Part 19
Anent ane act made in the last Assembly, the 28th of Aprile 1578, concernyng the collatione of benefices to uther persones nor the ministers of the kirk quhairof the benefices vaikes, and the farther order to be taine in this Assembly, the Kirk present hes farther concludit, that neither Bischops, visitors, nor uthers beiring commissione of the Kirk, give collation of benefices, by and against the tennor of the said act, Under the paines therein conteint, qwhill the nixt Generall Assembly of the Kirk, at quhilk tyme this matter shall be proponit againe, that farther order may be tane therein.
Anent the penaltie of bischopes, ministers, and uthers bearand functione in the ministrie, that setts fewes and tacks of their benefices and ecclesiasticall livings, or any pairt thereof, or ministers in chapters that gives their consents thereto, without the consent of the Generall Assemblie of the Kirk, against the tenor of the acts made in Assembly before, the Kirk and Assemblie present hes concludit that the saids persones quhilk shall happen to contraveene the said act, shall be depryvit from their offices and functione in tyme cuming.
Forsuameikle as in the last Assemblie, commissione was give to certaine brethren to present to the King’s Grace and Councill the heids of the policie of the Kirk, with a supplicatione unto his Grace, the Kirk desyrit the report of the brethren’s proceeding; who exponit and schew, that according to their commissione they exhibite to the King’s Majestie a copie of the heids of the policie, with the supplication unto his Grace, quho gave a very comfortable and good answer, that not only wald he concurr with the Kirk in all things that micht advance the trew religione presently professit within this realme, but also wald be a protector of the Kirk; and thereafter his Grace presentit the supplicatione to the Councill, who nominat persones to conferr in the matter, and be his Majestie’s procurement obtained of the Councill that they micht choyse so many ministers to conferr, as was at lenth agreit upon: Quhilk conference is readie to be schawen.
Sessio 3.
The report of the Assemblie had be the Commissioners appoyntit be the King’s Majestie and Councill beand exhibite to the present Assemblie, it was thocht meet to be read over.
As to the supplication devysit in the beginning of the conference touching those that shall vote in parliament in name of the Kirk, the Assembly thocht the advyce good, and ordaynit Mrs John Row and Robert Pont to penne the same, and to present it to the Assemblie on Monday.
Concerning the remanent observationes, ordourly the Kirk proceedit as follows:
Cap. 1. The auchteine article thereof whilk in conferrence was desyrous to be made plaine, the Assembly thinks it sensible enough.
Cap. 2. The third article agreit conforme to the conferrence. The 7th article to be farder considerit.
Cap. 3. The 10th article thought plain in the selfe: as to the 12th article, agreit it be framit conforme to the conferrence. Touching the advyce, craveit what paines shall be put to non-residents, The Kirk thought meet and civill law cravit, decernand the benefices to vaick through non-residence.
Cap. 4. The 9th article agreit conforme to the conferrence and the penaltie of persones excommunicat, desyrit to be hornyng or captione be speciall act of parliament to be execute be the Thesaurer, Justice Clark, or uthers, that the King’s Majestie and his Councill pleis to appoynt.
Cap. 5. Agreit with the twa supplicationes desyrit.
Cap. 6. The perpetuitie of the persones of the elders agreit conforme[17]
{missing text indicated by asterisks}
... patrimonie of the Kirk, to the hurt and diminutione of the rentalls thereof, and to the prejudice of the old possessors of the same; certifieing them and every ane of them that does in the contrare, that the censures of the Kirk and excommunication sould proceid against them, and this act to be extendit to all Chapiters of every sorte and conditiones that is usit presently in this realme; and sicklyke against these that are receivers, directly or indirectly, of the saids fews, tacks, or uthers dispositiones whatsumever, and the contraveners to be accusit before the Generall or Synodall Assemblies and their Commissioners appoyntit be other of them to that effect, and intimation to be made heirof to all Commissioners and ministers in every Paroche Kirk, and that in respect of the great inconvenients knawn to the Kirk, against the Kirk, schooles, and the multitude of the poore, qwhilk dayly increases and dies miserably through the occasione forsaid.
The nixt Assembly to be in Edinburgh the 24th day of October nixt to come; and, if there be ane parliament betwixt and the said day, the Assemblie to be where the parliament beis, twa dayes before the samme.
[THIRTY-NINTH GENERAL ASSEMBLY.]
The Generall Assembly, convenit at Edinburgh, the 24th of October 1578, in the Nether Councell-house, where there was present the Commissioners of Countries, Provinces, Townes, and Universities.
Sessio.
Exhortation made be Mr John Row. Leets, Mr Andrew Hay, Thomas Smetone, David Fargysone: The said David was chosen Moderator be pluralitie of votes. Mrs James Lawsone, Andrew Melvill, John Row, Andrew Hay, Thomas Smetone, John Craige, Robert Pont, Assessors.
The Noblemen in the Towne for the present were desyrit to be present in the Assembly.
Sessio 2.
In respect that at the desyre of the Assemblie, certain of the nobilitie were convenit, viz., my Lord Chancellour, the Earle Montrose, my Lord Setone, my Lord Lindsay, it was exponit and schawne be the Moderator of this Assemblie in name of the Kirk, qwhat care and studie the Kirk of God had taine to intertaine and keep the puritie of the sincere word of God unmixt with the inventions of their awne heids, qwhilk their speciall care was to reserve to the posteritie heirafter; and, seeing that the trew religione is not able to continew nor indure lang, without a good discipline and policie, in that part have they also imployit their witt and study, and drawne furth of the pure fountaines of God’s word sic a discipline as is meet to remayne within the Kirk, whilk they presentit to the King’s Majestie with their supplicatione, at whais discretion certain Commissioners were appoyntit to reasone with sic as were deput be the Kirk, where the haill matter beand disput was resolvit, and agriet, to a few heids, and thereafter againe presentit to the Lords of the Articles, that the said discipline may take place and be establischit be the actes and lawes of the realme, qwhairin, nottheless, their travells hes not succeeded; prayand, therefore, the nobilitie present, alswell openly to make profession to the Kirk if they will allow, affirme, and maintaine the religion presently establischit in this realme, as also the Policie and Discipline already spoken of, and labour at the King and Councill’s hands for ane answer to the heads after following, to witt; That his Grace and Councill will establish such heids of the policie as was alreadie resolvit and agreit upon be the saids Commissioners, and cause sic uthers as was not fully agreit to be reasoned and put to ane end, and that his Grace and Councill will restore the Kirk to the act of parliament concerning the thirds, and that nane vote in parliament in name of the Kirk, except sic as shall have commissione of the Kirk to that effect, and that presentationes of benefices be direct to the Commissioners of Countries where benefices lyis: And to the effect that the matter may be the better and sooner exped, that their Lordships wald appoynt sic tyme convenient thereto as they may best spare, that sic of the brether that beis namit thereto may await upon their honors. Theirunto the said Noblemen answerit, that a pairt of them had made publick professione of this religion before, and alwayes now they declare they confesse the religion presently profest within this realme, and shall maintaine the same to their power. As to the rest, they think good the King and his Councill be suitit, and they shall insist with the Kirk for answer thereto;--the tyme to that effect, to the Kirk, the morne.
Sessio 5.
Anent the Act made in the last Assembly concerning the Suspension of Visitors fra giving collatione of benefices to any persone by the ministers serving actuallie at the Kirks where the saids benefices lyes; The Kirk ordayns the said Act to stand in full effect and strength whill the next Assemblie, where the matter being newly proponed may be farther resolvit.
Anent the Submissione of Mr James Boyd, Commissioner of Kyll and Carrick, to the Generall Assemblie, conforme to the Act made in the last Assembly, and the reasoning had be him be the Moderator and brethrene appoyntit thereto, the forsaid brether being present thoucht best he sould publish his awne answer to the haill brether for satisfactione of them, who gave in his answer in wreit as follows:
I understand, the name, office, and modest reverence borne to a Bischope to be lawfull and allowable be the Scriptures of God; and, beand electit be the Kirk and King to be Bischop of Glasgow, I esteem my calling and office to be lawfull: And, as anent my executione of that charge committit to me, I am content to indeavour at my outermost abilitie to performe the same and every poynt thereof, and to abyde the honourable judgements of the Kirk from tyme to tyme, of my offending by my dewtie; craving alwayes a brotherly desyre at their hands, seeing the charge is weichtie; and in the laying to be lait to my charge to be examined be the cannone left be the apostle to Timothie, 1 and 1 cap., seeing that place was appointit to me at my receipt.
To understand therefrom the dewties of a Bischope: As toward my living, and rents, and uthers things grantit be the Prince to me, I reckon the same lawfull: As to my dewtie to the supreame magistrat; in assisting his Grace in Councill or parliament, being cravit thereto, I esteem my subjection compels me to obey the same, and no hurt but an well to the Kirk that some of our number be at the making of good laws and ordinances; in the doeing whereof I protest before God never to doe any thing but that I believe shall stand with the puritie of the Scripture and a weill reformit countrie, as also a good part of the living I brook being gine for that only cause.
Qwhilk being read in open Assemblie and considerit, after voting of the haill brethren, was adjudged to be no answer to the Act, nor to satisfie the desyre thereof, alwayes was reqyrit that afternoone he sould returne with better advyce as the Kirk wished at God he sould do.[18]
Sessio 8.
The Assembly hes votit and concludit that all sic persones as are alreadie, or heirafter shall be deposit for their offences from their functions of the ministrie, shall be chargit be the Commissioners of the countries to dimit the saids benefices and livings possesst be them, to the effect uthers may be provydit thereto that may travel in the said functione, under the paine of excommunication to be execute against them, qwherein if they faillie, after admonitiones, to proceed with the sentence of excommunicatione against them, under the paine of suspensione of them from the ministrie dureing the will of the Kirk, and that this act be execut against the Bischope of Dunkeld and minister of Saline be the Commissioners of the countrie where they dwell, betwixt and the next Assemblie, under the paine forsaid.
Forsuameikle as the Bischops are to be chairgit to remove their corruptiones in that estate, the Kirk nominat the speciall corruptions whilk they desire sic as will submitt them to the said Assembly to correct, with promise, that giue the Generall Kirk hereafter shall find farther corruptiones in the said estate, nor heirto is exprest, that they be content to be reformit be the said Assemblie according to the word of God when they shall be requyrit thereto: 1. That they be content to be pastors and ministers of ane flock: 2. That they usurp no criminall jurisdictione: 3. That they vote not in parliament in name of the Kirk without commissione from the Kirk: 4. That they take not up for the maintenance of their ambitione and covetousness, the emoluments of the Kirk, whilk may sustaine many pastors, the schools, and the poor, but be content with reasonable living according to their office: 5. That they claime not to themselves the titles of Lords temporall, neither usurp temporall jurisdictione, quhairby they are abstractit from their office: 6. That they take no farther bounds of visitatione nor the Kirk committeth to them: 7. That they impyre not above the particular elderschipes, but be subject to the same: 8. That they usurp not the powers of the pastors.
The Assembly depryvit Mr Hector Douglass from his office of function of the ministrie as woundit and unable therefor, and ordaynes him to be chargit be the commissioners of the countrie to dimit his benefice, and if he refuises after admonitiones, to proceed with excommunicatione against him, under the paine of suspensione of the said commissioner from his office of the ministrie dureing the will of the Kirk.
Forswamikle as there is diverse persones within this realme that sends their children, being within age, furth of the countrie over sea to places where superstition and Papistrie is mayntainit, upon pretence of seeking farther instructione and learning, as also uthers, beand of perfect age, transports themselves out of the realme upon the same pretence, whairthrow they become for the maist part corrupt in religione, as be evident experience is daylie seen; For remied heirof, the Generall Assembly hes advysit and concludit, that the parents of sic children as within their minoritie sends them to the saids places, or heirafter shall send them where the said Papistrie is teachit and maintainit, shall be chargit be their own ministers to call back their children from the saids places with all convenient expeditione, under the paine of excommunicatione; and if they disobey, to proceed against them; and sic as are of perfect age, that already are past out of the countrie to the saids places, or in tyme comeing, shall pass thereto, shall in like manner be chargit to remove themselves therefra under the semblalle forme to be execute against them; and if they disobey, to be excommunicat be the minister of the place where they remainit before their departing out of the countrie.
[FORTIETH GENERAL ASSEMBLY.]
The Generall Assembly, convenit at Edinburgh in the New Kirk, and begun the seventh of July 1579, wherein there was present the Commissioners of Countries, Provinces, Towns, and Universities.
Sessio.
Exhortation made be David Fargysone. Leitts, Mrs Andrew Hay, Thomas Smetoune, and John Duncansone: be plurality of votis the said Mr Thomas was made and chosen Moderator _hac vice_, at whais desyre the Laird of Dunn, Mrs John How, Andrew Melvill, Andrew Hay, James Lawsone, Robert Pont, David Fargysone, and John Greig, were appoyntit Assessors.
Sessio 2.
In the face of the Assemblie, Mr John Duncansone, the King’s Majestie’s minister, presentit his heines Letter direct to the Assemblie, qwhilk was read and humblie receavit, and ordayned to be registrat in the Register of the Kirk, quhairof the tenor followis:
Richt trusty and welbelovit, We greet yow hartilie well. Understanding of your present Assemblie at Edin^r. and frae the rumors that passes of some things to be intreatit amanges you, that may seeme prejudiciall to that good order of the Government of the Kirk and ecclesiasticall policie heretofore lang travellit in and hoppit for, We have taken occasione to schaw yow our mynde in this behalf to the minister of our awne house and some uthers of your awne number hapining to be present with us, whom in this caus we have thocht meitest to use as our owne Messengers to carrie our Letter, whereby we will heartily desyre you and effectuouslie wische yow, that in this our young age, the tyme being subject to so many difficulties and imperfectiones, to bestow your common cares and good willes, to intertaine peace and quytness in God’s feare and our dew obedience, forbearing any proceeding at this tyme that may touch matters heirtofore not concludit be any lawes and receivit in practise. But whatever in the former conferences touching the policie of the Kirk was remittit to be resolved and decyded be our estates in parliament, let it so rest without prejudging the same be any of your conclusiones at this tyme, since our parliament now so schortly approaches, and that we are weill pleasit and content, that before the same sic matters as are not yet reasonit may be farther consultit upon and prepared to pass in forme of lawes, and the meitest for that wark to be expresslie imployit therein; to the end that the things conferrit and agreit upon may be presentit to our estates, to be approvit in our said parliament, and dew executione to follow thereupon for the advancement of God’s trew religione and the repose of yow and uthers our good subjects the members of the Kirk of God within our realme: and for this cause we will not only be the authors and perswaders of common peace amang all of your owne functione, but amangst all others our good subjects, alsweell generallie as in the particular Kirks where ye travell, that some men over bussie to work the contrarie effects may finde themselves disappointit, and that our haill estate, be your good example, may be rather disposit to conforme themselves to a godly and peaceable course of living, qwhilk we are assured shall be pleasing to God and to us most acceptable, as ye may perswade yourselves of our willing inclinatione to set fordward this actione according to God’s will and word, with all the diligence and good meanes that may be used; and so looking to be informed of the success of this our reasonable request, and admonitione, We committ you to the protection of God. Att our Castle of Striviling the 5 of July 1579.
Sic subscribitur, JA. REX.
Direct to our trusty and well-belovits the Ministers and uthers of the Kirk presently assemblit at Edin^r., &c.
Sessio 4.
Twiching the epistle presentit be Alexander Arbuthnott to be prefixit to the Bible, the brether hes desyrit the Moderator and his Assessors to read and consider the same, together with the Kalander to be presentit to Mr Robert Pont, and to give their judgements thereof the morne.
Sessio 5.
Anent the buriall of the Earle of Atholl of good memorie, the Kirk thocht meit to direct from the Assembly Mrs John Row and Johne Durie to desyre of them that all superstition be avoyded thereat; quho reportit that they had made information to their honors, that the bruit was of same superstitious rites qwhilks ware prepared for the buriall, as ane qwhyte cross in the mortcloath, lang gownes with stroupes and torches: quhair answer was that it was not ane crosse, and grantit the gownes and denyit the torches; alwayes desyred the Kirk to direct two to sie if sic things as was prepared were superstitious, and they sould be reformit: according qwhairto war immediately sent to them David Fargysone, John Braid, and John Durie, to declare, The Kirk thocht the crosse and stroupes superstitious and ethineque lyke, and to desyre them to remove the same; who returnit with answer, that the Lords should cause cover the mortcloath with black velvet, and the stroupes should be removit.
Anent the act made in the last Assemblie concernyng the suspensione of visitors fra giving collation of benefices to any persones by the ministers serving actuallie at the kirks where the saids benefices lyis; The Assembly ordayns the same act to stand in full effect and strength whill the nixt Assembly, qwhere the matter being newly proponit, may be farther resolvit.
The brether thocht good that the late conferrence haldin at Striviling to sic as the King appoynted thereto sould be read, seen, and considerit, with the booke of the Policie, to see wherein the said conferrence agries with the conclusione already of the Kirk. Cap. 1.
Concerning the doubt made upon the second article of the said chapter, the Kirk explaines that article, and declares it is understand baith of the particular presbyterie and generall Kirk. 4. Article is thocht plaine anouch. 6. Agreit to the dilatione containt in the 6th article. The 9 article the Kirk thinks good--it stands as it is in the Kirk, and the 12 sicklyke. 3. The Kirk ciks to the word government, this word discipline. The 10 article to remaine unalterit.
Sessio 7.
The Kirk present willed Mrs Andrew Melville, Andrew Hay, John Craige, William Chrystisone, and the Laird of Dun, to convein in the place of the Assemblie, and to visit the answer gine in be Mr Patrick Adamsone; to remove the corruptions in the estate of Bischops, and to giue their judgement thereupon the morne.
Sessio 8.
The Assemblie weyand the apostasie of Mr Niniane Dyell, master of the Grammar School of Dumfries, deposed him _simpliciter_ from the functione of the ministrie in tyme cuming, and suspends him from teaching the schoole and youth, qwhill alse good experience be had of them of his lyfe as they have had of his defectione; and in the meanetyme ordayns ane of the Doctors of the school, if he be sound in religione, to teach the schoole of Dumfries dureing that tyme; and farder ordaynes him publickly, in face of the haill Assemblie, to confess his offence, and thereafter to pass to the towne of Dumfries, and uther pairts of the countrie where he hes abused the simple people, and likewise publicklie in presence of the commissioners confesse the same, revockand the saids errors and professand the contrarie, craving God and his Kirk pardon therefore; and that immediately after his and the commissioners’ hame passing, under the paine of excommunicatione.
Sessio 9.
Anent the Bischops or Commissioners of Countries that absents themselves from Generall Assemblies at the tyme appointit; The Kirk hes ordainit the act made the 12 of Aug. 1575 to be execute against them, and namely against St Androis, Morray, and Aberdeen, all absent; and the said act to be understand of Bischops haveand office appoyntit of Visitation appoyntit to them be the Kirk, but sic also as hes not the said office.[19]
Anent Jesuits repairing in this countrie; the Assemblie present hes votit and concludit, that the Commissioners of Provinces take tryall and diligently inquire if any sic persones resorte within the bounds of their office; and if any be found, to charge them straitlie to give confession of their faith, revock their errors, subscribe the articles of religione presently established be the mercie of God within this realme; and if they refuse, to proceed with the sentence of excommunication against them, beside the civill punischment to be askit of the King’s heines, and that this act be execute against Mr John Hay.
Ordaynes ane supplication to be made to the King and his Counsell that good order may be taken with the Universities of St Androis, and the corruptiones reformit and taken away; and to that effect that his heines with his Councill wald direct some wyse, godlie, and learnit men to consider the estate thereof, and direct letters chargeing the Masters and Regents of the said Universitie to produce before sic as his heines and Councill sall nominat with the brethren efter specified in name of the Kirk, viz. Mrs Robert Pont, John Row, Andrew Hay, Andrew Melvill, Thomas Smetoune, and Thomas Buchanan, ministers; the fundationes of the colledges to be seine and considerit be them: To the qwhilk brether the Kirk for their pairt gives commissione to censure with the King’s Majestie’s Commissioners, to take order, and redress all such corruptiones and defaults as pertaynes to the Kirk, and in so far as they may do.
Sessio 10.