Part 24
Ordaynes ane supplication to be made to the King’s Majestie and Lords of the Articles, that no acts be past in Parliament repugnant to the trew word of God, and namely concerning bischops, with scharp admonitiones therein, to be pennit be Mrs Thomas Smetowne and Andrew Melvill, and the samen to be presentit with the articles the morne, at aucht houres, be Mrs James Lawsone, David Lyndsay, Andrew Melvill, Andrew Hay, Thomas Smetowne, and Johne Braid.
Sessio 23.
The Assemblie giues full power and commissione to the presbytrie of Striviling to summond Mr Robert Montgomrie, minister there, before them, and to try and examine his lyfe and conversatione; and accusatione, to be gine in thereanent, with all possible diligence; and what they find therein, to report to the next Synodall Assemblie of Lawthiane, to qwhom the Assemblie gives power to proceed against him, according to the tryall of process deducit before the said presbyterie, under the pain of disobedience: Sicklyke, charges the said Mr Robert to continew in the ministrie of the kirk of Striveling, and not to medle with any uther office or functione in the Kirk, namely, in aspireing to the bischoprick of Glasgow, against the word of God and acts of the Kirk, or to vex any of his brether with his admissione thereto, under the paine of excommunicatione to be led against him: whereunto if he disobey, as after tryall taken of his disobedience be the said Presbytrie, the sentence of excommunicatione to be execute be them, with advyce and concurrence of John Durie, David Fargysone, John Duncansone, and John Dykis, and this charge to be intimat be the Moderator of the Assemblie to the said Mr Robert, that he pretend no ignorance thereof.
The Articles and Supplicatione to be presentit to the King’s Majestie and Lords of Articles, were read and allowit; the tenor whereof is not sett downe in the originall.
[FORTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assembly, conveint at St Androis, in the New Colledge Schools, the 24 of Apryle 1582, where there was present the Commissioners.
Sessio.
Exhortatione made be Mr John Craige. Leitts, Mr Andrew Melvill, David Lyndsay, and David Fargysone: The said Mr Andrew, be plurality of votis, was chosen Moderator _hac vice_; at qwhais desyre Mrs John Craige, James Lawsone, Andrew Hay, David Lyndsay, Robert Pont, Thomas Smetowne, Andrew Polwart, Thomas Buchanane, Patrick Adamsone, my Lord Rector, the Lairds of Lundie, Merchinstoune, Braid, Pilrige, Elphinstoune, Patrick Kynnynthmond, and John Johnstoune, Commissioners of Edinburgh, were nominat Assessors.
Sessio 2.
Anent Falkland Presbytrie being at thrie ministers, qwhairof ane was fund sclanderous; it was answerit, that the brethren could establish no Elderschip there, bot they thocht meitest, qwhill God increased the number of preachers there, that their resort sould be to St Androis, if the Assembly thought it expedient.
The Assembly ordaynes these of Falkland, be-east Levine, to resort to St Androis; and these be-west to Dumfermling, unto the tyme it please God to giue commoditie of ministers and elders, that they may have their awne Elderschip.
It was reportit to the Assemblie, that ane Elderschip is begune already in St Androis, of pastors and teachers, but not of these that hes the cure of teaching.
Sessio 3.
Forsuameikle as, notwithstanding of many diverse godly acts and proclamations sett out be the King’s Majestie, as acts and constitutiones made be the Kirk against Papists resorting within this countrie from beyond sea; yet, from tyme to tyme, there arryvis syndrie professing plain papistrie, be moyen of the maisters and owners of schips receiving them in their vessels, and transporting them in thir pairts, unknawne either to magistrate or Kirk; wherthrough no just tryall could be had of them: For remeid thereof the haill Kirk hes votit and thocht meit, that in tyme cuming, all masters and awners of schips arryving within whatsumever port of this realme, strangers and passengers shall, immediately after their arryvall, present their names to the Magistrate and Sessione of the Kirk of the townes and ports where they arryve, to the effect that the knawledge may be had if they haue inbrocht any papists, under the paine of excommunicatione and censures of the Kirk to be execute against them; and this Act to be publickly intimat to the ministers of the saids townes and ports,--to the effect that no ignorance be pretendit heirof; and suchlyke, supplicatione to be made to the magistrates of the saids townes and ports, that they will giue charge and commandment to all masters and owners of schips within their bounds, to receiue no papists within their schips, to transport to this countre: and in caice any be receivit, to present their names immediatly after their arryvall unto the said Magistrates and Kirk, that order may be taken with them, under such strait paines and acts as they can best devyse; as they will declare themselves zealous of God’s glory, and promoters of the word of his Sone Jesus Christ.
Sessio 4.
The Kirk ordayns the Elderschip of Dumfermling to call before them, Robert Aytowne of Inchbervy, to giue confessione of his faith; and if he refuises, to proceed against him conforme to the King’s proclamation and acts of the Kirk.
Forsuameikle as the Kirk understands, that there is certaine papists in Camphier, that not only troubles the congregatione of the Scottishe natione, but also the Fleymingis, and will not submitt themselves to the censures of the Kirk, be reasone of their alleadged priviledges: heirfore the haill Kirk of Scotland, in ane voyce, gives their full power and commissione to the minister of Camphier, to proceid against them, as they ought to doe therein themselves; requestand also the Conservator to hold hand unto the Kirk, that order may be had against them.
Sessio 5.
Mr Mark Kar, my Lord of Requests, presentit ane letter to the Assemblie from His Majestie, the substance whairof is conteinit in the Articles after following.
Articles from his Majestie.
1. Qwhither think ye that all benefices under Prelacies, newlie provydit since the King’s corronatione, sould pay any thrid, or no thrid?
2. If some sould pay thrids, and some nane, what shall be the difference?
3. Should not all benefices presentit to Ministers and Readers before the first day of November 1581, be allowit in their year’s stipends from the same day of the first day of November 1582; and if ye think that there shall be any difference be reasone of the annat or utherwayes, that ye declare it?
4. Should not all persones presentit and admittit to benefices in this tyme, be placed in the book of Modificatione, as Ministers or Readers, the kirks belangand to the same benefices?
5. Aucht such, being ministers, as hes sufficient ecclesiasticall livings of their awne, be reasone of benefices qwhairunto they are provydit for their lifetymes, take stipends to serve at uther kirks?
6. Think ye it not convenient, that the Reports answering to the King’s Majestie’s letter, send over all the realme this last summer, shall be sein and considerit at this tyme, for the better understanding of the estates of the kirks, and to see how many of the same reports are in your awne hands, for so many as the Clerk of Register hes shall be readie and patent?
7. That ye latt us wnderstand what ye haue thocht meit and concludit, anent the Readers in generall, and speciallie Readers that are presentit to viccarages for their lyfetymes?
8. Think ye it reasone, that any presentit to the title of a benefice, and serving as minister and reader at the only kirk belonging to the same benefice, shall haue any manner of allowance or stipend nor the rent of the selfe same benefice?
9. What think ye most readie and possible to sustaine the colledge kirks?
10. To qwhom think ye the King’s Majestie and the lawit patrones sould direct the presentationes for admitting qualifiet persones to such benefices as shall happen to vaike, be the deceiss of the present possessors of them, and that ye will name the persones in speciall?
11. Seeing the dearth of victualls maks great inequalitie of stipends, some haveing victuall allowit for ane mark or xx. shilling, and uthers of that silver assignit to them, constraint to buy at 5 or 6, or sumtymes 7 merks the boll; were it not agrieable to equitie that all ministers had their proportionall part of victuall and money, or else that the victuall sould be sauld or allowit at the hyest pryce, qwherthrough such as hes small stipends may be the better augmented?
Answers to the Articles.
1, 2. To the first and second: before they be speciallie answerit, it is thocht meitest, that there be ane forme of assignatione made be some to be appoyntit thereto, betwixt and the next Assemblie, to all kirks and ministers that are licklie to stand and continow, respectand the answers and advyce sent out of everie countrie, and as if the present possessors were dead; and that chairges be direct to such as hes not sent their answer, to send them with expeditione.
3. It is thocht meitest that the intrant to any benefice shall enter and serve the cure of the kirk thereof, at the next first day of November, after his admission at the next Whitsonday, and shall have no farder stipend for this year, but the taxt or superplus, as it falls; because his executors will fall alse meikle at his deceiss, according to the ancient order of the annatt: and that diligence be done to gett rowis of all benefices taxt; and qwhatever benefices are not taxed, the rents thereof the first year to be devydit equallie betwixt the executors of the defunct and the intrant; qwhilk intrant shall only have the half fruits of the year of intrantie, and sicklyke of the stipends.
4. We think nane sould be placit in the book of modificatione but worthie and qualified persones; and if any be presentit or admittit to benefices since the King’s coronatione, that are unworthie or unable to discharge their dewtie, that they be callit and depryvit, be such order as shall heirafter be condescendit upon.
5. For the generall, we think that such being ministers, as hes sufficient livings of their awne, be reasone of benefices qwhereunto they are provydit for their lyfetymes, sould not take stipends to serve at uther kirks, without great necessitie seen and allowit be the General Assemblie; and upon the speciall knawledge of the persones that are not able in this head, order shall be taken to reforme them as appertayneth.
6. We think this thing most necessar and agrieable to that qwhilk is appoyntit in the answer to the first and secund articles.
7. This article shall be speciallie answerit, how soon it may be advysed be the Generall Assemblie.
8. Upon the sicht of the forme of the particular assignation to be made, and what particular causes shall fall under this rule, We shall give our speciall answer heirunto, qwhilk is concludit, and will depend upon the answer to be made to the first and second articles.
9. We cannot but think it reasonable, that the Colledge Kirks be also weill provydit of ane minister as wther kirks; and thinks, that in making new assignationes for the next year, the ministers of the Kirks of the Colledges, sould be assigned for his stipend upon the fruits of the same kirks, alseweill being assignit to the help of the Colledge wtherwayes, or then the Colledge to haue the rents of the kirks as before, and the minister to haue his assignatione utherwayes.
10. The presentation to be directit to the Commissioners of the Kirk within whais bounds the benefices lyes.
11. This matter is weightie, and touches manie, and cannot be weil answerit be us, without the advyce of the Assemblie, to qwham it shall be proponit, and thereafter resolute answer given.
As the examination and admission of Ministers within this realme is, be act of Parliament, ordaynit to be in the power of the kirk, now openly and publickly professt within this realme, so it is thocht, that the deprivatione of ministers is in the power of the same kirk, and them that admitts and examinats them, ministers.
Towards the deprivatione of Bischops admittit since the King’s coronatione: it is thocht meit that the same be lykewyse in the power of the Kirk, and them that examinats, elects, and admitts Bischops, and the same deprivatione alseweell to extend from this functione of the ministrie as from the benefice itself and fruits thereof, qwhairthrough the same may be declaired vacand, and to be presentit and conferrit of new, as if he were naturallie dead.
Causes of deprivatione we take it to be--heresie, papistrie, common blasphemie, perjurie, adulterie, fornicatione, incest, slauchter, theft, common oppression, common drunkenness, wsurie against the lawes of the realm, nonresidence and absence from his flock and office be the space of fourtie dayes together in ane year, without lawfull impediment allowit be the Generall Assemblie; pluralitie of benefices provydit sen the King’s coronatione, to be cause of deprivatione from them all except ane, that the possessors will astrict themselves to make residence at the same; dilapidatione of the rents of benefices contrare the act of Parliament; simonie: For the forme of deprivatione, ane lybellit precept on fourtie dayes warning within the realme, and within sixty dayes being without the realme, to be direct to the Kirk and such Commissioners thereof, as elects and admitts the persone complaint on--summonding him to compeir and answer upon the complaint; and, in caice of his absence at the first summonds, the second to be directit upon the lyke warnyng, with certification if he failzie, the lybell shall be admittit to probation, and he shall be haden _pro confesso_. Efter the decreit gine, if the persone against qwham it is gine think himselfe wrangouslie grevit thereby, it shall be leisum to him to interpone appellatione to the next Generall Assembly, and intimat the same within ten dayes, utherwayes the decreit to receive present executione.
Sessio 6.
Anent the questione moveit to the Assembly, If the Generall Kirk hes power to revoke whatsoever things done be them, or any particular member of the same, to the hurt and prejudice of the Kirk, or not?
The brethren, after reasonyng and disputting in the matter, at lenth votit _affirmative_ in the questione--that the Kirk hes power to doe the same.
Anent the summonds raisit, to this day, by the Elderschip of Striviling against Mr Robert Montgomrie, minister ther of sumtyme, to heir the sentence of suspensione gine in against him from the ministrie allowit be the Generall Assembly; and farder to the clause concernyng his life, manners, and doctrine, and uther things qwhilks the said Assembly sould lay to his charge; as the summonds at length beares: The said Mr Robert being present, and requyrit to answer heirto, before all protestit, that if the Kirk proceeded in any thing against him, or charge him without warrand of the word of God, for remead and answering to the summonds, albeit the Generall Kirk sould not allow any thing deduced in the said proces; because he was never lawfullie summoned thereto, knew nothing thereof his suspension from the ministrie, but the only bruit, nor never was the samen intimat to him, and in so farr as the proces being personall, intimation to him of the said suspension, took instrument thereupon, and offerit to improve the samen in that poynt: With all the qwhilks alleadgences, the Kirk and brether weell advysit, notwithstanding thereof, Finds the said proces, decreit and intimatione thereof, ordourly deducit and proceidit, and the said suspensione well proceidit and gine; reserving nottheless to the said Mr Robert, in the secund instance, to sute reductione and remeid, as appertayneth.
Being farther accused of contraventioune of the said sentence of suspensione be preaching of the word, and ministratione of the sacraments afoir the intimation thereof, he granted the same, but pretended ignorance of the giving of the said sentence.
Before farther reasonyng in this matter, my Lord of Requests presentit to the Kirk, a wryting sent from the King’s Majestie unto them, to declare that his Majestie’s will was, That the Kirk should not trouble the said Mr Robert for any thing concernyng the bischoprick, or that may result thereupon, or of any uther cause bygane, committit be him; but that it might be handlit before his Grace: Qwhilk being reverently receavit and read in open Assemblie, the breither praisit God that movit the King’s heart, to send his Commission to the Assemblie; and as to the action present, with the assistance of God, such attendance sould be gine thereto for his Grace’s request, that nothing sould be handlit belonging to the civill power, and nothing but uprichtlie, sincerly, and with the just judgement pronuncit against him, as they sould answer to God and his heines.
Sessio 7.
Hereafter ane plaine and lange discourse was made openly, of the haill diligence of the brether to qwhom Commissione was gine in the last Assemblie, concernyng the said Mr Robert, and the copies of the charges given to them at his instance, producit, declareing and bearing effectuouslie, witnessing of his knowledge of the said suspensioune, albeit he plainly protestit before God, he never knew of the raising of any of the said charges or executiones thereof; with the qwhilk discourse and confessione of the said Mr Robert, that he had preachit and administrat the sacraments sen the said decreit of suspensione; The Kirk being advysit, in ane voyce, after voting, ffand the said decreit and sentence violat be him, and superceidit to decerne upon the paine of the said contraventione, qwhill the morne that the brether first conveining.
The said Mr Robert demandit the answer of the haill Kirk, if they wald accuse him of any thing concerning the Bischoprick or any thing resulting thereupone: 2dly, That he might have the copy of the large discourse made verballie be the brethren, to the effect he might answer simply to every poynt thereof.
Being removit out of the Assembly, within a little space thereafter compeirit John Burne, messenger, and be vertew of our Soveraigne Lord’s Letters, delyvrit be the Lords of Secreit Councill, inhibit and dischargit the brethren of the Generall Assembly, the Moderator and his Assessors, from directing any citations against Mr Robert Montgomrie, as is therein contenit, wsing of excommunication, innovatione, sclandering or troubling of him in his ministrie, for aspyring to the Bischoprick of Glasgow, or calling or persewing of his breither for the same, or for any promise made be them thereanent, or any uther thing dependand thereupon, in tyme bygane, under the paine of rebellion, and putting of them to the horne; certifyand them and they failzie, he wald denunce them our Soveraigne Lord’s rebells, and put them to his heines horne: of the qwhilk charge he delyverit instantly ane copie qwhilk he subscrived with his awne hand.
The said Mr Robert being callit again, and being absent, the brether ordaynit Mr Thomas M‘Kgill to warne him the morne.
Anent the age of persones that shall hereafter enter in the ministrie of the word: seeing that sundry hes been intrusit upon the Kirk, and presentit to benefices having cure, that be reasone of their young yeares and laick of experience and judgement, that cannot be able to discharge that high and sacred vocatione, qwherunto they are callit; The Kirk of ane mynd hes votit and concludit, that in tyme cuming, naine be admittit to the functione of the ministrie, nor collationat, nor admittit to any benefice of cure, without they be of the age of twenty-fyve yeares, except such that for singular and rare qualities into them, shall be judgit be the Generall Assembly meit and worthie thereof.
Sessio 8.
Anent the ordinance made yesternight concerning the summonding of Mr Robert Montgomrie, to compeir before the Assembly this day at ten houres: the said Mr Robert being callit and not compearand, but be William Montgomrie his alleadgit procurator, qwha producit ane appellatione qwhereof the tenor heirafter will appear.
Compearit Mr Robert M‘Kgill, and declareit, that at command of the Assembly, he warnit him yesternight to compear at this houre, before the haill Kirk, personallie, in presence of Mrs Walter Hay, John Cowper, and Andrew Ker, and that he promised to compeir personallie at the hour appoyntit, qwhilks the said brether and witnesses testified to be trew.
Hereafter was certaine speciall and innorme crymes producit and read, qwhairof he was alleadgit to be guiltie. 1. Negligence and corruptione in doctrine, also dissollutione in lyfe, for the qwhilk he was suspendit; contraveining of the suspensione in Glasgow, Strivelling, and in the King’s owne chappell; violating of his promise made to the Presbytrie of Striviling, that he sould remaine and wait upon his cure; horrible lies in the face of the Assemblie, denying, with protestatione before God, the intimatione of the suspension, and raiseing and executing the letters; procureing of letters be sinister informatione for overthrowing the discipline of the Kirk; usurping an uther man’s flock, accompanied with armed men since the suspensione; chairging of the haill Assemblie, under the payne of hornyng, to stay with all proceiding against him with excommunicatione; blasphemous railing against the brether and ministrie in pulpit, sen his suspensione, and of before; and, _in summa_, manifest contempt of the ordinance of the Kirk, and stirring up of ane fearfull schisme betwixt certain of the nobilitie and the Kirk: Qwhilk being tryit, pairtlie be his awne confessione, pairtly be the proces deducit be the Generall Assembly halden last in Edinburgh, and be the proces deducit before the Elderschip of Striveling, and partly be the testimonie of good and godlie brethren of the Assemblie, were found all to have falline in his persone, and him to be culpable and guiltie thereof: for the qwhilks haynous, fowll, and most unworthie crymes, the Assemblie of the brether votit and concludit the said Robert, not only unworthie to serve in the office of the ministrie, but to be depryvit thereof perpetuallie, in all tyme cuming; and the sentence of excommunication to strick upon him, without he prevent the same be repentance.
My Lord of Requests cravit of the Kirk, that the pronouncing of the said sentence sould be superseidit qwhill the King’s Majestie were advertised. The Kirk heirto continouit to giue answer qwhill thair meeting at afternoone.
Sessio 9.
The letter written to the King’s Majestie in name of the whole Kirk, being read, was thocht good to be delyverit to my Lord of Requests; whereof the tenor follows:--
Pleas your Majestie;