Part 18

The Generall Assembly of the Kirk, conveint att Edinburgh, in the Laigh Tolbooth thereof, the 25th of October 1577, where there was present the Commissioners of Countries, Provinces, Townes, and Universities, with the Ministers: Mr David Lyndsay, Moderator.

Sessio.

Because of great confusione heirtofore in Assemblies qwhilk fell out be casting in of purposes unfoirseene afoire, and be the multitude of proponers thereof; It was thocht meet, dureing this Assembly, that certaine brethren sould conferr with the Moderator upon matters to be intreatit on at this conventione, viz. Mrs John Row, Alexander Arbuthnot, Andrew Melvill, William Christison, James Lawsone, Robert Pont, Andrew Hay, John Duncansone; and sic lyke it is thocht good that the acts made in the Assemblie be considerit be the saids brethren, joynit to the Moderator, and thereafter read in open Assemblie.

The Kirk thocht meet that my Lord Regent’s Grace should be desyrit to be in this Assemblie in proper persone, or be Commissioners; and to that effect war direct Mrs John Row and James Lawsone, qwha immediatlie returnit, with answer that his Grace had no leisure to talk with them for occupation.

The haill Assemblie ordaynit Mrs John Craig and John Brand to gang to his Grace for the same effect, and to report his answer the morn at nyne hours, qwhilk was, that he was so occupied in earnest effairs of the Councill, that he had no leasure to confer with them. The Kirk hes thocht it meet that the said brethrene pass againe to him, and require his personall presence in this Assemblie, or Commissioners authorized with his commissione.

Because the matter of the policie and jurisdictione of the Kirk committit to the recollecting, forming, and dispositione of certaine brethren being now present, be them was thocht expedient to be proponit and intreatit the morne; efter the reading of the generall heids thereof, the haill brether was requyrit to advyse with themselves gif they fand any uther heids necessary to be disputit then this, and to signifie the same to the Assemblie the morne.

Sessio 3.

Johne Brand returnit my Lord Regent’s answer, that in respect of sundry important businesses, and that he could not leave the Councill sa soone conveint, he could not satisfie the petitione of the Kirk, desyring that the brethren qwhilk war send down to him before, sould come downe and speik with his Grace; and because the Kirk is labourand in the policie, prayand them earnestly to gang fordwart and put the same to end, The Kirk wills Mrs James Lawsone and John Row to pass to his Grace the morne, according to his desyre.

Mr Patrick Adamsone, in my Lord Regent’s Grace name, exhibits in the Assembly ane Letter direct from the Queen Majestie of England to his Grace, making informatione of a certain Councill to have been halden at Magdeburgh for establishing of the Augustane Confession, with ane Letter written from the Cassumire to her Majestie of that same argument, desyrand the Assemblie to advyse if they thocht meit that any of the learned ministers of this natione sould repaire thither, and whom they will name and find good to this effect: To the qwhilk desyre the Kirk continuit to giue answer to the 28. day of this instant.

Sessio 5.

The Assembly present in ane mynde resolvit and adjudgit it to be very necessarie, that some of the Kirk sould be direct to the Councill to be halden at Magdeburgh, and hes nominat any twa of the brethren following that shall be thocht most meet be my Lord Regent’s Grace, viz. Mr Andrew Melvill, Patrick Adamsone, David Cuninghame, George Hay, David Lyndsay, William Chrystisone, Alexander Arbuthnott, and Robert Pont; qwhais names the Kirk ordaynes to be presentit to his Grace be Mr Craig, and to report his answer againe.

Compeirit John Andersone in linnen cloathes, in presence of the haill Assemblie; and beand prostrate upon his knees, confessit he had offendit Mr Robert Boyde, minister, in drawing of his blood, whereof he repentit with his heart, and askit God and his Kirk forgiveness--promiseing, be the grace of God, not to fall in the lyke wickedness in tyme cuming.

Sessio 6.

This Session being hallilie imployit in reasoning the heids of the jurisdictione of the Kirk, the same argument was ordaynitt to be followit out the morne, so far as tyme may serve thereunto.

Sessio 7.

Concerning the number of the brethren gine in to his Grace, it lyked him well that the Kirk had gine him choise out of so reasonable ane number, and that, in his opinione, Mr Andrew Melvill, George Hay, and Alexander Arbuthnott, were meitest for the purpose; allwayes desyres the advyce and judgement of the Kirk heirto, that after, he may take resolutione with his Councill.

The Kirk willed the said Mr Patrick Adamsone, with Mr Johne Craig and William Chrystisone, to travell with his Grace, to knaw further his Grace’s mynde in this behalfe, and sicklyke to desyre his Grace for to appoynt the modifiers to conveine to the ordering of the rolles of the ministers, and to report his Grace’s answer to the Assemblie.

Sessio 8.

The persones directit to his Grace reportit, that he lykit well Mr Androw Melvill and Mr George Hay to be direct to the said Councill, alwayes he wold knaw the advyse of the Councill therein, qwhairof he wold make them to be informed: And, concerning the rolls of ministers, had appoyntit the Abbot of Dumfermling, George Auchinleck, Mr Nicoll Elphingstoune, and Thomas Nicolsone, to take order therewith.

Sessio 9.

Thomas Mortoune, ffiar of Cambo, and Mr Thomas Ramsay, gave in ane bill of accusatione against Mr Thomas Kynneir, minister of Craill, contaynand sundrie heids of sclander against him, as, namely, suspicions of adulterie with Agnes Guidland, spouse to Sir John Barone, drunkenness, tulziesumness, selling of the sacraments. The said Mr Thomas being present, denyit the haill points thereof; and the said bill being referrit to the accusers’ probatione, for proveing thereof they produced David Fermor, David Monypennie, Mr James Hallyburtone, provest of Dundie, John Herries, and Mr Thomas Fermour, qwha being admittit, and nothing opponit against them, the said Mr Thomas was ordaynit to be examinat be William Chrystisone and John Durie, and their depositiones to be presentit againe to the Assembly, to be considerit what they import.

Sessio 10.

The depositiones of the witnesses examinat in the said cause being reportit at afternoone, the Assemblie continueit the pronouncing of the sentence in the matter till the morne, and warnit baith the pairties thereto.

Mr Andrew Polwart was decerned to be frie and at libertie fra the kirk of Paslay, that he may serve uther where it pleased God to call him; because of the contempt of the discipline, their manifest vices, minacing and boasting of him in doeing his dewtie, his labours cannot be profitable to them, besydes some privat causes qwhilks were considerit be Mrs Alexander Hay, Alexander Arbuthnot, George Hay, and Andrew Melvill, and they reportit their judgement; qwhairupon decreit past.

Sessio 11.

Anent the grievous accusatione layd against Mr Thomas Kynneir be the Laird of Cambo, and Mr Thomas Ramsay, concernyng his sclanderous and ungodly life, the haill Assembly, after publick reiding of the witnesses and probatione deducit in the matter, and dew consideration thairof, and after taking aith of the accusers that they accusit naither of malice nor choler, but for conscience cause, knawand the accusatione qwherwith they accuse him to be trew, Decerns, all in ane voyce, the said Mr Thomas to be depryvit, lykeas they deprive him of the ministrie in all tyme cuming; debarring him also from the participatione of the holy supper of the Lord, ay and whill his repentance be testifyit to the Generall Assemblie be the visitor of the countrie where he remaynes, and humble supplicatione to be made be the said Mr Thomas to the haill Assemblie, to be admittit thereto, and their answer to that effect: That this sentence be intimat in the Kirk of Carraill in the pulpit thairof be the commissioner of the countrie.

Sessio 13.

The heads of the Policie and Jurisdictione of the Kirk beand halilie read in the audience of the haill Assemblie, and thocht good that the same sould be presentit to my Lord Regent’s Grace, as agried be reasoning amang the brethren, savand the head _de Diaconatu_, qwhilk is ordaynit to be gine in with a nott, that the same is agriet be the maist part of the Assembly, without prejudice of farther reasoning, to the effect the saids heids may be put _in mundo_, disposit, and set in good order, according to the mynd of the Assemblie; The Assembly hes willit Mrs James Lawsone, Robert Pont, David Lyndsay, and the Clerk of the Assemblie, to travell with diligence therein: And the same being put _in mundo_, that according to the originall, to be seen and revysit be John Duncansone, David Fargysone, the Laird of Dun if he be present, Mr James Carmichael, and John Brand, and being found be them according to the said originall, to be presentit be the saids Mrs James Lawsone, Robert Pont, and David Lyndsay, together with the supplicatione pennit and delyverit to them, be the Clerk, unto my Lord Regent’s Grace; and in caise conferrence and reasonyng be socht be his Grace upon the saids heads presentit to his Grace, The Assembly hes appoyntit Mrs Patrick Adamsone, the Laird of Dun, John Craig, John Row, Alexander Arbuthnott, Andrew Melvill, James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, George Hay, and Johne Duncansone, to concurr and await upon the said conference as they shall be advertised be his Grace.

[THIRTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint att Edinburgh the 24th day of Aprile, in the Magdalen Chapell, 1578, quhair thair was present Commissioners of Countries, Kirks, Townes, and Universities, with Ministers: Mr Androw Melvill, Moderator.

Sessio.

Att the Moderator’s instance, the Assembly appointit Mrs John Row, Robert Pont, James Lawsone, and David Lyndsay, to concurr and conferr with him at extraordinar houris, to advyse upon sic matters as shall be thocht best to be proponit to the Assemblie.

Sessio 2.

It was thocht good be the Assemblie, that Mrs Andrew Hay, John Craig, and John Duncansone, sould be direct to the King’s heines Counsell, requyrand the Councill to direct some of the same as Commissioners from his heines to assist the Assemblie with their presence and councill, who returnit their answer, that be reason of urgent affaires they could not be present this day; but the morne there should be twa deput to be direct to the Kirk.

Sessio 3.

That Bischops and all uthers beirand ecclesiasticall functions be callit be their awne names, or brethren, in tyme cumeing.

Anent the ordinance made in the last Assembly concernyng the presenting of the Booke of Policie of the Kirk to my Lord Regent’s Grace; The brethren havand commissione thereto declarit that they had presentit the same to him with the supplicatione appoyntit, and ane day being appoyntit to conferrence, the alteration of the authoritie hes intervenit; and allwayes, for to stay corruptione in the entrie of the King’s Majestie’s Government, they had presentit to his hieness councill, ane supplicatione with four articles, and for observatione of the Act of Parliament, touching sic as bears publick office within this realme; ane uther for putting order to the late murther in Strivling and Edinburgh; the third for the policie of the Kirk; the fourth for supporte of the appearand famine--of the qwhilk as yet no answer.

The haill Assemblie thocht the same meit to be cravit of the Councill, and desyrit my Lord Herreiss and the Abbot of Deir, present, of their opinion concerning the saids matters; qwhais answer was, they came not to vote nor conclude, but were direct be the Councill to hear and sie the proceedings of the Assemblie, and alwayes sould insist at the hands of the Councill for answer to the saids Articles.

Anent the complaynt made upon David Fargysone, that he had overseine the executione of the act made anent Mr Thomas Biggar and George Boswell anent their resorting to the exercise of Dumfermling, the said David being present, declareit that upon their promise to erect ane exercise in Kirkaldie he stayit, qwherin they have failziet The Kirk ordaynes the said act to be put to executione be him as accords.

It was thocht meet be the brethren, that certaine sould be direct to my Lord Herreiss and the Abbot of Dier, to put them in remembrance of the answer to the articles gine in to the Councill, and lykewayes to demand of the Councill, whether they be direct to the Assembly to giue their advyce in all things tending to the glory of God and weell of his Kirk, or to hear allanerlie; and giue the brethren finds it expedient to propone the ane and the uther to the Councill themselves? And to that effect were direct Mrs Andrew Hay and David Lyndsay, who returning, reportit, that some difficulties are in the articles, and for reasonying thereof with sic as the Kirk will appoynt thereto, they have ordaynit twa of the Counsell to concurre the morne at aucht hours. As to the persones they direct to the Assemblie, they giue them no power as Commissioners of the King to vote in Assemblie; for they had not spoken the King in this behalfe: Alwayes, as brether and members of the Kirk, they shall giue advyce, counsell, and vote. The Kirk appoynts Mrs Robert Pont, John Row, James Lawsone, Andrew Hay, Andrew Melvill, and David Lyndsay, to concurr with the deputs of the Councill, to reasone upon the saids articles the morne at aucht houres.

Forsuameikle as the heads of the policie beand concludit and agreit in the last Assemblie of the Kirk, be the maist part of the brether; certain of the brother fand some difficultie and questione in that head _De Diaconatu_, qwhairthrow farther reasonying was reservit to this Assemblie thereanent: It was therefore requyrit that if any brother had reasonable doubt or argument to propone, that he sould be readie the morne to offer his reasones, qwhair he shall be heard and resolvit.

Ordaynes ane Generall ffast to be observit universallie within the Kirk within this realme, to begine the first day of Junii nixt to cum, and to continow whill the next Sabbath thereafter inclusive, with the accustomed exercises of doctrine and prayer; intimation heirof to be made, with the tyme and cause, to the King and Councill, supplicating his Grace and Councill to discharge be opin proclamatione, all kynd of insolent playes as King of May, Robine Hood, and sic uthers, in the moneth of May, aither be bairnes or utherwayes.

Sessio 5.

The brether appoyntit to conferr with the deputs of the Councill touching the difficulties they had to propone againes the Articles gine in to the said Councill, reportit, that the said deputis willed the Assemblie to name the persones they suspect of Papistrie, and to direct from the number of the Kirk, certain brethren to admonische them to subscryve to the Articles of the Religione presently allowed be act of Parliament, and to participat the communione, and giue they find disobedience, to intimat the same to the Councill; and lykewayes to proceed against the disobedients with the censures of the Kirk.

The Assembly nominat my Lord Chancellour, the Earles of Caithness and Mountgomrie, my Lord Ogilbie, and ordaynit Mr John Row and James Lawsone to communicat with the Chancellour and Mrs John Craige and John Duncansone, with the remanent, and to report their answer at fyve houres to the Commissioners of Countries.

Sessio 6.

According to the ordinance made yesterday, all persones that hes any reasonable doubts or argument to propone against the head of the Policie, were requyrit to propone the same, and nane offerit any argument in the contrarie.

Sessio 7.

Forsuameikle as there is great corruptione in the estate of Bischops, as they are presently maid in this realme, qwhairunto the Kirk would provide some stay in tyme cuming, so far as they may, to the effect farder corruptione may be brydlit; Therefore the Kirk hes concludit that no Bischopes shall be electit or made hereafter before the next Generall Assemblie; discharging all ministers and chapters to proceed any wayes to electione of Bischopes in the meanetyme, under the paine of perpetuall deprivatione from their offices; and that this matter be proponit first in the next Assemblie, to be consultit what farther order shall be taken thereanent.

Anent benefices vaikand of the Kirks where there is no qualified ministers serving; The Kirk hes determinat and ordaynit, that no visiter of countries give collatione of the saids benefices to any uther persone by the minister of the Kirk qwhairof the benefice vaicks, qwhill the next Generall Assemblie of the Kirk, under the paine of deprivatione from their offices; and gif they be urget be the Prince’s letters thereto, to shaw this ordinance for their defence, and that this same matter be proponit in the next Assemblie, that order may be taken theirin.

Sessio 8.

Forsuameikle as the Generall Kirk has thocht meet that the travells taine be them upon the Policie be presentit to the King’s Majestie and his heines Councill: It was found good, that before the copies thereof were delyverit, they sould be yet reueisit and overseen be Mrs Robert Pont, James Lawsone, and David Lyndsay, and being written over according to the originall copie, to be presentit be them to his heines with a supplicatione pennit be them to that effect, with ane uther copie to the Council; the tyme to be at the discretion of the said brether, provyding it be before the generall ffast: And in case conferrence and reason be cravit upon the said heids, the Kirk hes nominat Mr John Craige, Alexander Arbuthnott, the Laird of Dun, William Chrystisone, John Row, David Fargysone, Robert Pont, James Lawsone, David Lyndsay, John Duncansone, Andrew Melvill, Andrew Hay, and James Greig, to concurr and conveine at sic tymes appoynted be the King and Councill, advertisement being made to them be the said thrie brether, and that the saids Commissioners at the said conferrence reasone also on the head of the ceremonies, and how far ministers may meddle with civill affaires, and gife they may vote in Councill or Parliament.

The Generall Assemblie of the Kirk, finding the universall corruptione of the haill estates of the bodie of this realme, the great coldness and slackness of religione in the greitest pairt of the professors of the same, with the daily increase of all kynd of fearfull sinnes and inormities, as incest, adulterie, murders, and namely, recently committit in Edinburgh and Striviling, cursed sacriledge, ungodlie seditione and divisione within the bowells of the realme, with all manner of disorderit and ungodly living, qwhich justly hes provokit our God, although long-suffering and patient, to stretch out his arme in his anger to correct and visite the iniquitie of the land, and namely be the present seueritie of famine and hunger, joynit with the civill and domestick seditiones, qwhairunto doubtless greater judgements must succeed gif his correctiones work no reformatione nor amendment in men’s hearts: Seeing also the bloodie conclusiones of the cruell councill of that Roman beast, tending to exterminat and raze from the face of all Europe, the light of the blessed word of salvatione: ffor these causes, and that God of his mercy wald bless the King’s heines and regiment, and make him to haue ane happie and prosperous government, as also to put in his heines heart and in the hearts of his noble Estates of Parliament, not only to make and establische good and politick lawes for the weel and good government of the realme, but also to setle and establische sic ane policie and discipline in the Kirk, as is cravit in the word of God, and is conteinit and pennit alreadie to his heines and councill, that in the ane and in the uther God may be glorified and haue his dew praise, and the age to come ane example of upright and godlie living and dealing: Therefore the Kirk hes ordainit the act preceiding heiranent to be preceislie keepit in all poynts.

Sessio 9.

The brethren appoyntit to speak with the suspect Lords reportit, that the Earle of Caithnes desyreit to sie the articles of religione: My Lord Ogilvie declareit that he had subscryveit the articles of religione, and participat the communion before the pastour of the countrie, and was willing to doe the same againe. They had not the commoditie to meet with the Chancellour and Montgomerie. The Ministers and Sessiones of these townes where they shall happin to repaire, were ordaynit to admonische them; and if they fand disobedience, after dew admonitione, to proceed against them with the censures of the Kirk.

Mr Thomas Sincloure was nominat amang the brethren to answer the bills.

Sessio.

What shall be the punischment of communicants that violats the generall fast? Answer: They shall make repentance twa severall Sondayes, and according to the contempt in the violatione, the paine to be aggravat.

The conventione nixt appoyntit at Edinburgh the 7th of July next to come, in caise the parliament alreadie proclaimit hald fordward; utherwayes, in caise the same halds any uther tyme betwixt and the 24th day of October nixt to come, that the brethren conveine in the place where it shall be halden for the tyme, four dayes before the same; and failzieand of both, upon the 24th day of October nixt to come, within the towne of Edinburgh.

[THIRTY-EIGHTH GENERAL ASSEMBLY.]

The General Assembly, conveint at Striviling, and begun the 11th of Junii 1578, where there was present the Commissioners of Countries, Commissioners from Synodall Assemblies, Towns, and Universities.

Sessio 1.

In respect of the raritie of the Assemblie, the brethren that were conveint thocht best to meit at twa houres afternoone, and to sitt till fyve houres at noone.

Sessio.

Exhortation beand made be Mr Andrew Melvill, Moderator of the last Assemblie, before farder proceeding, questione beand proponit, if this Assemblie be ane continuation of the last or ane new Assembly? It was reasonit and concludit to be ane new Assemblie. For electione of ane Moderator, Mrs John Row, David Fargysone, and John Duncansone, was proponit in leets, and be pluralitie of votes, Mr John Row was chosen Moderator.

Mrs Robert Pont, James Lawsone, Andrew Melvill, John Craig, and Andrew Hay, direct to give their counsell, and communicat with the Moderator sic matters as shall be thocht best to be resolvit at this conventione.

Forsuameikle as it hes pleasit the goodness of God to indew the King’s Majestie with zeal of his trew religione, it was thocht very meit that the Laird of Lundie, Mr John Craige, James Lawsone, Robert Pont, and John Row, should be direct to his Grace to crave that some be direct be his Grace to assist this Assemblie the morne, at aucht houres in the morning, and to report his hienes answer.

Sessio 2.

Anent the Act made in the last Assemblie concernyng the election of Bischops, suspendit whill this Assemblie, and the farder order resolvit thairinto, The Generall Assemblie, all in ane voyce, hes concludit that the said act sall be extendit for all tyme to come, ay and while the corruptione of the Estates of Bischopes be allutterlie taine away, and that all Bischopes alreadie electit, be requirit particularly to submit themselfis to the Generall Assembly concerning the reformatione of the corruptione of that estate of Bischopes in thair persones, qwhilk if they refuse, after admonitiones, excommunicatione to pass against them: qwhilk submission the Bischop of Dumblane willingly offerit to the Assemblie.