Acts and Proceedings: 1587, June

A.D. M.D.LXXXVII.

The Generall Assemblie of the Kirk conveinit at Edinburgh, in the New Kirk therof, the 20 day of Junij 1587: Quher ther was assemblit the Kings Commissioners, my Lords Chancellour and Blantyre, with the Commissioners with the brethren.

Sessio 1^a.

Exhortatioun made be Mr David Lindesay, [Moderatour of the last Assemblie, the Assemblie proceeded to the election of the Moderatour.] Leits, Mrs. Nicoll Dalgleish, Patrick Galloway, Thomas Buchannan, Andro Melvill: The said Andro, be pluralite of votes, was chosen Moderatour hac vice.

[For the better expedition of matters, and more orderly proceeding in such things as were to be proponed, he required the assistance of certane brethren to concurre with him at exterordinary hours, which was granted. The Assembly nominated to that effect, Mrs. David Lindesay, Nicoll Dalgleish, Patrick Galloway, Paul Fraser, Thomas Buchannan, Robert Pont, Robert Bruce, John Craig, Walter Balcanquell, Patrick Simsone, James Brysoun, Peeter Blackburne, and Andro Hay. C. & B.]

Sessio 2^a.

Mr David Lindesay and Johne Durie, quho were direct to my Lord Secretar anent his Majesties Commissioners, reportit, That his Hienes hes nominat my Lord Secreitar and Justice Clerk, quho wold be present and concurre as thair opportunitie might serve; alwayes willing the Assemblie according to his Hienes mynd, befor any vther thing, be intreatit the cause of Mr Johne Couper: Nottheles, after some reasoning, was content they sould be delayit quhill the morne; and that the brether quho are on the conference, sould meit and reasone something concerning these casues.

Anent the Bookes of the Assemblie: Seing the Kings Majesties Commissioners hes offerit thair concurrence to the recovering thereof, if it may be knowin in whose hands the samein are, the Moderatour desyrit the brether that could give any light in this matter, [to manyfest the same;] and namely Mr Patrick Galloway, quho was direct in the last Assembly to the Kings Majestie to sute the delyverance of the said Register, and his Hienes ansuer thereanent; quho declairit, His Majestie had promised to cause them be delyverit. Thereafter it was testified be Johne Brand, That at the last Assemblie, in his awin house, Mr Patrick Adamsone, Bischop of Sanct Androes, in presence of David Fergusone, confest quher the samein were, and at command obtained be the King, he sould cause delyver the same: Lykeas also it was testified be Johne Durie that he heard him lykewayes grant the having therof: Quhilk testifications being considderit be the Assemblie, they concluded that charge sould be givin against him; and, for the better advyce in that matter, directit Mr David Lindesay to my Lord Secretar; quho returning with his ansuer, thocht meit ane supplicatioun sould be givin to the Lords of the Counsell to obtaine charges agains the said Mr Patrick; and lykewayes that the Kirk sould use thair awin charges and authoritie: according quhervnto the Kirk ordainit ane supplicatioun to be pennit and givin to the Lords the morne; and sicklyke ane charge to passe from this Assemblie, chargeing the said Mr Patrick to exhibite the saids bookes befor them, to be delyverit to the Kirk within thrie dayes after the charge, or shew ane reasonable cause why [he may not deliver them;] and sicklyke to compeir within the said space personallie, to ansuer for his absence from this Assemblie, and to such vther accusatiouns as sould be laid to his charge, vnder the paine of the censures of the Kirk.

Sessio 3^a.

All quarters sall resort to the Assemblie every day, at the due houre appointit therto, and remaine to the end every day, vnder the paine of payment of ane groat toties quoties.

[Touching the commission given be the Kings Majesty, with advice of the Assembly, to certain brethren concerning non residents, and others deserving deprivatione: The saids Commissioners being present, and inquired of the discharge and due diligence of their office in that part, expouned, that for sundrie impediments their travells had not been so profitable as is required, namely, for lake of expences to the common affairs, to outred charges therin, absence of the Procurator of the Kirk, some times sloath of the Presbytries in not remitting summonds to their dulterme, and by dispensations given be the Kings Majesty touching non residence, which is a common shift to many; alwise in some they have proceeded with sentence; others ly att interloquutor, desiring the judgment of the Assembly if the said dispensatione shall be any cause to hinder process against them; and likewise craving the removing of the said impediments which hinder the executione of the said commissione: The Assembly of the brethren ordaineth the Commissioners to give in the speciall impediments, with their judgment how the same may be removed, at their first opportunity; and sicklike the brethren which would understand the proceedings against any persons which were summoned before the saids Commissioners, to give in their names in writ, that a particular ansuer may be given to them for declairing of their diligence. C.]

Sessio 4^a.

It was thocht expedient, notwithstanding of the ordinance made ȝesternight aganis Mr Patrick Adamsone, for delyvering of the Register, That before the samein be put to executioun, ane humble supplicatioun be made to the Kings Majestie for that effect, quhilk the brether desyrit Mr David Lindsay and Johne Duncansone to forme [immediatly, that it might be sent with expeditione.]

Forsameikle as ther hes bein a matter of greise conceivit be the Kings Majestie against Mr Johne Cowper and James Gibsone, movit privilie to the Moderatour; It was thocht expedient be the haill Assemblie, that the said cause be first privielie treattit and considderit be [the brethren underwritten, to witt,] the Laird of Dunne, Mrs. Peeter Blakburne, Johne Porterfield, Thomas Buchannan, David Lindsay, Nicoll Dalgleish, and David Fergusone, quhom the Assemblie nominat to travell, reason, and conferre with the saids parties, and to sie if they can take vp the matter be thair awin advyce; vtherwayes to propone the same to the full Assemblie, that the matter may be heard and reasonit ther; and to that effect ordainit the said brethren [immediatly] to passe out of the Assemblie, and the said Mr Johne and James to passe with them.

[Touching the letter ordained to be penned by David Ferguson, Master Peter Bleckburne, Master Nicoll Dagleish, concerning the ansuer to the Kings Majesty touching the presentatione of their brother Master Robert Pont to the Bishoprick of Cathnes: The said letter being presented, and ratisied after a few words changed, it was thought meet to be directed to his Grace.

Forasmuch as, albit there be both laws and diverse proclamationes published and sett out against Jesuits and Papists, and nottheless their number dayly increassed under the mantainance of diverse great men within the countrey, without fear of law, or any punishment to ensue for repressing thereof:] Seing his Majestie is now of persyte age, and ane Parliament is appointed in the nixt moneth, it is thoght expedient, that the acts of Parliament made be our Soveraine Lord, his Hienes predecessours, and Regents for the time, for the libertie of the true Kirk of God and Chrysts religioun presentlie profest [therein] within this realme, and for repressing of Papistrie and Idolatrie, be collectit together and craved to be confirmed; as lykewayes the executioun of the saids acts may be considderit, and what farther either executioun or law salbe desyrit agains the saids Papists and Idolaters; as also such lawis and constitutiouns as are made to the derogatioun of such libertie, or to the prejudice or stay of the course of the Evangell, may be lykewayes collectit, to that effect thair abrogatioun may be socht: Quhervnto they nominat [their beloved brethren,] the Laird of Dun, Mrs Robert Pont, Nicoll Dalgleish, David Lindsay, Paul Fraser, [and Master Thomas Buchannan, to concurre at such hours togither, as they may best spare, and take pains in the said matter, and thereafter present their travells to the Assembly to be considered by them. C.]

Sessio 5^a.

[Touching the Commission given in the last Assembly to their brethren of the Presbytries of Glasgow and Stirling, to summond Master David Cuningham before them att a certain day, to be tryed concerning the slander of adultrie with Elizabeth Sutherland, or any other person; and if they found him, by good appearance, criminall and guiltie, after the said tryall to suspend him from the function of the Ministry to this Assembly; and to summond him thereto to hear the determinatione of the whole brethren thereanent, like as at more length is contained in the said commission: whereof the execution being craved of the said Commissioners, and certane excuses pretended by them of the non execution thereof, which the brethren esteemed of small importance, of new giveth and committeth power to the said Presbytries to direct out summonds to such a short and convenient day as is possible, to compear before them in Stirling, there to be tryed concerning the said slander, aither with the said Elizabeth, or with any other person; and if they find him, be good appearance, criminall and guilty, after the said tryall to suspend him from the functione of the Ministry to the nixt Generall Assembly, whereunto they shall summond him to hear the further determinatione of the whole brethren thereanent; and what shall be done herein to report thereunto; ordaining, if the said Master Davids resort be in Aberdeen, to cause the summons to be directed to him for the executione thereof, as they will answer upon their obedience to the Kirk. C. & B.]

Anent the diverse and greivous complaints of sundrie brether against Mr Patrick Adamsone, Bischop of Sanct Androes, at whose instance he is [denuncit rebell and] registrat at the horne for none payment of thair [sustentatioun and] stipends assignit to them; and speciallie of Mrs William Strang, David Spense, Adame Johnstoun, and vthers; and of the slander that he lyes at the horne for not surnisching of two gallouns of wyne to the Communioun: This matter being heavilie regraittit to the Kings Commissioners, [promise] was made be the Pryour of Blantyre to communicat the matter to the rest of the Kings Majesties Commissioners, whose advyes for redresse heirof he sould report to the Assemblie.

As to the regrate of some brether, that partlie be his rebellioun and lying at the horne, [and] partlie be his suspensioun, some divisoun rises, that certaine resorts not to his sermouns, nor adminstratioun of the Sacraments made be him, nor vther service, as humiliatioun; vthers repaires therto; [and] swa appears some divisioun quhilk wald be redrest: The brether thinks meitt, [that,] befor they entir heirin, some ansuer be reportit of the former complaint.

[Touching the matter of Mrs Johne Cowper and James Gibsone, referred to be reasoned and travelled in yesterday be certaine of the brethren: The Assembly, by their votes, giveth their full power and commissione to the Moderator and the Assessours appointed to him, to conferre, consult, advyse, and, if they may, conclude and put finall end therto, to the effect the same may be brought to some finall good point and quietness, without further trouble of the Assembly; praying God to give them good success therein. C. & B.]

[Touching the slander of admissione of a Bishop latly to the Bishoprick of Glasgow, by all order, be the brethren of the West: The Assembly hath thought meet for good causes, that the said matter be first opened up and treated in privie conference afternoon, and thereafter brought before the whole number for satisfying all the brethren.

Touching complainst and questions which hath been propouned in Synodall Assemblyes, and could receive no resolutione: The Assembly appointeth Master David Spence, Master Adam Johnstone, Master Gilbert Garden, and John Porterfield, to reason the same. with such bills, as necessarly must come to the Generall Assembly, and divide them from others, to the effect they may be presented to the full number; and to that effect to conveen at eight hours in the morning, and at two afternoon.

Touching the commission given to Mr Patrick Galloway, Master William Rind, Master Williame Edmistoune, Master William Glass, Master John Abercrombie, and Patrick Weems, to try the Bishop of Dunkelden, and to summond him before them at such dayes and places as they should think good, if they found any occasione of slander in his life and conversatione and doctrine, betuixt and this Assembly, and to take probatione and lead processe therein to the sentence, remitting the same to the said Generall Assembly, as the said commission at more length beareth: which commission, in respect the same hath been as yet unexecuted and followed out, the Assembly reneweth, commanding the saids Commissioners to proceed conforme to the said commission in all points for executione thereof, as they will ansuer upon their obedience; and to report their diligence and tryell to the nixt Assembly.

Sessio 6^a.

Touching the complaint made concerning Master Patrick Adamsone, Bishop of Sanct Androes, and slander given by him through lying at the horne, at the instance of so many of the brethren, and the ansuer of the Kings Majestys Commissioners thereto: C.]

His Majesties Commissioners being present, thocht meitt, because Mr Patrick Adamsones matter is civil, quherin the Kings Majestie hes entres, that his Grace sould be forwarnit, quhilk the Kirk promises to doe.

Anent the doubt propoint, If it be slander to a Christian to absent himselfe from the sermouns, ministratioun of the Sacraments, or vthers godlie exercises vsed be such as lyes at the Kings Majesties horne, and are suspendit fra all function of the Ministrie: The Kirk ansuerit, That there is no slander in this case, bot be the contrair [concluded, that] it is slanderous to a Christian to resort to the [sermons and other] exercises forsaid of such ane [one] quhom they know to be at the horne, and suspendit from all functioun of the Ministrie, [as said is.]

[Touching the ordinance given to certan brethren concerning Master Robert Montgomery: The brethren directed to that matter, declared they had the charge of the Assembly to sett doun to him a forme of repentance which he should use, wherin they should doe their parte; but no obedience is given be him there.

For tryall of the books of the Commissioners diligence: It was thought meet, that out of every Province a certan be elected to visit and consider the said books; and to that effect the brethren nominated Master John Craig, Johne Durie, William Christesone, Master Adam Johnstone, Mr John Knox, Mr Thomas M'Gee, and Master John Housone; and to conveen at six hours in the morning in the New Kirk, and at such other exterordenary hours, as they may, while they have finaly tryed them; and thereafter to report to the Assembly what they find.

The Commissioner of Lothian being removed, and tryed, some brethren complained, that Master James Young having two kirks under cure, was placed be him, by the advice of the Presbytrie, Minister also at Stentoun, that kirk having a benefice that might sustean a Minister; and further, in the Synodall Assembly, constitutions being made to represse the insolence of Ministers in their abuilyeements, yet sensyne he hath overseen the executione thereof against some persons which are present: To the which, reentering, he answered, That he had not placed simpliciter Master James Young at Stentoun, but only desired, whill some provision were made for it, that he should make some help; and as to the benefice, it is provided of old. To the second: Ansuered, The persons which are meaned to be insolent in appearell, were admonished; and he received no direction from their said Presbytrie concerning such persons; and further, the Presbytrie should take order among themselves with the brether of their number.

Sessio 7^a.

Robert Graham, Commissioner of Cathness, being removed, he was charged, That he had a Highland kirk which he served not; and that he made no residence at his oun kirk: Reentering, answered, That he laiked the knowledge of the Irish tongue, yet upon his exspences the kirk was served: And as to his none residence, The cause is, that he hath neither manse nor gleib; and hath his partie at the horne for the same: The Assembly remitted him to the Commissioners appointed for non residence, to be processed there.

Master Peter Bleckburn presented the bill to be directed to the Kings Majesty for procurement of the restitutione of the Books, which was read and ordained to be delivered to their brother John Duncansone. C.]

Anent the supplicatioun givin in for Gilbert Lamb and certaine in company with him keepit in prison in Citde [Sevile ?] in Spaine, for the testimonie of the trueth: The Assemblie ordaines thair brether of the Ministrie vniversallie to recommend in their prayers the said Gilbert in particular, and his company in generall, to God, and to crave thair delyverance, if it be his pleasure, or ane finall perseverance and constancie to the end in the true consessioun of the Evangell.

Sessio 8^a.

[Touching the slander of admission of the Bishop of Glasgow be the brethren of the West, referred first to the privit audience of the Moderator and his Assessours: The Moderator with the rest of the brethren declared they heard the said Commissioner and Presbytrie, and the whole form of admission of the said Bishop, which was only to the temporality, the ecclesiasticall jurisdiction being devolved by him in the Kirks hands, and with such conditions, in case the Generall Assembly should not allow of such admissione, that the same should be undone, whereupon his obligation remaineth; which forme albeit the said brethren would not maintain to be agreeable to the Word, nor the order of the Kirk heretofore observed, yett they did nothing therein of mind to hurt the Kirk, but raither to preveen greater inconvenience which might follow, if he had not been admitted; referring them herein to the good deliberatione of the whole Assembly: Which matter being well weighed and considdered by the full number of the brethren, albeit they understand the good meaning the said brethren had, and acknowledge their zeall in resisting the corruptions in the times past to that estate; yet in conscience they universally votted, and concluded the said forme of admission to be unlawfull, neither agreeing with the Word of God, nor with the order and custome of the Kirk; and therefore ordeaneth the said breathern, admitters of the Bishop, to try him with performance of the said obligatione, and to cause the said admissione to be undone and anulled; and that with all possible diligence, and betuixt and Michellmess nixt to come at farthest, to the effect the slander may be removed from the Kirk, as they will answer upon their obedience to the same. C. & B.]

Sessio 9^a.

No Masters of Colledges or Schooles sall receive in thair Colledges or Schooles to teach, any students or scholers, being of maturitie of age, quho refuses to subscryve the true religioun presentlie establischit and profest, be the mercie of God, within this realme, or refuseing to participat the Sacraments, vnder the paine of the censures of the Kirk; and farther, befor any student be promovit to any degrie in the Vniversitie, that they fall toties quoties, as they sall be promovit, subseryve de novo, vtherwayes thair promotioun to be stayit, vnder the paines forsaid; and that the Presbytries be diligent to sie the executioun of this act, as they will ansuer to God.

[For as much as Satan in his members, dayly, more and more seeketh by all means to increass his kingdome of darkness; and for that cause, in thir latter times, he stirreth up crastie and subtile spirits, enarmed mightily with sophistrie and decete, to abuse the Truth, and by shaddow of cunning and learning, to blind the eyes of the simple sort; for the which cause, it is the parte of the true Kirk vigilently to occurre to his craft, and, by all means, to endeavour the advancement of Christs Kingdome: And therefore. C.] the Kirk within this realme hes advysit and found good, that the Presbyteries, together with thair Commissioners in all the parts of the countrey, and every ane of them for thair awin parts, prescryve to every yong man that is Minister within such a Presbitrie, a part of Scripture, together with a part of the commoun places and controvertit heids of religioun, to be diligentlie red, considerit, and learned be him, within such a space of tyme as the Presbitrie thinks good to appoint to him; and that his diligence may the better appeare vnto the fruit therof, at certaine tymes of the ȝeir, everie Presbitrie being conveinit, take a compt of the ȝong man of his travells, be requyring of him in the part of Scripture prescryvit to him:

First. The summe and deduction of the matter:

2. The solid sense and meaning of these places quhilk are most difficile to be understood:

3. A Collatioun of the sentences, [and arguments,] quhilk by reiding he may be able to gather out of that part of Scripture [proponed to him]; the quhilk arguments may either serve to confirme the trueth, or els to resute hereticall opinions. And as for the part of commoun places and heads of religioun prescryvit unto him, let him be ready to ansuer to questioning and reasoning to be had therevpon; and so to be exercit in this kynd, not for a tyme only, but from tyme to tyme, quhill he come to a certaine maturitie and solidnes in the Scripture of God.

Sessio 11^a.

[Touching the particular Sessions of Kirks and Congregations: The Assembly resolved, that they are and should be subject to their Presbytries, as hath been accorded before be act of the Assembly. C.]

Anent the supplicatioun made in name of the towne of Haddingtoun, lamenting the away taking of thair Presbitrie againes the ordour of the last Platt made be the Generall Kirk: The Assemblie examining the cause of the removing therof be the Commissioner, and finding the occasioun therof to have bein the laik of obedience and want of discipline, hes, at the earnest sute and craving of Mrs Nicoll Hay and Johne Ker, Commissioners for the said towne, reponit and restoreit the said Presbitrie, with conditioun and promise, that if ther be not better ordour and discipline keipit be them in tyme comeing nor hes bein heirtofoir, that the samein salbe removit.

Sessio 12^a.

[Elizabeth Lermonth, daughter to Sir Patrick Lermonth of Darsie, Knight, complained, that William Chillane, Reader at Auchtertole, had solemnized the marriage betuixt William Kirkcaldy, alias Ker, Laird of Grange, and Mistress Elizabeth Lyon, secretly, and without proclaiming their names three several dayes, according to order, and after laufull impediment made by her at the Kirk of Glames the second day of the proclamatione; the said William being called, and accused that he had proceeded to the solemnizatione of the marriage above specified, without lawfull proclamation of the bannes thrise, and that within a privat house in another Ministers bounds, answered, That the proclamatione preceeded the solemnizatione, as a testimoniall presented by him thereupon beareth; and that the giver thereof being sick the day of the solemnizatione, he executed the office, and solemnized the marriage in the place of, for the which he submitteth himself willingly in the will of the brethren: Which consession being considered by them, they find, that he hath transgressed the acts of the Kirk in making the said marriage intra privatos parietes, and therefor to have incurred the penalty thereof, viz. deprivatione from his office and function in time coming. C. & B.]

Sessio 13^a.

[Touching the presentation of their brother, Master Robert Pont, recommendit be the Kings Majestie to the Bischoprick of Cathnes: The said Master Robert Pont, before his removing, from the Assemblie, to notisie his mind to the whole brethren, that no man should take any just occasion of slandering his person, declarit, that for some losse and hurt done to him in his trouble, after diverse sutes given into the Checker, at length this presentation, without procurement of him, was put in his hand; and if the living might be bruikit with safe conscience, and without slander of the Kirk, desyrit thair judgement; this farre alwise being of mind resolved in that matter, that he would aggree to be Minister of Dornock, and to take visitation according to the command of the Kirk; and, for his office and charge, bruik the living only: With the which matter, after the removing of the said Master Robert, the Assemblie being in a parte entered upon reasoning, delayed their farther consultation thereof till afternoon; desireing Master Niccoll Dagliesh, Master Peter Bleckburne, and David Ferguson, to consider, be the said Master Roberts advice, what ansuer shall be given to the King; to be reported be them again to the Assemblie at the afternoone. C. & B.]

Sessio 14^a.

[The Commissioners for the toun of Edinburgh requisted, that Master James Melvill, or Master Patrick Galloway, might be appointed to succeed in the place of Master James Lousone, their late Pastor; and in case there be laufull impediment, that they would appoint some other qualified man. Master James and Master patrick alledged sundrie impediments which were found laufull; whereupon the Commissioners for the toun desired Master Robert Bruce might be appointed to supplie that place. The Commissioners being removed, the whole brethren voted the said Mr Robert to be a meet Pastor for the said flock, a man endued with many good qualtyes ansuereable to that place, and assented, in case his own consent might be obtained; and ordained Mr Andrew Melvill, and Mr David Lindsay to travell with him, in their name, and to exhort him, in the name of God and of his Kirk, to accept the charge. C.]

Sessio 15^a.

A letter [being] direct be Johne Duncansone, bearing the Kings command to the Bishop, for deliverance of the Bookes, at least foure of them, and that Mr George Ʒoung was stayit quhill the saids Bookes should be delyverit: The Kirk immediately directit [their brethren,] Mrs James Nicollsone and Alexander Rawsone to my Lord Secretar, to the effect the samein might be presentit; and, after thair directioun, and reiterat directioun of thair brether, Mrs Andro Melvill and David Lindsay, [at length] Mr George Ʒoung presentit to the sight of the Kirk fyve volumnes of thair Actis, quherof a great part being mankit; and, after the sight therof, being redelyverit to the said Mr George: The haill brether ordainit ane heavie regrate to be made to his Majestie in article, lamenting the away taking and mutilating of the saids Bookes, and to crave that the samein may be restored; and also, that the saids Bookes may be delyverit in the Kirks hands, to remane with them as thair awin Register; namelie, in respect of the ansuer returnit from my Lord Secreitar, that his Majesties will was, that the Kirk sould have inspectioun therof as they had adoe presentlie, and to give them vp againe.

[Touching the new missive thought good to be directed to the Kings Majestie, for ansuer to the Kings recommendation of their brother, Master Robert Pont, to the Bishoprick of Cathness: The same being read publickly was thought meeter to be directed unto his Grace, then the ansuer read of before: Of the which ansuer the tenour followeth:—[C. & B.]

Sir, [Let it please your Hienes,] We have receivit ȝour letter willing vs to elect Mr Robert Pont to the Bischoprick of Cathnes, vacand be deceis of vmquhile Robert Erle of Marche, ȝour Hienes uncle. We praise God that ȝour Majestie hes such opinioun and estimatioun of such a person as we judge the said Mr Robert to be, quhom we acknowledge [indeed] to be alreadie a Bischop according to the doctrine of Sanct Paul, and qualified to vse the functioun of a Pastour or Minister at the Kirk of Dornoch, or any vther kirk within ȝour Hienes realme, quher he is lawfullie callit, and worthie to have a competent living appointit to him [therfor;] as also to have the office of a Commissioner or Visitor in the bounds [or diocie] of Caithnes, if he be burdenit [therwith]: But as to that corrupt estate or office of them quho hes bein termed Bischops heirtofoir, we find it not aggreable to the Word of God, and it hes bein damnit in diverse vther our Assemblies; neither is the said Mr Robert willing to attempt the samein in that manner: The quhilk we thought good to signifie vnto ȝour Majestie, for ansuer vnto ȝour Hienes letter of nominatioun, and have ordainit our brether to be appointit Commissioners to awaite vpon the nixt Parliament, to conferre with ȝour Hienes and Counsell [at more length,] if neid beis, heirvpon. This, estir offering our humble obedience, we earnestly wisch the Spirit of the Lord to assist ȝour Hienes in all godlie affaires. From our Generall [Assemblie,] the 28 of Junij 1587.

[Touching the questioun moved, If suspensioun of a Minister from the functioun of the Ministrie for a tyme, for just causes, be repugnant to the Word of God, or no: The Assembly, albeit they think not just doubt may be moved in this matter, in respect of diverse conclusiouns of befor, with the daylie practise and example sensyne; yet the matter being reasonit de novo, C. & B.] It is found, that the samein aggries with the Word of God and his Scriptures; and therfor the acts made theranent of befor, to stand in full [force and] strenth, and not to be callit back [againe] in any wise.

[It was aggreed that one article be presented to the King, expressing their grieff, that sundrie papists of great calling are promotted to offices and benefices contrair to the acts of Parliament; and that such, and others of higher rank within the countrey, take upon them the maintenance of Papists and idolaters, namely the Earles of Huntle and Sutherland, the Lord Hume, the Lord Gray, the Lord Heries, the Laird of Fintrie, and young Glenbervie. C.]

Sessio 16^a.

It is concludit that all Pastours of quhatsoevir sort they be, salbe subject to the censure and tryall of thair brether, asweill of the Presbitries as Synodall and Generall Assemblies, concerning their lyfe, conversatioun, and doctrine; and such as refuses thair tryall or censure, that the saids Presbitries, Synodall or Generall Assemblies proceid against them.

Mr Andro Melvill was ordainit to pen a favourable wryting, [in name of the Assemblie] to the Ministrie in Danskine, congratulating thair embracing of the trueth in the matter of the Sacrament.

[Mr Robert Bruce being present and desired to accept the charge [of the Kirk in Edinburgh, in the place of Master James Lousone, late Pastor thereof,] declared he was not yet resolved to accept the samine simpliciter, alwise he would communicat his labours to that flock till the nixt Synod; and if he found himselfe then resolved, and meet for the charge, he should continue; otherwise he would be free.

As for Master Patrick Adamson: The Assembly had agreed to ansuer, that there was nothing proceeded against him in the Assembly.

As to Mr David Cuningham: There was a notorious slander in his person, and the brethren could not see nor know any clear purgatione as yet.

James Gibson was absent. Mr John Couper desired to be heard.

Sessio 17^a.

For penning the instructions to be given to the brethren appointed to take order, and give ansuer unto five articles propouned by the Kings Majesty unto the Assembly; the Assembly hath nominated their brethren, Master James Melvill, Master John Craig, Master Paul Fraser, Master George Munroe, Master William Watsone, Master John Keith, and Master William Stirling, and appointed them to exhibite the said instructions after noon to the Conference. C.]

[The tenor of the Articles propouned for the Kings Majestie. C. & B.]

1. If any contraversie be concerning the Bischop of Sanct Androes, That it be reasonit in his Majesties presence.

2. That the Bischop of Aberdein be not interest in his jurisdictioun and living, bot the samein to be exercit be himselfe, because the alledgit slander, quherby he was damnified of befor, is sufficiently tryit and removeit.

3. Concerning James Gibsone and Mr John Couper, That they acknowledge and consesse thair publick offences and slanders agains his Majestie, and satisfie therfor as he fall think good, or vtherwayes be deprivit from all functioun in the Kirk.

4. Concerning Mr Robert Montgomerie, That he be receivit, without farther ceremonie, to the fellowschip and favour of the Kirk.

5. Concerning the Laird of Fintries excommunicatione, quhilk was somequhat extraordinar. To be declarit null.

[The Generall Assembly of the Kirk giveth their full power an commission to their loved brethren underwritten, that is to say, Johne Erskin of Dunne, Mrs Robert Pont, Andro Melvill, David Lindsay, Thomas Buchannan, Andro Hay, Robert Bruce, Johne Robertsone, Alexander Rawsone, Robert Grahame, Patrick Galloway, David Fergusone, Nicoll Dalgleish, Johne Porterfield, James Andersoun, Johne Duncansone, Adame Johnstoune, Walter Balcanquell, Andro Clayhills, and Johne Band, Ministers of Christs Evangell, or any threttine of them, with all humility, due submission and reverence, to present to the Kings Majesty and Lords of Articles of his Hienes Parliament, such articles, heads, and humble petitions given to them be the said Assembly, tending to the advancement of Christs true religione, and establishing of good discipline within the Kirk of this realme; and, with all earnest diligence, care and travell, make supplicatione and right humble suite, that the same may be granted, past in acts and laws, and be established and sett doun by his Majesty and Noble Estates of his Parliament; and therupon, if need shall be, to treat, conferre and reason, and upon such other matters and heads as shall be propouned on his Majestys behalfe; and further, to give ansuer to his Majestys five Articles propounded to the Assembly, and to resolve and proceed thereanent according to the instructions given to them; and to the effect that the said brethren may be the readier and more resolute, that they conveen at Edinburgh the tenth day of July nixt; and what shall be proceeded or done concerning the said commission in all points, to report again to the nixt Generall Assembly of the brethren: firme and stable holding and for to hold what their said brethern in the premisses laufully leid to be done. Given in the said Generall Assembly of the Kirk, day, year, and place foresaid. C. & B.]

[The tenor of the] Instructiouns to the Commissioners appointit to waite on the Parliament.

1. As concerning the Kings Articles: In the first two, Let the judgement of the Assemblie be followit and notified to his Majestie.

As to the third, They sall travell by all good means possible, to mease his Majestie in this matter and bring it in oblivioun; and, failȝieing thereof, in case they sall find any good assured hope that the Kirks Articles salbe weill lookit vpon, and grantit to passe in Parliament, they sall prease to bring the matter to such a mids as may best aggrie with the honour of the Ministrie, satissieing the offence of the godlie, and conscience of the brether themselves, against quhom his Majestie hes takin offence, as may be that in speciall quhilk his Hienes Commissioners send in wryte to ane of the said brether; vtherwayes if they be urgeit to the Article as it stands, they sall leave the matter haill, and frie to be tryed and judgeit be the Generall Assemblie.

As to the fourth, They sall dispense with Mr Robert Montgomerie in some ceremonies vsed in repentance, in case they find his Majestie willing to remitt somequhat of the rigour of his Majesties satisfactioun cravit of the twa brethren, be quhom he finds his Hienes offendit.

As to the fyft, concerning the Laird of Fintrie, They sall shew his Majestie that the Kirk hes appointit certaine of brethren to sie quhat effect the dealing of them that was appointit in the last Assemblie hes takin with him, [and to travell further be all good means with him] to bring him by repentance to the bosome of the [true] Kirk, quherby that sentence may be in verie deid annullit.

They sall admitt nothing hurtfull nor prejudiciall to the discipline of the Kirk, as it is concludit according to the Word of God in the Generall Assemblie [of the Kirk] preceiding the 84 ȝeir of God, bot preceislie seik the same to be ratified and allowit, if possiblie it may be.

And finallie, In all let God be feared, and a good conscience keiped, in procureing the weill of the Kirk, and taking away all impediments contrair therto.

Sessio 18^a.

[Touching the Commissioners of Countries: It is concluded their commissions shall continue from Assembly to Assembly; and that the brethern appointed to wait on the Parliament supplicat his Majesty, that the Commissioners appointed by them in their last Assembly may be continued yet, seeing there is no fault found with them for the present. C.]

It was vottit and concluded, that nane salbe admittit to any Personage or Vickarrage, quho sall not be qualified to teach and preach the Word.

[An article to be conceaved and given in with the rest of the articles, that an act may be concluded in Parliament, That whereas beneficed men are called to hear them deprived before the Judges ecclesiastical deputed thereto, that their living during the time of the dependance of the processe, in case they be deprived, may be taken up and applyed to the use of the Kirk.

The Assembly answered to Mr John Coupers demand if they found any fault in him wheresore his mouth should be closed, That they found no fault with him. Master John protested, that for as much as that matter was committed to certain Commissioners, that if they decreed any thing to his prejudice, he be not obliged thereto, unlesse they all agree in una voce. C.]

The nixt Assemblie [is appointed to conveen] at Edinburgh, the first Tuesday of Julij.