Acts and Proceedings: 1577, October

A. D. M.D.LXXVII.

The General Assembly of the Kirk conveinit at Edenburgh, in the Laigh Tolbuith therof, the 25 day of October 1577: Where ther was present the Commissioners of Countreyes, Provinces, Townes, and Vniversities, with the Ministers. Mr David Lindsay [Minister of Leith] Moderatour.

Sessio 1^a.

Because of great confusioun heirtofoir in Assemblies quhilk fell out be casting in of purposes vnforsein afoir, and be the multitude of the proponers therof, it was thocht meit, dureing this Assemblie, that certain brether sould conferre with the Moderatour vpon matters to be intreatit on at this conventioun, viz. Mrs John Row, Alexander Arbuthnet, Andro Melvill, William Christesone, James Lowsone, Robert Pont, Andro Hay, Johne Duncansone, [and the brethren to conveen with the Moderator at eight hours in the morning, and at half hour to two in the afternoon during the Assembly]: and sicklyke it is thought good, that the acts made in the Assemblie be considderit be the said brether joynit to the Moderatour, and therafter red in opin Assembly.

The Kirk thought meit, that my Lord Regents Grace sould be desyrit to be in this Assemblie in proper person, or be Commissioners; and to that effect were directit Mrs Johne Row and James Lowsone, quho immediately returnit with ansuer, That his Grace had no leisure to talke with them, for occupatioun.

The haill Assemblie ordainit Mrs Johne Craig and Johne Brand to gang to his Grace for the same effect, and to report his ansuer the morne at nyne houres.

[In the trial of the Commissioners, Mr Peter Watson was delated for marrying Garleis in a privat house: He granted, but alledged he followed the example of Mr Willock, who had done the lyke there: The Assembly in respect of the acts made, prohibiting privat celebration of marriage, ordained the said Mr Peter to pass to the parish kirk of Disdeir, where the said parties should have been married, and upon a Sunday in presence of the Congregation and Mr James Beton, Minister, confess his offence in transgressing of the said act, which he shall also read in presence of the people, and to report a testimonial to the next Assemblie from the said Mr James of the performance of this ordinance. C.]

[The brethren direct to my Lord Regents Grace reported his Graces answer was, That he was so occupied in earnest affaires of the Counsell, that he had no leisure to conferre with them. C. & B.]

The Kirk hes thoght it meit that their brethren, John Brand and Mr John Craig passe againe to his Grace, and require his personal presence in this Assembly, or Commissioners [to be directed from his Grace] authorized with his Commission, [and to report his answer again the morn at nyne hours.]

Because the matter of the Policie and jurisdictioun of the Kirk committit to the recollecting, formeing and dispositioun of certaine brether, beand now presentit be them, was thoght expedient to be proponit and entreatit the morne: after the reiding of the generall heids therof, the haill brether was requyrit to advise with themselves if they sand any vther heids necessar to be disputit then these, and to signifie the same to the Assemblie the morne.

Sessio 3^a.

Johne Brand returneit my Lord Regents Graces ansuer, That in respect of sundrie importunat bussines he could not have the Counsell so soone conveinit, he could not satisfie the petition of the Kirk, desyrand that the brether that were send to him befor, sould come downe and speak with his Grace; and because the Kirk is labourand in the Policie, pray and them to gang forwart earnestlie and put the same to end. The Kirk ordainit Mrs James Lowsone and Johne Row to passe to his Grace the morne according to his desyre.

Mr Patrick Adamsone, in my Lord Regents Graces name, exhibite to the Assemblie a letter direct from the Queins Majestie of Ingland to his Grace, making informatioun of a certaine Counsell to have bein haldin at Magdeburg for establishing of the Augustane Confessioun, with ane letter wrytin from the Cassimire to her Majestie of that same argument, desyreand the Assemblie to advyse if they thoght meitt that any of the learned Ministers of this natioun sall repare thither, and quhom they will name and find good to this effect: To the quhilk desyre the Kirk continewit to give ansuer to the 28 day of this instant.

The residue of this day beand consumed in examination of the travells takin vpon the Policie, as it is notit thervpon, to the nixt Session, the Kirk ordainis it to be proceidit farther therin.

Sessio 5^a.

[Concerning the motion made be Mr Patrick Adamson, in my Lord Regents Graces name, touching the resolution of the Assembly if they thought needfull, That some of the brethren be directed to the Counsell which is to be held at Magdeburg, and whom they thought meet to be nominat thereto: C.] The Assemblie present in one mynd resolvit and adjudgeit it very necessar, that some of the Kirk sould be direct to the Counsell to be haldin at Magdeburg, and hes nominat any twa of the brethren following as salbe thoght most meit be my Lord Regents Grace, viz. Mrs Andro Melvill, Patrick Adamsone, David Cunighame, George Hay, David Lindesay, William Christesone, Alexander Arbuthnet and Robert Pont; whose names the Kirk ordaines to be presentit to his Grace be Mr Craig, and to report his ansuer againe.

Compeirit Johne Anderson in linnen cloathes, in presence of the haill Assemblie; and being prostrat on his knies, confessit he had offendit Mr Robert Boyd, Minister, in drawing of his blood, quherof he repentit with his heart, and asked God and his Kirk forgivenes, promising, be the grace of God, not to fall in the lyke wickednes in tyme comeing.

Sessio 6^a.

This Sessioun being haillilie imployit in reasoning vpon the heids of the [Policie and] Jurisdictioun of the Kirk, the same argument was ordained to be [prosecut and] followed out the morne, so farre as tyme may serve thervnto.

Sessio 7^a.

Concerning the number of the brethren givin in to his Grace, [who are to be directed to the Council which is to be halden at Magdeburg, Mr Patrick Adamson reported my Lord Regents ansuer, That] it lyked him weill that the Kirk had givin him choise out of so reasonable a number, and that, in his opinion, Mrs Andro Melvill, George Hay and Alexander Arbuthnet were meitest for the purpose; alwayes desyred the advyce and judgement of the Assemblie heirin, that after he may take resolutioun with his Counsell: The Kirk willit the said Mr Patrick Adamsone with Mr Johne Craig and William Christesone, to travell with his Grace to know farther his Graces mynd in this behalfe; and sicklyke to desyre his Grace to appoint the modifiers to conveine to the ordouring of the rolls of the Ministers, and to report his Graces ansuer againe to the Assemblie.

[For answering of the complaints and questions to be given in to this Assembly: The Assembly hath appointed their bretheren, John Duncanson, William Christison, John Braid, Mr James Carmichael, to conveen at extraordinar hours to that effect; and als to visit the process of Kelso, and to report their judgement to the Assembly. C.]

Sessio 8^a.

The persons directit to his Grace [to know farther of my Lord Regents Grace his mind concerning the persons directed to the Council which is to be holden at Magdeburg; and the ordering of the rolls,] reportit, That he lykit weill Mrs Andro Melvill and George Hay to be directit to the said Counsell; alwayes he wald know the advyce of the Coun sell therin, quherof he wald make them to be informed: And, con cerning the rolls of Ministers, had appointit the Abbot of Dumfermling, George Auchinleck, Mr Nicoll Elphinstoun, and James Nicollsone to take ordour therwith.

Sessio 9^a.

Thomas Myrtone, feear of Cambo, and Mr Thomas Ramsay, gave in ane bill of accusation against Mr Thomas Kynneir, Minister of Craill, conteinand sundrie heids of slander layand against him, as, namely, suspitions of adulterie with Agnes Guidland, spous to Sir Johne Browne, drunkennes, tuilȝesomenes, selling of the sacraments: The said Mr Thomas beand present denyit the haill poynts therof; and the saids bill beand referrit to the accusers productioun for proving therof, they produceit David Fermour, David Monypennie, Mr James Haliburtoun, Provest of Dundie, Johne Herreis and Mr Thomas Fermour, quho being admittit, and nothing opponit against them be the said Mr Thomas, were ordainit to be examined be William Christesone and Johne Durie, and thair depositions to be presentit againe to the Assemblie, to be considderit quhat they may import.

Sessio 10^a.

The depositioun of the witnes being examinat in the said cause being reportit at afternoone, the Assemblie continewit the pronouncing of thair sentence in the matter to the morne, and warnit both the parties therto.

Mr Androw Polwart was decernit to be frie and at libertie fra the kirk at Paislay, that he may serve vther quher it pleases God to call him; because of the contempt of the discipline, thair manifest vyces, minacing and boasting of him in doing his duetie, his labours cannot be profitable to them; besydes some privat causes quhilk were considderit be Mrs Andro Hay, Alexander Arbuthnot, George Hay, and Andro Melvill, and they reportit thair judgement, quhervpon the decreit past.

Sessio 11^a.

Anent the greivous accusation laid agains Mr Thomas Kynneir be the Laird of Cambo and Mr Thomas Ramsay, concerning his slanderous and vngodlie lyfe: The haill Assemblie, after publick reiding of the witnesses and probatioun deduceit in the matter, and dew consideratioun therof, and after takeing oath of the accusers that they accuse neither for malice nor choler, but for conscience cause, knawand the accusatiouns they charge him with to be trew, Decernes, all in ane voyce, the said Mr Thomas to be depryvit, lykeas they depryve him of the Ministrie in all tyme comeing; debarreing him from the participation of the holie Supper of the Lord, ay and quhill his repentance be testified to the Generall Assemblie be the Visitor of the Countrey quher he remaines, and humble supplicatioun be made be the said Mr Thomas to the haill Assemblie, to be admittit therto, and receive thair ansuer to that effect: And that this sentence be intimat in the Kirk of Craill in the pulpit therof be the Commissioner of the Countrey.

Sessio 12^a.

[Anent the determination of the Assembly concerning James Blackwood, Reader at Sauling, for marrying of the Commendator of Dumfermline and his wife, being resident without his parish, without testimonials of the Minister of the parish where they make residence: The Assembly decerns the act made against such persons, the 27 day of December 1565, to be execut against him, to incurre the pains thereof, viz. deprivation of his office, tinsell of his stipend, and other pains, as the Generall Assembly shall thereafter think meet to be injoyned. C.]

Sessio 13^a.

Forsameikle as the heids of the Policie and Jurisdictioun of the Kirk beand haillilie red in the audience of the haill Assemblie, and thoght good [and expedient,] that the samein sould be presentit to my Lord Regents Grace, as was aggreeit be reasoning amongst the brethren, saifand the head, de Diaconatu, quhilk is ordained to be givin in with a note, That the same is aggreeit be the most part of the Assemblie, without prejudice of farther reasoning: To the effect the saids heids may be put in mundo, disposit and sett in good ordour, according to the mynd of the Assemblie, the Assemblie hes willit Mrs James Lowsone, Robert Pont, David Lindesay, and the Clark of the Assemblie, to travell with diligence therin: And the same beand put in mundo be them, according to the originall, to be sein and revisit be Johne Duncansone, David Fergusone, the Laird of Dunne, if he be present, Mr James Carmichaell and Johne Brand; and beand found be them according to the originall, to be presentit be the saids Mrs James Lowsone, Robert Pont and David Lindesay, together with ane supplicatioun pennit and delyverit to them be the Kirk, to my Lord Regents Grace: and in cace conference and reasoning be socht be his Grace vpon the saids heids presentit to his Grace, the Assemblie hes ordainit Mrs Patrick Adamsone, the Laird of Dunne, Johne Craig, Johne Row, Alexander Arbuthnet, Andro Melvill, James Lowsone, Robert Pont, David Lindsay, Andro Hay, George Hay, and Johne Duncansone, to concurre and awaite vpon the said Conference as they salbe advertised be his Grace.