Part 28

Anent the lamentable supplicatione gine in be the Earle of Arrane, bearing, That qwhair, upon the diuerse supplicationes presentit to the Generall Assemblies at Dundie and Edinburgh, to have travillit with the King’s Majestie and Secret Counsell, for his deliverance from his lang captivitie, and restitutione to him of his heritage, maist wrangouslie withholden from him, be the wickit and fraudulent meanes of the present possessor thereof; Nottheless, that ungodlie man, abuseing the youth and favour of his Soveraigne, hes not suffered your suite to be heard, tryit, and allowit be his Majestie, as he is sure it will be qwhensoever his Grace shall be dewlie informit of his innocencie, and the miseries, grieves, and wrangs be him sustainit, in spirite, bodie, and warldlie good, be the crueltie of his enemies; beseiking the Assemblie, therefore, as the only meine in this warld, qwham unto he may haue esperance, to present his regraits and dolences to his Majestie, that they will yet continew their former sute in his favour, and pretermit to the present opportunitie of his Majestie’s good dispositione, not able to be abused be the craft and subtilitie of that his unjust enemie being presentlie removit from his Majestie’s presence; praying them also to labour that his body and living may be committit to the custodie of his very undoubtit friends, qwho will have unfeigned care for the preservatione of the ane and wther, according to conscience, equity, and righteous lawes of all civill countries;--Remembring presently that he is so destitute of all wther meines of intercessione, saving them only, through fear of his enemies crueltie, that among so many naturall friends of all degrees, he can hardly finde ane who will declare himself the presenter of this his supplicatione made to the said Assemblie: the qwhilk necessitie he doubts not their Wisdomes will worthilie supplie.

The Kirk having considerit the said supplicatione, Ordaynes their breithern to present or direct to the King’s Majestie, to schaw his Heines this pitious complaint--craving his gracious good answer therein; and farther, as the Assembly shall finde opportunitie, be their Commissioners’ travells, to be done for the weill and comfort of the nobleman.

Mr Robert Pont declared that, with part of his heritage and worldlie commoditie, he had proponit to sit downe in St Androws, and had served on his awne charges ane haill year, and could not have any equall conditione of living, no, not the least provisione that any had that past before, and now altogether his heart is abstractit from them--praying the Kirk not to lay the charge upon him against his will.

Sessio 9.

Anent the citatione direct against William Leirmonth, beallie of St Androis: The Assemblie, in respect of the said William his simple confessione, that he gaue command to Niniane Rule, to read publickly the sclanderous Letter against the Presbytery of St Andrews, in the paroche Kirk thereof, and of his humble submissione to the haill Kirk, Ordayns him, upon Sonday cum aucht dayes, to compeir before the congregatione of St Androis, after sermone, and before prayer, and there confesse his offence forsaid, asking God and his Kirk pardone thairfore, under paine of the censures of the Kirk, to be execute be the said Presbytrie against him.

Sessio 10.

Anent baptisme ministrat be laik persones, and such as hes no ordinarie functione in the ministrie of the Kirk: The Generall Kirk, in ane voyce, hes concludit the same to be no legall baptisme; and that these that in the pretendit manner are baptized shall be baptized according to God’s word.

Anent ministers that makes not residence at their awne Kirks: The Assemblie ordayns the Presbytries, universallie within thair awne bounds, to take order therewith, as they will answer to the Kirke.

Anent the proces deducit before the Presbytrie against Henrie Adamsone, burges of Perth, and approven be the Synodall Assemblie of the province: The whole Kirk, at length having considerit the proces and probatione led in that matter,--being weill resolvit and advysit therwith,--In ane voyce declares and finds the said Henrie, be his familiar and suspect behaviour to Jeane Thorntowne, spouse to Oliver Peblis, resorting with her in privat and suspect places, drinking and conversing with her, and utherwayes behaving himself not so chastly as becomes an honest married persone, as be syndrie circumstances in the said proces appeares, To have gine suspitione that he has committit adulterie with her, and thereby to have gine occasione of sclander in his persone: Therefore, ordaynes him, immediately after his returning from the Assemblie, to compeir before the Presbytrie of Perth, and there, with humilitie, unfeignedly to confesse and acknawledge that he hes gine occasione of sclander, asking God and his Kirk forgiveness therefore; and thereafter, upon ane Sonday to be appoyntit be the said Presbytrie, he shall compear in the paroche kirk of Perth, in tyme of sermone before noone, sit in the place of repentance in his common apparell qwhill the sermone be endit, and immediatly after the end thereof, and before the prayer, stand up in the said place of repentance, and confesse and acknowledge the sclander gine by him, and ask God and his Kirk pardon therefore, with promise in tyme coming to avoyd all sclanderous behaviour and suspition of any such cryme, under the paine of the censures of the Kirk, to be execute against him be the said Presbytrie.

Sessio 11.

Anent the difficultie movit be certaine breither, if it be lawfull to a pastor alreadie appoyntit and serving ane flock, to receave admissione of ane benefice appertayning to ane uther kirk nor qwhere he serues, and remoue him from his awne flock without licence of the Presbytrie qwhere he serves, Synodall, or Generall Assemblie: The haill Assemblie, after many reasones had on aither syde concerning this doubt, resolvit and concludit, That a pastor provydit and serving ane flock, laufully may not remove from his flock qwhere he first serves, without speciall licence obtaynit be him of his presbytrie, Provinciall, or Generall Assemblie, and inhibitand and dischargand all Presbytries, in tyme cumming, to admitt any persone elsqwhere serving, as said is, to benefices, without testimonialls and licence schawne be them, of the consent of the Presbytrie, Synodall or Generall: And if any persone beis fund, against the tenor heirof, to transferr himself without consent forsaid, The Kirk hes concludit and decernit him to be deposed from his functione and calling of the ministrie in all tyme cuming.

[FORTY-NINTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveint at Edinburgh, in the New Kirk thereof, the 10 of October 1583, qwhair there was present the Commissioners.

Sessio.

Exhortation made be Mr Thomas Smetoune: Leitts, Mrs Robert Pont, Peter Blackburne, Nicoll Dalgleish, and James Balfour. Be plurality of votis, the said Mr Robert was electit, _hac vice_.

The haill Kirk ordaynes Mrs James Lawsone, Andrew Melvill, Thomas Smetone, John Craig, Walter Balcanquall, Peter Blackburne, Andrew Polwart, John Davidsone, Nicol Dalgliesche, John Durie, the Lairds of Braid and Pilrige, with the Commissioners of Edinburgh, to conveine and intreat with the Moderator.

Sessio 2.

Forsuameikle as the raritie of this Assemblie chieflie stands in default of the brether of the ministrie, having commission to come to the Generall Assemblie, and yet comes not: The Kirk hes thocht meit that the Countries be callit on, and considerit who are absent; and sicklyke, if all that are in the Commissiones alreadie gine in be present, and that the absents be markit, and a substantius order provydit to correct them.

Sessio 3.

Anent the Constitutiones and Acts made in the Generall Assembly, It is determined and resolved, that ane Act being concludit in the Generall Assembly, no just cause in the changeing thereof intervening therafter, it shall not be leisum to any particular brother, in ane uther Generall Assembly, to call the same in questione againe.

Anent the Commissione gine in the last Assemblie to visite the Universitie of St Androis, and to consider how the rents and livings thereof are bestowit--how the doctrine is used be the maisters and regents, and if the same be correspondent to the act of Parliament--and how the order is keepit amang the students: The Kirk hes committit of new the executione of the said Commissione to Mr Andrew Polwart, Thomas Buchanan, Nicoll Dalgleische, and William Chrystesone: and, to that effect, ordaynes to conveine themselves in St Androis, the 6th day of Marche nixt to come, and qwhat they doe herein, to report to the nixt Generall Assemblie. Mr Robert Wilkie, in name of the Universitie, protestit that the said Commissione prejudge not the libertie and priviledge of the Universitie.

Ordaynes the Moderator of the Assembly to receave from the Clark thereof the extract of the Commissiones gine to breither the tyme he bears charge, in case they be absent from the Assemblie the tyme of the direction thereof, and to direct them tymouslie to the said breither, that the said Commissiones be not left unexecute, upon pretence of their absence and ignorance of the same.

Sessio 5.

Ordaynes every presbytrie within their awne bounds to call before them the beneficed persones within their awne jurisdictione, and to take accompt and tryall how they have keepit the act of the Assembly, touching the disposition of their ecclesiasticall living--in what manner, and qwherein the same hes been transgrest--and to make ane just report thereof to the nixt Assemblie be the Moderator of their Elderschipe as Commissioners, as they will answer to God and his Kirk.

Articles to be direct to the King’s Majestie, being presentit in forme, the haill Assemblie votit to the presenting thereof, with the Instructiones, qwhairof the tenor follows.

SIR,

The strait Commissione we haue receavit of the Eternall, our God, qwhen, as in this your Majestie’s realme, we were made watchmen of his people, and fearfull threatening pronuncit against such as neglect faithfully to execute every pairt of their weighty charge, compells us presently to haue recourse unto your Majestie, percewing many things to fall furth, greatly to the prejudice of God’s Glory, and no small appearance of utter wrack of this his Kirk and Commonwealth, unless some heastie remead be put thereto; most humblie, therefore, beseikand your Majestie diligently to weighe and consider thir few heids, qwhilks, with all reverence and observance we present, looking for graceous answer and speedy redress thereof.

1. It is ane great griefe to the hearts of all these that fears God, that apostates, sworne enemies to Christ, your Grace, and all your faithfull subjects, forfault for their treasone--some also suspect and bruitit with the murther of the most noble persone of your umquhill father--impugners of the truth be word and wreite--continuing still in their wickedness, unreconcilit to the Kirk, to receave of your Majestie the benefite of pacificatione to the prejudice of the faithfull ministers, qwham violently be their meanes they labour to dispossesse.

2. That wthers from their youth, nurischit in the Kirk of God, with us, and sensyne fearfullie fallen back therefrae, and become greit runnagats, and blasphemers of the truth, and maintainers of idolatrie, and that Man of Sinne, Liutennant of Satane, and oppressors of God’s people; and yet, notwithstanding, are receivit in court, authorised, and so far countenanced, that they are becum familiars with your Majestie, qwhairthrough, besyde the grief of your Majestie’s subjects, many are brought to doubt qwhat shall ensew upon such beginnyngs.

3. That a wicked obstinate Papist sent in the countrie to traffique against God and quyetness of your Grace’s estate, and therefore is worthy of death, committit in ward at your Grace’s command, with sure promise that he sould not escape punischment, yet as we understand, was, be indirect meanes, let depart, and no tryall taken of the author of his delyverie.

4. That your Majestie seems to have over great lyking of the enemies of God, alsewell in France as some within this realme, who hes never gine testimony of any good meining aither in religione or in your Majestie’s seruice, have succeidit to men that were knawne zealous in God’s cause, and faythfull to your Grace from your tender age.

5. Sen your Majestie took the government in your awne hand, many fair promises hes been made that order should be taken for preservatione of the Kirk of God, and continuance thereof to the posteritie: yet, after lang and continuall sute, nothing is performed; but in place of redress, daily the Kirk is bereft of her priviledges and liberties.

6. The thirds are sett in tack for soumes of money, in defraud of the Kirk, so that no minister hereafter can be provydit.

7. Abbacies are disponit, without any provisione made for the ministers serving in the Kirks annexit thereto, directlie against the act of Parliament.

8. Spirituall livings are gine to bairnes, and translatit in temporall lordships.

9. That there is no punischment of incest, adulterie, witchcrafts, murthers, abominable oathes, and uther horrible oathes, in such sorte that daily some increases and provockes the wrath of God against the haill countrie.

10. There is a sair murmuring against your Grace’s leiges, and a lamentable complaint that the lawes of the countrie have no place--that no man can be sure neither of his lands, lyfe, nor goods, qwhilk threatens ane miserable confusione, and the heavie hand of God to insew thereupon.

11. That oftentymes your Majestie interpones your Heines’ authoritie, be letters of hornyng, to stope the executione of the acts made in the Generall Assemblie, in matters properly belonging to the Kirk, and nothing touching the civill estate.

12. Lastly, we most humblie beseik your Majestie to suffer us to lament the great divisione amongest your Heines’ nobilitie and subjects--the ane pairt seeking be all meanes possible, for their awne particulars, to persuade your Majestie to wrack the uther, qwhilk fosters ane continuall stryfe, malice, and rancour, to the great danger of your Grace’s persone, qwham God preserve to keep the Kirk of God and this poor countrie: beseiking your Majestie, for the tender mercy of God, to call to your Heines, some of the most wyse, discreet, and indifferent, to be your Councill; to take a moderate course, that unquiet spirits may be brydlit, good men cherishit and intertained, and the hearts of all your Majestie’s subjects unite, to the maintenance of God’s glory, preservation of your Royall estate, and comfort of all them that bewaill this miserable dissolutione.

Particular Instructiones, and maire full Declarations giuen be the Generall Assemblie to their Commissioners, direct to the King’s Majestie, the 13th of October, upone every heid of the Articles generally proponit.

1. First, How heavilie the godlie are offendit, and the haill Kirk sclanderit, that Mr David Chalmers, a man notoriously knawne unto his Grace’s Counsell to be not only a formall and professt enemie against the truth of Christ’s religione, a plaine practizer and traffiquer against the same, but also against his Heines’ authoritie and estate, in all partes qwhair he hes travellit; having herewith, resting upon his head, the foul bruite and common suspitione conceiveit in the hearts of many men, upon no small or obscure presumptiones, of the cruell and most barbarous murther of the most noble persone of your Majestie’s umqwhill father, of good memory--sould be so suddenly and with so small accompt enterit in fauour, and receiue his Majestie’s pacificatione, with Letters to dispossess faithfull servants and ministers of God of their livings and possessiones, no dew satisfactione beand made to the Kirk; a matter no less importing great prejudice to his Heines’ noble estate, then touching his Majestie in the highest poynt of his honor; and therefore his Honour would be moued wisely to looke upon the consequence thereof, in consideratione of his weightie grief, wald call back and suspend the force and effect of any thing yet grantit to him, and the charges gine to his repossessione, unto the tyme that just and lawfull tryell of his innocencie be cognoscit, and the haill Kirk, so farr offendit in his persone, be satisfyit, and the same satisfactione be returned from the Kirk to his Grace.

2. The young Laird of Fintrie, direct unto this countrie, as we are surely informit, to practise with his Grace and faithfull subjects for overthrow of religione, be moyen of friends cruppen in Court, and qwherever he comes, plainly maintaines Papistrie, and, under collour of conferrence, qwhill be all meines he flyes, does great sclander in this countrie.

3. The third article is notour.

4. Be the fourth article is meined the King of France, the Duke of Guise, and uther Papists thair; and lykewise, within the countrie, the Earles of Huntlie, Crawford, and uthers. The Kirk is hurt in their liberties and priviledges sundrie wayes, as will appear in the Articles, as follow: Tacks of the thrids of Haddingtone and St Androis, sett to the Laird of Seagy: The Abbacie of Abberbrothock is disponit to the Duke, and no provisione for the minister: The Abbacie of Hallyrudehouse to the Abbot’s young sone: Sicklyke, the Abbot of Newbottle found provydit to the 9 and 10 notor;--as, for example, Mr George Gairden being provydit to the parsonage of Fordyce in the 68 yeir of God, and yet standing titular there: The King’s Majestie hes sett in tack the fruits of the saids benefices to Robert Stewart of Todlaw, and command giuen to the Lords of Session to grant Letters upon the said tacks: Mr Alexander Arbuthnott is chairgit, against the Acts of the Kirk, to remaine in the Colledge of Aberdeene, under the paine of hornyng: The Ministers of the Chapters of Halyrudehouse are chairgit be letters of hornyng to subscryve the gift of pensione made to the persone of Pennycuik, his wife and sone, for their lyfetymes; Sicklyke against the said Act anent the Act made one the penult day of October 1576. Concernyng setting of fewes and tacks of benefices and ecclesiasticall livings, or any part thereof, be such as beare functione in the ministrie, The Generall Assembly, as of before, ratifies and approves the said Act, with this declaratione, that under the said Act, all suspenseones, factories, and whatsoever other dispositione of the benefice, or any part thereof, without the consent of the Generall Assemblie, is and shall be comprehendit in tyme cuming, and that the disponers thereupon shall incurre the penaltie contained in the Act of the date of the 12th of July 1578, Sess. 6.

It is cravit be the Synod of Lawthiane, that this Assembly take order with Mr John Spotswood for setting of the tack of his benefice, butt consent of the Assemblie. The Kirk ordaynes this particular to be tryit in his awne Presbytrie, and the tryall to be reportit to the next Generall Assembly.

_Item_, That this Assembly ratifie the dissolutione of the Presbytrie of Haddingtoune, and unione of the members thereof with uther presbytries, be reasone of many enormities occurrand there--as rare convention of the brether, loathsomeness and contempt of the word in the people, and not executing the Acts of the Assembly: qwhilk head the Kirk approves for the present.

Forsuameikle as sundrie of the penitents, pairtly for poverty, sickness, or distance of place, are unable to compeir before the provinciall Assembly--_Quæritur_, If they may compeir before the Elderschip? Answer: It is not thocht good presently.

The Elders of the Elderschip of Melros are of diverse judgements--some craving the Assembly to continow there--others to ane uther place, or else to devyde it. _Quæritur_, Qwhat shall be best? Answer: They have liberty as they think best, so it be done with common consent.

Sessio 7.

It is thocht expedient that the four Presbytries in Lawthiane be joynit in ane Provinciall Assemblie, and that Dunbar, Churnside, Melross, and Peebles, be joynit in ane uther, and the place of their next Assemblie to be in Lawder, and thereafter to be changit, as they shall think expedient.

Sessio 11.

Ministers that beiris with the people repairing in pilgrimage to wells hard besyde their awne houses, not reproving them, but rather entertayning them with meat and drink in their houses--distributing the communion to their flocks, and not communicating with them be the space of seven or eight yeares--such persones deserves deprivatione.

Sessio 13.

The Generall Assemblie gives licence to the persone of Hauch, to passe out of the countrie for recoverie of his health, the King’s Majestie’s licence being obteinit thereto, and his awne kirk provydit at the sicht of the Presbytrie of Dumbar.

Forsuameikle as sundrie Acts hes past of before, to close the hands of beneficed persones within the ministrie, that they sett no tacks of the benefices, or any part thereof, or make uther dispositione thereof qwhatsomever, without the advyce of the haill Kirk, yet daily supplicationes are gine in to the Kirk for thair consent to be had thereto, howbeit, both for schortness of tyme and utherwayes, the estate of such supplicationes cannot be conveniently reasonit and tryit before them: Heirfore it is thocht expedient that qwhaire any such is to be made, that the samen be first presentit to the particular presbytries whair the benefices lyis, wham before the tryall shall be taken, oath of the old kyndness and title of the supplicant, and of the estate of the benefice--qwhat was of old, rentall thereof--qwhat present--and the pairts and tryall thereof reportit againe to the Generall Assemblie--qwhat order may be tane with the sute according to equitie: and lykewayes ordayns every presbytrie, within their awne jurisdictione, to try and examine what persons hes broken the act made against beneficit persones within the ministrie, that setts tacks or fewes, or makes uther dispositiones whatsumever of their benefices, or any part thereof, against the Acts of the Assemblie; and, after calling of parties, and dew triall taine, to report their names, with the proces, to the next Assemblie.

The proces led be the Presbytrie of St Androis against Alysone Peirsone, with the proces led against Mr Patrick Adamsone before the presbytrie forsaid, and also the proces of the Synodall of Fyffe, to justifie the accusatione led against the said Mr Patrick, was exhibite.

Sessio 14.

Forsuameikle as in reading in schooles, of prophane authors, qwherin many things are written, directly impugning the grounds of religion, and speciallie in the Philosophie of Aristotle, oft tymes the youth being curious and of insolent spirits, drinks in erroneous and damnable opiniones, and founding them upon the bruckle authoritie of the prophane wryters, and maintayns their godless and prophane opiniones, obstinatly in disputation and utherwayes, to the great sclander of the word of God, and offence of the simple and unlearnit: Thairfore, it is provydit, after reasonyng and good advyce, be universall consent agreit, that in all tymes coming, the maisters, regents, and teachers of the scholers in reading of prophane authors, shall vigilantly take heid if there be any thing alleadgit or written in them against the grounds and heads of Religione, and, in teaching thereof, to mark and note the places evict, and confute the errors, and admonische the youth to eschew the same as false and erroneous; and namely, in teaching of philosophie, to note the propositiones following, as erroneous, false, and against the Religione, and condemnit be commone vote of the haill Kirk:--

1. _Omnis finis est opus aut operatio._

2. _Civilis secta et præstantissima, ejusque finis præstantissimus et summum hominis bonum._