Part 17
The Kirk giues commission to the Laird of Dun to summond Mr James Fotheringhame before him, and to take tryall of the haynous sclander of adulterie betwixt him and Margaret Lyndsay, and of ane pretendit marriage alleadgit solemnizat and compleit betwixt them, and to report his proceedings hereintill to the next Generall Assemblie; with power also to him, to chairge the said Mr James and Margaret Lyndsay, to separate themselfis from uthers, qwhill tryall be takin of the said sclander, under the paine of excommunicatione; and giue they disobey, to excommunicate them: and, in the meantyme, in respect of the contempt of the Kirk, in not making his purgatione of the said sclander before the said Superintendant, being thereto summoned, the Assembly present suspends him from all sunshine and office within the Kirk.
Sessio 3.
Anent the propositione of certaine brethren of the Assemblie, declareand that the Regent’s Grace hes presentit Mr Patrick Adamsone to the Bishopric of St Androis; and that be ordinance of the Assembly, Bischops sould be tryit before them, or they be admittit to the chaptor, Requyrand baith the counsell and advyse of the Kirk herein: The said Mr Patrick answerit, that my Lord Regent’s Grace had discharged him to proceed farther in this matter, in respect the said act and ordinance of the Kirk is not accordit on; and therefore he wald not medle further and make instance therein; qwhilk answer the Kirk thocht sould be gine to my Lord Regent’s Grace be the chapter.
Sessio 4.
Mr Patrick Adamsone, John Row, and David Lyndsay, desyrit provisione to be made for the visitors of countries, according to the division and order takin in the Assembly, &c.
His Grace answerit concerning the visitors, that he would be advysit with the rowes and the Collector, &c.
Alexander Hay, clarke to the Secret Councill, presented to the Assembly certaine questiones, qwhairof he craveit decesioune for the better expeditioune of the platt; declaring it to be my Lord Regent’s Grace will, at the least so many as may now have resolutione.
It is thocht meit that the haill readers within this realme sall be examinit and try it _de novo_ in their Synodall Assemblies; and if, after examinatione, they be fund to want the qualities prescryvit in the Booke of Discipline, to be deposit, and removit from their offices: And sicklyke, that no reader within this realme minister the holy sacrament of the Lord, except such as hes the word of exhortatione.
Sessio 6.
It is thocht meit that in every parochine there be persones to make sepulchres, quha sall notifie the names of the persones deceased to the readers, that they may present the same to the commissioner to be reportit to the Generall Assemblie.
Forswameikle as the Kirk and Commissioners present, advysidly considering the greit prejudice and hurt done to the Kirk of God be benificed persones within the ministrie, that setts taks and feus of their benefices and ecclesiasticall livings, lands, rents, tynds, and fruits of the samen, defraudand not only their successors of that qwhilk justly sould pertayne to them, and quhairupone they ought to be sustainit; but also bringand upon the Kirk be their inordinat and corrupt dealing, infinite sclanders and inconvenients: Therefore, with uniformitie of votes and mynds, they have resolvit and concludit, that no beneficit persone within the ministrie, Bischops, or uthers, sall sett fewes or tacks of their benefices, or ecclesiasticall livings, lands, rents, teinds, and fruits of the samine, or any part thereof, to whatsumever persone or persones, without the advyce and consent of the Generall Assemblie of the Kirk; and sicklyke, that no minister subscryve nor give their consent to the said fewes or tacks, in any wayes, qwhill he sie the consent of the Assemblie.
For better resolutione of the questiones gine in be Alexander Hay, clerk of the Secret Councill, and expeditione of the matter of the policie, the Kirk present hes ordaynit Mr John Craig, William Chrystisone, George Hay, David Cunninghame, John Row, James Greige, James Lawsone, David Lyndsay, Robert Pont, David Fargusone, Robert Hammiltone, John Robertsone, John Erskine of Dunne, ane of the visitors of Angus and Mearnes, if he beis present, to conveine the next day after the dissolutione of this Assembly, and visite and consider the heids of the policie, advyse and consult diligently thereupon, and upon the saids questiones, and to report their judgements thereanent, conceivit formerly in wreit, to the next Assembly.
Anent the summonding of the Moderator, and Mr Andrew Hay, Commissioners of Clyddisdaill, to compear before my Lord Regent’s Grace and the Privie Councill, bringand with them the act of ordinance, made be the Assembly for excommunicatione of the Captaine of Crawfurd, with the act qwhairupon the same proceedit, that the verity might be knawne; The Kirk ordaynes their brethren to appear before my Lord Regent’s Grace and Councill, and give obedience, and to report what beis done in that matter.
Returnand to the Assembly fra his Grace and Councill, they declarit, that in respect they producit not the acts and ordinances forsaids, qwhilks they excused be schortness of the charge and occupation of the clark, His Grace and Councill lies suspendit the said sentence of excommunicatione qwhill the productione of the saids acts; Qwhairfore they protestit for the liberty of the Kirk.
The Assembly refuses to give libertie to the Bailzie of Dunfermling to play upon the Sonday afternoone, ane certaine play qwhilk is not made upon the canonicall parts of the Scripture, in respect of the act past in the contrair.
Sessio 7^a.
The Assembly ordaynes Mr Robert Hamiltone to remaine still with the ministrie of St Androis, and to leave the Provestrie of the New Colledge as ane impediment and hinderance to his calling of the ministrie, under the paine of the censures of the Kirk. Mr William, Commissioner of St Androis, in name of the New Colledge and electors of the said Mr Robert to the said Provestrie, dissentit from this sentence: qwhairunto the said Mr Robert adherit, in respect, as he alleadgit, the Kirk could not discharge him of the Provestrie, and that he could not bear the burden of the haill Kirk of St Androis in his owne persone.
Anent the Article teachit and professit be Mr Thomas Hepburne, That never saull went to heaven before the latter day; The Kirk, after publickly reading of the said Article, of ane mynde and ane voyce, but exceptione, altogether damnit and detestit the said Article, and adjudg it to be hereticall, false, and erroneous, contrarious to the plaine and evident word of God, reveiled in his sacred Scriptures; and, therefore, inhibits all and whatsumevir persones, publickly or privately, to maintaine the said error, under the paine of the censures of the Kirk; levand alwayes the said Mr Thomas to privie conference with sic brether of the ministrie as he thinks good for his resolutione in the said matter: and alwayes for consideratione movand the Kirke presentlie, discharges the said Mr Thomas from entering in the ministrie, qwhill the Kirk be farder advysit.
Anent the propositione of the brether of the Chapter of St Androis, Declarand that my Lord Regent’s Grace hes presentit Mr Patrick Adamsone to the Bishoprick of St Androis, and they beand of the Chapter, in respect of the act and ordinance of the Generall Assemblie, delayed their proceiding therein, desyrand the Assembly present to proceed to the tryall of him, conforme to the said Act of Generall Assemblie: The said Mr Patrick Adamsone being present, and requyrit be the Assembly if he wald submit himselfe to the tryall and examinatione of the Assemblie, and receave the office of a Bischope according to the injunctiones of the Kirk? He answered, he could not doe the same.
Salt-pannes, mylnes, and uther labouring, qwhilk drawes away innumerable people from hearing the word of God, sould not be permittit, and the violators to be debarrit from the benefites of the Kirk, qwhill they make their repentance, and the continuers therein to be excommunicat.
The Kirk will not presently resolve the questione, If a man or ane woman divorcit for adulterie, aucht to be admittit to the second marriage; But inhibites all ministers and readers to marrie sic persones, under the paine of deprivatione _simpliciter_, without any restitution in tymes cuming; and the persones so joynit, to be chargit to separat themselves, conforme to the Act of the Assemblie in Angus 1574.
Ane man that commits both adulterie and incest, sould be dowbly punisched.
Ane minister or reader that tapis ale, beir, or wyne, and keeps ane open taverne, sould be exortit be the Commissioners to keep decorum.
Qwhither if burrialls sould be in the Kirk or not? Answer, not; and that the contraveeners be suspendit from the benefites of the Kirk, qwill they make publick repentance.
Relapse in adultrie dowbly punischit.
Sessio 8.
Anent requisitione of the Assembly made to James, Bischop of Glasgow, to give his answer if he will accept the charge of ane particular flock and visitatione of sic bounds as the Kirk shall think good to appoint to him, conforme to the acts concludit in the Assemblie. The said Bischop beand present, exhibite to the Kirk his answer thereto in wreit as follows:
Forswameikle as it is not unknawne to your wisdomes that ye gaue Commissioune and charge to certaine learnit, godly, and discreet brether of the ministrie and uthers, elders of the Kirk, to commone, treate, conclude, and agrie, with certaine uther noblemen, Commissioners from the King’s Majestie, John umquill Earle of Marr, his Regent; att the qwhilk conference it was agriet be the haill Commissioners, alswell of the King as of the Kirk, anent the name, style, and jurisdiction of the Bischopes, with the forme and manner of their institution, ordaynit to stand and remayne qwhill the King’s yeares of minoritie, or at leist qwhill ane parliament sould utherwayes decyde, and conforme to the order thairin contanit, he was received in the said Bischoprick of Glasgow, and made his sermone to the King’s Majestie in things pertayning his highness; and swa giue he sould change or alter any thing pertayning to the order, manner, or priviledges, or power of the samen, I sould be afrayed to incurr perjurie, and might be callit be the King’s Majestie for changing any member of his estate. But to the effect their wisdomes may knaw he desyres not to be exemit to travell, and bestowing sic gifts as God hes committit to him, he is content, at their command, to haunt to ane particular kirk, and teach thereat when he dwells in the sheriffdome of Aire, and that be discretione and sicht of the brethren of that countrie; and, when he is in Glasgow, to exercise lykewayes at some part where the brethren there thinks maist necessarie, and to abyde their judgement of his diligence in that behalfe, without binding him any wayes or prejudgeing the power of jurisdictione qwhilk he receavit with the Bischoprick, unto the tyme prescryvit in the conferrence that farder order be tane be the haill estates thereuntill; at the qwhilk tyme he shall be content with all reformatione as shall be fund expedient: Qwhilk answer beand read, the Kirk continuet and continues the said Bischope in the visitatione of the bounds qwhilks he had of before, to the nixt Assemblie, and as to the particular flock, as is mentionat in his answer, to the nixt Generall Assembly.
Anent the forme of repentance of the fornicators, the Kirk and Commissioners present hes votit and concludit, that ane of the dayes of their appearance to make repentance for their offence on ane Sonday at ten houres before noon, in tyme of preaching, in presence of the congregatione, and that double fornicators receive double punischment for their offence.
[THIRTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assembly, conveinit att Edinburgh, in the Counsell House, the first of October[16] 1577, qwhair war present the Bischopes of Glasgow and Dumblaine, Superintendants, Commissioners of Countries, Kirkes, and Universities, Ministers, and uthers: Mr Alexander Arbuthnet, Principal of the Colledge of Aberdeen, Moderator.
Sessio 1.
Because the said Mr Alexander, Moderator, was absent from the last Assemblie, in that respect not foirseen of the things done therein, at his desyre, the Kirk appoyntit the Laird of Dun, Mrs James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, John Craig, Andrew Melvill, to conveine the morne with him at sevine houres in the morneing, and advyse upon sic matters as sall be thocht good to be handlit in this Assemblie. The principall argument to be intreatit in this Assemblie is this, The Policie of the Kirk. The brethren deput to the conceiving and forming of the heids thereof, being callit to give ane account of their diligence, presentit the same as they had made partitione thereof at their Assemblie at Streviling.
The heids pennit be Mrs James Lawsone and John Row were read, and nothing again said, except ane of the said Mr Johnes articles referrit to further disputatione; all men being requirit, that had gude reasone or argument to propone in the contrarie, to alleadge the same; or, if he wald not publicklie reasone upon the said heid, to resort to the saids Commissioners, where travell sould be taken to satisfie them, leivand to them to make argument as they think guide against the same.
The Laird of Dunn thocht the heid gine to him obscure. The Kirk desyrit him to conferr with the remanent Commissioners the morne at seven houres, that he may be resolvit of the meining thereof. The remnant heids beand prolixt, were thocht good to be contracted in short propositiones to be presentit to publick reiding.
Sessio 2.
The heid committit to Mr Andrew Hay read in face of the Assembly. Nothing was opponit against the same, except the article anent the suspensione of Ministers, referrit to farther reasoning.
David Fargusone his part read: The 18th article was referrit, and nothing spoken against the rest.
The pairts committit to Mr Andrew Hay, Robert Pont, David Lindsay: nothing alleadgit in the contrare.
The heids remittit to Mr Johne Craige: some things were desyrit to be contractit, and uthers referrit to farther reasoning.
The haill labours of the brethren tane upon the matter and argument of the policie beand haillelie read in publick audience of the Kirk, It was thocht expedient that their haill travells and wark in this matter, being now dispersit, sould be revysit and pervysit be some brethren, digestit and disposit in convenient order, to be thereafter presentit to the Assemblie; and for that effect, the Kirk appoynts their brethren Mrs James Lawsone, Andrew Melvill, Johne Craig, and George Hay, to convene together, appoint the houres and place thereto, and to remaine thereat whill the matter be brought to an end; and in the meane tyme, if it please any man to reasone with them in the matter, to have access thereto.
Sessio 4.
Anent the accusation laid against Mr Patrick Adamsone, callit Bischope of St Androis, that he had enterit in the said Bishoprick againes the Acts of the Generall Assembly, and usurpit the office of Visitatione within the bounds of Fyfe, unauthorised be the Commissione, or power of the Kirk, and left his ordinar office of ministrie, The Generall Kirk, in respect of his absence to answer hereto, Gives their full power and Commissione to Mr Robert Pont, James Lawsone, David Fargusone, and Superintendant of Lawthiane, conjunctlie; and, in caise of the said Superintendant’s inabilitie, to Mr David Lyndsay, or John Brand, to direct out summonds against the said Mr Patrick, summonding him before them at sic day or dayes as they shall thinke good, within the towne of Edinburgh, to try and examine his entrie, and proceeding to the said Bishoprick, usurpation of the said office of Visitation, and deserting his said office of ministrie qwhilk he had of before; with power to them to summond the Chaptor of St Androis, or so many of them as shall seem to them expedient, if need require, and the ordinarers or inaugurers of the said Mr Patrick, as they shall think good, for the better tryall of the premisses: And what herein they finde be proces of excommunication, to report againe to the next Generall Assembly; and, in the mean tyme, in the name of the Kirk, to discharge him of farther visitation of the saids bounds qwhill he be admittit be the Kirk.
Sessio 5.
The Kirk fand, that James Blackwood, because he brookit twa benefices, the personage of Sanquhair and viccarage of Saline, should demitt the ane of the saids benefices.
Sessio 6.
It was thocht expedient be the Kirk, that certaine of the brether be direct to the Regent’s Grace to informe him that the Kirk is travelling in the matter and agreement of the policie, and what beis farther proceidit theirin, his Grace shall receive advertisement, before the end of the Assemblie. In this meane tyme, sundrie inconvenients may fall out before the same be perfytit, qwhilks it wald please his Grace to consider ane remeid; and for this effect was dispatchit from this Assembly, Mrs David Lyndsay, and John Duncansone, who returnit and reportit, his Grace lyked well of their travells and laboures tane in that matter, requireing expeditione and hastie outtred thereof: As for the particulars they informe wald be occurred, let them be gine, they shall have good answer.
Sessio 8.
The particulares of sic things as are desyret to be ordainit by my Lord Regent’s Grace before the wark of the policie cam out, being conceivit in a few articles, quhilk after shall appear, were delyvrit to the Kirk be thair brether Mrs David Lyndsay, Andrew Polwart, and John Duncansone, to be proponit to his Grace to that effect, to await afternoone for his Grace answer; qwho returning, reportit his Grace answer to us, That if the articles might be resolvit be himselfe without the councill, they should receive his answer the morne, in the morning, wtherwayes the Councill should be convenit the morne afternoone, and thereafter answer should be gine to sik as the Kirk direct to receive the same; for the quhilk effect, the Kirk direct Mr John Craige and David Lyndsay.
The tenor of the Articles above specifeit.
1. First, that provisione may be had for the visitors of the countrie.
2. That order may be taken that persones depryvit be the Kirk for not doing their offices, may be depryvit of their benefices.
3. That his Grace will take order with such as receives benefices and thereafter cowps them.
4. That when benefices vaiks, they may be disponit rather to sic as hes servit at the Kirks thereof, than to uthers not so well qualified.
5. That the Acts of Parliament made against adulterers may be put to executione, namely, against William Cochrane, notorious adulterer.
6. That his Grace would discharge playes of Robine Hoode, King of May, and sic uthers, on the Sabbath day.
7. Because there is diverse readers not enterit in the Booke of Assignation, pairtly by inlaike of Commissioners, and pairtly be their negligence, that order may be provydit therefore.
The Proces persewit be the Laird of Tullyallane, against John Dykes, minister of Culross, was sichtit be some brether, and the heid of the bill was not found provine. The debait was finallie endit be the travells and persuasiones of the brether appoyntit thereto.
Sessio 9.
Anent the complaint made be David Fargusone, upon Mr James M‘Gill, Clark of Register, to the young Laird of Rossythe, that against the acts of the Kirk they causet burye the umquhill Laird of Rossythe in the Kirk of Dumfermling, albeit the said David made them foirseen of the said act; The Kirk ordaynit John Durie to warne the Clark Register to answer heirto, the first day of May next to come.
Ordayns the brethrene to wait on my Lord Regent’s Grace answer, to make sute for Mr John Davidson’s libertie to come in the countrie, for his favour, when he likes to come.
The brethrene appoyntit to collect the heids of Policie presentit of before, reportit the same collectit in order, and digestit in an body; and all men requyrit that had good reasone to argument, to propone, to offer them thereto.
Thrie heids were callit in doubt; ane _de Diaconatu_, ane uther _de Jure Patronatus_, the third _de Divortiis_, wherein they were not resolvit nor satisfiet. As to the rest, nothing was thocht in the contrair, nor proponit.
Thir thrie heids standing in contraversie, and disput _in utramque partem_, yet farther disputation was reservit till the morne, to any man that likit to take the pairt of reasoning upon him against the saids heids.
The Commissioners appoyntit to await upon my Lord Regent’s Grace’s answer, report, because they had no commission in wreit, his Grace gave no answer to them.
The Clark Register beand present, declareit that the Proveist and Baillies of Dumfermling agriet to burie the said Laird of Rossythe in the Kirk; that he was not the causer thereof, submittand himselfe allwayes to the judgement of the Kirk, if any offence be found done by him.
The Generall Assemblie of the Kirk of this Realme, considering the grit abundance of iniquitie overflowing universallie the haill face of this commoneweill, now in so great licht and revelation of the trew and Christiane religione, justly provocking and steiring up the justice and equitie of God to take judgement and vengeance on this unworthie nation; Seeing also the many and perilous strifes and raiges of persecutione daily invading the Kirk and Spouse of Jesus Christ, the sound and extreame troubles of the trew and zealous members thereof in the parts of France and elsewhere, professing with them ane Saviour, Lord, and Messias, the wark also of establishing a perfyte order and policie in the Kirk being presently in hands, hes thocht it good, for the same reasones and good causes, that earnest and speedy recourse shall be had to God, with commone supplicationes and prayers; And to that effect ane generall fast be observed universallie, throughout all the kirks of the realme, with doctrine and instruction to the people, to begine the secund Sonday of July nixt to come, qwhilk is the ninth day thereof, and to continue to the nixt Sonday thereafter, wsing, in the meanetyme, exercise of doctrine according to the accustomit order; and to that effect, that intimation be made by the Commissioners of Countries to the ministers within their bounds, as appertaines. Gine in the Generall Assembly.
Because the matter of the policie of the Kirk collectit be the brethren, is not yet in sic perfect forme as is requisite, and syndrie things largely intreatit, qwhilk will be mair summarly handlit; uthers requireing further dilatioune for the re-collecting thereof, and putting the same in good order and forme, and for avoiding superfluitie and obscuritie, the substantialls beand keepit; The Kirk presently hes willit their belovit brethren, Mr Robert Pont and James Lawsone, to take travells and laboures in the premisses; and to the effect the wark may the better be compleitit and in readiness against the next Generall Assemblie, qwhilk is ordaynit to begin at Edinburgh the 25th of October nixt to come, the Kirk hes ordaynit their brethren, the Laird of Dunn, Mrs Alexander Arbuthnot, Andrew Melvell, John Craig, Andrew Hay, George Hay, John Row, David Lyndsay, John Duncansone, to conveine and assemble together, the nyneteine day of October nixt in Edinburgh, to revise and consider the travells of the said brether, that the samine may be the mair advysedly proponit publickly, as said is: In this meane tyme, sic as pleases to reason in the matter to have access to the saids brether; and lykewayes ordainit the Visitors of Countries to make intimatione to the Barrones, that the said wark is in hand, and to be treattit in the nixt Generall Assembly; desyrand their presence and concurrance thereto.
[THIRTY-SIXTH GENERAL ASSEMBLY.]