlithgow, against the sentence gine be the King and Secret Councill in favor of Mr Robert Montgomrie, findand them Judges to the saids Presbytries and Kirk, as the same beires; The haill Kirk, after the reading of the same sentence and protestatione, in ane voyce, adheirit thereto, lykeas the said Mr Robert, for his part, allowit the same and adherit therunto.

Sessio 12.

In respect of many inconvenients and misorder fallen furth be the ambitioune, covetousness, and indirect dealing of syndrie who gang about to enter in the ministrie, and, being enterit, uses unlawfull meanes to declyne all correctione and punischment for their offences: The whole Assemblie, in ane voyce, hes votit and concludit, conforme to the word of God and most godly acts of antient counsells, That no man pretendand to ecclesiasticall functione, office or benefice, be any absolute gift, collatione or admissione of civill magistrates or patrone, be letters of hornyng and qwhatsoevir uther means then is established be the word of God and acts of the generall Kirk, and hitherto ordinarly used within the reformit Kirk of Scotland; and sicklyke that nane beand receavit to ane ecclesiasticall office or benefice, seek any way be the civill power, to exeme and withdraw themselves from the jurisdictione of the Kirk, nor procure, obtayne, or use any letters or charges, ather be themselves or any uthers in their name, or at their command or instance, to impare, hurt, or stay the said jurisdictione, discipline, correctione of manners, or punischment of their offences and enormities, nor to make any appelatione from the Generall Assemblie, to stope the discipline and order of ecclesiasticall policie and jurisdictione grantit be God’s word to the office-bearers within the said Kirk, under the paine of excommunicatione, summarly and without any proces or admonitiones, to be pronouncit be the judgements of the Elderschip, be Minister or Ministers, to be appoyntit be them thereto, how soon it is knawne that any one of the saids heids is transgressit; and this act to be nowayes prejudiciall to the laic patrones and their presentationes, unto the tyme the laws be reformit according to God’s word.

Anent the conferrence with Mr Robert Montgomrie: The said Mr Robert compeirand in face of the haill Assemblie, declared and promised before God, that he sould neither meddle nor attempt farther concernyng the Bischoprick of Glasgow, nor bruik, use, nor take upon him the same, or any office within the Kirk, by the advyce and consent of the Generall Assembly of the Kirk; renouncand the letters and chairges gine be him againes Mr David Weymes, protesting that in this matter concernyng the Bischoprick of Glasgow he meines no utherwayes nor the haill brether does.

Forsuameikle as the Sabbath day many wayes is prophaned to the great dishonour of God, and speciallie be halding mercats alsewell in burgh as in landwart that day; The Assembly of the Kirk injoynes straitly to every Elderschip within their awne bounds, to take order therewith as they may, of the law of God, as they will schaw their zeall towards God and the Kirk.

The Generall Assembly of the Kirk, in ane voyce, giues full power and commission to Mrs James Lawsone, John Craig, Robert Pont, David Lyndsay, John Braid, and John Durie, to pass to the King’s Majestie, and schaw unto his Heines, That concernyng the Articles he sent be his Majestie’s Master of Requests, to have been answerit be the Kirk, being so weightie and important, a pairt of them also appearand to be obscure and captious, they could not presently resolve thereupon: nottheless, for the better resolving thereof, they have ordained certaine brethren to conferr thereupone qwhill the next Generall Assemblie, quhilk they have appoyntit shorter to that effect: Farther, lamentablie to deplore unto his Grace, qwherin the jurisdictioune of the Kirk is and hes been heavilie hurt and prejudgit, and namely be the letters dischargeand the Presbytries to proceed against Mr Robert Montgomrie; charges of horning used against the haill Kirk of Scotland, be the decreit and sentence of the Secret Counsell, finding them judges in the actione of Mr Robert Montgomrie;--missives sent to gentlemen to assist to the placeing of him in the pulpit of Glasgow, against the will of the Kirk;--giving of benefices, _pleno jure_, and of all Abbacies in heritage: and, with all humilitie, dew reverence and gentleness that appertaynes, to exhort his Majestie to the reforming heirof, and maintaining of the jurisdictione gine be God unto his Kirk, as also to giue admonitione unto the Duke’s Grace, Earles of Arrane and Gowrie, in the premises, and what they doe herein, to report to the next Assemblie.

Ordaynes the particular Elderschips to haue ane copie of the Articles sent be the King’s Majestie, that they may be better resolvit to giue advise by their answer thereto at the next Assembly.

Anent the corruptione of burialls in the citie of St Androis; the Kirk ordayns Mr Patrick Adamsone to put the commissioune gine to him in the last Assemblie thereanent, to dew executione in all poynts, after the tenor thereof, under the paine of disobedience.

Ordaynes Mr Craig to lay an order for collecting the Acts of the Kirk, betwixt and the next Assemblie.

The Assemblie nominats brethren in all pairts of the countrie for erecting of the Presbytries where the same as yet are not erectit.

Articles to certaine doubts proponit concerning the Presbytries.

1. That the Moderator may continow from the Assemblie Synodall to the next Synodall: his electione to be, be the particular Presbytrie.

2. That the number of such as are associat to the Elderschip for discipline and correctione of manners, that are not Pastors nor Doctors, who travelleth not in the word, be not in equall number with wthers, but fewer; the proportione as the necessitie of the Elderschip craves.

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.