Part 26
Anent the proces deducit against the Provest of Glasgow and his colleagues, The Kirk ordayns Mrs James Melvill, John Porterfield, and Patrick Scharpe, to examine the remanent witnesses afternoone, qwho are producit and unexaminat, and, in the meanetyme, further proces to stay; lykeas the saids witnesses war examinat at the tyme appoyntit be the saids breither.
Sessio 6.
Anent the actione layde against the Laird of Mynto, Provest of Glasgow, and his colleagues, The haill Kirk, after publick reading of the proces, and probatione used in the matter, and dew consideratione and examinatione thereof, being weill and ryply advysed therewith, Finds the cryme, as it is verified, proven and tryed before them, to deserve to be punischit with excommunicatione; and, nottheless, at the King’s Majestie’s request, continewes the pronuncing of any sentence against them to the saxt of July nixt, qwhilk is the day of the conventione of the Nobilitie at Perth, qwhere hope is gine of repair: Givand, grantand, and committand also, full power and commissione to the Commissioners, direct be them unto the King’s Majestie and Councell to the said conventione, in case they should not see remeid there put to the matter, betwixt the said day and the 24th of the said moneth, or sooner, at their discretione, to proceed and giue forth sentence in the said cause, and to appoynt severall persones to the executione thereof, as they will answer to the Kirk; and ordaynis reporte to be made of this continuatione unto the King’s Majestie.
Anent the place occupied be John Durie, ane of the ministers of Edinburgh, presently removit off the toune, the Kirk present, inhibites and discharges the Kirk and Presbyterie of Edinburgh, to elect, choose, or admitt, in any wayes, any minister in his place of the ministrie thereof; dischargeing also all ministers, or that aspyres to the ministrie, to attempt the usurping or taking upon them of his charge and place thereof, except at the desyre of the ministers of Edinburgh, to relieve them, at all tymes, qwhill the Generall Assembly of the Kirk be farder advysit; and, in caice any shall be chosen and electit, the haill Kirk decerns the said electione and admissione to be null and of nane effect.
The Duke of Lennox answerit to the breither that was sent to him concernyng the mayntayning of Mr Robert Montgomrie, was first a interrogator,--Whither the King or the Kirk were superiors? And, thereafter, that he had command of the King to maintayne him, and of his Counsellors; and, qwhill he were contramandit be him, he wald not remove him.
The Kirk having considerit his answer, Ordaynes the brethren of the ministrie that gangs in commissione to Perth, as they sie occasione there, and the grieff not remedied, touching his maintaining of the said Mr Robert, To proceid and appoynt speciall men, that sall proceed farther against him with the censures of the Kirk, according to the acts of the Generall Assemblie, to qwham the Kirk gives their full power to that effect.
The Generall Assembly, in ane voyce, Gives their full power and commissione to the Right Honourable and their belovit breither John Erskine of Dune, the ministers of the King’s Majestie’s houss, Mrs Robert Pont, James Lawsone, Thomas Smetoune, Andrew Hay, David Lyndsay, Andrew Polwart, Peter Blackurne, Patrick Galloway, William Chrystesone, David Fargysone, Andrew Melvill, Thomas Buchanan, John Braid, Patrick Gillespie, John Porterfield, ministers, and Mr Andrew Melvill, to repare towards the King’s Majestie and Councill to be conveint at Perth, the saxt day of July nixt, and there, with all dew obedience, reverence, and submissione, present to his Heines and Nobilitie the speciall greives of the Kirk, conceavit and gine to them in wreit; and in their behalfs, lament, deplore, and regraite the same unto his Majestie and Councill; craving, in the name and fear of the Eternall God, the same and every ane of them to be repairit and redrest, to the glory of God, and wellfare of his Majestie, and comfort of his Kirk: And thereupon, if need be, with humilitie to conferr, informe, and reasone; and qwhat herein beis done, to report to the nixt Assemblie:--firme and stable haldand and for to hald whatsoever their brethren in the premisses righteously does.
Sessio 7.
The tenor of the Grieves of the Kirk, above specified:
Unto your Majestie, humblie meanes and schawes your Grace’s faithfull and obedient subjects, ministers of God’s word within your Grace’s realme, conveint in the Generall Assemblie halden at Edinburgh, the 27th of Junii; That whereupon the occasione of diverse great and evident dangers appearing to the haill Kirk of God and professors of his trew Religione in this countrie, finding the authoritie of the Kirk abrogat, the censures thereof contemnit, and violence usit against some of the brethren, without punischment thereof, the lyke hes neither been seen in this realme, nor any uther where the truth of the Gospel hes been preachit and receavit; and fearing least your Majestie, for lake of informatione, neglect in tyme to provide remedie for the inconvenients lykelie to insew thereupon, We conveint ourselves in the fear of God and your Heines obedience; and after diligent consideratione of this present estate of the Kirk, and enormities fallen furth in the same, with commone consent thocht necessare our Commissioners to present and open to your Grace certain or chiefe and weightie grieves, without hastie redress qwhairof the Kirk of God and trew Religion cannot stand in this your Grace’s countrie; that your Majestie, be advyce of some Counsellors, is taught to take upon your Grace that spiritual power and authoritie qwhilk properly belongis to Christ as only King and head of the Kirk, the ministrie and execution thereof to such as bear office in the ecclesiasticall government of the same; so that in your Grace’s persone, some men preases to erect ane new Popedome, as though your Majestie could not be full King and head of this commonwealth, unless alsewell the spirituall as temporall sword be put in your hand--unless Christ be bereft of his authoritie, and the twa jurisdictions confoundit, qwhilk God hes devydit, qwhilk directly tends to the wrack of all trew religione, as be the speciall heads following is manifest:--
1. For benefices are gine be absolute power to unworthie persones intrustit in the office of the ministrie, without the Kirk’s admissione, directly against the laws of God and acts of Parliament; quhairthrowgh the Kirk’s livings comes in profane men’s hands and uthers, that sells their sauls, and makes schipwrack of conscience, for pleasure of men, and obtayning some worldly commoditie.
2. Elderschips, Synodall and Generall Assemblies, are dischargit be letters of horning to proceed against manifest offendars, and to use the discipline of the Kirk, and censures thereof, according to God’s word.
3. John Durie, be act of Counsell, is suspendit from preaching; and for this same cause is banisched from his flock.
4. Excommunicat persones, in contempt of God and his Kirk, are intertayned in chieff Lords’ houses, namely, Mr Robert Montgomrie, authorized and caused to preach, and brought to your Majestie’s presence, qwhilk is a sore wound to the conscience of them that loves your Majestie, and knawes your Grace’s up-bringing, and ane heavy sclander in all nationes professing the trew religione.
5. An act or delyverance of Counsell is made against the proceedings of the ministrie with ane sclanderous narrative, suspending _simpliciter_, and disannulling the excommunicatione justly and ordourly pronuncit against Mr Robert Montgomrie, a rebellious and obstinat offendar and troublar of the Kirk of God, and open proclamations made according thereto.
6. Contempt of ministers, and dinging many doing their office, and speciallie the violent drawing of Mr John Howesone out of the judgement seate qwhair he was placeit Moderator of the presbytrie,--his cruell and outrageous handling, carrying to prisone lyke a thief, be the provest and baillies of Glasgow, and their complices; and after complaint made, no order taken with the doers thereof, but contrariwise, maintaining of them, as if the same had been good service.
7. Displaceing of the minister of Glasgow out of his rowme, qwhilk, without reproache, he hes occupied thir many yeares, and convocation of the gentlemen of the countrie to that effect.
8. Violence used be ane of your Grace’s awne guard to pull him out of the pulpit, the day of communione, in presence of the haill congregation, in tyme of sermone, and no fault found therewith.
9. The officer of the Kirk was castin in prisone in your Grace’s presence, and there keepit a lang tyme, for executione of letters direct against a particular sclanderous man.
10. Ministers and Masters of Colledges and Schoolis of Glasgow in tyme of publick fast, were, be letters of horning, compellit to leave their flocks and schooles destitute, and sinsyne, from tyme to tyme, and place to place, have been delayit and continewit, thereby to consume them be exorbitant expenses, and to wrack the Kirk and Schools, qwhereof they beare rule and charge.
11. The schollars of Glasgow were invadit and their blood cruellie sched be the baillie and commontie, gatherit be sound of commone bell and straik of drume, and be certaine seditious men, inflammit to have slaine them all, and to have burnt the Colledge; and yet nothing done or said to the authors of that seditione.
12. Hands schaken with the bloodie murtherers and persecutors of the people of God, be propynes receivit and gine.
13. The Duke’s Grace oft tymes promised to reforme his house, and nothing done therein.
14. The laws made for maintainance of the trew religione and punisching the enemies thereof, are not put to executione; so that all things go lowse, and worse like to ensew.
Many uther things there be that crave present reformatione, quherewith, notwithstanding, we think not expedient to trouble your Majestie untill we see quhat order be taken with thir grievous complaints; beseikand your Majestie most humblie, for the lufe of God, quho hes placit your Majestie in this Royall Throne, and hitherto wonderfullie defendit and mentainit your authoritie, cairfullie to look upon thir matters as becomes the Leevtenant of God, and ane Christiane King; and with advyce of them that feir God and tender your Grace’s estate and quyetness of this commonweill so to redress the premisses, that first, Christ above all be acknowledged, his Ministers, without feare or stope, sufferit to execute their office,--the course of the Gospel advancit,--and be the example of the worthie, punischment of them quho so licensiouslie have wrongit and injurit ministers and professors of God’s word, that wthers heirafter be affrayit to interprize the lyke.
The next Assembly was appoyntit to be at Edinburgh the 24th of October nixt to come, except that necessare and weightie causes interveine, be advertisement of the Elderschip of Edinburgh and Ministers of his Majestie’s house.
[FORTY-SEVENTH GENERAL ASSEMBLY.]
The Generall Assemblie, conveint att Edinburghe, in the New Kirk thereof, the 9 of October 1582, qwhair there was conveint--Commissioners for the King, Mr John Hallyburtowne, and Collonell Stewart, and Commissioners of Earles Bothwell, &c., Barrones in great number, and Ministers.
Sessio.
Exhortation made be Mr Andrew Melville: Leitts, Mrs David Lyndsay, Thomas Smetoune, and David Fargysone. The said Mr David Lyndsay, be pluralitie of vottis, was nominat Moderator _hac vice_. Mrs Robert Pont, James Lawsone, Andrew Hay, Andrew Melvill, Thomas Smetone, David Fargysone, George Hay, John Duncansone, William Chrystesone, the Lairds of Lundie, Qwhittinghame, and Braid, at the desyre of the Moderator, were nominat Assessors.
Sessio 2.
The Kirk ordaynit the ministers of Edinburghe, in name of the haill Kirk, to desyre the King’s Grace to send downe Commissioners, authorised with his Heines commissione, to see the proceeding thair, and vote in his name; qwho returnit answer that they should be satisfied the morne.
Anent the commissioune to certaine brether to present to the King’s Majestie and Counsell at Perth, the Grieves and Complaints of the haill Kirk, the executione qwhereof being requyrit, and the saids Grieves, with the answers thereto, being read and considered; with commone advyce, it was thocht the saids Answers, not directly meeting the Articles, and therefore the samen, so far as is not satisfied, to be yet insistit in, and to be gine in, with such other articles as are meit yet to be craveit; the reforming qwhairof the brethren committit to Mrs Robert Pont, Thomas Smetoune, Andrew Pollwart, and Andrew Melvill.
Sessio 3.
In presence of the haill Assemblie, compeirit Mr James Hallyburtoune and Colonell William Stewart, and presentit the King’s Majestie’s Commissioune in write; the tennor qwhairof followis:--
We, be the tennor heirof, with advyce of the Lords of our Secret Counsell, gives and grants authoritie, full power and commissioune, to our richt trustie and weill beloved Mr James Hallyburtone, Proveist of Dundie, and Colonell William Stewart, conjunctlie and severallie, for ws and in our name, to pass to the Generall Assembly of the Kirk of our realme, and thair to hear and consider the matters proponed, tending to the advancement of God’s glory and his trew religione, the correctione of manners and reteyning of ecclesiasticall matters in decent and civill ordour, as the word of God requyres and allows, and to report the matters proponit and intreatit to us for our allowance and ratificatione of the samen, as appertaynes; and generally all and syndrie uthers things to do that to the forderance of all godlie and good matters is necessarily requyrit, firme and stable: Subscryvit with our hand, at Halyrudehouse, the 10th of October 1582, and of our reigne the 16th year.
Sessio 4.
The places where the Synodall Assemblies shall conveene shall be changeable from tyme to tyme, as the brether thereof shall finde meetest, that no ambitioune may grow be continowing the same in ane place.
Sessio 5.
Anent Bischops: Seeing the great sclander and offence arysing to the Kirk be their impunitie and oversicht, being altogether out of rules, the Kirk hes thocht it expedient that the King’s Majestie’s Commissioners, my Lord Boyde and the Laird of Capringtoune, with the Assessors of the Moderator, conveene in Mr James Lawson’s galrie, and advyse solidlie upon some substantious ordour.
Sessio 6.
The Assemblie ordayns James Montgumrie to make publick satisfactione and repentance in the paroche kirk of Glasgow, for speaking with Mr Robert Montgomrie, after his excommunication dewlie intimat, in respect of his confessione, and to acknawledge his offence thair, promising in tyme cuming to abstaine from the lyke, under the paine of the censures of the Kirk; and the same order to be keepit with all uther persones falling in the same offence.
Sessio 7.
Anent the informatione made to the Assemblie by my Lord Paislay, in name of the noblemen interprysers of the lait actioune, giveing the Kirk to understand that the grunds moving them to that actione, simplie were, the danger they perceivit the Kirk of Scotland and religion into--the evident perrill of the King’s Majestie and his estate, and the confusione and misorder of the Commonweall; whereof, as they doubt not to feell good testimonie in their awne conscience, so wald they that the Assemblie sould schaw their good lyking of the same, and give ordinance to ilk minister, at his kirk, to lay out their good grund and actione to their flocks; exhorting all noblemen and uthers qwhatsumever, faithfullie to concurre with them in the said good cause, to the full prosecutione thereof: Qwhilk informatione being weill considerit be the Assemblie, it was thocht very meit and expedient, in particular, to inquire and voit of the saids perrills; and every ane of them was seene and perceivit to haue been to the haill brether, qwhairof the information is made, and be full consent and vote of the haill Assemblie, declaratione was made, that the haill brethren understand the concurrance of all the saids dangers:--And to the effect the King’s Majestie’s mynde also may be gatherit, touching the same, directione was gine to Mrs James Lawsone, David Lyndsay, with the King’s ministers, to passe to his Heines the morne afternoone, to reasone and conferr anent the saids dangers, and to open up the samen at lenth to his Majesty, and to report his answer thereanent.
Sessio 8.
Anent the conferrence of the brethren direct to the King’s Majestie: Report was made be them unto the said Kirk, That his Heines had confest that there was ane perrell to the Religion within this realme, and indirect courses runn to the hurt thereof, qwhairunto his awne perrell was joynit; for he esteimit his standing to be joynit with the standing of religione: As also he acknowledgit syndrie abuses in the Commoneweall before the late interpryze of the Nobilitie, and that all good men shall concurr of dewtie to take away the danger from off the Kirk, his persone and estate, and to the reformatione of the Commonweall.
Anent the twa last heads left unresolvit be the Noblemen undertakand the late reformatione; The haill Kirk, in ane voyce, agreit therwith, and ordained ane speciall act to be concurred therupon, and to be put in forme be the clerk, Mrs Robert Pont and Thomas Smetoune, to be presentit againe to the Assemblie at afternoone, that they may understand and judge thereof if the samen agries with the meaning of the brethrene.
Sessio 9.
Anent Bischops: Seeing the great sclander and offence to the whole Kirk of this realme, be their impunitie and oversicht, to the griefe of good men’s consciences: The haill Assemblie hes gine and gives Commissione to particular presbytries under specifeit, with all possible and convenient diligence, to summond and call before them, every one of them as they be particularly divydit in manner following; That is to say, the Presbytrie of Perth, the Bischop of Morray; the Presbytrie of Edinburgh, the Bischop of Aberdeene; the Presbytrie of Mernes, the Bischope of Brechine; the Presbytrie of Dundie, the Bischope of Dunkeld; the Presbytrie of Striveling, the Bischopes of Dumblane and Isles; the Presbytrie of Glasgow, the Bischop of St Androis--to accuse them, and every ane of them, all or pairt as they are guiltie, viz. of non-preaching and ministratione of sacraments--of negligence of doctrine or discipline--haunting or frequenting of the company of excommunicat persons--wasting of the patrimonie of the Kirk--setting of tacks against the acts of the Kirk--giving collation of benefices against the saids acts--and finallie, for giving sclander any wayes in lyfe and conversation; and after dew tryall, proces, and convictione, to put order to every ane of them according to the qualitie of their offences and acts of the Assemblie, betwixt and the meeting of the haill Kirk, as they will answer thereto.
Sessio 10.
Anent Colledges and Universities within this realme: It is considerit be the haill Assemblie to be maist expedient for the good and weillfare thereof, that certaine good men of meit qualities be imployit to take oversight thereof; and for that effect the Kirk hes gine commissione and power to their lovit and honourable breither afterwritten to concurre with such as the King’s Majestie and Counsell directs with them in visitatione of the haill Colledges within this realme, as they be particularly under devydit, betwixt and the last day of November next to come, and to consider how the rents and livings of every ane of them are bestowit and imployit--how the doctrine is usit be the Masters and Regents--if the same be correspondent to the act of Parliament--how order and discipline is keepit amang the students and schollars; and herein, as disorder and defectione is found, to take order therewith according to the act of Parliament: They are to say, Mrs George Hay, Peter Blackburne, William Chrystesone, Andrew Milvill, the Laird of Glenbervy, to visit the Colledge of Aberdeene; Mrs David Lyndsay, Robert Pont, Nicoll Dalgleische, Thomas Buchanan, the Lairds of Lundie and Culluchie, with Mr David Russell, Commissar Clark of St Androws, the Universitie thereof; Mrs James Lawsone, John Duncansone, Walter Balcanquall, John Porterfield, the Lairds of Keir and Greenock, with Adam Wallace, Bailie of Glasgow, the Colledge thereof; and what herein beis done be them, to reporte againe the next Assemblie.
Sessio 11.
Ordayns the King’s Majestie’s Advocat to be summoned to compear before the Assembly immediately, and to that effect from the Assemblie the officer of the Kirk being [sent], answer was returnit he was in Hermestoune; and heirfore was ordaynit to be summoned be ane citatione to Wednesday to answer simply, if he was the former or dyttar of the sclanderous proclamatione sett out against the ministrie, and for opponing him to the lawfull proceedings of the Kirk--certifying him and he compeir not, they will proceed as appertayns.
The act concerning the actione of the nobilitie being read to the Commissioners of Edinburgh, after advyseing therwith apairt, they votit and agreis thereto with the rest of the brethrene.
Sessio 12.
It is leisum for a minister, for a seasone, to superceid the ministrie and use the office of a Doctor: Therefore the Assemblie hes concludit and ordaynit Mr Thomas Buchanane to enter in the new Colledge, and use and exercise the office of a Doctor thair for the support of the samen,--his Kirk being alwayes provydit of a sufficient pastor, and the said Mr Thomas sufficientlie satisfyeit anent the promise made for expeditione of his pleis.
The Earle Bothwell declarit in presence of the haill Assembly, that as he profest the trew religione preachit within this realme before his departing furth of the same, so sen his depairting, continwallie as yet continuit in the samen mynde to die and live therein by God’s grace.
Sessio 14.
Anent the proces used against the Laird of Mynto: In respect of his compeirance personally this day and yesterday, confessing his offence, and submissione of him to the Kirk; The Assembly hes referrit the discipline and order to be wsed against him, for satisfying of the said offence, to the judgement and discretione of the Presbytrie of Glasgow, and the same forme to be usit and observit be them with John Grahame, elder; and what herein beis proceedit, upon the pairt of the Presbytrie, and upon the pairt of the saids persons, to report to the nixt Assemblie.
Sessio 15.
The Assembly ordayns Archbald Hegget, John Grahame, younger, Hector Stewart, John Sprewle, elder, William Hegget, Robert Stewart of Nowbar, for their contumaceous absenting them from the Generall Assemblie, being diverse tymes summoned thereto, to have answereit for haunting and wsing the company of Mr Robert Montgomrie, after his excommunication intimat to them, and uthers enormities done against the Kirk, despysing and contemning the voice thereof, To make their publick repentance in the Kirk of Glasgow, in presence of the congregatione thereof, after the forme to be prescryvit to them be the Presbytrie thereof, to qwham the Kirk committs the execution thereof.