Part 21
It is concludit be the Generall Assembly, that in every principall Assemblie, there shall be certaine assessors nominat to them, to concurr with the Commissioners of the Countrie, who shall subscryve with them in all weightie and greit matters.
Articles proponit be the forenamed Commissioners to his Majestie and Councill.
1. First, That order may be taken with sick as puts violent hand in ministers, or troubles them in exerciseing of their offices.
2. That they who for just cause are deposit from the ministrie may losse alsweill their benefices as other qualified persones provydit thereto, the Kirk may be servit.
3. That punishment may be made for sic as passes in pilgrimages to kirks or walls; and that order may be tane with them that past to the Holie Rude of Peblis, and sic uther places.
4. That no presentatione of benefice be directit to any persones but sic as beirs commissione from the Generall Assembly, according to the act of Parliament; and if any be utherwayes receavit, that their admission be declairit null.
5. That all benefices vaikand, where ministers are plantit, be gine to ministers serwing the cure where they vaike, they beand able therefore; and that no presentatione gine to any wther persone be receavit, unless the minister serving the rowmes be first found able.
6. That order be taken with Alexander Arbuthnott that the Bibles may be delyverit according to his receipt of money from every paroche; and to that effect that he and his soverties may be commandit be letters of hornying for delyverance thereof, and no suspensione to be grantit without the same be delyverit.
7. In respect of the good and godly zeall of James Lord Arrane, alwayes schawine in defence of God’s cause and commone wealth, it will please your heines and councill to resolve upon some good and substantiall order that may serve both for the health and curing of his bodie and comfort of his conscience.
8. That the Book of Policie may be establisched be ane act of Privie Councill, qwhill ane parliament may be had, at qwhilk tyme it may be confirmed.
9. Because there is great necessitie of a printer within the countrie, and there is ane stranger banisched for religione, called Vantrolier, who offers to employ his labours in the said vocatione, for the weill of the countrie, It will plese your Grace and Councill to take order herein, as your Grace thinks meit, and to give licence and priviledge to him to that effect, if it shall be thocht expedient be your Grace and Councill.
[FORTY-SECOND GENERAL ASSEMBLY.]
The Generall Assembly, conveint in the Over Tolbooth of Edinburghe, and begune the 20th of October 1580; Qwhaire there war present the Commissioners.
Sessio.
Exhortation made be Mr James Lawsone. Leitts, Mrs Robert Pont, Andrew Hay, Andrew Melvill: the said Mr Andrew Hay, be plurality of votes, was chosen Moderator _hac vice_.
Assessors Mrs Robert Pont, James Lawsone, Andrew Melville, Thomas Smetowne, David Fargysone, George Hay, Thomas Buchannan, Wm. Rynd, and the Commissioners of Edinburgh, all desyrit and nominat be the Moderator.
Sessio 2.
The Bischops of St Androis, of Glasgow, of Aberdeine, and Morray, beand callit, nane compeirit.
Sessio 3.
Anent the report of the King’s Grace and his Council’s answer to the petitions proponit be word be the brethren of the kirk yesterday; the brethren returnit answer to the articles. His Heines and Councill promittit to giue resolute answer to the same the 15th day of the next moneth, and to stay the place whill then.
In name of my Lord Lennox compeirit Mr Henry Keir, and saluted in his name the whole Kirk, declairing that his Lordship was maist willing to have ane minister in his awne house, for exercise of the trew religion; and albeit he had promised at the subscryving of the articles of religion to send for ane minister that had knawledge of the French tongue, yet be reasone Mr Bower had promised that he should cause him be provydit of ane qualified minister, according to his desyre, qwhilk took no effect, and wtherwayes also, because his desyre was that rather the Kirk should chuse him ane sufficient pastor, the matter hes sensyne lyen over; willing hartilie that the Kirk should write to some pastor of the French Kirk of London, for whais provisione and good entertainment he should be carefull: promising also in his name, that in the effaires of the Kirk, either in generall or particular, he should imploy his good affectione and labour as he sould be chargit; desyring that no uther opinione sould be conceived of him nor of any man that meines trewly towards God. The Kirk present hes willit their brother Mr James Lawsone to pen ane wryting in their names, to the minister of the French church of London, to the effect foresaid.
Anent the transporting of Mr Andrew Melvill, Principall of the Colledge of Glasgow, and Mr Thomas Smetoune, Minister of Pasley, to the Universitie of St Androis, conforme to the King’s Grace’s writting direct to that effect; after some publick wrytings in the matter had on ather syde, the Kirk referrit farther disputatione thereof qwhill afternoone. In the meane tyme, the questione being movit, if the Kirk might concurr with the King’s Majestie in transporting of Doctors from ane Universitie to ane uther for weightie and necessar causes, The Kirk and Assemblie present for the maist pairt votit to the affirmatione of the said questione.
Sessio 9.
Anent the act made in the last Assemblie concernyng the damning of the pluralitie of kirks in ane minister; The Kirk ordains the same to be put in executione be the Commissioners of provinces after the tenor thereof, under the paine of disobedience.
Anent the act made in the last Assemblie touching the Bischops; In respect that the order of the said act hes not been followed out against Bischops of Morray and Aberdeene conforme to the tenor thereof, The haill Kirk, as of before, ordaynes the Commissioners of the countries to put the said act to executione in all poynts, sa far as concerns thair pairt thereof, and the ministry so far as is appoyntit be the said act unto them, under the paine of making publick repentance in face of the haill Generall Assemblie, in caice they be found to contraveine the said act: And as to the warning and suiting of the saids Bischope of Morray, ordaines him to be warnit in Elgine publickly in the kirk; ordaynes Mr Thomas Buchanan, to summond the Bischop of Cathnes, and Johne Hepburne to summond the Bischop of Brechine to compeir in the nixt Generall Assemblie, to giue their submission and assent to the speciall heids conferrit and agreit upon be the Bischops of St Androis, Glasgow, and the Isles, with the Assembly, to be convenit expressly in the summonds; Certifying them and they compeir not, the Kirk will proceed with farder admonitiones against them. And in caise that the saids Mrs Thomas and Johne fulfills not this ordinance, the Kirk hes decernit against them that they shall make publick repentance in face of the haill Assemblie.[20]
The Generall Assemblie gives full power and commissione to their lovit breither of the Exercise of Edinburgh, with Mr John Craige, minister of the King’s house, if he be present, to call the Bischop of Orknay before them, and to chairge him in name of the Kirk, to give submission and assent to the articles and heids greit upone betwixt the Bischops of St Androis, Glasgow, and Isles, and to receave his answer thereupon, to be reportit with the haill proceiding therein to the nixt Generall Assemblie.
Ordaynes Mr Andrew Hay to summond the Visitor of Argylle to compear the next Generall Assembly to answer upon the usurpatione of the office of visitation within the saids bounds, under the pain of disobedience.
Anent the request made be the Commissioners of Perth to the haill Kirk, that in respect of the inlaik of umquhill Mr John Row, their late minister, ane notable man within the Kirk, and of the greit necessitie that the toune had to be prouydit of a singular good man both for doctrine and good discipline, That the Kirk would favourably grant to the placeing of Mr Thomas Smetoune and John Craige there. The Assembly considering the many impediments why their said breither might not be plantit there, Giues to the said towne any of the ministers following, viz. Mrs Andrew Symsone, James Andersone, John Davidsone, and ordaynes any of them that shall be best lykit of the said Towne, the said minister to be placit at the said kirk.
Sessio 10.
Qwhither if any minister may be removit be the Generall Assembly of the Kirk from his particular flock by consent of his flock for good and reasonable causes? The Kirk answerit therto affirmative.
Qwhither in respect of the present necessitie that there is no Doctors within the realme, ane minister may superceid the office of pastorschip for a tyme and use the office of a Doctor? It was answerit be the Kirke that it may be, be command of the Generall Kirk upon good considerationes.
Sessio 13.
Forsuameikle as be evident experience it is knawne to the Kirk, that of late dayes syndrie apostates are returned within the countrie, and are spread in diverse provinces, as in Angus and in wther pairtes, and no kynde of discipline as yet used against them, to the great sclander of the Kirk of God, grieff of the consciences of good men, and contempt of the acts of the Kirk; The Generall Assembly ordaynes the Commissioners of countries to put the act of the last Assembly to dew execution against them in all poynts, and to use the forme of discipline against them, as is used against adulterers, and this act and ordinance to be followit out be the Laird of Dun against the 10th day of November nixt to come within his province, against the Master of Gray, and uthers suspect of the said apostacie.
Anent the order of Visitors, Forsuameikle as it is considerit be the Kirk to be ane corruptione and to sound to tyrannie, that sic kinde of office sould stand in the persone of ane man, qwhilk sould flow from the Presbyteries, and not the lesse the estate of tyme and laike of present ordour for establishing and constituting of Presbytries, suffers not the present alteratione of Visitors; It is considerit and thocht meit that my Lord Clerk of Register sould be requestit, with the Laird of Dun, Mrs Robert Pont, James Lawsone, David Lyndsay, John Craige, or John Duncansone, or any thrie or foure of them, to lay and devyse ane Platt of the Presbytries and Constitutiones thereof, as best appearit to their judgements, to be reportit be them against the nixt Generall Assembly; and as to the present, appoyntit the Visitors to have the oversicht of the provinces whill the next Assembly.
The Assemblie giues full pouer and commissione to the Laird of Lundie, Bredhaltoune, Andrew Kar of Fawdonsyde, Mrs John Craig, John Duncansone, ministers of the King’s house, Robert Pont, James Lawsone, David Lyndsay, John Craige, Patrick Adamsone, James Boyde, Thomas Smetoune, George Hay, Andrew Hay, Adam Johnstoune, David Fargysone, David M‘Gill, John Prestoune, elder, Commissioner of Edinburgh, or any sax of them, to compeir before the King’s Majestie and Counsell, the 15th of November next to come, and with all reverence crave answer to the articles gine in sen the last Generall Assembly unto his Hienes and honorable Councill, and to reasone and conferr thereupon; with power to thir haill nominat in this commissione, or the maist part of them, to resolve, decerne, and finallie conclude, in name and behalfe of the haill Kirk, with the King’s heines and Councill thereupon, as shall be maist necessar and expedient for the advancement of the glory of God, intertainment of the Evangell of Jesus Christ; sicklyke and alse freely as if they were personallie present, ffirme and stable haldand and for to hald, whatsomever their said breither or the maist part of them in the premisses leids to be done.
The Generall Assemblie ordaynes their breither the Lairds of Lundie, Seagie, Colluthie, and Mrs Robert Pont, James Lawsone, and Williame Christisone, to passe with Mr Andrew Melvill to the New Colledge and sie him plantit there, conforme to the directione and decreit of the Kirk; and sicklyke to call the papists that are within the universitie before them, and put order unto them, according to the acts of the Kirk.
Forswameikle as the Generall Assemblie, according to the King’s Majestie’s wreiting, and for the weill and universall profite of the Kirk of God within this realme, hes thocht meet and expedient and alse concludit and ordaynit, that Mr Andrew Melvill be transportit from the Universitie of Glasgow to the new Colledge of St Androis for erectione and planting thereof: Nottheless that the good beginning and labours taine be the said Mr Andrew be not frustrate, The haill Kirk hes found good, necessare and expedient that the said Thomas Smetowne occupy the said Mr Andrew his place and office in the said Universitie of Glasgow, and ordaynes him to accept the charge thereof upon him: and ane writting to be direct in name of the haill Kirk to the Rector and Principall of the Universitie, requesting them to receive him in the said Mr Andrew his place, for the weill and comfort of their Universitie: Mr Andrew Hay, as Rector of the said Universitie, in name thereof, dissenting from the removall of Mr Andrew, many wayes made protestation as of before.
Qwhither if ane minister entering in the functione of a ministrie, serving there in divers years by past, and thereafter leaves his vocatioun, and applys him to a civill office, may be admitted to be ane elder of the kirk? It is answerit, that this man is _desertor gregis_, and sould not be admittit to be ane elder, but rather aught to be callit for his desertione.
Ordaynes Mr Braid to delyver to my Lord Justice Clark, at the King’s Majestie’s command, gine in wreit, for raysing of letters against Mr Nicoll Browne.
[FORTY-THIRD GENERAL ASSEMBLY.]
The Generall Assembly, conveint at Glasgow, the 24 of Aprille 1581, where there was present the Commissioner for the King, the Laird of Capringtowne.
Sessio.
Exhortation beand made be Mr Andrew Hay; Mrs Robert Pont, David Lyndesay, and William Chrystisone, were put in leits, and the said Mr Robert, be pluralitie of votis, was chosen Moderator. Assessors, Mrs Andrew Hay, James Lawsone, David Lyndsay, Thomas Smetowne, William Chrystisone, the Lairds of Braid, Downrod, and Pilrig.
Forsuameikle as, for purgatione of the ministrie from unworthie persones that had enterit in the functione thereof, to the greit sclander of God and his Kirk, Ordour was taken in the last Assemblie, that all men, alseweell Barrones, Gentlemen, as uthers of the functione of the said ministrie, sould giue up the names of the saids persones unto the Kirk, as they will answer to God upon their consciences, not the less be schortness and inlaike of tyme, no greit effect followit, so that yet the sclander lyes upon the heid of the Kirk; Therefore, yet as of before, the Assemblie requires all men, as they tender the glory of God and the weill of his Kirk, that they delate and giue up the names of sic persones in wreit, the morne afternoone, that order may be taken for removeing of the greit sclander aryses to the Kirk be sic unworthie persones.[21]
Sessio 5.
Anent the act made in the Assemblie at Dundie against the Bischops beand, some difficultie appearit to some breither to aryse be the word of office conteinit in the said act, what sould be meint thereby: The Assemblie present for the maist pairt of them that votit and was present at the Assemblie in Dundie, to tak away the said difficultie and resolve men of the trew meining and understanding of the said act, declareit they meanit haillilie to condemne the estate of Bischopes as they are now in Scotland, and that the same was the determinatione and conclusione of the Kirk at that tyme.
The Laird of Capringtoun presentit the King’s Majestie’s Letter unto the Assemblie concernyng also ane Commission from his heines to concurr with the Assemblie, together with certain rowes containing the planting of the kirks, and the number of the presbytries, with the kirks of every presbytrie, qwhilk the Kirk ordaynit to be considerit be Mrs John Ross for Rosse, John Ines for Morray, the Commissioners of Aberdeene for Aberden, William Chrystisone for Merns and Angus, Duncan M‘Call for Dunkeld, Thomas Buchanan and David Fargusone for Fyfe, John Johnstoune and Mr Adam Johnstoune for Edinburgh, James Carmichel for Haddingtoune, George Johnstoune for Jedburgh, the Laird of Luce for Lanerk, Androw Hay for Glasgow, John Young for Dier, John Clappertoune for the Merss, William Duncansone for Gallaway, and to conveine the morne at sax houres to sicht the samen, and to report their judgement thereof to the Kirk.[22]
Mr Patrick Gallaway transportit to Perth, Mr Alexander Arbuthnott transportit to the ministrie of Aberdeene, and ordaynit to demitt the principalitie of the Colledge in the favours of Mr Nicoll Dalgleish.
Anent the King’s Majestie’s Petitioune presentit in wreite and exhibite to the Assembly this day be his Grace’s Commissioners, with the answer unto the Articles gine in be the Kirk unto his Heines, and the copie of ane Letter to be direct to the Barrones, Gentlemen, and Ministers, for unione and discipline of the Kirks, with the names of the persones to be chargit to take travells therein. The Kirk, understanding thereby the godly zealous meaning of his Majestie, praisit God greatly, that had movit his heart to have ane care of his Kirk; and first entering to the consideratione of the Answers made to the Articles of the Kirk, thocht good that thir Articles be insistit in at his Heines hand and Councill; his Honor and Councill to be earnestly desyrit to appoynt a Judge in Edinburgh to cognosce and judge upon injuries and wrangs done to ministers in executione of their office, and to punische according to the qualitie of the crymes, according to the forme of punischment to be gine in be the Kirk; and that his Heines wald appoynt Mr John Skeene procurator for the ministers that are so injured: 2^o, That an act of Parliament may be made concernyng the deposition of ministers, and the causes at lenth to be specified in this article: 3, That the benefices vaikand be disponit to the ministers where the benefice vaiks, if they be able, according to the meaning of them that conferred at Striveling.
Anent the King’s Petitions.
As to the first petitione concerning the forming of the Articles agreit upone in the conferrence, The Kirk appoynts Mrs Robert Pont, David Lindsay, John Skene, Thomas Craige, and John Craige, to that effect. As to the second, delayit quhill afternoone; as to the 3d, reasonable, and agreit upon: the haill rest referrit to the reasonyng at afternoone.
The Tennor of the King’s Majestie’s Petitions gine in be his heines Commissioners.
Instructions to our trustie and well-belovit William Cunninghame of Capringtoune, direct be us with advyce of the Lords of our Secret Councill.
To the Generall Assemblie of the Ministers of the Kirk convenit at Glasgow, the 20th of Aprile 1581.
Ye shall delyver our letter unto them, and let them understand that sic of their number as travellit with us, having desyrit of us answer to their articles sent from the Assembly halden in Dundie, 3d July last, We causit sum of our counsell conferr with them severall tymes in October last, as also now of late, qwhilks all finds the matter towards the thirds of benefices mentionat in the first of the saids articles, as the same is there requyrit, not to be the readiest meine, either to make the ministers assured of their stipends and livings, or yet to make us to have any reasonable support thereby, for reliefe of the commone chairges of our estate, there being so great alteratione and diminutione of the rents, and so great confusione utherwayes enterit in that matter, dureing thir 20 yeares and mair now bypast; and that thereby their behoves ane forme and order be prescryvit unto, mair licklie to have continuance to the posteritie to come: To the removeing of all occasions of complaint for the furtherance thereof, there is be commandment and advyce of sic of our councill and the ministrie as conferrit in this purpose, some forme drawne, how Elderschips may be constitute of a certaine number of parochines, lyand together; small parochines to be united, and the greit dividit, for the better sustentation of the ministrie, and the more commodious resort of the common people to their kirks. There is also the forme of letter of ours to be written to some of the principall noble and gentle men, and certaine of the ministers within the bounds of every Elderschip, to conveine, advyse, and reporte unto us their advyce in all things requyred be us in our said Letter, betwixt and the 24 of Junii nixt. This we thocht convenient to communicat with yow to the Assemblie now to be convenit at Glasgow, requyring them in our name to consider thereof, and to send to us their judgement and opinione anent this intendit wark, and of any thing they wald wische aither to be added or dimminished in the forme of our Letter utherwayes, before the same shall be directed: qwhairanent, if care and diligence shall be taken be them, as our intention, God willing, is to doe, to the forderance thereof, as becomes ws, We have no doubt, but God shall send fruitfull success of our travells, to the removeing of the greit disorders and confusions now standing for want of reformatione.
These grounds advysit weill and agreit upon appearandlie, it shall not only really, with reasonable tyme, make the ministers to be surelie provydit of their livings, but it shall bring the ecclesiasticall discipline to be farre better exercisit and execute over all this realme nor it is presentlie; it beand declarit first, what every Presbyterie may cognosce upone; nixt, what shall be in every Synodall Assemblie; and last, what causes shall be devolvit to the Generall Assemblie, and what persones shall orderlie neid to repair thereto, and to have vote therein. The reporte of thir our Letters returning againe the sooner, it may be provydit with diligent travells, in the good order now intendit, may take beginning at the first day of November nixt without delay, and if our Parliament upon any necessar occasione shall be conveinit. In the meane tyme, the said ordour, or sa meikle thereof as shall be in readiness, may be past and approvit in forme of law.
The second article was answerit in sic sort as we trust they were satisfied therewith.
To answer the third article, the desire thereof must be more speciall before it receave ane speciall answer: they have to consider in qwhais default and negligence the persons complaint upon in their forsaid article, remaynes unpunisched. Our answer to the first article is sufficient, qwhill upon farder advyse it may be made more speciall.
We doubt not also but our answer to the saxt article shall be found reasonable upon speciall conferrence had thereanent, and that their desyre, if it were grantit in the forme requyrit, could not but induce inconvenients.
There is order taken anent the desyre of the sevent article.
There is same order alreadie begune for the farther help of the Earle of Arrane, qwhilk shall be followit as occasione shall serve.
We have causit and yet will cause, the conferrence to be keepit, for furthsetting of all things requisite, that may set fordwart the Policie qwhill the same may be establischit be law.
Our former answers are reasonable, and no insisting has been in the contrare in the matter sensyne.