Part 25
We have receavit your Grace’s maist loving letter, direct to us by your Grace’s Commissioner, Mr Mark Ker, Mr of Requests, and are compellit to burst out most humble thanks to our God, qwho of his mercie hes gine us so godlie ane King, cairfull and weill willing that God be glorified, and his Kirk, within your Majestie’s realme, mentaint, as plainly be the articles be your Grace proponit: Qwhairunto, with all diligence, we begine to make answer, but in such shortness of tyme and great strait whereunto we are brought be certaine letters raisit at the instance of Mr Robert Montgomrie, we are altogether stayit in that and many uther godlie actiones: ffor upon the 27th of this instant, the Assembly being occupied in quyet and modest reasonyng of grave and weighty matters, he causit ane officer of armes irreverently to enter, and, under the paine of hornyng, commandit the haill Kirk from all proceiding against him, for whatsoever cause or enormitie committit in these his wicked attempts; a thing that was never heard nor seen since the world began; whairof we man lament unto your Majestie: And having no uther refuge under God, most humblie cravis, that be thir extraordinary chairges direct against the word of God and lawes of your Grace’s countrie, we be not constraint, either to betray the cause of God be beiring and winking at horrible crymes, manifest to all men in the persone of the said Mr Robert, or else to be reput and accountit disobedient to your Majestie, in whais service we have been, are, and shall be ready to sched our bloods and spend our lyfis; beseikand your Grace we may finde this grace and favour in your Majestie’s sicht, to keep our conscience clean before God, and reserve our saules to him who hes gine us care of the saules of his inheritance. This most reasonable request we doubt not to obtaine of your Majestie, our particular reasons being heard and considerit, qwhilk we mynde, by God’s grace, more largely to expone be certaine brether direct to your Majestie, both to this effect, and with a full answer to the forsaids articles. In the meane seasone, we beseik your Majestie, giue no credite to the sinister report and wrangous informatione of men, that, be such dealing, goes about to draw your Majestie’s heart from your trew and faithfull subjects, and be this unhappie schisme, to overthraw the Kirk of God within your Grace’s countrey, and, for their awne particular gaines, banische Christ and his word, (whilk God of his infinite mercy forbid,) and preserve your Grace, body and saul, for ever.--From St Androis, the 28th of Apryle, 1582.
As to the sentence to be gine against Mr Robert Montgomrie, and the enormities conteint in the acts preceiding, The Assemblie and brethrene present, after voteing in the said matter, depryvit the said Mr Robert from all functione of the ministrie in the Kirk of God, dureing the will of the Assemblie; and farder, decernit the sentence of fearfull excommunicatione to be pronouncit in face of the whole Assembly, be the voyce and mouth of the Moderator present, against him; To the effect that his proud flesche, being cast in the hands of Satane, he may be winne againe, if it be possible, to God; and the said sentence to be intimate be euery particular minister at his awne particular kirk, solemnlie in the first sermone to be made be them after their returning.
The instant pronunciation of the said sentence, beand stayit be the Moderator qwhill Monday at nyne houres, be reasone of the compearance of the said Mr Robert, who renuncit the appellatione interponit be his procurator in his name, and be himself before noone, from the sentence of the Kirk, and desyrit conferrence to be grantit to him of the maist godlie and learnit brether--qwhilk the Kirk grantit whill Monday at nyne houres, upon condition he remayned and wayted upon the doctrine and conferrence of the brether, and made no novatione of new chairges against the Kirk; who promised to attend upon the doctrine and conferrence of the brether the morne all day; and as to novatione or new charge, he should use or purchase nane in the meantyme, if the Kirk usit nane against him: And farder, the Assemblie ordayned prayers to be made the morne in the sermone for him, be them that occupyed the place for the tyme.
Sessio 11.
Anent the conferrence had yesternight with Mr Robert Montgomrie; to the effect that the brethren might understand what fruit had followit thereof:--First, they demanded of him, in presence of God, to tell the simple trewth of the accusationes that was layit to his charge of before, qwho, after prayer to God to be mercifull to him, grantit and confessit as after followes:--ffirst, He confest the command gine him be the Reader of Striviling to desist from his office: 2. Grantit baptizing of bairnes begotten in fornicatione, but tooke cautione of the parents to satisfy the Kirk, but not in presence of the Elders and Sessione: 3. As to the circumcision of women, remembers not that ever he preached it: 4. Grants he made promise to the Presbytrie of Striviling to await on his charge of the ministrie there, qwhilk he hes broken: 5. He confest that, upon the 20th day of Marche, he had mention made of his suspensione be the Presbytrie of Striviling, but he was not certaine thereof, for he could not haue the process of his suspensione: 6. Declareit that howbeit he knew the raising of many of the letters against the breither, yet he keepit the ordinarie dyetts thereof: 7. Grants the usurpatione of Mr David Weymes’ flock, qwhairin he confest that he had heavily offendit: 8. And sicklyke grants he hes heavilie offendit against God and his Kirk, be procureing and raiseing the charges against the Generall Assembly, and in accepting the Bischoprick of Glasgow, without advyce thereof. The said Assemblie, in proceeding be this forme of doing qwhilk he hes used--ffor the qwhilk he submitts himself in the will of the brethrene, willing to abyde their judgement, and to obey and underly such injunctiones as they will ordayne therefore.
And as to his simple meaning concernyng the estate of Bischops, and corruptione thereof; being requyrit openly, in the fear of God and uprightness of conscience, to declare the same, desyrit to conferr with Mrs James Lawsone, John Craige, Robert Pont, David Lyndsay, and the Laird of Culluchie, to the effect he might be farther resolvit, and give his simple meaning therein to the Kirk, qwherunto they agriet.
Anent the protestationes made be the Presbytries of Edinburgh, Dalkeith, and Linlithgow, against the sentence gine be the King and Secret Councill in favor of Mr Robert Montgomrie, findand them Judges to the saids Presbytries and Kirk, as the same beires; The haill Kirk, after the reading of the same sentence and protestatione, in ane voyce, adheirit thereto, lykeas the said Mr Robert, for his part, allowit the same and adherit therunto.
Sessio 12.
In respect of many inconvenients and misorder fallen furth be the ambitioune, covetousness, and indirect dealing of syndrie who gang about to enter in the ministrie, and, being enterit, uses unlawfull meanes to declyne all correctione and punischment for their offences: The whole Assemblie, in ane voyce, hes votit and concludit, conforme to the word of God and most godly acts of antient counsells, That no man pretendand to ecclesiasticall functione, office or benefice, be any absolute gift, collatione or admissione of civill magistrates or patrone, be letters of hornyng and qwhatsoevir uther means then is established be the word of God and acts of the generall Kirk, and hitherto ordinarly used within the reformit Kirk of Scotland; and sicklyke that nane beand receavit to ane ecclesiasticall office or benefice, seek any way be the civill power, to exeme and withdraw themselves from the jurisdictione of the Kirk, nor procure, obtayne, or use any letters or charges, ather be themselves or any uthers in their name, or at their command or instance, to impare, hurt, or stay the said jurisdictione, discipline, correctione of manners, or punischment of their offences and enormities, nor to make any appelatione from the Generall Assemblie, to stope the discipline and order of ecclesiasticall policie and jurisdictione grantit be God’s word to the office-bearers within the said Kirk, under the paine of excommunicatione, summarly and without any proces or admonitiones, to be pronouncit be the judgements of the Elderschip, be Minister or Ministers, to be appoyntit be them thereto, how soon it is knawne that any one of the saids heids is transgressit; and this act to be nowayes prejudiciall to the laic patrones and their presentationes, unto the tyme the laws be reformit according to God’s word.
Anent the conferrence with Mr Robert Montgomrie: The said Mr Robert compeirand in face of the haill Assemblie, declared and promised before God, that he sould neither meddle nor attempt farther concernyng the Bischoprick of Glasgow, nor bruik, use, nor take upon him the same, or any office within the Kirk, by the advyce and consent of the Generall Assembly of the Kirk; renouncand the letters and chairges gine be him againes Mr David Weymes, protesting that in this matter concernyng the Bischoprick of Glasgow he meines no utherwayes nor the haill brether does.
Forsuameikle as the Sabbath day many wayes is prophaned to the great dishonour of God, and speciallie be halding mercats alsewell in burgh as in landwart that day; The Assembly of the Kirk injoynes straitly to every Elderschip within their awne bounds, to take order therewith as they may, of the law of God, as they will schaw their zeall towards God and the Kirk.
The Generall Assembly of the Kirk, in ane voyce, giues full power and commission to Mrs James Lawsone, John Craig, Robert Pont, David Lyndsay, John Braid, and John Durie, to pass to the King’s Majestie, and schaw unto his Heines, That concernyng the Articles he sent be his Majestie’s Master of Requests, to have been answerit be the Kirk, being so weightie and important, a pairt of them also appearand to be obscure and captious, they could not presently resolve thereupon: nottheless, for the better resolving thereof, they have ordained certaine brethren to conferr thereupone qwhill the next Generall Assemblie, quhilk they have appoyntit shorter to that effect: Farther, lamentablie to deplore unto his Grace, qwherin the jurisdictioune of the Kirk is and hes been heavilie hurt and prejudgit, and namely be the letters dischargeand the Presbytries to proceed against Mr Robert Montgomrie; charges of horning used against the haill Kirk of Scotland, be the decreit and sentence of the Secret Counsell, finding them judges in the actione of Mr Robert Montgomrie;--missives sent to gentlemen to assist to the placeing of him in the pulpit of Glasgow, against the will of the Kirk;--giving of benefices, _pleno jure_, and of all Abbacies in heritage: and, with all humilitie, dew reverence and gentleness that appertaynes, to exhort his Majestie to the reforming heirof, and maintaining of the jurisdictione gine be God unto his Kirk, as also to giue admonitione unto the Duke’s Grace, Earles of Arrane and Gowrie, in the premises, and what they doe herein, to report to the next Assemblie.
Ordaynes the particular Elderschips to haue ane copie of the Articles sent be the King’s Majestie, that they may be better resolvit to giue advise by their answer thereto at the next Assembly.
Anent the corruptione of burialls in the citie of St Androis; the Kirk ordayns Mr Patrick Adamsone to put the commissioune gine to him in the last Assemblie thereanent, to dew executione in all poynts, after the tenor thereof, under the paine of disobedience.
Ordaynes Mr Craig to lay an order for collecting the Acts of the Kirk, betwixt and the next Assemblie.
The Assemblie nominats brethren in all pairts of the countrie for erecting of the Presbytries where the same as yet are not erectit.
Articles to certaine doubts proponit concerning the Presbytries.
1. That the Moderator may continow from the Assemblie Synodall to the next Synodall: his electione to be, be the particular Presbytrie.
2. That the number of such as are associat to the Elderschip for discipline and correctione of manners, that are not Pastors nor Doctors, who travelleth not in the word, be not in equall number with wthers, but fewer; the proportione as the necessitie of the Elderschip craves.
3. Concernyng such Elders as verses not in the word, thair resort to the Presbytrie shall be no farther straitit, but as the weightiness and occasione, upon intimatione and advertisement made be the Pastors and Doctors, shall requyre; at qwhilk tyme they shall giue their godly concurrence--exhorting them alwayes that may commodiously resort, to be present at all tymes.
4. Such of the ministrie as does not resort to the exercise and presbytry shall be subject to the penaltie arbitrall to be appoyntit at the discretioune of every particular presbyterie, the samen to be agriet upon be the subscriptioune of every minister thereof; and if any be found to disagrie thereto, to be complaint upon to the Generall Assemblie next to come, and the order qwhilk every presbytrie takes, to be sichtit, and thereof, a good order to be established for the haill.
5. It is thocht meit that the same day qwhilk is the day of the exercise, be in lyke manner the day of ecclesiasticall processes; and if the brether thinks necessare for the haisty expeditione of the processes, that they may appoynt dayes, tymes, and places therefore, by the day of the exercise.
6. It is not thocht expedient that the Presbytrie be astrictit to direct their Moderator to the Assemblie, but libertie to chuse such as they think maist expedient for the comfort of the Kirk.
7. It is thocht meet that visitatione be exceptit _e re nata_, within the bounds of the Presbytrie, and the same not to be limitit to the Moderator, but to such ane or ma, as the Presbytrie shall direct, for the necessitie of the matter, according to the Kirk’s policie.
8. The Clerk and Moderator shall subscryve, in grave matters, ane forme of proceeding in the name of the Elderschip; and quhill God provyde some better contributione in every particular Kirk of the Elderschip for his intertainment.
9. The minister of the paroche shall cause execute the summonds concerning his paroche, and beare the burden of such things as shall be direct from the Presbytrie, or some deput be him, within his paroche.
10. Concernyng ane generall order of admissione to the office of Elders, referris it to the order usit at Edinburgh, qwhilk we approve.
11. As for collatione of benefices, and designatione of manses and gleibs; the Moderator of the Presbytrie where it is requisite, and for the satisfaction of the act of Parliament, that they have a speciall commission of the Kirk for that effect, qwhill it please God to move the King that the laws may be better reformit, provyding the Moderator doe nothing butt the advyce of the Presbyterie.
12. It is proponit to the Kirk qwhair there is no Presbytrie, nor cannot be gottin, qwhat order shall be of admissione, of collatione and designation of benefices.
13. As for the number of Kirks, how many shall be in every Presbytrie? Referris to them that hes the Commissione to establische Presbyteries.
14. The forme of proces in weightie matters to be in wreit, at the discretioune of particular Presbytries, _e re nata_; in uther things verball.
15. For any that will not receave office of Elderschip, and travell not in the word, we may exhorte, but not compell.
Sessio 14.
Ordayns a general ffast, to be keepit universallie, in all kirks of this realme, with doctrine and instructione of the people, to begin the first Sonday of Junij next to come, and to continow to the next Sonday hereafter, inclusive, useing in the meane tyme, exercise of doctrine, according to the accustomit order; and the King’s Majestie to be certified be the Commissioners sent to him, and desyrit to hald hand thereto be proclamations to be sent out to that effect.
_Causes._--Universall conspiracies of the Papists, in all countries against Christianes for executione of the bloody Counsell of Trent. 2. The oppression and thraldome of the Kirk of God. 3. Wasting of the rents thereof without remedie. 4. Falling from the former zeal. 5. Flocking home of Jesuits and Papists. 6. Manifest bloodshed, incest, adulteries, with such horrible crymes defylling the land unpunisched. 7. The danger qwherin the King’s Majestie stands throw evill companie resorting about him, be qwham it is feared he may be corrupted in manners and religione, and universall oppressione and contempt of the poor.
Ordaynis every Presbytrie within their awn bounds to try the ministers of the same, and if any offences beis found, to punische the same, according to the qualitie and estate of their crymes, betwixt and the next Generall Assembly of the Kirk.
Anent persones desyrand to enter in the functione of the ministrie: the Kirk ordaynes the particular Presbytries to try and examine them; and such as they find qualified, to provide them to kirks.
The nixt Assembly appoyntit at Edinburgh, the 24th of October nixt, except some necessar occasione interveine, be the advertisement of the Elderschip of Edinburgh, and the King’s Ministers, qwhereby they may be brought together sooner.
[FORTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk conveint at Edinburgh, the 27 of June 1582; Qwhair there were present the Commissioners.
Sessio.
Exhortatione made be Mr Andrew Melvill, qwho was continowit Moderator unto the nixt Assemblie.
Anent the lang discourse made be John Durie, of his calling before the King’s Majestie and Counsell, his answer, and haill proces used against him: as also a charge to him this day, be the King’s letter, to remove off the towne; cravand in end the good advyce of the brether, qwhither he sould remove from his flock according to the charge, or remaine according to his calling, being allwayes readie to follow their determinatione, howsoever the brether thinks expedient to giue it: The Kirk direct David Fargysone and Mr Thomas Buchanane to the King’s Majestie, to understand his meining therin, and to crave at his heines, the performance of the promise made to certaine breither concernyng him; as also to lament unto his Heines the case of their brether of Glasgow, chargit to St Johnstoune, and to make sute for them to this effect: also ane missive to be direct to Johne Duncansone to concurr earnestly with them.
Sessio 2.
Anent the desyre of the Commissioners direct from the Councill of Edinburgh to the Assemblie, craving their counsell anent the charge given to the Proveist, Baillies, and Councill of Edinburghe, for removeing of Johne Durie their minister: The Kirk ordained Mrs James Lawsone, Thomas Smetowne, Andrew Hay, Robert Pont, David Lyndsay, and John Craig, to concurr with such as the Counsell will deput, the morne to consult, conferre, and reasone concerning that matter.
Sessio 3.
Anent the information made be John Durie, that certain brether, direct from the Councill of the Towne, movit to him, as appears, of good affectione, hes desyrit him, for avoyding of the danger that may fall upon his flock, to absent and withdraw himself a space off the towne privilie; desyrand him to understand the good judgement of the Kirk; protesting, for his awne opinione, that because his removeall may be prejudiciall to the commone cause, and his privie departing appear an accepting of the voyce upon him wherwith he is unjustly chargit; that without their counsell herein, his awn deliberat mynde is, to abyde it with the hazard of his life: And farther, sieing that his doctrine qwhairof he was accusit in councill, in force and substance was justified at his own Presbytrie, and be his awne session of Edinburgh, That the brether wald give him that testimoniall, that he hath travellit faithfully in his vocatione, no fault being found with him in his doctrine, or imput to his lyfe; as also, if it please God, that he be compellit to remove, that he may have liberty elsewhere to preache the Evangell, where it shall please God to give him the occasione of tyme and place for discharge of his awne conscience and calling:
The brether, after good advyce and deliberatioune, in ane voyce thocht it not meit that he sould remove off the Towne privilie, but abyde the charge to be gine be the Proveist or Baillie to him; and as to his doctrine, life, and conversatione, the haill Kirk acknowledget nothing in him but sound, trew, and wholesome doctrine, upright and honest in life and conversatione, giving him libertie in caice of his removal to preache the Evangell faithfully, where God shall offer the occasione, until the tyme it please him to restore him to the charge of his awne flock.
The Kirk gives their full power and commissioune to Mrs Alexander Arbuthnott, Adam Johnstoune, and David Home, to pass to the Duke’s Grace, to make informatione to him of the great sclander of Mr Robert Montgomrie in his societie, sen the tyme of the sentence of excommunication pronuncit against him; to intimate unto him the said sentence with gentle and discreit persuasions; to schaw the danger thereof, and what the acts of the Assemblie hes concludit against the receivers and maintayners of excommunicat persones; desyring him earnestly to remove him from his company, and to gine admonitione to him to that effect; and in caice he continow inobedient, that the Kirk will proceid against him according to their acts.
Sessio 4.
John Duncansone presentit ane letter from the King’s Majestie concerning the Laird of Mynto, and certaine of the magistrates and citizens of Glasgow, desyrand, in effect, that matter to be handlit before the Counsell, with credit to be gine to the bearer, quho utterit his credite and schew, That his Majestie continows, and sall constantly continow to the end, in the trew professione of the religione presently establischit within this realme; and as to the action of Glasgow, upon supplicatione to be gine into the Counsell, such order shall be taken therwith as the Kirk shall be therwith satisfied.
Anent the summonds produced against the said persons to hear tryall taine of the violence done be them against Mr John Howesone, and to hear them convict, excommunicat, and casten furth of the societie of the faithfull, for the committing of the said hynous offence and sclander; as the summonds dewlie execute and indorsate at lenth bears:--The saids persones all being callit, and nane compearand except John Grahame, quho denyit the contents thereof for his parte,--The saids summonds being given to probatione, and Mrs John Davidsone, John Hamiltone, Andrew Knox, Patrick Walkingschaw, Thomas Jack, Richard Wright, Archibald Eglintoune, and John Stodard, being sworne, recevit and admittit witnesses, the Kirk ordaynit them to be present the morne in the mornyng, before the Moderator and his Assessors, to depone in the said matter.
Sessio 5.
The brethren direct to the King’s Majesty concerning John Durie and the brethren of Glasgow, Reportit his Grace writing, in effect bearing, that at the cuming of the said Duke’s Grace, who had interes in that matter, cautioning the said John, upon supplicatione to be gine in, consideratione sould be had thereof; and as to the brether of Glasgow, the action of qwhilk the Kirk hes in their hands against the Provest of Glasgow and his colleagues, being superscedit, he wald dispenss with the brether of Glasgow, to the saxt day of July nixt to cum; as the letter at lenth bearis.