Part 32
Sir,--Let it pleise your Heines; We have receavit your letter willing us to elect Mr Robert Pont to the Bishoprick of Caithness, vaickand be decease of umquhile Robert Earle of Marche, your Heines’ uncle. We praise God that your Majestie hes ane good opinione and estimatione of such a persone as we judge the said Mr Robert to be, qwham we acknawledge indeed alreadie to be a Bischope according to the doctrine of St Paull, and qualified to use the functione of ane pastor and minister at the kirk of Dornoche, or any uther Kirk within your realme, qwhan he is lawfully callit, and worthy to have ane competent living appoyntit to him therefore; as also to use the office of a Commissioner or Visitor in the boundes of Caithnes, if he be burdenit therewith. But as to that corrupt estate or office of them who hes been termit Bischops heretofore, we find it not agreeable to the word of God, and it hes been damnit in diverse uthers our Assemblies; naither is the said Mr Robert willing to attempt the samen in that manner: the qwhilk thocht good to signifie unto your Majestie, for answer unto your Heines’ letter of nominatione, and have ordaynit our breither to be appoyntit Commissioners to awaite upon the nixt Parliament, to conferr with your Heines and Counsell, if neid beis, heirupone. This, after offering our humble obedience, we earnestlie wische the Spirit of the Lord to assist your Heines in all godlie affaires. From our Generall Assemblie, the 28th of Junii 1587.
In respect of diverse conclusions of before, with the daily practise and examples sinsyne, the questione being reasonit _de novo_, If suspensione of ane minister from the functione of the ministrie for a tyme, for just causes, be repugnant to the word of God, or no?
It is found that the samen agries with the word of God and his scriptures, and therefore the acts made thereanent before, to stand in full strength, and not to be callit back againe in any wayes.
Sessio 16.
It is concludit that all pastors, of qwhatsomever sort they be, shall be subject to the censures and tryell of their breither, alsweill of the Presbytries as Synodall and Generall Assemblies, concernyng their lyfe, conversatione and doctrine; and such as refuises the tryell and censure, that the saids Presbytries, Synodall and Generall Assemblies, proceed against them.
John Erskine of Dune, Mrs Robert Pont, Andrew Melvill, David Lyndsay, Thomas Buchanane, Andrew Hay, Robert Bruce, John Robertsone, Alexander Lawsone, Robert Grahame, Patrick Gallaway, David Fargysone, Nicoll Dalgleische, John Porterfield, James Andersone, John Duncansone, Adam Johnstone, Walter Balcanquall, Andrew Clayhills, and John Brand, or any thirtiene of them, were ordaynit Commissioners to the Parliament.
Mr Andrew Melvill was ordayned to penne a favourable letter to the ministrie in Danskine, congratulating their embraceing of the trewth in the matter of the sacrament.
THE KING’S MAJESTIE’S FIVE ARTICLES.
1. If any controversie be, concernyng the Bischope of St Androis, that it be reasonit in his Majestie’s presence.
2. That the Bischope of Aberdeene be not intrestis[24] his jurisdictione and living, but the same to be exercit be himselfe, because the alleadgit sclander, qwhereby he was damnifyit of before, is sufficiently tryit and removit.
3. Concerning James Gibsone and Mr John Cowpar, that they acknowledge and confesse their publick offences and sclanders against his Majestie, and satisfy therefore as he shall think good, or utherwayes be depryvit from all functione in the Kirk.
4. Concernyng Mr Robert Montgomrie, that he be receavit, without farther ceremonie, to the fellowschip and favour of the Kirk.
5. Concerning the Laird of Fyntrie excommunicat, qwhilk was somewhat extraordinary, to be null.
INSTRUCTIONS to the Commissioners appoyntit to wait on the Parliament.
1. As concernyng the King’s Majestie’s Articles: In the first two, let the judgement of the Kirk be followed and notified to his Majestie. As to the third, they shall travell by all good meanes possible to prease his Majestie in this matter, and bring it in oblivione; and failzieing thereof, in case they shall finde any good assured hope that the Kirk’s Articles shall be weill looked upone, and grantit to passe in Parliament, they shall prease to bring the matter in such ane mids as may best agrie with the honor of the ministrie, satisfying the offence of the godly and conscience of the brether themselues, against wham his Majestie hes taken offence, as may be that in speciall qwhilk his Hienes’ Commissioners send in wreit to ane of the saids brether, utherwayes, if they be urgit to the Articles as it stands, they shall leave the matter haill, and frie to be tryit be the Generall Assembly. As to the 4th, they shall dispence with Mr Robert Montgomerie in some ceremonies used in repentance, in case they find his Majestie willing to remitt somewhat of the rigour of His Majestie’s satisfactione cravit of the two brethren, be qwham he finds his Majestie offendit. As to the 5th, concernyng the Laird of Fyntrie, they shall schaw his Majestie that the Kirk hes appoyntit certaine of their brethren to sie qwhat effect the dealling of them that was appoyntit in the last Assemblie hes taken with him, and to travell farther be all good meanes with him to bring him to repentance to the bosome of the Kirk, qwhairby that sentence may be in very deed annullit: they shall admitt nothing hurtfull or prejudiciall to the discipline of the Kirk, as it is concludit according to the word of God in the Generall Assembly preceding the 84 year of God, but precisely seek the samen to be ratifyit and allowit, if possible may be; and finally, in all let God be feared, and a good conscience keepit, in procureing the weill of the Kirk, and taking away all impediments contrare thereto.
The next Assembly at Edinburgh, the first Tuesday of July.
[FIFTY-SECOND GENERAL ASSEMBLY.]
Att Edinburgh, in the New Kirk, the 6th of February 1587 (1588.)
Exhortatione made be Mr Andrew Melvill. Leitts, Mrs Thomas Buchanane, Peter Blackburne, Patrick Galloway, Robert Bruce, and Nicoll Dalgleische: The said Mr Robert was chosen Moderator, _hac vice_.
The haill Kirk hes desyrit the King’s Majestie’s Commissioners, the Mr of Lyndsay, my Lord Ochiltrie, the Laird of Lochlevine, and the Constable of Dundie, the Tutor of Pitcurre, the Lairds of Kylluchie, Capringtoune, Qwhyttinghame, Mr John Lyndsay, Senator of the Colledge of Justice, John Johnstoune, Commissioner of Edinburgh, Alexander Scrymgeour, Commissioner of Dundie, William Menzies, Robert Pont, David Lyndsay, Andrew Melvill, Thomas Buchanane, Peter Blackburne, and William Chrystisone, to concurr with the Moderator in advyseing of speciall matters to be concludit.
Forsuameikle as this Assembly being extraordinary convenit for the great dangers appearing to the Evangell within this countrie, qwhilks, in a part, war declared be the Moderator: It was proponit in deliberatione qwhat sould be the readdiest way to quensche the present fyre of Papiscie kindlit throughout all the countrie; and because the propositione was of great weight, the Assemblie requyrit the Barrones and Gentlemen for their part, the Commissioners of Burrows on the 2d part, and the Ministrie on the third part, to conveene themselves apairt, advyse and propone their advyce to the Moderator and his Assessors the morne, such mids as they find offerit to them; and, for farderance thereof, ordayns Mrs Peter Blackburne and Hew Fullertone to give informatione of the evidents thereof in thair countries; injoyning farther to the haill breither and Commissioners of the countries to give in their declarationes of Papistrie and Jesuites in wreite the morne to the Assemblie.
Sessio 3.
The advyce of the Noblemen and Barrones was presentit to the Assemblie, read, and be commone consent thought meit; allwayes first, it seemed good that Archbald Earle of Angus, my Lords Marschell, Marre, Ochiltrie, and Sinclare, the Lairds of Coldounknows, Lochlevin, the Tutor of Pitcurrie, the Constable of Dundie, Alexander Scrymgeour, John Adamsone, Mrs David Lyndsay, Patrick Galloway, David Fargysone, Robert Pont, and Peter Blackburne, to conferre with his Majestie upon the same head as they shall be advertised from the Chancellour.
The AVYCE of the Noblemen, Barrones, and Gentlemen anent the purging of the land of Idolatrie and sedicious intysers.
1. That the Lawes of the countrie be without delay execute against all Jesuites, Seminarie Priests, Idolaters, and maintainers thereof, and for that effect every man, alseweel of the gentlemen as of the ministrie, here assemblit, shall, as they will answer to God, and as they tender his glory and the weill of his Kirk, giue up presently in catalogue, to the Moderator and Clark, the names of such as they know and esteem to be Jesuites, Seminarie Priests, traffiquers against religione, receivers, intertayners or mayntainers of such persones: the qwhilks names shall be gine to Sir Robert Melvill, Thesaurer, quha hes promised within 48 houres thereafter to dispatche summonds upon them all. 2. Seeing the danger cravit be the saids persones is imminent, and the formall executione of the Lawes will requyre a longe proces of tyme, his Majestie and Counsell earnestly to soliscit and urged to provyde incontinent some extraordinary remedie for the extraordinary danger, and execute the Lawes without delay upon the chiefest of the Jesuites and thair maintainers, doing as if treasone war intendit against his owne persone and crowne. 3. If the Assemblie shall think expedient, the saids Noblemen, Barrones, and Gentlemen presently assemblit, shall gang togither to his Majestie, and regrait the cause of the Kirk and commonweill to his Heines, and the dangers wherein the libertie of this realme, their lyfes and consciences stands into, be the craft of Jesuites and traffiquers, qwho hes seducit and steirit up enemies, both intestine and forraigne, to bereave them of the same, and offer themselves, their lyfes, lands, and friends, to be imployit at his Majestie’s pleasure, for preventing their most dangerous attempts and bloody devyses.
Sessio 5.
All ministers within their awne bounds war exhortit to travell earnestly with their parochiners, and informe them of the necessitie of the exiled brethren in France for the religione, that they may be supportit: Ordaynes Mrs Robert Rollock, Andrew Melvill, Thomas Buchanane, and Peter Scharpe, to visite the reply made be Mr Peter Blackburne to Mr James Gordowne.
Sessio 6.
The Lords direct to the King’s Majestie reportit they had conferrit concernyng Papists, planting of kirks, discipline, and the poore, and receavit good answers, as, namely, that there was mair mister of executione against Papists nor advyseing, and that his Heines was glad of the solemnitie of their Assemblie, and before the discovering thereof desyrit they sould resorte to him, qwhere they should hear farther of his good will: yet because there was many particulars qwhilk under generalls, his Grace had appoyntit sax of his Counsell to conferr with so many as the Kirk on the other syde sould appoynt the morne. The Assembly nominat for the part of the Kirk, the Lairds of Wedderburne, Culluchie, Capringtoune, Ormistoune, Whittingham, John Johnstoune, Alexander Scrymgeour, William Menzies, Oliver Peebles, Mrs Robert Pont, Andrew Melvill, David Lyndsay, Peter Blackburne.
Sessio 8.
The Assemblie direct the minister of Dysart to charge Mr Patrick Adamsone to compeir personallie before them, and to crave his awne petitione anent the supplicatione of Mr Robert Montgomrie. The Kirk having taken consideratione of the proces laid against him, and circumstances of that matter, ffinds he may be admittit Pastor over a flock qwhere he hes not been sclanderous, provyding that he be found qualified in lyfe and doctrine.
Sessio 9.
The Chancellor being present, desyred the breither to wey if James Gibsone had not offendit the King’s Majestie,--not only that he had uttered in his sermone thir words following againes the King’s Majestie, viz. That he weined that James Stewart and Lady Isobell and William Stewart had been the persecutors of the Kirk; but now he finds be experience that the King himselfe has been the persecutor; as Jeroboam, for erecting of idolatrie and permitting thereof, was the last of his posterity, so he feares if he continued, he sould conclude his race.--But also, that he, acknowledging to the brethrene of the Conferrence that he had offended his Grace, he promised to make satisfactione, and had fealed and broken promise; for after calling of the said James, quho compeared not, my Lord Chancellour desyred the Moderatour to put to the vote of the Assembly if the words aboue specified were offensive: Quho, in respect that non offerit any reasone against the samen, proponit the same termes to them, quho for the maist pairt votit affirmative, the samen words to be offensive.
Sessio 10.
Anent the forme of Repentance prescryvit for adulterers, homicides, and uther crymes, qwhereof the satisfactione, of before, be acts of the Kirk, was made before the Synodall Assemblie: Sieing in many pairtes of the countrie the penitents at such tymes of the year when Synodall Assemblies are halden are in lawfull traffecking out of the countrie; It is found expedient in tymes comeing, qwhere Presbytries are weill orderit and establisched be judgement of the Synodall Assemblie, the saids penitents shall performe universallie throw the realme, their satisfactione before the Presbytries, in such forme as they were accustomit before the Synodalls, utherwayes, where the Presbytries are not yet constitute be the judgement of their Synodall Assemblie, the accustomit order to be keepit.
Sessio 11.
Forsuameikle as, James Gibsone being present, was summoned be the voyce of the Moderator to be present afternoone, to hear the matter concerning him reasonit, and as it was testified be diverse of the brether, qwha satt near him, and heard, he promised to compeir; and yet being oft tymes callit and compeirit not, the Assemblie finds him contumax for not compeiring, nor sending any reasonable excuse of his absence.
Sessio 13.
The Assembly present, adviseing with James Gibsone’s matter, for the most part votit and adjudgit the said James to be suspendit from his office and functione of the ministrie, during the will of the Kirk.
Sessio 15.
The humble SUTE of the Kirk, presentlie conveint at the Generall Assemblie, to the King’s Majestie:--
SIR,--Your Majestie remembers the cause of conveining this Assemblie at your Heines’ command, qwhilk consists principallie in two poynts--ane for suppressing of Jesuits quho are enterit in this realme, and practises with their complices to subvert the sinceritie of religione, presentlie professed within the samen: ane uther to provyde such meins, that in tyme comeing, such dangerous interpryses may be avoydit and eschewit.
As to the first, we humbly craue--1. That some of the principall Jesuites and uthers shall instantly be taken order with, to give example to the rest, viz. Mrs James Gordoune and Williame Crichtoune, quha are instantly in this toune, that they may be incontinent callit before your Heines and your Councill, and there to be declareit to them how thair lyves are in your Majestie’s hands, for contravening your Majestie’s lawes, and yet of your Grace’s clemency, does spare; chargeing them in the meane tyme within the towne of Edinburgh unto the tyme of the passing away of the first schippes that shall depart, qwherin they shall be enterit and send away; and that it be denuncit, that in caice they returne at any tyme hereafter, in this realme, without your Heines’ licence, the law shall be execute against them to death, without any further proces:--Next, that the Lairds of Fintrie, Glenberve, younger, and uthers excommunicat Papists, shall be gine up in bill, callit before your Heines and Councill, and such things layde to their charge, as they are culpable off, according to the laws and acts of Parliament, that the penaltie thereof may be execute against them, and such as are apostats from the trew religione, qwhilk ance they embracit, be callit in lyke manner and punischit. 3. That summonds be presently direct against all receiptars of Jesuites, Seminarie Priests, and traffiquers against trew religione, and lykewise to summond witnesses, be qwhais depositiones they may be convict of the crymes forsaid; and in speciall, that such as are of the estate, and are culpable of apostasie or papistrie, shall on no wayes be sufferit until the tyme they haue satisfied alsweill the Kirk as his Majestie and estate: And, generallie, that all Noblemen whatsomever, without execptione, knawne maintainers of Papists, or enterprysing any thing contrair the trew religione, shall either be put presently in ward, or exylit the countrie.
Anent the planting of kirks, this is our advyce unto your Majestie, that Commissioners be direct from your Majestie and this Generall Assembly to the north and south parts of the countrie, to visite and plant ministers where need requyres, suppressing of papistrie; having commissione and power alwayes of your Majestie and the Kirk to call before them, all that are suspect of perverting trew religione, or revolting therefrae, and to doe all wther things necessar for reformatione of those partes: And because the said wark cannot pass fordward, unlesse there be provisione made alsewell for Commissioners of the Kirk as ministers to be planted in necessare places, that certaine be deput from the Counsell and certaine of the ministrie, to conveen with all good expeditione, and sicht the rowmes of the thrids, that it may be considerit qwhat may be spared to that effect; and where the said thrids has been abused in tymes past, to sie how the samyne may be reformit, and that the act made for dischargeing of pensiones out of the thrids and superplus, and proclamatione past thereon, may take full force. Lykewayes, giving power to the saids Commissioners to reforme colledges and schooles; and where the rent thereof is abused, to put convenient remedie thereto, and where it may not serve, to sie how it may be helpit, and that sufficient men be placeit in the rowmes of idle-bellies, and to depose them from the office of the ministrie, and from their benefices, all such as shall be found vnworthie or sclanderous in lyfe or doctrine, alseweill bischopes as wthers: That it wald please your Majestie to take some solide order that the lawes made for punischment of vyce, and Commissions appoynted thereanent, may take some good effect: And last, that order may be taken with the poore that wanders up and doune the countrie without law or religione.
GRIEVES of the Kirk given in to his Majestie.
1. It is an exceeding great griefe to sie Jesuites, Seminarie Priests, &c. to be sufferit to pollute this land with idolatrie, to sie practisers and traffiquers against the trew religione and the libertie of this realme to be receipt and maintained, and receipters and maintainers of both the ane and the wther so to abound every where, and not only to be tolerat _impune_, but also to have speciall credite, favour, and farderance, at Court, in sessione, in all their affaires, and the trew word of God contemptuouslie despysit be the multitude, his holy sacraments horribly profaned be privat, corrupt, and unlawful persones--the discipline nothing sett by, the persones of the ministers and office-bearers shamefully abused, themselves beggerit, and their families hungerit, and yet neither the lawes againes idolatry and vyce, nor the lawes for the libertye of the Kirk dewly execute, as may be seen in the particulars following: About Dumfries, Mr John Durie, Jesuite, seducing and preaching under the name of Mr William Lang, qwho, with his complices, had masse within Dumfries, before Pasche and Zoole last was: The Lord Herreis, the Laird of Kilqwhamlay, the Goodman of Drumrischie, Mr Thomas Maxwell, Commissioner, John M‘Gie, Commissar Clark, John Bruce, merchand, John Rege, Notar, Paull Thomsone, my Lady Herreis, elder and younger, my Lady Mortoune, the Lady Tweddall, Papists, apostates, maintainers and profest favourers of Jesuites. Captain Horslinger does no lesse hurt in Drumfries nor the Jesuites; no resorting to the hearing of the word, nor discipline, superstitious dayes keepit be plaine command, and controlling of the deacones of the crafts--all superstitious rytes at Zoole and Pasche--no kirks plantit sufficientlie.
_In the North._
Mrs James Gordoune, Edmond Hay, Alexander MacWhirrie, John Scott, Alexander Meldrum, Arthure Pantone, Jesuites, makes residence chieflie in Moray and Strabogy, but seduces every where in Buchane, Garrioch, Aberdeene, Marre. They repaire commonly with Airth, Laird of Leslies, elder, Androw Harvie and his mother, Andrew Leslie of the Peill, excommunicat for Papistrie, the Chancellor of Auld Aberdeene, and to young Glenbervie, excommunicat, where they have their house mass at their pleasure, and their publick mass erectit in the Laird of Leslie’s chapell, with twa idols above the altar, and there hes married two common adulterous harlots, Andrew Proctor and Janet Wilsone, qwha wald never give obedience to the Kirk. _Item_, Mr Peter Blackburne is compellit to desist from visitatione, bee diverse charges of the King’s letters, purchast be the Bischop of Aberdein.
_In Ross._
Mr John Leslie restorit to the bishopric of Ross, in the last Parliament, Mr Alexander Leslie, persone in Kinkin in Ross, newly providit, an excommunicat Papist, in the Presbytrie of Aberdeene, Sir Donald Simsone, profaner of baptisme, and abwser of marriage.
_In Caithness._
The Earl of Sutherland, with his Ladie and friendes, Papists, vehemently suspect lately to have had masse, and contemners of the word and sacraments.
_In Mearns and Angus._
William Dowglass, sonne to the Laird of Glenbervie, hes caused unbeset at syndrie tymes, Mrs George Gladstanes and Andrew Myllne, with armit men at their house, and lying in wait for them about their houses, and were not the relief of God and good men, had taken their lyves. In the west part of Angus, Patrick Lord Gray under proces of excommunication, Mr Thomas Gray excommunicat, Sir John Fyfe, Priest in Langforgund, David Grahame of Fyntrie excommunicat, James Grahame his brother a Papist, Thomas Abercrombie of Middel Gowrdie, haveing subscryvit, communicats not, but continues ane commone reasoner against the religione--a defender of Papistrie--a receiver of Jesuites. Patrick Lyndsay, brother to the Laird of Wame, ane reasoner against the truth in every place. Mr Clark, servant to the Lord Hoome, Mr George Hetley, minister at Abernyty, cruelly invadit be Thomas Boyd, and in redding of them ane man slaine. Fyft, No resorting to the Kirk in many places: their kirks ruinous and destitute of pastors and provisione in many places. There is superstitious keeping of Zoole, Pasche, &c. The Lords of Session keeps not their ordinar dayes, Wednesday and Fryday, for calling of the ministers’ actions. Mr Thomas Dowglas, minister of Logie, was cruelly invadit be John Forret, brother to the Laird of Forret. The Abbacie of Dumfermling gine to the Earle of Huntly, qwherunto he and the Papists with him resorts. The Bischop of St Androis continows in giving of collatione of benefices to unworthie persones, viz. Mr William Thomsone, persone of Flisk, Mr Androw Allane, viccar of Lewchars. The said Bischop withhalds from Mr David Spence ane haill year’s stipend; and notwithstanding he hes beene at the horne, can get no payment nor order of him.
_In Lawthiane._