Chapter IX: Part 9

Anent the Act made in the last Assembly concerning the Suspension of Visitors fra giving collatione of benefices to any persone by the ministers serving actuallie at the Kirks where the saids benefices lyes; The Kirk ordayns the said Act to stand in full effect and strength whill the next Assemblie, where the matter being newly proponed may be farther resolvit.

Anent the Submissione of Mr James Boyd, Commissioner of Kyll and Carrick, to the Generall Assemblie, conforme to the Act made in the last Assembly, and the reasoning had be him be the Moderator and brethrene appoyntit thereto, the forsaid brether being present thoucht best he sould publish his awne answer to the haill brether for satisfactione of them, who gave in his answer in wreit as follows:

I understand, the name, office, and modest reverence borne to a Bischope to be lawfull and allowable be the Scriptures of God; and, beand electit be the Kirk and King to be Bischop of Glasgow, I esteem my calling and office to be lawfull: And, as anent my executione of that charge committit to me, I am content to indeavour at my outermost abilitie to performe the same and every poynt thereof, and to abyde the honourable judgements of the Kirk from tyme to tyme, of my offending by my dewtie; craving alwayes a brotherly desyre at their hands, seeing the charge is weichtie; and in the laying to be lait to my charge to be examined be the cannone left be the apostle to Timothie, 1 and 1 cap., seeing that place was appointit to me at my receipt.

To understand therefrom the dewties of a Bischope: As toward my living, and rents, and uthers things grantit be the Prince to me, I reckon the same lawfull: As to my dewtie to the supreame magistrat; in assisting his Grace in Councill or parliament, being cravit thereto, I esteem my subjection compels me to obey the same, and no hurt but an well to the Kirk that some of our number be at the making of good laws and ordinances; in the doeing whereof I protest before God never to doe any thing but that I believe shall stand with the puritie of the Scripture and a weill reformit countrie, as also a good part of the living I brook being gine for that only cause.

Qwhilk being read in open Assemblie and considerit, after voting of the haill brethren, was adjudged to be no answer to the Act, nor to satisfie the desyre thereof, alwayes was reqyrit that afternoone he sould returne with better advyce as the Kirk wished at God he sould do.[18]

Sessio 8.

The Assembly hes votit and concludit that all sic persones as are alreadie, or heirafter shall be deposit for their offences from their functions of the ministrie, shall be chargit be the Commissioners of the countries to dimit the saids benefices and livings possesst be them, to the effect uthers may be provydit thereto that may travel in the said functione, under the paine of excommunication to be execute against them, qwherein if they faillie, after admonitiones, to proceed with the sentence of excommunicatione against them, under the paine of suspensione of them from the ministrie dureing the will of the Kirk, and that this act be execut against the Bischope of Dunkeld and minister of Saline be the Commissioners of the countrie where they dwell, betwixt and the next Assemblie, under the paine forsaid.

Forsuameikle as the Bischops are to be chairgit to remove their corruptiones in that estate, the Kirk nominat the speciall corruptions whilk they desire sic as will submitt them to the said Assembly to correct, with promise, that giue the Generall Kirk hereafter shall find farther corruptiones in the said estate, nor heirto is exprest, that they be content to be reformit be the said Assemblie according to the word of God when they shall be requyrit thereto: 1. That they be content to be pastors and ministers of ane flock: 2. That they usurp no criminall jurisdictione: 3. That they vote not in parliament in name of the Kirk without commissione from the Kirk: 4. That they take not up for the maintenance of their ambitione and covetousness, the emoluments of the Kirk, whilk may sustaine many pastors, the schools, and the poor, but be content with reasonable living according to their office: 5. That they claime not to themselves the titles of Lords temporall, neither usurp temporall jurisdictione, quhairby they are abstractit from their office: 6. That they take no farther bounds of visitatione nor the Kirk committeth to them: 7. That they impyre not above the particular elderschipes, but be subject to the same: 8. That they usurp not the powers of the pastors.

The Assembly depryvit Mr Hector Douglass from his office of function of the ministrie as woundit and unable therefor, and ordaynes him to be chargit be the commissioners of the countrie to dimit his benefice, and if he refuises after admonitiones, to proceed with excommunicatione against him, under the paine of suspensione of the said commissioner from his office of the ministrie dureing the will of the Kirk.

Forswamikle as there is diverse persones within this realme that sends their children, being within age, furth of the countrie over sea to places where superstition and Papistrie is mayntainit, upon pretence of seeking farther instructione and learning, as also uthers, beand of perfect age, transports themselves out of the realme upon the same pretence, whairthrow they become for the maist part corrupt in religione, as be evident experience is daylie seen; For remied heirof, the Generall Assembly hes advysit and concludit, that the parents of sic children as within their minoritie sends them to the saids places, or heirafter shall send them where the said Papistrie is teachit and maintainit, shall be chargit be their own ministers to call back their children from the saids places with all convenient expeditione, under the paine of excommunicatione; and if they disobey, to proceed against them; and sic as are of perfect age, that already are past out of the countrie to the saids places, or in tyme comeing, shall pass thereto, shall in like manner be chargit to remove themselves therefra under the semblalle forme to be execute against them; and if they disobey, to be excommunicat be the minister of the place where they remainit before their departing out of the countrie.

[FORTIETH GENERAL ASSEMBLY.]

The Generall Assembly, convenit at Edinburgh in the New Kirk, and
begun the seventh of July 1579, wherein there was present the
Commissioners of Countries, Provinces, Towns, and Universities.

Sessio.

Exhortation made be David Fargysone. Leitts, Mrs Andrew Hay, Thomas Smetoune, and John Duncansone: be plurality of votis the said Mr Thomas was made and chosen Moderator _hac vice_, at whais desyre the Laird of Dunn, Mrs John How, Andrew Melvill, Andrew Hay, James Lawsone, Robert Pont, David Fargysone, and John Greig, were appoyntit Assessors.

Sessio 2.

In the face of the Assemblie, Mr John Duncansone, the King’s Majestie’s minister, presentit his heines Letter direct to the Assemblie, qwhilk was read and humblie receavit, and ordayned to be registrat in the Register of the Kirk, quhairof the tenor followis:

Richt trusty and welbelovit, We greet yow hartilie well. Understanding of your present Assemblie at Edin^r. and frae the rumors that passes of some things to be intreatit amanges you, that may seeme prejudiciall to that good order of the Government of the Kirk and ecclesiasticall policie heretofore lang travellit in and hoppit for, We have taken occasione to schaw yow our mynde in this behalf to the minister of our awne house and some uthers of your awne number hapining to be present with us, whom in this caus we have thocht meitest to use as our owne Messengers to carrie our Letter, whereby we will heartily desyre you and effectuouslie wische yow, that in this our young age, the tyme being subject to so many difficulties and imperfectiones, to bestow your common cares and good willes, to intertaine peace and quytness in God’s feare and our dew obedience, forbearing any proceeding at this tyme that may touch matters heirtofore not concludit be any lawes and receivit in practise. But whatever in the former conferences touching the policie of the Kirk was remittit to be resolved and decyded be our estates in parliament, let it so rest without prejudging the same be any of your conclusiones at this tyme, since our parliament now so schortly approaches, and that we are weill pleasit and content, that before the same sic matters as are not yet reasonit may be farther consultit upon and prepared to pass in forme of lawes, and the meitest for that wark to be expresslie imployit therein; to the end that the things conferrit and agreit upon may be presentit to our estates, to be approvit in our said parliament, and dew executione to follow thereupon for the advancement of God’s trew religione and the repose of yow and uthers our good subjects the members of the Kirk of God within our realme: and for this cause we will not only be the authors and perswaders of common peace amang all of your owne functione, but amangst all others our good subjects, alsweell generallie as in the particular Kirks where ye travell, that some men over bussie to work the contrarie effects may finde themselves disappointit, and that our haill estate, be your good example, may be rather disposit to conforme themselves to a godly and peaceable course of living, qwhilk we are assured shall be pleasing to God and to us most acceptable, as ye may perswade yourselves of our willing inclinatione to set fordward this actione according to God’s will and word, with all the diligence and good meanes that may be used; and so looking to be informed of the success of this our reasonable request, and admonitione, We committ you to the protection of God. Att our Castle of Striviling the 5 of July 1579.

Sic subscribitur, JA. REX.

Direct to our trusty and well-belovits the Ministers and uthers
of the Kirk presently assemblit at Edin^r., &c.

Sessio 4.

Twiching the epistle presentit be Alexander Arbuthnott to be prefixit to the Bible, the brether hes desyrit the Moderator and his Assessors to read and consider the same, together with the Kalander to be presentit to Mr Robert Pont, and to give their judgements thereof the morne.

Sessio 5.

Anent the buriall of the Earle of Atholl of good memorie, the Kirk thocht meit to direct from the Assembly Mrs John Row and Johne Durie to desyre of them that all superstition be avoyded thereat; quho reportit that they had made information to their honors, that the bruit was of same superstitious rites qwhilks ware prepared for the buriall, as ane qwhyte cross in the mortcloath, lang gownes with stroupes and torches: quhair answer was that it was not ane crosse, and grantit the gownes and denyit the torches; alwayes desyred the Kirk to direct two to sie if sic things as was prepared were superstitious, and they sould be reformit: according qwhairto war immediately sent to them David Fargysone, John Braid, and John Durie, to declare, The Kirk thocht the crosse and stroupes superstitious and ethineque lyke, and to desyre them to remove the same; who returnit with answer, that the Lords should cause cover the mortcloath with black velvet, and the stroupes should be removit.

Anent the act made in the last Assemblie concernyng the suspensione of visitors fra giving collation of benefices to any persones by the ministers serving actuallie at the kirks where the saids benefices lyis; The Assembly ordayns the same act to stand in full effect and strength whill the nixt Assembly, qwhere the matter being newly proponit, may be farther resolvit.

The brether thocht good that the late conferrence haldin at Striviling to sic as the King appoynted thereto sould be read, seen, and considerit, with the booke of the Policie, to see wherein the said conferrence agries with the conclusione already of the Kirk. Cap. 1.

Concerning the doubt made upon the second article of the said chapter, the Kirk explaines that article, and declares it is understand baith of the particular presbyterie and generall Kirk. 4. Article is thocht plaine anouch. 6. Agreit to the dilatione containt in the 6th article. The 9 article the Kirk thinks good--it stands as it is in the Kirk, and the 12 sicklyke. 3. The Kirk ciks to the word government, this word discipline. The 10 article to remaine unalterit.

Sessio 7.

The Kirk present willed Mrs Andrew Melville, Andrew Hay, John Craige, William Chrystisone, and the Laird of Dun, to convein in the place of the Assemblie, and to visit the answer gine in be Mr Patrick Adamsone; to remove the corruptions in the estate of Bischops, and to giue their judgement thereupon the morne.

Sessio 8.

The Assemblie weyand the apostasie of Mr Niniane Dyell, master of the Grammar School of Dumfries, deposed him _simpliciter_ from the functione of the ministrie in tyme cuming, and suspends him from teaching the schoole and youth, qwhill alse good experience be had of them of his lyfe as they have had of his defectione; and in the meanetyme ordayns ane of the Doctors of the school, if he be sound in religione, to teach the schoole of Dumfries dureing that tyme; and farder ordaynes him publickly, in face of the haill Assemblie, to confess his offence, and thereafter to pass to the towne of Dumfries, and uther pairts of the countrie where he hes abused the simple people, and likewise publicklie in presence of the commissioners confesse the same, revockand the saids errors and professand the contrarie, craving God and his Kirk pardon therefore; and that immediately after his and the commissioners’ hame passing, under the paine of excommunicatione.

Sessio 9.

Anent the Bischops or Commissioners of Countries that absents themselves from Generall Assemblies at the tyme appointit; The Kirk hes ordainit the act made the 12 of Aug. 1575 to be execute against them, and namely against St Androis, Morray, and Aberdeen, all absent; and the said act to be understand of Bischops haveand office appoyntit of Visitation appoyntit to them be the Kirk, but sic also as hes not the said office.[19]

Anent Jesuits repairing in this countrie; the Assemblie present hes votit and concludit, that the Commissioners of Provinces take tryall and diligently inquire if any sic persones resorte within the bounds of their office; and if any be found, to charge them straitlie to give confession of their faith, revock their errors, subscribe the articles of religione presently established be the mercie of God within this realme; and if they refuse, to proceed with the sentence of excommunication against them, beside the civill punischment to be askit of the King’s heines, and that this act be execute against Mr John Hay.

Ordaynes ane supplication to be made to the King and his Counsell that good order may be taken with the Universities of St Androis, and the corruptiones reformit and taken away; and to that effect that his heines with his Councill wald direct some wyse, godlie, and learnit men to consider the estate thereof, and direct letters chargeing the Masters and Regents of the said Universitie to produce before sic as his heines and Councill sall nominat with the brethren efter specified in name of the Kirk, viz. Mrs Robert Pont, John Row, Andrew Hay, Andrew Melvill, Thomas Smetoune, and Thomas Buchanan, ministers; the fundationes of the colledges to be seine and considerit be them: To the qwhilk brether the Kirk for their pairt gives commissione to censure with the King’s Majestie’s Commissioners, to take order, and redress all such corruptiones and defaults as pertaynes to the Kirk, and in so far as they may do.

Sessio 10.

Mr Ninian Dalzell producit to the Assemblie his opinione concernyng the heads of religion qwhilks are in controversie subscryvit with his hand, agrieing in all poynts with the opinion and judgement of the Kirk; protestand before God for no favour or feid of flesche, he affirmed the doctrine contained therein, and is alwayes mynded to live and die in the same.

The Generall Assemblie gives full power and Commission to their honourable brether the Lairds of Lundie, Braid, Elphinstoune, Carnal, Bargany, Carltowne, Abbotshall, Soffurd, Coldenknowis, Patrick Kynnynmont, with the Commissioners appointit over the haill provinces within this realme, be the said Assemblie, Mrs Robert Pont, James Lawsone, John Craige, John Duncansone, ministers, Andrew Melvill, Alexr. Arbuthnot, with sic as shall have commissione to be direct from the burrowes, or to the maist pairt of the said number, to convene where it shall happen the parliament to be halden two dayes before the halding thereof, and with their advyce, conceive and forme sic heids and articles as they shall think meit to be proponit thereto, in name of the Kirk, ffor the weill and maintainance of God’s Glory and Policie of the Kirk of God to desyre; with all humilitie and reverence to crave the samen to be grantit; to conferr and reasone thereupon the saids heids and sic as shall be proponit there, sicklyke and as the said Assemblie might doe if they were present, firme and stable.

The Generall Assemblie gives full power and commission to their lovit brethren John Erskine of Dun, John Duncansone, Andrew Hay, John Craige, Thomas Smetone, ministers, and Andrew Melville, principall of the Colledge of Glasgow, to passe to the King’s Majestie and Councill to Striviling with convenient expeditione, and to present unto his heines and Councill sic heids, articles, and complaints as are gine and already delyvirit to them be the Kirk, with humble instance and reverence to crave and receave answer thereof, and therein to travell effectuouslie and with diligence, and namely to make sute for the reformation of the Universitie of St Androis, and that tymes may be appoyntit thereto: qwhairof the said Assembly willed their breither to make dew advertisement to sic as the said Assembly hes namit for their part, and what beis done to report againe to the next Assembly, firme and stable haldand and for to hald, whatsumever their said brether in the premisses righteouslie leids to be done.

Articles presentit to the King’s Majestie be the saids
Commissioners.

1. The Kirk craves of the King’s Majestie wald make generall prohibitione that nane of the inhabitants of this realme send their children to Paris or any uther universitie or toune, professing papistrie, under sic paynes as his heines and his councill think expedient.

2. That his heines wald cause and compell the Provest and Masters of the Colledges of the Universitie of St Androis to produce and exhibite the erection and foundationes of the colledges within the said Universitie, to be considerit be his heines, and sic as his Grace shall appoynt; also that the saids foundatione may be sichtit, and reformation made thereanent as effeirs.

3. Because some Jesuites are presently within this countrie, that order may be taken with them as effeirs.

4. Because ane minister is not sufficient at all tymes to await upon his Grace and his heines’s house, to preache, exhort, admonische, and preserve discipline within the same; Therefore the Kirk craues that his heines will be content to name ane uther minister within this realme, of best qualities, to be joynit with John Duncansone, that they may both be mutuall, await upon his Grace and the haill ministrie of his house.

5. That because in the last conferrence, halden in Striviling be his Grace’s command, concernyng the policie of the Kirk, certain articles thereanent remaines yet unresolved and referred to farther conferrence, therefore the Kirk craves at his Majestie, that persones unspotted of sic corruptions as are desyrit to be reformit, may be nominat be his Majestie to proceed in the farther conferrence of the said policie, and tyme and place to be appoyntit for that effect.

6. Because the Kirk understands that his Majestie, be advyce of his Secret Councell, directs letters oftentymes to stay the executione of the acts of the Generall Assemblie, as also summonds ministers to take tryall of excommunicatione pronouncit be them according to the word of God and discipline of the Kirk, stayes the producing of the same, as the Commissioners of the Kirk in particular will declare; that therefore his gracious Majestie heirafter wald suffer the acts of the Generall Assemblie to be put in executione, and namely that excommunicatione being pronouncit, may haue the dew executione, without controlling thereof before his Majestie and Secret Councill.

Questiones proponit be the Synodalls to the Generall Assemblie.

In respect of great inconvenients that hes ensewit, and daily does ensew, be readers in using their office, the haill brethren hes inhibite all readers from ministring the sacraments and solemnization of marriage, permitting nothing unto them but the proclamatione of the bands, simple reading of the text, desyreing ane uniforme order to be establischit be the acts of Generall Assemblie throughout all provinces.

Responsio: So manie readers as the Commissioners and Synodall Assemblie findes unmeit to solemnize marriage to be inhibit be them, in respect that syndrie brethrene besydis their ministrie hes particular benefices, whereby the kirks where their benefices lyis are disappoyntit of service, that ane uniforme order may be tane that men may serve either at the kirk where the benefices lyis, or provisione to be made for the same.

Answer: Agreit heirto.

Presbyteries wald be erectit in places where publick exercise is used unto the tyme the policie of the Kirk be established be law. Answer: The exercise may be judged a presbyterie.

If any aucht or may be sufferit to read within the Kirk in tyme of necessitie, without admissioune, althoch they be elders or deacons. Resp.: Negatur simpliciter.

If all kirks have not the same equall power to marrie on an owkday by the Sabbath, havand ane sufficient number, and joyning preaching thereto, as certaine particular kirks alreadie practises the same.

Responsio: It is agreit that they may marrie on feriall dayes.

What order shall be put to them that bides from the communione, alleadging invy that they beare towards their neighbour:--the cause thereof and uthers that neither will speak, salute, nor bear familiar company with their neighbours, beand requyrit be the ministrie, will not obey--oucht they to be admittit?

Responsio: Ordaynes the persones lyand under invy to be admonischit, and the uthers not to be sufferit without reconciliatione and testificatione of brotherly love.

What ought to be done to sic persones that after admonitione will pass to May playes, and speciallie elders and deacones and uthers wha beirs office in the Kirk?

Responsio: They aucht not to be admittit to the sacrament, and specially elders and deacons.

May marriage be solemnizat any day in the weik?

Responsio: Bands being three severall Sondays lawfullie proclaimit, the marriage may be any day of the weik solemnizat, sua that ane sufficient number and witnesses be present.

What order shall be taken with those persones that passes to ane popish priest to be married, their bands not beand proclaimed: shall they be esteimit as married; and if not, what discipline shall be usit against them?

Answer: The conjunctione is no marriage, and therefore ordayns the persones before their particular Assemblies to be callit to satisfie as fornicators; and upon new proclamation to be married according to the order of the reformed Kirk, and the papist priest to be punischit.

Ordaynes the commissioners of countries and their assessors to try within their bounds, sic of the ministrie as hes pluralitie of benefices and offices, and to inquyre the reasons thereof, to be reportit be them to the nixt Generall Assemblie, with their names that bruikes the saids benefices and offices, that the Kirk may take order for removeing thereof.

Anent the act made anent the apparell of the ministers and their wyfis; ordayns the same to be put to executione in all poynts, according to the tenor thereof.

The nixt Assemblie to be the secund Tuesday of July nixt to come, in Dundie. The haill brethren present warnit thereto.

[FORTY-FIRST GENERAL ASSEMBLY.]

The Generall Assemblie, conveint at Dundie, and begune the 12th
of July 1580, where there was present the Laird of Lundie,
Commissioner for his Majestie, Commissioners of Provinces,
Townes, and Universities.

Sessio.

Exhortation made be Mr Thomas Smetone, minister of Pasley: Leitts, Mrs Robert Pont, James Lawsone, Andrew Hay, John Duncansone. The said Mr Thomas, be pluralitie of votes, was chosen Moderator, who desyrit certaine brether to be appoyntit wham he would nominat to conferr with him: Upon whais desyre, because that certaine brether were offendit with the order of Assessors as though some tyrrannie or usurpatione might creep in thereby, or liberty taken from the brether, Questione was movit to the haill Assemblie if the said order was worthie to be continued as it hes been before, or to be rejectit as prejudiciale to the libertie of the brether; and to the effect that all occasione of murmure may be taine away, all that wald reasone in this questione being requyrit publickly, in fine, the haill Assemblie concludit the said order to be good and necessar, and to be keepit as it was before, without any hurt or prejudice to the libertie of the brether.

The Assessors, Mrs Robert Pont, Thomas Smetone, Andrew Melvill, George Hay, William Chrystisone, David Fargysone, John Young, Patrick Auchinleck, Thomas Buchannan, the Laird of Braid, and John Johnstoune.

Sessio 3.

Mr John Craig, ane of the ministers of the King’s houss, presentit his heines wryting, which was opinly read in the face of the haill breither, with all humilitie, and praised God in his heines good zeal. The tenor:--

Trustie and well beloved Friends, We greet you weill. We haue direct toward yow our traist friend, the Prior of Pittenweyme, and the Laird of Lundie, instructed with our power to that effect, for assisting yow with their presence and councill, in all things that they may, tending to the glory of God, and preservatione of us and our estate; desyrand yow heartilie accept them and our good will committit to them for the present, in good part: So, we commend yow to God’s protectione. From our Palace of Falkland, July 12, 1580. _Sic subscribitur_,

JAMES REX.

Sessio 4.

Forsuameikle as the office of ane bischope, as it is now wsit, and commonlie taken within this realme, hes no sure warrand, auctoritie, or good ground, out of the Scripture of God, but is brought in by the folie and corruptione, to the great overthrow of the Kirk of God; The haill Assemblie of the Kirk, in ane voyce, efter libertie gine to all men to reasone in the matter, nane opposing himself in defending the said pretendit office--Finds and declairs the said pretendit office, usit and termit as is above said, unlawfull in the selfe, as haveing naither fundament, ground, nor warrant, within the word of God: And ordaynes that all sic persones as bruiks, or shall bruik heirafter, the said office, shall be chairgit simpliciter to dimitt, quyte, and leave of to the samen, as ane office whereunto they are not callit be God; and sicklyke to desist and cease from all preaching, ministratione of the sacraments, or wsing any way the office of pastors, whill they receive _de novo_ admissioune from the Generall Assemblie, under the payne of excommunicatione to be wsit against them, qwherin if they be found disobedient, or contraveine this act in any poynt, the sentence of excommunicatione, after dew admonitiones, to be wsit against them. And for better executione of the said act, it is statute that ane Synodall Assemblie shall be halden in euery province where any wsurpit bischopes are, and begine the 18th of August nixt to come, whereto they shall be callit and summoned, be the Visitors of the saids countries, to compeir before their Synodall Assemblies; and namely, the Bischope of St Androis to compeir in St Androis, the Bischope of Aberdeen in Aberdeen, the Bischop of Glasgow in Glasgow, the Bischope of Morray in Elgine, to giue obedience to the said act; qwhilk if they refuse to doe, that the saids Synodall Assemblies shall appoynt certain breither of their ministrie to giue them publick admonitiones out of the pulpitt, and warne them in caise they disobey, to compeir before the next Generall Assemblie, to be halden at Edinburgh, the 20th day of October nixt to come, to heir the sentence of excommunicatione pronuncit against them for their disobedience; and to this act the Bischope of Dumblane agreit, submitting himself to be reulit thereby.

As to the order to be taken with the patrimonie of the Kirk, bruikit and possessit be the saids bischopis, the Kirk referres the reasoning thereof to the nixt Assemblie.

Sessio 5.

Forsuameikle as, albeit there be diverse acts concludit in sundrie Assemblies of before, to stay unjust alienatione, dispositione, and wasting of the Kirk rents, and patrimonie thereof, be sic persones within the ministrie as are cled with benefices; and not the less, naither respect nor feare of God, nor reverence to his Kirk, nor good lawes set out in the contrare, hes represt their insatiable and cursed avarice from sic inordinat dealing, to the great prejudice of the Kirk of God, and common griefe and regrait of all good men: For better remeid whereof the brethren assemblit, after reasoning and mature deliberatione in the matter, in uniformitie of votis, hes thocht meit, and concludit, that all persons within the ministrie, alsweell they that wsurpit the stylls of Bischops as uthers that shall be tryit heirafter, to diminische the rents of their benefices aither be diminution of the old rentall, be setting of victuall for small pryce, and within the worth, or wther wayes unjustlie dilapidating and putting away of the rent thereof, be the sicht and judgement of the Generall Assembly, shall underly the sentence of excommunicatione, but furder proces.

For purgatione of the Kirk from sclander: the Kirk requyrs, and in the name of God desyres, all men, alsweill gentlemen as uthers convenit at the tyme, if they knaw any within the ministrie sclanderous in lyfe, unable to teache, unprofitable or curious teachers, negligent in preaching, non-residents or deserters, havers of plurality of benefices and offices, dissolute in manners, havand mixt jurisdictiones, givers of pensiones out of benefices, or receavers thereof, to give in their names in a tickett to the Moderator, and that order may be taken with them be the Moderator and his assessors, if present order may be had therewith, wtherwayes to report to the Assembly.

Anent the office of Readers, that hes no farther gift of God but simple reading of the Scriptures: The Generall Assemblie hes concludit, after lang reasoning, that their office is no ordinar office within the Kirk of God; and because some of the brether movit the cause and questione, qwhither, in their necessitie or circumstance of tyme, they should be sufferit to continow, the disputation heirof remittit to the morne.

Sessio 7.

William Stewart, brother to the Laird of Traquair, presentit ane wryting unto the Assemblie in name of the Earle of Lennox. Tenor thereof:

It is not, I think, unknowen unto yow, how it hes pleisit God of his goodness to call me be his grace to the knawledge of my salvatione sen my coming in this land, qwhairfore I rander maist earnestly humble thanks unto his divine Majestie; finding my voyage towards thir pairts maist happilie bestowit in this respect: And, although I have made open declaration of this my calling, first by my owne mouth in the kirk of Edinburgh, and secondly by my hand wreit in the King’s kirk at Striviling, qwhair I subscribed the confessione of my faith, yet I fand it was my dutie, ye being generally convenit, to send this gentleman, my cousine and friend, accompanyed with my Letter towards yow, to make yow, in my name, ane frie and humble offer of dew obedience, to receive your will in anything it shall please yow, I did farther anent the accomplishing of my said confessione; assureing yow that I shall be ready to performe the same with all humilitie, as also to procure and advance all wther things that may farder the glory of God and increase of his Kirke, the commonwealth of the countrie, and of the King’s Majestie’s service at my utter possibilitie: And so houping to be participant in all tymes coming of your godlie prayers and favour, I salute yow maist lovingly in Jesus Christ our Saviour. From St Androis, the 14th of July. _Sic subscribitur_,

Your humble and obedient at all power,

LENNOX.

The Generall Assembly hes concludit that all Readers within this realme shall be tryed and examined _de novo_ be the Commissioners of the countries, with the advyce of their assessors, so far as possiblie they may, betwixt and the nixt Generall Assemblie; and so many as beis sound and travellit in reading be the space of twa yeares, and hes not profited that they are able to be pastores and to preache the word of God, shall be deposit from the reading be the saids Commissioners, with assistance of their saids assessors, and the diligence to be done herein to be reportit again to the nixt Generall conventione of the brether. Sicklyke because Readers hes no ordinarie office within the Kirk of God, The Generall Assemblie declares that no simple Reader sall be capable of any benefice, or bruik or possesse the same in tyme cuming, nor yet bruik or joy the manss or gleib, where there is any minister actuallie serving.

The Assembly hes recommendit the executione of the King’s proclamatione concernyng papists, unto the haill Commissioners, as they will answer unto his heines and unto the Kirk.

It is thocht meit to be cravit of his heines, that the Kirk of God within this realme may be restorit to the benefice, of the act of parliament made concerning the thirds, in respect of the many and grievous hurts qwhereby the Kirk recognises to have receavit be the takeing away of the said act from them; Therefore it is thought expedient the Moderator, with sic as are assessors to him upon the articles, and, namely, upon the article of repositione and restitutione to be presentit againe to the Kirk, and considerit be commone advyce and consent of the Kirk.

Sessio 8.

Compeirit Mr Henrie Keir, servitor to the Earle of Lennox, and declareit, that albeit he had lang remainit in blindness and papistrie, it pleasit God to illuminat him and call him to the knawledge of the trew word qwherein be his grace he is now resolvit, acknauledging the same word to be trewlie preached and professit within this realme, and be act of parliament established, and to be the only trew religione of God, qwherin he is content aither now or when the King’s Majestie’s house beis settled, with his heart to subscryve at the will of the Kirk as they sall think best.

It is, be vote of the haill Assembly, after lang disputatione, resolvit and concludit, that it is not lawfull be the word of God, that ane pastor be burdenit with the charge of feeding of twa particular flocks or mare congregationes nor ane, nor yet bear the name or be callit pastor of moe kirks nor ane.

The Generall Assemblie of the Kirk hes statute, that the Commissioners of Countries shall call persones who hes, after their professione of religion within the country, declynit to idolatrie, and now returnit within the countrie, ilk ane within their awne bounds, before their Synodall Assemblies, and accuse them thereof: if they be tryit to have committit the said defectione, to charge them to make repentance thereof, under the paine of excommunicatione; and gif they disobey, to be excommunicat be sic persones to be appoyntit be the Synodall Assemblie to that effect, lawfull admonitiones preceiding; and if they offer obedience and repentance, to superceid the taking thereof, the forme of the same be advysed on the next Generall Assembly, suspending them, in the meantyme, from the participatione of the sacraments qwhill the said Assembly; and heirin to report their diligence thairto, as they will answer to God--and the same order to be observit with them that willinglie acknowledges the said defectione, and comes and offers their repentance.

Compeirit Captaine Anstruther, and lamentit to the Kirk, that he beand in France, and certaine years bypast had gine his bodilie presence to the Masse, albeit in conscience he hated the same as idolatrie, and keepit alwayes upricht mynde towards the religione profest in this realme, and feeling grief in his conscience for his defectione, is come to utter his repentance unfainedly for the same, submitting him to whatsumever correctione the Kirk will injoyne him, desyrand to be reconcillit thereto; and, in token of his sincere meining, held up his hand as to the boutcherie and massacre of Paris, declares he keepit the King’s ʒett of Lovar, the tyme thereof, but past no farther.

Because some breither meaned, that the transporting of Mr Andrew Melvill and Thomas Smetoune sould be many wayes hurtfull, and aucht not to be permittit; at the desyre of their breither Mr Andrew Hay, alleadgeand that he had many greit reasones privatly to propone, if the Kirk wald agrie thereto, appoynted the Moderator with his assessors to the heiring thereof.

Sessio 9.

Anent the act made in the last Assemblie, concerning the suspension of Visitors from giving collatione of benefices to uthers nor serves actuallie at the kirks where the samen vaiks, under the paines expressed in the said act; The Kirk ordaynis the said act to stand in full strenth, with this additione, That if any collatione or admissione beis gine be any Visitor againes the tenor thereof, shall be null and of nane availl; and sicklyke declares all collations and admissions that shall be gine heirafter be any pretending the style of bischops, shall be null in the selfe, in tyme cuming.

Sessio 10.

The Generall Assemblie of the Kirk gives full power and commissione to their honorable and welbelovit brethren, the Lairds of Lundie, Braid, Colluchie, Ryress, and Carltoune, Mrs James Lawsone, John Craige, John Duncansone, Thomas Smetoune, David Lyndsay, Robert Pont, Andrew Hay, Andrew Melvill, George Hay, Thomas Buchanan, John Brand, ministers of God’s word; John Johnstoune, Commissioner of Edinburgh, Richart Blyth, Commissioner of Dundie, George Elphinstoune, Commissioner of Glasgow, or any sax of them, to passe with all convenient diligence to the King’s Majestie and his noble Councill, and that with dew humilitie and reverence present to his Heines and Councill sic heids, articles, and supplicationes, as are conceivit in wreit, and delyverit unto them be the Kirk; most humbly supplicand and requyring his Majestie and Councill’s good answer thereto, and to travell effectuously and with earnest suite for granting of the same; as also, if need beis, to conferr and reasone upon every article and petitione proponit therein; and what here beis done, to report againe to the next Generall Assemblie.

Forsuameikle as throw a great part of this countrie, the afternoone exercise and doctrine upon Sabbath dayes is not usit, and speciallie to landwart, and therefore the people are not dewlie instructed in the Catechisme and Rudiments of Religione; The Kirk hes ordaynit that all pastors and ministers sall diligently and zealously travell with their flocks, to conveine to the afternoones sermones, alsewell they that are in landwart as they that are in burghs, as they will answer to God.

It is concludit be the Generall Assembly, that in every principall Assemblie, there shall be certaine assessors nominat to them, to concurr with the Commissioners of the Countrie, who shall subscryve with them in all weightie and greit matters.

Articles proponit be the forenamed Commissioners to his Majestie
and Councill.

1. First, That order may be taken with sick as puts violent hand in ministers, or troubles them in exerciseing of their offices.

2. That they who for just cause are deposit from the ministrie may losse alsweill their benefices as other qualified persones provydit thereto, the Kirk may be servit.

3. That punishment may be made for sic as passes in pilgrimages to kirks or walls; and that order may be tane with them that past to the Holie Rude of Peblis, and sic uther places.

4. That no presentatione of benefice be directit to any persones but sic as beirs commissione from the Generall Assembly, according to the act of Parliament; and if any be utherwayes receavit, that their admission be declairit null.

5. That all benefices vaikand, where ministers are plantit, be gine to ministers serwing the cure where they vaike, they beand able therefore; and that no presentatione gine to any wther persone be receavit, unless the minister serving the rowmes be first found able.

6. That order be taken with Alexander Arbuthnott that the Bibles may be delyverit according to his receipt of money from every paroche; and to that effect that he and his soverties may be commandit be letters of hornying for delyverance thereof, and no suspensione to be grantit without the same be delyverit.

7. In respect of the good and godly zeall of James Lord Arrane, alwayes schawine in defence of God’s cause and commone wealth, it will please your heines and councill to resolve upon some good and substantiall order that may serve both for the health and curing of his bodie and comfort of his conscience.

8. That the Book of Policie may be establisched be ane act of Privie Councill, qwhill ane parliament may be had, at qwhilk tyme it may be confirmed.

9. Because there is great necessitie of a printer within the countrie, and there is ane stranger banisched for religione, called Vantrolier, who offers to employ his labours in the said vocatione, for the weill of the countrie, It will plese your Grace and Councill to take order herein, as your Grace thinks meit, and to give licence and priviledge to him to that effect, if it shall be thocht expedient be your Grace and Councill.

[FORTY-SECOND GENERAL ASSEMBLY.]

The Generall Assembly, conveint in the Over Tolbooth of
Edinburghe, and begune the 20th of October 1580; Qwhaire there
war present the Commissioners.

Sessio.

Exhortation made be Mr James Lawsone. Leitts, Mrs Robert Pont, Andrew Hay, Andrew Melvill: the said Mr Andrew Hay, be plurality of votes, was chosen Moderator _hac vice_.

Assessors Mrs Robert Pont, James Lawsone, Andrew Melville, Thomas Smetowne, David Fargysone, George Hay, Thomas Buchannan, Wm. Rynd, and the Commissioners of Edinburgh, all desyrit and nominat be the Moderator.

Sessio 2.

The Bischops of St Androis, of Glasgow, of Aberdeine, and Morray, beand callit, nane compeirit.

Sessio 3.

Anent the report of the King’s Grace and his Council’s answer to the petitions proponit be word be the brethren of the kirk yesterday; the brethren returnit answer to the articles. His Heines and Councill promittit to giue resolute answer to the same the 15th day of the next moneth, and to stay the place whill then.

In name of my Lord Lennox compeirit Mr Henry Keir, and saluted in his name the whole Kirk, declairing that his Lordship was maist willing to have ane minister in his awne house, for exercise of the trew religion; and albeit he had promised at the subscryving of the articles of religion to send for ane minister that had knawledge of the French tongue, yet be reasone Mr Bower had promised that he should cause him be provydit of ane qualified minister, according to his desyre, qwhilk took no effect, and wtherwayes also, because his desyre was that rather the Kirk should chuse him ane sufficient pastor, the matter hes sensyne lyen over; willing hartilie that the Kirk should write to some pastor of the French Kirk of London, for whais provisione and good entertainment he should be carefull: promising also in his name, that in the effaires of the Kirk, either in generall or particular, he should imploy his good affectione and labour as he sould be chargit; desyring that no uther opinione sould be conceived of him nor of any man that meines trewly towards God. The Kirk present hes willit their brother Mr James Lawsone to pen ane wryting in their names, to the minister of the French church of London, to the effect foresaid.

Anent the transporting of Mr Andrew Melvill, Principall of the Colledge of Glasgow, and Mr Thomas Smetoune, Minister of Pasley, to the Universitie of St Androis, conforme to the King’s Grace’s writting direct to that effect; after some publick wrytings in the matter had on ather syde, the Kirk referrit farther disputatione thereof qwhill afternoone. In the meane tyme, the questione being movit, if the Kirk might concurr with the King’s Majestie in transporting of Doctors from ane Universitie to ane uther for weightie and necessar causes, The Kirk and Assemblie present for the maist pairt votit to the affirmatione of the said questione.

Sessio 9.

Anent the act made in the last Assemblie concernyng the damning of the pluralitie of kirks in ane minister; The Kirk ordains the same to be put in executione be the Commissioners of provinces after the tenor thereof, under the paine of disobedience.

Anent the act made in the last Assemblie touching the Bischops; In respect that the order of the said act hes not been followed out against Bischops of Morray and Aberdeene conforme to the tenor thereof, The haill Kirk, as of before, ordaynes the Commissioners of the countries to put the said act to executione in all poynts, sa far as concerns thair pairt thereof, and the ministry so far as is appoyntit be the said act unto them, under the paine of making publick repentance in face of the haill Generall Assemblie, in caice they be found to contraveine the said act: And as to the warning and suiting of the saids Bischope of Morray, ordaines him to be warnit in Elgine publickly in the kirk; ordaynes Mr Thomas Buchanan, to summond the Bischop of Cathnes, and Johne Hepburne to summond the Bischop of Brechine to compeir in the nixt Generall Assemblie, to giue their submission and assent to the speciall heids conferrit and agreit upon be the Bischops of St Androis, Glasgow, and the Isles, with the Assembly, to be convenit expressly in the summonds; Certifying them and they compeir not, the Kirk will proceed with farder admonitiones against them. And in caise that the saids Mrs Thomas and Johne fulfills not this ordinance, the Kirk hes decernit against them that they shall make publick repentance in face of the haill Assemblie.[20]

The Generall Assemblie gives full power and commissione to their lovit breither of the Exercise of Edinburgh, with Mr John Craige, minister of the King’s house, if he be present, to call the Bischop of Orknay before them, and to chairge him in name of the Kirk, to give submission and assent to the articles and heids greit upone betwixt the Bischops of St Androis, Glasgow, and Isles, and to receave his answer thereupon, to be reportit with the haill proceiding therein to the nixt Generall Assemblie.

Ordaynes Mr Andrew Hay to summond the Visitor of Argylle to compear the next Generall Assembly to answer upon the usurpatione of the office of visitation within the saids bounds, under the pain of disobedience.

Anent the request made be the Commissioners of Perth to the haill Kirk, that in respect of the inlaik of umquhill Mr John Row, their late minister, ane notable man within the Kirk, and of the greit necessitie that the toune had to be prouydit of a singular good man both for doctrine and good discipline, That the Kirk would favourably grant to the placeing of Mr Thomas Smetoune and John Craige there. The Assembly considering the many impediments why their said breither might not be plantit there, Giues to the said towne any of the ministers following, viz. Mrs Andrew Symsone, James Andersone, John Davidsone, and ordaynes any of them that shall be best lykit of the said Towne, the said minister to be placit at the said kirk.

Sessio 10.

Qwhither if any minister may be removit be the Generall Assembly of the Kirk from his particular flock by consent of his flock for good and reasonable causes? The Kirk answerit therto affirmative.

Qwhither in respect of the present necessitie that there is no Doctors within the realme, ane minister may superceid the office of pastorschip for a tyme and use the office of a Doctor? It was answerit be the Kirke that it may be, be command of the Generall Kirk upon good considerationes.

Sessio 13.

Forsuameikle as be evident experience it is knawne to the Kirk, that of late dayes syndrie apostates are returned within the countrie, and are spread in diverse provinces, as in Angus and in wther pairtes, and no kynde of discipline as yet used against them, to the great sclander of the Kirk of God, grieff of the consciences of good men, and contempt of the acts of the Kirk; The Generall Assembly ordaynes the Commissioners of countries to put the act of the last Assembly to dew execution against them in all poynts, and to use the forme of discipline against them, as is used against adulterers, and this act and ordinance to be followit out be the Laird of Dun against the 10th day of November nixt to come within his province, against the Master of Gray, and uthers suspect of the said apostacie.

Anent the order of Visitors, Forsuameikle as it is considerit be the Kirk to be ane corruptione and to sound to tyrannie, that sic kinde of office sould stand in the persone of ane man, qwhilk sould flow from the Presbyteries, and not the lesse the estate of tyme and laike of present ordour for establishing and constituting of Presbytries, suffers not the present alteratione of Visitors; It is considerit and thocht meit that my Lord Clerk of Register sould be requestit, with the Laird of Dun, Mrs Robert Pont, James Lawsone, David Lyndsay, John Craige, or John Duncansone, or any thrie or foure of them, to lay and devyse ane Platt of the Presbytries and Constitutiones thereof, as best appearit to their judgements, to be reportit be them against the nixt Generall Assembly; and as to the present, appoyntit the Visitors to have the oversicht of the provinces whill the next Assembly.

The Assemblie giues full pouer and commissione to the Laird of Lundie, Bredhaltoune, Andrew Kar of Fawdonsyde, Mrs John Craig, John Duncansone, ministers of the King’s house, Robert Pont, James Lawsone, David Lyndsay, John Craige, Patrick Adamsone, James Boyde, Thomas Smetoune, George Hay, Andrew Hay, Adam Johnstoune, David Fargysone, David M‘Gill, John Prestoune, elder, Commissioner of Edinburgh, or any sax of them, to compeir before the King’s Majestie and Counsell, the 15th of November next to come, and with all reverence crave answer to the articles gine in sen the last Generall Assembly unto his Hienes and honorable Councill, and to reasone and conferr thereupon; with power to thir haill nominat in this commissione, or the maist part of them, to resolve, decerne, and finallie conclude, in name and behalfe of the haill Kirk, with the King’s heines and Councill thereupon, as shall be maist necessar and expedient for the advancement of the glory of God, intertainment of the Evangell of Jesus Christ; sicklyke and alse freely as if they were personallie present, ffirme and stable haldand and for to hald, whatsomever their said breither or the maist part of them in the premisses leids to be done.

The Generall Assemblie ordaynes their breither the Lairds of Lundie, Seagie, Colluthie, and Mrs Robert Pont, James Lawsone, and Williame Christisone, to passe with Mr Andrew Melvill to the New Colledge and sie him plantit there, conforme to the directione and decreit of the Kirk; and sicklyke to call the papists that are within the universitie before them, and put order unto them, according to the acts of the Kirk.

Forswameikle as the Generall Assemblie, according to the King’s Majestie’s wreiting, and for the weill and universall profite of the Kirk of God within this realme, hes thocht meet and expedient and alse concludit and ordaynit, that Mr Andrew Melvill be transportit from the Universitie of Glasgow to the new Colledge of St Androis for erectione and planting thereof: Nottheless that the good beginning and labours taine be the said Mr Andrew be not frustrate, The haill Kirk hes found good, necessare and expedient that the said Thomas Smetowne occupy the said Mr Andrew his place and office in the said Universitie of Glasgow, and ordaynes him to accept the charge thereof upon him: and ane writting to be direct in name of the haill Kirk to the Rector and Principall of the Universitie, requesting them to receive him in the said Mr Andrew his place, for the weill and comfort of their Universitie: Mr Andrew Hay, as Rector of the said Universitie, in name thereof, dissenting from the removall of Mr Andrew, many wayes made protestation as of before.

Qwhither if ane minister entering in the functione of a ministrie, serving there in divers years by past, and thereafter leaves his vocatioun, and applys him to a civill office, may be admitted to be ane elder of the kirk? It is answerit, that this man is _desertor gregis_, and sould not be admittit to be ane elder, but rather aught to be callit for his desertione.

Ordaynes Mr Braid to delyver to my Lord Justice Clark, at the King’s Majestie’s command, gine in wreit, for raysing of letters against Mr Nicoll Browne.

[FORTY-THIRD GENERAL ASSEMBLY.]