Acts and Proceedings of the General Assemblies of the Kirk of Scotland, 1560-1618. Originally published by [s.n.], Edinburgh, 1839.
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The Generall Assemblie conveinit at Edinburgh in the New Kirk therof, the nynt day of October 1582: Quher were conveinit, Commissioners for the King, Mr James Halyburton, and Colonell Stewart, and Commissioners of Erles Bothwell, &c., Barrons in great number, and Ministers.
[For the better expeditione of actiones to be treated at this Assemblie, the brethren, at the desire of the Moderator, nominat thir brethren following, to wit, Mr Robert Pont, Mr James Lawson, Mr Andrew Hay, Mr Andrew Melvil, Mr Thomas Someton, David Ferguson, Mr George Hay, John Duncanson, William Christesone, the Lairds of Lundie, Whittinghame, and Braid, to concur and conveen with the Moderator every day at 8 hours on the morning, and two afternoon, and advise upon such things as sall be proponed and reasoned in this Assemblie, to the end thereof. C. & B.]
The Kirk ordainit [their brethren,] the Ministers of Edenburgh, [to goe to the Kings Majestie, and,] in name of the haill Kirk, to desyre the Kings Grace to send some Commissioners, [authorized] with his Hienes Commission, to sie the proceedings ther, and vote in his name: Who returneit [with] answer, That they sould be satisfiet the morne [therin.]
Anent the commissioun to certaine brether to present vnto the Kings Majestie and Counsell at Perth, the greives and complaints of the haill Kirk: The executioun therof being requyrit, and the saids greives, with the answers therto, being red and considderit; with commoun advyce, it was thoght the said ansuers not directlie meiting the articles, and thefor the samein, so farre as is not satisfied, to be ȝet insistit in, and to be givin in with such vther articles as are meit ȝit to be craveit: the formeing quherof the brethren committit to Mrs Robert Pont, Thomas Smeiton, Andro Polwart, and Andro Melvill; [and to be presented again to the whole Assemblie to be considered, that thereafter, with common consultatione and consent, they may be sought at the Kings Majestie and his Counsel.
Anent the present diffentione and unhappy divisione standing among the neighbours of Edinburgh: The Assemblie ordeaneth their brethren, Mr James Lawson, and Mr David Lindsay to goe to the Kings Majestie the morne at 8 hours, and humbly implore his Grace to interpone his authoritie for reconciliatione of the saids parties, that perfect amitie consisting amongst them, God may be glorified, and his Hienes uniformly loved and obeyed.
Anent the constitutione of Presbyteries committit to certain brethren, where yet there was none established: The brethren thoght meet to take accompt of the Commissioners dilligence in this; and after orderly calling of so many as were present, the Assemblie took the order following.
The Assemblie present ordeans the said Mr George, with all diligence, to establish a Presbytrie in Sutherland and Cathnes, where the same may most conveniently be erected; and, with the concurrence of Mr John Robertsone, to proceid and establish ane Eldership in Rosse, if the samine be not already planted.
As to Murrey, Aberdeen, and Banff, and the Presbytries to be erected there: The Assemblie gives commissione to the said Mr George, and Mr John Keith of Murrey, and Mr Alexander Arbuthnet, Mr George Pattersone, David Howesone, James Reid, Steven Masone, with concurrence of Mr Peeter Bleckburne, to constitute Elderships, as they shall find most convenient within these bounds, making alwayes the place of Eldership in Aberdeen, and not Kintor; adjoyning to the same, Nig, Marie Culter, Banquhorie Devynnik, Durris; and what herein shall be done to report to the nixt Conventione: unto the which time, if the said Presbytries be not erected, the Assemblie giveth commissione to the said brethren to use the office of Visitors, as was accustomed before the forme of Elderships came in use.
Anent the Presbyteries of Teviottdale: For as meikle as the Assembly understands, that be reason of the raritie of qualified Ministers there, a Presbytrie cannot presently be had; and that alswa divers unment for the functione of the Ministrie, as yet abide in office; the Assembly giveth commissione to their brother, John Brand, to visit the bounds thereof, till the nixt Assemblie, and in the meantime, with all convenient dilligence, to summond before the Presbytrie of Edinburgh such persons foresaids, as shall be judged unapt for their sunctiones, to give tryall of their doctrine and qualities there; and, if they be found inidoneous, to deprive of their offices be advice of the said Presbytrie: and in the mean time, while a better order be tane, the said Country to resort to the Synodall Assemblie of Lothiane. C.]
We, be the tenour heirof, with the advyce of the Lords of our Secreit Counsell, gives and grants authoritie, full power and commissioun, to our right trustie and well belovit Mr James Haliburtoun, Provest of Dundie, and Colonell William Stewart, coniunctlie and severallie, for vs and in our name, to passe to the Generall Assemblie of the Kirk of our realme, and ther to heir and considder the matters proponed, tending to the advancement of Gods glorie, and his true religion, correctioun of maners, and mantaining of the ecclesiasticall matters in decent and comlie ordour, as the Word of God requyres and allowes, and to report the matters proponit and intreattit to vs for our allowance and ratificatioun of the same, as appertaines; and generallie all and sundrie vther things to doe, that to the furtherance of all godlie and good matters is necessarlie requyrit: firme and stabill &c. Subscryvit with our hand at Halierudehous x day of October 1582, and of our reigne the 16 ȝeir.
[Anent the difficultie moved twiching the Presbytries of Merce, Teviotdaile and Tweddale: The Assemblie thinketh meet, that all three be joyned to the Synodall Assemblie of Lothiane: C.] The places [alwise,] quher the Synodall Assemblie sall conveine, salbe changeable from tyme to tyme, as the brether therof sall find meitest; [as also that the same rule be observed in the rest of the Synodall Assemblies,] that no ambition grow be continuing the same in ane place.
[Mr Patrick Galloway, Minister at Perth, reported, that the Lady Athol was excommunicat, notwithstanding of her pretended subscriptione the gave to the Consession of her faith, which was read openly; and howbeit she had appealed from their sentence to the Kings Majestie, he desired their process to be considered, and approven, if the samine was formallie and weel deduced: The Assembly nominats Mr George Hay, William Christesone, and David Fergusone: They consider the process, so farr as wes offered to their sight; but the particular citationes were not showed to them, because it was alledged the samine were in the hands of Mr William Glass who was absent; alwise as farr as they had found, they allowed. This was their report to the Assemblie.
It was given in commission before to the Eldership of Edinburgh, to call before them the Laird of Pharnihirst, his ladie and daughter for going to the Mess in France, and other ports beyond sea, and to subserive the Consessione of Faith set out be the Kings Majesties proclamationes; but this commissione was not put in executione be reason of the absence of the saids persons out of their bounds: The Assemblie therefore giveth full power and commissione to the Eldership of Haddintoune, with the concurrance of William Sanderson, Alexander Hume, Mr Adam Johnstone, Mr George Ramsey, Mr David Lindsey, and one of the Ministers of Edenburgh, to call and conveen the said persons before them with diligence, within the toune of Haddintone, and to take diligent inquisitione of their defectione; and in case the famine be found true, to take order therewith according to the Acts of the Assemblie; and likewife to charge them to subscryve the Articles of Religione, and if they repyne, to proceed according to the tenor of the Kings proclamatione.
The Assemblie ordeans Alexander Forrester, Minister of Tranent, to summon Adam Bischope of Orkney to compeir before the Assemblie afternoone, to answer to such things as the Assemblie will lay to his charge. C.]
Anent Bischops: Seeing the great slander and offence ariseing to the Kirk be thair impunitie and oversight, being altogether out of rule, the Kirk hes thoght it expedient, that [their brethren, to witt,] the Kings Majesties Commissioners, my Lord Boyd, the Laird of Capringtoun, with the Assessours of the Moderatour, conveine [afternoon in] Mr James Lowsons gallerie, and advise solidlie vpon some substantious ordour, [to be taken with them, to be proposed to the whole Assemblie, that the samine being found equitable may be established be common consent of the brethren.
Anent the summoning of the Bishop of Orkney conforme to the command given before noon: The said Bishop being present and required to take his particular flock, and to doe his deutie in his vocatione of the Ministrie, wherefrae this while bygone he hath ceased, gave his answer, That for the inabilitie of his person be great and continual sicknes, whereunto he hath been subject, and is yet as he was, nor is not able to discharge that weighty functione, howbeit he bears, as God knows, good will in all things he may to profit the Kirk, and alswa, so long as he had abilitie, he gave proof: The Assemblie appointed him to confer with Mr Andrew Melvil and Mr Thomas Smetone hereanent while the morn; and they to give direct answer to the whole Assemblie concerning the premises.
Anent the Citatione directed be the Moderator of the last Assemblie against Archibald Hegget and his Collegues, to answer for haunting the company of Mr Robert Montgomerie after excommunicatione of him, and due intimatione made to him thereof; and for other enormities committed be them against the Kirk and Ministrie thereof; and to hear them decerned to underly such censures as their proud contempt and obstinacie deserves, as the said Citatione bears: who being called, and James Montgomerie being present, who acknowledged his offense in speaking with the said Mr Robert diverse times since his excommunicatione, being moved, as he alledged, be reason of blood and consanguinitie: C.] The Assembly [present hath ordained and] ordaines James Montgomerie to make publick satisfactioun and repentance in the paroch kirk of Glasgow, [in presence of the Minister and Congregatione thereof,] for speaking with Mr Robert Montgomerie after his excommunicatioune duelie intimat, in respect of his confessioun; and to acknowledge his offence ther, promising, in time comeing, to abstaine from the lyke, vnder the paine of the censures of the Kirk: and the same order to be keipit with all vther persons falling in the same offence.
[Gawn Grahame, another of the saids persons, being summoned, compeiring, and accused, granted he spake with the said Mr Robert after his excommunicatione, be reason he was his Chamberlane, but little good spake he to him: As to any violence used be him against Mr John Howeson, Protested before God he neither did any, nor gave counsel thereto, and referred him to the Laird of Minto his declaratione upon Munday; to the which day the Assembly continued farther proceeding in his cause; and ordeaned the rest not compearing, and conteaned in the said summons, to be warned again personallie at their dwelling places, or publictly at the parish kirk, to the effect foresaid; certifying them if they compeir not, the Assemblie will hold their faults for confessed.
Anent the commissione given in the last Assemblie concerning the Laird of Minto and his complices in Glasgow: The Assemblie hath thought meet, notwithstanding the writing given in, in his name, and subserived with his own hand, conteaning aue offer of submission to the Kirk for his offence and violence granted be him done to Mr John Howesone, that his personall presence be had, wherethrough the assemblie may be farther moved to judge of his repentance; which was promised to be done betwixt and Munday be Colonel Stewart, who accepted upon him to make the Laird forseen thereof. And as to the rest of the persons conteaned in the same summonds: The brethren have ordeaned them yet to be summoned to hear sentence pronunced against them, upon the process depending, upon Twisday next to come, according to the tryall and probatione led; and the executione of the said summonds committed to Mr Andrew Hay, who promised to cause report the samine execute. C.]
Anent the informatioun made to the Assemblie be my Lord of Paislay, in name of the Noblemen, interprysers of the late actioun, giving the Kirk to understand, that the grounds moving them to thair actioun [at Rutheven,] simplie were, the danger they perceived the Kirk of Scotland and religioun into, the evident perill of the Kings Majestie and his Estate, and the consusioun and misordour of the commoun weill; quherof as they doubt not to find good testimonie in their awin conscience, so wold they the Assemblie sould shew thair good lyking of the same, and give ordinance to ilk Minister, at his [pertinent] kirk, to lay out thair good ground and actioun to thair flockis; exhorting all Noblemen and vthers quhatsoevir, faithfullie to concurre with them in the said good cause, to the full prosecutioun [and following furth]therof: Quhilk information beeand well considderit be the Assemblie, it was thocht verie meit and expedient, in particular, to inquyre and vote, If the saidis perrills, and every ane of them, was sein and perceivit to have bein be the haill brether, quherof the information was made: And be full consent and vote of the haill Assemblie, declaratioun was made, That the haill brethren vnderstand the concurrence of all the saidis dangers. And to the effect the Kingis Majesties mynd also may be gatherit twiching the same, directioun was givin to Mrs James Lowsone, David Lindesay, with the Kings Ministers, to passe to his Hiences the moren afternoone, to reason and conferre anent the saids dangers, and to open vp the samein at lenth to his Majestie, and to report his ansuer theranent.
[Ordeans the Bishop of Orkney to be warned to compeir before the Assemblie this afternoon, to give his answer to the demand made be the Assemblie to him; whose excuse was reported be John Brand, That this afternoon he was charged to the Prive Counsel, alwise should compear on Munday.
Anent the commissione given upon the 30 day of October 1578, concerning the Bischope of Dunkeld: The Assemblie ordeans the same to be put in executione in all points, after the tenour thereof, be the Presbytrie of Perth, betwixt and the nixt Assemblie, as they will answer to the Assemblie. C.]
Anent the conference of the brethern direct to the Kings Majestie: Report was made be them vnto the Kirk, That his Hienes had consest that ther was a perrill to the religioun within this realme, and indirect courses rune to the hurt therof, quhervnto his awin perrill was joynit; for he esteimed his standing to be joint with the standing of religioun: As also he acknowledgit sundrie abuses in the commonweill before the late interpryse of the Nobilitie; and that all good men fall concurre of dewtie to take away the danger from the Kirk, his person and estate, and to the reformatioun of the commounweill.
Anent the twa last heids left vnresolvit, [propouned] be Noblemen undertakand the late reformatioun: The haill Kirk, in ane voyce, agreit therwith, and ordainit ane speciall act to be conceivit thervpon, and to be put in forme be the Clerk, Mrs Robert Pont and Thomas Smeitoun, to be presentit againe to the Assemblie afternoone, that they may vnderstand and judge therof, if the samin aggries with the meaning of the brethren.
[The forme of the act appointed to be penned before noon, being diverse times read, and weel weighed and considered be them, the whole brethren granted the same to be the very substance of their meaning, and agreed thereto as the samine is penned, whereof the tenour follows: C.]
Anent Bischops: Seeing the great slander and offence risin to the haill Kirk of this realme, be thair impunitie and oversight, to the grief of good mens consciences, the haill Assemblie hes givin and gives commissioun to the particular Presbyteries vnder specifeit, with all possible [and convenient] diligence, to summound and call befor them, every one of them as they be particularlie divydit in manner following: That is to say, the Presbitrie of Perth, the Bischop of Murray; the Presbitrie of Edenburgh, the Bischop of Aberdein; the Presbitrie of Mernes, the Bischop of Brechin; the Presbitrie of Dundie, the Bischop of Dunkeld; the Presbitrie of Glasgow, the Bischop of Sanct Androes; the Presbitrie of Striveling, the Bischop of Dumblane and Yles; and to accuse them, and every ane of them, [of the offenses following,] all or part, as they are guiltie, viz. of none preaching and ministratioun of the Sacraments, of negligence of doctrine or discipline, haunting or frequenting the company of excommunicat persons, wasting of the patrimonie of the Kirk, setting of taks aganis the acts of the Kirk, giving collatioun of benefices aganis [the tenour of] the saids acts, and, finallie, for giving slander any wayes in lyse or conversatioun: and after due tryall, proces, and convictioun, to put ordour to every ane of them, according to the qualitie of thair offences, and actis of the Assemblie, betuixt and the [nixt] meiting of the haill Kirk, as they will ansuer thereto.
Anent Colledges and Vniversities within this realme: It is considderit be the haill Assemblie to be most expedient [and needfull] for the good and weill therof, that certaine good men of meit qualities be imployit to take oversight therof; and for that effect the Kirk hes given commissioun and power to thair lovit and honourable brether afterwrytin, to concurre, with such as the Kings Majestie and Counsell directs with them, in visitatioun of the haill Colledges within this realme, as they be particularlie vnder devydit, betuixt and the last day of November nixt to come; and to consider how the rents and livings of every ane of them are bestowit and imployit; how the doctrine is vseit be the Maisters and Regents, if the samein be correspondent to the act of Parliament; how ordour and discipline is keiped among the students and scholers; and heirin, as dissordour and defectioun beis found, to take ordour therwith according to the act of Parliament: That is to say, Mrs George Hay, Peeter Blackburne, William Chrystesone, Andro Mill, the Laird of Glenbervie, to visite the Colledge of Aberdein; Mrs David Lindesay, Robert Pont, Nicoll Dalgleisch, Thomas Buchannan, the Lairds of Lundie and Colluthie, with Mr David Russell, Commissar Clerk of Sanct Androes, the Vniversitie therof; Mrs James Lowsone, Johne Duncansone, Walter Balcanquell, John Porterfield, the Lairds of Keir and Greinock, with Adame Wallace, Bailȝie of Glasgow, the Colledge therof; and quhat heirin beis done be them, to report againe to the nixt Assemblie.
[The same day the Act concluded upon Saturday twiching the present actione of the Nobilitie being read, because some of the brethren were not then present as of before, the same was agreed, and ordeaned to be registrate among the Acts of the Assemblie; the tenour wherof follows:
For as meikle as the Noblemen and others joyned with them in the late actione of the Reformatione, willing the Assemblie and the whole professors of true religion to understand the ground and occasion moving them to repair towards the Kings Majestie, to seck redress of the dissorders that were fallen out in the common weale, have made publict and solemne attestatione to the whole Assemblie, That the motives and grounds of their good cause were and is, to deliver the Kirk of God within this realme, and the true religion professed within the same, from evident and certane dangers, wherein all men perceived the same to stand; as also to preserve and guard the innocent person of the Kings Majestie and his Royal Estate, being in no less perril then the other; and to remove and purge the great corruptiones and confusion entered in the bodie and estate of this common weale; wherein as they are weel perswaded to have done good service to their God, their bound and natural duetie to their Soveraigne and native common weale, so would they, the brethren in this Assemblie, and all that fear God, should judge and esteeme of their lawfull actiones, and declair their weel lyking and approbatione of the same; and further should give out ane ordinance to the whole Pastours and Ministers within this realme, at their particular kirks to declare publictly to their congregationes, their good actiones and grounds thereof; exhorting all Noblemen, Barrons, and other faithfull men whatsomever, to give their good concurrance and assistance to the same: Which petitione and desire, with the whole circumstances thereof, being weil weighed and deeply considered, and the said brethren, in the fear of God, with common and mutual deliberatione, resolved, found, and voted but contradictione, That not only the Kirk of God within this realme, and the true religion preached therein, but also the Kings Majesties most noble person and his kinglie estate were and stood in extream danger and hazard; besids the manie gross abuses that had invaded the common weale, before the said Noblemen had entred in the said actione; whereof also it had pleased the Kings Majestie to give that for declaration unto Colonell Stewart his Commissioner, Mr James Lowson, Mr David Lindsey, and his Graces Ministers being directed from the Assemblie to his Majestie for the same effect; and therefore the said brethren cannot but think that their Honours, imploying themselves unto the averting of all thir dangers, have done good and acceptable service to God, their natural and bound duetie unto their Soveraigne, and shown their carefull affectione to their countrie; and that the prosecutione and following out of the said good and godlie cause, all particulars layed aside, is and sall be most acceptable to all that fear the Majestie of God aright, tenders the preservatione of the Kings Majesties most noble person and estate, loves the prosperous and happie success of the troubled natione: and to the effect that the said actione and grounds thereof might be the more manifest and nottour to all men, it is thoght expedient, that every Minister at his own particular kirk, publictly, at the first occasion, lay out the dangers and perrells wherein the Kirk of God, and true religion within this realme, the Kings Majesties person and estate, the whole common weale stood into, open up the grounds and action of the said Noblemen; recommending the samine to all of whatsomever estate, with exhortatione to them, as they love and tender the glorie of God, the prosperous estate of their Soveraigne, and the happy standing of the common weale, faithfully to concurr and joyne with the said Noblemen, and others foresaids, following out the said grounds to the full deliverance of the Kirk, the Kings person and estate, and reformatione of the common weale: and if any man be found, either be word maliciouslie, or violently be way of deid, to oppone him unto the said good cause, that he be called in the particular Elderships, and order put unto him be the censures of the Kirk; and in case of obstinacie and willfully continuing therein, to be delated to the Kings Majestie and his Counsell, to be punished for his offence civilie. C.]
Ordaines the Kings Majesties Advocate to be summoned [to compear] before the Assemblie immediatly; and to that effect the officiar of the Kirk beand direct from the Assemblie, ansuer was returned, He was in Herdmanstoun; and heirfor was ordained to be summouned be ane citatioun to Wednisday, to ansuer simplè, If he was the former or dyter of the slanderous Proclamatioun sett out against the Ministrie, and for opponing him to the lauchfull proceiding of the Kirk; certifieing him, if he compeir not, they will proceid as appertaines.
[Hereafter] the act concerning the actioun of the Nobilitie being red to the Commissioners of Edinburgh, after advyseing therwith apart, they vottit and aggreeitt therto with the rest of the brethren, [as is before mentioned.]
[Anent the private conference had twiching the provisione of Sanct Andrews of a Minister, and likewise of some helpfull members for promoving of the work of the New Colledge: It was declared to be expedient, in respect the brethren in the said conference had brought the said matter in the ministrie thereof to some good head, upon the resolutione thereof hope was of a good answer, that certane should be direct to the Kings Majestie and Counsel, to treat upon such things as the said brethren should think meet for the advancement of the cause: To which effect the brethren directed Mr Andrew Hay, and John Duncansone, and to report answer the morne, as concerning the help of the New Colledge. The doubts and difficulties proponed be Mr Thomas Buchanan, as weale concerning his actiones in the law, as if a Minister for a season leave the Ministrie and execute the office of the Doctor, being discussed as follows, to wit, that the brethren above mentioned should be direct to the Lords, to seek performance of their promises made for expeditione of the said Mr Thomas his cause, and that C.] it is leisum for a Minister for a season to supersaid the Ministrie, and vse the office of a Doctour: Therfor the Assemblie hes concludit and ordainit Mr Thomas Buchannan to entir in the New Colledge, and vse and exerce the office of a Doctour the for the support of the samein; his kirk being always provydit of a sufficient Pastour, and the said Mr Thomas Sufficientlie satisfied anent the promise made for expeditioun of his pleyis.
[Anent the commissione given to Mr Andrew Melvil and Mr Thomas Smetone to conferr with the Bishop of Orkney, and report his answer to such things as were given to them in charge to propone: Their answer was, That as concerning a particular kirk, his age, and inabilitie of bodie, and weaknes off memorie, as he alledged, suffered him not to accept that weighty charge, albeit he be alwise minded to doe all his good observance to the Kirk: And as to the provisione of all his kirks, nottour it is how he received a dismembred benefice scarce with 500 merks at his entrie; yet concerning the Kirk of Arth, he should make moyan to help the same. The Assemblie ordeaned the Presbytrie of Edinburgh to trie his habilitie to travel in the Kirk of God, and if he be found able to discharge the functione of the Ministrie, to appoint a particular flock to him; and concerning other complaints to be given in against him, to take order therein according to the acts of the Kirk, betwixt and the nixt Assemblie. C.]
[Compeired] the Erle Bothwel, [and] declairit in presence of the haill Assemblie, that as he profest the true religioun preachit in this realme, befor his departing furth of the same, so sen his departing, continuallie as ȝet continuit in the same mynd to die and live therin be Gods grace, [willing no other opinion to be conceived of him; for the which declaratione all the brethren being heartily glad praised God for the same.
Anent the actione concerning Gaun Grahame in Glasgow: The said Gaun being called as of before, denyed before God that he aither gave counsel to the Laird of Minto or any others, to doe the violence which was done to Mr John Howesone, or yet be his presence assisted the deid; and therefore the matter being given to probatione, and the Laird of Minto, the Laird of Hart Gray, and Mr James Stewart being received witnesses in oppositione made be him against them, and they being sworn, and their depositiones openly taken, the Assemblie continued their determinatione in the said cause till the morne, and also superseded the cause against the Laird of Minto, warning him personalie unto the same.
Anent the present variance standing within the bowels of Edenburgh: The Assemblie ordeans their brethren, Mr Andrew Melvil, Mr Thomas Smetone, Mr John Rutherford, Mr James Balfour, the Lairds of Carnel and Barr, the Good man of Carbarrie, Patrick Kynmouth of Callenge, to travel betwixt the parties, to propone to them the inconveniences following their diffensione, exhort to peace and constant unitie; and if any questione civil be among them, constantlie to compone the same, or otherwise without grudge that their contraversies may be lawfully decyded be such as have power.
Anent the process depending against Gaun Grahame, and the tryall taine yesterday: The Assemblie being resolved with the depositions of the witneses takin in the said cause, Finds him guilty of the counsel given to the Laird of Minto, in the violence used against Mr Johne Howesone: As to the order and discipline to be used against him, referrs to be consulted upon in the privie conference. C.]
Anent the processe vsed against the Laird of Mynto: In respect of his compeirance personabllie [this day] and ȝesterday, confessioun of his offence, and submissioun of him to the Kirk; the Assemblie [and brethren present] hes referrit the discipline and ordour to be vsit against him, for satisfieing of the said offence, to the judgement and discretaioun of the Presbyterie of Glasgow; and the same forme to be observit be them with Johne Grahame, Elder; and quhat heirin beis proceidit, vpon the part of the Presbyterie, and vpon the part of the saids persons, to report to the nixt Assemblie.
[Anent the citatione used against Coline Campbel and his collegues to hear the sentence of the Assemblie pronunced in the proces depending against them: None compearing except John Grahame, the Assemblie continued their pronuncing in the matter while the morne.
Anent the summonds execute against Archibald Heget and certane his collegues, to answer for haunting companie of Mr Robert Montgomerie, being excommunicat, after due intimatione to them thereof, and for other enormities done be them against the Kirk; certifying them if they compear not, their offenses should be holden as confessed, and the Kirk would proceed to use such censures against them as their offense deserves: Which citatione being called, and none compearing, except the Laird of Knockdolian, who grants the Bishope to have eaten and drunken once or twice in his house since his excommunicatione, but no familiaritie used be him, for which he would come in the Kirks will; and supplicationes presented for John Campbel and John Spreul: The Assemblie continued this matter to farther deliberatione while the morne, at their nixt Assemblie.
[Anent the citatione directed against Archbald Heget, John Grahame, Younger, Hector Stewart, Coline Campbell, John Spreul, Elder, William Heget, John Mure in the Briggate, Robert Grahame of Knok Dolian, and his spouse, Robert Stewart of Fubar, to have answered for haunting and using the companie of Mr Robert Montgomerie after his excommunicatione, the sameine being intimate to them, and for other enormities done be them against the Kirk, as the summons at length beirs: Which being called, and none compearing, except the Laird of Knok Doliane, the Assemblie ordaines the said Archbald Hegget, Johne Grahame, Ʒounger, Hectour Stewart, Johne Sprewle, Elder, William Hegget, Robert Stewart of Fowbar, for thair contumacious absenting them from the Generall Assemblie, being diverse tymes summouned therto, dispysing and contemning thereby the voice of the Kirk, to make thair publick and solemne repentance in the Kirk of Glasgow, in presence of the congregatioun therof, afterthe forme to be preseryvit to them be the Presbitrie of Glasgow, to quhom the Kirk committs the executioun heirof; and also to trie diligently, and enquire against them, and the whole rest of the saids persons, the points and accusationes above specified; and according to the acts and laws of the Kirk, to proceed and put order thereto, as they will answer to the Assemblie. C.& B.]
Anent the proces deduceit aganis Colein Campbell, Malcolme Stewart, Hectour Stewart, Johne Grahame, Elder, Gawin Grahame, and Archbald Hegget, concerning the violence done to Mr Johne Howesone in the judgement seate of Glasgow, &c.: The saids haill persons being cited to this Assemblie, except the said Walter Stewart, to have heard the sentence of the Kirk in the said matter, and nane compeirand except Johne Grahame, Elder, with quhom the Assemblie hes [alreadie] takin ordour, and Gawin Grahame; The Assemblie decernit and ordainit the said Colein Campbell, Malcolme Stewart, Hectour Stewart, Archbald Hegget, and Gawin Grahame, for their offence forsaid, to be excommunicat publickly in the Kirk of Glasgow be Mr David Weymis, Minister therof, with advice of the Presbyterie therof, [and to be cutt off from the societie and fellowship of Christs people; and likewise the said Presbytrie to call before them the said Walter Stewart, who was not summoned to this dyet, and to discerne him likewise to be excommunicate for the said offences, and appoint a special person to the execution thereof; and to report their proceedings in both to the nixt Assemblie.
Anent the summons direct against my Lord Advocate continued to this day: His Lordship compeiring in Assemblie, excusing his absence, desired to have short space to advise with the tenour of the Proclamatione, and a sight of such other particulars as he is burthened with, wherein he should simplie make his answer as God should judge him: which granted to the morne at 10 hours, and the particulars to be given him after noone. C.]
1. Seing the spirituall jurisdictioun and government of the Kirk is grantit be God the Father, through our Mediatour Jesus Chryst, and givin only to them that preaching, teaching, and ovirsieing, beare office within the same, to be exercised not be [the] iniunctiouns of men, bot be the only rule of Gods Word; That the act of Parliament, concerning the libertie and jurisdictioun of the Kirk, be so plainly declarit and inlargit, that heirafter none vther of quhatsoevir degrie, or vnder quhatsoevir pretence, have any cullour to ascryve or take vpon them any part therof, either in placeing or displacing Ministers of Gods Word, in spirituall livings or offices, without the Kirks admissioun; or in stopping the mouthes of preachers, or putting them to silence; or takeing vpon them the judgement in tryall of doctrine; or of hindering, staying, or dissannulling the censures of the Kirk, or exeiming any offender therfra.
2. That the Presbyteries, consisting of Doctours, Pastours, and such as are commonly callit Elders, now according to Gods Word, and the Kings Majesties directioun, appointit in diverse parts of this realme, for discipline, ordour keiping, and judgement keiping, in ecclesiasticall affaires, be approvit and establischit be authoritie, and paines prescryvit to them that stubbornly oppones themselves.
3. That the Synodall Assemblies consisting of diverse Presbyteries, and General or National consisting of the haill, be approvit, [and] be vertue of acts of Counsell presentlie, and Parliament heirafter, have power to conveine so oft as occassion sall requyre, to advyse, intreat, conclude, [and] make ordinances in such things as concerns the weill of the Kirk, and thair charge in doctrine and discipline, with libertie to appoint tymes and places for that effect.
4. That Presbyteries, or such as they will direct of thair awin number, have the same power in designatioun of manses and gleibs, and reparation of kirks, that the Bischops, Superintendents, or Visitours had before.
5. That every Kirk have thair awin severall Pastour, to be sustainit on the teynds of the parochin quher he serves; and to that end, that the manses of kirks annexit to great benesices or prelacies be dissolvit, pensions givin out of the thrids, and tacks sett [out] of the same, be the collectours, or possessours having thair thrids in thair awin hands, be revockit.
6. That of the temporall lands of every Abbacie, Pryorie, Bischoprick, Nunrie, &c., so meikle may be applyit to the schooles as may sufficientlie mantaine ane sufficient number of Masters and Bursers, according as the living may beare, in place of Cannons, Monkes, Nunnes, or vther idle bellies; the ane to teach, and the vther to passe thair course asweill in philosophie in all Vniversities as in Theologie, according to the act of Parliament made in the foundatioun of the Colledge of Sanct Androes, that the Kirks may be once plantit with sufficient learnit men.
7. That provision may be, how the commoun affaires of every Presbitrie may be borne, such as visitatiouns, Commissioners direct be them for sundrie occasions, Scribes, executioun of thair summonds, decreits, &c.: quhilk to our judgement sould be sustainit be the Bischops rents.
8. That the Kirk be restoreit to the thrids, according to the act of Parliament and contract made be the Erle of Mortoun; because we have sound ourselves greivouslie hurt be giving them out of our awin hands.
10. That no presentation be givin to any man with a blank therwith, for thair filthie greid, to gang throw the countrey making [shamefull] merchandise, and seiking quho will offer most, or take leist; but that such be cheiflie regardit as be the Presbitries or Vniversities salbe recommendit to the Kings Majestie or [other] laick patron.
11. That [it] be enactit, that Ministers, who, throw age or seiknes, or vther accidents, becomes vnable to execute thair office, may bruik thair livings dureing thair lyfe; and provisioun made how the Kirk in the meantyme wilbe served.
13. That such as are knowin to be papists, and notwithstanding thair oathes, hand wrytis, and outward obedience, are tryed to have returnit to thair vomit and made apostacie, wayting still the tyme and occasioun to cutt the throats of the godlie, may be punischit as traitours to God and our Soveraigne, be banischment or vtherwayes.
17. [That] the Colledge Kirks quhilk are destitute of Ministers [and Pastors,] be reason of the thrids givin in the Colledge hands, may be provydit be sufficient stipends out of the thrids, conforme to the act of Parliament made theranent.
19. That the diminutioun of the rentalls be a sufficient cause of reductioun of tackis and fewis, and that diminutioun be comptit asweill the imparing of silver rentall de liquido in liquidum, as conversion of victuall in small pryces, that is, vnder such reasonable pryces as victualls gives for the tyme.
21. That it be leisum to no beneficit man, Prelate nor vther, to sett any tackis or fewis heirafter; and that they be bound to repare quhatsoevir hurt they have done to thair livings agains the lawis.
Certaine Articles presentit be the General Assemblie, and most humblie craveit of the Kings Majestie and Counsell, for redresse of the manisold enormities fallin furth to the wrack of the Kirk and Commoun weill.
1. That the slanderous Proclamatioun givin foorth at Perth, the 12 day of Julij, and published in all townes and paroch kirks, and to the perpetuall infamie of Gods servants imprinted, may be pervsed and diligentlie considerit; and [to] try if any Minister be culpable of such odious crymes as therin are layit to thair charge; and in cace that they be found culpable, to punish them with all rigour of law; vtherwayes, that the givers out of such blasphemous reports, and devysers and dyters of that infamous lybell be punischit accordinglie; and that, be act of Counsell and oppin proclamatioun, the Ministrie be declarit innocent of such haynous and wicked crymes.
2. That the vnaccustomit violence vsed aganis Mr Johne Howisone, drawing him out of the Justice seate of the Presbyterie, dinging, and casting him in prison, and aganis Mr David Weymis, Minister of Glasgow, be so punischit that nane heirafter be bold to attempt the lyke.
3. That Coline Campbell, burges of Glasgow, William Hegget, Archbald Hegget, and thair complices, be punischit according to justice for the seditioun and vproare made be them, being Magistrates and Counsellours, against the Students of Glasgow, and shedding thair blood.
5. That ȝour Lordships will give the Kings Majestie to vnderstand, how wickit instruments they were that perswadit his Grace to allow and take vpon himselfe all the mischeifes and vngodlie proceidings, quherat the Kirk, his Grace and countrey, were brocht to such miserie and danger.
6. That all acts of Counsell made against Presbyteries and Assemblies, charging them to desist from proceiding in discipline and ecclesiasticall censures against slanderous persones, be annullit and delatit out of the books: [Likewife,] that the act made against John Durie be delatit.
7. That his Majestie and Lords will wey quhat great inconvenients and absurdities falls furth vpon the act of Counsell made concerning [the] absolute power; and for removing therof, to delate the same, nevir to be remembrit heirafter.
8. That his grace and Lords provyde and carefullie foirsie, that [be] the wicked practise of dimissioun [or] association of authoritie, the Kirk, Kings Majestie, and countrey, be not hurt; and that the same be stayit in tyme.
9. That the stipend appointit for the Minister of Striveling, and now wickedlie purchast be Mr Robert Montgomerie to his ȝong sonne, be restored againe for [sustentatione of] a qualified man to teach that flock, quhilk, be his vngodlie dealing and apostasie, hes bein so long destitute.
10. That it will please ȝour Majestie and Lords to have pitie and compassion on that noble and godly man, James Hamiltoun, Erle of Arrane, sometime a notable and comfortable instrument in reforming the Kirk of God, and now visit be the hand of God, and vnder pretence of law berest.
The General Assemblie gives thair full power and commissioun to Mrs George Hay, Andro Mill, James Balfour, William Chrystesone, Patrick Galloway, Andro Melvill, David Fergusone, Thomas Buchannan, Patrick Gillespie, James Lowsone, David Lindesay, Robert Pont, Andro Hay, Thomas Smeitoun, Johne Ʒoung, Andro Polwart, Andro Clayhills, Johne Knox, Patrick Gaites, Peter Watsone, with the Kings Majesties Ministers, to passe vnto the Kings Hienes, his noble Counsell and Estates presentlie assemblit at Halirudehous, and to his Hienes Parliament, when the samein sall happin to be haldin, [and with all humilitie, due reverence and submissione, offer and present articles, complaints and greeves of the whole Assemblie, desiring his Hienes and Nobilitie to consider the samine, and to give good and gracious answer therto; and to that effect, if need be, to reason and conferr as they shall be required, and hereanent with all carefulnes to travel with his Hienes and present Conventione, and await upon thair good answer, to be reported again by them to the nixt Assemblie: firme and stable, &c. C. & B.]
Anent the matter depending aganis the Kings Majesties Advocat: His Lordship being present desyrit the Assemblie to considder wiselie if they allowit the forme of proceidings against him, being ane officer to his master the Kings Majestie, callit his allate, [allane,] vpon the alledgit forming of ane Proclamatioun givin out in the Kings Majesties name, vnder the title of a Declaratioun, and concludit be authoritie of his Counsell; and as they fall find be their wisdome, he wald not contemptuoustie refuse to answer to every point [which they had] to lay to his charge: With the quhilk desyre the brethren being advysit, Fand, that in respect of the slander castin be his person, he may and sould be callit simplie to give his declaratioun for removing therof; quherwith he being content, plainlie and oppinlie taking the name of God to his witness, declarit, He neither inventit, pennit, nor formed the said Proclamatioun, bot, at the desyre of the Dukes Grace, translatit the last part therof in Scotts, concerning his declaratioun, quhilk was in French; and furder did nothing in the haill Proclamatioun. As to the remanent heids, they were ansuerit summarlie, and the brethren appeirandlie satisfied.
The brethren appointit to present the Articles to the Conventioun of Estates and Parliament, reportit, That the Lords craveit the advyce of the Kirk, quho sould sitt in thair names to vote in Counsell or Parliament, seeing they are vpon the ordour taking of a Counsell, consisting of thrie Estates: For the better resolutioun heirof, it was thocht meitt heirin to vnderstand the plaine meining of this propositioun at Lords selves, and therfor the brether to be conveinit ther at afternoon.
Anent the propositioun made before noone concerning such as sould sitt and vote in Counsell and Parliament in name of the Kirk: The matter being opponit be the Lords, thair propositioun was, Whether if the Kirk will aggrie, that some of the Bischops be vpon the Counsell for the Kirk.
Thereafter the Assemblie conveining themselves together, resolvit, That theycould not aggrie that any sould vote in the name of the Kirk [there], bot they that beares office in the Kirk, and are authorizit with commissioun of the Kirk, to vote and fitt ther; and ordanit thair answer to be returnit to the Lords be Mrs George Hay and Thomas Buchannan immediatelie.
James, be the grace of God, King of Scots, to our lovits
Messengers, our Shirriffs in that part, conjunctly and severally specially constitute, greeting: Forsameikle as it is humbly meaned and shown to us be our weel beloved, the Reverend father in God, Robert Montgomerie, Archbishop of Glasgow, that where he hath been and dayly is trubled and perswed be certane Ministers for acceptatione of our promotione to the said Bischoprick, and alledged aspyring to the persuing of the said Ministers for non admissione of him thereto, and some certane promise made be him thereanent, and other circumstances depending thereupon, heard and considered be us and the Lords of our Secreet Counsel already; whereby the Ministers conveened in the late Generall Assemblie, Synodall Assemblies, Presbyteries, Elderships, and others whatsomever were discharged of all using Citationes, or pronouncing of Sentences of Excommunicatione, against the said Reverend father, or otherwise troubling or molesting of him for the pretended cause before rehearsed, of the which he hath never yet been duely convict, or orderly called to his answer therevpon, as our Decreit in recent memorie bears: and We and our Counsel being credibly informed, that the said Ministers, notwithstanding the premisses, in a strange and unaccustomed manner used heretofore, since the establishing of the true and Christian Religione within our realme, have pronounced the said sentence of excommunicatione against him, not only to his heavy slander, but also to the great hurt and derogatione of our authority, and dangerous example to be followed, without any ground or formall order of law received within our realme, appointing or allowing any such forme; nor the like ever hath been put in practise in any realme or common wealth where the Gospel is received: wherefore, and to the effect that the said sentence should not prejudge the said Reverend father, till, be a laufull and formall order to be established and allowed be our Estates, he be orderly called and convict of cause justly meriting excommunicatione, it was thoght expedient be us and our said Counsel, be our other letters under our subscriptione and signet of the date the 12 of June last bypast, to grant him licence and liberty not only to stand in judgment to pursue and defend all and whatsomever cause depending, or to be persued be him or against him, before whatsomevir Judges of our realme, notwithstanding the sentence of excommunicatione pronounced against him, or any of our laws, acts of Parliament, or statuts made anent excommunicatione, or any pains conteaned therein, anent the which we have dispensed be our said other letters; but also the said letter to grant, discerne and declare, that the said Reverend father, for the said present excommunicatione, shall incur no skaith nor danger, nor the persons whomsoever shall reset, supplie and intromet with him, as our said other letters of Dispensatione granted thereupon, at more length proports: Notwithstanding whereof, the Elders and Presbytrie of Stirling have directed their precepts, and therewith caused summond Robert Ramsay, Nottar, Steven Aikman, Gilbert Christesone, and Margrat Roye, to compeir before them, at the parioch Kirk of Stirline at a certane day, to answer, at the instance of the Kirk, for receiving in their houses, and enterteaning of the said Reverend father, bearing of him company, in eating and drinking and familiar talk with him, being excommunicate as they aledge, after that intimatione was made to the saids persons of the said excommunicatione, and therefore to hear and see themselves decerned to underly the censures of the saids Elders and Presbytrie, as their precept directed thereupon at more lenth proports; wherethrow, not only the saids Elders and Presbytrie intends to proceed in their pretended manner against the foresaid named persons, and pronounce the said sentence of excommunicatione against them, for the former cause conteaned in the said precept; but also, as the said Reverend father is certainly informed, the Moderators, Elders, and Presbyteries in Glasgow, and others our burrow touns, and touns of our realme, where Elders and Presbytries are constitute, that the Ministers, where he hath reforted since the time of the said excommunicatione, and where he shall happen to resort hereafter; intend in like manner to summond before them, all such persons as already have or shall intercommune with him, receive him in their houses, or give him meat or drink, to hear the said sentence of excommunicatione given against them, not only to the hurt and slander of the said Reverend father, and of the foresaids persons, but also to the derogatione of us and our authority; a dangerous preparative, in case good remeed be not provided: Our will is herefore, and We charge you straitly and commands, that incontinent thir our letters seen, yee pass, and, in our name and authority, command and charge the Moderator and Elders of our burgh of Stirline, Glasgow, and other our burrows touns, and touns of our realme, where the said Elderships and Presbytries are constitute, that they desist and cease from all farder directing of any precepts, or citationes, using of any censures of excommunicatione, or any proceeding therein, against the said Robert Ramsay, Steven Aikman, Gilbert Christeson, and Margaret Roye, or any other of our subjects, for intercommuning with the said Reverend father, receiving him in their houses, or giving him meat or drink, under the pain of rebellione, and puting of the saids to our horn; with certificatione to them, if they fail, our other letters shall be directed simpliciter to denunce the dissobeyers, our rebells, and put them to our horne and escheat, and bring in all their moveable goods to our use, for their contemptione: But to the effect that none of our faithful and obedient subjects pretend ignorance of our saids letters of Dispensatione twiching this excommunicatione foresaid, against the said Reverend father, or them that have or fall happen to intercommune with him, receive him in their houses, give him meat and drink, shall incurr no danger therethrough, in their bodies, lands, benefices, livings, goods, nor geir, We command and charge you, that you pass to the mercat croces of our burghs of Perth, Stirline, Glasgow, and other our burrows, and places needfull within our realme, and there, be open proclamatione in our name and authority, make publicatione and intimatione of the premises of our said other letter of Dispensatione granted be us, with advice of our said Secreet Counsell, in manner foresaid, as yee will answer to us thereupon; because We and our Counsell have seen the letter of Dispensatione above writen; and also, because it is remitted to the Conference, how, in what manner, and for what causes, excommunicatione should be given and pronounced. The which to do, We commit to you conjunctlie and severally our full power be thir our letters, delivering them to you duely execute, and indorsit again to the bearer.
|Jacobus Comes de Glencarne.||Computorum Rotulator.|
|Willielmus Comes Gowrye.||Clericus Registri.|
|Commendatarius de Dumfermling.||Clericus Justiciarie.|
|Commendatarius de Culros.||Prepositus de Dundie.|
|Commendatarius de Cambuskynneth.|
Forsamekle as it is humelie menit and havelie complenit to oure Souerane Lord and Lords of Secrete Counsale, be the Ministers of Godis Word, That be his Maiesties Proclamatioun daitit at Perth the twelst day of Julij last bypast, publisched in diuers partes of this realme, and ordanit to be intimat at all mercat croces and paroche kirkis within the same, bearing that fals brutis are gevin furth, divulgat and publictlie decleamit, vnder collour of religioun, and titill and name of the Kirk, to steir his Hienes gude subiectis in thair contempt, and to neglect thair dewtie and obedience aucht to his Hienes, commanding and chargeing all and sundre Erlis, Lordis, Barones, Ministers, and all vtheris his Maiesties liegis, to desist and ceis fra all publesching, preitching, reporting, or assirming of sic fals brutes and manyfest leyis, exhorting thame not to be movit to ony Conuentioun or Assembleis, vnder quhatsumeuir title or names, except his Hienes aduise and directioun had thairto; certifeing thame that dois in the contrar, that they salbe repute, heldein and pvneist as makers of convocatioun of his Hienes liegis, disquietaris of commoun peax, rebellis, and ennemeyis to his Maiestie his actoritie and lawes. Be the wordis of the quhilk Proclamatioun, the auctoritie and libertie of Godis Word in fre reproving of syn and iniquitie, and the preuilege grantit to Godis Kirk, and in all aiges obseruit, and speciallie sen his Hienes coronatioun, in the convocatioun of the Generall, Synodoll, and Particular Assemblies, at all tymes convenient, is thocht to be inhibite and put vnder iniunctionis in ane new and strange maner, quhilk wes not, nor is not his Maiesties meaning: Quhairfore his Maiestie hes declarit, and be thir presentis declaris, that his Hienes trew intentioun and vnfeinyeit will neuir wes nor is, to resist or put stay or iniunctioun to the fre preaching of Godis Word, in reproving of syn and iniquitie, as be the same Word occasioun is offerit, nor ȝit to stop the conventionis of Generall, Synodoll, or quhatsumeuir particular Assemblies of the Kirk and Ministeris, at all tymes requisite, according to the Word of God, and lovable vse and custom obseruit heirtofore; willing thame to proceid as Godis Word directis, as be vse and custum hes bene ressauit, notwithstanding the said Proclamatioun maid, or ony vther to be maid in the contrar; anent the quhilkis his Maiestie dispensis for euir: And, with aduise of the Lordis of his Hienis Secrete Counsale, ordanis letters to be direct to officiaris of armes, Schiressis in that part, chargeing thame to pas to the mercat croces of the heid burrowis of this realme, and vtheris places neidfull; and thair, be oppin proclamatioun, mak publicatioun of the premisses, that nane pretend ignorance of the same.