Chapter VIII: Part 8

It is thocht meit that the haill readers within this realme sall be examinit and try it _de novo_ in their Synodall Assemblies; and if, after examinatione, they be fund to want the qualities prescryvit in the Booke of Discipline, to be deposit, and removit from their offices: And sicklyke, that no reader within this realme minister the holy sacrament of the Lord, except such as hes the word of exhortatione.

Sessio 6.

It is thocht meit that in every parochine there be persones to make sepulchres, quha sall notifie the names of the persones deceased to the readers, that they may present the same to the commissioner to be reportit to the Generall Assemblie.

Forswameikle as the Kirk and Commissioners present, advysidly considering the greit prejudice and hurt done to the Kirk of God be benificed persones within the ministrie, that setts taks and feus of their benefices and ecclesiasticall livings, lands, rents, tynds, and fruits of the samen, defraudand not only their successors of that qwhilk justly sould pertayne to them, and quhairupone they ought to be sustainit; but also bringand upon the Kirk be their inordinat and corrupt dealing, infinite sclanders and inconvenients: Therefore, with uniformitie of votes and mynds, they have resolvit and concludit, that no beneficit persone within the ministrie, Bischops, or uthers, sall sett fewes or tacks of their benefices, or ecclesiasticall livings, lands, rents, teinds, and fruits of the samine, or any part thereof, to whatsumever persone or persones, without the advyce and consent of the Generall Assemblie of the Kirk; and sicklyke, that no minister subscryve nor give their consent to the said fewes or tacks, in any wayes, qwhill he sie the consent of the Assemblie.

For better resolutione of the questiones gine in be Alexander Hay, clerk of the Secret Councill, and expeditione of the matter of the policie, the Kirk present hes ordaynit Mr John Craig, William Chrystisone, George Hay, David Cunninghame, John Row, James Greige, James Lawsone, David Lyndsay, Robert Pont, David Fargusone, Robert Hammiltone, John Robertsone, John Erskine of Dunne, ane of the visitors of Angus and Mearnes, if he beis present, to conveine the next day after the dissolutione of this Assembly, and visite and consider the heids of the policie, advyse and consult diligently thereupon, and upon the saids questiones, and to report their judgements thereanent, conceivit formerly in wreit, to the next Assembly.

Anent the summonding of the Moderator, and Mr Andrew Hay, Commissioners of Clyddisdaill, to compear before my Lord Regent’s Grace and the Privie Councill, bringand with them the act of ordinance, made be the Assembly for excommunicatione of the Captaine of Crawfurd, with the act qwhairupon the same proceedit, that the verity might be knawne; The Kirk ordaynes their brethren to appear before my Lord Regent’s Grace and Councill, and give obedience, and to report what beis done in that matter.

Returnand to the Assembly fra his Grace and Councill, they declarit, that in respect they producit not the acts and ordinances forsaids, qwhilks they excused be schortness of the charge and occupation of the clark, His Grace and Councill lies suspendit the said sentence of excommunicatione qwhill the productione of the saids acts; Qwhairfore they protestit for the liberty of the Kirk.

The Assembly refuses to give libertie to the Bailzie of Dunfermling to play upon the Sonday afternoone, ane certaine play qwhilk is not made upon the canonicall parts of the Scripture, in respect of the act past in the contrair.

Sessio 7^a.

The Assembly ordaynes Mr Robert Hamiltone to remaine still with the ministrie of St Androis, and to leave the Provestrie of the New Colledge as ane impediment and hinderance to his calling of the ministrie, under the paine of the censures of the Kirk. Mr William, Commissioner of St Androis, in name of the New Colledge and electors of the said Mr Robert to the said Provestrie, dissentit from this sentence: qwhairunto the said Mr Robert adherit, in respect, as he alleadgit, the Kirk could not discharge him of the Provestrie, and that he could not bear the burden of the haill Kirk of St Androis in his owne persone.

Anent the Article teachit and professit be Mr Thomas Hepburne, That never saull went to heaven before the latter day; The Kirk, after publickly reading of the said Article, of ane mynde and ane voyce, but exceptione, altogether damnit and detestit the said Article, and adjudg it to be hereticall, false, and erroneous, contrarious to the plaine and evident word of God, reveiled in his sacred Scriptures; and, therefore, inhibits all and whatsumevir persones, publickly or privately, to maintaine the said error, under the paine of the censures of the Kirk; levand alwayes the said Mr Thomas to privie conference with sic brether of the ministrie as he thinks good for his resolutione in the said matter: and alwayes for consideratione movand the Kirke presentlie, discharges the said Mr Thomas from entering in the ministrie, qwhill the Kirk be farder advysit.

Anent the propositione of the brether of the Chapter of St Androis, Declarand that my Lord Regent’s Grace hes presentit Mr Patrick Adamsone to the Bishoprick of St Androis, and they beand of the Chapter, in respect of the act and ordinance of the Generall Assemblie, delayed their proceiding therein, desyrand the Assembly present to proceed to the tryall of him, conforme to the said Act of Generall Assemblie: The said Mr Patrick Adamsone being present, and requyrit be the Assembly if he wald submit himselfe to the tryall and examinatione of the Assemblie, and receave the office of a Bischope according to the injunctiones of the Kirk? He answered, he could not doe the same.

Salt-pannes, mylnes, and uther labouring, qwhilk drawes away innumerable people from hearing the word of God, sould not be permittit, and the violators to be debarrit from the benefites of the Kirk, qwhill they make their repentance, and the continuers therein to be excommunicat.

The Kirk will not presently resolve the questione, If a man or ane woman divorcit for adulterie, aucht to be admittit to the second marriage; But inhibites all ministers and readers to marrie sic persones, under the paine of deprivatione _simpliciter_, without any restitution in tymes cuming; and the persones so joynit, to be chargit to separat themselves, conforme to the Act of the Assemblie in Angus 1574.

Ane man that commits both adulterie and incest, sould be dowbly punisched.

Ane minister or reader that tapis ale, beir, or wyne, and keeps ane open taverne, sould be exortit be the Commissioners to keep decorum.

Qwhither if burrialls sould be in the Kirk or not? Answer, not; and that the contraveeners be suspendit from the benefites of the Kirk, qwill they make publick repentance.

Relapse in adultrie dowbly punischit.

Sessio 8.

Anent requisitione of the Assembly made to James, Bischop of Glasgow, to give his answer if he will accept the charge of ane particular flock and visitatione of sic bounds as the Kirk shall think good to appoint to him, conforme to the acts concludit in the Assemblie. The said Bischop beand present, exhibite to the Kirk his answer thereto in wreit as follows:

Forswameikle as it is not unknawne to your wisdomes that ye gaue Commissioune and charge to certaine learnit, godly, and discreet brether of the ministrie and uthers, elders of the Kirk, to commone, treate, conclude, and agrie, with certaine uther noblemen, Commissioners from the King’s Majestie, John umquill Earle of Marr, his Regent; att the qwhilk conference it was agriet be the haill Commissioners, alswell of the King as of the Kirk, anent the name, style, and jurisdiction of the Bischopes, with the forme and manner of their institution, ordaynit to stand and remayne qwhill the King’s yeares of minoritie, or at leist qwhill ane parliament sould utherwayes decyde, and conforme to the order thairin contanit, he was received in the said Bischoprick of Glasgow, and made his sermone to the King’s Majestie in things pertayning his highness; and swa giue he sould change or alter any thing pertayning to the order, manner, or priviledges, or power of the samen, I sould be afrayed to incurr perjurie, and might be callit be the King’s Majestie for changing any member of his estate. But to the effect their wisdomes may knaw he desyres not to be exemit to travell, and bestowing sic gifts as God hes committit to him, he is content, at their command, to haunt to ane particular kirk, and teach thereat when he dwells in the sheriffdome of Aire, and that be discretione and sicht of the brethren of that countrie; and, when he is in Glasgow, to exercise lykewayes at some part where the brethren there thinks maist necessarie, and to abyde their judgement of his diligence in that behalfe, without binding him any wayes or prejudgeing the power of jurisdictione qwhilk he receavit with the Bischoprick, unto the tyme prescryvit in the conferrence that farder order be tane be the haill estates thereuntill; at the qwhilk tyme he shall be content with all reformatione as shall be fund expedient: Qwhilk answer beand read, the Kirk continuet and continues the said Bischope in the visitatione of the bounds qwhilks he had of before, to the nixt Assemblie, and as to the particular flock, as is mentionat in his answer, to the nixt Generall Assembly.

Anent the forme of repentance of the fornicators, the Kirk and Commissioners present hes votit and concludit, that ane of the dayes of their appearance to make repentance for their offence on ane Sonday at ten houres before noon, in tyme of preaching, in presence of the congregatione, and that double fornicators receive double punischment for their offence.

[THIRTY-FIFTH GENERAL ASSEMBLY.]

The Generall Assembly, conveinit att Edinburgh, in the Counsell
House, the first of October[16] 1577, qwhair war present
the Bischopes of Glasgow and Dumblaine, Superintendants,
Commissioners of Countries, Kirkes, and Universities,
Ministers, and uthers: Mr Alexander Arbuthnet, Principal of the
Colledge of Aberdeen, Moderator.

Sessio 1.

Because the said Mr Alexander, Moderator, was absent from the last Assemblie, in that respect not foirseen of the things done therein, at his desyre, the Kirk appoyntit the Laird of Dun, Mrs James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, John Craig, Andrew Melvill, to conveine the morne with him at sevine houres in the morneing, and advyse upon sic matters as sall be thocht good to be handlit in this Assemblie. The principall argument to be intreatit in this Assemblie is this, The Policie of the Kirk. The brethren deput to the conceiving and forming of the heids thereof, being callit to give ane account of their diligence, presentit the same as they had made partitione thereof at their Assemblie at Streviling.

The heids pennit be Mrs James Lawsone and John Row were read, and nothing again said, except ane of the said Mr Johnes articles referrit to further disputatione; all men being requirit, that had gude reasone or argument to propone in the contrarie, to alleadge the same; or, if he wald not publicklie reasone upon the said heid, to resort to the saids Commissioners, where travell sould be taken to satisfie them, leivand to them to make argument as they think guide against the same.

The Laird of Dunn thocht the heid gine to him obscure. The Kirk desyrit him to conferr with the remanent Commissioners the morne at seven houres, that he may be resolvit of the meining thereof. The remnant heids beand prolixt, were thocht good to be contracted in short propositiones to be presentit to publick reiding.

Sessio 2.

The heid committit to Mr Andrew Hay read in face of the Assembly. Nothing was opponit against the same, except the article anent the suspensione of Ministers, referrit to farther reasoning.

David Fargusone his part read: The 18th article was referrit, and nothing spoken against the rest.

The pairts committit to Mr Andrew Hay, Robert Pont, David Lindsay: nothing alleadgit in the contrare.

The heids remittit to Mr Johne Craige: some things were desyrit to be contractit, and uthers referrit to farther reasoning.

The haill labours of the brethren tane upon the matter and argument of the policie beand haillelie read in publick audience of the Kirk, It was thocht expedient that their haill travells and wark in this matter, being now dispersit, sould be revysit and pervysit be some brethren, digestit and disposit in convenient order, to be thereafter presentit to the Assemblie; and for that effect, the Kirk appoynts their brethren Mrs James Lawsone, Andrew Melvill, Johne Craig, and George Hay, to convene together, appoint the houres and place thereto, and to remaine thereat whill the matter be brought to an end; and in the meane tyme, if it please any man to reasone with them in the matter, to have access thereto.

Sessio 4.

Anent the accusation laid against Mr Patrick Adamsone, callit Bischope of St Androis, that he had enterit in the said Bishoprick againes the Acts of the Generall Assembly, and usurpit the office of Visitatione within the bounds of Fyfe, unauthorised be the Commissione, or power of the Kirk, and left his ordinar office of ministrie, The Generall Kirk, in respect of his absence to answer hereto, Gives their full power and Commissione to Mr Robert Pont, James Lawsone, David Fargusone, and Superintendant of Lawthiane, conjunctlie; and, in caise of the said Superintendant’s inabilitie, to Mr David Lyndsay, or John Brand, to direct out summonds against the said Mr Patrick, summonding him before them at sic day or dayes as they shall thinke good, within the towne of Edinburgh, to try and examine his entrie, and proceeding to the said Bishoprick, usurpation of the said office of Visitation, and deserting his said office of ministrie qwhilk he had of before; with power to them to summond the Chaptor of St Androis, or so many of them as shall seem to them expedient, if need require, and the ordinarers or inaugurers of the said Mr Patrick, as they shall think good, for the better tryall of the premisses: And what herein they finde be proces of excommunication, to report againe to the next Generall Assembly; and, in the mean tyme, in the name of the Kirk, to discharge him of farther visitation of the saids bounds qwhill he be admittit be the Kirk.

Sessio 5.

The Kirk fand, that James Blackwood, because he brookit twa benefices, the personage of Sanquhair and viccarage of Saline, should demitt the ane of the saids benefices.

Sessio 6.

It was thocht expedient be the Kirk, that certaine of the brether be direct to the Regent’s Grace to informe him that the Kirk is travelling in the matter and agreement of the policie, and what beis farther proceidit theirin, his Grace shall receive advertisement, before the end of the Assemblie. In this meane tyme, sundrie inconvenients may fall out before the same be perfytit, qwhilks it wald please his Grace to consider ane remeid; and for this effect was dispatchit from this Assembly, Mrs David Lyndsay, and John Duncansone, who returnit and reportit, his Grace lyked well of their travells and laboures tane in that matter, requireing expeditione and hastie outtred thereof: As for the particulars they informe wald be occurred, let them be gine, they shall have good answer.

Sessio 8.

The particulares of sic things as are desyret to be ordainit by my Lord Regent’s Grace before the wark of the policie cam out, being conceivit in a few articles, quhilk after shall appear, were delyvrit to the Kirk be thair brether Mrs David Lyndsay, Andrew Polwart, and John Duncansone, to be proponit to his Grace to that effect, to await afternoone for his Grace answer; qwho returning, reportit his Grace answer to us, That if the articles might be resolvit be himselfe without the councill, they should receive his answer the morne, in the morning, wtherwayes the Councill should be convenit the morne afternoone, and thereafter answer should be gine to sik as the Kirk direct to receive the same; for the quhilk effect, the Kirk direct Mr John Craige and David Lyndsay.

The tenor of the Articles above specifeit.

1. First, that provisione may be had for the visitors of the countrie.

2. That order may be taken that persones depryvit be the Kirk for not doing their offices, may be depryvit of their benefices.

3. That his Grace will take order with such as receives benefices and thereafter cowps them.

4. That when benefices vaiks, they may be disponit rather to sic as hes servit at the Kirks thereof, than to uthers not so well qualified.

5. That the Acts of Parliament made against adulterers may be put to executione, namely, against William Cochrane, notorious adulterer.

6. That his Grace would discharge playes of Robine Hoode, King of May, and sic uthers, on the Sabbath day.

7. Because there is diverse readers not enterit in the Booke of Assignation, pairtly by inlaike of Commissioners, and pairtly be their negligence, that order may be provydit therefore.

The Proces persewit be the Laird of Tullyallane, against John Dykes, minister of Culross, was sichtit be some brether, and the heid of the bill was not found provine. The debait was finallie endit be the travells and persuasiones of the brether appoyntit thereto.

Sessio 9.

Anent the complaint made be David Fargusone, upon Mr James M‘Gill, Clark of Register, to the young Laird of Rossythe, that against the acts of the Kirk they causet burye the umquhill Laird of Rossythe in the Kirk of Dumfermling, albeit the said David made them foirseen of the said act; The Kirk ordaynit John Durie to warne the Clark Register to answer heirto, the first day of May next to come.

Ordayns the brethrene to wait on my Lord Regent’s Grace answer, to make sute for Mr John Davidson’s libertie to come in the countrie, for his favour, when he likes to come.

The brethrene appoyntit to collect the heids of Policie presentit of before, reportit the same collectit in order, and digestit in an body; and all men requyrit that had good reasone to argument, to propone, to offer them thereto.

Thrie heids were callit in doubt; ane _de Diaconatu_, ane uther _de Jure Patronatus_, the third _de Divortiis_, wherein they were not resolvit nor satisfiet. As to the rest, nothing was thocht in the contrair, nor proponit.

Thir thrie heids standing in contraversie, and disput _in utramque partem_, yet farther disputation was reservit till the morne, to any man that likit to take the pairt of reasoning upon him against the saids heids.

The Commissioners appoyntit to await upon my Lord Regent’s Grace’s answer, report, because they had no commission in wreit, his Grace gave no answer to them.

The Clark Register beand present, declareit that the Proveist and Baillies of Dumfermling agriet to burie the said Laird of Rossythe in the Kirk; that he was not the causer thereof, submittand himselfe allwayes to the judgement of the Kirk, if any offence be found done by him.

The Generall Assemblie of the Kirk of this Realme, considering the grit abundance of iniquitie overflowing universallie the haill face of this commoneweill, now in so great licht and revelation of the trew and Christiane religione, justly provocking and steiring up the justice and equitie of God to take judgement and vengeance on this unworthie nation; Seeing also the many and perilous strifes and raiges of persecutione daily invading the Kirk and Spouse of Jesus Christ, the sound and extreame troubles of the trew and zealous members thereof in the parts of France and elsewhere, professing with them ane Saviour, Lord, and Messias, the wark also of establishing a perfyte order and policie in the Kirk being presently in hands, hes thocht it good, for the same reasones and good causes, that earnest and speedy recourse shall be had to God, with commone supplicationes and prayers; And to that effect ane generall fast be observed universallie, throughout all the kirks of the realme, with doctrine and instruction to the people, to begine the secund Sonday of July nixt to come, qwhilk is the ninth day thereof, and to continue to the nixt Sonday thereafter, wsing, in the meanetyme, exercise of doctrine according to the accustomit order; and to that effect, that intimation be made by the Commissioners of Countries to the ministers within their bounds, as appertaines. Gine in the Generall Assembly.

Because the matter of the policie of the Kirk collectit be the brethren, is not yet in sic perfect forme as is requisite, and syndrie things largely intreatit, qwhilk will be mair summarly handlit; uthers requireing further dilatioune for the re-collecting thereof, and putting the same in good order and forme, and for avoiding superfluitie and obscuritie, the substantialls beand keepit; The Kirk presently hes willit their belovit brethren, Mr Robert Pont and James Lawsone, to take travells and laboures in the premisses; and to the effect the wark may the better be compleitit and in readiness against the next Generall Assemblie, qwhilk is ordaynit to begin at Edinburgh the 25th of October nixt to come, the Kirk hes ordaynit their brethren, the Laird of Dunn, Mrs Alexander Arbuthnot, Andrew Melvell, John Craig, Andrew Hay, George Hay, John Row, David Lyndsay, John Duncansone, to conveine and assemble together, the nyneteine day of October nixt in Edinburgh, to revise and consider the travells of the said brether, that the samine may be the mair advysedly proponit publickly, as said is: In this meane tyme, sic as pleases to reason in the matter to have access to the saids brether; and lykewayes ordainit the Visitors of Countries to make intimatione to the Barrones, that the said wark is in hand, and to be treattit in the nixt Generall Assembly; desyrand their presence and concurrance thereto.

[THIRTY-SIXTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveint att Edinburgh, in
the Laigh Tolbooth thereof, the 25th of October 1577, where
there was present the Commissioners of Countries, Provinces,
Townes, and Universities, with the Ministers: Mr David Lyndsay,
Moderator.

Sessio.

Because of great confusione heirtofore in Assemblies qwhilk fell out be casting in of purposes unfoirseene afoire, and be the multitude of proponers thereof; It was thocht meet, dureing this Assembly, that certaine brethren sould conferr with the Moderator upon matters to be intreatit on at this conventione, viz. Mrs John Row, Alexander Arbuthnot, Andrew Melvill, William Christison, James Lawsone, Robert Pont, Andrew Hay, John Duncansone; and sic lyke it is thocht good that the acts made in the Assemblie be considerit be the saids brethren, joynit to the Moderator, and thereafter read in open Assemblie.

The Kirk thocht meet that my Lord Regent’s Grace should be desyrit to be in this Assemblie in proper persone, or be Commissioners; and to that effect war direct Mrs John Row and James Lawsone, qwha immediatlie returnit, with answer that his Grace had no leisure to talk with them for occupation.

The haill Assemblie ordaynit Mrs John Craig and John Brand to gang to his Grace for the same effect, and to report his answer the morn at nyne hours, qwhilk was, that he was so occupied in earnest effairs of the Councill, that he had no leasure to confer with them. The Kirk hes thocht it meet that the said brethrene pass againe to him, and require his personall presence in this Assemblie, or Commissioners authorized with his commissione.

Because the matter of the policie and jurisdictione of the Kirk committit to the recollecting, forming, and dispositione of certaine brethren being now present, be them was thocht expedient to be proponit and intreatit the morne; efter the reading of the generall heids thereof, the haill brether was requyrit to advyse with themselves gif they fand any uther heids necessary to be disputit then this, and to signifie the same to the Assemblie the morne.

Sessio 3.

Johne Brand returnit my Lord Regent’s answer, that in respect of sundry important businesses, and that he could not leave the Councill sa soone conveint, he could not satisfie the petitione of the Kirk, desyring that the brethren qwhilk war send down to him before, sould come downe and speik with his Grace; and because the Kirk is labourand in the policie, prayand them earnestly to gang fordwart and put the same to end, The Kirk wills Mrs James Lawsone and John Row to pass to his Grace the morne, according to his desyre.

Mr Patrick Adamsone, in my Lord Regent’s Grace name, exhibits in the Assembly ane Letter direct from the Queen Majestie of England to his Grace, making informatione of a certain Councill to have been halden at Magdeburgh for establishing of the Augustane Confession, with ane Letter written from the Cassumire to her Majestie of that same argument, desyrand the Assemblie to advyse if they thocht meit that any of the learned ministers of this natione sould repaire thither, and whom they will name and find good to this effect: To the qwhilk desyre the Kirk continuit to giue answer to the 28. day of this instant.

Sessio 5.

The Assembly present in ane mynde resolvit and adjudgit it to be very necessarie, that some of the Kirk sould be direct to the Councill to be halden at Magdeburgh, and hes nominat any twa of the brethren following that shall be thocht most meet be my Lord Regent’s Grace, viz. Mr Andrew Melvill, Patrick Adamsone, David Cuninghame, George Hay, David Lyndsay, William Chrystisone, Alexander Arbuthnott, and Robert Pont; qwhais names the Kirk ordaynes to be presentit to his Grace be Mr Craig, and to report his answer againe.

Compeirit John Andersone in linnen cloathes, in presence of the haill Assemblie; and beand prostrate upon his knees, confessit he had offendit Mr Robert Boyde, minister, in drawing of his blood, whereof he repentit with his heart, and askit God and his Kirk forgiveness--promiseing, be the grace of God, not to fall in the lyke wickedness in tyme cuming.

Sessio 6.

This Session being hallilie imployit in reasoning the heids of the jurisdictione of the Kirk, the same argument was ordaynitt to be followit out the morne, so far as tyme may serve thereunto.

Sessio 7.

Concerning the number of the brethren gine in to his Grace, it lyked him well that the Kirk had gine him choise out of so reasonable ane number, and that, in his opinione, Mr Andrew Melvill, George Hay, and Alexander Arbuthnott, were meitest for the purpose; allwayes desyres the advyce and judgement of the Kirk heirto, that after, he may take resolutione with his Councill.

The Kirk willed the said Mr Patrick Adamsone, with Mr Johne Craig and William Chrystisone, to travell with his Grace, to knaw further his Grace’s mynde in this behalfe, and sicklyke to desyre his Grace for to appoynt the modifiers to conveine to the ordering of the rolles of the ministers, and to report his Grace’s answer to the Assemblie.

Sessio 8.

The persones directit to his Grace reportit, that he lykit well Mr Androw Melvill and Mr George Hay to be direct to the said Councill, alwayes he wold knaw the advyse of the Councill therein, qwhairof he wold make them to be informed: And, concerning the rolls of ministers, had appoyntit the Abbot of Dumfermling, George Auchinleck, Mr Nicoll Elphingstoune, and Thomas Nicolsone, to take order therewith.

Sessio 9.

Thomas Mortoune, ffiar of Cambo, and Mr Thomas Ramsay, gave in ane bill of accusatione against Mr Thomas Kynneir, minister of Craill, contaynand sundrie heids of sclander against him, as, namely, suspicions of adulterie with Agnes Guidland, spouse to Sir John Barone, drunkenness, tulziesumness, selling of the sacraments. The said Mr Thomas being present, denyit the haill points thereof; and the said bill being referrit to the accusers’ probatione, for proveing thereof they produced David Fermor, David Monypennie, Mr James Hallyburtone, provest of Dundie, John Herries, and Mr Thomas Fermour, qwha being admittit, and nothing opponit against them, the said Mr Thomas was ordaynit to be examinat be William Chrystisone and John Durie, and their depositiones to be presentit againe to the Assembly, to be considerit what they import.

Sessio 10.

The depositiones of the witnesses examinat in the said cause being reportit at afternoone, the Assemblie continueit the pronouncing of the sentence in the matter till the morne, and warnit baith the pairties thereto.

Mr Andrew Polwart was decerned to be frie and at libertie fra the kirk of Paslay, that he may serve uther where it pleased God to call him; because of the contempt of the discipline, their manifest vices, minacing and boasting of him in doeing his dewtie, his labours cannot be profitable to them, besydes some privat causes qwhilks were considerit be Mrs Alexander Hay, Alexander Arbuthnot, George Hay, and Andrew Melvill, and they reportit their judgement; qwhairupon decreit past.

Sessio 11.

Anent the grievous accusatione layd against Mr Thomas Kynneir be the Laird of Cambo, and Mr Thomas Ramsay, concernyng his sclanderous and ungodly life, the haill Assembly, after publick reiding of the witnesses and probatione deducit in the matter, and dew consideration thairof, and after taking aith of the accusers that they accusit naither of malice nor choler, but for conscience cause, knawand the accusatione qwherwith they accuse him to be trew, Decerns, all in ane voyce, the said Mr Thomas to be depryvit, lykeas they deprive him of the ministrie in all tyme cuming; debarring him also from the participatione of the holy supper of the Lord, ay and whill his repentance be testifyit to the Generall Assemblie be the visitor of the countrie where he remaynes, and humble supplicatione to be made be the said Mr Thomas to the haill Assemblie, to be admittit thereto, and their answer to that effect: That this sentence be intimat in the Kirk of Carraill in the pulpit thairof be the commissioner of the countrie.

Sessio 13.

The heads of the Policie and Jurisdictione of the Kirk beand halilie read in the audience of the haill Assemblie, and thocht good that the same sould be presentit to my Lord Regent’s Grace, as agried be reasoning amang the brethren, savand the head _de Diaconatu_, qwhilk is ordaynit to be gine in with a nott, that the same is agriet be the maist part of the Assembly, without prejudice of farther reasoning, to the effect the saids heids may be put _in mundo_, disposit, and set in good order, according to the mynd of the Assemblie; The Assembly hes willit Mrs James Lawsone, Robert Pont, David Lyndsay, and the Clerk of the Assemblie, to travell with diligence therein: And the same being put _in mundo_, that according to the originall, to be seen and revysit be John Duncansone, David Fargysone, the Laird of Dun if he be present, Mr James Carmichael, and John Brand, and being found be them according to the said originall, to be presentit be the saids Mrs James Lawsone, Robert Pont, and David Lyndsay, together with the supplicatione pennit and delyverit to them, be the Clerk, unto my Lord Regent’s Grace; and in caise conferrence and reasonyng be socht be his Grace upon the saids heads presentit to his Grace, The Assembly hes appoyntit Mrs Patrick Adamsone, the Laird of Dun, John Craig, John Row, Alexander Arbuthnott, Andrew Melvill, James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, George Hay, and Johne Duncansone, to concurr and await upon the said conference as they shall be advertised be his Grace.

[THIRTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint att Edinburgh the 24th day of
Aprile, in the Magdalen Chapell, 1578, quhair thair was present
Commissioners of Countries, Kirks, Townes, and Universities,
with Ministers: Mr Androw Melvill, Moderator.

Sessio.

Att the Moderator’s instance, the Assembly appointit Mrs John Row, Robert Pont, James Lawsone, and David Lyndsay, to concurr and conferr with him at extraordinar houris, to advyse upon sic matters as shall be thocht best to be proponit to the Assemblie.

Sessio 2.

It was thocht good be the Assemblie, that Mrs Andrew Hay, John Craig, and John Duncansone, sould be direct to the King’s heines Counsell, requyrand the Councill to direct some of the same as Commissioners from his heines to assist the Assemblie with their presence and councill, who returnit their answer, that be reason of urgent affaires they could not be present this day; but the morne there should be twa deput to be direct to the Kirk.

Sessio 3.

That Bischops and all uthers beirand ecclesiasticall functions be callit be their awne names, or brethren, in tyme cumeing.

Anent the ordinance made in the last Assembly concernyng the presenting of the Booke of Policie of the Kirk to my Lord Regent’s Grace; The brethren havand commissione thereto declarit that they had presentit the same to him with the supplicatione appoyntit, and ane day being appoyntit to conferrence, the alteration of the authoritie hes intervenit; and allwayes, for to stay corruptione in the entrie of the King’s Majestie’s Government, they had presentit to his hieness councill, ane supplicatione with four articles, and for observatione of the Act of Parliament, touching sic as bears publick office within this realme; ane uther for putting order to the late murther in Strivling and Edinburgh; the third for the policie of the Kirk; the fourth for supporte of the appearand famine--of the qwhilk as yet no answer.

The haill Assemblie thocht the same meit to be cravit of the Councill, and desyrit my Lord Herreiss and the Abbot of Deir, present, of their opinion concerning the saids matters; qwhais answer was, they came not to vote nor conclude, but were direct be the Councill to hear and sie the proceedings of the Assemblie, and alwayes sould insist at the hands of the Councill for answer to the saids Articles.

Anent the complaynt made upon David Fargysone, that he had overseine the executione of the act made anent Mr Thomas Biggar and George Boswell anent their resorting to the exercise of Dumfermling, the said David being present, declareit that upon their promise to erect ane exercise in Kirkaldie he stayit, qwherin they have failziet The Kirk ordaynes the said act to be put to executione be him as accords.

It was thocht meet be the brethren, that certaine sould be direct to my Lord Herreiss and the Abbot of Dier, to put them in remembrance of the answer to the articles gine in to the Councill, and lykewayes to demand of the Councill, whether they be direct to the Assembly to giue their advyce in all things tending to the glory of God and weell of his Kirk, or to hear allanerlie; and giue the brethren finds it expedient to propone the ane and the uther to the Councill themselves? And to that effect were direct Mrs Andrew Hay and David Lyndsay, who returning, reportit, that some difficulties are in the articles, and for reasonying thereof with sic as the Kirk will appoynt thereto, they have ordaynit twa of the Counsell to concurre the morne at aucht hours. As to the persones they direct to the Assemblie, they giue them no power as Commissioners of the King to vote in Assemblie; for they had not spoken the King in this behalfe: Alwayes, as brether and members of the Kirk, they shall giue advyce, counsell, and vote. The Kirk appoynts Mrs Robert Pont, John Row, James Lawsone, Andrew Hay, Andrew Melvill, and David Lyndsay, to concurr with the deputs of the Councill, to reasone upon the saids articles the morne at aucht houres.

Forsuameikle as the heads of the policie beand concludit and agreit in the last Assemblie of the Kirk, be the maist part of the brether; certain of the brother fand some difficultie and questione in that head _De Diaconatu_, qwhairthrow farther reasonying was reservit to this Assemblie thereanent: It was therefore requyrit that if any brother had reasonable doubt or argument to propone, that he sould be readie the morne to offer his reasones, qwhair he shall be heard and resolvit.

Ordaynes ane Generall ffast to be observit universallie within the Kirk within this realme, to begine the first day of Junii nixt to cum, and to continow whill the next Sabbath thereafter inclusive, with the accustomed exercises of doctrine and prayer; intimation heirof to be made, with the tyme and cause, to the King and Councill, supplicating his Grace and Councill to discharge be opin proclamatione, all kynd of insolent playes as King of May, Robine Hood, and sic uthers, in the moneth of May, aither be bairnes or utherwayes.

Sessio 5.

The brether appoyntit to conferr with the deputs of the Councill touching the difficulties they had to propone againes the Articles gine in to the said Councill, reportit, that the said deputis willed the Assemblie to name the persones they suspect of Papistrie, and to direct from the number of the Kirk, certain brethren to admonische them to subscryve to the Articles of the Religione presently allowed be act of Parliament, and to participat the communione, and giue they find disobedience, to intimat the same to the Councill; and lykewayes to proceed against the disobedients with the censures of the Kirk.

The Assembly nominat my Lord Chancellour, the Earles of Caithness and Mountgomrie, my Lord Ogilbie, and ordaynit Mr John Row and James Lawsone to communicat with the Chancellour and Mrs John Craige and John Duncansone, with the remanent, and to report their answer at fyve houres to the Commissioners of Countries.

Sessio 6.

According to the ordinance made yesterday, all persones that hes any reasonable doubts or argument to propone against the head of the Policie, were requyrit to propone the same, and nane offerit any argument in the contrarie.

Sessio 7.

Forsuameikle as there is great corruptione in the estate of Bischops, as they are presently maid in this realme, qwhairunto the Kirk would provide some stay in tyme cuming, so far as they may, to the effect farder corruptione may be brydlit; Therefore the Kirk hes concludit that no Bischopes shall be electit or made hereafter before the next Generall Assemblie; discharging all ministers and chapters to proceed any wayes to electione of Bischopes in the meanetyme, under the paine of perpetuall deprivatione from their offices; and that this matter be proponit first in the next Assemblie, to be consultit what farther order shall be taken thereanent.

Anent benefices vaikand of the Kirks where there is no qualified ministers serving; The Kirk hes determinat and ordaynit, that no visiter of countries give collatione of the saids benefices to any uther persone by the minister of the Kirk qwhairof the benefice vaicks, qwhill the next Generall Assemblie of the Kirk, under the paine of deprivatione from their offices; and gif they be urget be the Prince’s letters thereto, to shaw this ordinance for their defence, and that this same matter be proponit in the next Assemblie, that order may be taken theirin.

Sessio 8.

Forsuameikle as the Generall Kirk has thocht meet that the travells taine be them upon the Policie be presentit to the King’s Majestie and his heines Councill: It was found good, that before the copies thereof were delyverit, they sould be yet reueisit and overseen be Mrs Robert Pont, James Lawsone, and David Lyndsay, and being written over according to the originall copie, to be presentit be them to his heines with a supplicatione pennit be them to that effect, with ane uther copie to the Council; the tyme to be at the discretion of the said brether, provyding it be before the generall ffast: And in case conferrence and reason be cravit upon the said heids, the Kirk hes nominat Mr John Craige, Alexander Arbuthnott, the Laird of Dun, William Chrystisone, John Row, David Fargysone, Robert Pont, James Lawsone, David Lyndsay, John Duncansone, Andrew Melvill, Andrew Hay, and James Greig, to concurr and conveine at sic tymes appoynted be the King and Councill, advertisement being made to them be the said thrie brether, and that the saids Commissioners at the said conferrence reasone also on the head of the ceremonies, and how far ministers may meddle with civill affaires, and gife they may vote in Councill or Parliament.

The Generall Assemblie of the Kirk, finding the universall corruptione of the haill estates of the bodie of this realme, the great coldness and slackness of religione in the greitest pairt of the professors of the same, with the daily increase of all kynd of fearfull sinnes and inormities, as incest, adulterie, murders, and namely, recently committit in Edinburgh and Striviling, cursed sacriledge, ungodlie seditione and divisione within the bowells of the realme, with all manner of disorderit and ungodly living, qwhich justly hes provokit our God, although long-suffering and patient, to stretch out his arme in his anger to correct and visite the iniquitie of the land, and namely be the present seueritie of famine and hunger, joynit with the civill and domestick seditiones, qwhairunto doubtless greater judgements must succeed gif his correctiones work no reformatione nor amendment in men’s hearts: Seeing also the bloodie conclusiones of the cruell councill of that Roman beast, tending to exterminat and raze from the face of all Europe, the light of the blessed word of salvatione: ffor these causes, and that God of his mercy wald bless the King’s heines and regiment, and make him to haue ane happie and prosperous government, as also to put in his heines heart and in the hearts of his noble Estates of Parliament, not only to make and establische good and politick lawes for the weel and good government of the realme, but also to setle and establische sic ane policie and discipline in the Kirk, as is cravit in the word of God, and is conteinit and pennit alreadie to his heines and councill, that in the ane and in the uther God may be glorified and haue his dew praise, and the age to come ane example of upright and godlie living and dealing: Therefore the Kirk hes ordainit the act preceiding heiranent to be preceislie keepit in all poynts.

Sessio 9.

The brethren appoyntit to speak with the suspect Lords reportit, that the Earle of Caithnes desyreit to sie the articles of religione: My Lord Ogilvie declareit that he had subscryveit the articles of religione, and participat the communion before the pastour of the countrie, and was willing to doe the same againe. They had not the commoditie to meet with the Chancellour and Montgomerie. The Ministers and Sessiones of these townes where they shall happin to repaire, were ordaynit to admonische them; and if they fand disobedience, after dew admonitione, to proceed against them with the censures of the Kirk.

Mr Thomas Sincloure was nominat amang the brethren to answer the bills.

Sessio.

What shall be the punischment of communicants that violats the generall fast? Answer: They shall make repentance twa severall Sondayes, and according to the contempt in the violatione, the paine to be aggravat.

The conventione nixt appoyntit at Edinburgh the 7th of July next to come, in caise the parliament alreadie proclaimit hald fordward; utherwayes, in caise the same halds any uther tyme betwixt and the 24th day of October nixt to come, that the brethren conveine in the place where it shall be halden for the tyme, four dayes before the same; and failzieand of both, upon the 24th day of October nixt to come, within the towne of Edinburgh.

[THIRTY-EIGHTH GENERAL ASSEMBLY.]

The General Assembly, conveint at Striviling, and begun the 11th
of Junii 1578, where there was present the Commissioners of
Countries, Commissioners from Synodall Assemblies, Towns, and
Universities.

Sessio 1.

In respect of the raritie of the Assemblie, the brethren that were conveint thocht best to meit at twa houres afternoone, and to sitt till fyve houres at noone.

Sessio.

Exhortation beand made be Mr Andrew Melvill, Moderator of the last Assemblie, before farder proceeding, questione beand proponit, if this Assemblie be ane continuation of the last or ane new Assembly? It was reasonit and concludit to be ane new Assemblie. For electione of ane Moderator, Mrs John Row, David Fargysone, and John Duncansone, was proponit in leets, and be pluralitie of votes, Mr John Row was chosen Moderator.

Mrs Robert Pont, James Lawsone, Andrew Melvill, John Craig, and Andrew Hay, direct to give their counsell, and communicat with the Moderator sic matters as shall be thocht best to be resolvit at this conventione.

Forsuameikle as it hes pleasit the goodness of God to indew the King’s Majestie with zeal of his trew religione, it was thocht very meit that the Laird of Lundie, Mr John Craige, James Lawsone, Robert Pont, and John Row, should be direct to his Grace to crave that some be direct be his Grace to assist this Assemblie the morne, at aucht houres in the morning, and to report his hienes answer.

Sessio 2.

Anent the Act made in the last Assemblie concernyng the election of Bischops, suspendit whill this Assemblie, and the farder order resolvit thairinto, The Generall Assemblie, all in ane voyce, hes concludit that the said act sall be extendit for all tyme to come, ay and while the corruptione of the Estates of Bischopes be allutterlie taine away, and that all Bischopes alreadie electit, be requirit particularly to submit themselfis to the Generall Assembly concerning the reformatione of the corruptione of that estate of Bischopes in thair persones, qwhilk if they refuse, after admonitiones, excommunicatione to pass against them: qwhilk submission the Bischop of Dumblane willingly offerit to the Assemblie.

Anent ane act made in the last Assembly, the 28th of Aprile 1578, concernyng the collatione of benefices to uther persones nor the ministers of the kirk quhairof the benefices vaikes, and the farther order to be taine in this Assembly, the Kirk present hes farther concludit, that neither Bischops, visitors, nor uthers beiring commissione of the Kirk, give collation of benefices, by and against the tennor of the said act, Under the paines therein conteint, qwhill the nixt Generall Assembly of the Kirk, at quhilk tyme this matter shall be proponit againe, that farther order may be tane therein.

Anent the penaltie of bischopes, ministers, and uthers bearand functione in the ministrie, that setts fewes and tacks of their benefices and ecclesiasticall livings, or any pairt thereof, or ministers in chapters that gives their consents thereto, without the consent of the Generall Assemblie of the Kirk, against the tenor of the acts made in Assembly before, the Kirk and Assemblie present hes concludit that the saids persones quhilk shall happen to contraveene the said act, shall be depryvit from their offices and functione in tyme cuming.

Forsuameikle as in the last Assemblie, commissione was give to certaine brethren to present to the King’s Grace and Councill the heids of the policie of the Kirk, with a supplicatione unto his Grace, the Kirk desyrit the report of the brethren’s proceeding; who exponit and schew, that according to their commissione they exhibite to the King’s Majestie a copie of the heids of the policie, with the supplication unto his Grace, quho gave a very comfortable and good answer, that not only wald he concurr with the Kirk in all things that micht advance the trew religione presently professit within this realme, but also wald be a protector of the Kirk; and thereafter his Grace presentit the supplicatione to the Councill, who nominat persones to conferr in the matter, and be his Majestie’s procurement obtained of the Councill that they micht choyse so many ministers to conferr, as was at lenth agreit upon: Quhilk conference is readie to be schawen.

Sessio 3.

The report of the Assemblie had be the Commissioners appoyntit be the King’s Majestie and Councill beand exhibite to the present Assemblie, it was thocht meet to be read over.

As to the supplication devysit in the beginning of the conference touching those that shall vote in parliament in name of the Kirk, the Assembly thocht the advyce good, and ordaynit Mrs John Row and Robert Pont to penne the same, and to present it to the Assemblie on Monday.

Concerning the remanent observationes, ordourly the Kirk proceedit as follows:

Cap. 1. The auchteine article thereof whilk in conferrence was desyrous to be made plaine, the Assembly thinks it sensible enough.

Cap. 2. The third article agreit conforme to the conferrence. The 7th article to be farder considerit.

Cap. 3. The 10th article thought plain in the selfe: as to the 12th article, agreit it be framit conforme to the conferrence. Touching the advyce, craveit what paines shall be put to non-residents, The Kirk thought meet and civill law cravit, decernand the benefices to vaick through non-residence.

Cap. 4. The 9th article agreit conforme to the conferrence and the penaltie of persones excommunicat, desyrit to be hornyng or captione be speciall act of parliament to be execute be the Thesaurer, Justice Clark, or uthers, that the King’s Majestie and his Councill pleis to appoynt.

Cap. 5. Agreit with the twa supplicationes desyrit.

Cap. 6. The perpetuitie of the persones of the elders agreit conforme[17]

{missing text indicated by asterisks}

... patrimonie of the Kirk, to the hurt and diminutione of the rentalls thereof, and to the prejudice of the old possessors of the same; certifieing them and every ane of them that does in the contrare, that the censures of the Kirk and excommunication sould proceid against them, and this act to be extendit to all Chapiters of every sorte and conditiones that is usit presently in this realme; and sicklyke against these that are receivers, directly or indirectly, of the saids fews, tacks, or uthers dispositiones whatsumever, and the contraveners to be accusit before the Generall or Synodall Assemblies and their Commissioners appoyntit be other of them to that effect, and intimation to be made heirof to all Commissioners and ministers in every Paroche Kirk, and that in respect of the great inconvenients knawn to the Kirk, against the Kirk, schooles, and the multitude of the poore, qwhilk dayly increases and dies miserably through the occasione forsaid.

The nixt Assembly to be in Edinburgh the 24th day of October nixt to come; and, if there be ane parliament betwixt and the said day, the Assemblie to be where the parliament beis, twa dayes before the samme.

[THIRTY-NINTH GENERAL ASSEMBLY.]

The Generall Assembly, convenit at Edinburgh, the 24th of October
1578, in the Nether Councell-house, where there was present the
Commissioners of Countries, Provinces, Townes, and Universities.

Sessio.

Exhortation made be Mr John Row. Leets, Mr Andrew Hay, Thomas Smetone, David Fargysone: The said David was chosen Moderator be pluralitie of votes. Mrs James Lawsone, Andrew Melvill, John Row, Andrew Hay, Thomas Smetone, John Craige, Robert Pont, Assessors.

The Noblemen in the Towne for the present were desyrit to be present in the Assembly.

Sessio 2.

In respect that at the desyre of the Assemblie, certain of the nobilitie were convenit, viz., my Lord Chancellour, the Earle Montrose, my Lord Setone, my Lord Lindsay, it was exponit and schawne be the Moderator of this Assemblie in name of the Kirk, qwhat care and studie the Kirk of God had taine to intertaine and keep the puritie of the sincere word of God unmixt with the inventions of their awne heids, qwhilk their speciall care was to reserve to the posteritie heirafter; and, seeing that the trew religione is not able to continew nor indure lang, without a good discipline and policie, in that part have they also imployit their witt and study, and drawne furth of the pure fountaines of God’s word sic a discipline as is meet to remayne within the Kirk, whilk they presentit to the King’s Majestie with their supplicatione, at whais discretion certain Commissioners were appoyntit to reasone with sic as were deput be the Kirk, where the haill matter beand disput was resolvit, and agriet, to a few heids, and thereafter againe presentit to the Lords of the Articles, that the said discipline may take place and be establischit be the actes and lawes of the realme, qwhairin, nottheless, their travells hes not succeeded; prayand, therefore, the nobilitie present, alswell openly to make profession to the Kirk if they will allow, affirme, and maintaine the religion presently establischit in this realme, as also the Policie and Discipline already spoken of, and labour at the King and Councill’s hands for ane answer to the heads after following, to witt; That his Grace and Councill will establish such heids of the policie as was alreadie resolvit and agreit upon be the saids Commissioners, and cause sic uthers as was not fully agreit to be reasoned and put to ane end, and that his Grace and Councill will restore the Kirk to the act of parliament concerning the thirds, and that nane vote in parliament in name of the Kirk, except sic as shall have commissione of the Kirk to that effect, and that presentationes of benefices be direct to the Commissioners of Countries where benefices lyis: And to the effect that the matter may be the better and sooner exped, that their Lordships wald appoynt sic tyme convenient thereto as they may best spare, that sic of the brether that beis namit thereto may await upon their honors. Theirunto the said Noblemen answerit, that a pairt of them had made publick professione of this religion before, and alwayes now they declare they confesse the religion presently profest within this realme, and shall maintaine the same to their power. As to the rest, they think good the King and his Councill be suitit, and they shall insist with the Kirk for answer thereto;--the tyme to that effect, to the Kirk, the morne.

Sessio 5.