The Booke of the Universall Kirk of Scotland Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained. (part 2 of 4)

Appendix

OF DOCUMENTS ILLUSTRATIVE OF THE PROCEEDINGS OF THE FIRST FIFTEEN GENERAL ASSEMBLIES.

The period of time referred to in this First Part of the Booke of the Kirk, extending from the year 1560 to the end of 1567, embraces the earliest era of its existence as a National Church, recognized in the first instance, and ultimately established by the law of the State; and it has been deemed expedient, in this special portion of the present publication, to annex the various acts of Privy Council and Parliament, applicable to that period, as an Appendix to the actings of the first fifteen General Assemblies of the Church, many of which bear reference to these enactments of the civil authorities. These civil and ecclesiastical proceedings throw mutual light on each other, and, conjoined, they afford the most satisfactory view of its progress from the time that it was first sanctioned, until it was finally settled and endowed as the Established Church of Scotland. During the period referred to, it can only be viewed as a tolerated Christian society, but partially countenanced by the State, and struggling to obtain a permanent place among the settled institutions of the land. Thenceforward it is to be regarded as one of the integral elements of the constitution, blended and united with the monarchy and the supreme authority of the State in the Legislature. And hence arises the propriety of thus conjoining the civil and ecclesiastical proceedings during this, the first epoch of its history as the Kirk of Scotland.

ACTS OF PARLIAMENT.

I.

1560, Aug. 17.--The Confessioun of Faith professed, ratifiet, and approveit in Parliament.[7]

II.

1560, Aug. 24.--Concerning the Jurisdictioun and Authoritie of the Bischope of Rome, called the Paip.

The thre Estaitis, then being present, vnderstanding that the jurisdictioune ande autoritie of the Bischope of Rome, callit the Paip, vsit within this realme in times bipast, hes bene verray hurtfull and preiudiciall to our Soueranis autoritie and commone weill of this realme: Thairfoir hes statute ande ordanit that the Bischope of Rome haif na jurisdictioun nor autoritie within this realme in tymes cuming. And that nane of oure saidis Soueranis subiects of this realme sute or desire in ony tyme heireftir title or rycht be the said Bischope of Rome, or his sait to ony thing within this realme, vnder the panis of Barratrye--that is to say, proscriptioune, banischement, and neuir to bruke honour, office nor dignitie within this realme. And the controvenaris heirof to be callit befoir the Justice or his Deputis, or before the Lordis of Sessioun, and pvnist thairfoir, conforme to the lawis of this realme. And the furnissaris of thame with fynance of money and purchessaris of thair title of rycht, or manteanaris or defendaris of thame, sall incur the same panis. Ande that na Bischop nor vther Prelat of this realme vse ony jurisdictioun in tymes to cum be the said Bischop of Romeis autoritie vnder the pane foirsaide.[8]

III.

1560, August 24.--Anent the Abolition of Idolatrie, and all Actis contrair to the Confession of Faith publist in this Parliament.

Forsameikile as thair hes bene diuers and sindrie actis of Parliament maide in King James the first, secunde, thirde, ferde, and fyftis tymes, Kingis of Scotlande for the tyme, ande als in our Souerane Ladeis tyme, not aggreing with Goddis holie worde. And be thame diuers personis tuke occasioune of mantenance of idolatrie and superstitioune in the kirk of Gode, ande repressing of sic personis as were professouris of the said worde, quhairthrow diuers innocentis dide suffir; for eschewing of sic in time cuming, the thre Estaites of Parliament hes annullit ande declarit all sik actis maide in tymes bipast, not aggreing with Goddis worde, ande now contrair to the Confessioune of oure Fayth, according to the saide worde publist in this Parliament, to be of nane avale, force, nor effecte. And decernis the saidis actis and euery ane of thame to haue na effecte nor strenth in tyme to cum, bot the samyn to be abolishit and extincte for euir, insafer as ony of the saidis actis ar repugnant ande contrarie to the Confessioune and word of Gode foirsaidis, ratifiit ande apprevit be the saidis Estaitis in this present Parliament.[9]

IV.

1560, Aug. 24.--Anent the Abolitioun of the Messe.

Forasmeikle as Almichtie God, be his maist trew and blessit Word, hes declarit the reuerence and honor quhilk suld be gevin to him, and be his Sone Jesus Christ, hes declarit the trew vse of the sacraments, willing the same to be vsit according to his will and Word; Be the whilk it is notoure and perfitelie knawin that the sacramentis of baptisme, and of the body and blude of Jesus Chryst, hes bene in all tymes bipast corruptit be the papistical kirk and be their ministeris. And presentlie, notwithstanding the reformatioun already maid according to Goddis Word, ʒit, nottheless, thair is sum of the same papis kirk that stubbornlie perseueris in thair wickit idolatrie, sayand mess and baptizand, conforme to the papis kirk, prophanand thairthrow the sacramentis foirsaid in quiet and secreit places; regardand thairthrow nather God nor his holie Word. Thairfoir, it is statute and ordanit in this present Parliament, that na maner of persone or personis, in ony tymes cuming, administrat ony of the sacramentis foirsaids secreitlie, or in any vther maner of way bot thai that ar admittit, and havand power to that effect; and that na maner of personis say mess, nor ʒit heir mess, nor be present thairat, vnder the pane of confiscatioun of all thair guds, movable and vnmovable, and pvneissing of thair bodeis at the discretioun of the magistrat, within quhais jurisdictioun sik personis happynis to be apprehendit ffor the first falt, Banissing the realme for the second, Justifying to the deed for the third falt. And ordainis all shreffis, stewartis, baillies, and thair deputis, provestis and baillies of burrowis, and vtheris jugeis quhatsumever, within this realme, to tak diligent sute and inquisitioun within thair bounds, quhair any sik vsurpit ministrie is vsit, mess saying, or thai that beis present at the doing thairof: Ratifyand and approvand the samyn, and tak and apprehend thame, to the effect that the panis abovewritten may be execut vpoun thame.

V.

1561, Dec. 22.--Act of Convention of Estates.

Sederunt apud Edinburgh, xxij. Decembris Anno lxj^{o.}

The samyn day, forsamekle as the Quenis Majestie, be the advyse of the Lords of hir Secreit Counsale, foirseand the eminent truble quhilk appeirandlie wes to ryis amangis the lieges of hir realme for materis of religioun, to evaid the samyn, and to stay all inconuenientis that may follow thairupon, intercomonit with ane part of the clergie and stait ecclesiasticall, with quhome than ressoning being had, it was thot gude and expedient be hir hienes that ane generall conventioun suld be appointit the xv. day of December instant, quhairto the rest of that estate myt have repairit, and be the avise of the hale ane ressonable overture maid, and ordoure takin for staying of the apperand truble, and quieting of the hale countrey: Quhilk conuentioun being be her Maiestie appointit, and sindrie dayis of counsale keepit, and the said ecclesiasticall estait oftymes requirit that the said ordoure myt be takin, and overture maid, for staying of truble and quieting of the cuntrie: Last of all, in presence of the Quenis Maiestie and Lords of Counsale foirsaid, and vtheris of the nobilitie of this realme, comperit John, Archbischop of Sanct Androis, Robert, Bischop of Dunkeld, Patrick, Bischop of Murray, and Henry, Bischop of Ross, and, for thame selffs respectiue, offerit to the Quenis Grace to be content of thrie partis of the rentis of thair benefices, and the ferd part thairof to be employit as hir Grace thocht expedient. And becaus the certantie thairof was not knawin, nor zit quhat sowmes of money wald sufficientlie sustene the ministrie and ministeris of Goddis word within this realme, nor zit how mekle was necessar to support the Quenis Maiestie abone hir awin rent for the commoun effaris of the cuntrie: thairfoir it is concludit, decernit, and determit be the Quenis Grace, and Lords of Counsale foirsaids, and vtheris of the nobilitie present, that gif the ferd part of the fruits of the hale benefices ecclesiasticall within this realme may be sufficient to sustene the ministeris throw the hale realme, and support the Quenis Maiestie to interteny and sett fordwart the commone effaris of the cuntrie; ffelzeing thairof, the third part of the saids fruits or mair, quhill it be fund sufficient to the effect foirsaid, to be takin up zeirlie in tyme cuming, quhill ane generale ordoure be takin thairin, samekle thairof to be employit to the Quenis Majestie, for entertenying and setting fordwart of the commone effaris of the cuntre: And samekle thairof to the ministeris, and sustentatioun of the ministerie, as may ressonablie sustene the samyn, at the sy^t and discretioun of the Quenis Maiestie and Counsale foirsaid, and the excrescence and superplus to be assignit to the auld possessouris. And to that effect, that the rents and zeirlie avale of the hale benefices within this realme may be clearlie knawin to the Quenis Maiestie and Counsale foirsaids, it is STATUTE and ORDANIT that the hale rentalis of all benefices within this realme be producit befoir hir grace and lords foirsaid, at the tymes vnderwritten; that is to say, of the benefices on this syde of the month,[10] the xxiiij day of Januar nixtocum, and bezound the month, the x day of Februar next thairafter. And ordainis letters to be direct to officiaris of the Quenis shreffis in that part, to pass, charge, and require, all and sindrie archbischoppis, bischoppis, abbottis, commendatoris, and prioris of this realme, on this syde of the month, personale, gif thai can be apprehendit, and failzeing thairof, at the saids archbischoppis, bischoppis, abbottis, commendataris, and prioris duelling places, cathedrale kirkis, or abbayis, and all denis, archidenis, subdenis, chantoris, subchantoris, prouestis, personis, vicaris, ... beneficit men, thair chalmerlanis and factoris, personalie or at their duelling places, or at thair parroche kirkis, quhair they suld remane, to exhibit and produce befoir the Quenis Maiestie, and lords foirsaids, the said xxiiij day of Januar nixtocum, the just and trew rentale of the avale and rentis of thair benefices, to the effect foirsaid; and to charge the prelattis and vtheris beneficit men on the zond syde of the month, in maner respectiue foirsaid, to produce the just and trew rentale of their benefices befoir the Quenis Grace and lords foirsaids, the said x day of Februar nixtocum, to the effect above rehersit; w^{t.} certificatioun to thame that failzies, the Quenis Grace and Counsale will proceid heirin as accordis: And sicklyke to charge the hale superintendentis, ministeris, eldaris, and deaconis of the principale townis and schiris of this realme, to gif in befoir the Quenis Grace and Lordis of Counsale foirsaids, the said xxiiij day of Januar nixtocum, ane formale and sufficient roll and memoriall quhat may be sufficient and ressonable to sustene the ministrie and hale ministeris of the realme, that her Maiestie and Lords of Counsale foresaids may tak order thairintill as accords: And forder, that the Quen’s Maiestie and Lordis of Counsale foirsaids ryplie and digestlie wey and considder quhat necessar support is requirit to be takin zierlie of the frutis of the saids benefices, by her Grace’s avn zeirlie rent to interteny and sett fordwart the commone effairis of the cuntrie agane the said xxiiij day of Januar nixtocum, that than it may be procedit in the said mater, all parties be satisfeit, and the hale cuntrie and lieges thereof set in quietnes.[11]

VI.

1567, April 19.--Act concerning the Religion.

The quhilk day the Quenis Maiestie having considerit the estait of hir Majestie’s realme that it stude at the tyme of hir arryvale furth of France, and yet presentlie standis at, foirseing alssua the common weill of hir cuntrie gretumlie to be incressit and establishit be the keiping of the commone peax and quietnes amangis all her gud subiectis. And like as hir Hienes sen hir foirsaid arryvall hes attemptit na thing contrar the estait of religioune, quhilk hir Maiestie fand publictlie and vniuersallie standing at hir arryvale foirsaid, quhairby hir Maiestie is maist worthy to be seruit, honourit, and obeyit; richtswa hir Hienes intendis to continew in the samyne gudnes and gouernment in all tyme cuming, quhairby all her gud subiectis, professouris of the religion foirsaide, sall haif occasioune to praise God for her gud, happye and gratius gouernement, and to crave of God from the boddum of thair harttis, that he wald of his infinite gudnes to prosper and blis her Maiestie, and hir posteritie, with lang lyf, gud and happye gouernment, to reull and regnne ouer thame. And to the effect alssua that all hir Hienes gud subiectis, professouris of the said religioune, may assure thame selfis to be in full suretie thairof, and of thair landis, lyves, benefices, offices, dignities, jurisdictionis, priuileges, gudis, fame, and honouris in time cuming, and with the better will, jeopard and hasard thair lyves and gudis in hir Hienes seruice aganis all inymeis to hir Maiestie and to the commone weill of this realme at all tymes neidful, as thair predecessouris hes maist frankly done heirtofore, and that withowt feir of ony pane, punishment, tynsell of landis, benefices and gudis, for professing, exerceing, and vsing of the said religioune in tymes bygane, and to cum, to be impute vnto thame or thair airis, nochtwithstanding ony lawis, actis and constitutionis, and canone, ciuile or municipale, or vther quhatsumeuir ordinance heirtofoir institute in the contrar. And for thair greter suretie foirsaid, OUR SAID SOUERANE, with the awyss of the haill thre Estait of Perliament, hes thocht neidful and convenient to dispenss, cass, abrogat and annull, like as hir Maiestie presentlie dispenssis, cassis, abrogattis and annullis all and quhatsumeuir lawis, actis and constitutionis, canone, ciuile or municipale, with all vther constitutionis and practick penale introducit contrar to the foirsaid religioune and professouris of the samyne; and ordains thame and thair posteritie in all tymes to cum, to be fre and exemit from all pane corporall, infame, reproche, depryving from benefices, dignitie or offices, or vther cryme or pane quhatsumeuir that may be incurrit or impute to thame be vertew of the saidis actis, lawis, ordinances, canone, ciuil or municipale, and practik, for contravening of the samyne, renunceand the samyne and strenth thairof in favouris of our saidis subiectis to the effect foirsaid. And siclike the Quenis Maiestie of her auctoritie royall granttit to hir be God, with the awyss of the thre Estatis foirsaidis, takis to hir self and hir posteritie, all hir gude subiectis, thair benefices, landis, offices, guidis, and honouris, to be vnder hir sure salfgard, mantenance, protectioune, and defence perpetuallie, aganis quhatsumeuir foirane auctoritie, pouer, jurisdictioune, and persute, be it ecclesiasticall or temporall. Exemand hir foirsaidis subiectis from all compeirance, summonding, or obedience pretendit or to be pretendit, heirafter agains thame for the caussis foirsaidis, be quhatsumeuir foirane persoune or vther pretendand jurisdictioune or auctoritie throw thame; willing hir subiectis to duell in perpetuall securitie and quietness within this realme, be making of thair maist humbill and faithfull obedience to hir Hienes and hir posteritie in all tymes coming heirafter allenerlie. Like as also hir Maiestie, God willing, heireafter in tyme convenient sall tak forther ordour, in all vther poinctis, concerning the estait of religioune, as may best serue for the glorie of God, commone weill of this realme, and continewing of commone peax and quietnes vniversallie amangis all hir subiectes: Commanding thame, and euerie ane of thame, in all tymes heirefter, to keep mutuale, perfyte and maist hartlie kyndnes, luiff, friendschip, and nychtboureheide, ilk ane to vtheris, vnder all hieast pane and charge, that heirefter may follow, for breaking of this present act of Parliament and her Maiestie’s lauchful commandment.[12]

VII.

ARTICLES PRESENTIT IN PARLIAMENT, treatit and proponit be certane Baronis, Commissaris of Burrowis, and Ministeres, at Edinburgh.--Decr. 1-6, 1567.[13]

In Parliamento, apud Edin. xv. die Decembris, A. D. M.D.LXVII.

Articlis to be presentit in Parliament.

BARONIS,

Johne Erskin of Dvn, ... Williame Lislie of ... Symone Prestoun of ... Williame Dowglass ...

Ministeris--Maist ... Johne ...

It is thocht expedient be this present assemble that thair be adjoinit vnto them, in treating of the thingis concernning the kirkis, thir personis vnderwrittin, to wit, Maister Johne Spottiswod, Maister Johne Craig, Johne Knox, Maister Johne Row, and Maister Dauid Lindesay, or any thre or fowre of thame. And als the Baronis present, thinkis thame owir small ane nowmer to gif judgement in this actioun, and thairfoir desyris to be adioynit to the ... sick as my Lord Regent and Lordis of Secreit Counsale sall think neidf ... And alsua for keping of ane certane ordoure in performing of the ... actioun, it is thocht gude be the Baronis and Commissionaris presentlie convenit ... thai convenit in the Provestis lugeing of Edinburgh, at xj houris befoir none, and to remane thar quhill foure houris efter none, and this ... done ilk day quhill the performyng thairof, and gif it sall happen ... thame to failze herein, he sall be put in the mendis of vs. to be distribu- {blank space}

... pure at the sight of the remanent. And this to be ... Prestoun of that Ilk to my Lord Regent and Secret ... be him thairof, the ... ... secundo Decembris 1567. ... erunt. ... ... lquhane ... that ilk ... of Quhittinghame Provest of Aberdeene Maister Johne Preston, } Ja. Barron, } for Ed^r. Patrick Murray for Perth. Richard Blyth for Dundee. Maister Johne Spottiswod. Johne Knox. Maister David Lindesay--Juratus, &c. ... hay, Clerk of the Secreit Counsale, and reportit ans^r in ... v^m to the provist of edinbur^t ʒisterday tueching the ... ble of certane ma baronis, with certane ministeris, ... as suld happin to be proponit, &c. with commissioun, and ... and commissioners already convenit to begin and proceed and c ... lowis: Apud edinbur^t secundo die mensis decembris ... fforsamekle as my Lord Regent, with avyss ... Counsale, wrait to certane baronis and Commiss^{rs} ... in edinbur^t the xxij day of Nouember lastbipast past ... the materis to be concludit in the parliament approacheand proacheand ... the quhilk commiss^{rs} and baronis divers ar ʒet absent, Quhairthrow large tyme is spent and nothing as ʒit done: Thairfoir, my Lord regent, with avyss of the lords of secreit Counsale, ordanis samony of the baronis and commissaris as ar already convenit to begin and proceed in the materis proponit before thame, Or to be Inwentit and fund out be thame selffis. And that in the place of Walter Lundy of that Ilk thai resaue and admitt amanges thame, Maister Williame Lundy his sone and appearand air, likewyise thomas Scott of abbottishall, And that they elect and nominat twa or thre ma quhilkis are present in this toun maist godlie and of gretaist experience in politique effares quhilkis sal be commandit to adioyne with thame and assist thame. And that Maister Johne Spottiswod, Johne Knox, Maister Johne Craig, Maister Johne Row, and Maister David Lindesay, ministeris, or any foure or thre of thame, be alsua present, and adioynit to the saids Baronis and Commissioners of burrowes in debatting, and treating, and ressoning of the materis to be proponit concerning the estat of the Kirk. Sic subscribitur de mandato domini Regentis et dominorum Secreti Concilii, &c., Alexander Hay.

FOLLOWIS certane articlis proponit [be the saidis ministers[14]] concerning the effares of the Kirk, with the said Assemblie’s declarationis thairupon.

First, That the parliament haldin ... [declarit] be act of this present parliament ... parliament, and that all thingis thairin concludit co- ... may be of new ratifiit and confirmit, Alsweil, the Confessio- ... fayth then red reasonit, and be publict voit of that parliament ... As the act pronouncit agains the vsurpit Jurisdictioun of the Paip- ... the Mess, and the abolischement of the former wickit actis; The tennor quhair of followes:--

Apprevit (on margin.)

PETITION.

The ... for abolishing the pape.

(The Acts 1560 recited.)

And becaus that lawis quhilk ar not cleir are often tymes occasioun of discord, We maist humilie desire that, for avoyding all debait, dout, and question that eyther may aryiss for the validitie and strenth of that parliament, as for the interpretatioun of the saids ... present parliament pronounce and declare first,

First Article.

That the ministeris of the blessit evangill of Jesus Chryst, quh ... God of his mercy hes now rasit vp amangis ws, or heirefter sall ... aggreing with thame that now leif in doctrine and administratioun of the sacramentis, and that part of the people of this realme that professis Jesus Chryst, as now he is offerit in his evangell, and do commvnicat with his holie sacramentis (as in our reformit kirkis thai are publictlie ministrat) may be declarit the only trew Kirk of Jesus Chryst within this realme; And that all and sindrie quha outher gaynsay the word of the evangell, as it is now preachit, and of ws ressauit and approvit as the heids of the Confessioun of our Fayth mair particularlie do express, or that ʒit refuses the participatioun of the halie sacramentis as now thai are ministrat, Be decernit na memberis of the kirk, within this realme, sa lang as thai keip thame selfis so dividit from the societie of Chrystis body.

2. Farther, we craiff, that na personis reclaimyng to the religioun, or that do not profess it with ws in all pointis, be permittit to enioy benefice or proffitt quhatsumevir vnder the title of ecclesiastical functioun, Notwithstanding title, possession or intrusioun quhatsumeuer thai haue had or may claime to haue, be the paip, that remane antichrist.

Apprevit (on margin.)

3. That to this oure kirk foirsaid be grantit, and be this present Parliament confirmit, sick fredome, priuiledge, jurisdictioun, and autoritie, as justly apertene to the trew kirk, and immaculat spous of Jesus Chryst. And that na vther face of a kirk nor vther face of religioun (than presentlie be Goddis fauor, we haue establissit within this realme) be permittit. And that na jurisdictioun ecclesiasticall be acknowlagit within this realme, vther than that quhilk as salbe within our kirk, or that flowis fra the same.

Apprevit.--[Bot desyris the jurisdictioun of the Kirk to be ... and certane of the previe counsale to be appointit be my Lord Regent to the limitatioun thairof.]

4. That the examinatioun and admissioun of ministeris within his realme be onlie in power of oure Kirk; the presentatioun resseruit to the just and aunceant patronis. The patrone presentand a qualifiit persone within thre monethis, or vtherwyiss the Kirk to haue power to dispone, alwayis to a qualifiit persone.

Apprevit.

5. That all benefices having charge of saulis given be the Quene or ony vtheris, sen the foirsaid Parliament, otherwyiss then be the ordoure of the Buke of Discipline is appointit, may be decernit to vaik. And that the patronis may haue priuilege to present de novo, personis qualifiit and hable, sua that the Kirk may be deliuerit frome vnproffitable pastors.

Apprevit.

APUD Edinbur^t, tertio Decembris 1567.

Sederunt.

Barones.

Johne Erskine of Dvn. Williame Lesslie of Balquhane. Craigmyllar. Quhittinghame, { Abbotishall, { George Stratoun of Lawrestoun. Jurati{ Robert Fairlie of Braid. { Robert Campbell of Kingʒeaclewch. Provist of Aberdene. Patrick Murray, for Perth. Mr Johne Prestoun, } for Ed^r. James Barroun, } Richard Blyth, for Dunde. Thomas Monypenny, for Perth. Dauid Mar, for Aberdene.

Maister Johne Spottiswod. Johne Knox. Ministers--Maister Johne Craig. Maister Dauid Lindsay.

FOLLOWIS vther Articlis concerning the Kirk.

6. That ordoure may be takin for all abbacyis, alsweill for the present as for tymes to cum, As als for benefices and kirkis annexat, and dissolutioun to be maid thairof, and ane act to be maid thereupon.

Findis, Separatioun to be maid To witt the teinds to pertene to the Kirk, and the temporale landis to be disponit be avyiss of the thre estaitis in Parliament.

7. That ordoure may be takin for sik as profess ... and haif the patrimony of the Kirk in thair hands, and ... thair dewtie to thair flok.

It is thocht expedient that sick as ar fund qualifiet be the jugement of the Kirk, sall exerce their avne office in thair awin kirk, and vtheris not qualifiit, sall pay the third of thair benefice for sustentatioun of the ministrie during thair tymes.

8. That ordoure may be takin w^t sick as haif pluralitie of benefices.

Ane persone beneficit, being qualifiit, shall preche him self at ane of his kirks, and sall sustene the ministeris of the remanent, at the sy^t of the generale kirk, And the unqualifiit, to pay his third of the hale, Admittand na pluralitie in tyme cuming.

9. That prouisioun may be maid for instructioun of the zouth, for sustentatioun of the pure, and for sum releif to the lauboraris of the ground, especiallie for the relief in leiding of thair teinds.

Answer to the first part of this article, That the lands of prebendaris of college kirkis in landwart be erectit for sustentatioun of bursaris, And referris the vther tua heids to the estaitis in Parliament.

10. That [ordoure may be takin that] nane enter in the functioun of ministrie, nether be retenit within the samyn, bot sik as salbe fund qualifiit, and of honest conversatioun.

Leif this. Referris this to the Generale Assemble of the Kirk.

11. That Superintendentis be appointit quhair need requiris, and that ordoure be prouidit how thai salbe obeyit in thair office, and how thai salbe hable to serue in the same.

Referris the nowmer of the Superintendentis to the roll maid thairupoun, And the office and jurisdictioun of the Superintendent to be authorizat be the estatis in parliament.

12. That ordoure may be takin, how that the pure ministeris, quha lang hes bene defraudit of thair just stipendis, may not onlie be prouidit heirefter for a sufficient leving, Bot also that thai may vnderstand how thai may lift vp the same be ourdour of law, and quhat redres thai sall haif for the bipast, and how thai salbe prouidit in the present. And, becaus all thir heids require deliberatioun, we offer owre selfis to communicat w^t. your L. as God sall communicat w^t. ws.

It is thocht neidfull that, quhill the Kirk be put in full possessioun of the hale patrimony, the hale thriddis be assignit to the ministrie, and thai to vptak the samyn be thame selfis and thair collectors, and all v ... to be dischargeit thairfra ... and Counsale ... find sum meane ... dettis ellis.

13. That the act of Parliament concerning the mansses and gleibis may be maid so sensible, that the iniust possessouris find na cauilatiounis to defraude the pure ministeris of thair ry^t. and of the peaceable possessioun of that quhilk justlie appertainis thairto.

It is fund that the best manss sall pertene to the minister with the hale gleib, Providing the said gleib exceed not vj aikiris of land; And, gif the samyn be mair, the minister sall be content onlie with vi aikiris thairof nixt adiacent to the manss; And, gif the samyn be within vi aikiris, he sall lykewise content him thairwith.

14. That the act for pvnishment of adulterie may be maid sa cleir, that the offendaris delude not the law be the ambiguitie thairof.

Desyris this act to be clerit be the thre Estaits in Parliament.

14. That na man beir publict office of jugement within this realme bot sik as professis the puritie of religioun with ws; that nane be permittit to procure to be admittit in notar, or creat in member of court, without he likewyis profes the Evangell w^t. ws.

Aggreit w^t.

15. It is thocht gude ffor stancheing of cumer and trouble within burrowis in tyme cumin, that nane of the inhabitantis thairof frathyne furth, mak convocatioun within the samyn, or put thameselfis in armes, without express command ayther of the autoritie, provest or baillies thairof, under sik panis as the thre Estaits in Parliament sall think gude.

Apprevit. And referris the pane to be modifiit be the Estaits in Parliament.

16. Item, That all scoles, alsweill to bur^t. as land, and colleges be reformit, and that nane be permittit nor admittit to haue charge thairof, or to instruct the ʒouth priualie or publicklie, bot sic as ar, or salbe tryit be the Superintendint and visitators of the Kirk, and admittit be thame to thair charges.

Apprevit.

17. Item, That the ordinances maid for keping of the Saboth day, the pvnishment of fornicatioun, adulterie, incest, swering and banyng, be ratifiit in this present parliament, and jugis appointit for executioun thairof, quhair nane is.

Apprevit.

18. Item, That the act of parliament, maid in King James the ... tyme, towart the ordouring of the pure within thair avne parochin be de novo ratifiit, and thaireeftir be decernit to be put in executioun.

Apprevit.

19. Item, It is fund expedient that the act maid, tueching the reparatioun of kirkis be ratifiit and ordainit to be put to executioun ... is.

VIII.

ACTA. Decr. 20, 1567.

5. Anent the Messe abolischit and punisching of all that heiris or sayis the samin.

Item, Our Souerane Lord, with auise of his derrest Regent and thre Estatis of this present Parliament, ratifyis and appreuis the act vnderwrittin, maid in the Parliament haldin at Edinburgh, the xxiiij day of August, the ʒier of God ane thousand fyue hundreth thre scoir ʒieris. And of new, in this present Parliament, statutis and ordainis the said Act to be as ane perpetuall Law to all our Souerane Lordis lieges in all tymes to cum. Of the quhilk the tennour followis. [As already inserted at p. 76.]

6. Anent the trew and haly Kirk, and of thame that are declarit not to be of the samin.

Item, Forsamekle as the Ministeris of the blissit Euangell of Jesus Christ, quhome God of his mercie hes now rasit vp amangis vs, or heirefter sall rais aggreing with thame that now liues, in doctrine and administratioun of the Sacramentis, and the pepill of this realme that professis Christ as he now is offerit in his Euangell, and do communicat with the holy sacramentis, (as in the reformit Kirkis of this Realme ar publicklie administrat,) according to the Confessioun of the faith, Our Souerane Lord, with auise of my Lord Regent and thre Estatis of this present parliament, hes declarit and declaris the foirsaid Kirk to be the onlie trew and holy Kirk of Jesus Christ within this realme, and decernis and declaris that all and sindrie quha outher gainsayis the word of the Euangell ressauit and appreuit as the heides of the Confessioun professit in parliament of befoir, in the ʒeir of God 1560 ʒeirs, as alswa specifiet in the actis of this parliament mair particularlie dois expres, and now ratifyit and appreuit in this present parliament, or that refusis the participatioun of the holy sacramentis as thay ar now ministrat, to be na memberis of the said Kirk within this realme now presently professit, swa lang as thay keip thame selfis sa deuydit fra the societie of Christis body.

7. Anent the Admissioun of thame that salbe presentit to Benefices hauand cure of Ministrie.

Item, It is statute and ordained, by our Soveraine Lord, with advise of his dearest Regent, and three Estaitis of this present Parliament, that the examination and admission of Ministers, within this Realme, be only in the power of the Kirk, now openlie and publickly professed within the samin. The presentation of laick Patronages alwaies reserved to the Just and auncient Patrones. And that the Patroun present ane qualified persoun, within sex Monethes (after it may cum to his knawledge, of the decease of him quha bruiked the Benefice of before) to the Superintendent of thay partis, quhar the Benefice lyes, or uthers havand commission of the Kirk to that effect; utherwaies the Kirk to have power to dispone the samin to ane qualifyed person for that time.

Providing that in caice the Patron present ane person qualified to his understanding, and failzeing of ane, ane uther within the said six Moneths, and the said Superintendent or Commissioner of the Kirk, refusis to receive and admit the person presented be the Patron, as said is: It sall be lesum to the Patron to appeale to the Superintendent, and Ministers of that province quhair the Benefice lyis, and desire the person presented to be admitted, quhilk gif they refuse, to appeale to the General Assemblie of the haill realme, be quhome the cause beand decyded, sall take end, as they decerne and declair.

8. Anent the Kingis Aith to be giuen at his Coronatioun.

Item, Because that the incres of vertew, and suppressing of idolatrie, crauis that the Prince and the peple be of ane perfyte religioun, quhilk of Goddis mercie is now presentlie professit within this realme; Thairfoir it is statute and ordainit, be our Souerane Lord, my Lord Regent, and thre Estatis of this present Parliament, that all Kingis, and Princes, or Magistratis quhatsumeuir, halding thair place, quhilkis heirefter in ony tyme sall happen to regne, and beir reule ouer this realme, at the tyme of thair coronatioun, and ressait of thair princely authoritie, mak thair faithfull promise, be aith, in presence of the Eternall God, That induring the haill cours of their lyfe, thay sall serue the samin Eternall God, to the vttermaist of thair power, according as he hes requyrit in his maist haly word, reuelit, and contenit in the New and Auld Testamentis; and according to the samin word sall mantene the trew religioun of Jesus Christ, the preicheing of his haly word, and dew and richt ministratioun of the sacramentis now ressaifit and preichit within this realme. And sall abolische and gainstand all fals religioun contrare to the samin: And sall reule the pepil committit to thair charge, according to the will and command of God, reuelit in his foirsaid word, and according to the louabill lawis and constitutionis ressaifit in this realme, nawyse repugnant to the said word of the Eternall God. And sall procure to the vttermaist of thair power, to the Kirk of God, and haill Cristiane pepil, trew and perfyte peice in all tyme cuming. The rychtis and rentis, with all the iust priuilegeis, of the Crowne of Scotland to preserue and keip inuiolatit, nouther sall thay transfer nor alienat the samin. Thay sall forbid and repres in all estatis and degreis, reif oppressioun, and all kynde of wrang. In all jugementis, they sall command and procure that justice and equitie be keipit in all creatures, without exceptioun, as the Lord and Father of all mercyis be mercifull to thame. And out of their landis and empyre they salbe cairfull to ruite out all heretykis and enemeis to the trew worschip of God, that salbe conuict be the trew Kirk of God of the foirsaidis crymis. And that they sall faithfullie affirme the thingis aboue writtin be their solempnit aith.[15]

10. Anent thriddis of benefices grantit in the moneth of December, the ʒeir of God 1561 ʒeiris, for sustening of the Ministeris and vther effaires of the Prince.

Item, Because the ministeris hese bene lang defraudit of thair stipendis, swa that thay ar becumin in greit pouertie and necessitie And notwithstanding hes continewit in thair vocatioun without payment of their stipendis, be ane greit space, Quhairthrow thay ar and salbe constranit to leif thair vocatioun, without remeid be prouydit; Thairfoir our Souerane Lord with auise of my Lord Regent and thre Estatis of this present Parliament, hes statute and ordanit, that the hail thriddis of the hail benefices of this realme, sall now instantlie and in all tymes to cum, first be payit to the ministeris of the euangell of Jesus Christ and thair successouris, and ordainis the Lordis of the Sessioun, to grant and gif letteris, charging all and sindrie intrometteris, or that beis addettit in payment of the samin, to answer and obey to the saidis ministeris and their collectouris to be nominat be the saids ministeris, with auise of my Lord Regent, in forme as effeiris, notwithstanding ony discharge geuen be our Souerane Lordis mother, to quhatsumeuer person or personis, of the saidis thriddis, or ony pairt thairof, ay and quhill the Kirk cum to the full possessioun of thair propir patrimonie, quhilk is the teindis; Prouyding alwayis that the collectouris of the saidis ministeris, mak ʒeirlie compt in the Chakker, of thair intromissioun, swa that the ministeris may be first answerit of thair stipendis appertening to euerie ane of thame. And the rest and superplus to be applyit to our Souerane Lordis vse.

11. Anent thame that salbe teacheris of the ʒouth in sculis.

[By this act it is “Statute and ordanit that all sculis to burgh and land, and all vniversities and collegis be reformit; and that nane be permittit nor admittit to haue charge and cure thairof in tyme cuming, nor to instruct the ʒouth priuatlie or oppinlie, bot sic as salbe tryit be the Superintendentis or visitouris of the Kirk.”]

12. Anent the iurisdictioun of the Kirk.

Item, Anent the Artickle proponit and geuin in be the Kirk to my Lord Regent and the thre Estatis of this present Parliament, anent the iurisdictioun iustlie apperteining to the trew Kirk and immaculat spous of Jesus Christ, to be declarit and expressit as the artickle at mair lenth is consauit: The Kingis Grace, with auise of my Lord Regent and thre Estatis of this present Parliament, hes declarit and grantit iurisdictioun to the said Kirk: quhilk consistis and standis, in preiching of the trew word of Jesus Christ, correctioun of maneris, and administratioun of haly sacramentis. And declaris, that thair is na vther face of Kirk nor vther face of Religioun, than is presentlie be the fauor of God establischeit within this Realme, And that thair be na vther jurisdictioun ecclesiasticall acknawlegit within this Realme, vther than that quhilk is and salbe within the same Kirk, or that quhilk flowis thairfra concerning the premisses; and forther, our Souerane Lord, with auise of my Lord Regent and thre Estatis foirsaidis, lies geuein and geuis power and commissioun to Schir James Balfour of Pittindreich, Knycht; Priour of Pittinweeme; Mark, Commendatour of Newbottill, Johne Priour of Coldinghame; Lord Preuie Seal Maister James Mackgill of Rankillour Nether, Clerk of Register; William Maitland, ʒounger of Lethingtoun, secretar to our Souerane Lord; Schir Johne Bellenden of Auchinoull, Knycht, Justice Clerk; Johne Erskine of Dune; Maister Johne Spottiswod, Superintendent of Lowthiane; Johne Knox; Maister Johne Craig; and Maister Dauid Lindesay, Ministeris of the worde of God, To seirche furth mair speciallie, and to considder, quhat vther speciall pointis or clausis sould appertene to the iurisdictioun, priuilege, and authoritie of the said Kirk, and to declair thair myndis thairanentis to my Lord Regent and thre Estatis of this Realme at the nixt Parliament, Swa that thay may tak ordour thairintill, and authories the samin be act of Parliament, as salbe fund aggreabill to the word of God.

31. Anent priuilegeis grantit to Kirkmen.

Item, Our Souerane Lord, with auise and consent of my Lord Regent and thre Estatis of this present Parliament, hes ratifyit and ratifyis all ciuile priuilegis grantit and geuin be our Souerane Lordis predecessouris, to the spiritual estate of this Realme, in all pointis efter the forme and tennour thairof.

ASSIGNATIOUN FOR THE MINISTRIE AND ACTS OF PRIVY COUNCIL THAIREANENT.

IX.

Provisioun for Sustentatioun of the Ministeris in Burrowis.

Apud Striviling decimo die mensis Januarii anno 1^m. v^c. lxvj.

Sederunt domini ut in die predict.

The quhilk day the Quenis Majestie and Lordis of Secreit Counsall, being weill myndit that the Ministerie within this haill realme be interteneit alsweill to burgh and land as hir Majestie fand the samyn at hir arryvall in Scotland, and becaus the haill Lordis of Secreit Counsall may nocht weill vaik at all tymes for the ordouring thairof, being occupiit with utheris wechtie materis; Thairfoir her hienes, with avyise of her Counsall foirsaid, hes constitute and namyt her lovittis underwrittin, my Lordis Huntly, Chancellar, Ergyle, Murray, Bothwell, Atholl, Cassillis, Craufurde, and Mar, my Lordis Bischopis of Galloway, Roise, and Orknay, my Lord Secretare, Maister Johnne Spens of Condy, advocat, Sir Johnne Bellenden, Justice Clerk, Sir James Balfour, Clerk of Register, and David Fores, generall of the Cunziehous, to quhome, be thir presentis, the Quenis grace and hir Counsale foirsaid, gevis thair full power and commissioun, or to ony fyve or sex of thame, to call before thame the haill burghis of this realme, generallie or particularlie, as thai, or ony fyve or sex of thame, sall think expedient. And to consider the habiliteis of the saidis burghis particularlie, and according thairto to appoint and imputt particular taxatioun or impositioun upoun everie burgh yeirlie, to be gadderit and upliftit for sustentatioun of the said ministerie, be thameselffis, thair collectouris or chalmerlanis, as the saidis Commissionaris, or ony fyve or sex of thame, sall think expedient, as thai will ansuer to God and the Quenis Majestie thairupoun. And quhatsumevir the saidis Commissionaris, or ony fyve or sex of thame, sall do in thir premises, the samyn to haif the lyke force and effect as gif the samyn wer done in plane counsall: And letteris to be direct thairupoun as effeires, as the said ministerie and thair collectouris will requeir. And alswa for relief of the saidis burghis, the Quenis grace, with advyise of her Counsall foirsaid, be thir presentis, gevis and grantis to the saidis burghis, and everie ane of thame, the annuellis of alteragis chapellanereis and obittis within the samyn, quhairevir the samyn salhappin to vaik, be the deceise of the possessouris thairof, or utherweyis hes happynnit to vaik, sen the Quenis grace arryvall in Scotland, quhilkis as yit remanis ungevin or distributit to ony persoun; and that to relief the taxatioun and contributioun foirsaid. And the superplus of the saidis annuellis and obittis, gif ony beis, to be distributit to the pouer and hospitallis of everie burgh within thameselffis, be avyise of the minister and eldaris thairof, as thai will ansuer to the maist heast thairupoun. And letteris to be directit be the Lordis of Secreit Counsall and Sessioun, as thai salbe requirit, for publicatioun of thir premissis.

X.

Small Benefices for Ministers.

Apud Edinburgh tertio die mensis Octobris

Anno Domini Millesimo Quingentesimo lxvj^o

The quhilk day Forsamekill as the King and Quenis Majesteis hes understand and considderit that the Ministeris stipendis quhilkis necessarlie mon be payit furth of the thridis of the benefices extendis to sic a sowme that the saidis thridis is nocht abill bayth to sustene the chargeis of thair Majesteis hous attour the rent of thair propirtie, as alswa to sustene the saidis ministeris. And eftir gude deliberatioun takin how thai may be sustenit with leist chargeis and expensis Thair Hienessis hes fund it maist convenient and als with avyise of the Lordis of thair Secreit Counsall Statutis and Ordanis, that in tyme cuming all small benefices personages vicarages and utheris extending in yeirlie rentall to the soume of thre hundreth markis or within as thai salhappin to vaik Sall alwayis be disponit to sic personages as the Superintendentis and Assemblie of the kirk eftir dew examinatioun sall find abill qualifiit and sufficient And thaireftir nominat and present to their Majesteis quhilkis being sa nominat and presentit Thair Hienessis sall admit thame and be thair authoritie caus thame be ansuerit of the frutis and dewiteis of the saidis benefices: Attour quhensoevir ony bischoprik abbacie pryorie or uther prelacie that hes the patronage of sic small benefices salhappen to vaik and fall to thair Majesties dispositioun and presentatioun as likewyise of all thame that ar presentlie vacand Thair Hienessis promittis in verbo Principum That thai sall alwayis retene in thair awin handis the power and titill of the dispositioun of the saidis small benefices to the effect abonewrittin And sall caus the personis to quhome thair Majesteis disponis the saidis prelaciis and greit benefices Consent thairto befoir thair Majesteis mak ony rycht of the principall to thame And in caise it sall happin thair Majesteis ignorantlie or utherwayis to gif or dispone ony of the saidis small benefices be gift presentatioun or utherwayis contrair this present act and ordnance and ony wayis prejudiciall to the samyn Thair Majesteis expressitlie commandis thair Comptrollar present and tocum his clerk and collectouris the keparis of the signet previe seill and greit seill and all utheris thair Hienessis officiaris liegis and subdittis That they on na wayis admit allow obtempir or obey ony sic gift or presentatioun or to pas the samyn throw the seillis Or grant letteris in the four formes thairupoun bot to hald repute and esteme thame as previe writtingis purchest in defraud and prejudice of this present lovabill act and publict ordinance Notwithstanding ony charge or command gevin or to be gevin in the contrair quhairunto thir presentis sall serve thame for a sufficient warrand And sicklike thair Majesteis ordanis and requiris the Lordis of Counsall and Sessioun on na wayis to admit allow or attend to ony gift provisioun or presentatioun of quhatsumevir small benefice of the valu abonewrittin disponit be thair Majesties Or utherwayis quhair the samyn is repugnant or contrarious to this present act and ordinance And nocht disponit to qualifit personis apt for the ministerie examinat and admittit be the Superintendentis and kirk in maner foirsaid And that letteris be direct for publicatioun heirof in due forme as efferis.

XI.

ASSIGNATION FOR THE MINISTERIE BY THE QUEN.

20 Dec^r. 1566.

REGINA,

Forsamekill as the Ministeris within our realme this haill ʒeir bigane hes wantit thair stipendis in respect of sindry occasionis that hes interuenit; ʒit becaus we ar myndit and weill willit that the said Ministerie be sustenit and interteneit in tyme cuming as efferis; Thairfoir with avyise of oure secreit counsale hes tane sic ordour as we mycht best for the present, And hes assignit for sustentatioun of the said Ministerie certane victuales and money in sindry places and cuntreis to be tane up and disponit be the said ministerie and thair collectouris or chamberlanis as thai sall think maist expedient Extending to the soume of ten thousand pundis money and four hundreth chalderis victuale As the particular assignationis maid thairupoun mair fullelie proportis We thairfoir be avyise of our counsall foirsadis Ordanis and Decernis that the said ministerie and thair collectouris and chalmerlanis quhatsumevir be thankfullie ansureit and obeyit of the haill payment alsweill of money as victuale foirsaid throuchout oure haill realme quhairsoevir the samyn or ony part thairof is assinit And lettris thairupoun to be decernit and gevin furth owther of horning or poinding respective As the said ministerie sall think expedient and requeir Commanding expresslie oure Clerk of Register and Comptroller and all utheris quhome it efferis or salbe requirit thairto To deliver the attentik copyis and extract of the said assignatioun to the ministerie with expres inhibitioun to our Comptrollar or ony uther Chamberlanies to intromet or mell ony maner of way with the saidis assignationis or ony part thairof under all heich panis that may follow thairupoun Subscrivit with our hand At Strivling the xx day of December the ʒeir of God I^m V^c lxvj ʒeris And our regnne the xxiiij ʒeir.

MARIE.

XII.

ACT OF PRIVY COUNSALE ANENT ASSIGNATIONS.

Apud Striviling xxj Decembris Anno Domini Millesimo Quingentesimo lxvj.

The Lordis of Secreit Counsale hes sene and considderit the Quenis Majesties writting within writtin And findis the samyn ressonabill and convenient And thairfoir according to our Soveranis will and mynd within declarit Ordanis and requiris the Comptrollar and Clerk of Register To deliver the attentik copyis and extract of the assignationis within specifiit to the Ministeris And sicklike Ordanis and requiris the Lordis of Counsale and Sessioun to grant letteris in the four formes with inhibitioun as is within desyrit And the Comptrollar present and tocum to consent thairto upoun the saidis assignationis in generall or particular as salbe desyrit in dew forme as efferis.

XIII.

ACT in favour of the Ministerie of Glasgw.

Apud Edinburgh vij Maij Anno Domini 1m. vc. lxvij.

SEDERUNT.

Georgius Comes de Huntlie Adam episcopus Orchadensis Alexander episcopus Candidecase Clericus Justiciarie Clericus Registri.

Anent our Soverane Ladiis lettris rasit at the instance of the superintendentis ministeris eldaris and deaconis of the kirk of God with in this realme makand mentioun That quhair oure Soverane Ladie being zealous to have the ministerie sustenit alsweill within burrowis as to landwart throw hir haill realme hes assignit be the self and separat a certane partis of the thridis of benefices to that effect And als for the relief of the taxatioun and contributioun to be gadderit and upliftit within everie burgh hes grantit and disponit to the same effect and purpois all annuellis rentis of alteragis chapellaneriis obittis and sic utheris within burrowis As ane act maid be hir Majestie with avyise of hir secreit counsale thairupoun at mair lenth beris Quhairby it is ordanit that the Provest baillies and counsale of ilk burgh sall compeir befoir certane Lordis of hir hienes secreit counsale To heir and se ane taxatioun and contributioun modifiit set and imput be thame Or ony sex or fyve nominat thairin after the quantitie of the burgh for sustentatioun of the ministerie within the samyn And anent the charge given to the provist baillies and counsale of the citie of Glasgow To compeir be thameselffis or twa of thair nowmer auctorizat with thair commissioun befoir the Lordis nominat in the said act or ony fyve or sex of thame At Edinburgh or quhair it salhappen thame to be for the tyme upoun the sext day nixt efter the charge To heir and se ane taxatioun or contributioun modifiit appointed and set to be yearlie payit for sustentatioun of the ministerie within the said burgh Efter the forme and tennour of the said act With certificatioun to thame and thai failzeit the saidis Lordis wald proceid to the making modificatioune and imputting of the said taxt and contributioun upoun the said burgh efter the quantitie thairof As at mair lenth is contenit in the saidis letteris executioun and indorsatioun thairof The saidis Provest baillies and counsale of the citie of Glasgow foirsaid Comperand be James Flemyng and James Boyd quhais ressonis and allegationis being hard and understand to the saidis Lordis and thai ryplie avysit thairwith the Lordis of Secreit Counsale Decernis and Ordanis the provest and baillies of the said Citie To content and pay to thair minister resident within the samyn the soume of four scoir pundis money of this realme of thair awin propir gudis yeirlie in tyme tocum At twa termis in the yeir Witsonday and Martimes in winter be equall portions Begynnand the first termis payment at the feist of Witsonday nixttocum in this instant yeir of God l^m v^c thre scoir sevin yeris Or at the farthest within xx dayis efter ilk terme under the pane of rebellioun and putting of thame to the horne And gif thai failzie thairin to put thame to the horne Or to poind and distrenze thair reddiest gudis and geir thairfore And for relief of the saidis provest and baillies That thai imput ane taxatioun indifferentlie upoun al the inhabitantis of the said citie eftir thair habilitie And poind and appryise thair reddiest gudis and gear in caise of non payment And that letteris be direct hereupoun gif neid be in forme as efferis And that the rest of the said ministeris stipend redaris and utheris effairis of the kirk be payit of the reddiest of the annuellis of the said burgh disponit be hir Majestie to that use.

[SIXTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk convenit in Edinburgh, in the Nether Tolbuith thereof, the first day of July 1568: In the whilk was present the Nobilitie, Superintendants, Ministers, and Commissioners of Towns and Kirks. Thanks was gine to God, and supplicatioune maid for his assistance of his Haly Spirit be Mr John Willock, &c.

The same day for eschewing of confusione in reasoning, and that every brother speak moderately in his owne rowme, and that with reverence and licence, the haill brethren assembleit choose Mr John Willock, Superintendant of the West, to be Moderator for this present Assemblie, who, being chosen, acceptit the office under protestatione that obedience be gine.

Sess. 2^a. Julij 6, 1568.

Anent the ordour hereafter to be usit in Generall Assemblies, to the desyre of ane letter presentit be ane brother, for receaveing of the ordour heirtofoir, they all votted and concluded as follows, viz. That giue the ordour already receavit pleases not, men be reason of pluralitie of voytes.

It was thought meit to reforme in this manner: First, That nane have place to voite except Superintendants, Commissioners appointit for visiting of kirks, Ministers brocht with them, presentit as persons able to reasone, and having knowledge to judge with the foirnamit, salbe joynt Commissioners of burghs and shyres, together with Commissioners of Universities.

Secondlie, Ministers and Commissioners of shyres shall be chosen at the Synodall Convention of the dioces, be consent of the rest of the ministers and gentlemen that shall conveine at the said Synodall Conventioune. Commissioners of burghs sall be appointit be the ({blank space}) Councill and Kirk of their owne townes.

Thirdlie, Nane to be admittit without sufficient commissione in wreit, and on a venture: if this should come ane monopole and perpetuall electione of a few certaine ministers and commissioners, it is concluded that they be changit fra Assembly to Assembly.

Anent the questioune of murther upon suddentie, and for satisfaction to be made to the kirk theirfore: First, it was answerit that the cryme being confessit, or convict lawfully, the offender shall be admonischit be the Superintendant, or be the nixt reformit Kirk where the slaughter was committit, to abstaine from all participatioune of the Sacraments, untill that he shall satisfie the Kirk as sall be appoyntit, and that their admonition sall be published where the cryme was committit, and where the recent bruite thereof was spread; to the end that men may understand that the Kirk winks not at the shedding of innocent blood. Secondlie, if the cryme be denyit, and that the bruit thereof be constant, and as it were publick, yet shall the suspect be commandit to abstaine from the use of the sacraments, untill sic tyme as farder tryall may be had, or else that he be solemnlie purgit of the bruit, as for the sudden murther; and that quhilk is committit purposlie we remitt the answer thereof to ane former act.

Anent the forme of receaving of the homicid or adulterer to the societie of the Kirk.

Nane that hes committit slaughter, adulterie, or incest, or hereafter shall committ the same, shall be receavit to repentance be any particular kirk, till that first they present themselffs before the Generall Assemblie, thair to receave their injunctions; and thereafter they shall keep the same order that was prescryved to Paull Methven in his repentance; this being addeit, that he or they shall beir in their hand at all the tymes of their publick repentance the same or lyke weapon wherewith the murther was committit.

Sessio 3^{tia}. Julii 7, 1568.

It was declared and fund, that Thomas Bassendie, printer in Edinburgh, printed ane book, intituled the Fall of the Roman Kirk, nameing our King and Soveraigne supreame Head of the primitive Kirk. Also, that he had printit ane Psalme Book, in the end whereof was fund printed ane baudy song callit Wellcome Fortune; whilk books he had printed without licence of the magistrat or revising of the Kirk: Therefore, the haill Assembly ordained the said Thomas, to call in againe all the forsaids books that he has sauld, and keep the rest unsauld untill he alter the forsaid title, and also that he delait the said baudy song out of the end of the Psalme Book; and, farther, that he abstaine in all tyme comeing from further printing any thing without licence of the supreame magistrate, and reviseing of sic things as pertaine to religione be some of the Kirk appointit for that purpose. Attour, the Assembly appointit Mr Alexander Arbuthnot to revise the rest of the forsaid tractat, and report to the Kirk what doctrine he finds therein.

Sess. 4^a. July 8, 1568.

Anent the excommunication of Papists, and separation of them from the societie of Christ’s bodie, after dew admonitione, refuising to joyne themselffes to the Kirk: It is concludeit, that, after they have receavit sufficient admonitions, according to the order established in particular kirks, and, they yet remaining obstinate, they shall be declareit publickly in all congregations necessar, to be out of the societie of Christ’s bodie, to be excommunicat.

ARTICLES presentit to my Lord Regent.

First, That his Grace knaw the heavie and grievous complaints of ministers against them, to subscryve the assignatiounes through the quhilk they are altogidder disappointed of their stipends, for the assignationes standing, the thirds are not able, as they are ordered, to pay the ministers’ half-year stipends; in some parts, not the quarter thereof.

It is thought ane thing very unreasonable that the Papists, enemies of God’s Kirk and the commonewealth, and utheris that labours not in the ministrie, shall possess freely, without impositione, the third of the benefice, and the Kirk, whilk labours, shall not possess the third.

Herefore, the Kirk desyres that my Lord Regent’s Grace will take sic order that the commone charges might be sustained upon the two parts of the benefice possessed be the Papists, and that the third may remaine frie to be disponit to the Kirk; not that the ministers desyres more nor thair reasonable stipends, but that the superplus might support schools and the poor, according to the will of God; and that the collectors of the Kirk shall yearly make compt thereof, so that my Lord Regent’s Grace and the Councill shall know the dispositioune of the samen.

Item, To schaw to my Lord Regent’s Grace, that there is sundrie benefices vaikand, and specially the benefices of the commones pertaining to Cathedrall and Metropolitane Kirks, that his Grace would put them to qualified men, be the advyce of the Kirk, at this tyme, the Kirk being assembled; utherwayes the Kirk must dispone them as falling to them be reasone of sax moneths past, and nane presentit; and also the kirks of the Nonreys presently vaikand, to put qualified persones to them, as in speciall to Northberrick.

Item, That my Lord Regent’s Grace will give commissione and authoritie to certaine persones for reformatione of the Colledge of Aberdeene, that the corrupt office beirers, Regents and uthers be removit, and uther qualified persones placeit in their rowmes, so that the zouth may be instructed in godliness and guid literature.

Item, To desyre my Lord Regent’s Grace, order to be taken for suppressing of vice; whereby the plague of God may be withdrawne from the countrie, and that his Grace will take diligent care anent the execution of justice againes sic odious crymes as shall be giue his Grace in wreit, be the Superintendants and Commissioners of Countreyes.

Item, That his Grace would cause sic as are appointed of the Councill, conveen with them that are appointed of the Kirk, touching the jurisdiction of the same to decyde therein, that tyme and place may be condescended upon to that effect; and that it be done before the Parliament.

Item, To advyse with my Lord Regent’s Grace and Councill, that in the rowmes and countreyes where no superintendants are, they may be placed.

Item, To understand what may augment or appoynt ministers’ stipends.

ANSWERS to the foresaids Articles be my Lord Regent’s Grace.

Att Edinburgh, the 8th day of July 1568, being on the Secret Councill my Lord Regent’s Grace, my Lord Simple, my Lord Glames, Secretar, Lord Ochiltrie, and my Lord Balmirrynoche.

Anent the complaint maid be the Kirk for default of payment of the thirds of benefices to the sustentation of the ministrie:

The persones addebtit for payment of the same, being at the horne, and no farther diligence to be usit for obtaining of payment, my Lord Regent’s Grace, with advyce of the Lords of Secret Councill, ordayne the thesaurer to receive all letters of horning to be presentit be whatsumever collectors, either of the 1556 yeares crope, or of the 1557, or in tyme comeing; and upon the saids letters of horning, to direct letters of horning to officers of armes, or to the shreffs of the shyres, or uthers ordinare judges, to uptake the escheits of the persones denunced and put to the horne, and of the first and readiest escheats to pay to the collectors the soumes auchtand, for the quhilks the saids persons was put to the horne; friely taking up the remanent to our soveraigne Lord’s use: At the leist takeing so meikle above the valour of the debt auchtand as will make the expenses upon the executione of the letters in uptaking the escheit; So that no expenses in execution of the saids letters be made utherwayes but of the escheit of the persone denuncit.

All commone kirks shall be gine to qualified persons, ministers and els within any prebendaries founded upon the fruits of the teinds of Kirks, as Dumberney, and Ormistoune in Lowthian, as the prebendarie vaiks, to be uptaken be the collectors.

Ordaines ane Commissione to be maid for the reformation of the Colledge of Aberdein, and for placeing of godlie persones masters thairin.

The row of the committers of vices to be presentit to my Lord Regent’s Grace, wha shall cause the Justice-Clerk to proceed in forme of justice againes them.

Item, The Lord Regent’s Grace shall giue warning to the persones nameit in the end of the parliament, to conveine the 8th day of August.

To the sixth head, That fforsuameikle as superintendants cannot be presently appoynted, the Kirk mann appoint commissioners for the same purpose, as they shall think guid to give commission, whill the next Generall Assembly.

To the seventh head, anent the advyse for augmenting of minister’s stipends, was be aduyce of my Lord Regent’s Grace and Councell, the Clark Register, the Laird of Pittarro, and Mr Henrie Balnewis, with foure of the Kirk, as they shall think meit, or any twa of them.

The Regent’s Letters anent the Chaplenries.

Wee understand that there is some chaplenrie properly pertayning to the King’s Majesties presentatioune, and some at this present to be disponit: We heirfore have thought good to require your opinione how we sall proceid in that behalfe presently and in tyme comeing, that ignorantly we doe nothing wherewith the Kirk may justly find fault hereafter. Sic subscribitur,

JAMES, REGENT.

Sess. 5^a. July 9, 1568.

Ane Reader was proven and convict for meddling with ane certaine woman, and afterward was verified that the same woman had ane husband livand when the same reader medled with her, but alleadges he knew not the same, and that he had not been in the uther man’s companie ane certaine space before. Att command of the Kirk the reader put away the said woman, who hes been from him the space of ane year or thereabout. This reader desyres to be admittit to his office again, in respect of his bypast conversatione be the said space of ane year, and doe farther what the Kirk will injoyn him. Quæritur?

Answer: After publick repentance according to the order, receive him.

Ane minister convenit be contract with ane certaine vicar, and the vicar sauld his viccarage of the Kirk whill the minister servit, in favors of the minister, and the minister againe promised to pay him ane certaine small sowme at times and dayes for the goodwill of the viccarage, and that in manner of compositione, nomine pensionis; and now ane uther minister accuses this former minister before the Kirk, as ane man unworthie to bruik office, because of the said contract, whilk he alleadges to be simoniall, and the uther protests that he be convict in pena talonis in caise it be not fundine: Quæritur, primum an predictus contractus sit simonis, et si sit, qua pœna puniendus est ille primus minister; Secundo, Si accusator cadet causa, qua pœna est ille puniendus qui illud scandalum suscitavit? Answer: Publick repentance for the accusatione.

Sessio 6^a. July 10, 1568.

It is statute and ordained be the haill Assembly, that ministers, exhorters, readers, or uthers persones hereafter trouble or molest not the Generall Assembly with sic things as superintendants may and aught decide in their synodall conventiones; and if any chances to doe hereafter in the contrare, thir letters shall be receitit.

Touching the Bishop of Orkney’s suspensione from the ministry the last Assembly, and his obedience and submission: The Kirk restores him againe to his ministrie of the word, and alse ordaines him upon some Sonday, when he best may for weakness of his body, to make ane sermone in the kirk of Halyrudehouse, and in the end thereof to confess his offence in marrying the Queene with the Earle Bothwell, and desyre the Kirk there present for the tyme to forgive him his offence and sclander gine be him in doing the forenamed act; the whilk the Bishop promised to doe.

[SEVENTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, holdin at Edinburgh, in the Nether Counsell-house, the 25th of December 1568: In the whilk were assembled the Superintendants, Ministers, and Commissioners of Townes and Kirks; Thanks being gine and inuocatione for assistance of the Holy Spirit be Mr John Knox, minister of Edinburgh. No mention of ane moderator.

Anent the letters receavit from my Lord Glencairne, daited att Glasgow the 21st of December instant, bearing in effect the great zeall his Lordship beares to the glory of God, to the maintaining of an commone cause and instant necessitie of the ministers of Christ’s Evangell, ffor support whereof his Lordship hes put the Kirk in possession of the thirds of the Bishopric of Glasgow, mair regairding the maintaining of the ministrie nor his Lordship’s own profite and commoditie; shawing his Lordship’s great desyre to have been at this present Assemblie if the urgent cause of the common weall now in hands, and als the distance of the place now impedit; promiseing whatsoever beis in this Assembly godlie concludit on, his Lordship will sett fordward the same to the uttermost of his power: Requesting also for the placeing of Mr John Porterfield, now banisched from Dumbartone; as in lyke manner for ane godly learned Inglishman, and for their reasonable stipends; off the quhilk his Lordship’s godlie zeal and benefit bestowit on the Kirk, as also the earnest carefullness for supporting the pastors of Chryst’s flocke, the haill brethren assemblit praisit God unfainedly, and thanks his Lordship maist heartilie, not doubting but the Spirite of the Lord Jesus Christ will strengthen his Lordship vnto the end. As to the two brethren requested for be his Lordship, the brethren assemblit hes gine commission to Mr Androw Hay to place and appoint them according to his conscience.

Because of the rairness of this Assembly, the 25th day of Februar nixt was appointed to conveen on, and letters of advertisement was ordained to be send to every superintendant, whais tennor follows:

The haill brethren presently assemblit, having consideration not only to the bruit and sickness within this burgh, albeit (God be praised) there is no occasione of feare thereof, but also of the great tempest and storme of weather, thought to be universallie within this realme, alswell in the north as in the south, that through feare of the ane and impediment of the other, the Brethren, Superintendants of Angus, Mearns, and Fife, Ministers, Commissioners, and uthers, alsewell of these parts as of the west and south, might not compeir at this Assembly according to the appointment thereof in the last Sessione of the Assembly halden in July last, was thought meit to continow all actions whatsoever unreasonit and undecydit whill the 25th day of Februar nixt to come, and then to haue the haill brethren forsaids to conveen in Edinburgh be themselves, or giue any thing chances in the meanetyme, wherethrough justly they are impedit, thair commissioners sufficiently authorised: give the said day and place please not, the haill brethren or maist part thereof, to reason and conclude all actiones pertayning to the ministrie, to condescend and appoynt some other day and place, not only convenient for the ministers and commissioners of townes and kirks, but also apt for resorting of the nobilitie and privie councill, quhaise presence are very requisite for setting fordward the affaires of the Kirk; and therefore exhorted the saids brethren, ministers, and commissioners of townes and kirks within their bounds respective, as was appointit in the last Assemblie, to conveen in Edinburgh the said 25th day of February nixt to come, as the brethren of the West and South shall be in lyke manner warned thereto. Given in the Generall Assembly and first Sessione thereof, subscribed be the Clerk of the same, day, year, and place foirsaids.

[EIGHTEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk conveened in Edinburgh within the Over Tolbooth thereof, the 25th day of February 1568(9), In the quhilk were assemblit the Superintendants, Ministers, and Commissioners of Townes, Kirks, and Universities.

As for eschewing of confusione in reasoning among the brethren convenit, presently, with ane voyce was present chosen Mr David Lindsay to be Moderator for this present Assembly.

Sess. 2^a. Februarii 26, 1568(9).

The haill brethren conveint and assembled thocht meit that ane supplication be presentit to the Supreame Magistrate anent sic persons as hes receavit their benefices in Papistrie, payand now allanarlie their thrids, thinkand themselves therethrough dischargit of all further cure in the Kirk; Requireing at his Grace what order shall be tane anent sic persones. Item, Qwhidder it be lawfull to ane minister of God’s word having benefice, to sett tacks thereof to any particular persone within the parochine or without the same, and if ane law shall be made, that no minister shall sett his benefice to any particular persone.

Item, Ane supplicatione to be made be the Regent’s Grace for reductione of all benefices gine to any persone contrare the act of Parliament or Secret Councill, grantit in fauours of the kirk, or ministers of the same.

The same day, Mr Andrew Blackhall, minister of Ormistoune, was accusit be the Commissioners of the towne of Edinburgh for marrying of ane callit James Hamilton, indwaller of the towne of Edinburgh, with ane Janet Hunter in Ormistoune, without letters testimonialls of their bands proclaiming: againes the qwhilk James, the Kirk of Edinburgh had something to lay for offences committit. After all defences made be the said Mr Andrew, the haill Kirk finds him to have broken the act, That no ministers shall marry the parochiners of ane uther parochine without ane sufficient testimoniall, and so guiltie of the paines contanit therein; not the less the Commissioners and ministers of the towne of Edinburgh made supplication to the haill Assembly that the rigour of the act should not strike upon him, but that some satisfaction should be made to the kirk of Edinburgh at the discretioune of the haill kirk: Whilk supplication the haill brethren acceptit, and ordained that the said Mr Andrew shall compeir before the Sessione of the kirk of Edinburgh on Thursday next to come, and there confess his awne offence, desyreing pardone thereof, with promise of never to offend in sic sort heirafter, under the paines containt in the said act, to be execute to the rigor thereof.

Sess. 4^a. Marche 7, 1568 [9.]

Tenor of the Letter sent be the Duke of Chatlherault his Grace, to the Generall Assembly.

Grace, mercy, and peace, from God the Father, through Jesus Christ, we wische to you.

Brethren, We thocht it expedient to certifie yow that being in France, and hearing the great troubles in this our native countrey, of conscience and dewtie was compellit to come home, desyreous to helpe to pacifie the same at our utter power: First to the glory of God Almightie, and next to the relief of the right sair and lamentable oppressed trew subjects, quhais innocent blood and innumerable heirschips, oppressiones, wrongs and slewths that hes been committit, and daily is upon them, is to us so grievous and intollerable a burden both in conscience and honor, that we refuse not only this our native realme, but also the hale warld or it were not reformit; and albeit in my absence I have sustained wrong, I assure my owne particular naither in blood, lands, nor gear, is so heavie to me as the great danger this haill kingdome stands intill, giue be the grace of Almighty God, and help of the old and natiue Scotts blood, it be not foreseen and relieved in tyme. Heiring of your Conventione, brethren, at this tyme, I have send this bearer to you to declare this to be our full and determinit minde to follow be the grace of God; First, That the word of God may have free passage through this haill realme, and that the sacraments may be ministrat according to the institutione of Christ Jesus his Sone our Saviour: Next, That every true subject of this realme may live without feare upon that whilk is justly his owne, according to God’s calling and commandement. In this cause of this present diversitie of our native Soveraigne and ane pairt of her subjects, ffor the qwhilk we are very heartilie sorrie, and as Almightie God knawes innocent of foirknawledge of any thing, so we would wische all uthers to be the lyke. Our desyre is, that all hostilitie and troubles might be pacified according to the command of God, and that the haill Estates in quiet and peaceable manner may continew, and first calling for his grace and Holy Spirite of righteous judgement, might consider the ground and beginning of this altogidder evill deid, I meane the slaughter of the Queen’s late husband, what hes proceedet thereupon sinsyne, and what God wald of reasone sould be done therefore; and this to be devysed either be the haill estates or 25 of the wysist of the nobilitie chosen be the haill, and to be followit be the whole people of the realme, whereunto we of the nobilitie and all that continews under our obedience to the Queen our Soveraigne, sall for God’s and for the commone weall be found agreeable. I avoyde the wrougous judgement may be spoken that we wreit this to yow because of proclamations that the Earle of Murray hes made in diverse shyres of this realme, to have the people in Glasgow the 10. of March: We would ye should consider we doe it not for that cause: ffor first as ye knaw sen before thir troubles begane we have never been in this countrie before the 25. of this instant Februarii, wherethrough we might haue shawen our minde herein, and all the people of Scotland war gathered together, both for nativeness of blood and for good deserving of my forbears and my selffe, thairs the strenth of the world quhilk I could wishe myself and find me maist sure; and giue the said Earle of Morray wold take upon him to invade me or any of my friends or dependars, or any trew man of this realme, (as I cannot think he will,) then trust I, that the nobilitie or people will not assist him thereto, whill first they finde ane cause worthy, and be declared be the antient lawes of the realme: And though we desyre thir conventions and forces of men of war to be turnit upon the thiefes and oppressors of the realme; whereunto we shall be most ready with our bodies and gear to doe the devoure of noble and trew men; yet, giue he will persevere to persew us, we doubt not in God and the justice of our cause, to finde all the noble and trew men so favourable to us, that it shall not be in his power to doe us wrong upon particular malice, altogether without deserving. Therefore, we require you in God’s behalfe to make some of our affaires and mynde patent unto the people, and giue ye finde not on our pairt socht here, and offerit that our Christiane professione dewlie requireth, that ye come and reasone the same with us, where ye shall finde us reasonable in all causes according to God’s word and equitie, on qwhaies divyne protectione we committ you. Off Hamiltoune, the 27th of February.

Your Christiane Brother, JAMES HAMILTOUNE.

After reading of the said letter, the brethren being advysit thereupon answerit to the bearer of the letter, That the Kirk would send some of the brethren to my Lord Regent’s Grace to knaw his pleasure, whidder they should wreit or send ane certaine of the Kirk with Commissione frae the same to my Lord Duke’s Grace, schawing and declareing the opinione of the Kirk touching his Grace’s letter. As for that same, the haill Kirk gaue Commissione to the brethren, Mrs. John Spottiswood, John Wynrhame, and John Row, to passe to my Lord Regent’s Grace, and knaw his pleasure touching the said letter, and thereafter to passe according to his Grace command, to my Lord Duke’s Grace, and conferr with him and uthers of the nobilitie whom they find present, and be all means possible to reconcile the nobilitie forsaid to the obedience of the King’s Majestie and his Regent; and farder to doe as the said Commission proports.

Sess. 5^a. March 8, 1568(9).

It was concludeit be the haill brethren assemblit, that an generall fasting be proclaimit throughout all Scotland, and to begin in Lawthiane, Fyfe, and sic uther places as may receiue advertisement, the 13th day of this instant. Thereafter, the Superintendants and Commissioners of provinces to advertise and begine at sic tymes as they think expedient, and to continow from the first day to that day aucht dayes inclusive; and in the meane tyme to use the exercise accustomed in the Kirk of the first institutione, and als to use sobrietie in eating and drinking in tyme of the exercise.

Moreover, concludeit that all Superintendants and Commissioners of provinces shall hereafter institute and use the same order of fasting, so oft as just occasione shall serve and sall seem meit be their godlie wisdome, without any farther appointment by the Generall Assemblie.

That remedie may be provydit against the oppressione of the Earle of Huntlie and of uthers, who hes deposit the Collectors of the Kirk, and tyrannouslie placit their owne.

That it may please his Grace and the Secret Councill that the Kirk from admonitione may passe to farther censures against the said Earle and all uthers guiltie of the lyke oppression, unto publick excommunication, in case of his and their contempt.

That the Kirk, without offence of his Majestie, may appoint their brother Mr Robert Pont where that his labours may be more fruitfull than they can be for this present in Morray.

That order may be taken that sic odious crymes as this day provoks God’s displeasure against the haill land, may be punished as God hes commanded: giue his Grace send us to the Justice Clerk, experience hes teached us sufficientlie what he hes done in any sic matters.

The Kirk requyres that aines the jurisdiction thereof may be separate from that whilk is civill.

That the questione of adulterie may once take effect; at leist a decisione in that heid--whether the adulterer shall be admittit to the benefite of marriage or not.

[NINETEENTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk conveint in Edinburgh, and Nather Counsell-house of the same, the 5th of July 1569: In the quhilk were present the Superintendants, Ministers, Barrons, and Commissioners of Townes and Kirks.

For eschewing of confusione quhilk might chance in reasoning amongst the brethren presently conveint, with ane voyce was choysen for Moderator, William Chrystesone, minister of Dundie, for this Conventioune, who being present acceptit the office on him.

Sess. 2^a. July 6, 1569.

Anent the defence gine in the Assemblie halden in December 1567, be Mr John Craige, ane of the ministers of Edinburgh, touching the proclaiming of the Queene and Earle Bothwell, the said defence being publickly read, the haill poynts therein conteint be the haill Assembly maturely considerit; It was funde be the haill brethren that he had done the dewtie of ane faithfull minister, and had committed nothing sclanderous to sic as hes righteous judgement, in respect of the defence forsaid, quhilk was fund both godlie and sufficient for declaration of his innocencie thereanent, quhilk the haill Assembly declarit and testified, and ordained the same to be notified to all and syndrie.

Sess. 3^a. July 7, 1569.

Anent the punischment of adulteries, murther and uthers criminall and capitall crymes quhilk deserves death, &c. Whether the supreame Magistrate aught first to declare his minde of his satisfactione and admissione, or if the Kirk shall receave them to repentance before the declaratioune of the Magistrats will?

Anent persones guilty of capitall crymes fund the Superintendants, Ministers, Elders or Deacons of reformit Kirks, to compeir to this Assembly or any uther hereafter, and the saids persons fund not compeirand, the Kirk ordaines the saids Superintendants or Ministers to proceed to excommunication against them, and to notifie to the Supreame Magistrate so many as for the offences are alreadie excommunicate, that further punischment may be execute.

Certaine of the Articles presented to my Lord Regent.

That order may be tane for the sustentation of the poor, and that ane portion of the teynds be appointit for that effect. And in like manner, that the labourers of the ground may have intromissione to lead their owne teynds upon reasonable compositioune.

Item, That sic as hes pluralitie of benefices may be compellit to dimitt all save one.

Item, That remedie may be provided for chaiping and changing of benefices, and selling of the same, dimminisching of the rentall, of setting of lang taks in defraud of the Kirk, and that all taks sett sen the assumption of the thrids may be disannullit, with express inhibitioune agains the same in tyme to come.

Item, That the jurisdiction of the Kirk may be separate from that quhilk is ciuill.

Anent this article, my Lord Regent’s Grace ordaines the persones nominat in the act of Parliament to conveine the tyme of the nixt chekker, and defyne and limitat the said jurisdictione according to the word of God and the said act. Extract. ex libro actorum secreti concilii.

ALEX. HAY.

The tenor of the Act made for Assignatioune of Stipends.

Forsuameikle as this lang tyme bygane the ministers hes been universallie defraudit and postponit of their stipends, and now at last it hath pleasit God to move the hearts of the superiour power and Estates of this realme to grant the thrids of the haill benefices within this realme to the ministers of Christ’s religione be plaine and publick proclamation, as at mair lenth is conteinit in the said Parliament, holden at Edinburgh in the moneth of December 1567; In respect quhereof the Kirk presently convenit finds it maist needfull and expedient, that all Superintendants, Ministers, Exhorters, and Readers, shall have their owne particular assignations appointit to them, to receave the same frae the hand of the laborers, taxmen, or uthers addebtit in payment of the saids thirds: And therefore the Kirk in ane voyce, be this act, gives their full power and commissione to every Superintendant and Commissioner of Kirks within their owne bounds, as they shall find the same expedient, under the Superintendant’s subscriptione and ministers foresaids, with all clauses needfull and expedient thereto, quhilks sallbe alse sufficient as if the same were specifiet be the Generall Assembly of the Kirk. And as concerning the Superintendants and Commissioners of Kirks, their provisione and assignatione to be made be the Generall Assembly of the Kirk.

And to the effect this act may take full perfectione, the Assembly present requyres maist humbly, my Lord Regent’s Grace and Secrett Councill, to interpone their authoritie thereto, that the assignations forsaids, generall and particular, as they shall be presentit to his Grace, may be specifit in forme of provisione ad vitam, under the Privy Seal, with ordinance thereupone, that Letters may be direct at every man’s instance, under all the four formes, as is grantit to the possessors of the twa part; and alse to the same end, that his Grace and his Counsell forsaid wald decerne the thrids of the benefices forsaids within this realme, to be separate and devydit reallie and with effect, from the twa part, so that the Kirk may intromitt with the thrid part, as the possessors does with the twa part, the superplus always to be comptable to the commone effaires, conforme to the act of Parliament.

Sess. 5^a. July 9, 1569.

My Lord Regent’s Letter to the Assembly.

After our maist hearty commendations; Seeing we are not able to be present at the Assembly now approachand, as our intentione was, We thocht it convenient, brieflie to give you significatioune of our meaning in wreit, of the quhilk we pray you to take good consideration, and, accordingly, to give your advertisement. Ye are not ignorant, as we suppose, what has beene the estate of the Kirk of God within this realme, baith before we acceptit the burding of regiment and sinsyne: How, first, the thirds of benefices war grantit to the ministrie, thereby partlie relievit and sustainit in sic sort, that nothing inlaikit that our travells could procure. The first order, indeed, was divers wayes interruptit and brokin in, but chiefly in that year when we were exyled in England, quhairthough that year the haill ministers war frustrate of their livings. Shortly, in the estate of Government altering at God’s pleasure, and the King our soveraigne being inaugurat with the crowne of this kingdome, the first thing we war careful of was, that the trew religion might be established, and the ministers of the Evangell made certain of their livings and sustentatione in tyme comeing: ye knaw, at the parliament we war maist willing that the Kirk sauld haue been put in full possessione of the proper patrimonie, and toward the thrids we expeded in our travel, and inlaikit only a consent to the dissolutione of the prelacies, whereunto, although we were earnestly bent, yet the estates delayit and wold not agree thereunto; and sen that tyme to this houre, We trust we will affirme, that we have pretermittit nothing that may advance the religione, and put the professors thereof in surtie, whereanent the haill and only inlaike hes been in the ciuill troubles that God hes suffered the countrie to be plagued with. Now, the matter being, after so great rage, brought to some stay and quietness, it was convenient that we returne where matters left and prease to reduce them to the estate they stand in. Ane thing we must call to remembrance, that at sic tyme as we travellit in the parliament to cause the estates to agrie, that the thrids should be decernit to pertaine to the ministrie, they plainly opponit them to us in respect of the first act, alleadgeand, that, with the sustentation of the ministrie, there was also regard to be had to the support of the puire, in sustaining of the public chairges, quhilks, if they had not some reliefe be that meine, the revenue of the crowne being so diminisched, and the ordinare charges cume to sic grytnes, on force they wold be burdenit with exactions; and so this dangerous argument compellit us to permitt to the estates, that we wold take upon us, the act being grantit to the Kirk, they should satisfie and agrie to ony thing sould be thocht reasonable, for supporting of the public charges of the prince. And, according to this, the Commissioner Deput for the affaires of the Kirk agriet to certaine assignations of the thrids for supporting of the King and us bearing authoritie; quhilk order had been sufficient for the haill, give the ciuil trouble had not occurrit; yet the disobedience growand so universallie, we are content to sustaine ane part of the inlaik and loss for the tyme past. But because there hes bene murmure and grudge for that thing assignit to the King’s houss and ours, and some other needfull things in the State, as that thereby the Ministers were frustrate of their appointit stipends, some communicatione was had at St Androis, and nothing yet concludit qwhill the Generall Assembly of the Kirk, quhilk now moves us wreit to yow in this forme, prayand yow richtlie to consider the necessitie of the cause, and how the same hes proceeded frae the beginning, haveing respect, that the Kirk will not be very well obeyit without the King’s authoritie and power, and that now the propertie of the Crowne is not able to sustaine the ordinarie chairges. How in the beginning the thrids had not been grantit giue the necessitie of the prince had not been ane of the chief causes; and at the parliament, the estates, as we have before written, stak to consent that the haill thrids sould be declareit to pertaine to the ministrie, whill first we take in hand, that they being made without conditione in favours of the Kirk, the same wold againe condescend to so meikle as wold be sufficient to the support of the publick affaires, in furthsetting of the King’s authoritie, and that therefore we will agrie and condescend to ane certaine and speciall assignatione of it, that sall be imployit to this use: The quantity qwhairof, diverse of your selves and the beirer heirof, Mr John Wood, our servant, can informe you, that after ye may distribute to everie ane haveing chairge in the Kirk of God his stipend, according to the conditione of the place he serves in, according to your wisdomes discretione. Hereby, all confusione that lang hes troublit the estate of the Kirk toward the stipend, shall be avoidit, and some speciall provision being made for sustaining of their publick chairges, we may the better hald hand to sie the Kirk obeyit of that whereon the ministers should live, as ye shall reporte. That dureing our travells in the north countrey, they have found our effectious good will, and travellit in their furtherance. Farder, we man put yow in minde brieflie of ane matter that occurrit at our late being in Elgine. Ane Nicoll Sudderland in Forres was put to the knawledge of ane assyse for incest, and with him the woman: the assyse hes convict him of the fault; but the question is, whether the same be incest or not, so that we behovit to delay the executione whill we might have your resolutione at this Assemblie. The case is, that the woman was harlot of before to the said Nicoll’s mother brother. Herein Mr Robert Pont can informe yow mair amplie, to whais sufficiencie we remitt the rest. Mair over, at our coming at Aberdeen, there came ane named Porterfield, minister, provydit of before to the Viccarage of Ardrossane, and required also of us, that he might also have the viccarage of Steinsone, seeing both was ane matter meine aneuch to sustaine him, and because the kirks war neir, he might discharge the cure of both. We haveing him commendit be diverse great men to the same, but thocht guid to advertise yow that this preparatione induce not evill example and corruptione; alwayes, in caice sic things occurr hereafter, let us understand what ye would have us to doe, as in lyke manner, towards the chaplanries shall happen to vaike; whereanent, because there is no certaine order, and some confusione stands, some desyrand them for lyftyme, some for inffants that are not of the schooles, and some for seven yeares. We are sometyme preasit to receave or confirme assignationes or admissione of benefices, the preparature whereof appears to bring with it corruptione, and so we would be resolvit how to proceed. Before our comeing from Fyfe, and sinsyne, we have beene very willing to doe justice on all suspect persones of witchcraft, as also upon adulterers, incestuous persons, abusers of sacraments, quherin we could not have sic expeditione as we would have wisched, because we had no uther probabilitie whereby to try and convict them but ane generall delatione of names; the persones suspect not being, for the maist part, tryit and convict be order of the Kirk of before. This hinderit many things that utherwayes might have been done; and therefore we pray you appoynt and prescryve, how the judgement of the Kirk may proceed and be execute against all sic trespassers, before complaint be made to us, that when we come to the cuntrie, we may cause execute the law, and be relievit of the tryall of inquisitione heiranent. We thocht expedient to give yow this for advertisement; and so remitts the haill to your care and diligence, committs yow in the protectione of Eternall God. Aberdeene, July ultimo, 1569. Your assurit ffriend,

JAMES, Regent.

Articles and their Answers.

To the Questione, whether the cryme before specifiet, committit be Nicoll Sudderland, be incest or not? Answerit, The Kirk finds it incest, and so hes resolvit.

Item, Anent the Chaplanries that shall happen to vake? Annswerit, The Kirk agriees that they be disponit to Colledges or to the puire, conforme to the act of Parliament, and no utherwayes.

[TWENTIETH GENERAL ASSEMBLY.]

The Generall Assembly being appointit in Strevilling, February 25, be reason of troubles falling out be the slaughter of my Lord Regent’s Grace, was continueit till the first of Marche, and begunne in Edinburgh the said day, 1569(70), in the Tolbuith thereof; where was present the Nobilitie, Superintendents, Commissioners to plant Kirks, Ministers, and Commissioners of Kirks and Townes. The Sermone and Prayers made be William Christisone, Minister of Dundee, last Moderator.

Ordour to proceed in the Assemblies.

First, That he who is moderator in the last Assemblie, shall make the prayer and exhortation in the Assembly thereafter following; whilk endit, the Kirk proceedit to the chuseing of a new moderator, quho shall continue make prayers and exhortations as said is, and so furth, from Assembly to Assembly.

Secondlie, The tryall of Superintendants and Commissioners for planting of Kirks, with the accusationes, if any beis, be Superintendants, Commissioners, or any uthers, against ministers.

Thirdlie, The penitent committit to the Superintendants or ministers at the last Assembly, to be receavit according to the ordour appointed be the last Assembly, and alse to give injunctions to uthers notorious criminall persones, that aither are fund be the Superintendant, Commissioner of the Kirk, or of their own freewill, moveit be hatreit of their cryme, presents themselffs in the Generall Assembly.

Fourthlie, To decerne upon sic things as aither was undecydit at the preceidand Assemblie and remittit to this, or else referrit hitherto, be the Lords of Sessione, Auditor of Chekker, or any uther wayes.

Sessio 2^a. March 2, 1569(70).

The haill brethrene convenit, in ane voyce, for eschewing confusione in reasoning, chuse Mr John Craige, ane of the ministers of Edinburgh, to be Moderator in this Assembly, and to make the prayer and supplicatione in the beginning of the next Assembly, according to the order appointit.

Anent the complaint gine in be Thomas Smith in Ochiltrie, againes Mr John Smyth, minister in Ochiltrie, for debarring the said Thomas from the Lord’s table, because he removeit ane shoe off ane horse upon ane Sonday afternoone in Ochiltrie, where neither preaching nor publick prayers was. After long reasoning, the said Thomas was ordainit to be receavit to the participatione of the Lord’s table, and uther benefites of the Kirk, hereafter, notwithstanding of the alleadgit fault abovementionat.

The Kirk ordaynes sic persones as are convict of incest or adulterie, and hes not stubbornly contemnit the admonitions of the Kirk, nor sufferit the sentence of excommunication for their offences, shall make publict repentance in sackcloath, at their owne kirks, bairheaded and barefooted, three severall dayes of preaching, and after the said third day, to be receavit in the societie of the Kirk, in their owne cloathes. The uthers that hes been excommunicat for their offences shall present themselves bareheaded and barefooted sax preaching dayes, and the last, after sermone, to be receavit in their owne cloathes, as said is.

Sessio 3^a. March 3, 1569(70).

Anent homicids, incestuous persones, and adulterers not fugitive from the lawes, but continuallie suteing to be receavit be the Kirk to publick repentance; after long reasoning, with mature deliberatione, the haill brethren presently assembleit, concludit, that all sic persones, humbly suiting, shall be receavit, to give the signes of their repentance in their awne kirks, according to the order appoyntit before, at qwhilk tyme the minister shall publickly notifie their crymes, that thereby the civill magistrates may know the crymes, and pretend no ignorance thereof.

Give they be excommunicat for their offences, they shall stand bareheaded at the kirk doore, every preaching day, betwixt the Assemblies, secluded from prayers before and after sermone, and then enter in the kirk, and sit in the publick place bareheaded, all the tyme of the sermons, and depart before the latter prayer.

The uthers that are not excommunicat shall be placeit in the publick place where they may be knawne from the rest of the people, bareheaded the tyme of the sermones, the minister remembering them in his prayer in the tyme after preaching; all the saids persons to bring their ministers’ testimonialls to the next Assembly of their behaviour in the meantyme, according to the act made thereupon be the Kirk in the 2d Sessione, halden July 7, 1569.

Anent the complaynt of the parochiners of the kirk of Kilmenie for wanting of ane minister to preach God’s word and minister the sacraments, the haill Kirk concludes, that in respect of the number of qualified and learnit men of the auld Colledge able to preach, and also the nearness of the said Colledge to the said kirk, That some of them shall either preache and minister the sacraments to the people, or else injoyne uthers to doe the same qwhill farder order be taine.

Sess. 7^a. March 3, 1569(70).

Anent Robert Lickprivick his supplicatioune for support of the Kirk in his office of printing: The Kirk haveing respect to his povertie, the great expenses he hes made in bying printing irones, and the great zeal and love he beirs to serve the Kirk at all tymes, hes assigned to him, ffyftie punds yearly, to be payeit to him out of the thrids of the Kirk, be the Collectors underwritten, viz. the Collector of Lowthiane 20 łb., the Collector of Fyfe 20 łb., the Collector of Angus 10 łb.; Quhilk soume the auditors of the compts for the Kirk shall thankfully allow to every ane of them.

Sessio 8^a. March 9, 1569(70).

It is statute and ordanit that no minister, provydit or heirafter that shall be provydit to benefices, sett in tack any manner of way, their gleib or manse, neither yet any part of the fruits or emoluments thereof, in diminutione of their rentalls, under the paine of depryving from the benefice for ever; decernyng also the tacks sett in manner forsaid, to be null and of none effect as done be him that hes no power.

Sessio 9^a. March 11, 1569(70).

Quhat shall be done to them that will not forbear the company of persones excommunicat, after dew admonitions? To be excommunicat except they forbear.

The children of the excommunicat persones to be receavit be ane faithfull member of the Kirk to baptisme.

Ane single woman committing adulterie with ane married man should be equally punished.

Quhair a man repudiats his wife and bairnes without ane cause, and no wayes will receave her againe, the minister should labour for reconciliatione, and the pairtie offendit complaine to the judge competent.

Ane promise of marriage made before the readers and elders in ane reformit kirk, the parties contractit compeirs before the Minister and Sessione, requires their bands to be proclaimit; quhilk beand done, the Kirk finds carnall copulatione to have followit, be confessione of baith parties: when the Kirk requires them to proceid to the solemnizatione, the woman refuses.

Admonische the refuisand to solemnize the marriage, or else to gett ane decreit from the judge competent, that they should not marrie, under the paine of excommunicatione.

Persones, after promise of marriage and proclamation of the bands, desyrand to be frie from the bands, no carnall copulatione following, should be free, si res est intergra, and their inconstancie punishit.

It is not lesum for ministers to leave their vocatione and use other offices and chairges within the commone weill, without consent of the Kirk; and in tymes cumeing, it is needfull that all them that serves in the ministrie be publickly inaugurat.

[TWENTY-FIRST GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, halden at Edinburgh in the Nether Councill House, the 5th day of July 1570, quhair was assembleit the Nobilitie, Barrones, Superintendants, Commissioners of Kirks, Provinces, Townes, and Ministers: the prayer made be Mr John Craige.

The haill brethren presently conveint, chuse Mr Robert Pont Moderator for this Assembly.

Penitents that, for their offences, resorts to the Generall Assemblie, either to receive injunctions for to schaw signes of their repentance, or that sould present themselfes before the same in linnen cloathes and receave farther injunctions, that they be warnit to compeir the second day of the Assembly peremptorlie.

Ministers, at their publick inauguration, shall protest solemnlie that they sall never leive their vocatione any tyme thereafter under the paine of infamie and perjurie.

Anent the tryall of young children, and how they are brought up be thair parents in the trew religion of Jesus Christ: It is ordainit, that ministers and elders of kirks shall, universallie within this realme, take tryall and examine all young children within their parochines that are come to nyne years, and that for the first tyme; thereafter, when they are come to twelve yeares for the second tyme; the third tyme, to be examined when they are of fourteen years, wherethrough it may be knawne what they have profited in the schoole of Christ from tyme to tyme.

Sessio 3^a.

It is ordained, be reasone of the great troubles fallen out lately in this realme be defectione of some from the King’s Majestie’s lawfull authoritie, that certaine brethren be sent from the Kirk to all sortes, Earles, Lords, Barrones, and gentlemen whatsumever, that hes made the foresaid defectione, and travell with them be all meanes possible, to reconcile them to the lawfull obedience of his Majestie, and to certifie them that disobeys, that the haill Kirk will use their sword against them, quhilk God’s word hes committit to them. Commissioners for that effect--Mr Andrew Hay and Mr David Lindsay, to my Lord Duke’s Grace, the Earles of Argyll, Eglintoune, Cassills, the Lord Boyde, and uthers barrones and gentlemen that they can gudlie meit with within the wast parts; The Laird of Dunn, Superintendent of Angus and Mernes, to the Earle of Crawford, the Lord Ogilvie, and their assisters: Qwhilk Commissioners war commandit to report their answers to the next Generale Assemblie.

Sessio 4^a.

The controversie in St Androis betuixt Mr Robert Hamiltoune, minister there, and his Colleges on the ane parte, and Mr James Carmichael and his Colleges on the uther parte, is traitit and discussit be the Assembly of the haill Kirk, because the same concerns doctrine, sclander that may rise therein, or discipline of the Kirk.

Cloakers of adulterie sould be callit and convict; and if it be fund that they have cloakit publick adulterie after their knawledge, then let the law haue place. Consentientes et agentes pari pœna puniantur.

Quhen a woman beares a bairne to a certain man, and, in the tyme of her birth, before the midwife, alleadges the bairne to be this man’s, and beand callit before ane judge, beand readie to sweir the same, and this man is ready to swear the contrare, and that he never had carnall dealings with this woman, and there is no other witness, Whether shall credence be gine to the man’s oath or to the woman’s? and shall the bairne be left without ane father knowne?

Answer, Neutri credendum.

All things being done that the civil ordour requires of them that withhalds the dewtie of the Kirk, whereby the ministers wants their stipends, the Kirk may proceed to excommunication for their contempt.

Sessio 5^a.

Compeirit Mr James M‘Gill of Rynkelour Nather, Clark of Register and Counsellor to our soveraigne Lord L., John Ballantyne of Auchnouchill, Knight, Justice Clark, and Mr Archbald Douglass, ane of the Lords of the Colledge of Justice, who, in presence of the haill Assembly, proponit in my L. Chancellor’s name, how his L. had understand that in the contraversie amongst them in St Androis there was continwet some heads tending to treasone and against the King’s Majestie’s authorities, Therfore requirit the Kirk presently assemblit to superside all devisione in that matter concerning the King’s Majestie, untill the tyme the nobilitie conveine, qwhilk will be within ten days, before whom that heid aucht to be sichted; nottheless that the Kirk proceed to sic things therein as pertayns to their owne jurisdictione; unto the qwhilk protestation the Kirk agriet.

The said day the haill Kirk presently assemblit, in ane voyse and mynde, gives full commissioune and power to the honorable their brethrene, John Erskine of Dunn, knight, superintendant of Angus and Mernes, Mrs John Wynrhame and Spottiswood, superintendants of Fyffe and Lawthiane respective, Mr James M‘Gill, Rankelour Nather, Clark of Register and Counsellor to our soveraigne Lord, Mr John Knox and John Craige, David Lyndsay of Edinburgh and Leith, ministers, the proveist of Dundie, Mr Thomas M‘Allzean, The Lairds of Balvaird, Spott, Braid, Carnaill, Dreghorne, Lundie, Howstowne, Drumqwhassell, Coldenknows, Carden, Fawdensyde, Thorntowne, Inchbrakie, David Forrest, Generall of the Conzie, David Ramsay of Dundie, Patrick Morray in St Johnstowne, and Robert Campbell of Kinzeaunclewghe, or any eight or seven of them, To compeir in Edinburgh the VI of this instant moneth of July, with continuatione of dayes, so oft as the nobilitie of this realme shall conveine betwixt this and the next Generall Assembly of the Kirk; and there, in name and behalf of the haill kirks of Scotland, propone and present to the said nobilitie, articles, heids, supplicationes, and complaints, such as the said Kirk hes pennit and delyverit to the said brethren, or hereafter shall, before the next Generall Assembly, delyver maist humbly in their names, to require answer and grant to their articles and supplicationes, and with redress of their complaintes according to equitie and justice, To assist, concurr, and consent to all and whatsumever shall be treatit in the said conventione tending to the setting forward of the glory of God, preaching and maintaining of trew religion within this countrie, King’s Majestie authoritie, commonweall and authoritie of this realme: As also to take cognitione in all and whatsumever complaints, supplications, and requests of brethren speciallie remittit to them be this Assembly; and whatsumever beis done be them in the præmises, to report the same to the nixt Generall Assembly of the Kirk to begine in Edinburgh the first day of March nixt to come, ffirm and stable haldand and for to hald, all and whatsumever the saids brethren any aucht or sevine of them in the premises leads to be done. The Kirk presently assemblit, for certaine causes moving them, discharges all and sundrie assignationes and pensiones grantit be the Kirk dureing their will, to whatsumevir persone or persones before the date heirof, and ordaines the Collector of the Kirk to intromett therewith heirafter, and to put inhibitione to all them that heretofore hes had any sic assignationes or pensiones, except that whilk is assignit to the King’s Majestie’s hand allanerly.

[TWENTY-SECOND GENERAL ASSEMBLY.]

The Generall Assembly, halden at Edinburgh the 5th of Marche 1570(71), In the qwilke war present the Barrons, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Universities, Towns, Kirks, and Ministers, Mr George Hay was chosen Moderator be the suffragis, to make prayers in this Assembly and exhortation in the beginning of the nixt.

Sess. 1^a.

The Kirk assemblit ordains all superintendants and commissioners to plant kirks, to present hereafter, their books of their visitationes, every ane within their province respective, to every Assembly heirafter following, to be sichted and considerit be sic brethren as shall be appointit thereto, fra Assembly to Assembly, To the effect the Kirk may knaw their diligence in executing their offices within thair provinces. The Kirk finds fault that Mr John Rutherfurde, minister at Cultis, hes not done diligence in serving the said cure at leist certaine tymes in the year, admonisching him therefore to amend the said fault in tymes comeing, wtherwayes the Kirk will proceed against him as ane neglector of dewtie.

Sessio 2^a.

Articles pertayning to the Jurisdictione of the Kirk, to be proponit to the Regent’s Grace and Secret Councill, and socht to be appointit be them.

1. Ffirst, that the Kirk have the judgement of trew and false religion or doctrine, heresies or sicklyke, annexit to the preaching of the word, and ministratione of the sacraments.

2. Electione, examinatione and admissione of them that are admittit to the ministrie, or uther ffunctions in the Kirk, charge of sawls, and ecclesiasticall benefices, the suspensione and deprivation of them therfrae for lawfull causes.

3. All things concerning the discipline of the Kirk, whilk stands in correctione of manners, admonitiones, excommunicationes, and receaving to repentance.

4. The judgement of ecelesiasticall matters betwixt persones that are of the Kirk, and speciallie among them that are constitute in the ministrie, alseweell concerning beneficiall causes as uthers.

5. Jurisdictions to proceid be admonitiounes, to the process of excommunication, if neid beis, against them that robbs the patrimonie of the Kirk pertaining to the ministrie, or utherwayes intromitts therewith unjustlie, whereby the ministrie is in danger to decay, be occasion of the povertie of the ministers.

6. And because the conjunctione of marriages pertaynes to the ministrie, the cause of adherents and divorcements aucht also to pertaine to them, as naturallie annexit thereto.

* * * * *

Adulterers, incestuous, and homicids, war ordainit to repair towards their own ministers, there to receave their injunctions, whill the next Convention Synodall of the Superintendants or Commissioners of their own provinces respective, and there to present themselve in linnen cloathes, bareheaded and barefooted, humblie requestand the Kirk there assemblit to receave them to the societie of the faithfull, with farther injunctions, and to bring their testimonialls from their ministers of their behaviour in the mean tyme.

Sessio 3^a.

Forsuameikle as it hes been ordainit be the Generall Assemblies, that all adulterers, murtherers, incestuous persons, and uthers committers of hainous crymes, first sould present themselves to the Generall Assembly, there to resave their first injunctione, and at the next thereafter following, to present themselves in linen cloathes, &c.; And forsuameikle as diverse of the saids offenders partly are far distant frae the places of Generall Assemblies, uthers for povertie and deidlie feids may not nor dare not travell through the countrie to present themselves before the saids Assemblies: for thir causes and uthers considerationes moveing the Kirk presently assemblit, they statute and ordaynit that all sic offenders sall be callit heirafter be the Superintendants and Commissioners of provinces, to compeir before them in their Synodall conventions, to be halden be them twyse in the yeir, to receave and take their injunctions, conforme to the order usit before the Generall Assemblies in all sorts.

The haill Kirk assemblit ordaynes, that all questions heirafter be proponit and presentit to the Superintendants and Commissioners forsaids in the saids Synodall Conventions, there to receave their solutions; and gif any questione happins to be hard for them that shall happen to be at the said conventione, then, and in that case, the Superintendant or Commissioner of Kirks, present the said hard questions to the Generall Assemblie, there to receave solutione in their roome, according to the rule; with certification that no questions hereafter shall be receavit in Generall Assemblies from particular ministers.

Sessio 4^a.

The Kirk assemblit statutes and ordaynes, that all marriages be made solemnly in the face of the congregation, according to the ordour published; and also inhibits all ministers and exhorters, that nane of them solemnize marriages of any persones of uthers congregationes nor their awne, without sufficient testimonialls from their ministers, or else licence askit to obtaine it be the contractors, under the pains establishit before, against the ministers and contractors, with their parents, to make publick repentance at the commone pillar of repentance, at the discretione of their awne kirks.

Sessio 5^a.

The Kirk assemblit ordayns all ministers to inhibit all civil magistrates to hald their courts within Kirks; if need bees, to admonishe.

The Kirke ordaines all Superintendants and Commissioners to plant kirks in their first Synodall conventions hereafter following, with the advyse of their ministers, to reason and appoint publick fasting if it shall be thought necessar; and also that they appoint certaine brethren to creat unitie and concord among the nobilitie of this realme.

Compierit in Assemblie, Mr Robert Wynrahame, collector of Fyfe, and schaw how he was purgit be ane condigne assyse before the civill magistrat, for the slauchter of Thomas Kinries, citicen in St Androis; nevertheless, because the blood was sched against his will, allwayes he willingly offerit himself to the Kirk for satisfaction of the Kirk.

The Kirk ordaines Mr Robert Hamiltone, minister of St Androis, to declare, after the sermone upon ane Sonday, the purgation of the said Mr Robert of the slaughter, and, therefore, call upon him to repaire before the pulpit, exhorting him to enter in consideration with himself, according as is contenit in the book of excommunication, and thereafter to humble himself, ask God, the congregation, and the partie, pardon, and to uthers that were sclanderit with the fault, &c.

Anent excommunicat persons for now adhereing to the established religion, and not joynit thereto of before, yet nottheless, presently of their awne frie will, submitts themselves, and requires to be receavit in the societie of the faithfull. The Kirk ordaines the saids persones to be receavit be the minister in low and humble habite, with sackcloth, observing the order prescryvit in the book of excommunicatioune in all uther poynts.

Quhair ministers are not in practise of excommunicatione, or will be contemnit in their executiones, it is necessar that the Superintendant, or some uther sufficientlie qualified and authorised, use the same.

If it be lisum to the minister to proceed against the magistrats who will not put to execution the acts of Parliament concerning discipline, and uther particular acts universallie agreit upon be their owne particular congregatione, with the sentence of excommunication?

This is else concludit; admonitions passing dwely before, against them.

Promise of marriage, per verba de futuro, sall be made, according to the ordour of the reformit Kirk, be the minister, exorter, or reader, takand cautione for abstinence till the marriage be solemnizat.

If ane man ravishe a woman against her will, and her parents, and strike her parents under silence of night, and the magistrat will put no correction thereto, Qwhither if the Kirk sould proceed with monitors and excommunicatione to satisfie the sclander? It is lawfull.

Qwhat order shall be taken with her, who, committing fornication with a man, does suffer the same man heirafter to marrie her own sister, and, hearing the bands proclaimit, wad not reveall the impediment, but, be concealing of the cryme, was guiltie of the incest following? Answer, Baith he and she to be punishit according to the discipline of the Kirk, but chiefly the man, and the second cannot be his wife.

Qwhat order shall be taken with them that impugnes proclamation of bands, and chieflie be infamie, and proves not? Let sic persones be punischit according to the discipline of the Kirk as infamous.

It is altogether unthankfull be any minister of God’s word, to receave any benefice be the presentation of a laick persone patrone, under pactione and condition made with the patrone thereof, tending to simonie, viz., that the patrone have the great part of the teinds and the minister the small portione thereof.

What order shall the Superintendant take with a man that hes suitit libertie to marrie thir three or four yeares, being, before his owne particular kirk, inhibited to marrie, because he deflorit a virgine, being his own servant, lest he wald take her to his wife, seeing the judiciall law is not yet receavit, and alse the man hes her discharge of marriage under the forme of instrument before the decreit was pronuncit against him be his awne particular kirk, all things being trew according to the narrative? It is thocht the decreit gine for sic ane cause may be reduced be the Superintendant, and the man may obtaine liberty to marrie: yea, and there is injurie done to him alreadie.

[TWENTY-THIRD GENERAL ASSEMBLY.]

The Generall Assemblie, begun and holdin at Striviling the 6th of August 1571: In the qwhilk war present the Superintendants, Commissioners to plant Kirks, Barrones, Ministers, Commissioners of Provinces, Townes, Universities, and Kirks. Mr Gilbert Gairden chosen Moderator.

Sessio 1^a.

MR JOHN KNOX EPISTLE.

The mightie Spirit of comfort, wisdome, and concord in God, remaine ever with yow.

DEARE BRETHREN--If abilitie of bodie would have sufferit, I sould not have troubled yow with this my rude inditement. I have not forgot what was layed to my charge, be famous lybells, the last Assembly, and what a brag of adversaries maid personall to accuse at this Assembly, qwhilk I pray you patiently to heare, and judge of me as ye will answer to God; ffor unto yow upon that heid, submit I myself, being assurit that I neither offendit God nor good men in anything that hitherto hes beene layed to my charge. And now, brethren, because the decay of naturall strength threatens unto me certaine and suddaine departure frae the miserie of this life; of love and conscience I exhorte yow, yea in the feare of God I charge and command yow, that ye take heed to yourselffis, and to the flock over the qwhilk God hes placit yow pastors. To discourse of the behaviour of yourselffis, I may not; but command yow to be faithfull to the flock, I dare not ceass. Unfaithfull and tryitors to the flock shall ye be before the Lord Jesus, if that with your consent, directly or indirectly, ye suffer unworthie men to be thrust into the ministrie of the Kirk, under what pretence that ever it be. Remember the Judge before whom ye must make account, and resist that tyrannie as ye wald avoyd hell fyre. This battell, I grant, will be hard; but, in the second poynt, it will be harder; that is, that with the lyke uprightness and strength in God, ye withstand the merciless devorers of the patrimonie of the Kirk. Give men will spoyll, let them doe it to their owne perrell and condemnatione; but communicat ye not with their sins, of what estate that ever they be; neither be consent nor yet be silence, but, with publick protestatione, make this knawne unto the world, that ye are innocent of sic robberie, qwhilk will, or it be lang, provock God’s vengeance upon the committers thereof, whereof ye will seek redress of God and man. God give you wisdome and stout courage in so just a cause, and me ane happie end. Att St Androis, 3d August 1571.

Your brother in Christ Jesus, JOHNE KNOX.

Sessio 2^a.

The haill Assembly concludit that certaine brethren, Commissioners shall passe to my Lord Regent’s Grace, Councill, and Parliament, to reasone and conclude upon the heids, articles, and desynes, presentit in his Grace’s name to this Assemblie, to propone, humblie requeist and desyre, in the Kirk’s name, the granting of sic heids, articles, and redress of complaints, as shall be given to them be the Kirk;--the ane and the uther to be concludit alwayes on, conforme to the instructions to be delyverit to them. Commissioners, John Erskine of Dunne, Knight, Superintendant of Angus and Mernes; Mr John Spottiswood, Superintendant of Lawthiane; John Wynrahame, Superintendant of Fyffe; John Row, Commissioner of Nythsdale and Gallaway; Andrew Hay, Commissioner of Ranfrew and Lennox; George Hay, Commissioner of Aberdeene and Banmff; David Lindsay, Commissioner of Kyle, Carrick, and Cunninghame; David Fargysone of Dumferling, John Dunkesone of the King’s Majestie’s house, ministers: John Ogilbie, Ennerquharetie, Knight; Mr William Lundie of that Ilk; James Johnstoun of Elphinstoune; William Cunningham of Cunninghamheid; Hew Wallace of Carnvaill; Thomas Kennedie of Bardgavie; John Schaw of Grinock; Alexander Forrester of Carden, or any elevine of them, to compeir in Striviling, the 22d of this instant, at nine howres before noone, to counsell and reasone in the commissione given in the last Assemblie.

[TWENTY-FOURTH GENERAL ASSEMBLY.]

The Conventione of the Kirk, halden in the Kirk of Leith, 12th Januar 1571(2): In the quhilk war present the Superintendants, Barrones, Commissioners to plant Kirks, Commissioners of Provinces, Towns, Kirks, and Ministers. Mr Gilbert Gardin, continued Moderator.

Sessio 1^a.

The brethren presently convenit, all in ane voice concludit that this present conventione shall have the strenth, force, and effect, of ane Generall Assembly, and that all things be treatit and endit herein, that may guidlie be done, and usit to be concludit in ane Generall Assemblie, nottheless that all sic brethren as may gudlie travell, conveine to the Generall Assembly, to begin in St Androis the saxt day of March nixt to come, and the Moderator to continow to that tyme, and make exhortation according to the rule.

Sessio 3^a.

The Kirk undirstandand that my Lord Regent’s Grace and Counsell was desyreous that Mr Robert Pont sould accept the place of ane of the Senators of the Colledge of Justice, quhilk he would on no wayes accept, without the advyse of the Kirk; Therefore the haill brethren assemblit, gives licence to the said Mr Robert, to accept and use the said place of a Senator of the said Colledge of Justice, what tyme he shall be required thereto: Providing alwayes, that he leave not the office of the ministrie, but that he exercise the same, as he sould be appoyntit be the Kirk; and this their licence to the said Mr Robert, to be no preparative to no uther minister to procure sic promotione, unless the Kirk’s advyce be had of before, and license obtained thereunto.

[TWENTY-FIFTH GENERAL ASSEMBLY.]

The Generall Assemblie, haldine and begun in St Androis, the saxt of March 1571(2): In the quhilk were present the Superintendants, Barrons, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, Ministers, and Mr John Doglass, Archbishop of St Androis: Mr Robert Hamiltoune, Minister of St Androis, Moderator for this present Assemblie.

Sessio.

Anent the complaint gine in be Mr John Rutherfurd, Proveist of St Salvator’s Colledge, against Mr John Wynrahame, Superintendant of Fyfe, for the wrangous disponyng of the viccarage of their commone Kirk of Kilmeny, pertaining to the said Proveist, and his collegs, brether of the said colledge, as also for obtayning of the gift, and giving of ane altarage in the same colledge, situat at St John’s altar, the gift quhereof, the said Mr John, as proveist, alleadged to haue pertaynit to him, be vertew of foundatione of the same; as at length in the said complaynt was containit: requeistand the Kirk presently convenit to take sic order in the premisses, as godliness and equitie requireth in sic sorte, the Colledge and brethren forsaids be not put to expenses in seeking remedie before uther judges. The kirk haveing consideration of the said complaint, thocht meit to haue inspectione of their foundatione of the colledge, and what the same conteinit anent the presentation and collatione of the said viccarage of Kylmenie, and for that purpose gaue commissione to their brethren, Mr John Row, Gilbert Gardin, William Chrystisone, Andrew Hay, and David Lyndsay, to passe to St Salvator’s Colledge, consider and sie the foundatione thereof, and what they find touching the said viccarage of Kilmeny, and to whome the presentatione and collatione thereof pertaineth; and what they happen to finde, to report the same to the nixt Assemblie.

The said brethren return and reportit what they had fund in the said foundation; the tenor whereof follows in thir words:--

Vicarie de Kilmany electio et presentatio ordinaria facienda ad Dominum, prepositivo et ceteros de dicto Collegio graduatos debent pertinere; Quiquiden vicarius omnia onera ordinaria subire tenetur in fundatione Collegii Sancti Salvatoris, ita invenimus ad verbo scriptum testantibus nostris chirographis Subscriptis, ex commissione ecclesiæ adie numeris destinatis, 7. Mensis Martii, 1571. Gulielmus Chrystesone, David Lyndsay, Jacobus Row, Gilbertus Garden.

In respect of the premisses, the Kirk ordayned to wryte ane letter to the Senators of the Colledge of Justice, testifying what they had funde in the said fundatione, anent the presentatione and collatione of the forsaid viccarage of Kilmeny.

Item, Mr John Wynrahame, Superintendant of Fyfe, was accused that he had giuen the Viccarage of Kilmeny to ane that is no minister, nor yet has any functione within the Kirk, wherethrough the minister of the Kirk plantit be himself, is frustrate thereof.

Sessio.

It is concludit that the persone should find bread and wyne to the communion, unless the viccarage exceed the soume of fourtie punds, and in that caise, the Viccarage to furnische the same in tyme cumeing. The Kirk ordayns the Superintendant of Fyfe, to use his awne jurisdictioun as of before, in the provinces not yet subject to the Archbishop of St Androis; and alse requests ane to concurr with the said Arch Bishope when he requires, in his visitatione or utherwayes, within his own boundes, whill the next Generall Assembly: And the said Superintendant to have his stipend as of before; and, in lyke manner, the Superintendants of Angus and Lawthiane, without prejudice of the said Archbishope, except be vertue of his commissione.

[TWENTY-SIXTH GENERAL ASSEMBLY.]

The Generall Assemblie, begun and halden in the Tolbooth of Perth, the Saxt of August, 1572; In the qwhilk war present the Earles, Lords, Superintendants, Barrones, Commissioners to plant Kirks, Commissioners of Provinces, Universities, and Ministers: John Eskine of Dun, Knight, was chosen Moderator be the haill voice of the Assemblie.

Sessio 2.

To the effect that obedience be given to the Moderator presently and hereafter, the haill brethren assemblit, in ane voyce, statuts and ordaynes, that no persone, of what state or degree soever he be of, take in hand to speak without licence, askit and gine, be the Moderator; and after licence obtainit, that the persone speakand, keep moderatione in reasonyng and answering, and alse keep silence when he shall be commandit be the Moderator, under the paine of removeing out of the Assemblie, and not to re-enter therein dureing that conveining; and this to be a perpetuall act for all Assemblies hereafter.

Sessio 3.

Forswameikle as in the Assembly halden in Leith in January last, there was certaine Commissioners appointit to trauell with the Nobilitie and their Commissioners, to reasone and conclude upon diverse articles and heads, then thocht good to be conferrit upon; according to the whilk Commissione they have proceidit to diverse dyatts and conventions, and finallie concludit for that tyme upon the saids heads and articles; as the same producit in this Assemblie proports: In the qwhilks, being considerit and read, are found certain names, sic as Arch Bishope, Deane, Archdeane, Chamber, Chapter; qwhilks names war thocht sclanderous and offensive to the eares of many of the brethren, appeirand to sound to Papistrie; Therefore the haill Assembly, in ane voyce, alsweell they that was in Commissione at Leith as uthers, solemnly protests, that they intend not be using sic names, to ratifie, consent, and agree to any kinde of Papistrie or superstitione, and wisches rather the saids names to be changit in uthers, that are not sclanderous or offensive; and, in lyke manner, protests that the saids heids and articles agriet upon, be only receavit as ane interim, untill farther and mair perfect order be obtaynit, at the hands of the King’s Majestie’s Regent and Nobilitie, for the whilk they will preass, as occasion shall serve: Unto the qwhilk protestation the haill Assemblie, in ane voice, adheres.

[TWENTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie haldin in the Councill House of Edinburgh, the 6th of March 1572(3): In the qwhilk war present Barrons, Superintendants, James Bishop of St Androis, Commissioners to plant Kirks, Ministers, Commissioners of Provinces, Townes, Kirks and Universities. David Fargysone Moderator.

Sess.

Mr John Row complanit upone for solemnizing the band of matrimonie betwixt the Master of Craufurd and the Lord Drummond’s daughter, without proclamation of bands, and in lyke manner out of dew tyme, viz. upon ane Sonday afternoone at prayer. Answerit, that he did nothing but the command of the sessione of his kirke, and my Lord Ruthven, ane speciall elder of the said kirk.

The Kirk, presently assemblit, for certaine good considerations moving them, statutes and ordaines, that no collections for the poor be made in the tyme of the ministratione of the table of the Lord Jesus, nor yet in tyme of sermones heirafter within kirks, but only at the kirk doore.

The Kirk, presently assemblit, ordains the act made against ministers that marries uther parochiners without proclamation of bands, to have effect and strength against Mr John Row, and underly the samen dureing the Kirk’s will.

Sessio 3.

The Kirk assemblit, statuts and ordayns all ministers and uthers beneficed persones, that hes receaved benefices sen the Reformation, to make residence at the kirks where their benefices lyes, and use their office according to the tennor of thair admissione; and if any beis found to doe in the contrare, that they be callit to particular dyats before the Superintendants, or the Commissioners of the provinces where sic benefices are, to whom the Kirk giues power to depose the saids persones, in their visitationes, for non-residence; and whatever any of the saids Superintendants or Commissioners happins to doe in the premisses, to report to the nixt Assembly.

The Assembly, considering that the trauells of umqwhill John Knox, merits fauourably to be remembrit in his posteritie, Giues to Margaret Stewart, his relict, and her three daughters of the said umquhill Johne, the pensione qwhilk he himself had in his tyme of the Kirk; and that for the year next approachand, and following his deceis of the year of God 1573, to their education and support, extending to ffyve hundred merks money, twa chalder wheit, sax chalder beir, four chalder eats.

The Kirk requestit the kirk of Edinburgh to provyde and appoint some learnit, to support Richard Bannatyne to put John Knox historie, that is now in scrolls and papers, in good forme; and because he is not able to await thereupone, upon his awne expenses, appoynts to him the soume of ffourty pound, to be payit of the 81 years cropt.

Sessio 6.

Ordaines all and sundrie Superintendants and Commissioners to plant kirks, to proceed summarly to excommunicatione against all papists within their provinces; and that within eight dayes after they be admonischit, to joyne themselves to the religione presently established within this realme, be hearing of the word of God, partaking of the sacraments, subscryve and giue their oath according to the act of Parliament, and acts agreit upon, betwixt my Lord Regent’s Grace, Secret Councill, and the Kirk.

Sessio 7.

It is statute and ordainit be universall order of this Assembly, that all Bishops, Superintendants, and Commissioners to plant kirks, present themselves in every Generall Assemblie that hereafter shall be halden, the first day of the Assembly before noone, and that they remaine whill the end of the same, under the paine of tinsell of ane halfe of their stipend for ane year, and alse to serve in the mean tyme of the wanting of the said portion of their stipend.

Anent my Lord Regent’s Grace desyre, twiching some of the learnit ministers to be Senators in the Colledge of Justice; The haill Kirk presently assemblit, having at lenth reasonit, whether a minister were able to discharge himself of both the vocations; votit throughout, that nane was able nor apt to bear the said twa charges; and therefore inhibites, that any minister occupying the vocatione of the ministrie take upon him to be a senator, Mr Robert Pont only exceptit, wha is already placit with advyce and consent of the Kirk.

Articles presentit be the Superintendant of Lawthiane, and Ministers within his jurisdictioune.

1. First, that a copie of the acts of the Generall Assembly begine every exercise.

2. That sic matters as falls out betuixt the Synodall Conventione and Generall Assemblies, shall be notit at every exercise, 20 dayes before the Generall Assemblie.

3. That sic matters as are referrit to the Generall Assembly, fra the particular, be pennit be the Superintendant’s clarks, faithfullie reportit to the Generall Assembly be the said Superintendant.

4. That the Generall Assemblie be frequent with the nobilitie and barrons, alsweell as ministers, that the face of the Assembly may be had in reverence as afoirtymes.

5. That sic ministers as have not wherwith to buy books, may have books lowsit to them be the collector, and to allow the pryces thereof in their stipends.

The Kirk approves and ratifies all the forsaids articles as necessary and profitable.

It is thocht maist reasonable and expedient, that Bishops, Superintendants, and Commissioners, purches generall letters, without delay; commanding all men to frequent preaching and prayers, according to the order receavit in their congregations; and also to charge the magistrate, to put the acts concerning the observation thereof, alseweell grantit be parliament as friely, with uniforme consent, the congregations hes condescendit upon, and for executione of discipline and punisching of others.

Giue any man leave his wife and pass out of the countrie, and tarries away the space of seven yeares and marries ane uther woman in ane strange countrie, and else his first wyfe be married upon ane other man in his absence, both are adulterers, unless the sentence of divorcement had been pronouncit be the judge.

It is neither agrieable to the word of God, nor to the practise of the primitive Kirk, that the speciall administration of the word and sacraments, and the ministration of the criminall and ciuill justice, be so confoundit, that ane persone may occupy both the cures.

[TWENTY-EIGHTH GENERAL ASSEMBLY.]

The Generall Assembly, begun and halden in Edinburgh, the saxt day of August 1573: In the whilk war present the Earles, Lords, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, and Kirks, with the Ministers. Mr Alexander Arbuthnot was chosen Moderator.

Sessio.

Because it is understand that certaine of the nobilitie of this realme and Secret Councill are to repare to this Assemblie, Therefore the haill brethren ordaynes, that the haill nobility and councill, with commissioners of provinces, townes, and kirks, having power to vote, shall sitt within the barr of the said Over Tolbooth, and all uthers without the same.

Sessio 2.

The Books of Visitatione of Bischops, Superintendants, and Commissioners to plant kirks, aught to be seen and considerit, and their diligence in their offices; and commissioners were appointit to that effect.

Touching them that receaves excommunicants and order taking thereanent; the haill Kirk presently assemblit, ordains all Bischops, Superintendants, Commissioners to plant kirks, and Ministers of particular kirks, to proceed to excommunicatione againes all receivers of excommunicat persones, if, after dew admonitione, the receavers rebell and beis disobedient, conforme to the order conteinit in the booke of excommunicatione: and whosoever knawes and yet receaves and intertains excommunicat persones, albeit he desist after admonitione, yet shall he underly the discipline of the Kirk, be making of publick repentance, except sic as are except of the law. And to the effect that nane pretend ignorance of the saids excommunicat persons, the Kirk ordaynes and statutes all bishops, superintendants, and commissioners, in the synodall conventions, shall take up in row, the names of the excommunicants within their jurisdictions, and bring their names to the Generall Assemblies, to be published to uthers Bishops, Superintendants, and Commissioners, that they, be their ministers in thair provinces, may divulgat the same in their haill countries where the excommunicants haunts.

Sess. 6.

Alexander Hay, clark of the Secret Councill, presentit certaine heids to the Assembly concernyng the provisione of ministers’ stipends be particular assignationes.

Sessio 7.

Touching the changeing of situation of the paroche kirks, their gleibs, and manses, for the commoditie of the parochiners, The Kirk gives licence to the Bishops, Superintendants, and Commissioners to plant kirks, with the advyce and consent of the parochiners and ministrie of the countrie, to change the paroche kirks, manses, and gleibs frae ane place to another, for the commoditie of the saids parochiners; provyding allwayes, that the charge thereof be not hurtfull to the ministrie, and suretie sufficient be made of the lands in quantitie and qualitie as they were before, to remaine with the Kirk for ever, with mortificatione thereof to the King’s Majestie.

Anent them that consults with witches: The Kirk presently assemblit, ordaynes all Bishops, Superintendents, and Commissioners to plant kirks, to call all sic persones as shall be found suspect to consult with witches before them at their particular visitationes or utherwayes; and if they have been found to have consultit with the saids witches, that they cause them make publick repentance in sackcloath, upon an Sonday in tyme of preaching, under the paine of excommunication if they be disobedient, dew admonitions preceiding.

Anent the uniformitie to be observit in proces of excommunicatione: It is ordainit that Bishops, Superintendants, and Commissioners to plant kirks, shall direct their letters to ministers where the persones that are to be excommunicat dwells, commanding the saids ministers to admonische accordingly; and, in caise of disobedience, to proceed to excommunication, and pronounce the sentence thereof upon ane Sonday in tyme of preaching; and, thereafter, the ministers to indorse the saids letters, makand mention of the dayes of their admonitiones and excommunication for disobedience forsaid, and to report to the saids Bishops, Superintendants, and Commissioners, according to their directione conteinit in the said letters.

Greit men offending in sic crymes as deserves sackcloath; they should receave the samen as well as the puire.

No Superintendent nor Commissioner, with advyce of any particular kirk of their jurisdictione, may dispense with the extreamitie of sackcloath prescryvit be the acts of generall discipline, for any pecuniall soume ad pios usus.

Ane man willing to dimitt his benefice simpliciter, sould dimitt it in the hands of the just patrone.

[TWENTY-NINTH GENERAL ASSEMBLY.]

The Generall Assembly, begun and halden at Edinburgh the saxt of March 1573(4); In the qwhilk war present, Earles, Lords, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. Mr Andrew Hay was chosen Moderator.

Sessio.

The Kirk ordaynes all Commissioners of townes and provinces, that they seek out the haill rentalls of the hospitalls within their bounds respective, and give the same in to their Bischops, Superintendants, or Commissioners, schawand how the samen are usit and abusit, to the effect that my Lord Chancellar may receave the same, and report to my Lord Regent’s Grace; and this to be done betwixt and the tenth of April next to come.

Unto the Lord Regent’s Grace, of Privie Councill, with uthers of the Estates conveint with his Grace, the Kirk Generall, now assemblit, wishes everlasting health in Christ.

It is not unknawne that holy ministrie of God that hes chosen to himself a kirk, and that frae the beginning, whilk shall continow for ever, and the same is the congregatione and companie of the faithfull professors of Christ; and in his kirk God hes appointit his ministers to ministrat, and calls men to be ministers of the same, that be the samen ministrie, the elect of God may be callit, regenerat, and nourishit to everlasting life. For preservation of the holie ministrie and kirk in puritie, the Lord has appointit Assemblies and Conventions, not only of the persons appointed to the ministrie, but also of the haill members of the kirke professing Christ; the whilk kirk of God hes continwallie used and still uses the same assemblies, sanctified be the word of God, and authorised be the presence of Jesus Christ. It is also knawne unto your Grace, that sen the tyme God blessed this countrey with the light of his evangell, the haill kirk maist godlie appointed, and the same be act of parliament authorised, that twa godlie Assemblies of the haill generall Kirk of this realme sould be ever ilk year; alswell of all members thereof in all estates as of the ministers: the qwhilk Assemblies hes been sen the first ordinance, continuallie keepit in sic sort, that the maist noble thereof, the hiest estate, hes joynit themselves be their owne persone, in the Assemblies, as members of one bodie, concurrand, votand, and authorizand all things there, proceeding with their brether: And now, at this present, the Kirk is assemblit according to the godly ordinance, and looks to have concurrence of their brethren in all estates, and wisches of God that your Grace and Lords of Privie Councill, will authorize the Kirk in this present Assemblie, be your presence, or be uthers havand your commissioune in your Grace and Lordship’s name, as members of the Kirk of God; ffor, as your Grace’s presence and the nobilities should be unto us most comfortable, and so most earnestlie wished of all, so your Grace’s absence is to us most dolorous and lamentable; whereof follows the want of ane great part of the members that weill cannot be absent from the treiting of these things that perteins to the Kirk and policie thereof, in assembly altogether, to be handlit be the advyce of all, and to the qwhilk end the Assemblies are appointit, the authoritie thereof your Grace knawes to be sic as the contempt of it tends to the dishonour of God; and, therefore, as ye esteem your selves to be members of Christ and of his Kirk, schaw the fruits thereof; of the qwhilk it is not the leist to joyn yourselves to the Kirk, not only be hearing the word and receaving the sacraments, but also in conveining with your brether in the holy assemblies: The qwhilk to doe we giue you admonitione in the name of the Lord; extending this admonitione to every persone, of whatsoever estate, that are present with your Grace; and specially we admonische the Bishops, and sic as are of the ministrie, to joyne themselffs with us, according to their ministrie and dewtie, utherwayes they will be thocht unworthy of office they beare. The tyme the Kirk will sitt will be short, and tyme would not be neglected, and yet the Kirk is not so rigorous but that men may, after their presence gine in the Assembly, have libertie, as tyme requires, wait upon their laufull business; and this admonitione we giue your Grace with all reverence and humility; and that chiefly in respect that your Grace, be your awne articles and questiones sent to the Kirk, where your Grace desyres first to be admonished charitably whensoeuer offences aryses, before the same be utherwayes traducit.

Certain war appointit to penn the heids concerning the jurisdictione of the Kirk, and to present the same to the Assemblie.

Anent the jurisdiction of Bishops in their ecclesiasticall functione; the Kirk presently assemblit hes concludit, that the same shall not exceed the jurisdiction of superintendants, whilk heretofore they have had and presently hes, and that they shall be subject to the discipline of the Generall Assemblie, as members thereof, as the superintendants hes been heretofore in all sorts.

That no Superintendants nor Commissioners for kirks planting, haue nor shall giue collatione of benefices, nor admitt ministers, without the assistance of thrie of their qualified ministers of their province, who also shall give their testimonialls to the said Superintendant commissioners, subscryvit with their hands in signe of their consent thereto; and in like manner, that no Bischops giue collatione of any benefice within the bounds of Superintendants within his diocie, without their consent and testimonialls, subscryved with their hands; and that Bischops, within their awne dioces, visite be themselues where no superintendants are, giue no collatione ordinare upon benefices, without consent of three weell qualified ministers, as said is, of superintendants and commissioners to plant kirks.

Sessio 5.

Commissioners war appointit to convein with my Lord Regent’s Grace and Lords of Secret Councill, to conferr and reason upon the heads concerning the policie and jurisdictione of the Kirk, and sic uther heads and articles as shall be proponit be his Grace and Councill to them.

Sessio 7.

As concerning the appointing of syndrie kirks to ane minister; to the end the matter may be plainer, and the mynde of the Kirk knawne to all men herein, the Kirk hes declarit, that howbeit syndrie kirks be appointit to ane man, yet shall the minister make his residence at ane kirk, qwhilk shall be properly appointit to his charge, and he shall be callit principallie the minister of that kirk; and as concerning the rest of the kirks to the qwhilk he is nominat, he shall haue the oversicht and help therein, in sic sort as the Bischop, Superintendant, and Commissioner shall think expedient, and as occasion shall serve from his awne principall charge: The qwhilk on no wayes he may neglect; and this order only to remane qwhill God of his mercie shall thrust out moe labourers unto his harvest.

[THIRTIETH GENERAL ASSEMBLY.]

The Generall Assembly, halden and begun at Edinburgh the 7th of August 1574: In the whilk war present, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. Johne Dunkansone, Moderator.

Sessio 1.

The Assembly, understanding that be deceiss of John Gray, their late Clark, the said office of clarkship is vacand, and nane as yet is provided thereto; and therefore before that any proceeding be, it is necessar the said rowme be filled, hes appointit their brethren underwritten, viz. My Lord Deane of Aberdeen, Andrew Hay, James Lowsone, Alexander Arbuthnot, Principal of the Colledge of Aberdein, James Melvill, Clement Little, and David Lyndsay, Minister at Leith, (all Ministers,) to appoint the leitts of them of qwhais number the clark is to be chosen: Qwhilk brethren, all in ane voyse, nominat Mr James Ritchie, George M‘Esone, William Patersone, wryter, Patrick Fylder, servant to Alexander Hay, Clark of the Secret Councill, to be the leits, of qwhilk number the Clark of the said Assembly is to be electit; and in the meane tyme, qwhill the Clark be chosen and receavit, the said Assembly hes ordainit Mr Andrew Milne to supply the place.

Sessio 3.

Anent the creatione of ane Clark of the said Generall Assemblie of the Kirk, it was Votit through the haill Assemblie and concludit, that of the four persons appointit on the leits, Mr James Richie, be reasone the greatest part thereof gave their consent to him, sould be clark, who, in presence of the haill Assembly, solemnly beand sworne to use the said office of clarkship of the Kirk faithfully, made promise to doe the same, and acceptit the said office upon him.

Forswameikle as it is understand to the said Assembly, that diverse ministers within this realme, used the office of Collectorie and Chamberlanrie under bishops and uthers beneficed persones, wherethrough they are avocat from their cures, and giues great occasione to sclander the Kirk; Therefore it is statute and ordainit in this present Assemblie, that from this tyme furth, no minister within this realme, use or exercise the office of Chamberlanrie or Collectorie, under whatsumever beneficed men, whereby they may be abstractit from their vocatione; and the contraveeners heirof to be depryvit of their office, and secludit therefrae.

Sessio 6.

Articles proponit to my Lord Regent’s Grace.

1. That stipends be grantit to Superintendants in all tyme comeing, in all countries destitute thereof, Qwhether it be where there is no Bischops, or where there is Bischops, and may not discharge their cure, as the Bischops of St Androis and Glasgow.

2. That in all Burrowstounes, where the ministers thereof are displacit and serves at uther kirks, that their ministers who servit them before be restorit againe to wait on their cures, and they be not oblidged to any uther kirk, or else that uthers be plantit in the saids touns.

3. That his Grace will giue commissione to certaine gentlemen in euery countrie, that incest, adultrie, witchcraft, and uther sic odious cryms qwhairwith the haill countrey is replenischit, may be punischit.

4. In euery kirk destitute of ministers, sic persons as are present and readie to be plantit, be placit, and stipends grantit unto them qwhais names shall be gine up be the Bischops, Superintendants, and Commissioners.

5. In respect that the ecclesiasticall functione is only distinct offices, of teaching, the Doctor that interprets the Scriptures, and the Minister, to preach and apply the same; his Grace will take ordor that Doctors may be placeit in Universities, and stipends granted unto them, wherby not only they who are presently placeit may have occasion to be diligent in their cure, but also wher learnit men may have occasion to seek places in Colledges within this realme.

6. That his Grace will take ane generall order with the puire, and speciallie in the Abbayes, sic as Aberbrothoc and uthers, conforme to the act made at Leith; and in speciall to discharge teind sybows, leeks, kaill, onzions, be ane act of Secret Councill, whill ane Parliament be conveint, where they may be simpliciter discharged.

7. That his Grace will grant commissione to certane persons in every diocie to sit in causes of divorcement where the parties are poore.

8. That his Grace wald provide qualified persones to vaikand Bishopricks.

9. That his Grace wald cause the buiks of the Assignatione of the Kirk to be delyvered to the Clerk of the Generall Assembly.

Sessio 7.

Forsuameikle as it is understand to the Generall Assembly of the Kirk, that there is diverse persones who, dureing their wyfe’s tyme committs adulterie with other men’s wyfes, and thereafter, after their wyfe’s decease, marryes them wham they of before have polluted in adulterie; Therefore it is statute and ordainit be this present Assembly, that Bishops, Superintendants, and others Commissioners of provinces, charge all sic persones, so joynit in that sclanderous and unlaufull band, to separate themselves and abstaine from others, unto the tyme it be decydit be the Judge Ordinar, if the said marriage be lawfull or not, under the payne of excommunicatione to be execute against disobeyars.

Sessio 8.

Touching the complaint made upon the Bischop of Dunkeld for ministration of the holy supper upon wark-dayes at the kirks within his jurisdictione; It is thought good be the Generall Assembly that the said Bischope forbear the ministration of the said sacrament upon wark-dayes, and cause it to be ministrat upon Sabbath dayes, after the order of the rest of the kirks within this realme.

Sessio 9.

Commissioners war appointit to visit warks that shall be heirafter proponit to be printed. Item, Uthers were appointit to sicht the history of Job compylit be Mr Patrick Adamsone in Latine verse.

For avoiding of Simonie within the haill kirks, the haill Assemblie of this Kirk, as in ane voice, hes votit, concludit, and decreitit, that all sic persones as either bys or sells benefices, or useing any uther kind of cowping thereof, directly or indirectlie, sall be depryvit of all kinde of functione within the Kirk, and the discipline of the Kirk strike upon them with all kinde of rigour and extreamitie;--and the buyers, sellers, or utherwayes cowpers of the benefices, to tyne the same for ever.

Sessio 10.

Qwhither if the parochiners of a towne, or the provest and baillies thereof, aucht to have the election of their own belman and clark? It is answerit, that sic as payes them sould choose them.

The brethren hes thought good, that, in case of any Parliament to be halden, or any uther weightie cause requirand necessary the presence of the bodie of this haill Assemblie, That the Superintendant of Lawthiane, Mr James Lawsone, minister of Edinburgh, Mr David Lyndsay, minister of Leith, make lawfull premonition and advertisement to their brether to be present upon sic competent space before as they sall think needfull; Qwhilk conventione of before shall be recountit for ane Assemblie.

That absents of this Assemblie be summoned to the next Assemblie, to hear them convict of absence, and punishment to be joynit to them at the sicht of the Kirk.

[THIRTY-FIRST GENERAL ASSEMBLY.]

The Generall Assembly, begun and halden at Edinburgh, the 7th of Marche 1574(5): In the qwhilk war present Earles, Lords, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. James Bishop, of Glasgow, Moderator.

Sessio.

Forsuameikle as the greatest part of the doctors, and interpretars of the Scriptures that hes travellit in the interpretation and exposition of the same, hes written and comentit in the Latine tongue, and therthrow it is thocht necessar for sic as enters in the function of the ministrie, to have understanding and knawledge of the same; Therefore, the Generall Assembly of the Kirk hes votit and concludit, that, frae this tyme furth, nane shall be admittit in the functione of ane minister within the Kirk be the Bishops, Superintendants, and Commissioners of cuntries, but sic as have understanding of the Latine tongue, and are able to interpret the Commentars written in the same language, and speak congruous Latine, except sic as, be exemption of the Generall Assembly of the Kirk, for their singular graces and gifts of God, sall be fund also be them to use their functione without knawledge of the Latine tongue.

It is thocht meet, and concludit, that no clark-playes, comedies, or tragedies, be made of the Canonicall Scriptures, alse weell new as old, on Sabbath day nor wark day, in tyme comeing; the contraveiner heirof, (if they be ministers, to be secludit frae their functione, and, if they be uthers,) to be punischit be the discipline of the Kirk; and ordains ane article to be gine in to sic as sitts upon the policie. That, for uther playes, comedies, or tragedies, or uthers profane playes as are not made upon authentick pairts of the Scripture, may be considerit before they be proponit publickly, and that they be not playit upon the Sabbath dayes.

Sessio 8.

Anent ministers proceeding to the marriage of parties, lawfull impediment being proponit unto them, whilk, after hand, is tryit and fund to be of veritie: The haill Assembly referrs the discipline to be usit against sic persones, to the Bischops, Superintendants, and commissioners of the countries where they serve.

Sessio 9.

Anent difficultie proponit upon the presentatioune of Mr Andrew Grahame, presenting him to the bishoprick of Dumblane, under the name of ane preacher, although he had been nane; The Kirk finds that finall conclusion is not yet had, that all Bischops should be first preachers, and alwayes, if he be qualified, the presentation to be obeyit; and yet, for farther tryall, appoints to him Wednesday to exercise in the Magdalen Chappell before the Bischops, Superintendants, and ministers, that may be present, and speciallie the ministers of Edinburgh, and so many of the Chaptir as may be there at ten hours before noune, upon the beginning of the fifth to the Romans.

The Assembly hes willit their lovit brother Mr Robert Maitland, Deane of Aberdeene, Robert Pont, proveist of the Trinitie Colledge, John Brand, James Carmichael, to take travell in visiting and peruising of the saids acts, and sic as are generall with the Generall Assemblies, to mark and nott the samen, that thereafter they may be drawne and extractit out of the books, that all pretext of ignorance may be tane away.

Sessio 12.

It is ordaynit that the Bischops, Superintendants, and ministers in all parts, admonische sic as were Papists, and hes sen the act of Parliament, maid confession of their faithes, and, notwithstanding, hes no wayes yet participat the holy supper of the Lord, participat the sacrament with the rest of the congregation; and if they disobey, their admonitione to be halden as relapse, and to proceed against them as relapse, with the sentence of excommunicatione.

It is thocht meet be the haill brethren that the ministers of Edinburgh and Leith give warning and advertisement to the Bishops, Superintendants, and Commissioners of countries, aucht dayes before the Parliament, to the effect that they may warne the rest of their brethren to be present, to consult and put in deliberatione sic things as shall be thocht, after good advyce, to be proponit to Parliament; qwhilk convention shall be accountit for ane Assemblie.

[THIRTY-SECOND GENERAL ASSEMBLY.]

The Generall Assemblie, halden and begun the saxt of August 1575, in the Over Tolbuith of Edinburgh, where there was present the Bischops of Galloway, Dunkeld, Brechine, Dumblane, Glasgow, and Isles; Superintendants of Angus and Lawthiane, Commissioners of Countries and Townes, with the Ministers. Mr Robert Pont, Moderator.

Sessio.

According to the order and custome of the Assembly, it was proceeded to the examinatione and tryall of the lyfes, conversation, and doctrine of the Bischopes, Superintendants, and Commissioners of provinces. John Durie, one of the ministers of Edinburgh, protests that the tryall as Bischope prejudge not the opiniones and reasones qwilk he and uthers brethren of his mynde hes to oppone against the said office and name of Bischop.

The Generall Assembly ordaynes the Bischope of Dunkeld, betwixt and the next Assembly, to resorte himselfe and his family to Dunkeld, and make his residence there, under the paine of excommunicatione.

The brethren in ane voyce finds great fault with the dilapedatione of this benefice; and ordaines the acts of the Assembly to be usit and considered, if there be any penaltie appoyntit for the said dilapidatione, betwixt and the saxt day of this instant, and continwes their farder determination to the said day.

Sessio 2.

The Bischope of Dunkeld compeirand in the Assembly, desyrit that he might have Mr John Grahame, advocat, to reason for him in the matter of dilapedatione; qwhilk beand thocht a new thing, and, by custome of the Assembly, was finally votit and concludit to be ane novatione, and to introduce some contradictione; and fand him not to be admittit nor no uthers who are not of the functione of the Kirk; and, therefore, ordaynes him to answere, in his awne persone, the 9th of this instant, or to chuse any of the brether of the functions of the Kirk to reasone for him.

Because certaine of the Bischopes and Superintendants compearit not, the first day of this Assembly, it was thocht good to call them and thir absents to be notit.

Complaint that nane of the Universitie of St Androis is present, nor nane to cum here.

Sessio 3.

The brethren appointit to give their judgement anent the habite of the ministers and their wyfes, presentit the same to the Assemblie, qwhilk was found good, and all the brethren serving the functione of the Kirk, ordaynes to conforme themselves and their wyfes thereto, and ordained effectuously to follow the same; qwhairof the tennor followes in thir words:

Forsuameikle as ane comely and decent apparell is requisite in all, namely in the ministers, and sic as bearis function in the Kirk; First, we think all kinds of broidering unseemly, all bagaries of velvet on gowns, hoses, or coats, and all superfluous and vain cutting out, steiking with silks, all kinde of coastlie sewing on pasements, or sumptuous and large steiking with silks; all kinde of costly sewing or variant heuis in sarks, and kinde of licht and variant hewis in cloathing, as red, blew, ʒellow, and sicklyke, qwhilk declares the lightnesse of the mynde; all wearing of rings, bracelets, buttons of silver, gold, or other mettal; all kinde of superfluitie of cloath in making of hose; all useing of plaids in the kirk be readers or ministers, namely in tyme of their ministrie, and useing their office; all kinde of gowning, coating, doubletting, or breitches of velvet, satine, taffetie, or suchlyke; all costly guilting of whingers or knifes, and sicklyke; all silken hatts, and hatts of diverse and light colloures: But that their haill habite shall be of grave collour, as black, russet, sad gray, sad browne, or serges, wirsett, camlet, growgrame, lytes, worsett, or sicklyke; and to be short, that the good word of God be them and their immoderateness be not sclanderit; and their wifes to be subject to the same order.

It appeared to some of the brethren that the lang continuance of Commissioners in their office, should induce some ambitione and inconvenience within the Kirk, and therefore was thocht a matter to be consultit in this Assemblie, Whether it was best that Commissioners of provinces should be changit from year to year from the countries where they travell to uthers? After lang reasoning, the greatest part of the Assemblie thocht best, where men may be had able to use the Commissione, that ane yearly exchange should be.

Ordaines Mr James Lawsone, James, Bischope of Glasgow, Mr Andrew Hay, Mr George Hay, with Alexander Hay, Clerk of Privie Councill, to concive ane article in wreit, concerning the union of paroche kirks, to be presentit the morne to the brethren, to be condescendit be them.

Articles to be presentit to my Lord Regent’s Grace.

1. Imprimis, for planting and preaching the word through the whole realme; It is desyrit that so many ministers as may be had, qwhilks are yet unplacit, may be receivit, alswell in the countrie, to relieve the charge of them that hes many kirks, as utherwayes throughout the whole realme; with Superintendants or Commissioners within these bounds where Bischops are not, to help sic Bischops as hes uther great charge, and reasonable livinges to be appointed to the forsaids persones; and also payment to them that hes travellit before Commissioners in the years of God (15)73-74, and so furth, in tymes comeing, without the qwhilk the trauells of sic men will ceise.

2. That sic impediments be removit away as makes hinderance to the progress of the doctrine, sic as abundance of vice in all parts of this realme unpunischit, marketts upon the Sabbath-day, and ministers troublit in the exercise of their office.

3. That the order already tane toward the poore may be put in full executione to that effect, that anie portione of the teinds qwhilk is their awne patrimonie, alswell of the twa part as of the thrids, may be imployit for their sustentatione, according as necessitie craves; and to this effect, that the hospitalls qwhilks hes been of old, may be restorit to their awne use, notwithstanding any tytle made thereof to uther persones; and also that sic ordinare almes as hes been appointed furth of abbayes or uther benefices, be lang consuetude, may be payit to the poore as of before.

4. Because the schooles are the fountaines frae the whilks ministers must flow, that provisione be made for them, not only for sic as remaynes within the realme, but also for men of good ingyne, qwhilk be the Kirk should be funde to visite uthers countries and universities for their furtherance in learning, and chieflie for Glasgow, because it is new erectit, and hes not sic provisions as uther universities.

5. That sic assignationes as hes been appointed be the Prince and the Kirk, and alterit without the advyce of the Kirk, may be repairit, and that in tyme cumeing sic assignationes shall be appointit not to be alterit without the advyce of the Kirk, utherwayes no minister shall be sure of his assignatione.

6. Qwheir ministers produces letters of horning to the Generall Collector, upon sic persones as are assignit to them for payment, the said Collector may be causit make payment to the saids ministers.

7. That all dayes that heirtofore hes been keepit holy, besydes the Sabbath dayes, sic as Zuill day, Saints’ dayes, and sic uthers, may be abolischit, and ane civill penaltie against the keepers thereof be ceremonies, banquetting, fasting, and sic uther vanities.

8. That all sic ministers and readers as, either be infirmitie or age, becomes unable, may have their stipends dureing their lifetymes.

9. That the Clark of the Assemblie be answerit of the ordinarie stipend appointit to the Clark of before; namely, in respect of his laboures multiplied in wreiting of the haill ministers’ and readers’ letters, alswell for answering them of their stipend as of their gleibs and manses, graces, and that his name may be insert in the book of Assignationes, with his stipend, as use was; and sicklyke be answerit of the year bypast that he hes servit.

Anent the question proponit be certaine brether of the Assemblie of the haill Kirk, Qwhither, if the Bischops, as they are now in Scotland, hes their functione of the word of God or not, or if the Chapters appointit for creating of them aucht to be tollerated in this reformed Kirk? For better resolution thereof, the Generall Assemblie of the Kirk appoynts their lovits brether, Mr John Craige, James Lawsone, Andrew Melvill, Principall of the Colledge of Glasgow, on that ane pairt; George Hay, John Row, and David Lindsay on the uther pairt, to conveine, reasone, and confer upon the said questione, and to report their judgement and opinione thereupone to the Assemblie, before the dissolving thereof, if they be resolvit betwixt and the same.

Sessio 5^a.

Ordaynes ane article to be made to the Lords of the Sessione for the ministers and readers, that they may have expeditione of their proces pursuit before them, that they be not abstractit from their charges.

Sessio 6^a.

The brethren appoyntit to reasone and conferr upon the functione of the Bischopes as they are now in this realme, and of their Chapters, appoyntit for creating of them, be tollerable, and to return their judgment to the Assemblie, gave in their opinione as after follows in wreit, viz., They think it not expedient presently to answer directly to the first questione; but, if any Bischope beis chosen who hes not fit qualities as the Word of God requires, let him be tryed be the Generall Assembly de novo, and so deposit.

The poynts wherein they agree concernyng the office of ane Bischope, or ane Superintendant: First, the name of Bischope is injurie to all them that hes a particular flock over the quhilk he hes ane peculiar charge alsewell to preach the word as to minister the sacraments, and to execute the ecclesiasticall discipline with consent of his elders, and this is his chiefe functione of the Word of God. Attour out of this number may be chosen some to his power, to oversie and visite sic reasonable bounds besyde his awne flock as the Generall Kirk shall appoint; and in these bounds to appoint ministers, with consent of the ministers of that province, and consent of the flock, to whom they shall be appoyntit; also to appoynt Elders and Deacons in every principall congregatione where there is nane, with consent of the people thereof, and to suspend ministers for reasonable causes, with the consent of the ministers foresaids.

Qwhat punischment deserves that minister that marries persones refuised be their ordinare minister, and that in respect they keepit open houses together uncontractit, and wald obey nae discipline, and, qwheir their ordinare minister desyreit them to obey the discipline, they woundit him to the death; upon the morne the said minister married them, who without satisfactione made to the Kirk for wounding their minister? Referrs the punishment of this minister to the punishment againes Mr Patrick Craig.

Parties to be married sould cume before the Assemblie, and give in their names, that their bands may be proclaimit, and no farther ceremonies usit.

The Kirk hes power to cognosce and discerne upon heresies, blasphematione of God’s name, witchcraft, and violatione of the Lord’s day, not prejudgeand the punishment of the civill magistrate.

There is no law establischit, that, after a young man hes lyen with ane young woman that is esteemit a virgine, na marriage proceidand, nor promise alleadgit to hir, may be compellit be any particular kirk, at the suit either of the woman or of the parents, aither to marry her or pay her tocher gude.

Bairnes gotten before marriage, the lawfull marriage following, are lawfull.

Qwhat punishment shall be for that minister that baptises ane murtherer’s bairne not of his owne paroche, on an Munday, not being ane day of preaching, and without repentance of the murtherer, remainand at the King’s Grace’s horne? Answer, he [de]serves deposition.

Gine it be lawfull for any minister to dispense with the number of dayes appoyntit for the repentance of adulterous and incestuous persones, in respect that the lyke obedience cannot be obtained in all places? No answer.

[THIRTY-THIRD GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveint in the Over Tolbooth of Edinburghe, the 24th of Apryle 1576, qwhaire there war present Lords, Barrones, Bischopes of Glasgow, Dumblaine, Dunkeld, Ross, Brechine, Morray, Superintendants of Lawthiane and Angus, and Commissioners of Countries, Townes, Kirks, and Ministers. Mr John Row, Moderator.

Sessio 2^a.

Anent the pluralitie of offices objectit to Mr Robert Hamilton, minister of St Androis: The said matter being lang debaittit with reasons on every side, and riply advyset, The present Assemblie, in respect of the circumstance of place and congregatione of St Androis, finds and declares the twa offices joynit in his persone to be impatible in him. Anent the advyse and opinione of the brethren gine in the last Assembly concernyng the questione movit, Qwhither if Bishops, as they are now in Scotland, hes their functione out of the word of God? The haill Assemblie, for the maist pairt, after reasoning and lang disputatione upon every article of the saids brethrene, opinione and advyse, resolutely approvit and affirmit the same and every article thereof, as the same is given be them, quhairof also the tennor is here reportit.

First, the name of a Bischope is commone to all them that hes ane particular flock over the qwhilk he hes a particular charge, alsewell to preach the word as to minister the sacraments, and to execute the ecclesiasticall discipline with consent of his elders, and that is his chief functione in the word of God.

Attour of this number may be chosen some to have power to oversie and visite sic reasonable bounds besides his awne flocke, as the Generall Assemblie shall appoynt, And, in these bounds, to appoynt ministers, with consent of the ministers of that province, and the consent of the flock whom to they shall be appointed; alseweel to appoynt elders and deacones in every congregatione where there is nane, with consent of the people thereof, and to suspend ministers for reasonable causes, with consent of the ministers forsaids; And to the effect that the saids articles condescendit upon be the said Kirk, may be better followit out and ready executione thereupon as appertaineth, Ordaynes the Bishop, who hes not receivit the charge yet of a particular congregatione, to condescend on the morne what particular flocks they will accept to take the cure thereof.

Sessio 5.

Mrs James Lowsone, Robert Pont, Alexander Arbuthnot, William Chrystisone, John Row, and John Craig, with the Laird of Dunn, are ordaynit Commissioners to visite the Colledges of the Universities of St Androis, and to consider the same, the manner and estate thereof, and what they finde to report to the next Assemblie.

The haill Assembly concludit affirmatively, that they may proceed against any unjust possessors of the patrimonie of the kirks in respect of the notorious sclander; and sicklyke that they may proceed against them, be doctrine and admonitione; and last of all, if no remeid beis, with the censures of the Kirk: and, farther, that the patrimonie of the Kirk qwhairupon the Kirk, the puire, the schooles sould be sustained, ex jure divino, leaveand the farther disputation of sic matter to the first of May next; and then the descriptione of the patrimonie of the Kirk to be inquyrit at that day, and farther reasoning had for resolution of the questione.

Sessio 6.

Certane brethren appoyntit to oversee the booke writtin by Mr George Hay contra Tyrie.

Brethren appoyntit to make ane overture of the policie and jurisdiction of the Kirk: For the wast countrie, the Bishop of Glasgow, Mrs Andrew Melvill, Andrew Hay, James Greige, David Cunnynghame: ffor Lawthiane, Mrs Robert Pont, James Lawsone, David Lyndsay, Clement Little, and Alexander Syme: ffor Fyfe, the Superintendant thereof, with the principall masters of the Universitie: for Angus and Merns, the Laird of Dunn, William Chrystisone, John Row, William Rynd, John Duncansone: ffor Aberdeen, Mr John Craig, Alexander Arbuthnot, George Hay; and thir persones to conveine, ilk cuntrie and rank in the places following, viz. The wast in Glasgow; Lawthiane in Edinburgh; Fyfe in St Androis; Angus in Montrose; the first Tuesday of June nixt to come, to confer and advyse upon the said matter, and make generall meeting or conventione, twa, or ane at leist, of ilk countrie above written, in Striviling, the last day of July thereafter, to communicate and cognosce upon their haill travells and labours taken therein, and to conferr universallie together heirupone, and report what they have fund and conteinit in the said matter, to the nixt Assemblie, qwhilk is appoynt it to be in Edinburgh the 24th of October nixt to come. In case a parliament, the Kirk ordaynes the ministers of Edinburgh to make intimation heirof to the Bischops, Superintendants, and visitors of countries, that the Kirk may be conveint four dayes before the said parliament, and that the barrones and gentlemen be exortit to be present with the commissioners appointit in the provinciall assemblie.

[THIRTY-FOURTH GENERAL ASSEMBLY.]

The Generall Assembly, convenit at Edinburgh the 24th day of October 1576, where there war present Bischopes of Glasgow and Dumblane, Superintendants, Commissioners of Provinces, Townes, and Universities. Mr John Craig, Moderator.

Sessio 2^a.

Mrs John Row, David Lyndsay, Patrick Adamsone, qwha war direct fra the Assembly to suit my Lord Regent’s Grace’s presence at this conventione, or qwhilks authorized be his Commissione, Reportit, That the charge of the Kirk came so suddenly that he could not be present, nor address his Commissioners thereto; alwayes, if the Kirk thinks meit, he shall appoint certaine of the Councill to conveine with the Commissioners, qwhilks the Kirks shall appoynt at sic tymes as the Kirk shall thinke guide, to confer upon sic things as may further God’s glory.

It is thought guide be the Kirk, that sic persones as are alreadie pennit anent the policie of the Kirk as were ordayned the last Assemblie, sould revisit all uthers things qwhilk shall be presently gine in, sichtit and put in guide forme; and to that effect the Kirk requests my Lord Chancellour, the Laird of Lundie, Mrs Andrew Hay, Andrew Melvill, James Lawsone, John Durie, Robert Pont, James Wilkie, rector of the Universitie of St Androis, John Row, George Hay, Clement Little, to conveene at afternoone, and daily dureing the Assemblie, to conferr the things already pennit, with uthers whilk will be gine in and advysit thereupon, collectit together in good forme, and present the same to the Assemblie, before the dissolving thereof.

Because of the multitude of the books of Commissioners qwhilks are to be examinit in the Generall Assemblies, and large tyme spendit therein, besydes sic as are deput thairto knawis not the proceedings of the said Commissioners, sa weil as their Synodall Assemblies: Therefore, it is decreitit and statute be the Kirk present, that the Books of the Visitors or Commissioners be tryit and scene in their Synodall Assemblies, and subscribed be the clerks thereof, and the maist pairt of the said Assemblie, and reportit againe to ilk Generall Assemblie be the Commissioners, that the Kirk may consider their diligence in their affaires.

The Assemblie present hes ordaynit, that all ministers and readers within eight mylles, or wtherwayes at the discretione of the visitor, shall resort to the place of the exercise ilk day of exercise, and namely the ministers that should prophecie, and that should adde: Qwhairin if aither of these twa failzie, that for the first fault, in presence of the brethren of the exercise, upon their knees, they confesse their offence; for the second, that they make the lyke submissioune before the Synodall Assemblie; if they incurre the third, that they be summoned before the Generall Assembly, and receive discipline for their offence: and if they fall in the fourth fault, that they be depryvit of their offices and functions of the ministrie.

The Kirk giues commission to the Laird of Dun to summond Mr James Fotheringhame before him, and to take tryall of the haynous sclander of adulterie betwixt him and Margaret Lyndsay, and of ane pretendit marriage alleadgit solemnizat and compleit betwixt them, and to report his proceedings hereintill to the next Generall Assemblie; with power also to him, to chairge the said Mr James and Margaret Lyndsay, to separate themselfis from uthers, qwhill tryall be takin of the said sclander, under the paine of excommunicatione; and giue they disobey, to excommunicate them: and, in the meantyme, in respect of the contempt of the Kirk, in not making his purgatione of the said sclander before the said Superintendant, being thereto summoned, the Assembly present suspends him from all sunshine and office within the Kirk.

Sessio 3.

Anent the propositione of certaine brethren of the Assemblie, declareand that the Regent’s Grace hes presentit Mr Patrick Adamsone to the Bishopric of St Androis; and that be ordinance of the Assembly, Bischops sould be tryit before them, or they be admittit to the chaptor, Requyrand baith the counsell and advyse of the Kirk herein: The said Mr Patrick answerit, that my Lord Regent’s Grace had discharged him to proceed farther in this matter, in respect the said act and ordinance of the Kirk is not accordit on; and therefore he wald not medle further and make instance therein; qwhilk answer the Kirk thocht sould be gine to my Lord Regent’s Grace be the chapter.

Sessio 4.

Mr Patrick Adamsone, John Row, and David Lyndsay, desyrit provisione to be made for the visitors of countries, according to the division and order takin in the Assembly, &c.

His Grace answerit concerning the visitors, that he would be advysit with the rowes and the Collector, &c.

Alexander Hay, clarke to the Secret Councill, presented to the Assembly certaine questiones, qwhairof he craveit decesioune for the better expeditioune of the platt; declaring it to be my Lord Regent’s Grace will, at the least so many as may now have resolutione.

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]

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... 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.

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.]

The Generall Assembly, conveint at Glasgow, the 24 of Aprille 1581, where there was present the Commissioner for the King, the Laird of Capringtowne.

Sessio.

Exhortation beand made be Mr Andrew Hay; Mrs Robert Pont, David Lyndesay, and William Chrystisone, were put in leits, and the said Mr Robert, be pluralitie of votis, was chosen Moderator. Assessors, Mrs Andrew Hay, James Lawsone, David Lyndsay, Thomas Smetowne, William Chrystisone, the Lairds of Braid, Downrod, and Pilrig.

Forsuameikle as, for purgatione of the ministrie from unworthie persones that had enterit in the functione thereof, to the greit sclander of God and his Kirk, Ordour was taken in the last Assemblie, that all men, alseweell Barrones, Gentlemen, as uthers of the functione of the said ministrie, sould giue up the names of the saids persones unto the Kirk, as they will answer to God upon their consciences, not the less be schortness and inlaike of tyme, no greit effect followit, so that yet the sclander lyes upon the heid of the Kirk; Therefore, yet as of before, the Assemblie requires all men, as they tender the glory of God and the weill of his Kirk, that they delate and giue up the names of sic persones in wreit, the morne afternoone, that order may be taken for removeing of the greit sclander aryses to the Kirk be sic unworthie persones.[21]

Sessio 5.

Anent the act made in the Assemblie at Dundie against the Bischops beand, some difficultie appearit to some breither to aryse be the word of office conteinit in the said act, what sould be meint thereby: The Assemblie present for the maist pairt of them that votit and was present at the Assemblie in Dundie, to tak away the said difficultie and resolve men of the trew meining and understanding of the said act, declareit they meanit haillilie to condemne the estate of Bischopes as they are now in Scotland, and that the same was the determinatione and conclusione of the Kirk at that tyme.

The Laird of Capringtoun presentit the King’s Majestie’s Letter unto the Assemblie concernyng also ane Commission from his heines to concurr with the Assemblie, together with certain rowes containing the planting of the kirks, and the number of the presbytries, with the kirks of every presbytrie, qwhilk the Kirk ordaynit to be considerit be Mrs John Ross for Rosse, John Ines for Morray, the Commissioners of Aberdeene for Aberden, William Chrystisone for Merns and Angus, Duncan M‘Call for Dunkeld, Thomas Buchanan and David Fargusone for Fyfe, John Johnstoune and Mr Adam Johnstoune for Edinburgh, James Carmichel for Haddingtoune, George Johnstoune for Jedburgh, the Laird of Luce for Lanerk, Androw Hay for Glasgow, John Young for Dier, John Clappertoune for the Merss, William Duncansone for Gallaway, and to conveine the morne at sax houres to sicht the samen, and to report their judgement thereof to the Kirk.[22]

Mr Patrick Gallaway transportit to Perth, Mr Alexander Arbuthnott transportit to the ministrie of Aberdeene, and ordaynit to demitt the principalitie of the Colledge in the favours of Mr Nicoll Dalgleish.

Anent the King’s Majestie’s Petitioune presentit in wreite and exhibite to the Assembly this day be his Grace’s Commissioners, with the answer unto the Articles gine in be the Kirk unto his Heines, and the copie of ane Letter to be direct to the Barrones, Gentlemen, and Ministers, for unione and discipline of the Kirks, with the names of the persones to be chargit to take travells therein. The Kirk, understanding thereby the godly zealous meaning of his Majestie, praisit God greatly, that had movit his heart to have ane care of his Kirk; and first entering to the consideratione of the Answers made to the Articles of the Kirk, thocht good that thir Articles be insistit in at his Heines hand and Councill; his Honor and Councill to be earnestly desyrit to appoynt a Judge in Edinburgh to cognosce and judge upon injuries and wrangs done to ministers in executione of their office, and to punische according to the qualitie of the crymes, according to the forme of punischment to be gine in be the Kirk; and that his Heines wald appoynt Mr John Skeene procurator for the ministers that are so injured: 2^o, That an act of Parliament may be made concernyng the deposition of ministers, and the causes at lenth to be specified in this article: 3, That the benefices vaikand be disponit to the ministers where the benefice vaiks, if they be able, according to the meaning of them that conferred at Striveling.

Anent the King’s Petitions.

As to the first petitione concerning the forming of the Articles agreit upone in the conferrence, The Kirk appoynts Mrs Robert Pont, David Lindsay, John Skene, Thomas Craige, and John Craige, to that effect. As to the second, delayit quhill afternoone; as to the 3d, reasonable, and agreit upon: the haill rest referrit to the reasonyng at afternoone.

The Tennor of the King’s Majestie’s Petitions gine in be his heines Commissioners.

Instructions to our trustie and well-belovit William Cunninghame of Capringtoune, direct be us with advyce of the Lords of our Secret Councill.

To the Generall Assemblie of the Ministers of the Kirk convenit at Glasgow, the 20th of Aprile 1581.

Ye shall delyver our letter unto them, and let them understand that sic of their number as travellit with us, having desyrit of us answer to their articles sent from the Assembly halden in Dundie, 3d July last, We causit sum of our counsell conferr with them severall tymes in October last, as also now of late, qwhilks all finds the matter towards the thirds of benefices mentionat in the first of the saids articles, as the same is there requyrit, not to be the readiest meine, either to make the ministers assured of their stipends and livings, or yet to make us to have any reasonable support thereby, for reliefe of the commone chairges of our estate, there being so great alteratione and diminutione of the rents, and so great confusione utherwayes enterit in that matter, dureing thir 20 yeares and mair now bypast; and that thereby their behoves ane forme and order be prescryvit unto, mair licklie to have continuance to the posteritie to come: To the removeing of all occasions of complaint for the furtherance thereof, there is be commandment and advyce of sic of our councill and the ministrie as conferrit in this purpose, some forme drawne, how Elderschips may be constitute of a certaine number of parochines, lyand together; small parochines to be united, and the greit dividit, for the better sustentation of the ministrie, and the more commodious resort of the common people to their kirks. There is also the forme of letter of ours to be written to some of the principall noble and gentle men, and certaine of the ministers within the bounds of every Elderschip, to conveine, advyse, and reporte unto us their advyce in all things requyred be us in our said Letter, betwixt and the 24 of Junii nixt. This we thocht convenient to communicat with yow to the Assemblie now to be convenit at Glasgow, requyring them in our name to consider thereof, and to send to us their judgement and opinione anent this intendit wark, and of any thing they wald wische aither to be added or dimminished in the forme of our Letter utherwayes, before the same shall be directed: qwhairanent, if care and diligence shall be taken be them, as our intention, God willing, is to doe, to the forderance thereof, as becomes ws, We have no doubt, but God shall send fruitfull success of our travells, to the removeing of the greit disorders and confusions now standing for want of reformatione.

These grounds advysit weill and agreit upon appearandlie, it shall not only really, with reasonable tyme, make the ministers to be surelie provydit of their livings, but it shall bring the ecclesiasticall discipline to be farre better exercisit and execute over all this realme nor it is presentlie; it beand declarit first, what every Presbyterie may cognosce upone; nixt, what shall be in every Synodall Assemblie; and last, what causes shall be devolvit to the Generall Assemblie, and what persones shall orderlie neid to repair thereto, and to have vote therein. The reporte of thir our Letters returning againe the sooner, it may be provydit with diligent travells, in the good order now intendit, may take beginning at the first day of November nixt without delay, and if our Parliament upon any necessar occasione shall be conveinit. In the meane tyme, the said ordour, or sa meikle thereof as shall be in readiness, may be past and approvit in forme of law.

The second article was answerit in sic sort as we trust they were satisfied therewith.

To answer the third article, the desire thereof must be more speciall before it receave ane speciall answer: they have to consider in qwhais default and negligence the persons complaint upon in their forsaid article, remaynes unpunisched. Our answer to the first article is sufficient, qwhill upon farder advyse it may be made more speciall.

We doubt not also but our answer to the saxt article shall be found reasonable upon speciall conferrence had thereanent, and that their desyre, if it were grantit in the forme requyrit, could not but induce inconvenients.

There is order taken anent the desyre of the sevent article.

There is same order alreadie begune for the farther help of the Earle of Arrane, qwhilk shall be followit as occasione shall serve.

We have causit and yet will cause, the conferrence to be keepit, for furthsetting of all things requisite, that may set fordwart the Policie qwhill the same may be establischit be law.

Our former answers are reasonable, and no insisting has been in the contrare in the matter sensyne.

Mairover, ye shall lat the Assemblie understand, that in the particular conferrence bygane, syndrie matters hes beine agriet upon in generall termes as they were talkit and put in memorie, but yet are not put in sic forme and termes as war meit to put them in Articles in Parliament, to be past and approvit as particular Lawis; and therefore let the Assemblie appoynt some of their number to extend and put thir articles in sic forme and order as they wald wische them to be past in Parliament, specially in thir heads, viz. That the Assemblie will cause inquyre and cause informe us of the speciall names of the persons culpable in the faults nottit in their last Assemblie halden at Dundie, viz. That the Bischopes and Commissioners may be admonisched to refuse Readers the titles of benefices vaikand since the first day of November last bypast, although presentatione have happinit or happine to be; that the Assemblie declare how many sufficient and weill qualifiet ministers there is presently in Scotland, and in what place they wische them ratherest to serve.

And that they give their advyce how the remanent kirks, whereunto ministers cannot be had presently, may be servit, qwhill mair ministers may be had, and that the present auld possessors of the benefices be departit this life.

That they give us thair opinione and advyce of that portione of the rents pertayning to the kirks before the alteratione of Religion, qwhilk they think shall fall to us in case all benefices were now vaikand; and in the meine tyme qwhill they be, qwhat We shall have yearlie for the supporte of our estate and publick affaires of our realme.

That they consider the forme and proceeding, how the taxt for the speciall meins pairt shall be payit in tyme cuming.

As also to make us some licklie and good overture for the personages that shall occupy the place of the speciall estate in our Parliament in tymes cuming, after the decease of the present possessors of the place, in respect of the greit decay of the rents thereof.

That they send us their good advyce how ane forme of Judgement may be established, qwhill a Parliament, for calling of persones provydit to benefices sen our coronatione, to be depryvit therefrae upon the clauses irritant conteinit in their provisiones, for not doing their dewties in their vocationes, but leaving their charges and medleing with their secular benefices.

That the Assemblie giue their advyce upon the forme of presentation that We shall giue to these to be provydit to benefices, if this order take effect; qwhom to our presentatione shall be direct; qwhat shall be the forme and order of the tryall; and how shall the persone presentit be tryit, and what forme of admissione or collatione?

For ane grund thir heads are to be considerit.

That besyde the Diocie of Argyll and the Isles, of qwhilks boundes never rentalls war yet gine up, there is in Scotland about nyne hundred and twenty-four kirks, countand fyve score to the hundreth. Of thir, syndrie are pendicles and small parochines, and many kirks demolischit. Some parochines also are of greater bounds nor the parochiners may conveniently conveine to their paroche kirks. It lies bein thocht meit, therefore, to reduce thir nyne hundreth and twenty-four kirks to vj^c. and at every kirk to have ane minister, their stipend and living to be in four degrees.

Ane hundreth at 500 merks the piece. Ane hundreth at 300 merks the piece. Ane hundreth at 100 punds the piece. Ane hundreth at 100 merks the piece.

Or somewhat mair or less, as it may be neir thir soumes, beneath or above; all stipends and livings to be modified according to the possibilitie of the rent in that place. Thir considerationes are to be taken in, although all the benefices were presently vaikand.

Qwhair the parsonage and viccarage pension at any kirk are now severall benefices, to be all unitit and annexit in ane, for the better sustaining of the minister there.

Thir six hundred kirks to be devydit in fyftie Presbytries, twenty to every presbytrie, or thereabout.

Thrie of thir Presbytries, or moe or fewer, as the countrie lyes, to make ane diocie, according to ane forme after following, to be considerit of.

Of thir number, certaine of the Presbytries shall be the Synodall Assemblie, and ilk Synodall Assemblie shall appoynt the place within that province for thair nixt Synodall.

Of persones direct from the Synodall Assemblies, shall the Generall Assemblie consist.

Kirks devydit in quarters shall be provydit to ane man:--And if these quarters be annexit to any uther benefices, the quarters to be disseverit out of the provisiones of the persones to be provydit to these benefices when they vaike.

The Kirks devydit unto Prebendaries, to be gine to the ministers as they vaik. All benefices provydit to ministers, to be devydit the yeir of their deceis, equallie betwixt their wyfes, children, or executors, and the intrant minister.

Young men new come from schooles, shall only be promotit to the benefices and stipends in the low degree; and the eldest, of the greatest learning and judgement, to be promotit to the highest rank; and so to ascend gradatim, as they shall be judgit and tryed worthiest, from three year to three year, for the better eschewing of ambition and avarice; and that the chairges of the greater congregationes shall not be committit to young ministers at the first, nor shall they be preferrit to the eldest, of greater gravitie and judgement, at the first.

The estate of all prebendaries to be agnoscit and considerit, qwhilks are foundit upon the teynds of the paroche kirks, and qwhilks are temporall lands, To the effect that sic Prebendaries as are foundit upone teynds, may accress to the living of the ministers serving at the kirks, and the uthers to be provydit for the helpe of the schooles in the best forme that may be devysit.

And alwayes the Laik Patronages to remaine haill and unjoynit or provydit, except it be with consent of the patrones.

ANE FORME OF THE PRESBYTRIES AND DIOCIES.

Orkney, { Tingwell. { Kirkwall.

Kathnes, { Wick. { Dornach.

{ Striveling. Edinburgh, { Lynlithgow. { Dalkeith.

Hadingtowne, { Hadingtowne. { Dumbar.

{ Channonrie. Rosse, { Tayne. { Dingwell.

{ Forress. Murray, { Elgen. { Innerness.

Bawmfe, { Aberdeene. { Innerowrie. { Kyncardinonell.

Angus, { Dundie. { Keremure. { Kethenis.

Mernis, { Fordonne. { Bernoy.

{ Perth. Dunkled, { Dunkeld. { Creiff.

{ St. Androis. St. Androis, { Falkland. { Dumfermling.

{ Chirnsyde. Jedburgh, { Dunse. { Kelsoe. { Jedburgh.

{ Melros. Peblis, { Peblis. { Bigger.

{ Lanarick. Glasgow, { Glasgow. { Dumbartane.

{ Aire. Aire, { Irving. { Mayboll. { Cammonell.

Gollaway, { Qwhitterne. { Kirkcudbright.

{ Drumfries. Drumfries, { Penpont. { Lochmaben. { Annand.

Sessio 8.

Anent the report of the breither appoyntit to consider the platting of the kirks gine in to them in rows, and to report their judgement what they think meit to be reformit therein; a greit part of the saids rows beand reproducit with their judgement qwhilk they could presently resolve upon in sic schortness of tyme qwhill they be farther resolvit with advyce of their countries; The haill Assemblie thocht meet that ane beginning be had of the Presbytries instantly in the places after following, to be exemplator to the rest that may be established heirafter.

The Presbytrie of Edinburgh.

Edinburgh. Halyrudehouse. Castle of Edinburgh. The Wast towne of Dudinstowne. Leith. Restalrig. Mussilburgh. Natoune. St Cuthbert. Corstorphing. Cramond. Gogar. Ratho. Kirknewtowne. Currie. St Bothomes. Hayles. Libbertowne.

The Presbytrie of Dundie.

Dundie. Balumbie. Maines. Strethmartane. Monoswith. Murrois. Logiedundie. Liff. Innergowrie. Tealing. Lundie. Benun. Auchterhouss. Inchesturie. Rossie. Langforgund. Foulis. Inneraritie. Kirkbriddoll.

The Presbytrie of St Androis.

St Androis. St Leonards. Seress. Carraill. Anstruther. Carnbie. Newbirne. Dymminow. Kylconquhar. Abercrombie. Largo. Cowper. Auchtermoonsie. Lewchars. Forgownd. Balmerinoch. Logiemurth. Kylmaine. Darsie. Kenbege. Kylrinne.

The Presbytrie of Perth.

Perth. Kynnowll. Kynfauns. Methven. Pittwarror. Kynclevine. Logybryd. Auchtergowine. Scoone. Cambsmitchell. Tibbermure. Dumbarnie. Rynde. Duppline. Abernethie. Dron. Arngask. Mucarsie. Forgundine. Aberdagie. Fortiviet. Monzie. Regortowne. Loncardie. Trinitiegask.

Presbytrie of Striveling.

Cambuskenneth. Logy. Dumblaine. Lycrope. Kylbride. Aberfull. Port. Clackmanan. Tulliebodie. Tullieallane. Kylmadock. Kyncarden. St Ninian’s Kirk to be devydid. Larbarr. Dunnipace. Kirk of Mure. Kyppey. Alvethie. Tillicultrie. Kylmahugo. Leney. Callendrech. Airthe. Brothkenner.

The Presbytrie of Glasgow.

Glasgow. Campsie. Fintrie. Strabrane. Caldar. Monkland. Lenzie. Ranfrew. Inchynnane. Cambuslaing. Rutherglen. Carmanock. Bothwell. Schottis. Paislay. Merines. Neilsone. Kilbryde. Torreiss. Gowane. Blantyre. Eistwoode. Cathcart. Monyabrock.

The Presbytrie of Aire.

Aire. Alloway. Tarboltowne. Barnwell. Cumnock. Monktoune. St Kenockis. Prestick. Wchiltrie. Auchinleck. Mauchlen. Gastowne. Qwiltoune. Cragy. Riccartowne. Dundonald. Symontoune.

The Presbytrie of Irwing.

Irwing. Large. Kylbryd. Ardrossan. Kylwynning. Kilmarnock. Lowdon. Dalry. Dunnalop. Kilbirney. Beith. Kilmauers. Prestowne. Dreghorne. Stevinsone.

The Presbytrie of Hadingtowne.

Hadingtowne. Elstarfred. St Martine’s Kirk. Bowden. Sowtrey. Bothaines. Morhame. Ormstowne. Aberladie. Gulane. Northbervick Paintland. Saltowne. Tranent. Seatone. Barraw. Garwont. Fala. Rothinschell. Keithhumbie.

The Presbytrie of Dumbar.

Dumbar. Spott. Lyntone or Prestonekirk. Innerweik. Auldhamsteiks. Coldbrandispeth. Awld Cammous. Qwhittinghame. Stentowne. Qwhytkirk. Bass. Auldham. Tinnynghame.

The Presbytrie of Chirnsyde.

Chirnsyde. Foulden. Mordingtowne. Coldinghame. Ayttowne. Lammertowne. Wintowne. Fischweik. Horneden. Wpsettlingtowne. Lainell. Hirsell. Simprem. Hiltoune. Qwhitsone. Eldrem. Bonkle. Prestoune. Ellana. St Bothanes. Dunss. Langformagus. Cranschaws. Langtowne. Foggow. Swintowne.

The Presbytrie of Linlithgow.

Linlithgow. Bynnie. Caldercott. Caldercleir. Strabrock. Inchmachame. Kirklistoune. Auld Cathie. Drummaine. Torphichen. Bathcat. Levingstowne. Kynnell. Carridden. Slamannane. Abriecorne. Falkirk.

The Presbytrie of Dumfermling.

Dumfermling. Carnock. Innerkething. Ressythe. Auchterdirie. Ballingarie. Aberdour. Dalgatie. Auchtertool. Kirkaldie. Ginghorne Eister. Ginghorne Waster. Dysert. Weymes. Methell. Ginglassie. Culrosse. Crumbie. Torrie. Saline. Cleisch. Muckart. Dolor. Glendovan.

And to the effect this ordour of Elderschips may be establisched in the saids townes with the better expedient and mair convenient forme, they have namit the breither underwritten, to take care and travells, and to sie the same constitute betwixt and the last day of May nixt to come, viz. For Lawthiane, Mrs Robert Pont, Adam Johnstowne, James Carmichael: ffor Fyfe, David Fargysone, Thomas Buchanan: ffor Angus, the Laird of Dun, Mr Chrystiesone, James Andersone, James Melvill: ffor Striviling and Linlithgow, Robert Montgomrie, John Duncansone, the Bischope of Dumblane: ffor Glasgow, Andrew Hay, Thomas Smetoune, Andrew Polwart, and the Bischop of Glasgow: for Aire and Irving, John Porterfield, John Young, John M‘Corie: ffor the Merss, John Clappertoune, Patrick Gaitts: ffor Perth, the Minister there, William Rynd, and William Edmestoune; Ordayning every Elderschip in the first Assemblie to be halden, to chuse out of their numbers ane Moderator to continew till the nixt Synodall Assemblie.

Sessio 9.

Forsuameikle as travells hes been taken in the forming of the Policie of the Kirk, and diverse sutes made to the Magistrate for approbatione thereof, qwhilk, albeit as yet, hes not taken the happie effect qwhilk good men would crave; yet that the posteritie sould judge well of the present age, and of the meining of the Kirk, the Assemblie hes concludit that the Book of Policie agriet upon in diverse Assemblies before, sould be registrate in the acts of the Kirk, and to remaine therein, ad perpetuam rei memoriam, and the copies thereof to be taken be every Presbytrie: of the qwhilk Book the tenor follows:

HEADS AND CONCLUSIONES OF THE POLICIE OF THE KIRK.

[The Book of Policie, or Second Book of Discipline, has been already so often printed, in Dunlop’s Confessions, the Compendium of the Laws of the Church, and separately, along with the First Book of Discipline, that it is deemed unnecessary to encumber the present work with a reprint of it from the Assembly’s Register.]

Anent the CONFESSION OF FAITH lately set furth be the King’s Majestie’s proclamatione, and subscribed be his Heines, The Kirk, in ane voyce, acknowledges the said Confessione, to be ane trew and Christiane Confession to be agriet unto be such as trewly professe Christ and his trew religion, and the tenor thereof to be followit out as the samin is laid out in the said proclamatione.

Ane method of Preaching to be printed and putt in Scotts be Mr Thomas Smeton.

Forsuameikle as Abbots, Commendators, Priores, and Bischops, provydit of auld, under the name of Ecclesiasticall, bruiks the rents and revenews of the Kirks, without exercising any spirituall functione thereof, or recognoscing the true Kirk, devowring the patrimonie of them, and daily diminisching the rents of their benefices; The Kirk and Assembly present, hes determined and resolved, that all such persones before named, shall be cited before the Presbyteries, to compeir before the next Generall Assemblie of the Kirk, to submitt themselves thereto, as they will answer unto the Kirk.

Anent Readers; Forsuameikle as in Assemblies preceiding, the office thereof was concludit to be no ordinar office in the Kirk of God, and the admissione of them suspendit to the present Assemblie: The Kirk, in ane voyce, hes votit and concludit farther, that in no tymes comeing any Reader be admittit to the office of Reader, be any haveing power within the Kirk.

Ordaines the Commissioners of Countries to give in the names at afternoone with the persons they think meit, to the union and divisione of the Kirks.

Certaine appoyntit to forme the Articles agreit on in conferrence.

The advyse of the Kirk concerning the direction of Presentations, that they be directit to the Presbytries.

To crave of his Grace for performance of the wark intendit, that prelats be dissolvit.

Sessio 10.

Anent the place of repentance to be appoyntit to Captaine Anstruther for his fearfull defectione from the trew religione in the parts of France; the haynousness and gravitie of his defectione being weill weyit and considerit, qwhilk requyrit solemne and notorious repentance,--The Kirk hes thocht meit, and be voteing concludit, that his repentance be made in the city of St Androis, after the forme of discipline sett out against the apostates.

[FORTY-FOURTH GENERAL ASSEMBLY.]

The Generall Assembly, conveint at Edinburgh, the 17th of October 1581, qwhair there was present the Commissioners.

Sessio.

Exhortatione made be Mr Robert Pont. Leitts, Mrs John Craig, Andrew Melvill, David Lyndsay, and John Duncansone; the said Mr John, be plurality of votis, was chosen Moderator hac vice, whose absence before noone, the said Mr Robert was ordaynit to supplie. Assessors, Mrs James Lawsone, Robert Pont, Andrew Hay, Andrew Melville, David Lyndsay, Thomas Smetowne, Alexander Arbuthnott, Andrew Polwart, and David Fergusone.

Sessio 2.

The Assemblie ordaynit Mrs Adam Johnstone and John Durie to pass to the King’s Majestie in name of the Assemblie, desyring his Heines to direct Commissioners from his Grace to see the proceedings of the Assemblie, and continew therein; quha returning, declareit that for sundrie affaires of Counsell he could direct nane qwhill Thursday, and that day his Grace sould send some instructed with his commissione.

The haill Bishops being called, nane was present but Dunblane.

Anent the constitution of Presbytries appoyntit in the last Assembly; The persones to whom the charge thereof was committit, being callit to giue ane account of their diligence herein: ffor Lowthiane they had not proceidit: anent Lynlithgow, be reason that thir diverse yeares bygane, no Exercise hes been there, besyde the inlaike of ane good moderatour, and therefore thocht it meitest that the Presbytrie sould have bein in Calder, where the Superintendent micht be had to be Moderator; allwayes referrs that to the brether.

After voteing, the Kirk concludit that the Presbytrie be still in Linlithgow qwhill the next Assemblie, and no transporting nor change of the place of the Presbytrie, without the determinatione of the Generall Assemblie, as lykewayes of all uther Presbytries; admonisching also the towne of Lynlithgow be their Commissioner, that if good concurrance be not had be them therunto, that the Kirk wald transport the Presbytrie from them. The rest of the Presbytries referrit to farther deliberatione and diligence.

Sessio 3.

For eschewing of sic misorder as fell out in the persones of Alexander Mure, minister at Falkland, quha married persones divorced for adulterie, and Alexander Foster, minister at Tranent, who baptized ane bairne in ane priuate house, as lykewise ministratione of the Lord’s Supper and celebratione of marriage in priuate houses; It is concludit be common consent of the haill brethren, that in tymes comeing, no marriage be celebrate, nor sacraments ministrat in priuate houses, but solemnlie according to good order hitherto observit, under the paine of deposition of the persones that wses the said ministratione from their office and functione of the ministrie in tyme cuming.

Sessio 4.

The Assemblie of the Kirk gives full commissione to the Elderschip of Dundie to call the Maister of Gray before them, to give ane account of his professione, and to give confession of his fayth, and to proceed against him according to the acts of the Kirk, and that with all possible diligence.

Sessio 5.

His Majestie’s Commissioners inquyrit of the Commissioners of the Kirk, in caice the Kirk damned the office of Bischops, qwherunto alse is annexed ane temporall jurisdiction, wherin the Kirk is servit be voting in Parliament, assisting in his Hienes counsell, contribution in taxations and sicklyke,--qwhat overture they wald shew, qwhereby the King be not prejudged be the taking away of that estate?

For advysing of this head, qwhilk the Assemblie thocht very weighty and of great consequence, they have nominat Andrew Ker of Fawdonsyde, the Lairds of Coldenknowes, Keir, Cardoune, Segey, the Proveists of Edinburgh and Striveling, the Commissioners of Edinburgh, Striveling, Leith, Perth, Montrois, Mrs Andrew Hay, Andrew Polwart, John Porterfield, William Rynde, David Fargysone, John Rutherford, David Lyndsay, William Edmestowne, with the sax brethrene on the conferrence.

Forsuameikle as the King’s Majestie, with advyce of his counsell, hes sett out and proclaimit ane godly Confessione of Fayth, to be imbraceit be all his trew subjects, and be the same expressly giving commandment to the ministrie to proceid against whatsumever persones that will not acknowledge and subscryve the same, qwherein great negligence hes been seen, far by the dewtie and office of trew pastors: Theirfore the Kirk and Assemblie present, hes enjoynit and concludit, that all ministers and pastores within their bounds, with all expedient and possible diligence, execute the tenor of his Majestie’s proclamatione betwixt and the next Synodall Assemblies of every Province, and present before the Synodall Assemblies to the Moderator thereof, the dewtiefull diligence in this behalfe, to be reportit to the next Generall Assemblie of the Kirk, under the paine of deprivatione of the saids ministers from the functione of the ministrie, that beis negligent herein.

Sessio 6.

The brethren appoyntit to conferre upon the overture to be made to the King’s Majestie’s Commissioners concernyng Bischops, Reportit, That after lang reasonyng, they had agreit in this far, that twiching voting in Parliament, assisting in Counsell, Commissioners from the Generall Kirk sould supply the place of bishops: And as to the exercising of the ciuill or criminall jurisdictione anent the office of bischops, the Heritable Bailies sould use the same;--referring to the judgement of the haill Kirk to consider of their answer, if they thocht the same meit to be communicat be the said brother to the King’s Commissioners: qwhilk the Kirk altogether thocht meit, and allowit the judgement of their brether.

Sessio 7.

Compeirit James Melvill, Gentleman of the King’s Chalmer, and presentit unto the Kirk, his Majesties writting concerning tryall to be taken of certaine words alleadged spoken be Mr Walter Balcanquell in his late sermone against his Heines cousine, Duke of Lennox, with credit to the bearer, who schew that in this far he had credit to speak, that because at the last calling of John Durie and the said Mr Robert before the Privie Counsell, upon accompt of their sermones, offence was taken in the Kirk, therefore his Grace laments the matter to the Assemblie, willing them to try the matter and to putt order therein.

The words wherein the Duke’s Grace is offendit are thir; That the said Mr Walter had spoken in pulpit, that within this four years, Papistrie had enterit in the countrie, not only in the court but in the King’s hall, and maintained be the tyrannie of a great campione, who is callit Grace; and if his Grace vald oppone himself to God’s word, he sould haue little grace. Further, concernyng the Bischope of Glasgow, the King’s Majestie desyrit they sould stay any proceedings against him as bischop; yet if there be any uther thing the Kirk hes to lay to his charge, let them use their order.

Hereunto the said Mr Walter answerit, Seeing in the King’s Majesties letter and credite gine to the bearer thereof, he is accusit,--praying the Moderator to suffer him to give his answer thereto; the sum quhairof schortly shall be this: First, he praisit God that he is not accusit of any thing wherein ather civilie or criminallie in his life or conversatione, he hes offendit the King’s Majestie, or his laws, whereunto with all reverence and all tymes he is readie to submitt himself as effeirs, but is accusit of these things whilk he hes spoken publickly in the pulpit, qwherein he hes been mair plaine in reproveing of vice then sum men can goodlie suffer, qwhilk is a very point of his doctrine; qwhilk, howbeit, he heir there callit open sclander, yet he man so justifie the same, that although all the kings of the earth wald call it erroneous, yet he is ready here be good reasone to prove it to be the very trewth of God; and if neid sall requyre, to seall it with his blood. Secondlie, he praises God for this, that of his last accusation, God hes giuen this meikle victorie to this Kirk, that howbeit then it was callit in questione, to whom the judgement of the doctrine sould appertayne, yet as then be good reasone it was concludit and promised be the King’s Majestie, Counsell, and Commissioners appoyntit therfra, to conferr with the ministers in that matter, That in all tymes cuming the tryall of the ministers’ doctrine sould be referrit to the judgement of the Assemblie of the Kirk, as the only competent judge thereto; so now it is performit, and for that he sies that promise now keepit, he thanks God, and is so meikle the more glad to give his answer before their godlie wisdomes of the Assemblie present, as his competent judges in this matter, and that after this manner. As concernyng these things qwhilks he spake in his sermon the last Wedensday, he spake them not quyetlie, but all his breither and all the haill Assemblie heard them, and so, of all wthers, can best judge of the same. Wherefore, with all reverence, he will submitt himself simply unto their godly judgements, alwayes neither being aschamitt of his doctrine, neither yet being myndit to giue advantage to his enemies, so far as he may, whose purpose he knaws against him in this matter. He will only requyre this conditione,--that the canone of the Apostle Paul be keepit to him, qwhilk is this: Against ane elder receiue no accusatione, but under two or three witnesses; according to the qwhilk forme of proceeding, he craues in this matter here.

Are ye, the Assemblie of the Kirk, as competent judges unto him? Here is he ready before your Wisdomes to answer to all accusationes that sall be layd against him, and underly your judgments therunto. Let any man, therefore, according to the canone of the Apostle, qwhilk on no wayes ye can break, stand up here before yow, and say he hes any thing to accuse the said Walter off, either in lyfe or doctrine, and hes two or thrie witnesses readie with him to prove his accusatione: then the said Walter shall answer him as effeirs; for seeing James Melville heard not his doctrine, and therefore will not take upon him to accuse the said Mr Walter, he will superseid farther answer, qwhill he sie his accuser qwhatsumever, to qwhom be the grace of God he sall be ready to answer as accords.

The Assemblie ordayns Mrs Thomas Smetone and Dauid Fargysone to passe to the King’s Grace with this answer;--That seeing Mr Walter is ane brother in the ministrie, the canon of the Apostle must be keepit unto him; and therefore the accuser, with his two witnesses, ocht to be had. Farther, that in respect of the last calling of John Durie before the Privy Counsell, upon ane compt of certaine words alledgit spoken in his sermone, ordour was taken be certaine Commissioners of Counsell and brether of the Kirk, that in case such accusationes afterwards should fall out in the Kirk, sould haue the judgement thereof; and if the King’s Majestie please to send any Commissioners to be present at tryell, they sould see the proceedings of the Kirk; Therefore desyres his Majestie to send Commissioners to sie this matter tryed, seeing the Kirk is most willing to try the same.

Sessio 9.

Anent the establishing of Presbyteries, the Kirk assemblit hes nominat certaine brether to travell diligently in erection of Presbytries, as they shall be severallie devydit, betwixt and the next Assemblie; and ordayns their brother, Mr James Lawsone, to penne the forme in proceeding in erectione thereof, that the brether being informit of the order, may uniformlie proceed therein. For Falkland, Mrs Walter Balcanquall, Patrick Adamsone, my Lord Rothes, Balvaird and Creich.

Sessio 10.

Articles qwhairof Mr Robert Montgomrie, minister at Striveling, was openlie accusit in the Generall Assemblie, anent his doctrine.

1. That publicklie preaching in the kirk of Striveling, he proponit a questione touching the circumcisione of women, and in the end concludit, that they war circumcisit in the foreskin of their forehead.

2. In Glasgow, he openlie taught that the discipline of the Kirk is a thing indifferent, and may stand this way or that way.

3. He accused the ministers that they used fallacious arguments and captious, and that they were curious braines.

4. So far as he could, he travellit to bring the originall languages, Greek and Hebrew, in contempt, abuseing thereto, the words of the Apostle, 1 Corinth. 14--and tauntinglie askit in what schoole were Peter and Paul graduit?

5. To prove the corrupt state of bischops in our tyme, he brocht furth the examples of Ambrose and Augustine.

6. It is sufficient to baptize in the name of the Father only, or in the name of the Sonne, or in the name of the Holy Ghost, because they are all one God, and to that effect alleadgit 19 of the Acts.

7. The matters of Discipline and lawfull calling in the Kirk, he callit trifles of policie.

8. He accused the ministrie of seditione and leise Majestie, saying, exhorting them not to be seditious, nor meddle with hie matters, to leave off, to put on crownes and off crownes, for if they medlit any farther therewith, they wald be reprovit.

9. He condemnit the application of the Scripture to the particular manners and corruptions of men, mockingly asking, in what Scripture they may finde a bischope for a 1000 pund, horse, corne, and pultrie, and when they teache of luife, how cold they fund Judas?

10. He oppugnit the doctrine of Christ, quho pronounces that the most part are rebellious and perische.

11. He denyed, that in the New Testament any mentione was made of the Presbytrie or Elderschip.

12. He accusit the ministers of pasquils, of grudging and murmuring, of trouble and confusione, of lying and backbyting, saying, where is it? who will do it? what fault can they find with the Court? As for myself I find nane.

13. The Kirk being traducit be pasquilles and infamous libells, not onlie purgit he not the Kirk or himselfe thereof, having good occasione, but rather approvit the same.

14. He used his preaching against the ministrie, the very words of the lybell that was cast in the King’s chamber against them.

15. This quarter year bygane, he hes been negligent in doctrine, discipline, and assisting of the Elderschip.

Sessio 12.

Heads referrit from the Synodall of Lawthian to the Generall Assemblie.

1. First, That ane universall order be taken and made be the Generall Assembly, for excommunicatione, tryall, admissione, and ordination of ministers.

2. To inquyre what persone of the ministrie shall designe gleibs and manses; and seeing that the Synodall Assemblie of Lawthiane hes thocht good that every Presbytrie sall direct some of their oune number, to designe gleibs and manses within their awne bounds, we crave the consent of the Generall Assemblie that the same may be universall; and, where there is no presbytrie, to appoynt who shall designe the same.

3. Qwha shall await upone the plat for modifieing of the ministers’ stipends.

4. Qwhat answer shall be gine to the King’s Majestie concerning the union and disiunctione of Kirks.

5. That ane uniformitie be used for summonding of persones before the Presbytrie, and proces that is to be led before the same.

6. To suit that the tryall and admissione of all masters of schools be now joynit to the Presbytries.

7. Seeing we of the Synodall of Lawthiane, hes agreit that disputationes sall be every day of the exercise in every Presbytrie, and speciallie upon such articles as are in contraversie betwixt us and the Papists, for avoyding of negligence of ministers, and to the end we may the better withstand the adversar, that the Generall Assemblie will appoynt the forme thereof.

8. What order shall be used with Ministers and Readers that setts their gleibs and manses, as ye oversie the same.

9. That ane article be suitit be the Generall Assemblie at the Parliament, that all marriages without consent of parents, proclamations of bands, or utherwayes without the awne solemnities according to the order of the Kirk, be decernit null.

10. To crave that ane act of Parliament be made against them that pass in pilgrimage, and uses superstitione at wells, crosses, images, or uther Papisticall idolatrie, or observes feasts and dayes dedicated to Saincts, or setts out beanefyris for superstitione.

11. Seeing the act of Parliament appoynts them that are convict of notorious adulterie, and throw the ambiguous expositione of this word notorious, no execution is used thereupon; therefore, for avoyding the plagues of God hingand above this haill countrie for this cryme, That the Generall Assemblie wald crave that ane act be made in Parliament for punishment of all persones to the death, whosoever are lawfully convict of adulterie.

12. Seeing ane act of Parliament is made anent discharging of mercats upon the Sonday, and no executione hes followit thereupon, qwherthrow the people absenting themselves from the Kirk, and waiting upon the mercat, continews in ignorance, and be these means, Atheisme increases, desyre that sum order may be taken in this Parliament--The execution of the said act, that sum punischment may be appoyntit againes the magistrates that puts not the same in executione, notwithstanding any private dispensation in the contrarie.

13. That ane act of Parliament be made for provisione of gleibs and manses to such ministers as teaches at Abbay Kirks, lyke as they are provydit for others.

14. Because there is ane act of Parliament that all Presbytries and prebendaries shall be gine to scholers to hald them at the schools, and it is of veritie that there is verie many of these sorte that is of cure of saules and paroche kirks, nottheless, be reasone of the act of Parliament, they are gine to courteors; therefore we desyre that there be ane act of Parliament, that all presbytries and prebendaries that hes cure of saules, may be gine to nane but to ministers, and that if any be gine, to be null in all tyme cuming. Sicklyke, Prebendaries foundit to schools and masters teaching the same be gine, conforme to their foundatione, to schoolmasters for instructing the youth; and if the same be disponit wtherwayes, the dispositioune to be null.

Answers made to the saids Headis.

Anent the first article the Kirk hes ordaynit William Chrystesone, Mrs Andrew Melvill, Thomas Smetowne, Alexander Arbuthnott, and James Lawsone, to consider the ordinar and extraordinar houres, and to report their judgement to the Kirk, and Mrs Andrew Hay and Nycoll Dalgleische to assist them.

As to the second, the first part is agreit upon; and qwhair Presbytries are not yet, nor cannot be erectit, the Commissioners qwhilks were before appoyntit to remaine Commissioners yet to that effect.

For satisfying of the third, the Kirk hes nominat the Commissioners underwritten, viz. The Commissioners of Orknay and Zeitland.

For answering to the fourth concerning the King’s Letter, ordayns the Clark Register to be consultit upon the answer.

To the fifth, referrs the forme thereof to be conceivit in wreit be Mrs David Lyndsay and Patrick Adamsone betwixt 6 and 9.

As to the saxt, agreit to be proponit in article to the Parliament.

The 7. referrit to the Elderschips, and allwayes where thir disputationes may be had, the Kirk thinks them good.

For answer to the 8, the acts of the Assemblie to be put in executione against such persones be the Elderschips.

The 9. Ordaynes this article to be cravit at the Parliament, beand first well qualifiet and presented to the Kirk.

The 10 sicklyke--11 agreit--12 sicklyke; and the Kirk to proceed likewise against the violators of the Sabbath day and maintainers of them. The 13 and 14 agreit.

Sessio 12.

Forsuameikle as be the great and many divisiones and deidlie feids rysing in all the quarters of the realme, not only is the word of God and trew Religione burdenit with sclanders, but also the commone weill enormlie woundit and hurt, discipline and all good order confoundit, brotherlie charitie and amitie aluterly contemnit, to the grief of good men’s consciences: Heirfore the Kirk hes injoynit to their lovit brether John Durie, Mrs David Lyndsay, Andrew Polwart, Andrew Hay, Thomas Smetoune, the Ministers of Aire and Irvine, to travell in the Wast; James Lawsone, John Braid, David Lyndsay, to travell betwixt my Lord Gowrie and Olyphant; the Lairds of Culluchie, Kynnaird, the Baillie of Arroll, Patrick Adamsone, William Chrystisone, and Mr James Balfour, to travell in Angus, betwixt my Lord Crauford and Glames, and effectuouslie interveine for reconcileing of the saids pairties and uthers falling out in all thir quarters: requyring them, in the name of God and of the haill Kirk, to live in unitie and peace with uthers as brether and members of one body, and not to giue occasione, be their divisione, of sclander, and open the mouthes of the enemies, to burden the evangell with calumnies, as they will schaw themselves the sonnes of peace.

Sessio 13.

The Kirk, both for provisione of St Androis and uthers burghs wanting pastores, hes nominat certaine brether, out of qwhais number so many shall be electit, to be placeit in the saids roumes qwhais names follows: Mrs James Greig, Alexander Hoome, William Rynd, George Hay, George Patersone, Gilbert Gardine, Alexander Denmure, James Hammiltone, James Melvill, James Balfoure, John Knox, David Lyndsay, Thomas M‘Gie, Michael Cranstowne, James Andersone, and William Auchmoutie, Ordayning the breither that knawis any uthers persones qualified of the ministrie, to giue in their names afternoone.

Anent the corruption of Burialls within the towne of St Androis; the Assemblie hes ordaynit Mr Patrick Adamsone, to put the act of the Kirk to executione against the persones that hes contraveint the same.

Sessio 14.

The haill brether are admonisched to observe the act made alreadie anent the marriage of pairties divorcit for adulterie, under the paine therein conteint, qwhill the questione be fullie resolvit, upon the advyce and consent of the haill Kirk.

Sessio 15.

Anent the desyre of Mr Walter Balcanquall, minister of Edinburgh, desyrand, that according to the King’s Majestie’s directione to the Kirk, his accusatione may be lawfullie tryit, and his accuser and witnesses brocht before; or else, seeing he spak nothing but publickly in face of the haill brethren, that they sould giue their judgment and determinatione in the matter, submitting him reverently unto their wisdomes.

The Brethren present, ordayned Mrs David Lyndsay and Thomas Smetone to pass to the King’s Majestie, and schaw their good will to haue the matter tryed conforme to his wreiting; desyring his Grace for that effect, that the accuser, with his two witnesses, be brocht before the Kirk, as also if it be his heines pleasure to send some Commissioners from the Council, to sie the matter rightly judgit and proceedit in be the Kirk.

Anent the supplication gine in be John Craig, appearand of Ramuscraig, and Agnes Irving his spouse, desyrand that the Commissioners of Edinburgh sould be requyrit to superceid the cause of Barbara Keith against them before the said Commissioners; the saids Commissioners being present, the Kirk requyrit them in this particular, as also in uther things that appears to towch the Jurisdictione of the Kirk, that no wayes they proceid qwhill they conferr with the Prior of Pittenweyme, Mrs Robert Pont, Alexander Arbuthnott, who sall concurre with them the morne at nyne houres, and reasone both anent their jurisdictione and the jurisdictione of the Kirk, that neither of them usurp uthers jurisdictions; and herein to report their judgement to the Kirk; requestand also the saids Commissioners, that dureing the dependance of this conferrence, no farder be proceeded in the said cause; unto the qwhilk conferrence the said Commissioners agreit.

Sessio 16.

The Brethren direct to the King’s Majestie and Councill, reportit, that be reasone of the greit affaires of the King and Counsell, they could gett no answer of such things as they were direct for.

Sessio 17.

The Kirk consentit to the supplicatione of Alex^r. Borthwick, minister at the kirk of Livingstone, quho being an actuall minister and of meine literature, humbly desyrit the Kirk to grant him licence to gang to some universitie within this countrie, where he may study theologie, and haue sum kirk near adjacent to travill there in the ministrie; in the meane tyme so meikle the rather as he hes obteinit leave of his flock quho may at this tyme be easilie provydit.

Ordaynes Mr David Lyndsay to passe to the Session of Edinburgh, and desyre them to declare, if they, or any of them, fand any errors, sclander, or offence in the sermone preached be Mr Walter Balcanquall, upon Wodensday was aucht dayes.

Sessio 18.

Anent the accusatione gine in be Mr Androw Melvill, Principall of the new Colledge of St Androis, against Mr Robert Montgomrie, minister of Striveling, and his answer made thereto verbo before, and gine in this afternoone in his name; the Kirk being resolvit therewith, admitts to the said Mr Androw his probatione, the contents of the saids articles, assigning to him the morrow to prove the samen: And ordaynes the officer of the Kirk to warne Mr Robert to compeire the morne, at ten houres, in the Assemblie, to hear witneses and probatione recevit.

The haill Assembly being of good mynde, and well affectionat to try the poynts of the accusatione gine in be James Melvill, Gentleman of his Majestie’s Chalmer, in name of the Duke of Lennox; and haveing diverse tymes travellit with his Majestie that the Rules of the Apostle sould be keepit to their brother, and the accuser, with his two witnesses, brought before; as likewise, that his Majestie wald direct some Commissioners from his Counsell, to understand herein the just proceedings of the Kirk; qwherin sieing no effect of their suit, yet, for satisfactione of the King’s Majestie’s Letter, and removing all the sclander that may aryse heirby, first direct certaine Commissioners from the haill Assemblie unto the particular Kirk of Edinburgh, qwhereof the said Walter is minister, Requyring of them, if, in the said sermone, qwhilk was made upone Wedensday was aucht dayes, they or any of them had fund, or finds, any word spoken qwhilk was erroneous, sclanderous, or offensive; qwhais answer being reportit be ane brother of their Sessione, that they had heard nothing spoken be him therein that was either erroneous, sclanderous, or offensive, but good and sound doctrine, qwhereof they desyrit the approbatione of the haill Kirk conveint: The haill Assemblie, voting particularly in this matter, but any contradictione, Declareit that they nor nane of them fand or finds any fault in the said sermone, nothing spoken therein that conteint either error, sclander, or just offence, but solide good and trew doctrine; praysing therein God, and justifying their brother of that accusation qwherewith he is chargit.

Sessio 19.

Anent the jurisdictione of the Commissariot of Edinburgh, and wherein they medle with the jurisdictione of the Kirk; seeing the matter hes taken sum reasonyng betuixt the brethren appoyntit, and the Commissioners, and farther reasonyng yet requyrit; The Kirk ordayns Mrs David Lyndsay, Robert Pont, James Lawsone, with the Prior of Pittenwyme, to travell in the conferrence of this matter, as also upon the particular of Barbara Keith, with sic diligence as is possible, and to draw the reasonyng to sum poynt, qwhereof the Kirk may be informit at the next Assemblie.

Sessio 20.

The brethren sent to the King’s Majestie with the articles of accusatione gine in against Mr Robert Montgomrie, returnit his Majestie’s answer: that he had received them very thankfullie, and was content that the accusations proceeded against him, as minister: farther, that in the heads of religione, he agried from his heart with the Kirk of Scotland, albeit in sum heads of policie he was not yet resolvit.

The General Assemblie giues their full power and commissione to the richt honorable and their belovit brether, the Laird of Braid, Andrew Kerr of Fawdonsyde, Mr Thomas Craig, advocat, and John Johnstone, Commissioners of Edinburgh, the Provest of Dundie, Alexander Scrymgeour there, Alexander Rutherfurd, Commissioner of Aberdeen, Henrie Adamsone, Commissioner for Perth, Robert Lichtoune, Commissioner for Montrois, the ministers of the King’s houss, the ministers of Edinburgh, Mrs Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvill, Thomas Smetoune, Patrick Adamsone, George Hay, David Fargysone, Adam Johnstoune, James Carmichaell, John Braid, or any aucht of them, to present to the Lords of the Articles of the Parliament, such heads, articles, and supplicationes as are gine to them be the Kirk.

The Kirk ordaynit Mr Andrew Melville to produce his witnesses in his accusatione against Mr Robert Montgomrie, qwho instantly producit Mr Robert Darroch, minister of Drume, Mrs David Weymes, John Craige, Patrick Adamsone, John Howstone, John Wright, Thomas Buchanane, and James Carmichael. All thir witnesses being sworne and admittit, The Kirk, notthelesse, that the said Mr Robert sould not think him defraudit of any lawfull defence in his absence, reservit any objectione he hes against the persones of the saids witnesses, in caice he come upon Munday at ten houres; and ordaynit the said Mr Robert, because of his departing off this towne, to be instantly examinat be David Fargyson, William Chrystesone, Mr James Balfour, the Lairds of Fawdonesyde and Carletowne, Mr Paul Fraser, or any thrie of them; and his deposition to be put in wreit, and reportit to the Assemblie; and as to farther probatione, if the said Mr Andrew will take any uther tyme, ordaynit him to warne Mr Robert therto.

Sessio 21.

Anent the provisione of the Kirk and St Androis of ane pastor, the Kirke hes thought it meit that the pryor and towne of St Androis nominat such ane of the brethren whom they have best lyking of, to serve the cure, and to propone him unto the ministers of the King’s house, the ministers of Edinburgh, Mrs David Lindsay, John Braid, Mr Adam Johnstone, David Fargysone, Mr Andrew Melvill, William Chrystesone, the Lairds of Braid, Pilrige, Collwchie, and Lundie, to whom, or any aucht of them, the Kirk gives commissione to give assent in their name thereto, and to place him there, provyding they find no lawfull impediment that may stay their placing there, or that they be not ane of the colledges qwhome the Kirk exeims, for considerationes, therefrom: And sicklyke, that with their advyce, the minister presentit may be sufficiently provydit, as also his kirk qwhairfrom he is taken be also staikit.

Sessio 22.

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

Sessio 23.

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

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

[FORTY-FIFTH GENERAL ASSEMBLY.]

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

Sessio.

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

Sessio 2.

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

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

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

Sessio 3.

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

Sessio 4.

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

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

Sessio 5.

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

Articles from his Majestie.

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

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

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

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

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

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

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

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

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

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

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

Answers to the Articles.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sessio 6.

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

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

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

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

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

Sessio 7.

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

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

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

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

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

Sessio 8.

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

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

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

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

Sessio 9.

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

Pleas your Majestie;

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

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

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

Sessio 11.

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

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

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

Sessio 12.

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

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

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

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

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

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

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

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

Articles to certaine doubts proponit concerning the Presbytries.

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

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

3. Concernyng such Elders as verses not in the word, thair resort to the Presbytrie shall be no farther straitit, but as the weightiness and occasione, upon intimatione and advertisement made be the Pastors and Doctors, shall requyre; at qwhilk tyme they shall giue their godly concurrence--exhorting them alwayes that may commodiously resort, to be present at all tymes.

4. Such of the ministrie as does not resort to the exercise and presbytry shall be subject to the penaltie arbitrall to be appoyntit at the discretioune of every particular presbyterie, the samen to be agriet upon be the subscriptioune of every minister thereof; and if any be found to disagrie thereto, to be complaint upon to the Generall Assemblie next to come, and the order qwhilk every presbytrie takes, to be sichtit, and thereof, a good order to be established for the haill.

5. It is thocht meit that the same day qwhilk is the day of the exercise, be in lyke manner the day of ecclesiasticall processes; and if the brether thinks necessare for the haisty expeditione of the processes, that they may appoynt dayes, tymes, and places therefore, by the day of the exercise.

6. It is not thocht expedient that the Presbytrie be astrictit to direct their Moderator to the Assemblie, but libertie to chuse such as they think maist expedient for the comfort of the Kirk.

7. It is thocht meet that visitatione be exceptit e re nata, within the bounds of the Presbytrie, and the same not to be limitit to the Moderator, but to such ane or ma, as the Presbytrie shall direct, for the necessitie of the matter, according to the Kirk’s policie.

8. The Clerk and Moderator shall subscryve, in grave matters, ane forme of proceeding in the name of the Elderschip; and quhill God provyde some better contributione in every particular Kirk of the Elderschip for his intertainment.

9. The minister of the paroche shall cause execute the summonds concerning his paroche, and beare the burden of such things as shall be direct from the Presbytrie, or some deput be him, within his paroche.

10. Concernyng ane generall order of admissione to the office of Elders, referris it to the order usit at Edinburgh, qwhilk we approve.

11. As for collatione of benefices, and designatione of manses and gleibs; the Moderator of the Presbytrie where it is requisite, and for the satisfaction of the act of Parliament, that they have a speciall commission of the Kirk for that effect, qwhill it please God to move the King that the laws may be better reformit, provyding the Moderator doe nothing butt the advyce of the Presbyterie.

12. It is proponit to the Kirk qwhair there is no Presbytrie, nor cannot be gottin, qwhat order shall be of admissione, of collatione and designation of benefices.

13. As for the number of Kirks, how many shall be in every Presbytrie? Referris to them that hes the Commissione to establische Presbyteries.

14. The forme of proces in weightie matters to be in wreit, at the discretioune of particular Presbytries, e re nata; in uther things verball.

15. For any that will not receave office of Elderschip, and travell not in the word, we may exhorte, but not compell.

Sessio 14.

Ordayns a general ffast, to be keepit universallie, in all kirks of this realme, with doctrine and instructione of the people, to begin the first Sonday of Junij next to come, and to continow to the next Sonday hereafter, inclusive, useing in the meane tyme, exercise of doctrine, according to the accustomit order; and the King’s Majestie to be certified be the Commissioners sent to him, and desyrit to hald hand thereto be proclamations to be sent out to that effect.

Causes.--Universall conspiracies of the Papists, in all countries against Christianes for executione of the bloody Counsell of Trent. 2. The oppression and thraldome of the Kirk of God. 3. Wasting of the rents thereof without remedie. 4. Falling from the former zeal. 5. Flocking home of Jesuits and Papists. 6. Manifest bloodshed, incest, adulteries, with such horrible crymes defylling the land unpunisched. 7. The danger qwherin the King’s Majestie stands throw evill companie resorting about him, be qwham it is feared he may be corrupted in manners and religione, and universall oppressione and contempt of the poor.

Ordaynis every Presbytrie within their awn bounds to try the ministers of the same, and if any offences beis found, to punische the same, according to the qualitie and estate of their crymes, betwixt and the next Generall Assembly of the Kirk.

Anent persones desyrand to enter in the functione of the ministrie: the Kirk ordaynes the particular Presbytries to try and examine them; and such as they find qualified, to provide them to kirks.

The nixt Assembly appoyntit at Edinburgh, the 24th of October nixt, except some necessar occasione interveine, be the advertisement of the Elderschip of Edinburgh, and the King’s Ministers, qwhereby they may be brought together sooner.

[FORTY-SIXTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk conveint at Edinburgh, the 27 of June 1582; Qwhair there were present the Commissioners.

Sessio.

Exhortatione made be Mr Andrew Melvill, qwho was continowit Moderator unto the nixt Assemblie.

Anent the lang discourse made be John Durie, of his calling before the King’s Majestie and Counsell, his answer, and haill proces used against him: as also a charge to him this day, be the King’s letter, to remove off the towne; cravand in end the good advyce of the brether, qwhither he sould remove from his flock according to the charge, or remaine according to his calling, being allwayes readie to follow their determinatione, howsoever the brether thinks expedient to giue it: The Kirk direct David Fargysone and Mr Thomas Buchanane to the King’s Majestie, to understand his meining therin, and to crave at his heines, the performance of the promise made to certaine breither concernyng him; as also to lament unto his Heines the case of their brether of Glasgow, chargit to St Johnstoune, and to make sute for them to this effect: also ane missive to be direct to Johne Duncansone to concurr earnestly with them.

Sessio 2.

Anent the desyre of the Commissioners direct from the Councill of Edinburgh to the Assemblie, craving their counsell anent the charge given to the Proveist, Baillies, and Councill of Edinburghe, for removeing of Johne Durie their minister: The Kirk ordained Mrs James Lawsone, Thomas Smetowne, Andrew Hay, Robert Pont, David Lyndsay, and John Craig, to concurr with such as the Counsell will deput, the morne to consult, conferre, and reasone concerning that matter.

Sessio 3.

Anent the information made be John Durie, that certain brether, direct from the Councill of the Towne, movit to him, as appears, of good affectione, hes desyrit him, for avoyding of the danger that may fall upon his flock, to absent and withdraw himself a space off the towne privilie; desyrand him to understand the good judgement of the Kirk; protesting, for his awne opinione, that because his removeall may be prejudiciall to the commone cause, and his privie departing appear an accepting of the voyce upon him wherwith he is unjustly chargit; that without their counsell herein, his awn deliberat mynde is, to abyde it with the hazard of his life: And farther, sieing that his doctrine qwhairof he was accusit in councill, in force and substance was justified at his own Presbytrie, and be his awne session of Edinburgh, That the brether wald give him that testimoniall, that he hath travellit faithfully in his vocatione, no fault being found with him in his doctrine, or imput to his lyfe; as also, if it please God, that he be compellit to remove, that he may have liberty elsewhere to preache the Evangell, where it shall please God to give him the occasione of tyme and place for discharge of his awne conscience and calling:

The brether, after good advyce and deliberatioune, in ane voyce thocht it not meit that he sould remove off the Towne privilie, but abyde the charge to be gine be the Proveist or Baillie to him; and as to his doctrine, life, and conversatione, the haill Kirk acknowledget nothing in him but sound, trew, and wholesome doctrine, upright and honest in life and conversatione, giving him libertie in caice of his removal to preache the Evangell faithfully, where God shall offer the occasione, until the tyme it please him to restore him to the charge of his awne flock.

The Kirk gives their full power and commissioune to Mrs Alexander Arbuthnott, Adam Johnstoune, and David Home, to pass to the Duke’s Grace, to make informatione to him of the great sclander of Mr Robert Montgomrie in his societie, sen the tyme of the sentence of excommunication pronuncit against him; to intimate unto him the said sentence with gentle and discreit persuasions; to schaw the danger thereof, and what the acts of the Assemblie hes concludit against the receivers and maintayners of excommunicat persones; desyring him earnestly to remove him from his company, and to gine admonitione to him to that effect; and in caice he continow inobedient, that the Kirk will proceid against him according to their acts.

Sessio 4.

John Duncansone presentit ane letter from the King’s Majestie concerning the Laird of Mynto, and certaine of the magistrates and citizens of Glasgow, desyrand, in effect, that matter to be handlit before the Counsell, with credit to be gine to the bearer, quho utterit his credite and schew, That his Majestie continows, and sall constantly continow to the end, in the trew professione of the religione presently establischit within this realme; and as to the action of Glasgow, upon supplicatione to be gine into the Counsell, such order shall be taken therwith as the Kirk shall be therwith satisfied.

Anent the summonds produced against the said persons to hear tryall taine of the violence done be them against Mr John Howesone, and to hear them convict, excommunicat, and casten furth of the societie of the faithfull, for the committing of the said hynous offence and sclander; as the summonds dewlie execute and indorsate at lenth bears:--The saids persones all being callit, and nane compearand except John Grahame, quho denyit the contents thereof for his parte,--The saids summonds being given to probatione, and Mrs John Davidsone, John Hamiltone, Andrew Knox, Patrick Walkingschaw, Thomas Jack, Richard Wright, Archibald Eglintoune, and John Stodard, being sworne, recevit and admittit witnesses, the Kirk ordaynit them to be present the morne in the mornyng, before the Moderator and his Assessors, to depone in the said matter.

Sessio 5.

The brethren direct to the King’s Majesty concerning John Durie and the brethren of Glasgow, Reportit his Grace writing, in effect bearing, that at the cuming of the said Duke’s Grace, who had interes in that matter, cautioning the said John, upon supplicatione to be gine in, consideratione sould be had thereof; and as to the brether of Glasgow, the action of qwhilk the Kirk hes in their hands against the Provest of Glasgow and his colleagues, being superscedit, he wald dispenss with the brether of Glasgow, to the saxt day of July nixt to cum; as the letter at lenth bearis.

Anent the proces deducit against the Provest of Glasgow and his colleagues, The Kirk ordayns Mrs James Melvill, John Porterfield, and Patrick Scharpe, to examine the remanent witnesses afternoone, qwho are producit and unexaminat, and, in the meanetyme, further proces to stay; lykeas the saids witnesses war examinat at the tyme appoyntit be the saids breither.

Sessio 6.

Anent the actione layde against the Laird of Mynto, Provest of Glasgow, and his colleagues, The haill Kirk, after publick reading of the proces, and probatione used in the matter, and dew consideratione and examinatione thereof, being weill and ryply advysed therewith, Finds the cryme, as it is verified, proven and tryed before them, to deserve to be punischit with excommunicatione; and, nottheless, at the King’s Majestie’s request, continewes the pronuncing of any sentence against them to the saxt of July nixt, qwhilk is the day of the conventione of the Nobilitie at Perth, qwhere hope is gine of repair: Givand, grantand, and committand also, full power and commissione to the Commissioners, direct be them unto the King’s Majestie and Councell to the said conventione, in case they should not see remeid there put to the matter, betwixt the said day and the 24th of the said moneth, or sooner, at their discretione, to proceed and giue forth sentence in the said cause, and to appoynt severall persones to the executione thereof, as they will answer to the Kirk; and ordaynis reporte to be made of this continuatione unto the King’s Majestie.

Anent the place occupied be John Durie, ane of the ministers of Edinburgh, presently removit off the toune, the Kirk present, inhibites and discharges the Kirk and Presbyterie of Edinburgh, to elect, choose, or admitt, in any wayes, any minister in his place of the ministrie thereof; dischargeing also all ministers, or that aspyres to the ministrie, to attempt the usurping or taking upon them of his charge and place thereof, except at the desyre of the ministers of Edinburgh, to relieve them, at all tymes, qwhill the Generall Assembly of the Kirk be farder advysit; and, in caice any shall be chosen and electit, the haill Kirk decerns the said electione and admissione to be null and of nane effect.

The Duke of Lennox answerit to the breither that was sent to him concernyng the mayntayning of Mr Robert Montgomrie, was first a interrogator,--Whither the King or the Kirk were superiors? And, thereafter, that he had command of the King to maintayne him, and of his Counsellors; and, qwhill he were contramandit be him, he wald not remove him.

The Kirk having considerit his answer, Ordaynes the brethren of the ministrie that gangs in commissione to Perth, as they sie occasione there, and the grieff not remedied, touching his maintaining of the said Mr Robert, To proceid and appoynt speciall men, that sall proceed farther against him with the censures of the Kirk, according to the acts of the Generall Assemblie, to qwham the Kirk gives their full power to that effect.

The Generall Assembly, in ane voyce, Gives their full power and commissione to the Right Honourable and their belovit breither John Erskine of Dune, the ministers of the King’s Majestie’s houss, Mrs Robert Pont, James Lawsone, Thomas Smetoune, Andrew Hay, David Lyndsay, Andrew Polwart, Peter Blackurne, Patrick Galloway, William Chrystesone, David Fargysone, Andrew Melvill, Thomas Buchanan, John Braid, Patrick Gillespie, John Porterfield, ministers, and Mr Andrew Melvill, to repare towards the King’s Majestie and Councill to be conveint at Perth, the saxt day of July nixt, and there, with all dew obedience, reverence, and submissione, present to his Heines and Nobilitie the speciall greives of the Kirk, conceavit and gine to them in wreit; and in their behalfs, lament, deplore, and regraite the same unto his Majestie and Councill; craving, in the name and fear of the Eternall God, the same and every ane of them to be repairit and redrest, to the glory of God, and wellfare of his Majestie, and comfort of his Kirk: And thereupon, if need be, with humilitie to conferr, informe, and reasone; and qwhat herein beis done, to report to the nixt Assemblie:--firme and stable haldand and for to hald whatsoever their brethren in the premisses righteously does.

Sessio 7.

The tenor of the Grieves of the Kirk, above specified:

Unto your Majestie, humblie meanes and schawes your Grace’s faithfull and obedient subjects, ministers of God’s word within your Grace’s realme, conveint in the Generall Assemblie halden at Edinburgh, the 27th of Junii; That whereupon the occasione of diverse great and evident dangers appearing to the haill Kirk of God and professors of his trew Religione in this countrie, finding the authoritie of the Kirk abrogat, the censures thereof contemnit, and violence usit against some of the brethren, without punischment thereof, the lyke hes neither been seen in this realme, nor any uther where the truth of the Gospel hes been preachit and receavit; and fearing least your Majestie, for lake of informatione, neglect in tyme to provide remedie for the inconvenients lykelie to insew thereupon, We conveint ourselves in the fear of God and your Heines obedience; and after diligent consideratione of this present estate of the Kirk, and enormities fallen furth in the same, with commone consent thocht necessare our Commissioners to present and open to your Grace certain or chiefe and weightie grieves, without hastie redress qwhairof the Kirk of God and trew Religion cannot stand in this your Grace’s countrie; that your Majestie, be advyce of some Counsellors, is taught to take upon your Grace that spiritual power and authoritie qwhilk properly belongis to Christ as only King and head of the Kirk, the ministrie and execution thereof to such as bear office in the ecclesiasticall government of the same; so that in your Grace’s persone, some men preases to erect ane new Popedome, as though your Majestie could not be full King and head of this commonwealth, unless alsewell the spirituall as temporall sword be put in your hand--unless Christ be bereft of his authoritie, and the twa jurisdictions confoundit, qwhilk God hes devydit, qwhilk directly tends to the wrack of all trew religione, as be the speciall heads following is manifest:--

1. For benefices are gine be absolute power to unworthie persones intrustit in the office of the ministrie, without the Kirk’s admissione, directly against the laws of God and acts of Parliament; quhairthrowgh the Kirk’s livings comes in profane men’s hands and uthers, that sells their sauls, and makes schipwrack of conscience, for pleasure of men, and obtayning some worldly commoditie.

2. Elderschips, Synodall and Generall Assemblies, are dischargit be letters of horning to proceed against manifest offendars, and to use the discipline of the Kirk, and censures thereof, according to God’s word.

3. John Durie, be act of Counsell, is suspendit from preaching; and for this same cause is banisched from his flock.

4. Excommunicat persones, in contempt of God and his Kirk, are intertayned in chieff Lords’ houses, namely, Mr Robert Montgomrie, authorized and caused to preach, and brought to your Majestie’s presence, qwhilk is a sore wound to the conscience of them that loves your Majestie, and knawes your Grace’s up-bringing, and ane heavy sclander in all nationes professing the trew religione.

5. An act or delyverance of Counsell is made against the proceedings of the ministrie with ane sclanderous narrative, suspending simpliciter, and disannulling the excommunicatione justly and ordourly pronuncit against Mr Robert Montgomrie, a rebellious and obstinat offendar and troublar of the Kirk of God, and open proclamations made according thereto.

6. Contempt of ministers, and dinging many doing their office, and speciallie the violent drawing of Mr John Howesone out of the judgement seate qwhair he was placeit Moderator of the presbytrie,--his cruell and outrageous handling, carrying to prisone lyke a thief, be the provest and baillies of Glasgow, and their complices; and after complaint made, no order taken with the doers thereof, but contrariwise, maintaining of them, as if the same had been good service.

7. Displaceing of the minister of Glasgow out of his rowme, qwhilk, without reproache, he hes occupied thir many yeares, and convocation of the gentlemen of the countrie to that effect.

8. Violence used be ane of your Grace’s awne guard to pull him out of the pulpit, the day of communione, in presence of the haill congregation, in tyme of sermone, and no fault found therewith.

9. The officer of the Kirk was castin in prisone in your Grace’s presence, and there keepit a lang tyme, for executione of letters direct against a particular sclanderous man.

10. Ministers and Masters of Colledges and Schoolis of Glasgow in tyme of publick fast, were, be letters of horning, compellit to leave their flocks and schooles destitute, and sinsyne, from tyme to tyme, and place to place, have been delayit and continewit, thereby to consume them be exorbitant expenses, and to wrack the Kirk and Schools, qwhereof they beare rule and charge.

11. The schollars of Glasgow were invadit and their blood cruellie sched be the baillie and commontie, gatherit be sound of commone bell and straik of drume, and be certaine seditious men, inflammit to have slaine them all, and to have burnt the Colledge; and yet nothing done or said to the authors of that seditione.

12. Hands schaken with the bloodie murtherers and persecutors of the people of God, be propynes receivit and gine.

13. The Duke’s Grace oft tymes promised to reforme his house, and nothing done therein.

14. The laws made for maintainance of the trew religione and punisching the enemies thereof, are not put to executione; so that all things go lowse, and worse like to ensew.

Many uther things there be that crave present reformatione, quherewith, notwithstanding, we think not expedient to trouble your Majestie untill we see quhat order be taken with thir grievous complaints; beseikand your Majestie most humblie, for the lufe of God, quho hes placit your Majestie in this Royall Throne, and hitherto wonderfullie defendit and mentainit your authoritie, cairfullie to look upon thir matters as becomes the Leevtenant of God, and ane Christiane King; and with advyce of them that feir God and tender your Grace’s estate and quyetness of this commonweill so to redress the premisses, that first, Christ above all be acknowledged, his Ministers, without feare or stope, sufferit to execute their office,--the course of the Gospel advancit,--and be the example of the worthie, punischment of them quho so licensiouslie have wrongit and injurit ministers and professors of God’s word, that wthers heirafter be affrayit to interprize the lyke.

The next Assembly was appoyntit to be at Edinburgh the 24th of October nixt to come, except that necessare and weightie causes interveine, be advertisement of the Elderschip of Edinburgh and Ministers of his Majestie’s house.

[FORTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint att Edinburghe, in the New Kirk thereof, the 9 of October 1582, qwhair there was conveint--Commissioners for the King, Mr John Hallyburtowne, and Collonell Stewart, and Commissioners of Earles Bothwell, &c., Barrones in great number, and Ministers.

Sessio.

Exhortation made be Mr Andrew Melville: Leitts, Mrs David Lyndsay, Thomas Smetoune, and David Fargysone. The said Mr David Lyndsay, be pluralitie of vottis, was nominat Moderator hac vice. Mrs Robert Pont, James Lawsone, Andrew Hay, Andrew Melvill, Thomas Smetone, David Fargysone, George Hay, John Duncansone, William Chrystesone, the Lairds of Lundie, Qwhittinghame, and Braid, at the desyre of the Moderator, were nominat Assessors.

Sessio 2.

The Kirk ordaynit the ministers of Edinburghe, in name of the haill Kirk, to desyre the King’s Grace to send downe Commissioners, authorised with his Heines commissione, to see the proceeding thair, and vote in his name; qwho returnit answer that they should be satisfied the morne.

Anent the commissioune to certaine brether to present to the King’s Majestie and Counsell at Perth, the Grieves and Complaints of the haill Kirk, the executione qwhereof being requyrit, and the saids Grieves, with the answers thereto, being read and considered; with commone advyce, it was thocht the saids Answers, not directly meeting the Articles, and therefore the samen, so far as is not satisfied, to be yet insistit in, and to be gine in, with such other articles as are meit yet to be craveit; the reforming qwhairof the brethren committit to Mrs Robert Pont, Thomas Smetoune, Andrew Pollwart, and Andrew Melvill.

Sessio 3.

In presence of the haill Assemblie, compeirit Mr James Hallyburtoune and Colonell William Stewart, and presentit the King’s Majestie’s Commissioune in write; the tennor qwhairof followis:--

We, be the tennor heirof, with advyce of the Lords of our Secret Counsell, gives and grants authoritie, full power and commissioune, to our richt trustie and weill beloved Mr James Hallyburtone, Proveist of Dundie, and Colonell William Stewart, conjunctlie and severallie, for ws and in our name, to pass to the Generall Assembly of the Kirk of our realme, and thair to hear and consider the matters proponed, tending to the advancement of God’s glory and his trew religione, the correctione of manners and reteyning of ecclesiasticall matters in decent and civill ordour, as the word of God requyres and allows, and to report the matters proponit and intreatit to us for our allowance and ratificatione of the samen, as appertaynes; and generally all and syndrie uthers things to do that to the forderance of all godlie and good matters is necessarily requyrit, firme and stable: Subscryvit with our hand, at Halyrudehouse, the 10th of October 1582, and of our reigne the 16th year.

Sessio 4.

The places where the Synodall Assemblies shall conveene shall be changeable from tyme to tyme, as the brether thereof shall finde meetest, that no ambitioune may grow be continowing the same in ane place.

Sessio 5.

Anent Bischops: Seeing the great sclander and offence arysing to the Kirk be their impunitie and oversicht, being altogether out of rules, the Kirk hes thocht it expedient that the King’s Majestie’s Commissioners, my Lord Boyde and the Laird of Capringtoune, with the Assessors of the Moderator, conveene in Mr James Lawson’s galrie, and advyse solidlie upon some substantious ordour.

Sessio 6.

The Assemblie ordayns James Montgumrie to make publick satisfactione and repentance in the paroche kirk of Glasgow, for speaking with Mr Robert Montgomrie, after his excommunication dewlie intimat, in respect of his confessione, and to acknawledge his offence thair, promising in tyme cuming to abstaine from the lyke, under the paine of the censures of the Kirk; and the same order to be keepit with all uther persones falling in the same offence.

Sessio 7.

Anent the informatione made to the Assemblie by my Lord Paislay, in name of the noblemen interprysers of the lait actioune, giveing the Kirk to understand that the grunds moving them to that actione, simplie were, the danger they perceivit the Kirk of Scotland and religion into--the evident perrill of the King’s Majestie and his estate, and the confusione and misorder of the Commonweall; whereof, as they doubt not to feell good testimonie in their awne conscience, so wald they that the Assemblie sould schaw their good lyking of the same, and give ordinance to ilk minister, at his kirk, to lay out their good grund and actione to their flocks; exhorting all noblemen and uthers qwhatsumever, faithfullie to concurre with them in the said good cause, to the full prosecutione thereof: Qwhilk informatione being weill considerit be the Assemblie, it was thocht very meit and expedient, in particular, to inquire and voit of the saids perrills; and every ane of them was seene and perceivit to haue been to the haill brether, qwhairof the information is made, and be full consent and vote of the haill Assemblie, declaratione was made, that the haill brethren understand the concurrance of all the saids dangers:--And to the effect the King’s Majestie’s mynde also may be gatherit, touching the same, directione was gine to Mrs James Lawsone, David Lyndsay, with the King’s ministers, to passe to his Heines the morne afternoone, to reasone and conferr anent the saids dangers, and to open up the samen at lenth to his Majesty, and to report his answer thereanent.

Sessio 8.

Anent the conferrence of the brethren direct to the King’s Majestie: Report was made be them unto the said Kirk, That his Heines had confest that there was ane perrell to the Religion within this realme, and indirect courses runn to the hurt thereof, qwhairunto his awne perrell was joynit; for he esteimit his standing to be joynit with the standing of religione: As also he acknowledgit syndrie abuses in the Commoneweall before the late interpryze of the Nobilitie, and that all good men shall concurr of dewtie to take away the danger from off the Kirk, his persone and estate, and to the reformatione of the Commonweall.

Anent the twa last heads left unresolvit be the Noblemen undertakand the late reformatione; The haill Kirk, in ane voyce, agreit therwith, and ordained ane speciall act to be concurred therupon, and to be put in forme be the clerk, Mrs Robert Pont and Thomas Smetoune, to be presentit againe to the Assemblie at afternoone, that they may understand and judge thereof if the samen agries with the meaning of the brethrene.

Sessio 9.

Anent Bischops: Seeing the great sclander and offence to the whole Kirk of this realme, be their impunitie and oversicht, to the griefe of good men’s consciences: The haill Assemblie hes gine and gives Commissione to particular presbytries under specifeit, with all possible and convenient diligence, to summond and call before them, every one of them as they be particularly divydit in manner following; That is to say, the Presbytrie of Perth, the Bischop of Morray; the Presbytrie of Edinburgh, the Bischop of Aberdeene; the Presbytrie of Mernes, the Bischope of Brechine; the Presbytrie of Dundie, the Bischope of Dunkeld; the Presbytrie of Striveling, the Bischopes of Dumblane and Isles; the Presbytrie of Glasgow, the Bischop of St Androis--to accuse them, and every ane of them, all or pairt as they are guiltie, viz. of non-preaching and ministratione of sacraments--of negligence of doctrine or discipline--haunting or frequenting of the company of excommunicat persons--wasting of the patrimonie of the Kirk--setting of tacks against the acts of the Kirk--giving collation of benefices against the saids acts--and finallie, for giving sclander any wayes in lyfe and conversation; and after dew tryall, proces, and convictione, to put order to every ane of them according to the qualitie of their offences and acts of the Assemblie, betwixt and the meeting of the haill Kirk, as they will answer thereto.

Sessio 10.

Anent Colledges and Universities within this realme: It is considerit be the haill Assemblie to be maist expedient for the good and weillfare thereof, that certaine good men of meit qualities be imployit to take oversight thereof; and for that effect the Kirk hes gine commissione and power to their lovit and honourable breither afterwritten to concurre with such as the King’s Majestie and Counsell directs with them in visitatione of the haill Colledges within this realme, as they be particularly under devydit, betwixt and the last day of November next to come, and to consider how the rents and livings of every ane of them are bestowit and imployit--how the doctrine is usit be the Masters and Regents--if the same be correspondent to the act of Parliament--how order and discipline is keepit amang the students and schollars; and herein, as disorder and defectione is found, to take order therewith according to the act of Parliament: They are to say, Mrs George Hay, Peter Blackburne, William Chrystesone, Andrew Milvill, the Laird of Glenbervy, to visit the Colledge of Aberdeene; Mrs David Lyndsay, Robert Pont, Nicoll Dalgleische, Thomas Buchanan, the Lairds of Lundie and Culluchie, with Mr David Russell, Commissar Clark of St Androws, the Universitie thereof; Mrs James Lawsone, John Duncansone, Walter Balcanquall, John Porterfield, the Lairds of Keir and Greenock, with Adam Wallace, Bailie of Glasgow, the Colledge thereof; and what herein beis done be them, to reporte againe the next Assemblie.

Sessio 11.

Ordayns the King’s Majestie’s Advocat to be summoned to compear before the Assembly immediately, and to that effect from the Assemblie the officer of the Kirk being [sent], answer was returnit he was in Hermestoune; and heirfore was ordaynit to be summoned be ane citatione to Wednesday to answer simply, if he was the former or dyttar of the sclanderous proclamatione sett out against the ministrie, and for opponing him to the lawfull proceedings of the Kirk--certifying him and he compeir not, they will proceed as appertayns.

The act concerning the actione of the nobilitie being read to the Commissioners of Edinburgh, after advyseing therwith apairt, they votit and agreis thereto with the rest of the brethrene.

Sessio 12.

It is leisum for a minister, for a seasone, to superceid the ministrie and use the office of a Doctor: Therefore the Assemblie hes concludit and ordaynit Mr Thomas Buchanane to enter in the new Colledge, and use and exercise the office of a Doctor thair for the support of the samen,--his Kirk being alwayes provydit of a sufficient pastor, and the said Mr Thomas sufficientlie satisfyeit anent the promise made for expeditione of his pleis.

The Earle Bothwell declarit in presence of the haill Assembly, that as he profest the trew religione preachit within this realme before his departing furth of the same, so sen his depairting, continwallie as yet continuit in the samen mynde to die and live therein by God’s grace.

Sessio 14.

Anent the proces used against the Laird of Mynto: In respect of his compeirance personally this day and yesterday, confessing his offence, and submissione of him to the Kirk; The Assembly hes referrit the discipline and order to be wsed against him, for satisfying of the said offence, to the judgement and discretione of the Presbytrie of Glasgow, and the same forme to be usit and observit be them with John Grahame, elder; and what herein beis proceedit, upon the pairt of the Presbytrie, and upon the pairt of the saids persons, to report to the nixt Assemblie.

Sessio 15.

The Assembly ordayns Archbald Hegget, John Grahame, younger, Hector Stewart, John Sprewle, elder, William Hegget, Robert Stewart of Nowbar, for their contumaceous absenting them from the Generall Assemblie, being diverse tymes summoned thereto, to have answereit for haunting and wsing the company of Mr Robert Montgomrie, after his excommunication intimat to them, and uthers enormities done against the Kirk, despysing and contemning the voice thereof, To make their publick repentance in the Kirk of Glasgow, in presence of the congregatione thereof, after the forme to be prescryvit to them be the Presbytrie thereof, to qwham the Kirk committs the execution thereof.

Anent the proces deducit against Coline Campbell, Malcolme Stewart, Hector Stewart, John Grahame, elder, Gavine Grahame, and Archbald Hegget, concerning the violence done to Mr Johne Howiesone in the judgement seat in Glasgow: The saids haill persones being cited to this Assembly except the said Walter Stewart, to have heard the sentence of the Kirk in the said matter, and nane compeirand except John Grahame, elder, with wham he has alreadie taken order, and Gavine Grahame; The Assembly ordaynit the said Coline Campbell, Malcolm Stewart, Hector Stewart, Archbald Hegget, and Gavin Grahame, for their offence foresaid, to be excommunicat publicklie in the Kirk of Glasgow be Mr David Weymes, minister thereof, with advyce of the Presbytrie thereof.

Sessio 16.

Articles read and allowed by the Assemblie, as meit to be proponit.

1. Seing the spiritual Jurisdiction and Government of the Kirk is granted be God the Father, throw our Mediator Jesus Christ, and gine only to them that preaching, teaching, and oversieing, bear office within the same, to be exercised not be the injunctions of men, but be the only rule of God’s word; That the act of Parliament, concernyng the libertie and jurisdiction of the Kirk, be so plainly declareit and enlargeit, that hereafter nane uther of qwhatsumever degree, or under qwhatsoever pretence, have any collour to ascryve or take upon them any part thereof, either in placeing or displaceing of ministers of God’s word, in spirituall livings or offices, without the Kirk’s admissione, or in stoping the mouthes of preachers, or putting them to silence, or taking upon them the judgement in triall of doctrine, or in hindering, staying, or disannulling the censures of the Kirk, or exeiming any offender therefrae.

2. That the Presbytries, consisting of doctors, pastors, and such as are commonly callit elders, now according to God’s word and the King’s Majestie’s direction, appoyntit in diverse parts of the realme for discipline, order keeping, and judgement keeping, in ecclesiasticall affaires, be approvit, establischit be authoritie, and paynes prescryvit to them that publickly oppones themselues.

3. That the Synodall Assemblie, consisting of diverse presbytries, and Generall or Nationall consisting of the haill, be approvit, and be virtue of acts of Counsell, presently and hereafter haue power to conveine so oft as occasione shall requyre, to advyse, intreat, conclude, make ordinances in such things as concerns the will of the Kirk, and their charge in doctrine and discipline, with libertie to appoynt times and places for that effect.

4. That Presbytries, or such as they will direct of their awne number, have the same power in designatione of manses and gleibs and reparatione of the kirks, that the Bischops, Superintendants, or Visitors had before.

5. That every Kirk have the awne severall pastor, to be sustainit upon the teynds of the parochine qwhair he serves, and to that end that the manses or kirks annexit to great benefices or prelacies be dissolvit, pensiones gine out of the thrids and tacks sett of the same, be the collectors or possessors having the thrids in their awne hands, be revockit.

6. That of the temporall lands of every Abbacie, Priorie, Bischoprick, Minstrie, &c. so meikle be applyit to the schools as may sufficientlie maintaine ane sufficient number of Masters and Bursars, according as the liveing may bear, in place of Channons, Monks, Nuns, and uthers idle-bellies; the ane to teache and the uther to passe their course alseweill in Philosophie in all Universities as in Theologie, according to the act of Parliament made in the fundatione of the New Colledge of St Androis, that the kirks may be ance plantit with sufficient learnit men.

7. That provisioune may be, how commone affaires of every Presbytrie may be borne, such as visitators, commissioners direct be them for sundrie occasiounes, scribes’ executione of their summonds, decreits, &c. Quhilk to our judgement sould be sustained be the Bischops rents.

8. That the Kirk be restorit to the thrids, according to the act of Parliament and contract made be the Earle of Mortoune; because we have found ourselves grievously hurt be the giving them out of our owne hands.

9. That the presentation of benefices be direct to Presbytries where the benefices lyis, that be them, after dew tryall, the qualified persons may be admittit.

10. That no presentatione be gine to any man with ane blank therewith for their filthie gried to gang through the countrie making schamfull merchandice, and sicking who will offer maist, or receive least: But that such chiefly be regardit as be the Presbytries or Universities shall be recommendit to the King’s Majestie or Laick Patrone.

11. That it be inactit that Ministers who, through age or sickness, or uther accident, become unable to execute their office, may bruick their livings dureing their lyfis, and provisione made how the kirk in the meantyme will be served.

12. That such Ministers who are deposed or excommunicat in any time, their benefices, stipends, or ecclesiasticall livings quhatsomever to vaike, and uther qualified men provydit thereto.

13. That such as are knawne to be Papists, and notwithstanding their aiths, handwreits, and outward obedience, are tryit to have returnit to their vomit and made apostasie, wayting still the tyme and occasione to cut the throats of the godly, may be punischit as traytors to God and our Soveraigne, be banischment or utherwayes.

14. That no service, freandschip, or league be made with Papists in France, Italie, nor Spaine, or uther countries, be commone or particular consent.

15. That the lyke law be made for defence and preservatione of the preachers of the blessed Evangell againes violence and oppressione as is grantit in favours of the Lords of Sessione.

16. That remedie be found how speciall livings and teinds transferrit in temporall lordships may be restorit againe, for sustentatione of ministers, poore, and schooles.

17. The Colledge Kirks qwhilks are destitute of ministers, be reason of the thrids gine in the Colledge hands, may be provydit with sufficient stipends out of the thrids, conforme to the act of Parliament made thereanent.

18. That buriall in paroche kirks, be act be dischargit, and ane speciall punischment appoyntit for transgressors.

19. That the diminutione of the rentall be ane sufficient cause of reductione of tacks and fewis, and that diminutione be comptit alseweell the impareing of silver rentall de liquido in liquidum, as conversion of victuall in small pryces, that is, under such reasonable pryces as victuall giues for the tyme.

20. That every beneficed man find cautione, at his entry, to recompence what hurt soever he does to the benefice.

21. That it be leisum for no beneficed man, prelate or uther, to sett any tacks or fewis hereafter, and that they be bund to repaire qwhatsoever hurt they haue done to their livings against the lawes.

22. That it be declareit qwhat tacks or fewis are lawfull, and that two or three nyneteine yeares or lyferent tacks, made against all law and conscience, be annullit and declareit of nane effect.

CERTAINE ARTICLES presentit be the Generall Assemblie, and maist humblie cravit of the King’s Majestie and Councill, ffor redress of the manifold inormities fallen furth, to the wreake of Kirk and Common-weall.

1. That the sclanderous proclamatioune gine furth at Perth, the 12 of July, and publisched in all townes, and paroche kirks, and to the perpetuall infamie of God’s servants imprintit, may be perused and diligently considerit, to try if any minister be culpable of such odious crymes, as therein are layit to their chairges; and in case they be fund culpable, to punische them with a rigour of law, utherwayes, that the givers out of such blasphemous reports, and devysers and dyters of that infamous lybell be punischit accordingly; and that, be act of Councill and open proclamation, the ministrie be declarit innocent of such wicked and haynous crymes.

2. That the unaccustomit violence wsed against Mr John Howiesone, drawing him out of the Justice seate of the Presbyterie, dinging, and casting him in prisone, and agaynes Mr David Weymes, minister of Glasgow, be sua punischit, that nane hereafter be bald to attempt the lyke.

3. That Coline Campbell, William Hegget, Archibald Hegget, and their complices, be punisched according to justice, for the sedition and uproare made be them, being Magistrates and Counsellors, against the students of Glasgow, and schedding of their blood.

4. That the proclamatione lately made for the libertie of the Assemblies may be inlargit, and more plainly sett furth.

5. That your Lordships will giue the King’s Majestie to understand, how wicked instruments they were that persuadit his Grace to allow and take upon himselfe, all the mischiefs and ungodly proceedings, whereat the Kirk, his Grace and countrie, were brought to such miserie and danger.

6. That all acts of Councill made against Presbytries and Assemblies, chargeing them to desist from proceeding in discipline and ecclesiasticall censures against sclanderous persones, be annullit and delaitit out of the books: Lykewayes, that the act made against John Durie be delaitit.

7. That his Majestie and Lords will wey what great inconvenients and absurdities falls furth upon the act of Councill made concerning the absolute power; and for removeing thereof, to dilaite the samen, never to be remembrit hereafter.

8. That his Grace and Lords provyde and cairfullie foirsee, that be the wicked practice of dimissione or associatione of authoritie, the Kirk, King’s Majestie, and Countrie, be not hurt, and that the same be stayit in tyme.

9. That the stipend appoyntit for the minister of Strivilling, and now wickedly purchased be Mr Robert Montgomrie to his young sone, be restorit againe, for sustentatione of ane qualified man to teache that flock, qwhilk be his ungodlie dealing and apostacie hes been so long destitute.

10. That it will please your Majestie and Lords to haue pitie and compassion upon that noble and godly man, James Hamiltone, Earle of Arrane, sometyme a noble and comfortable instrument in reforming the Kirk of God, and now visite be the hand of God, and under pretence of law, bereft.

11. That Commissioners be deput in every part, for visitation of the Colledges, betwixt and the last of November. The Generall Assembly gives their full power and Commissione to Mrs George Hay, Andrew Myllne, James Balfoure, William Chrystesone, Patrick Gallaway, Andrew Melvill, David Fargysone, Thomas Buchanan, Patrick Gillespie, James Lawsone, David Lyndsay, Robert Pont, Andrew Hay, Thomas Smetowne, John Young, Andrew Pollwart, Andrew Clayhills, John Knox, Patrick Gates, and Peter Watsone, with the King’s Majestie’s Ministers, to pass unto the King’s Heines, his noble Counsell and Estates presently assemblit at Halyrudehouse, and to his Heines’ Parliament, when the samen shall hapin to be halden, to present the Grieves of the Kirk, crave answer, reasone, and report to the next Assemblie.

Sessio 17.

Anent the matter depending againes the King’s Majestie’s Advocat: His Lordship being present, advysit the Assemblie to consider wyslie if they allowit the forme of proceedings against him, being an officer to his master the King’s Majestie, callit his awne, upon the alleadgit forming of ane proclamatione gine out in the King’s name, under the title of a Declaration, and concludit be authoritie of his Councill--And as they shall finde be their wisdome, he wald not contemptuouslie refuse to answer to every point to lay to his charge: With the qwhilk desyre the breither being advysit, ffand, that in respect of the sclander castine be his persone, he may and sould be callit simplie to giue his declaratione for removing thereof; qwhairwith he being content, plainly and openly taking the name of God to be his witness, declareit, he neither inventit, pennit, nor formyt the said proclamatione, but at the desyre of the Duke’s Grace, translatit the last pairt thereof in Scotts concerning his declaration, qwhilk was in French; and farther, did nothing in the haill proclamatione. As to the remanent heids, they were answerit summarly, and the brethren appearandly satisfyit.

Sessio 19.

The brethren appoyntit to present the Articles to the Convention of Estates and Parliament, reportit, That the Lords cravit the advyce of the Kirk, quho sould sit in their names and vote in Councill or Parliament--seeing they are upon the order taking of a Counsell, consisting of three estates: ffor the better resolutione heirof, it was thoucht meit herin to understand the plaine meining of this propositione at Lords’ selves, and therefore the breither to be convenit there at afternoon, &c.

Sessio 20.

Anent the propositione made before noone concerning such as sould vote in Parliament or Counsell in name of the Kirk: The matter being opponit be the Lords, their propositione was, qwhither, if the Kirk will agree that some of the Bischops be upon the Councill for the Kirk? Therefore the Assembly conveining themselues together, resolvit that they could not agrie that any sould vote in name of the Kirk, but they that beares office in the Kirk, and are authorized with commission of the Kirk, to vote and sit there; and ordaynit their answer to be returnit to the Lords be Mrs George Gray and Thomas Buchanane immediately.

The nixt Generall Assembly to be halden at Edinburgh the 24th of Apryle nixt to come, except some necessar occasione of sooner meiting fall out be advertisement of the Presbytrie of Edinburgh.

[FORTY-EIGHTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint at Edinburgh, in the New Kirk, the 24 of Apryl 1583, qwhair there were present the Commissioners, &c.

Sessio.

Exhortation maid be John Braid, in place of Mr David Lyndsay, last Moderator, be reasone of the said Mr David’s departing with the King’s Majestie’s ambassador. Leitts, Mrs Thomas Smetoune, David Fargysone, and John Braid: be pluralitie of votis, the said Mr Thomas was electit hac vice.

The brether ordaynit the Moderator to concurre with Mrs James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvill, Andrew Polwart, Peter Blackburne, David Fargysone, and Alexander Arbuthnott, Assessors.

Sessio 2.

The Assembly ordayns Mrs John Craig, John Durie, and Alexander Hoome, to passe to the King’s Majestie, and humbly desire his Grace to send Commissioners in his name to assist this Assemblie, in treating and concluding in matters proponit; and farther to desyre his Grace, seeing his embassador is departing to England, to give ane charge to him to travell, that ane unione and band may be made betwixt his Grace, her Majestie, and uther Christiane Princes and realmes professing the trew religione, for defence and protection of the trew word of God, and professors thereof, against the persecutione of Papists and confederats joyned and united together, be the bloodie league of Trent;--and also, that her Majestie will disburden their breither of England, of the yoke of ceremonies imposed to them against the libertie of the word, and upon thir three heads to reporte the answer againe.

Sessio 3.

Anent the summonds direct by the Synodall Assemblie of Fyfe againes Mr David Russel, baillie of St Androis, to hear ane sentence definitive pronuncit upon ane proces deduced before the Presbytrie heireof, against him, for ane sclanderous letter, publisched the 17 of March last, in presence of the congregatione: The said Mr David being present, protesting first before God, he never meinit nor meins to doubt of the authoritie of the Kirk, made a discourse of the vaiking of the pulpit of St Androis, and of the receit of the wreiting from my Lord Marche, qwhilk was present in forme be him, and read in the kirk; qwherein he grants that there were thir words;--calumnious pretendit maner,--being discreitly considered,--sould not be found offensive; allwayes he hes appealit to this Assemblie from this Presbytrie, for the causes containit in his appellatione, qwhilk he exhibite, desyreing the Wisdome of the Assemblie that he might have ane sicht of the proces led against him to be advysit, with his just defence, and that rather or the matter came in open reasonyng, that private conferrence were had amongst the discreetest therein; with the qwhilk desyre the Kirk being advysit, votit to the reading thereof openly; lykeas the samen being publickly read and heard, together with the copie of the wreiting gine out be the said Synodall Assembly, read in the paroche kirk, the farther consideratione of the causes was left till afternoone, and he warnit to be present.

Sessio 4.

Mr David Russell being inquyrit if he had the principall wryting alleadged, read upon the 17 day of Marche, denyit the same, and exhibite ane double thereof, as he termit it, receavit be him, as he alleadgit, from ane servant of the Earle of Marche’s, nothing different from the originall, qwhilk he pennit, and was read in the said kirk, as he himselfe testified. As to the appellatione interponit be him, from the said Presbytrie, the haill Assemblie votit uniformlie, that he had weill appeallit; with whose sentence the said Mr David said he stood content. As to the sentence to be pronounced in the said matter, as also against William Leirmonth, ane uther of the saids Baillies, the Kirk continewit the same to the morne, warnyng them both presently thereto.

Sessio 5.

Mr David Russell submittit himself absolutlie to the judgement of the Assembly, concerning the process laid against him.

Ordayned Mrs Alexander Arbuthnott, David Fargysone, and John Durie, with the King’s Ministers, to pass to his Grace and Counsell, and in name of the Kirk crave earnestly, that the French ambassador whaise trauells hire are suspect to tend both against religione and common weall, may be dispatchit; That Mr Hault, the Jesuit, may be accusit and tryit, and according to his offence, if he be guiltie, to be punisched: Sicklyke my Lord Settone’s sone may be send for, and accusit of the wrytings sent to the Jesuites, and order put to him therefore.

Attoure that ane brother of Cambowe’s, refuseing to abyde the judgement of the Kirk, and allowes the breaking of the King’s lawes concerning his religione, may be summoned to ane particular dyett, to underly the law.

Item, To remember his Grace anent the Abbot of Halywood, that no licence be gine to him to depart out of the countrie; and suchlyke to remember concernyng Mr David Chalmer.

Anent the citatione direct from the Synodall of Fyffe againes Mr David Russell, baillie of St Androis, to compear in this Assemblie, to hear sentence definitive pronuncit upon ane proces led and deducit before the Presbytrie of the said citie, for publisching of a sclanderous letter upon the 17th day of Marche last, in presence of the congregation of St Androis; as the actione at lenth beares: The said actione and haill proces being publickly read and at lenth considerit be the haill Assemblie, and the samen, with the deductione thereof in all poynts, together with the letter and intimation of the said Synodall Assemblie publischit in the paroch kirk of St Androis publickly, being orderly proceidit, Lykeas the said brethren in ane voyce justifies and allows the proceedings thereof, and of the said Presbytrie in the said cause; and after good deliberatione and resolutione taken upon the sicht and diligent tryell of the said proces and probatione led therein, Hes fund, and finds, that the said Mr David not only hes given heavy sclander, and offendit against the Presbytrie of St Androis, but farder, has sclanderit very heavilie against the Kirk of this realme, as that, sen the Reformatione of religion within the same, the lyke thereof hath not beene offerit in any persone, and speciallie in the particulars following, evidently proven and evictit per testes omni exceptione majores; qwhairof a part also is confest be himselfe, granting he had done amiss, and submitting him to the determinatione and arbitrement of the haill brethern absolutlie:

To witt: In calling the ordinance of the presbytrie a rabble, saying, it sould not pass but an answer--it sould be worse then the faire of Glasgow--and that, four dayes before the famous lybell was published: 2. In giving command with threatenings to publische the letter in face of the Kirk: 3. In penning and forming the said blasphemous letter: 4. In denying first, with attestation, the penning thereof, and thereafter granting the same: 5. In opponing him in all heads of the said letter to the ordinance of the Presbytrie: 6. In wryting thir outrageous words therein--pretendit Presbytrie, usurpitance of the said Presbytrie, without any ground of God’s word, or lawes of the realme--that the said Presbytrie did, against their awne consciences, and Christiane charitie--that some of them were promise-breakers, (howbeit the contrare were verifiet in accusatione of the letter of the Presbytrie), of calumnious objections:--and in contemning not only the jurisdictione of the Presbytrie, but also the Synodall Assemblie: And therefore hes decernit and ordaynit, in ane voyce, that the said Mr David, upon Thursday cum aucht dayes, immediatly after returning from this Assemblie, shall appear in presence of the Presbytrie of St Androis, and with humiliation of heart, and earnest and trew repentance, confessit and acknowledgit before them, that in the particulars abovewritten, and euery ane of them, he hes heavily offendit his God, sclanderit the said Presbytrie, and the haill Kirk of God within this realme;--craving God’s goodness to pardon him, and the said Presbytrie to forgive him, with promise in tyme cuming, to avoyde all such sclanderous behaviour or dealing; quhais humiliation and repentance being fund unfeigned and earnest, be the sicht of the said Presbytrie, and they satisfied therewith, that upon Sonday immediatly thereafter, he appear before the pulpit, in the paroche kirk of St Androis, before noone, after the sermone, and immediately before the prayer, in presence of the congregatione, and there make the said confessione, and acknowledge his offences in particular, and in manner as is above deducit--exhorting all the brethren and the congregatione to the obedience of the Kirk and ordinances thereof, that as they have been sclanderit be his fall, so be his rysing they may receive comfort and good example: Qwherein, if the said Mr David failzies and gives not absolute obedience, according to the tennor of this sentence, in all poynts, that the said Presbytrie of St Androis proceed against him with the sentence of the Kirk.

Anent the order and injunctiones to be wsed against Gavin Grahame and his colleagues, alreadie excommunicat: The Assemblie present hes ordaynit, that they shall satisfy the injunctiones wsed against murtherers, incestious persones, before they be absolvit from the said sentence, the forme qwhairof is contained in ane act made in December 1565, Sess. 4; and the same being dewly satisfyit, and earnest repentence seen in them, ordaynes the said Presbytrie of Glasgow to absolve them from the said sentence.

Sessio 7.

Anent the heads proponit be the Provest of Dundie, and the Laird of Colluchie, his Majestie’s Commissioners: The Kirk, be the Moderator, gave answer, that for expeditione of the first head, the Assemblie sould appoynt their next conventione the sooner, that ane absolute answer may be gine thereto.

Touching the second: they have found, by experience, that Commissione gine to brether, with power to conclude, have done great hurt to the Kirk. As to the novelties, they sould meddle with nane.

Anent the lamentable supplicatione gine in be the Earle of Arrane, bearing, That qwhair, upon the diuerse supplicationes presentit to the Generall Assemblies at Dundie and Edinburgh, to have travillit with the King’s Majestie and Secret Counsell, for his deliverance from his lang captivitie, and restitutione to him of his heritage, maist wrangouslie withholden from him, be the wickit and fraudulent meanes of the present possessor thereof; Nottheless, that ungodlie man, abuseing the youth and favour of his Soveraigne, hes not suffered your suite to be heard, tryit, and allowit be his Majestie, as he is sure it will be qwhensoever his Grace shall be dewlie informit of his innocencie, and the miseries, grieves, and wrangs be him sustainit, in spirite, bodie, and warldlie good, be the crueltie of his enemies; beseiking the Assemblie, therefore, as the only meine in this warld, qwham unto he may haue esperance, to present his regraits and dolences to his Majestie, that they will yet continew their former sute in his favour, and pretermit to the present opportunitie of his Majestie’s good dispositione, not able to be abused be the craft and subtilitie of that his unjust enemie being presentlie removit from his Majestie’s presence; praying them also to labour that his body and living may be committit to the custodie of his very undoubtit friends, qwho will have unfeigned care for the preservatione of the ane and wther, according to conscience, equity, and righteous lawes of all civill countries;--Remembring presently that he is so destitute of all wther meines of intercessione, saving them only, through fear of his enemies crueltie, that among so many naturall friends of all degrees, he can hardly finde ane who will declare himself the presenter of this his supplicatione made to the said Assemblie: the qwhilk necessitie he doubts not their Wisdomes will worthilie supplie.

The Kirk having considerit the said supplicatione, Ordaynes their breithern to present or direct to the King’s Majestie, to schaw his Heines this pitious complaint--craving his gracious good answer therein; and farther, as the Assembly shall finde opportunitie, be their Commissioners’ travells, to be done for the weill and comfort of the nobleman.

Mr Robert Pont declared that, with part of his heritage and worldlie commoditie, he had proponit to sit downe in St Androws, and had served on his awne charges ane haill year, and could not have any equall conditione of living, no, not the least provisione that any had that past before, and now altogether his heart is abstractit from them--praying the Kirk not to lay the charge upon him against his will.

Sessio 9.

Anent the citatione direct against William Leirmonth, beallie of St Androis: The Assemblie, in respect of the said William his simple confessione, that he gaue command to Niniane Rule, to read publickly the sclanderous Letter against the Presbytery of St Andrews, in the paroche Kirk thereof, and of his humble submissione to the haill Kirk, Ordayns him, upon Sonday cum aucht dayes, to compeir before the congregatione of St Androis, after sermone, and before prayer, and there confesse his offence forsaid, asking God and his Kirk pardone thairfore, under paine of the censures of the Kirk, to be execute be the said Presbytrie against him.

Sessio 10.

Anent baptisme ministrat be laik persones, and such as hes no ordinarie functione in the ministrie of the Kirk: The Generall Kirk, in ane voyce, hes concludit the same to be no legall baptisme; and that these that in the pretendit manner are baptized shall be baptized according to God’s word.

Anent ministers that makes not residence at their awne Kirks: The Assemblie ordayns the Presbytries, universallie within thair awne bounds, to take order therewith, as they will answer to the Kirke.

Anent the proces deducit before the Presbytrie against Henrie Adamsone, burges of Perth, and approven be the Synodall Assemblie of the province: The whole Kirk, at length having considerit the proces and probatione led in that matter,--being weill resolvit and advysit therwith,--In ane voyce declares and finds the said Henrie, be his familiar and suspect behaviour to Jeane Thorntowne, spouse to Oliver Peblis, resorting with her in privat and suspect places, drinking and conversing with her, and utherwayes behaving himself not so chastly as becomes an honest married persone, as be syndrie circumstances in the said proces appeares, To have gine suspitione that he has committit adulterie with her, and thereby to have gine occasione of sclander in his persone: Therefore, ordaynes him, immediately after his returning from the Assemblie, to compeir before the Presbytrie of Perth, and there, with humilitie, unfeignedly to confesse and acknawledge that he hes gine occasione of sclander, asking God and his Kirk forgiveness therefore; and thereafter, upon ane Sonday to be appoyntit be the said Presbytrie, he shall compear in the paroche kirk of Perth, in tyme of sermone before noone, sit in the place of repentance in his common apparell qwhill the sermone be endit, and immediatly after the end thereof, and before the prayer, stand up in the said place of repentance, and confesse and acknowledge the sclander gine by him, and ask God and his Kirk pardon therefore, with promise in tyme coming to avoyd all sclanderous behaviour and suspition of any such cryme, under the paine of the censures of the Kirk, to be execute against him be the said Presbytrie.

Sessio 11.

Anent the difficultie movit be certaine breither, if it be lawfull to a pastor alreadie appoyntit and serving ane flock, to receave admissione of ane benefice appertayning to ane uther kirk nor qwhere he serues, and remoue him from his awne flock without licence of the Presbytrie qwhere he serves, Synodall, or Generall Assemblie: The haill Assemblie, after many reasones had on aither syde concerning this doubt, resolvit and concludit, That a pastor provydit and serving ane flock, laufully may not remove from his flock qwhere he first serves, without speciall licence obtaynit be him of his presbytrie, Provinciall, or Generall Assemblie, and inhibitand and dischargand all Presbytries, in tyme cumming, to admitt any persone elsqwhere serving, as said is, to benefices, without testimonialls and licence schawne be them, of the consent of the Presbytrie, Synodall or Generall: And if any persone beis fund, against the tenor heirof, to transferr himself without consent forsaid, The Kirk hes concludit and decernit him to be deposed from his functione and calling of the ministrie in all tyme cuming.

[FORTY-NINTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveint at Edinburgh, in the New Kirk thereof, the 10 of October 1583, qwhair there was present the Commissioners.

Sessio.

Exhortation made be Mr Thomas Smetoune: Leitts, Mrs Robert Pont, Peter Blackburne, Nicoll Dalgleish, and James Balfour. Be plurality of votis, the said Mr Robert was electit, hac vice.

The haill Kirk ordaynes Mrs James Lawsone, Andrew Melvill, Thomas Smetone, John Craig, Walter Balcanquall, Peter Blackburne, Andrew Polwart, John Davidsone, Nicol Dalgliesche, John Durie, the Lairds of Braid and Pilrige, with the Commissioners of Edinburgh, to conveine and intreat with the Moderator.

Sessio 2.

Forsuameikle as the raritie of this Assemblie chieflie stands in default of the brether of the ministrie, having commission to come to the Generall Assemblie, and yet comes not: The Kirk hes thocht meit that the Countries be callit on, and considerit who are absent; and sicklyke, if all that are in the Commissiones alreadie gine in be present, and that the absents be markit, and a substantius order provydit to correct them.

Sessio 3.

Anent the Constitutiones and Acts made in the Generall Assembly, It is determined and resolved, that ane Act being concludit in the Generall Assembly, no just cause in the changeing thereof intervening therafter, it shall not be leisum to any particular brother, in ane uther Generall Assembly, to call the same in questione againe.

Anent the Commissione gine in the last Assemblie to visite the Universitie of St Androis, and to consider how the rents and livings thereof are bestowit--how the doctrine is used be the maisters and regents, and if the same be correspondent to the act of Parliament--and how the order is keepit amang the students: The Kirk hes committit of new the executione of the said Commissione to Mr Andrew Polwart, Thomas Buchanan, Nicoll Dalgleische, and William Chrystesone: and, to that effect, ordaynes to conveine themselves in St Androis, the 6th day of Marche nixt to come, and qwhat they doe herein, to report to the nixt Generall Assemblie. Mr Robert Wilkie, in name of the Universitie, protestit that the said Commissione prejudge not the libertie and priviledge of the Universitie.

Ordaynes the Moderator of the Assembly to receave from the Clark thereof the extract of the Commissiones gine to breither the tyme he bears charge, in case they be absent from the Assemblie the tyme of the direction thereof, and to direct them tymouslie to the said breither, that the said Commissiones be not left unexecute, upon pretence of their absence and ignorance of the same.

Sessio 5.

Ordaynes every presbytrie within their awne bounds to call before them the beneficed persones within their awne jurisdictione, and to take accompt and tryall how they have keepit the act of the Assembly, touching the disposition of their ecclesiasticall living--in what manner, and qwherein the same hes been transgrest--and to make ane just report thereof to the nixt Assemblie be the Moderator of their Elderschipe as Commissioners, as they will answer to God and his Kirk.

Articles to be direct to the King’s Majestie, being presentit in forme, the haill Assemblie votit to the presenting thereof, with the Instructiones, qwhairof the tenor follows.

SIR,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. First, How heavilie the godlie are offendit, and the haill Kirk sclanderit, that Mr David Chalmers, a man notoriously knawne unto his Grace’s Counsell to be not only a formall and professt enemie against the truth of Christ’s religione, a plaine practizer and traffiquer against the same, but also against his Heines’ authoritie and estate, in all partes qwhair he hes travellit; having herewith, resting upon his head, the foul bruite and common suspitione conceiveit in the hearts of many men, upon no small or obscure presumptiones, of the cruell and most barbarous murther of the most noble persone of your Majestie’s umqwhill father, of good memory--sould be so suddenly and with so small accompt enterit in fauour, and receiue his Majestie’s pacificatione, with Letters to dispossess faithfull servants and ministers of God of their livings and possessiones, no dew satisfactione beand made to the Kirk; a matter no less importing great prejudice to his Heines’ noble estate, then touching his Majestie in the highest poynt of his honor; and therefore his Honour would be moued wisely to looke upon the consequence thereof, in consideratione of his weightie grief, wald call back and suspend the force and effect of any thing yet grantit to him, and the charges gine to his repossessione, unto the tyme that just and lawfull tryell of his innocencie be cognoscit, and the haill Kirk, so farr offendit in his persone, be satisfyit, and the same satisfactione be returned from the Kirk to his Grace.

2. The young Laird of Fintrie, direct unto this countrie, as we are surely informit, to practise with his Grace and faithfull subjects for overthrow of religione, be moyen of friends cruppen in Court, and qwherever he comes, plainly maintaines Papistrie, and, under collour of conferrence, qwhill be all meines he flyes, does great sclander in this countrie.

3. The third article is notour.

4. Be the fourth article is meined the King of France, the Duke of Guise, and uther Papists thair; and lykewise, within the countrie, the Earles of Huntlie, Crawford, and uthers. The Kirk is hurt in their liberties and priviledges sundrie wayes, as will appear in the Articles, as follow: Tacks of the thrids of Haddingtone and St Androis, sett to the Laird of Seagy: The Abbacie of Abberbrothock is disponit to the Duke, and no provisione for the minister: The Abbacie of Hallyrudehouse to the Abbot’s young sone: Sicklyke, the Abbot of Newbottle found provydit to the 9 and 10 notor;--as, for example, Mr George Gairden being provydit to the parsonage of Fordyce in the 68 yeir of God, and yet standing titular there: The King’s Majestie hes sett in tack the fruits of the saids benefices to Robert Stewart of Todlaw, and command giuen to the Lords of Session to grant Letters upon the said tacks: Mr Alexander Arbuthnott is chairgit, against the Acts of the Kirk, to remaine in the Colledge of Aberdeene, under the paine of hornyng: The Ministers of the Chapters of Halyrudehouse are chairgit be letters of hornyng to subscryve the gift of pensione made to the persone of Pennycuik, his wife and sone, for their lyfetymes; Sicklyke against the said Act anent the Act made one the penult day of October 1576. Concernyng setting of fewes and tacks of benefices and ecclesiasticall livings, or any part thereof, be such as beare functione in the ministrie, The Generall Assembly, as of before, ratifies and approves the said Act, with this declaratione, that under the said Act, all suspenseones, factories, and whatsoever other dispositione of the benefice, or any part thereof, without the consent of the Generall Assemblie, is and shall be comprehendit in tyme cuming, and that the disponers thereupon shall incurre the penaltie contained in the Act of the date of the 12th of July 1578, Sess. 6.

It is cravit be the Synod of Lawthiane, that this Assembly take order with Mr John Spotswood for setting of the tack of his benefice, butt consent of the Assemblie. The Kirk ordaynes this particular to be tryit in his awne Presbytrie, and the tryall to be reportit to the next Generall Assembly.

Item, That this Assembly ratifie the dissolutione of the Presbytrie of Haddingtoune, and unione of the members thereof with uther presbytries, be reasone of many enormities occurrand there--as rare convention of the brether, loathsomeness and contempt of the word in the people, and not executing the Acts of the Assembly: qwhilk head the Kirk approves for the present.

Forsuameikle as sundrie of the penitents, pairtly for poverty, sickness, or distance of place, are unable to compeir before the provinciall Assembly--Quæritur, If they may compeir before the Elderschip? Answer: It is not thocht good presently.

The Elders of the Elderschip of Melros are of diverse judgements--some craving the Assembly to continow there--others to ane uther place, or else to devyde it. Quæritur, Qwhat shall be best? Answer: They have liberty as they think best, so it be done with common consent.

Sessio 7.

It is thocht expedient that the four Presbytries in Lawthiane be joynit in ane Provinciall Assemblie, and that Dunbar, Churnside, Melross, and Peebles, be joynit in ane uther, and the place of their next Assemblie to be in Lawder, and thereafter to be changit, as they shall think expedient.

Sessio 11.

Ministers that beiris with the people repairing in pilgrimage to wells hard besyde their awne houses, not reproving them, but rather entertayning them with meat and drink in their houses--distributing the communion to their flocks, and not communicating with them be the space of seven or eight yeares--such persones deserves deprivatione.

Sessio 13.

The Generall Assemblie gives licence to the persone of Hauch, to passe out of the countrie for recoverie of his health, the King’s Majestie’s licence being obteinit thereto, and his awne kirk provydit at the sicht of the Presbytrie of Dumbar.

Forsuameikle as sundrie Acts hes past of before, to close the hands of beneficed persones within the ministrie, that they sett no tacks of the benefices, or any part thereof, or make uther dispositione thereof qwhatsomever, without the advyce of the haill Kirk, yet daily supplicationes are gine in to the Kirk for thair consent to be had thereto, howbeit, both for schortness of tyme and utherwayes, the estate of such supplicationes cannot be conveniently reasonit and tryit before them: Heirfore it is thocht expedient that qwhaire any such is to be made, that the samen be first presentit to the particular presbytries whair the benefices lyis, wham before the tryall shall be taken, oath of the old kyndness and title of the supplicant, and of the estate of the benefice--qwhat was of old, rentall thereof--qwhat present--and the pairts and tryall thereof reportit againe to the Generall Assemblie--qwhat order may be tane with the sute according to equitie: and lykewayes ordayns every presbytrie, within their awne jurisdictione, to try and examine what persons hes broken the act made against beneficit persones within the ministrie, that setts tacks or fewes, or makes uther dispositiones whatsumever of their benefices, or any part thereof, against the Acts of the Assemblie; and, after calling of parties, and dew triall taine, to report their names, with the proces, to the next Assemblie.

The proces led be the Presbytrie of St Androis against Alysone Peirsone, with the proces led against Mr Patrick Adamsone before the presbytrie forsaid, and also the proces of the Synodall of Fyffe, to justifie the accusatione led against the said Mr Patrick, was exhibite.

Sessio 14.

Forsuameikle as in reading in schooles, of prophane authors, qwherin many things are written, directly impugning the grounds of religion, and speciallie in the Philosophie of Aristotle, oft tymes the youth being curious and of insolent spirits, drinks in erroneous and damnable opiniones, and founding them upon the bruckle authoritie of the prophane wryters, and maintayns their godless and prophane opiniones, obstinatly in disputation and utherwayes, to the great sclander of the word of God, and offence of the simple and unlearnit: Thairfore, it is provydit, after reasonyng and good advyce, be universall consent agreit, that in all tymes coming, the maisters, regents, and teachers of the scholers in reading of prophane authors, shall vigilantly take heid if there be any thing alleadgit or written in them against the grounds and heads of Religione, and, in teaching thereof, to mark and note the places evict, and confute the errors, and admonische the youth to eschew the same as false and erroneous; and namely, in teaching of philosophie, to note the propositiones following, as erroneous, false, and against the Religione, and condemnit be commone vote of the haill Kirk:--

1. Omnis finis est opus aut operatio.

2. Civilis secta et præstantissima, ejusque finis præstantissimus et summum hominis bonum.

3. Honesta et justa varia sunt, et inconstantia a Deo et sola opinione constent.

4. Juvenes et rerum imperiti et in libidinem proclives ab audienda morum physica arcendi.

5. Quod aliud ab aliis bonis et per se bonum est, et causa cur cætera per se bona sunt, non est summum bonum.

6. Dei agnitio nihil prodest artifici ad hoc ut arte sua bene utatur.

7. Summum bonum vel {blank space} boni accessione augeri, et reddi potest optabilius.

8. Pauper deformis orbus aut infans, beatus esse non potest.

9. Bonum æternum, bono unius diei, non est majus bonum.

10. Felicitas est actio animæ secundum virtutem.

11. Potest aliquis sibi suo studio felicitatem comparare.

12. Homo in hac vita et esse et did potest beatus.

13. Post hanc vitam nemo potest vel esse vel dici beatus, nisi propinquorum vel amicorum ratione.

14. Natura apti ad virtutem eam agendo comparamus.

15. Virtus est habitus electivus in ea mediocritate positus quam ratio prudentis præscribit.

16. Libera est nobis voluntas ad bene agendum.

17. Mundus est physice æternus.

18. Casus et fortuna locum habent in rebus naturalibus et humanis.

19. Res viles et inferiores non curat Dei providenti.

20. Animi pars una vel etiam plures sunt mortales, et quæ hinc pendent et necessaria consequuntur:

And if any beis found to doe in the contrair heirof, the censures of the Kirk to proceed against them: And sicklyke, that Masters, Regents, and Teachers, Auditors, or wthers, assert or defend any of the saids propositiones alreadie condemned be the Kirk or wtherwayes that shall happen to be condemnit be thame heirafter prohibite probabiter or wtherwayes, under the paine of the same censures of the Kirk.

Sessio 15.

Item, No act, nor any wther thing proceeding from the particular presbytries, haue fayth in tyme comeing, without the same be subscryved be the Moderator and Clark thereof.

Sessio 16.

The King’s Majestie’s Answers unto the heids presentit to his Heines from the Generall Assemblie of the Kirk.

At Striveling, the 17 of October, 1583.

His Majestie having considerit the heids, and conferrit with the messenger, touching the meaning and explication of the generalitie thereof, Understanding the first poynt to be gatherit, of the granting of the benefite of pacificatione be his Heines to Mr David Chalmers: His Majestie knawing that man only to have beene forfaultit, for that commone actione of his being at the field of Langsyde, for qwhilk pardon wes grantit to so many, thocht it no new or strange thing, at the request of such as movit his Grace, to grant unto him the lyke benefite, as many wthers for the lyke cause had of before obtained: yet no wayes intending to spare the dew punischment of him or any wthers that may be chargit or fund culpable of the murther of his Heines’ dearest ffather, or that are or shall be adversars of the religione, and impugners thereof, against his Hienes’ lawes made thereanent, the executione of qwhilks his Majestie hes been, is, and will be, willing to further.

The second heid generallie conceavit; being particularly meinit of the young Laird of Fintrie, His Majestie wishes the Assemblie to remember how his Heines had dealt in this matter, and qwhat testimoniall the Kirk of Edinburgh grantit unto him. His Majestie hes not hinderit the proceedings of the Kirk against him, nor no uthers, but meins to hold hand thereto, according to the laws.

The third head being speciallie meant of ane William Holt, Inglishman, that escapit out of the Castle of Edinburgh, His Majestie hes answerit the Queen of England’s embassadour, who movit his Grace in that matter not lang syne. It is not ane uncouth thing to hear such ane man escait; alwayes what they understand be ane indirect meanes used for letting him depart, his Majestie being speciallie informit thereof, will, after dew tryall, see the offenders punischit according to their deservyngs.

The fourth head being very generall, his Majestie thinks the Assemblie will not think it pertinent for them to haue vote in the chusing of his Majestie’s servants, or to be over curious of the occasione of the placeing or removeing of them, neither yet of the intelligence betwixt his Heines and any forraigne countries, for enterteyning of civill peace and amitie, ffrom the quhilk na princes nor commonwealthes in the world abstaines, although being diverse in religione.

The fifth head concernyng the generall complaynt upon some speciall matters appeirandly expressit in the matters following:--His Majestie wishes the Assembly, as they wald be speciallie and directly answerit, so to forme their petitions, fforbearing any particular examples, to ground generall propositions, and to remember that his Majestie took the Government in his awne persone, there is no good and profitable lawes made for the advancement of the Kirk, and trew religione, nor of before, the default of the executione thereof, and performance of promise notwithstanding in his Heines’ default.

The sixth, meining especiallie of the Tack sett to the Laird of Seagy of certaine victualls furth of the superplus of the thrids, qwhilk he had of before in pensione,--that was nae new forme, nor any wayes prohibite. He could alseweill content him with the pensione, as he had it of before, frie of all payment of dewtie. The necessar considerationes that movit the granting thereof, are weill enough knawne to many. He is imployit in publick service, wanting the living qwhairunto he is provydit in title, dureing his father’s lyfetyme, and his service is, and may be, necessar both for his Heines and the Kirk.

For any thing that may be thocht omittit toward provisione of ministers, serving at the kirks annexit to abbeyes in the late dispositiones of them, that is well supplied be act of Parliament, the executione qwhairof hes rather stayed thir twa yeares past in their awne default, or wtherwayes, they craving to haue their assignationes continewit, as in the years preceiding, and as yet not haveing directlie answerit to his Majestie’s message, sent with his Maister of Requests, to the Assembly halden at St Andrews, &c. Alwayes his Majestie made choice of certaine barrones, and uthers of good appearance, knawne zealous to the furtherance of that good wark, lipning to haue had the assignationes formed before the Assemblie: But being uncertaine of the tyme appoyntit, therefore, this year, is doubtful if they cum in Edinburgh, qwhere, if they be, his Heines shall send directione to them to proceid, or in caise of their absence, shall appoynt wthers, so as the assignationes may proceid, and so wther things as are most needfull resolvit, without any farther delay.

Touching giving of spirituall livings to bairnes, and translating them in temporall lordships, His Majestie considers his awne skaith and hinderance of his service. Therein qwhatever abuse hes interit before his Heines acceptit the government, tyme, and the approbationes of such provisiones be decreits of the Sessione, hes brought the matter to that estate, as it cannot be utherwayes helpit then be the Parliament, qwhom unto these being proponit, his Majestie sould hald hand to haue such reformatione in this behalfe as possiblie can be obtaynit.

The default of punischment of wthers mentionat in the nynt head, and of the Act of Provisione of the Poore and Punisching of Vagabonds, man not be justly impute to his Hienes, qwho hes ever been willing and readie to grant commissione to such as the ministers thocht meitest to execute the same, qwherin inabilitie was in the judges ordinar.

The tenth heid being generall, His Majestie wald be glad not only to haue it explainit, but to hear all good advyces that shall be offerit to him for the reformatione of that qwhilk shall be found amiss, and how his lawes may have place, and justly ministrat to the comfort and commone benefite of all his good subjects.

The elevinth head is also very generall, and for the only one example that hes beene spoken of to his Heines, touching the removeing of the Principall of the Colledge of Aberdeine to be minister of St Androis, His Majestie trusts the Assembly will not think that matter, the substance weill considerit, either so proper to the Kirk, or so improper to the civill estate, but that his Hines and Counsell had good ground and reasone to direct his letters as he did upon the Generalls of the North Countrie, wharin nane was prejudgit--seing their was no charge conteyning power to denunce at the first, but rather to doe the thing requyrit, or compeir and schaw ane cause in the contrair.

[FIFTIETH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk, halden at Edinburgh, in the Over-Tolbooth thereof, the 10th of May 1586, Whair there was present his Majestie’s Commissioners, my Lord Chancellour, Justice Clark, Mr John Grahame, the Pryor of Blantyre, Mr Peter Young, with the Commissioners direct from the Synodalls and Universities.

Exhortatione made be Mr Robert Pont. My Lord Privie Seall, and Mr Peter Young, direct from the King’s Majestie, schew, That his Grace being occupyit in great affayres, could not this day give his presence; and tharefore desyrit the haill breither, at afternoone, to repare to the great chapell in the Abbay, qwhere he should propone his mynd to them; and, in the meintyme, to superceid the electione of a moderator qwhill then: qwhairunto the brether agreit, with conditione it sould not prejudge the libertie of the Assemblie in any poynt; lykas the Commissioners declareit they understand of no prejudice meined thereby.

Sessio 2. Eodem die, in Capella Regia, coram Rege.

It pleasit his Majestie to propose the cause of assembling the breither to that place; and thereafter, prayer being made be Mr Robert Pont, the King proceidit to the nominatione of Mrs Peter Blackburne, David Lyndsay, Nicoll Dalgleische, to be on leets for chooseing a Moderator; and the said Mr David was elect Moderator, hac vice. Mrs John Robertsone, Alexander Rawsone, George Hay, Peter Blackburne, the Laird of Dune, William Chrystisone, William Hepburne, William Moriesone, Thomas Buchanane, David Fargysone, Robert Pont, Nicol Dalgleische, the King’s Ministers, Adame Johnstoune, David Home, Alexander Home, John Knox, James Brysone, Andrew Hay, James Andersone, Patrick Galloway, were nominat by the breither, Assessors.

His Majestie appoyntit my Lord Secretar, Justice Clark, Privie Sealle, Mr John Grahame, my Lord Culros, Mr Peter Young, to conferr, reasone, and advyse with the said breither on matters mutuallie to be proponit, and them, or any two of them, to concurr with the Assemblie on his Majestie’s behalfe, as his Heines’ Commissioners.

3 Sessio--in Pretorio.

Anent uniformitie of discipline: It is thocht meit that the same be first proponit in the privie conferrence, and thereafter publicklie.

Anent the Registers of the Kirk: Mrs George Hay and Patrick Galloway being direct to the King’s Majestie for to solicite the redelyverance of the same, his Heines answerit, that they sould be delyverit to the clerk ilk day dureing the Assemblie; but at even they should be in the hands of the Lord Privie Seall, qwhill the end of the said Assemblie, betwixt and the qwhilk day his Majestie would be present himselfe.

Sessio 4.

It is thocht universallie meit, that through the haill countries there be orderly sett downe Presbytries in the places underwritten, quhilks are judgit most proper and convenient therefore, to the number following, viz. In Orknay, ane within the Toune of Kirkwall: In Zetland, ane within the Toune of {blank space}: In Cathnes 2, Thurso and Dornock: In Ross 2, ane in Tare and uther in Channonrie: In Morray 4, viz. Inverness, Forress, Elgine, and Ruthven: In Aberdeine 5, viz. Fordoune, Dier, Innerowrie, Aberdeine, and Kincardine: In Mearnes ane, viz. in Bervie: In Anguss 3, viz. Montrose, Dundie, Brechine: In Dunkeld ane: In Perth ane: In Dumblaine ane: In Striviling ane: In Lowthiane 5, Lynlithgow, Edinburgh, Haddingtowne, Dalkeith, Dumbar: In Fyfe 4, Cowper, St Androis, Dunfermling, Kirkcaldie: In Merss, Churnsyde: In Teviotdale 3, Melross, Jedburgh, Kelso: In Twedell, Peebles: In Annandaill, Muffet: In Nithesdaill 2, Drumfreiss, Sanchar: In Galloway 4, Glenluis, Wigtowne, Kirkcudbright, St Johnes Clawchane: In Carrick, Mayboll: In the Shreffdome of Aire,--Aire, in Cunninghame, in Irwing: In Ranfrew, Pasley: In Lennox, Dumbartane: In the Nether Ward of Cliddesdall: In the Over Ward 2, Lanerick and Biggar. And to the effect that the kirks qwhilk most propperlie sould be unite to every Presbytrie may be joynit thereto, qwhairupon the Presbytries may be erectit conveniently, the Assembly ordaynes Commissioners for ilk Sheriffdome.

Sessio 5.

The breither appoyntit to give in the names of the kirks as they thocht maist properlie might be casten in to the Presbytries, pronuncit their judgements in wreit, qwhilk were delyvrit to my Lord Clark Register, qwhom the Kirk requestit to visite and consider, and to giue his judgement thereof. As to the places qwhare the Synodall Assemblies shall be halden and the day of their next conventione; it is thocht meit that thair next Assemblies shall begine the first Tuesday of October nixt to come in the particular places following, qwhare being conveinit, they shall chuse at their awne optione the same, or such other places within their bounds as they think maist expedient thereafter; and so furth from tyme to tyme, as they shall appoynt and think meitest for the first tyme.

The Synodall of Orknay in Kirkwall: of Kaithnes in Dornock: of Ross in the Channonrie: off Morray in Elgine: off Bamff in Torrey: off Aberdeen in Aberdeine: off Angus in Mernes in Brechine: off Dunkeld in Dunkeld: off Dunblaine: off Fyffe and Perth in St Androis: off Lowthiane in Edinburgh: off Merss, Teviotdale, and Tweddall, in Lawder: off Nithsdaill in Drumfries: off Galloway in Wigtowne: off Kyle, Carrick, and Cuninghame, in Aire: off Cliddsdale, Ranfrew, and Lennox, in Glasgow.

The haill Kirk requestit my Lord Secretar to intreat with his Majestie, that the Generall Assemblie may be yearly heirafter observed, and to understand quhat tyme his Majestie thinks meet for the next conventione.

Anent the doubt movit, if it be leisum to any towne or citie quhare there is ane Universitie, and ane pairt of the parochine of the said towne lyand to landwart, but thair consents and votes, to elect ane minister to the haill paroche and universitie, pretending the priviledge of ane old use and custome: The Kirk hes votit thereto negando, that it is not leisome so to doe.

Sessio 6.

Anent the heid read afternoone, referrit to farther deliberatione: the Moderator declairit that the matter in a pairt being reasonit in privie conferrence, they had pennit two articles, quhilk they thocht good the Assembly sould judge upon, and to vote to the same if they find it expedient; quhilk being read and advysit with, the haill brethren gave consent thereto; of the quhilks articles this is the tennor:

It is found that all such as the Scripture appoynts Governours of the Kirk of God, as, namely, Pastors, Doctors, and Elders, may convene to Generall Assemblies and vote in ecclesiasticall matters; and all uthers that hath any sute or uther things to propone to the Assemblie may be there present, to giue in their sutes, and propone things profitable to the Kirk, and hear reasoning, but shall not vote: 2. There are four offices ordinare sett down to us be the Scripture, to witt, Pastors, Doctors, Elders, and Deacones, and the name of a Bischop ought not to be taken as it hath been in Papistrie; but it is commone to all pastores and ministers.

Mr David Cunninghame, Bischop of Aberdeene, is ordainit to be summoned before the Presbytrie of Glasgow, for abusing his bodie in adulterie with Elspeth Sudderland.

Anent Visitation; The Kirk, after reasonyng, hes fund that it is lawfull and necessare at this tyme, and the forme thereof continewand, and the rest of the circumstances thereof heirafter to be reasoned.

Sessio 7.

Anent the heids of Visitatione, and circumstances left to farther consideratione: At the desyre of my Lord Privie Seall, the Assembly directit Mrs Robert Pont, Andrew Melvill, Thomas Blackburne, Nicoll Dalgleische, Andrew Polwant, and Thomas Buchanane, to conferr with the King’s Majestie’s Commissioners thereanent, and such others matters as shall be communicat unto them.

In presence of the haill Assembly, compeirit my Lord Maxwell, and declareit, that be the King’s Majestie’s command, he compeirit before the said Assemblie, as he had found cautione to that effect before the Counsell to compeare before them this day; and, in respect of his obedience, protestit his cautioner sould be fred, and took instruments upon his compearance and protestatione.

The Assembly, in respect they knew not the cause of his compearance, nor the King’s Majestie’s command thairanent, desyreit him to be present the morne before noone; and, in the mean tyme, craving his Heines’ Commissioners knawledge heiranent. The saids Commissioners protestit that his cautioner sould no wayes be free, qwhill his Majestie’s minde be returned be them to the Assemblie.

Anent the propositione of the King’s Majestie’s Commissioners, made to the haill Assemblie, to resolve, be good and commone deliberatione, if they will accept the Bischops sett downe in the conferrence had betwixt certaine of his Majestie’s Councill and certaine of the brethren of the ministrie, or if they will refuse? The Kirk continowit their answer qwhill the morne, after the reading publickly of the haill conferrence. Albeit, the articles agreit in the conferrence halden at Halyrudehouse, betwixt certaine appoyntit be the King’s Majestie of his Counsell, and certaine of the ministrie callit be his Grace to that effect; the particulars being openly read, The brethrene agreit to the first article, it being conceivit in thir termes:--

It is condescendit that the name of a Bischop hes a speciall charge and functione annexit to it be the word of God, the same that the ordinarie pastor hes.

Compeirit the Earle of Mortoune. Lord Maxwell being accusit for the heiring of Mass, and the Act of the King’s Majestie’s Privie Counsell being read for the satisfactione of the Kirk thereanent; he answerit, that he had satisfyed the King’s law, and desyrit the conferrence of learnit men concernyng the Religione and participatione of the Lord’s table.

Sessio 9.

Anent the remanent Articles of the said conferrence: It was thocht good, first, to lay some grounds to reasone on: And, first, after reasonyng, it was concludit, that it is lawfull to the Generall Assemblie, to admitt a pastor or minister having a benefice presentit be the King’s Majestie unto the same: Sicklyke that visitatione is in the persone of pastors: Item, The Generall Assembly may send a man, accompanyed with such as the Presbytrie shall adjoyne to him in visitatione.

Sessio 10.

In answering to the heads of the conferrence had betwixt certaine of his Majestie’s Councill, and certaine of the brether at his command, the haill Assemblie declairs, that [by] the name of a Bischope, they only meine of such a Bischope as is descryvit be Paull; and swa understanding, they agree with the 3d Article of the said conferrence. Concernyng the 4th Article, it is agreed, that the Bischop may be appoyntit be the Generall Assemblie to visite certaine bounds to be limitat to him; and, in visitatione thereof, he shall proceed be the advyce of the Synodall Assembly, and such as they shall adjoyne to him. In receaving of presentationes and collationes, giving of benefices, he shall proceed be the advyce and vote of the Presbytrie qwhere the benefice lyis, and of certaine Assessors to be joynit to him, at the leist of the maist pairt of the Presbytrie and Assessors, unto the tyme the Presbytrie be better constitute, and the Generall Kirk take farther order. The same Assessors, at the first time, shall be nominat be the Generall Assembly.

Sessio 11.

He shall be subject, in respect he is a pastor as uther pastors are, to be tryit and censured in his lyfe and doctrine be the Presbytrie or Synodall Assemblie; and, because he hes Commissione of the Generall Assemblie, in that respect to be tryit be them. If he admitt or depryve without the maist pairt of the Presbytrie’s consent and Counsell, the deed to be null, and the doing thereof to be ane sufficient cause of deprivatione of him: his power to be ordinis causa, non jurisdictionis. Where they that commonly are callit Bischops may not overtake the haill bounds, callit of old Diocie, Commissioners shall be presentit be his Majestie to the Generall Assemblie, and admittit be them thereto, as the said Bischops are to theirs, and to be comptable allanerlie to the said Assemblie for their Commissione; and the Bischops to have no power within their bounds more than they have within his bounds, The Commissioners, being elect as said is, to have a like counsell and power in the execution of their office as the Bischops hes: That the Commissioners appoyntit to visite in their Presbytries or their particular kirks, as the Presbytries or Synodall Assemblies think good--not prejudging the Presbytrie’s particular visitatione. The same cause of lyfe and doctrine to depryve a Bischop or Commissioner that depryves a minister. The 14th Article agreit to. Anent the Assemblies, the first Article agreit to also.

The Commissioners of the King’s Majestie protestit, in respect the Assembly had casten down that qwhilk was requyrit in the Conferrence halden att Halyrudehouse, that nothing be done therein mair in the said Conferrence, nor this Assembly, have any force or effect; and namely, in respect they have subject Bischops to the tryall and censure of the Presbytrie and Synodall Assemblies: In respect of the qwhilk protestatione, the Assembly immediatly direct to the King’s Majestie Mrs Robert Pont, James Martine, and Patrick Galloway, to informe his Grace concerning this matter.

Sessio 12.

The brether direct to the King’s Majestie yesternight, reportit, that his Majestie could not agrie that Bischops and Commissioners sould be utherwayes tryit then be Generall Assemblie. In respect of the tyme, the Assemblie hes thocht it expedient, That albeit it be thocht lawfull and reasonable be them, that the tryall and censuring of pastores be in the Presbytries qwhair they remain, nottheless, that the tryall and censuring of such pastors as the Generall Assembly shall giue Commissione to visit, shall be in the hand of the said Assembly, or such as they shall deput, qwhill farder order be taine be the Generall Assembly.

Ordaynes Mr Andrew Melvill to penne a favourable letter to the French Ministers qwho are to repaire within the countrie to the King’s Majestie’s licence, assureing them of the travells of the Kirk at his Hienes’ hand and burrowes.

Anent the continwance of the Commissione gine to Commissioners appoyntit be the Generall Assemblie: It is resolvit, that the saids Commissioners shall continow in that charge for ane year nixt to come, and from thence furth, according as the said Assemblie shall think expedient.

Sessio 13.

Concerning the appellatione interponit be the Bischop of St Androis from the proces of the sentence of excommunicatione led and pronuncit against him be the Synodall Assemblie of Fyfe: It was thocht meit that Mrs Patrick Galloway and John Duncansone pass downe to the King’s Majestie, to desyre, if his Grace think good, that certaine of his Counsell be appoyntit, with certaine of the brethrene to be nominat be the Assemblie, to sicht the said proces and appellatione, before the same be brought in publick judgement and sight of the Assemblie? His Majestie’s answer being returnit, that he agries unto the said desyre.

Anent Commissione of Visitatione, aither the Bischop or uther: The Assemblie declaires, that all the saids Commissiones shall cease and take no effect in tyme comeing, without new Commissione from the Generall Assembly to them to that effect.

Sessio 15.

Ordaynes two or three of every countrie to resort to my Lord Clerk Register, to visit the platt of ministers’ steipends, and sicklyke of the Presbytries, and order thereof, qwhere they may giue their advyce and be best satisfiet. Qwhere the King’s Majestie and his houss makes residence, it is found meit that they, with his Grace’s ministers, be of that Presbytrie qwhere they make their residence; and the samen to be understand of the Nobilitie, their housses and ministrie.

The Letter ordaynit to be direct to the French Ministers being read, was thocht meit to be written over and delyverit to Monsieur Muline, under the subscriptione of the Moderator and Clark.

Sessio 16.

Forsuameikle as, in the Conferrence, some things were thocht meit to be proponed to the Assemblie, concernyng the matter of the appellatione of the Synodall Assemblie of Fyfe, interponit be the Bischop of St Androis; The Breither of the said Synodall, so many as were present, being desyrit to remove, protestit concernyng that actione, that the Assemblie sould proceed in forme, and take in the appellatione with the proces, heir the alleadgeances of the appellant and their answers, offering them readie instantly to offer; and so accordingly to proceed and judge, utherwayes howsoever they judgit, proceeded or sentenced in that matter, that it should be no prejudice to their proces and sentence, nor to them, nor to the whole Kirk of Scotland.

The breither, for the maist pairt, voited not to enter in the rigorous discussing of the appellatione and proces forsaid, but to be a midds therein, such as was proponit in wreit, and read be the Moderator openlie unto them, qwhereof the tenor follows:--

If the Bischope, be his hand-wreit or personall appearance in the Assembly, will in God’s presence deny, that ever he either publickly professed, or meined in any sort to acclaime a supremacie, or to be judge to uther pastors or ministers, or ever allowit the same to have any ground in God’s word--and, if he had so done, it had been ane error, and against his conscience and knawledge: 2. If he will deny that, in the last Synodall Assemblie, he acclaimit to be judge thereto, and if he did that, in that he errit, and in his superiours behaviour and contempt of the said Synodall, and his brethren present, and craved oversicht thereof, and promisand good behaviour in tyme to come: 3. If he will promise to clame no farther nor he may justly be God’s word, and according to the late conferrence, and indevore himselfe in all behalfes to schaw himselfe in all tyme to come, ane moderat pastor, and, in so far as may be able, ane Bischop prescryvit be Paul, and to submit his life and doctrine to the judgement and censure of the Generall Assembly, without any reclamatione, provocatione, or appellatione therefrom in any tyme comeing: For his Majestie’s satisfactione, and to giue testimonie with qwhat good will we wold obey his Heines, so far as we might and ought, or in our conscience we may, and for the good hope we have of his Majestie’s favourable concurrence in building of the house of God, and for quyetness to continow in the Kirk within this realme: And because the proces of excommunicatione was led, and sentence pronouncit dureing the tyme of the Conferrence, Qwhereupon his Majestie hes taken occasione of offence, qwhilk for many good causes war convenient for to be removeit, we will forbear to examine the said proces, or to decyde qwhatsoever provocation or appellatione, or to call in doubt the legalitie of the said proces, or condemn the said Synodall; yet, for the respects forsaids, and upon good and weightie considerationes, we hold the said proces and sentence as unled, undecydit or pronuncit, and repone the said Bischop in all respects so as may concerne the said proces and sentence of excommunicatione, in the former estate he was in immediately before the same, lykeas no proces or sentence had been led nor deducit against him; provyding alwayes he observe qwhat hes been promised be him in the premisses, and behave himself dewtifully in his vocatione in all tyme comeing.

Articles ordaynit be the Assemblie to be proponit and cravit of his Majestie.

It will please your Majestie to take some substantive order how the countrie may, without delay, be purgit of the pestiferous sect of Jesuites, speciallie of such as for the friendschip in the North is hichlie authorized; who, although they have been summoned to underly the law, and assiste summond to that effect, yet their non-compeirance dispensed with, they friely ganging through the countrie, meining nothing less then to depart, and Jesuites furth of the South and furth of France repairing of new to them.

Item, That seing papistry abounds in the North, be reason of the state of qualified ministers therein, for lake of sufficient provisione and stipends, that therefore assignationes be made unto them conformable unto the ministrie of the South, and that the thrids there be not assignit to the Kirks of the South, qwhill their owne Kirks be provydit sufficiently, and such as wtherwayes hes been disponit may be dischargit.

Item, That judges may be appoyntit in all schyres for executione of the acts of Parliament, made against the breakers of the Sabbath, adulterers, and such open transgressors of God’s law.

Item, That in chiefe borrows-townes, there be teaching ordinare four tymes in the week, besyde the discipline, visitatione of the seik, ordinare to pastors and wthers charges; that two ministers be appoyntit to such townes.

5. That order be taken how the Colledge Kirks may be servit.

6. That order may be taken for Manses and Gleibs to ministers makand residence at Abbay Kirks, as also such as hes or shall have manses and gleibs, may have their necessars thereto,--such as fewall and pastorage, with feall and deviot, such as was wont to be of old.

7. That all gifts of benefices having the cure of sawles annexit to them, disponit be his Heines pleno jure, and not qualified persones presentit to them with ordinar tryall and collatione following thereupone, may be declared, according to the king’s lawes alreadie made, null; and that his Heines will giue new presentationes thereupon to qualified persones, and the nullitie of the former gift to be discussit alsweill be way of exceptione as actione.

8. That all presentationes or gifts of benefices of cure less nor prelacies, disponit alsweill be his Majestie as a lawit patrone wtherwayes then to qualified ministers, or in any extrordinary forme not allowable to the commone law of the municipall lawes of this realme, and forme observit in the Reformit Kirk of the same, since his Majestie’s coronatione, may be annullit, and new presentations grantit to qualified ministers--admitting the nullitie to be discussed, alsweill be the way of exceptione as actione.

9. That all collations grantit be men that had no commissione nor ecclesiastical functione in the Kirk, nor of that place and countrie the tyme of the giving of the collatione, to be declarit null, and the fruits sequestred, at the least qwhill the persones claimand right be such collatione, be of new examined, tryed, and admittit, if he be found worthie be them qwho shall be appoynted to that effect, and authorized be this present Assemblie.

10. That the benefices of cure under prelacies, qwhereunto ministers are admittit, may be frie from payment of the first fruits and fyft penny, and may haue their signators of presentatione expede be the Privy Seall, in his Majestie’s owne subscriptione only, and the Secretars, without any payment or cautione found to the Thesaurer; and such poor men as hes alreadie payit or found cautione, for payment quhereof my Lord Thesaurer hes not already chairgit him in his compts, to haue the same refundit to them, or dischargit.

11. Seing the default of non-depryving the unworthie, culpable, and non-resident ministers proceeds of this, that sundrie of the bischops hes been negligent in syndrie places; in some wther parts there is no bischops or commissioners, and so the acts are not execute: the Books of Modification, full of such persones as haue never schawne themselves as ministers; That, therefore, ane commissione be gine to ane or ma qualified persons, ministers, to sit in Edinburgh, and call the non-residents and wthers delatit to be worthy of depryvatione, or depryvit, qwhere there may be consultatione of learnit men had, and the proces may be led without boast or fear.

12. It is heavilie complainit be many poor men, ministers and readers, having personages and viccarages assignit to them for their stipends, that they are exorbitantly and ungodlie used in taxationes, their benefice being lang syne decayed through the want of corps-presents, wpmost cloathes, peace fies, offerands, and such lyke things, wswallie payit in tyme of papistrie, qwhilks was the principall rents of many personages and viccarages; and that they must pay the extreamitie of the old taxatione according to the rate as rentalls war then, at least without any reliefe, qwhair the most part of the prelates exemit from preaching or service in the Kirk, gets the haile relief of the poor feuars and vassalls, and that therefore there may be found more equitable order of taxatione appoyntit for the tyme to come.

13. That it will please his Grace to cause consider what prelacies hes vaiked since the act of Parliament made in October 1581, and that speciall assignatione be made for sustaining the ministers of the Kirk belanging to them, of the readiest fruits of the same Kirks, wtherwayes the provisione according to the act to be declairit null.

14. That the Bischops, Commissioners of Argyll, and of the Isles, may be subject to attend upon the Assemblies Generall, and to keep their exercises and Synodall Assemblies, as in wther parts of this realme, whilks is ane furtherance to the King’s Majestie’s obedience, wtherwayes they appear as exeimit out of his dominione.

15. That his Majestie now yet give directione to some persones of experience and good will, to searche, enquire, and try the trew estate of the rentalls of all prelacies and wther benefices, at this present, and in qwhaise default, and be qwhat occasione they are so hurt and dismemberit, that thereafter the best remedies that is possible may be considerit and provydit, for helping of them hereafter, both for the weill of the King and the Kirk.

16. That his Majesty will cause the Lords of Sessione declare, whither his Grace or the Earle of Orknay hes right to the patronages of the benefices of Orknay and Zetland, to the effect that titles of benefices conferrit to poor men, ministers, be not ay in danger of annulling, upon incertaintie of the right of the patronage.

17. That no persons or stipends be put in the Book of Modificatione, but such as the Commissioners of the Kirk shall affirme and testifie upon their truth to be qualified persones, and actually making residence at their Kirks.

18. That viccarage-pensioners and stawars, as they vaike, after decease or deprivatione of the present possessors may accresce, to be imployit to principall benefice, and to be assignit to the minister in his living and stipend.

19. That all readers provydit of before to viccarages or stipends, may brook the same qwhill their deceise or deprivatione; and nane to be admittit to the title of any benefice of cure or stipend in the Book of Modificatione in tyme coming, but qualified ministers.

20. That the haill rents of the benefices of cure under prelacies disponit to ministers since his Heines’ coronatione, be assignit haillie and allowit to them in their stipends.

21. That the judgement of all causes of deprivation concernyng ministers for benefices in the second instance, shall come be way of appellatione to the Generall Assemblie, and there take finall end, and not before the Lords of Sessione, be way of reductione.

Sessio 17.

The qwhilk day Mr Andrew Hunter made protestation publickly in the Assemblie as follows, viz. That in respect that the Provinciall Assemblie of the Kirk of God, gatherit together in his name, and halden at St Androis the 12th day of Apryle 1586, for manifest crymes, open contumacie, hes justly and formallie, according to the word of God and sincere custome of the Kirk of God, excommunicat Mr Patrick Adamsone; and that in this Assemblie they take upon them to absolve the said Mr Patrick from the said sentence, the proces not being tryit nor heard in publick--the persone excommunicat declairing no signes of trew repentance, neither craveing the same absolvitor be himself nor his procurators before the very tyme qwherein they absolve him: He therefore for his part, and in name of all uther trew brethrene and Christians quho will be participat hereof, taks God to record of the dealling of that provinciall and this Generall Assemblie--protestit also before the Almightie, his holy Angells, and Saints here convenit, that he hes no assureance of God’s word nor of conscience, to effect, allow, or approve this his absolvitor; and, therefore, unto the tyme he persuade his conversione to be trew and effectuall, he cannot but hald him a man justly delyverit to Satane, notwithstanding the said absolutione: And this protestatione, subscryvit with his hand, he desyrit to be registrat ad perpetuam memoriam, and therewithall gave in the speciall reasons moveing him thereunto premittit to the said protestation; as the originall at lenth bears.

Mr Andrew Melvill and Thomas Buchanane adheirit to the protestatione made before.

Mr Patrick Adamsone subscryvit the conditions proponit be the Assembly before at Halyrudehouse, the 20th of May 1586, with his declaratione thereupon; for the quhilk cause the Assemblie absolvit him, and for the quhilks causes as they are contained in the said propositione at lenth, they declare as is above conteinit.

All ministers are exhortit and admonisched to judge charitably of uthers, albeit there be diversitie in their opinions and votes, remitting every man to God and his conscience; and that nane publickly nor in pulpit quarrell or impugne the determinatione of the Generall Assembly concernyng the appellatione from the sentence of the Synod of Fyfe.

Sessio 18.

The brethren direct to the King’s Majestie with certaine articles, craving present resolutione, reportit his Majestie’s answer--that in the haill heids fand little difficultie except quhilk is notit with his Majestie’s hand. His Grace agried that thare be Generall Assemblies every year, once, and ofter pro re nata.[23]

Matteris to be intreatit in the Presbytries.

The power of Presbytries is to give diligent labours in the bounds committit to their chairge, that the Kirk be keepit in good order; to inquire diligently of naughty and ungodly persones, and travell to bring them in the way againe, be admonitione and threating of God’s judgements, or be correctione. 2. It appertaynes to them to take heed that the word of God be purely preachit within their bounds, the sacraments rightly ministrate, the discipline intertained, and the ecclesiasticall goods uncorruptly distribute. 3. It belongeth to them to cause the ordinances made be the Assemblies, provinciall and Generall, to be keepit and put in execution. 4. To make constitutiones whilk concerns το πρεπον in the Kirk, or decent order for the particular kirks qwhere they governe; provyding they alter no rules made by the provinciall or Generall Assemblies, and that they make the provincialls forsaids privy to the rewles that they shall make, and to abolische constitutiones tending to the hurt of the same. 5. It hes power to excommunicate the obstinate.

His Majestie agried unto this fifth article in this manner: It hes pouer to excommunicate the obstinate, formall proces being led, and dew intervalls of tymes. Faults to be censured in the Presbytrie--Heresie, Papistrie, Apostacie, Idolatrie, Witchcraft, Consulters with Witches, Contempt of the Word, Not Resorting to the Word, Continuance in Blasphemie against God and his Trewth, Perjurie, Incest, Adulterie, Fornication, Drunkenness. Thir things for the present, and further qwhill order be taken in the conferrence.

Anent particular kirks: If they be lawfullie rewlit be ministers and sessione, they haue power and jurisdictione of their owne congregatione, in matters ecclesiasticall to take order therewith, and things that they cannot decyde to bring them to the Presbytrie.

Farther, it was schawne to the said Assemblie be the brether direct to his Majestie, that his Grace declareit, That for tryall of any sclander in the lyfe, conversatione, and doctrine of Bischopes or Commissioners, the said Assemblie sould appoynt ane number of brethren in every province, haveing power from the said Assemblie to try them and take probatione, lead process therein betwixt and the next Assemblie, if occasion sall fall out; remitting the finall sentence and determination to the said Generall Assemblie.

The Generall Assemblie of the Kirk giues full power and commission to certaine breither of every province to summond before them respective, at such day and place as they shall think expedient, the Bischopes and Commissioners, if they find occasione of sclander to aryse be them in lyfe, doctrine, or conversatione, at any tyme betwixt and the nixt Generall Assembly; and to try and take probatione thereof, lead and deduce proces against them, to the sentence exclusive; remitting finall judgement therin to the said Generall Assemblie.

Anent Moderators of Presbytries: Qwhill farther order be taine, it is agreit that where the Bischops and Commissioners makes their residence, that in these Presbitries they shall be Moderators, except in Fyfe, qwhairr, be his Majestie’s advyce, Mr Robert Wilkie is continowit Moderator of the Presbytrie of St Androis until the nixt Generall Assemblie.

At the suite of the Assemblie, his Majestie’s Commissioners hes agreit that the priuiledge qwhilk the Kirk had in the sessione of two dayes in the week for calling their actiones shall be restorit, and John Lyndsay and Mr John Grahame to be ordinary waiters on.

Sicklyke agried, with advyce of the saids Commissioners, that James Mowat be Solicitor for the Kirk, if Mr George Mackisone and he be agreed.

Commissioners war appoyntit to present unto his Majestie and Counsell the humble petitiones, complaints, articles, and heids delyverit to them, and humblie to crave his Majestie’s answer therunto--treat, conferre, and reasone thairupone, and upon such heads and articles as shall be on his Majestie’s behalfe, or be his Commissioners proponit to them; and qwhat herein bies proceidit, to reporte to the next Generall Assemblie of the Kirk.

Anent the excommunicatione of Mr James Melvill, minister of Kylrynnie, and certaine breither of Fyfe, be Patrick Hamiltone and Samuell Cunninghame: The Assemblie ordayns the Presbytrie of St Androis to take tryall in that matter, and put order to the same, according to the qualitie of the offence.

THE ESTATE and order of the Presbytries, with the bounds of the Commissioners, presentit be me Lord Clark of Register, and sett downe in his Lordship’s travells, at the request of the Kirk.

Zetland.

Tingwell. Qwhytness. Vesdaill. Qwhalsa. Skerres. Nesting. Lunasting. Brassay. Burray. Sandsting. Esthting. Sandness. Papa. Fula. Vansa. Olaberrie. St Colme’s Kirk. Cross Kirk. Delting. Olnafyrth. Stalisla. Fetlarre. Hamnavoe. Rafuiren. Nestinzell. Unst. Sandwick. Cunnigsburgh. Cros Kirk. Faire Yle. Bulzesta. Dunrossness.

Orknay.

Kirkwall. St Olawis Kirk. Birsa. Harray. St Androis Kirk in Deirness. Holme. Orfare. Stane House. Firth. Euie. Randell. Inhallow. Stromness. Sandwick. Russay. Eglissay. Weir. Valliss. Flottay. Farray. Hoy. Grimsay. St Nicolas Kirk. Marie Kirk. Peter Kirk, in Stronsay. Ethay. Farray. Ladie-Croce Kirk. Papa. Vestra. Ladie Kirk. Croce Kirk. St Colmes Kirk in Sanda. Schapinsay. Ladie Kirk in Burnwick. Peeter Kirk. Strownay. Burray. All in South Ronnalsay.

Cathness.

Weik. Bonar. Vaiting. Cannisbie. Dunnet. Halkirk. Skenqwhair. Olrick. Lathroonie. Thurse. Ray. Ardurnes. Farre. Southerland. Assent. Dornoch. Creich. Lerg. Roggers. Kylmalchie. Clyne. Loch. Kyldonan.

Ross.

Kyncardine. Taine. Eddertaine. Nigherbert. Talmurecester. Logie Eister. Rosken. Newmakyll. Alvess. Kylterie. Linlair. Dingwall. Chanrie. Ava. Kilmuirwester. Arthurfeir. Foddertie. Killernane. Suddie. Kinnettes. Urquhart. Logie Wester. Urray. Cullickden. Kilmorack. Kirk Chryst. Kirk Michael. Contane. Cromartie. Lochbroome. Lochalsie. Lochcarrone. Gerloch. Apple Croce. Kyntaill. Innerness. Bowochie. Fairway. Croy. Moy. Pettre. Brachtie. Bravaine. Dallarasch. Lundichie. Dawie. Durriss. Dacuss. Bolleskine. Vardlaw. Conveth. Comer. Abertarff. Kynnies. Laggane. Skyrre. Alloway. Rothiemurcus. Kyncardine.

Morray.

Forres. Edinclachie. Altar. Raffort. Ardclache. Dollester. Alves. Lan Bryde. Dyke. Moy. Aldearne. Nairne. Kirkmichaell. Enneralloch. Knock Ardoche. Urquhart. Glenmoristowne. Ennerawine. Douthill. Abernethie. Abdie. Cromadell. Elgine. St Androwis Kirk. Spynay. Kingedward. Eslie. Duffus. Owgstoune. Dupplie. Ruthven. Aberloure. Skirdurskin. Pittenther. Birney. Rothes. Urquhart. Billie. Kynnore. Dumbennen. Botter. Elchiss. Glasse. Gorlay. Drimgalgie. Keith. Rothiemay. Forge. Drumblaitt. Murthlache. Dumnieth. Cabroche. Esse. Rynde. Achindore.

Bamfe.

Rathwen. Foresken. Durduche. Kincallartie. Fordice. Cullene. Deskfuird. Orgowthill. Bamffe. Innerbundyne. Alnethie. Forgline. Ennerkeithnie. Aberchirdore. Gemry. Kingedward. Turreffe. Auchterless. Deir. Fetterangus. Lundlay. Methlick. Tarwess. Pettringay. Crichmund. Rathine. Lunmay. Cruden. Slaines. Furvey. Allane. Tyrie. Aberdowre. Fillorth.

Aberdeene.

Logie-Buchane. Foveran. Balhelvie. Auld Aberdeene. Monycabock. New Aberdeene. Nige. Banchorie. Marieculter. Peterculter. Dilmaick. Duriss. Dyce. Fintray. Kintoir. Kinellane. Skeine. Kinnairnie. Ennerowrie. Momagie. Rothlie. Fyvie. Tarves. Logie Durnoche. Premna. Leslie. Dawid. Urie. Raine. Kynnathmont. Chrystis Kirk. Clait. Inche-Colsalmond. Fetterneir. Kyncardoneil. Glentannar. Lesmore. Cluny. Afuird. Keige. Lochinhill. Monymusk. Eght. Auchindore. Tarnatie. Strawchin. Birss. Boynd. Tulliche. Glennig. Abergardin. Crathy. Kindrocht. Tond. Cushnie. Colchodistore. Logie-Mar. Cowter. Migwie. Tarlane. Kildrummie. Glenbutchit. Ennernauchtie. Kirkthock. Forbes. Keir. Tillienessell.

Meirnes and Angus.

Fitteresso. Dunnotter. Garvock. Catterling. Fordoune. Conveth. Kineth. Bernire. Rescoby. Arbuthnot. Benholme. Eglesgreig. Aberluchoch. Glenbervie. Fettercarne. Newdesk. Breichine. Buttergill. Killiemure. Serminvel. Cruikestone. Stracatrow. Lethnoche. Lochlea. Navar. Fynaven. Kincardrin. Netherellie. Kerremure. Aberlemno. Aldbar. Edzell. Drumlappie. Glames. Clova. Luntrathane. Forfar. Restennet. Nethie. Kinnettles. Tannodyne. Essie. Ederaritie. Kirkbuddo. Corchie. Montrose. Dune. Eglishem. Guthrie. Ewie. Dunnityne. Lady Montrose. Inchbracock. Memmure. Marie-Ettone. Lownan. Ennerkeillour. Eithie. Aberbroth. St Vigians. Kinnell. Barrie. Abirlot. Dundie. Maines. Logie Dundie. Liphe. Ennergowrie. Murrous. Balumby. Monyfurth. Monikei. Panbryde. Fowls. Langforgan. Inchture. Kinnaird. Rossie. Abernytt. Bennvy. Lundie. Auchterhouse. Teilling. Logie. Alloway. Strathmartine. Newtyll. Navar. Migle.

Perth.

Malar. Kinowll. Kinfawns. Scone. Cambusmichell. St Martine’s Kirk. Auld Melgidge. Kilspindie. Reatt. Erroll. Inchmartine. St Marroys. Aberneithie. Dron. Dumbarnie. Pottie. Montcreiff. Forgundine. Fortiviot. Eglismagredell. Mowcarsie. Dunnyn. Rynd. Tibbermure. Aberdagie. Pitcairne. Kintaill. Maidartie. Methven. Logiearde. Roggartowne. Collas. Trinitie-Gask. Findo-Gask.

Dunkeld.

Dawallie. Inchaddan. Cluny. Forthragill. Weyme. Kilmarwock. Strowall. Lud. Ramach. Dow. Garntullie. Fosse. Logiereat. Kirkmichell. Mulyne. Ardunan. Strath-Phinane. Kilen. Lundyffe. Rattray. Cargill. Blair. Kapeith. Cluny. Brunithy. Allicht. Ruthven. Glenaylla. Kinclevine. Monyday.

Dumblane.

Kilbryde. Kilmadock. Kincardin. Port. Gilmahug. Callendreich. Lenie. Aberfule. Baqwhidder. Comrie. Strowen. Tillieheithlie. Muthill. Strogeith. Achterardour. Aber Ruthven. Monyvaird. Monychie. Fowls. Creiche.

Striveling.

Striveling. Logie. Lecrope. Cambuskenneth. Kippand. St Ninians. Kirk-in-Mure. Lairbaire. Dunnypace. Airthe. Bothkinner. Clackmannan. Tulliebodie. Tulliallane. Fossochie. Tulliboyle. Glendowan. Muckart. Dolour. Alnethe. Tulliecowtrie. Fawkirk. Slamanane.

Fyffe.

St Androis. St Leonards. Dinmow. Craill. Kilrainnie. Anstruther. Pittenweyme. Abercrombie. Kilconquhar. Newburne. Largo. Seres. Kembock. Dairsie. Balmirrinoch. Logie-Murdo. Lewchars. Forgan. Cowper. Kilmeny. Auchtermoonsay. Creich. Dunbogi. Flisk. Monymaill. Collessie. Auchtermuchtie. Ebdie. Stramiglo. Arngask. Falkland. Lathrisk. Kirkforther. Kirkaldie. Scoonie. Kennoquhy. Markinch. Methel. Weymes. Dysart. Kinghorne. Auchertoole. Bruntiland. Auchterdyrie. Balingrie. Leslie. Dumfermling. Kinglassie. Portmuck. Urvell. Kinrosche. Cleische. Saling. Carnock. Culros. Crumbie. Enderkeithing. Rossey. Aberdour. Dalgatie. Baith. Torrie.

Lynlythgow.

Carden. Bynnie. Kinnell. Caldercults. Strabrock. Eglischemachen. Kirklistoune. Dummany. Torphichen. Bathcat. Livingstowne. Abercorne. Athcathie. Kirknewtowne. Calder-Cleir.

Edinburgh.

St Cuthbert’s Kirk. Corstorphine. Halyrudehouse. Castle of Edinburgh. Leith. Dudingstoune. Halis. Restalrig. Cramont. Ratho. Gogar. Curry. St Catherine-in-Hopes. Mussillbrugh. Natowne. Libbertoune. Dalkeith. Laswad. Glencorce. Mewill. Newbottle. Cockpen. Pentland. Pennycuik. Month-Lawthian. Temple Borthwick. Caringtowne. Clarkingtowne. Creightoune. Ormistoune. Fawla. Fintra. Cranstoune.

Haddingtowne.

St Martine’s Kirk. Elstineford. Boultone. Bothaines. Morchame. Barrow. Garvet. Northbervick. Gulane. Aberladie. Settone. Tranent. Pinkieclend. Saltowne. Keithniby. Keithmitchell. Dunass. Spote. Enderwick. Auld Hamstiks. Coldbrandspeth. Aldcammis. Qwhittinghame. Dunninghame. Stentowne. Qwhytkirk. Aldhome. Basse. Coldinghame. Aittowne. Lambertowne. Haltowne. Swyntowne. Homdene. Fischweick. Piltoun. Chirnside. Bunkle. Prestoune. Caunell. Simprem. Langtowne. Fergo. Polwart. Dinne. Qwhitsone. Mordingtowne. Lanfurmagus. Ellanane. St Cuthberts. Fowldoune. Edrum. Cranschaws. Kelso. Meychell. St James’ Kirk. Spreustoune. Limpitlaw. Ednem. Zittame. Lyntowne. Marbottle. Mow. Hoome. Auld Roxburgh. Mackerstowne. Montharnay. Grimland. Duillis. Gordoune. Stitchell. Melros. Lessindine. Maxtoune. Smatthane. Mortoune. Ligerwood. Bassinden. Hessitoune. Lawder. Chingclek. Stow. Bundane. Langnewtoune. Lillieschleiffe. Selcraig. Leindene. Nook of Ettrick. Rankilburne. Askirk. Geddart. Crailling. Nisbet. Oxnem. Ankrum. Mynto. Bedrewll. Abbots Rowle. Hopes Kirk. Hassinden. Cawers. Hawick. Viltoune. Kirknewtoune. Suddune. Ekfurde. Cassiltoune. Ettiltowne. Peibles. Maner. Ennerlethane. Hopculcheuor. Traquare. Etleistoune. Newlands. Kirkurd. Stobo. Drumalcheour. Dalvick. Brodtowne. Glenqwhairne. Stralling. Kilbuthie. Lin. Lantowne. Lanereik. Carloouch. Pittinaine. Cothqwhan. Libbertoune. Crowartoune. Thankertoune. Carnwath. Robertstowne. Carstaires. Simontoune. Vischtoune. Crawfurd John. Crawfurd Douglass. Hartsyde. Lamintoune. Culter. Velstoune. Dunschyre. Dolphingtowne. Bigger. Dowglass. Carmichell. Leschmahago. Stenhouse.

Glasgow.

Calder. Monkland. Bothwell. Schotts. Cambuschnethane. Dalzell. Strathaven. Hamiltoune. Dalserff. Glasford. Cambuslang. Carmunnock. Torrence. Blantyre. Kilbryde. Rutherglaine. Cathcart. Givane. Campsie. Lunchie. Monyabroche. Peslay. Neiles. Kiberchane. Eistwoode. Nerriness. Ranfrow. Inchschinane. Erskine. Egleschame. Lochquinchoche. Howstone. Kilmacome. Killellane. Enderkirks. Dumbartane. Caldrosse. Bulill. Lowss. Kilmahow. Rosnethie. Kilterne. Fintrie. Strablane. Kilmaronock. Drimmen. Balthrone. Kirkpatrick. Bothernock. Inchcalcheaur. Irving. Perstoune. Largiss. Cumrie. Kilbryde. Ardrossan. Kilwinning. Dunlop. Baith. Stainsone. Dalie. Kilburnie. Kilmarnock. Lundene. Kilmaves. Stewartone. Dreghorne. Aire. Alloway. Tarboltoune. Barnwell. Craige. Ricartowne. Monktowne. St Cavocks. Prestick. Dundonald. Corsbie. Simontowne. Vchiltrie. Auchinleck. Machlen. Kirk of Mure. Gastoune. Darympill. Querltoune. Dalmelingtoune. Mayboll. Kirkoswald. Kirk Michell. Clamonell. Stratowne. Kirkcudbright. Daylie. Girvane. Schaschank. Glenluice. Inchie. Salsit. Kirkholme. Lesswall. Stanie Kirk. Tostartowne. Kirkmadin in Ryndis. Wigtowne. Qwhitterne. Conglingtoun. Kirkcowan. Kirkmadane. Sorbie. Kirkinner. Mochrum. Pennynghame. Glassertowne. Kirkmadan in Fairnes. Kirkcudbright. Galney. Dunrod. Balmache. Kylchryst. Twinen. Tungland. Borge. Kirkaiders. Sandweck. Girtowne. Anvethe. Kirkmabreck. Kirkdaill. Monygaff. Drundennane. Bowthill. Geltoune. Gilkstoune. Kirkormoch. Corsmichall. Partoune. Dalry. Kellis. Balmaclellane. Drumfreiss. Troqueir. Terngliss. Newabbay. Hallywood. Guddick. Lochrawne. Kirkunchean. Kirkpatrick. Irwing. Kirkpatrick in the Muire. Kirkblaine. Cowane. Callaroch. Torquhorrell. Kirkmahe. Penpont. Tyrewyne. Dowrisdaire. Kilbryde. Mortun. Kirkonell. Sanquhar. Closeburne. Dalgairne. Dunskyre. Glencairne. Lochmabane. Muffet. Kirkpatrick-juxta. Johnstoune. Wanfray. Kirkmichel. Trailflate. Dongraine. Kirkwall. Meikledaltoune. Litledaltoune. Muswald. Ruthwall. Huttoune. Aplegarthe. Drysdaill. Sibelly. Annand. Dronock. Castlemilk. Cummertries. Lwiff. Pennerfacks. Trailnow. Eglischame. Mordenlie. Torrie. Kirkonell. Caruthers. Tonargirthe. Gratnay. Reid Kirk, alias Kirk Pato. Vachope. Cannobie. Mortun. Vastraker. Stapplegratoun. Nether Kirk of Elis. Over Kirk of Elis.

[FIFTY-FIRST GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveint at Edinburgh, the 20th day of Junii 1587, qwhair there was assemblit the King’s Commissioners, my Lords Chancellour and Blantyre, with the Commissioners with the Brethrene.

Exhortatione made be Mr David Lyndsay. Leets, Mr Nicoll Dalgleische, Patrick Galloway, Thomas Buchanane, and Andrew Melvill: The said Mr Andrew, be pluralitie of votis, was chosen Moderator, hac vice. At the said Mr Andrew his desyre, Mrs David Lyndsay, Nicoll Dalgleische, Patrick Galloway, Paull Fraser, Thomas Buchanan, Robert Pont, Robert Bruce, Robert Craigie, Walter Balcanquall, Patrick Simsone, James Brysone, Peter Blackburne, and Androw Hay, were nominat Assessors.

Sessio 2.

Mrs David Lyndsay and John Durie, qwho were direct to my Lord Secretar anent his Majestie’s Commissioners, reportit, That his Heines had nominat my Lords Secretar and Justice-Clark, qwha wald be present and concurre as their opportunitie might serve--alwayes willing the Assembly according to his Heines mynde, before any uther thing, be intreatit the cause of Mr John Cowper: Nottheless, after some reasoning, was content they sould be delayed till the morne, and that the brether qwho are on the conferrence sould meit and reasone something concerning that matter.

Anent the Books of the Assembly: Seing the King’s Majestie’s Commissioners hes offerit their concurrence to the recovering thereof, if it may be knowne in qwhais hands they are, The Moderator desyrit the brether that could give any light in this matter, and namelie Mr Patrick Gallaway, quho was direct in the last Assembly to the King’s Majestie to sute the delyverance of the said Register, and his Heines answer thereanent; qwho declareit his Majestie had promised to cause them be delyverit. Thairafter it was testified be John Braid, that at the last Assemblie, in his awne house, Mr Patrick Adamsone, Bischop of St Androis, in presence of David Fargysone, confessit where the same were, and at command obtained be the King’s Grace, he sould cause delyver the same: Lykeas it was testified by John Durie that he heard him lykewayes grant the having thereof: Qwhilks testificatione being considerit be the Assembly, they concludit that charge sould be gine against him; and for the better advyce in that matter, direct Mr David Lyndsay to my Lord Secretar; qwho returning with his answer, thocht meit ane supplicatione sould be gine to the Lords of Counsell to obtaine charges against the said Mr Patrick, and lykewayes that the Kirk sould of their awne charges and authoritie, according qwherunto the Kirk ordaynit ane supplicatione to be pennit, and gine to the Lords, the morne; and sicklyke ane charge to pass from this Assembly, chargeing the said Mr Patrick to exhibite the said booke before them, to be delyverit to the Kirk within thrie dayes after the charge, or to schaw ane reasonable cause why; and sicklyke to compear within the said space personallie, to answer for his absence from this Assemblie, and to such other accusationes as sould be layit to his charge, under the paine of the censures of the Kirk.

Sessio 3.

All quarters sall resorte to the Assemblie every day, at the dew houre appoynted therto, and remaine to the end every day, under the paine of the payment of ane groat, toties quoties.

Sessio 4.

It was thocht expedient, notwithstanding of the ordinance made yesternight against Mr Patrick Adamsone, for delyvering of the Register, That before the same be put to executione, ane humble supplication be made to the King’s Majestie for that effect, qwhilk the breither desyrit Mr David Lyndsay and John Duncansone to forme.

Forsuameikle as there hath been ane matter of grief conceived be the King’s Majestie againes Mrs John Cowper and James Gibsone, movit privilie to the Moderator; It is thocht expedient be the haill Assembly that the said cause be first privilie treattit and considerit be the Laird of Dune, Mrs Peter Blackburne, Johne Porterfield, Thomas Buchanane, David Lindsay, Nicoll Dalgleische, and David Fargysone, qwham the Assembly nominat to travell, reasone, and conferre with the saids pairties, and to sie if they can take up the matter be their own advyce, utherwayes to propone the same to the full Assemblie, that the matter may be heard and reasonit there; and to that effect, ordaynit the saids brethrene to pass out of the Assemblie, and the saids Mrs John and James to passe with them.

Seeing his Majestie is now of perfect age, and ane Parliament is appoynted in the next moneth; It is thocht expedient that the acts of Parliament made be oure Soveraigne Lord, his Heines’ predecessor and Regent for the tyme, for the libertie of the trew Kirk of God and Christ’s religione presently professit within this realme, and for repressing of Papistrie and Idolatrie, collectit together and craved to be confirmed; and lykewyse the executione of the saids acts may be considerit, and what order aither excommunicatione or law shall be desyrit against the saids Papists and Idolaters, as also such lawes and constitutiones as are made to the derogatione of the said libertie, or to the prejudice or stay of the course of the Evangell, may be likewise collectit, to that effect their abrogatione may be sought: Qwhairunto they nominat the Laird of Dun, Mrs Robert Pont, Nicoll Dalgleische, David Lyndsay, and Paull Fraser.

Sessio 5.

The Commissione gine in the last Assemblie to the Presbytries of Glasgow and Strivilling, anent Mr David Cunnynghame, concernyng the sclander of adulterie with Elspeth Sudderland, or any uther persone, is continued.

Anent the diverse and grievous complaynts of syndrie breither against Mr Patrick Adamsone, Bischop of St Androis, at qwhais instance he is registrat at the horne for non-payment of their stipends assignit to them, and specially of Mrs William Strang, David Spense, Adam Johnstoune, and uthers, of the sclander that he lyes at the horne for not furnisching two gallons of wyne for the communione: This matter being heavilie regraitit to the King’s Commissioners, promise was made be the Pryor of Blantyre to communicat the matter to the rest of the King’s Majestie’s Commissioners, qwhais advyce for redress heirof he should report to the Assembly. As to the regraite of some breither, that pairtly be his rebellione and lying at the horne, pairtly be his suspensione, some divisione ryses, that certaine resorts not to his sermones nor to the administratione of the sacraments made be him or uther sarvice, as humiliatione--uthers repairs thairto--so appeares some divisione qwhilk wad be redresst: The breither thinks meet, that, before they enter herein, some answer be reportit to the former complaint.

The matter of Mrs John Cowper and James Gibsone, be the votts of the Kirk, was committit fully to the Moderator and Assessors to conferr, consult, advyse, and, if they may, conclude and put finall end thereto.

Sessio 6.

His Majestie’s Commissioners being present, thocht meit, because Mr Patrick Adamson’s matter is civil, qwherin the King’s Majestie hes interes, that his Grace sould be forwarnit, qwhilk the Kirk promised to doe.

Anent the doubt proponit, if it be sclander to a Christiane to absent himselfe from the sermones, ministratione of the sacraments, or uther godlie exercises used be such as lyis at the King’s Majestie’s horne, and are suspendit from all functione of the ministrie? The Kirk answers, that there is no sclander in this cause, but be the contrare, it is sclanderous to a Christiane to resort to the exercises forsaid of such ane one as they know to be at the horne, and suspendit from all functione of the ministrie.

Sessio 7.

Anent the supplicatione gine in for Gilbert Lambe and certaine in company with him presently keepit in prisone in Citde in Spaine for the testimonie of the truth: The Assembly ordaynes the brethren of the ministrie universallie to recommend in their prayers the said Gilbert in particular and his companie in generall to God, and to crave their delyverance, if it be his pleasure, or ane finall perseverance and constancie to the end in the trew profession of the Evangell.

Sessio 8.

The breither of the West having admittit the Bischop of Glasgow to the temporalitie, the Ecclesiasticall Jurisdictione being devolved be him in the Kirk’s hand, and having receivit his obligatione thair, in caice the Generall Assembly sould not allow of such admissione, the same sould be undone; The haill matter being weyghit be the full number of the breither, they universallie concludit the said forme of admissione to be unlawfull, and ordaynit the brethren admitters, to urge him performe the heids of the said obligatione, anent the undoing and annulling of the said admissione.

Sessio 9.

No ministers of colledges or schooles shall receave in their colledges or schooles, any student or schollar, being of maturitie of age, quho refuses to subscryve the trew Religione presently establisched and professt, be the mercy of God, within this realme, or refuseing to participat the sacraments, under the paine of the censures of the Kirk; and farther, before any student be promovit to any degree in the universitie, that they shall, toties quoties, as they shall be promovit, subscryve de novo, utherwayes their promotiones to be stayit, under the paine forsaid; and that the presbytries be diligent to sie the executione of this act, as they will answer to God.

The Kirk within this realme hes advysit and found good, that the Presbitries, together with the Commissioners in all the pairts of the countrie, and every ane of them for their awne pairts, prescryve to every young man that is minister within such ane Presbytrie, ane pairt of Scripture, together with ane pairt of the commone places and contravertit heads of Religione, to be diligently read, considerit, and learnit be him, within such ane space of tyme as the Presbytrie thinks good to appoynt him; and that his diligence may the better appear unto the fruit thereof, at certaine tymes of the year, euery Presbytrie being convenit, take ane count of the young man of his trauells, be requyring of him in the pairt of scripture prescryvit to him--first, the soume and deductione thereof in maner: 2. The solid sence and meaning of these places qwhilk are most difficult to be understood: 3. A collatione of the sentences qwhilk by reading he may be able to gather out of that part of scripture; the qwhilk arguments may either serve to confirme the truth, or else to refute hereticall opiniones. As for the pairt of commone places and heads of religion prescryvit unto him, let him be ready to answer to questionyng and reasoning to the head thereupone, and so to be exercit in this kynde, not for a tyme only, but from tyme to tyme, qwhill he come to certaine maturitie and solidness in the scripture of God.

Sessio 11.

Anent the supplicatione made in name of the towne of Haddingtone, lamenting the away-taking of their presbytrie againes the order of the last platt made be the Generall Kirk: The Assemblie examining the causes of the removeing thereof be the contrare, and finding the occasione thereof to haue beene for lacke of obedience and want of discipline, hes, at the earnest sute and craveing of Mrs Nicoll Hay and John Ker, Commissioners for the said towne, restorit the said Presbytrie, with condition and promise, that if there be not better order and discipline keepit be them in time comeing nor hes been heretofore, that the samen shall be removit, &c. The Kirk resolves that particular sessions of kirks and congregationes are, and should be subject to their presbytries, as hes been accordit of before be the act of the Assemblie.

Sessio 12.

William Chillane, reider at Auchtertoole, depryvit from his office and functione in the Kirk, in tyme comeing, for marrying William Kirkaldie, alias Ker, Laird of Grange, with Mistres Elizabeth Lyone, intra privatos parietes, without proclamation of bands; and, notwithstanding that Elspeth Leirmonth, daughter lawfull to Sir Patrick Leirmonth of Darcie, Knight, made lawful impediment in the Kirk of Glames.

Sessio 13.

Mr Robert Pont was recommended by the King’s Majestie to the bischopric of Caithness: The said Mr Robert, for cleiring himself of sclander, declareit, that for some loss and hurt done to him, in his trauell after diverse suits, gine in be him to the checker, this presentatione, without procurement of him, was put in his hand; and if the living might be brookit with safe conscience, and without sclander, desyreit their judgement, being desyreit to be minister at Dornoch, and to take visitatione; bot be command of the Kirk and for his office and charge, brook the living only? The Kirk referrs the answer to be gine to the King heiranent, to be advysit upon be Nicoll Dalgleische, Peter Blackburne, and David Fargysone, with the said Mr Robert.

Sessio 15.

Ane letter being direct be John Duncansone, bearing the King’s command to the Bischope, for delyverance of the books, at leist four of them, and that Mr George Young was stayit qwhill the saids books should be delyverit: The Kirk immediatly directit Mrs James Nicolsone and Alexander Rawsone to my Lord Secretar, to the effect the samen might be presentit; and, after their directione, and reiterat direction of their breither, Mr Andrew Melvill and David Lyndsay, Maister George Young presentit to the sicht of the Kirk ffyve volumnes of their Acts, whereof a great pairt being mankit; and, after the sicht thereof, being redelyverit to the said Mr George: The haill brethren ordaynit ane heavie regrate to be made to his Majestie, in article, lamenting the away-taking and mutilating of the saids books, and to crave that the samen may be restorit; and also, that the saids books may be delyverit in the Kirk’s hands, to remain with them as their awne Register; namely, in respect of the answer returnit from my Lord Secretar, that his Majestie’s will was, that the Kirk sould have inspectione thereof as they have had adoe presentlie, and giue them up again.

Ane letter approvit be the Assemblie, and direct to his Majestie, anent Mr Robert Pont’s matter: tennor thereof:--

Sir,--Let it pleise your Heines; We have receavit your letter willing us to elect Mr Robert Pont to the Bishoprick of Caithness, vaickand be decease of umquhile Robert Earle of Marche, your Heines’ uncle. We praise God that your Majestie hes ane good opinione and estimatione of such a persone as we judge the said Mr Robert to be, qwham we acknawledge indeed alreadie to be a Bischope according to the doctrine of St Paull, and qualified to use the functione of ane pastor and minister at the kirk of Dornoche, or any uther Kirk within your realme, qwhan he is lawfully callit, and worthy to have ane competent living appoyntit to him therefore; as also to use the office of a Commissioner or Visitor in the boundes of Caithnes, if he be burdenit therewith. But as to that corrupt estate or office of them who hes been termit Bischops heretofore, we find it not agreeable to the word of God, and it hes been damnit in diverse uthers our Assemblies; naither is the said Mr Robert willing to attempt the samen in that manner: the qwhilk thocht good to signifie unto your Majestie, for answer unto your Heines’ letter of nominatione, and have ordaynit our breither to be appoyntit Commissioners to awaite upon the nixt Parliament, to conferr with your Heines and Counsell, if neid beis, heirupone. This, after offering our humble obedience, we earnestlie wische the Spirit of the Lord to assist your Heines in all godlie affaires. From our Generall Assemblie, the 28th of Junii 1587.

In respect of diverse conclusions of before, with the daily practise and examples sinsyne, the questione being reasonit de novo, If suspensione of ane minister from the functione of the ministrie for a tyme, for just causes, be repugnant to the word of God, or no?

It is found that the samen agries with the word of God and his scriptures, and therefore the acts made thereanent before, to stand in full strength, and not to be callit back againe in any wayes.

Sessio 16.

It is concludit that all pastors, of qwhatsomever sort they be, shall be subject to the censures and tryell of their breither, alsweill of the Presbytries as Synodall and Generall Assemblies, concernyng their lyfe, conversatione and doctrine; and such as refuises the tryell and censure, that the saids Presbytries, Synodall and Generall Assemblies, proceed against them.

John Erskine of Dune, Mrs Robert Pont, Andrew Melvill, David Lyndsay, Thomas Buchanane, Andrew Hay, Robert Bruce, John Robertsone, Alexander Lawsone, Robert Grahame, Patrick Gallaway, David Fargysone, Nicoll Dalgleische, John Porterfield, James Andersone, John Duncansone, Adam Johnstone, Walter Balcanquall, Andrew Clayhills, and John Brand, or any thirtiene of them, were ordaynit Commissioners to the Parliament.

Mr Andrew Melvill was ordayned to penne a favourable letter to the ministrie in Danskine, congratulating their embraceing of the trewth in the matter of the sacrament.

THE KING’S MAJESTIE’S FIVE ARTICLES.

1. If any controversie be, concernyng the Bischope of St Androis, that it be reasonit in his Majestie’s presence.

2. That the Bischope of Aberdeene be not intrestis[24] his jurisdictione and living, but the same to be exercit be himselfe, because the alleadgit sclander, qwhereby he was damnifyit of before, is sufficiently tryit and removit.

3. Concerning James Gibsone and Mr John Cowpar, that they acknowledge and confesse their publick offences and sclanders against his Majestie, and satisfy therefore as he shall think good, or utherwayes be depryvit from all functione in the Kirk.

4. Concernyng Mr Robert Montgomrie, that he be receavit, without farther ceremonie, to the fellowschip and favour of the Kirk.

5. Concerning the Laird of Fyntrie excommunicat, qwhilk was somewhat extraordinary, to be null.

INSTRUCTIONS to the Commissioners appoyntit to wait on the Parliament.

1. As concernyng the King’s Majestie’s Articles: In the first two, let the judgement of the Kirk be followed and notified to his Majestie. As to the third, they shall travell by all good meanes possible to prease his Majestie in this matter, and bring it in oblivione; and failzieing thereof, in case they shall finde any good assured hope that the Kirk’s Articles shall be weill looked upone, and grantit to passe in Parliament, they shall prease to bring the matter in such ane mids as may best agrie with the honor of the ministrie, satisfying the offence of the godly and conscience of the brether themselues, against wham his Majestie hes taken offence, as may be that in speciall qwhilk his Hienes’ Commissioners send in wreit to ane of the saids brether, utherwayes, if they be urgit to the Articles as it stands, they shall leave the matter haill, and frie to be tryit be the Generall Assembly. As to the 4th, they shall dispence with Mr Robert Montgomerie in some ceremonies used in repentance, in case they find his Majestie willing to remitt somewhat of the rigour of His Majestie’s satisfactione cravit of the two brethren, be qwham he finds his Majestie offendit. As to the 5th, concernyng the Laird of Fyntrie, they shall schaw his Majestie that the Kirk hes appoyntit certaine of their brethren to sie qwhat effect the dealling of them that was appoyntit in the last Assemblie hes taken with him, and to travell farther be all good meanes with him to bring him to repentance to the bosome of the Kirk, qwhairby that sentence may be in very deed annullit: they shall admitt nothing hurtfull or prejudiciall to the discipline of the Kirk, as it is concludit according to the word of God in the Generall Assembly preceding the 84 year of God, but precisely seek the samen to be ratifyit and allowit, if possible may be; and finally, in all let God be feared, and a good conscience keepit, in procureing the weill of the Kirk, and taking away all impediments contrare thereto.

The next Assembly at Edinburgh, the first Tuesday of July.

[FIFTY-SECOND GENERAL ASSEMBLY.]

Att Edinburgh, in the New Kirk, the 6th of February 1587 (1588.)

Exhortatione made be Mr Andrew Melvill. Leitts, Mrs Thomas Buchanane, Peter Blackburne, Patrick Galloway, Robert Bruce, and Nicoll Dalgleische: The said Mr Robert was chosen Moderator, hac vice.

The haill Kirk hes desyrit the King’s Majestie’s Commissioners, the Mr of Lyndsay, my Lord Ochiltrie, the Laird of Lochlevine, and the Constable of Dundie, the Tutor of Pitcurre, the Lairds of Kylluchie, Capringtoune, Qwhyttinghame, Mr John Lyndsay, Senator of the Colledge of Justice, John Johnstoune, Commissioner of Edinburgh, Alexander Scrymgeour, Commissioner of Dundie, William Menzies, Robert Pont, David Lyndsay, Andrew Melvill, Thomas Buchanane, Peter Blackburne, and William Chrystisone, to concurr with the Moderator in advyseing of speciall matters to be concludit.

Forsuameikle as this Assembly being extraordinary convenit for the great dangers appearing to the Evangell within this countrie, qwhilks, in a part, war declared be the Moderator: It was proponit in deliberatione qwhat sould be the readdiest way to quensche the present fyre of Papiscie kindlit throughout all the countrie; and because the propositione was of great weight, the Assemblie requyrit the Barrones and Gentlemen for their part, the Commissioners of Burrows on the 2d part, and the Ministrie on the third part, to conveene themselves apairt, advyse and propone their advyce to the Moderator and his Assessors the morne, such mids as they find offerit to them; and, for farderance thereof, ordayns Mrs Peter Blackburne and Hew Fullertone to give informatione of the evidents thereof in thair countries; injoyning farther to the haill breither and Commissioners of the countries to give in their declarationes of Papistrie and Jesuites in wreite the morne to the Assemblie.

Sessio 3.

The advyce of the Noblemen and Barrones was presentit to the Assemblie, read, and be commone consent thought meit; allwayes first, it seemed good that Archbald Earle of Angus, my Lords Marschell, Marre, Ochiltrie, and Sinclare, the Lairds of Coldounknows, Lochlevin, the Tutor of Pitcurrie, the Constable of Dundie, Alexander Scrymgeour, John Adamsone, Mrs David Lyndsay, Patrick Galloway, David Fargysone, Robert Pont, and Peter Blackburne, to conferre with his Majestie upon the same head as they shall be advertised from the Chancellour.

The AVYCE of the Noblemen, Barrones, and Gentlemen anent the purging of the land of Idolatrie and sedicious intysers.

1. That the Lawes of the countrie be without delay execute against all Jesuites, Seminarie Priests, Idolaters, and maintainers thereof, and for that effect every man, alseweel of the gentlemen as of the ministrie, here assemblit, shall, as they will answer to God, and as they tender his glory and the weill of his Kirk, giue up presently in catalogue, to the Moderator and Clark, the names of such as they know and esteem to be Jesuites, Seminarie Priests, traffiquers against religione, receivers, intertayners or mayntainers of such persones: the qwhilks names shall be gine to Sir Robert Melvill, Thesaurer, quha hes promised within 48 houres thereafter to dispatche summonds upon them all. 2. Seeing the danger cravit be the saids persones is imminent, and the formall executione of the Lawes will requyre a longe proces of tyme, his Majestie and Counsell earnestly to soliscit and urged to provyde incontinent some extraordinary remedie for the extraordinary danger, and execute the Lawes without delay upon the chiefest of the Jesuites and thair maintainers, doing as if treasone war intendit against his owne persone and crowne. 3. If the Assemblie shall think expedient, the saids Noblemen, Barrones, and Gentlemen presently assemblit, shall gang togither to his Majestie, and regrait the cause of the Kirk and commonweill to his Heines, and the dangers wherein the libertie of this realme, their lyfes and consciences stands into, be the craft of Jesuites and traffiquers, qwho hes seducit and steirit up enemies, both intestine and forraigne, to bereave them of the same, and offer themselves, their lyfes, lands, and friends, to be imployit at his Majestie’s pleasure, for preventing their most dangerous attempts and bloody devyses.

Sessio 5.

All ministers within their awne bounds war exhortit to travell earnestly with their parochiners, and informe them of the necessitie of the exiled brethren in France for the religione, that they may be supportit: Ordaynes Mrs Robert Rollock, Andrew Melvill, Thomas Buchanane, and Peter Scharpe, to visite the reply made be Mr Peter Blackburne to Mr James Gordowne.

Sessio 6.

The Lords direct to the King’s Majestie reportit they had conferrit concernyng Papists, planting of kirks, discipline, and the poore, and receavit good answers, as, namely, that there was mair mister of executione against Papists nor advyseing, and that his Heines was glad of the solemnitie of their Assemblie, and before the discovering thereof desyrit they sould resorte to him, qwhere they should hear farther of his good will: yet because there was many particulars qwhilk under generalls, his Grace had appoyntit sax of his Counsell to conferr with so many as the Kirk on the other syde sould appoynt the morne. The Assembly nominat for the part of the Kirk, the Lairds of Wedderburne, Culluchie, Capringtoune, Ormistoune, Whittingham, John Johnstoune, Alexander Scrymgeour, William Menzies, Oliver Peebles, Mrs Robert Pont, Andrew Melvill, David Lyndsay, Peter Blackburne.

Sessio 8.

The Assemblie direct the minister of Dysart to charge Mr Patrick Adamsone to compeir personallie before them, and to crave his awne petitione anent the supplicatione of Mr Robert Montgomrie. The Kirk having taken consideratione of the proces laid against him, and circumstances of that matter, ffinds he may be admittit Pastor over a flock qwhere he hes not been sclanderous, provyding that he be found qualified in lyfe and doctrine.

Sessio 9.

The Chancellor being present, desyred the breither to wey if James Gibsone had not offendit the King’s Majestie,--not only that he had uttered in his sermone thir words following againes the King’s Majestie, viz. That he weined that James Stewart and Lady Isobell and William Stewart had been the persecutors of the Kirk; but now he finds be experience that the King himselfe has been the persecutor; as Jeroboam, for erecting of idolatrie and permitting thereof, was the last of his posterity, so he feares if he continued, he sould conclude his race.--But also, that he, acknowledging to the brethrene of the Conferrence that he had offended his Grace, he promised to make satisfactione, and had fealed and broken promise; for after calling of the said James, quho compeared not, my Lord Chancellour desyred the Moderatour to put to the vote of the Assembly if the words aboue specified were offensive: Quho, in respect that non offerit any reasone against the samen, proponit the same termes to them, quho for the maist pairt votit affirmative, the samen words to be offensive.

Sessio 10.

Anent the forme of Repentance prescryvit for adulterers, homicides, and uther crymes, qwhereof the satisfactione, of before, be acts of the Kirk, was made before the Synodall Assemblie: Sieing in many pairtes of the countrie the penitents at such tymes of the year when Synodall Assemblies are halden are in lawfull traffecking out of the countrie; It is found expedient in tymes comeing, qwhere Presbytries are weill orderit and establisched be judgement of the Synodall Assemblie, the saids penitents shall performe universallie throw the realme, their satisfactione before the Presbytries, in such forme as they were accustomit before the Synodalls, utherwayes, where the Presbytries are not yet constitute be the judgement of their Synodall Assemblie, the accustomit order to be keepit.

Sessio 11.

Forsuameikle as, James Gibsone being present, was summoned be the voyce of the Moderator to be present afternoone, to hear the matter concerning him reasonit, and as it was testified be diverse of the brether, qwha satt near him, and heard, he promised to compeir; and yet being oft tymes callit and compeirit not, the Assemblie finds him contumax for not compeiring, nor sending any reasonable excuse of his absence.

Sessio 13.

The Assembly present, adviseing with James Gibsone’s matter, for the most part votit and adjudgit the said James to be suspendit from his office and functione of the ministrie, during the will of the Kirk.

Sessio 15.

The humble SUTE of the Kirk, presentlie conveint at the Generall Assemblie, to the King’s Majestie:--

SIR,--Your Majestie remembers the cause of conveining this Assemblie at your Heines’ command, qwhilk consists principallie in two poynts--ane for suppressing of Jesuits quho are enterit in this realme, and practises with their complices to subvert the sinceritie of religione, presentlie professed within the samen: ane uther to provyde such meins, that in tyme comeing, such dangerous interpryses may be avoydit and eschewit.

As to the first, we humbly craue--1. That some of the principall Jesuites and uthers shall instantly be taken order with, to give example to the rest, viz. Mrs James Gordoune and Williame Crichtoune, quha are instantly in this toune, that they may be incontinent callit before your Heines and your Councill, and there to be declareit to them how thair lyves are in your Majestie’s hands, for contravening your Majestie’s lawes, and yet of your Grace’s clemency, does spare; chargeing them in the meane tyme within the towne of Edinburgh unto the tyme of the passing away of the first schippes that shall depart, qwherin they shall be enterit and send away; and that it be denuncit, that in caice they returne at any tyme hereafter, in this realme, without your Heines’ licence, the law shall be execute against them to death, without any further proces:--Next, that the Lairds of Fintrie, Glenberve, younger, and uthers excommunicat Papists, shall be gine up in bill, callit before your Heines and Councill, and such things layde to their charge, as they are culpable off, according to the laws and acts of Parliament, that the penaltie thereof may be execute against them, and such as are apostats from the trew religione, qwhilk ance they embracit, be callit in lyke manner and punischit. 3. That summonds be presently direct against all receiptars of Jesuites, Seminarie Priests, and traffiquers against trew religione, and lykewise to summond witnesses, be qwhais depositiones they may be convict of the crymes forsaid; and in speciall, that such as are of the estate, and are culpable of apostasie or papistrie, shall on no wayes be sufferit until the tyme they haue satisfied alsweill the Kirk as his Majestie and estate: And, generallie, that all Noblemen whatsomever, without execptione, knawne maintainers of Papists, or enterprysing any thing contrair the trew religione, shall either be put presently in ward, or exylit the countrie.

Anent the planting of kirks, this is our advyce unto your Majestie, that Commissioners be direct from your Majestie and this Generall Assembly to the north and south parts of the countrie, to visite and plant ministers where need requyres, suppressing of papistrie; having commissione and power alwayes of your Majestie and the Kirk to call before them, all that are suspect of perverting trew religione, or revolting therefrae, and to doe all wther things necessar for reformatione of those partes: And because the said wark cannot pass fordward, unlesse there be provisione made alsewell for Commissioners of the Kirk as ministers to be planted in necessare places, that certaine be deput from the Counsell and certaine of the ministrie, to conveen with all good expeditione, and sicht the rowmes of the thrids, that it may be considerit qwhat may be spared to that effect; and where the said thrids has been abused in tymes past, to sie how the samyne may be reformit, and that the act made for dischargeing of pensiones out of the thrids and superplus, and proclamatione past thereon, may take full force. Lykewayes, giving power to the saids Commissioners to reforme colledges and schooles; and where the rent thereof is abused, to put convenient remedie thereto, and where it may not serve, to sie how it may be helpit, and that sufficient men be placeit in the rowmes of idle-bellies, and to depose them from the office of the ministrie, and from their benefices, all such as shall be found vnworthie or sclanderous in lyfe or doctrine, alseweill bischopes as wthers: That it wald please your Majestie to take some solide order that the lawes made for punischment of vyce, and Commissions appoynted thereanent, may take some good effect: And last, that order may be taken with the poore that wanders up and doune the countrie without law or religione.

GRIEVES of the Kirk given in to his Majestie.

1. It is an exceeding great griefe to sie Jesuites, Seminarie Priests, &c. to be sufferit to pollute this land with idolatrie, to sie practisers and traffiquers against the trew religione and the libertie of this realme to be receipt and maintained, and receipters and maintainers of both the ane and the wther so to abound every where, and not only to be tolerat impune, but also to have speciall credite, favour, and farderance, at Court, in sessione, in all their affaires, and the trew word of God contemptuouslie despysit be the multitude, his holy sacraments horribly profaned be privat, corrupt, and unlawful persones--the discipline nothing sett by, the persones of the ministers and office-bearers shamefully abused, themselves beggerit, and their families hungerit, and yet neither the lawes againes idolatry and vyce, nor the lawes for the libertye of the Kirk dewly execute, as may be seen in the particulars following: About Dumfries, Mr John Durie, Jesuite, seducing and preaching under the name of Mr William Lang, qwho, with his complices, had masse within Dumfries, before Pasche and Zoole last was: The Lord Herreis, the Laird of Kilqwhamlay, the Goodman of Drumrischie, Mr Thomas Maxwell, Commissioner, John M‘Gie, Commissar Clark, John Bruce, merchand, John Rege, Notar, Paull Thomsone, my Lady Herreis, elder and younger, my Lady Mortoune, the Lady Tweddall, Papists, apostates, maintainers and profest favourers of Jesuites. Captain Horslinger does no lesse hurt in Drumfries nor the Jesuites; no resorting to the hearing of the word, nor discipline, superstitious dayes keepit be plaine command, and controlling of the deacones of the crafts--all superstitious rytes at Zoole and Pasche--no kirks plantit sufficientlie.

In the North.

Mrs James Gordoune, Edmond Hay, Alexander MacWhirrie, John Scott, Alexander Meldrum, Arthure Pantone, Jesuites, makes residence chieflie in Moray and Strabogy, but seduces every where in Buchane, Garrioch, Aberdeene, Marre. They repaire commonly with Airth, Laird of Leslies, elder, Androw Harvie and his mother, Andrew Leslie of the Peill, excommunicat for Papistrie, the Chancellor of Auld Aberdeene, and to young Glenbervie, excommunicat, where they have their house mass at their pleasure, and their publick mass erectit in the Laird of Leslie’s chapell, with twa idols above the altar, and there hes married two common adulterous harlots, Andrew Proctor and Janet Wilsone, qwha wald never give obedience to the Kirk. Item, Mr Peter Blackburne is compellit to desist from visitatione, bee diverse charges of the King’s letters, purchast be the Bischop of Aberdein.

In Ross.

Mr John Leslie restorit to the bishopric of Ross, in the last Parliament, Mr Alexander Leslie, persone in Kinkin in Ross, newly providit, an excommunicat Papist, in the Presbytrie of Aberdeene, Sir Donald Simsone, profaner of baptisme, and abwser of marriage.

In Caithness.

The Earl of Sutherland, with his Ladie and friendes, Papists, vehemently suspect lately to have had masse, and contemners of the word and sacraments.

In Mearns and Angus.

William Dowglass, sonne to the Laird of Glenbervie, hes caused unbeset at syndrie tymes, Mrs George Gladstanes and Andrew Myllne, with armit men at their house, and lying in wait for them about their houses, and were not the relief of God and good men, had taken their lyves. In the west part of Angus, Patrick Lord Gray under proces of excommunication, Mr Thomas Gray excommunicat, Sir John Fyfe, Priest in Langforgund, David Grahame of Fyntrie excommunicat, James Grahame his brother a Papist, Thomas Abercrombie of Middel Gowrdie, haveing subscryvit, communicats not, but continues ane commone reasoner against the religione--a defender of Papistrie--a receiver of Jesuites. Patrick Lyndsay, brother to the Laird of Wame, ane reasoner against the truth in every place. Mr Clark, servant to the Lord Hoome, Mr George Hetley, minister at Abernyty, cruelly invadit be Thomas Boyd, and in redding of them ane man slaine. Fyft, No resorting to the Kirk in many places: their kirks ruinous and destitute of pastors and provisione in many places. There is superstitious keeping of Zoole, Pasche, &c. The Lords of Session keeps not their ordinar dayes, Wednesday and Fryday, for calling of the ministers’ actions. Mr Thomas Dowglas, minister of Logie, was cruelly invadit be John Forret, brother to the Laird of Forret. The Abbacie of Dumfermling gine to the Earle of Huntly, qwherunto he and the Papists with him resorts. The Bischop of St Androis continows in giving of collatione of benefices to unworthie persones, viz. Mr William Thomsone, persone of Flisk, Mr Androw Allane, viccar of Lewchars. The said Bischop withhalds from Mr David Spence ane haill year’s stipend; and notwithstanding he hes beene at the horne, can get no payment nor order of him.

In Lawthiane.

Syndrie Papists, priests, confessing themselves to have said masse and preachit papistrie in this land, being apprehendit be the Magistrats of Edinburgh and putt in ward, are sett at libertie without any punischment or satisfaction of the Kirk, viz. Mrs Alexander M‘Whirrie, James Settoune, John Scott, and uthers.

In Merss and Teviotdale.

My Lord Hoome, the Laird of Edmestoune, with uthers principall men in the countrie, corrupt in religione, and the said Lord latting his awne kirk ly waist, and mayntaining Mr Androw Clark, enemy to the Gospell and ministers thereof: the haill people readie to revolt because they sie the Prince careless thereof, as they say. Sir John Bennet excommunicat for papistrie. The Lady Farnyhirst, the Lady Mynto, quho horribly usurpit the ministratione of the Supper of the Lord upon Pasche day with bread and water. The Lady Rydder.

In Striveling.

Walter Buchanane, sonne to the Goodman of Auchinprior, and a Flymis woman his wyfe, indurat Papists, and hes causit a priest lately to baptize their bairne. Helen Hay, maistress of Livingstoune, ane malicious Papist. The Sabbath there is every where abused and profained: the kirks evill plantit; scarcely three hes ministers. Superstitious ceremonies, pilgrimages and Christ’s wells, ffasting, bainfyres, girdls, carrells, and such lyke.

Mr John Cowpar having resolvit that he is willing to accept the charge of the congregatione of Glasgow, the Assemblie ordaynes him to be admittit be the Presbytrie thereof.

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