Chapter XII: Part 12

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.

SIR,

The strait Commissione we haue receavit of the Eternall, our God, qwhen, as in this your Majestie’s realme, we were made watchmen of his people, and fearfull threatening pronuncit against such as neglect faithfully to execute every pairt of their weighty charge, compells us presently to haue recourse unto your Majestie, percewing many things to fall furth, greatly to the prejudice of God’s Glory, and no small appearance of utter wrack of this his Kirk and Commonwealth, unless some heastie remead be put thereto; most humblie, therefore, beseikand your Majestie diligently to weighe and consider thir few heids, qwhilks, with all reverence and observance we present, looking for graceous answer and speedy redress thereof.

1. It is ane great griefe to the hearts of all these that fears God, that apostates, sworne enemies to Christ, your Grace, and all your faithfull subjects, forfault for their treasone--some also suspect and bruitit with the murther of the most noble persone of your umquhill father--impugners of the truth be word and wreite--continuing still in their wickedness, unreconcilit to the Kirk, to receave of your Majestie the benefite of pacificatione to the prejudice of the faithfull ministers, qwham violently be their meanes they labour to dispossesse.

2. That wthers from their youth, nurischit in the Kirk of God, with us, and sensyne fearfullie fallen back therefrae, and become greit runnagats, and blasphemers of the truth, and maintainers of idolatrie, and that Man of Sinne, Liutennant of Satane, and oppressors of God’s people; and yet, notwithstanding, are receivit in court, authorised, and so far countenanced, that they are becum familiars with your Majestie, qwhairthrough, besyde the grief of your Majestie’s subjects, many are brought to doubt qwhat shall ensew upon such beginnyngs.

3. That a wicked obstinate Papist sent in the countrie to traffique against God and quyetness of your Grace’s estate, and therefore is worthy of death, committit in ward at your Grace’s command, with sure promise that he sould not escape punischment, yet as we understand, was, be indirect meanes, let depart, and no tryall taken of the author of his delyverie.

4. That your Majestie seems to have over great lyking of the enemies of God, alsewell in France as some within this realme, who hes never gine testimony of any good meining aither in religione or in your Majestie’s seruice, have succeidit to men that were knawne zealous in God’s cause, and faythfull to your Grace from your tender age.

5. Sen your Majestie took the government in your awne hand, many fair promises hes been made that order should be taken for preservatione of the Kirk of God, and continuance thereof to the posteritie: yet, after lang and continuall sute, nothing is performed; but in place of redress, daily the Kirk is bereft of her priviledges and liberties.

6. The thirds are sett in tack for soumes of money, in defraud of the Kirk, so that no minister hereafter can be provydit.

7. Abbacies are disponit, without any provisione made for the ministers serving in the Kirks annexit thereto, directlie against the act of Parliament.

8. Spirituall livings are gine to bairnes, and translatit in temporall lordships.

9. That there is no punischment of incest, adulterie, witchcrafts, murthers, abominable oathes, and uther horrible oathes, in such sorte that daily some increases and provockes the wrath of God against the haill countrie.

10. There is a sair murmuring against your Grace’s leiges, and a lamentable complaint that the lawes of the countrie have no place--that no man can be sure neither of his lands, lyfe, nor goods, qwhilk threatens ane miserable confusione, and the heavie hand of God to insew thereupon.

11. That oftentymes your Majestie interpones your Heines’ authoritie, be letters of hornyng, to stope the executione of the acts made in the Generall Assemblie, in matters properly belonging to the Kirk, and nothing touching the civill estate.

12. Lastly, we most humblie beseik your Majestie to suffer us to lament the great divisione amongest your Heines’ nobilitie and subjects--the ane pairt seeking be all meanes possible, for their awne particulars, to persuade your Majestie to wrack the uther, qwhilk fosters ane continuall stryfe, malice, and rancour, to the great danger of your Grace’s persone, qwham God preserve to keep the Kirk of God and this poor countrie: beseiking your Majestie, for the tender mercy of God, to call to your Heines, some of the most wyse, discreet, and indifferent, to be your Councill; to take a moderate course, that unquiet spirits may be brydlit, good men cherishit and intertained, and the hearts of all your Majestie’s subjects unite, to the maintenance of God’s glory, preservation of your Royall estate, and comfort of all them that bewaill this miserable dissolutione.

Particular Instructiones, and maire full Declarations giuen be
the Generall Assemblie to their Commissioners, direct to the
King’s Majestie, the 13th of October, upone every heid of the
Articles generally proponit.