Part 27

Anent the proces deducit against Coline Campbell, Malcolme Stewart, Hector Stewart, John Grahame, elder, Gavine Grahame, and Archbald Hegget, concerning the violence done to Mr Johne Howiesone in the judgement seat in Glasgow: The saids haill persones being cited to this Assembly except the said Walter Stewart, to have heard the sentence of the Kirk in the said matter, and nane compeirand except John Grahame, elder, with wham he has alreadie taken order, and Gavine Grahame; The Assembly ordaynit the said Coline Campbell, Malcolm Stewart, Hector Stewart, Archbald Hegget, and Gavin Grahame, for their offence foresaid, to be excommunicat publicklie in the Kirk of Glasgow be Mr David Weymes, minister thereof, with advyce of the Presbytrie thereof.

Sessio 16.

Articles read and allowed by the Assemblie, as meit to be proponit.

1. Seing the spiritual Jurisdiction and Government of the Kirk is granted be God the Father, throw our Mediator Jesus Christ, and gine only to them that preaching, teaching, and oversieing, bear office within the same, to be exercised not be the injunctions of men, but be the only rule of God’s word; That the act of Parliament, concernyng the libertie and jurisdiction of the Kirk, be so plainly declareit and enlargeit, that hereafter nane uther of qwhatsumever degree, or under qwhatsoever pretence, have any collour to ascryve or take upon them any part thereof, either in placeing or displaceing of ministers of God’s word, in spirituall livings or offices, without the Kirk’s admissione, or in stoping the mouthes of preachers, or putting them to silence, or taking upon them the judgement in triall of doctrine, or in hindering, staying, or disannulling the censures of the Kirk, or exeiming any offender therefrae.

2. That the Presbytries, consisting of doctors, pastors, and such as are commonly callit elders, now according to God’s word and the King’s Majestie’s direction, appoyntit in diverse parts of the realme for discipline, order keeping, and judgement keeping, in ecclesiasticall affaires, be approvit, establischit be authoritie, and paynes prescryvit to them that publickly oppones themselues.

3. That the Synodall Assemblie, consisting of diverse presbytries, and Generall or Nationall consisting of the haill, be approvit, and be virtue of acts of Counsell, presently and hereafter haue power to conveine so oft as occasione shall requyre, to advyse, intreat, conclude, make ordinances in such things as concerns the will of the Kirk, and their charge in doctrine and discipline, with libertie to appoynt times and places for that effect.

4. That Presbytries, or such as they will direct of their awne number, have the same power in designatione of manses and gleibs and reparatione of the kirks, that the Bischops, Superintendants, or Visitors had before.

5. That every Kirk have the awne severall pastor, to be sustainit upon the teynds of the parochine qwhair he serves, and to that end that the manses or kirks annexit to great benefices or prelacies be dissolvit, pensiones gine out of the thrids and tacks sett of the same, be the collectors or possessors having the thrids in their awne hands, be revockit.

6. That of the temporall lands of every Abbacie, Priorie, Bischoprick, Minstrie, &c. so meikle be applyit to the schools as may sufficientlie maintaine ane sufficient number of Masters and Bursars, according as the liveing may bear, in place of Channons, Monks, Nuns, and uthers idle-bellies; the ane to teache and the uther to passe their course alseweill in Philosophie in all Universities as in Theologie, according to the act of Parliament made in the fundatione of the New Colledge of St Androis, that the kirks may be ance plantit with sufficient learnit men.

7. That provisioune may be, how commone affaires of every Presbytrie may be borne, such as visitators, commissioners direct be them for sundrie occasiounes, scribes’ executione of their summonds, decreits, &c. Quhilk to our judgement sould be sustained be the Bischops rents.

8. That the Kirk be restorit to the thrids, according to the act of Parliament and contract made be the Earle of Mortoune; because we have found ourselves grievously hurt be the giving them out of our owne hands.

9. That the presentation of benefices be direct to Presbytries where the benefices lyis, that be them, after dew tryall, the qualified persons may be admittit.

10. That no presentatione be gine to any man with ane blank therewith for their filthie gried to gang through the countrie making schamfull merchandice, and sicking who will offer maist, or receive least: But that such chiefly be regardit as be the Presbytries or Universities shall be recommendit to the King’s Majestie or Laick Patrone.

11. That it be inactit that Ministers who, through age or sickness, or uther accident, become unable to execute their office, may bruick their livings dureing their lyfis, and provisione made how the kirk in the meantyme will be served.

12. That such Ministers who are deposed or excommunicat in any time, their benefices, stipends, or ecclesiasticall livings quhatsomever to vaike, and uther qualified men provydit thereto.

13. That such as are knawne to be Papists, and notwithstanding their aiths, handwreits, and outward obedience, are tryit to have returnit to their vomit and made apostasie, wayting still the tyme and occasione to cut the throats of the godly, may be punischit as traytors to God and our Soveraigne, be banischment or utherwayes.

14. That no service, freandschip, or league be made with Papists in France, Italie, nor Spaine, or uther countries, be commone or particular consent.

15. That the lyke law be made for defence and preservatione of the preachers of the blessed Evangell againes violence and oppressione as is grantit in favours of the Lords of Sessione.

16. That remedie be found how speciall livings and teinds transferrit in temporall lordships may be restorit againe, for sustentatione of ministers, poore, and schooles.

17. The Colledge Kirks qwhilks are destitute of ministers, be reason of the thrids gine in the Colledge hands, may be provydit with sufficient stipends out of the thrids, conforme to the act of Parliament made thereanent.

18. That buriall in paroche kirks, be act be dischargit, and ane speciall punischment appoyntit for transgressors.

19. That the diminutione of the rentall be ane sufficient cause of reductione of tacks and fewis, and that diminutione be comptit alseweell the impareing of silver rentall _de liquido in liquidum_, as conversion of victuall in small pryces, that is, under such reasonable pryces as victuall giues for the tyme.

20. That every beneficed man find cautione, at his entry, to recompence what hurt soever he does to the benefice.

21. That it be leisum for no beneficed man, prelate or uther, to sett any tacks or fewis hereafter, and that they be bund to repaire qwhatsoever hurt they haue done to their livings against the lawes.

22. That it be declareit qwhat tacks or fewis are lawfull, and that two or three nyneteine yeares or lyferent tacks, made against all law and conscience, be annullit and declareit of nane effect.

CERTAINE ARTICLES presentit be the Generall Assemblie, and maist humblie cravit of the King’s Majestie and Councill, ffor redress of the manifold inormities fallen furth, to the wreake of Kirk and Common-weall.

1. That the sclanderous proclamatioune gine furth at Perth, the 12 of July, and publisched in all townes, and paroche kirks, and to the perpetuall infamie of God’s servants imprintit, may be perused and diligently considerit, to try if any minister be culpable of such odious crymes, as therein are layit to their chairges; and in case they be fund culpable, to punische them with a rigour of law, utherwayes, that the givers out of such blasphemous reports, and devysers and dyters of that infamous lybell be punischit accordingly; and that, be act of Councill and open proclamation, the ministrie be declarit innocent of such wicked and haynous crymes.

2. That the unaccustomit violence wsed against Mr John Howiesone, drawing him out of the Justice seate of the Presbyterie, dinging, and casting him in prisone, and agaynes Mr David Weymes, minister of Glasgow, be sua punischit, that nane hereafter be bald to attempt the lyke.

3. That Coline Campbell, William Hegget, Archibald Hegget, and their complices, be punisched according to justice, for the sedition and uproare made be them, being Magistrates and Counsellors, against the students of Glasgow, and schedding of their blood.

4. That the proclamatione lately made for the libertie of the Assemblies may be inlargit, and more plainly sett furth.

5. That your Lordships will giue the King’s Majestie to understand, how wicked instruments they were that persuadit his Grace to allow and take upon himselfe, all the mischiefs and ungodly proceedings, whereat the Kirk, his Grace and countrie, were brought to such miserie and danger.

6. That all acts of Councill made against Presbytries and Assemblies, chargeing them to desist from proceeding in discipline and ecclesiasticall censures against sclanderous persones, be annullit and delaitit out of the books: Lykewayes, that the act made against John Durie be delaitit.

7. That his Majestie and Lords will wey what great inconvenients and absurdities falls furth upon the act of Councill made concerning the absolute power; and for removeing thereof, to dilaite the samen, never to be remembrit hereafter.

8. That his Grace and Lords provyde and cairfullie foirsee, that be the wicked practice of dimissione or associatione of authoritie, the Kirk, King’s Majestie, and Countrie, be not hurt, and that the same be stayit in tyme.

9. That the stipend appoyntit for the minister of Strivilling, and now wickedly purchased be Mr Robert Montgomrie to his young sone, be restorit againe, for sustentatione of ane qualified man to teache that flock, qwhilk be his ungodlie dealing and apostacie hes been so long destitute.

10. That it will please your Majestie and Lords to haue pitie and compassion upon that noble and godly man, James Hamiltone, Earle of Arrane, sometyme a noble and comfortable instrument in reforming the Kirk of God, and now visite be the hand of God, and under pretence of law, bereft.

11. That Commissioners be deput in every part, for visitation of the Colledges, betwixt and the last of November. The Generall Assembly gives their full power and Commissione to Mrs George Hay, Andrew Myllne, James Balfoure, William Chrystesone, Patrick Gallaway, Andrew Melvill, David Fargysone, Thomas Buchanan, Patrick Gillespie, James Lawsone, David Lyndsay, Robert Pont, Andrew Hay, Thomas Smetowne, John Young, Andrew Pollwart, Andrew Clayhills, John Knox, Patrick Gates, and Peter Watsone, with the King’s Majestie’s Ministers, to pass unto the King’s Heines, his noble Counsell and Estates presently assemblit at Halyrudehouse, and to his Heines’ Parliament, when the samen shall hapin to be halden, to present the Grieves of the Kirk, crave answer, reasone, and report to the next Assemblie.

Sessio 17.

Anent the matter depending againes the King’s Majestie’s Advocat: His Lordship being present, advysit the Assemblie to consider wyslie if they allowit the forme of proceedings against him, being an officer to his master the King’s Majestie, callit his awne, upon the alleadgit forming of ane proclamatione gine out in the King’s name, under the title of a Declaration, and concludit be authoritie of his Councill--And as they shall finde be their wisdome, he wald not contemptuouslie refuse to answer to every point to lay to his charge: With the qwhilk desyre the breither being advysit, ffand, that in respect of the sclander castine be his persone, he may and sould be callit simplie to giue his declaratione for removing thereof; qwhairwith he being content, plainly and openly taking the name of God to be his witness, declareit, he neither inventit, pennit, nor formyt the said proclamatione, but at the desyre of the Duke’s Grace, translatit the last pairt thereof in Scotts concerning his declaration, qwhilk was in French; and farther, did nothing in the haill proclamatione. As to the remanent heids, they were answerit summarly, and the brethren appearandly satisfyit.

Sessio 19.

The brethren appoyntit to present the Articles to the Convention of Estates and Parliament, reportit, That the Lords cravit the advyce of the Kirk, quho sould sit in their names and vote in Councill or Parliament--seeing they are upon the order taking of a Counsell, consisting of three estates: ffor the better resolutione heirof, it was thoucht meit herin to understand the plaine meining of this propositione at Lords’ selves, and therefore the breither to be convenit there at afternoon, &c.

Sessio 20.

Anent the propositione made before noone concerning such as sould vote in Parliament or Counsell in name of the Kirk: The matter being opponit be the Lords, their propositione was, qwhither, if the Kirk will agree that some of the Bischops be upon the Councill for the Kirk? Therefore the Assembly conveining themselues together, resolvit that they could not agrie that any sould vote in name of the Kirk, but they that beares office in the Kirk, and are authorized with commission of the Kirk, to vote and sit there; and ordaynit their answer to be returnit to the Lords be Mrs George Gray and Thomas Buchanane immediately.

The nixt Generall Assembly to be halden at Edinburgh the 24th of Apryle nixt to come, except some necessar occasione of sooner meiting fall out be advertisement of the Presbytrie of Edinburgh.

[FORTY-EIGHTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint at Edinburgh, in the New Kirk, the 24 of Apryl 1583, qwhair there were present the Commissioners, &c.

Sessio.

Exhortation maid be John Braid, in place of Mr David Lyndsay, last Moderator, be reasone of the said Mr David’s departing with the King’s Majestie’s ambassador. Leitts, Mrs Thomas Smetoune, David Fargysone, and John Braid: be pluralitie of votis, the said Mr Thomas was electit _hac vice_.

The brether ordaynit the Moderator to concurre with Mrs James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvill, Andrew Polwart, Peter Blackburne, David Fargysone, and Alexander Arbuthnott, Assessors.

Sessio 2.

The Assembly ordayns Mrs John Craig, John Durie, and Alexander Hoome, to passe to the King’s Majestie, and humbly desire his Grace to send Commissioners in his name to assist this Assemblie, in treating and concluding in matters proponit; and farther to desyre his Grace, seeing his embassador is departing to England, to give ane charge to him to travell, that ane unione and band may be made betwixt his Grace, her Majestie, and uther Christiane Princes and realmes professing the trew religione, for defence and protection of the trew word of God, and professors thereof, against the persecutione of Papists and confederats joyned and united together, be the bloodie league of Trent;--and also, that her Majestie will disburden their breither of England, of the yoke of ceremonies imposed to them against the libertie of the word, and upon thir three heads to reporte the answer againe.

Sessio 3.

Anent the summonds direct by the Synodall Assemblie of Fyfe againes Mr David Russel, baillie of St Androis, to hear ane sentence definitive pronuncit upon ane proces deduced before the Presbytrie heireof, against him, for ane sclanderous letter, publisched the 17 of March last, in presence of the congregatione: The said Mr David being present, protesting first before God, he never meinit nor meins to doubt of the authoritie of the Kirk, made a discourse of the vaiking of the pulpit of St Androis, and of the receit of the wreiting from my Lord Marche, qwhilk was present in forme be him, and read in the kirk; qwherein he grants that there were thir words;--calumnious pretendit maner,--being discreitly considered,--sould not be found offensive; allwayes he hes appealit to this Assemblie from this Presbytrie, for the causes containit in his appellatione, qwhilk he exhibite, desyreing the Wisdome of the Assemblie that he might have ane sicht of the proces led against him to be advysit, with his just defence, and that rather or the matter came in open reasonyng, that private conferrence were had amongst the discreetest therein; with the qwhilk desyre the Kirk being advysit, votit to the reading thereof openly; lykeas the samen being publickly read and heard, together with the copie of the wreiting gine out be the said Synodall Assembly, read in the paroche kirk, the farther consideratione of the causes was left till afternoone, and he warnit to be present.

Sessio 4.

Mr David Russell being inquyrit if he had the principall wryting alleadged, read upon the 17 day of Marche, denyit the same, and exhibite ane double thereof, as he termit it, receavit be him, as he alleadgit, from ane servant of the Earle of Marche’s, nothing different from the originall, qwhilk he pennit, and was read in the said kirk, as he himselfe testified. As to the appellatione interponit be him, from the said Presbytrie, the haill Assemblie votit uniformlie, that he had weill appeallit; with whose sentence the said Mr David said he stood content. As to the sentence to be pronounced in the said matter, as also against William Leirmonth, ane uther of the saids Baillies, the Kirk continewit the same to the morne, warnyng them both presently thereto.

Sessio 5.

Mr David Russell submittit himself absolutlie to the judgement of the Assembly, concerning the process laid against him.

Ordayned Mrs Alexander Arbuthnott, David Fargysone, and John Durie, with the King’s Ministers, to pass to his Grace and Counsell, and in name of the Kirk crave earnestly, that the French ambassador whaise trauells hire are suspect to tend both against religione and common weall, may be dispatchit; That Mr Hault, the Jesuit, may be accusit and tryit, and according to his offence, if he be guiltie, to be punisched: Sicklyke my Lord Settone’s sone may be send for, and accusit of the wrytings sent to the Jesuites, and order put to him therefore.

Attoure that ane brother of Cambowe’s, refuseing to abyde the judgement of the Kirk, and allowes the breaking of the King’s lawes concerning his religione, may be summoned to ane particular dyett, to underly the law.

_Item_, To remember his Grace anent the Abbot of Halywood, that no licence be gine to him to depart out of the countrie; and suchlyke to remember concernyng Mr David Chalmer.

Anent the citatione direct from the Synodall of Fyffe againes Mr David Russell, baillie of St Androis, to compear in this Assemblie, to hear sentence definitive pronuncit upon ane proces led and deducit before the Presbytrie of the said citie, for publisching of a sclanderous letter upon the 17th day of Marche last, in presence of the congregation of St Androis; as the actione at lenth beares: The said actione and haill proces being publickly read and at lenth considerit be the haill Assemblie, and the samen, with the deductione thereof in all poynts, together with the letter and intimation of the said Synodall Assemblie publischit in the paroch kirk of St Androis publickly, being orderly proceidit, Lykeas the said brethren in ane voyce justifies and allows the proceedings thereof, and of the said Presbytrie in the said cause; and after good deliberatione and resolutione taken upon the sicht and diligent tryell of the said proces and probatione led therein, Hes fund, and finds, that the said Mr David not only hes given heavy sclander, and offendit against the Presbytrie of St Androis, but farder, has sclanderit very heavilie against the Kirk of this realme, as that, sen the Reformatione of religion within the same, the lyke thereof hath not beene offerit in any persone, and speciallie in the particulars following, evidently proven and evictit _per testes omni exceptione majores_; qwhairof a part also is confest be himselfe, granting he had done amiss, and submitting him to the determinatione and arbitrement of the haill brethern absolutlie:

To witt: In calling the ordinance of the presbytrie a rabble, saying, it sould not pass but an answer--it sould be worse then the faire of Glasgow--and that, four dayes before the famous lybell was published: 2. In giving command with threatenings to publische the letter in face of the Kirk: 3. In penning and forming the said blasphemous letter: 4. In denying first, with attestation, the penning thereof, and thereafter granting the same: 5. In opponing him in all heads of the said letter to the ordinance of the Presbytrie: 6. In wryting thir outrageous words therein--pretendit Presbytrie, usurpitance of the said Presbytrie, without any ground of God’s word, or lawes of the realme--that the said Presbytrie did, against their awne consciences, and Christiane charitie--that some of them were promise-breakers, (howbeit the contrare were verifiet in accusatione of the letter of the Presbytrie), of calumnious objections:--and in contemning not only the jurisdictione of the Presbytrie, but also the Synodall Assemblie: And therefore hes decernit and ordaynit, in ane voyce, that the said Mr David, upon Thursday cum aucht dayes, immediatly after returning from this Assemblie, shall appear in presence of the Presbytrie of St Androis, and with humiliation of heart, and earnest and trew repentance, confessit and acknowledgit before them, that in the particulars abovewritten, and euery ane of them, he hes heavily offendit his God, sclanderit the said Presbytrie, and the haill Kirk of God within this realme;--craving God’s goodness to pardon him, and the said Presbytrie to forgive him, with promise in tyme cuming, to avoyde all such sclanderous behaviour or dealing; quhais humiliation and repentance being fund unfeigned and earnest, be the sicht of the said Presbytrie, and they satisfied therewith, that upon Sonday immediatly thereafter, he appear before the pulpit, in the paroche kirk of St Androis, before noone, after the sermone, and immediately before the prayer, in presence of the congregatione, and there make the said confessione, and acknowledge his offences in particular, and in manner as is above deducit--exhorting all the brethren and the congregatione to the obedience of the Kirk and ordinances thereof, that as they have been sclanderit be his fall, so be his rysing they may receive comfort and good example: Qwherein, if the said Mr David failzies and gives not absolute obedience, according to the tennor of this sentence, in all poynts, that the said Presbytrie of St Androis proceed against him with the sentence of the Kirk.

Anent the order and injunctiones to be wsed against Gavin Grahame and his colleagues, alreadie excommunicat: The Assemblie present hes ordaynit, that they shall satisfy the injunctiones wsed against murtherers, incestious persones, before they be absolvit from the said sentence, the forme qwhairof is contained in ane act made in December 1565, Sess. 4; and the same being dewly satisfyit, and earnest repentence seen in them, ordaynes the said Presbytrie of Glasgow to absolve them from the said sentence.

Sessio 7.

Anent the heads proponit be the Provest of Dundie, and the Laird of Colluchie, his Majestie’s Commissioners: The Kirk, be the Moderator, gave answer, that for expeditione of the first head, the Assemblie sould appoynt their next conventione the sooner, that ane absolute answer may be gine thereto.

Touching the second: they have found, by experience, that Commissione gine to brether, with power to conclude, have done great hurt to the Kirk. As to the novelties, they sould meddle with nane.