[FORTIETH GENERAL ASSEMBLY.]

The Generall Assembly, convenit at Edinburgh in the New Kirk, and begun the seventh of July 1579, wherein there was present the Commissioners of Countries, Provinces, Towns, and Universities.

Sessio.

Exhortation made be David Fargysone. Leitts, Mrs Andrew Hay, Thomas Smetoune, and John Duncansone: be plurality of votis the said Mr Thomas was made and chosen Moderatorhac vice, at whais desyre the Laird of Dunn, Mrs John How, Andrew Melvill, Andrew Hay, James Lawsone, Robert Pont, David Fargysone, and John Greig, were appoyntit Assessors.

Sessio 2.

In the face of the Assemblie, Mr John Duncansone, the King’s Majestie’s minister, presentit his heines Letter direct to the Assemblie, qwhilk was read and humblie receavit, and ordayned to be registrat in the Register of the Kirk, quhairof the tenor followis:

Richt trusty and welbelovit, We greet yow hartilie well. Understanding of your present Assemblie at Edinr. and frae the rumors that passes of some things to be intreatit amanges you, that may seeme prejudiciall to that good order of the Government of the Kirkand ecclesiasticall policie heretofore lang travellit in and hoppit for, We have taken occasione to schaw yow our mynde in this behalf to the minister of our awne house and some uthers of your awne number hapining to be present with us, whom in this caus we have thocht meitest to use as our owne Messengers to carrie our Letter, whereby we will heartily desyre you and effectuouslie wische yow, that in this our young age, the tyme being subject to so many difficulties and imperfectiones, to bestow your common cares and good willes, to intertaine peace and quytness in God’s feare and our dew obedience, forbearing any proceeding at this tyme that may touch matters heirtofore not concludit be any lawes and receivit in practise. But whatever in the former conferences touching the policie of the Kirk was remittit to be resolved and decyded be our estates in parliament, let it so rest without prejudging the same be any of your conclusiones at this tyme, since our parliament now so schortly approaches, and that we are weill pleasit and content, that before the same sic matters as are not yet reasonit may be farther consultit upon and prepared to pass in forme of lawes, and the meitest for that wark to be expresslie imployit therein; to the end that the things conferrit and agreit upon may be presentit to our estates, to be approvit in our said parliament, and dew executione to follow thereupon for the advancement of God’s trew religione and the repose of yow and uthers our good subjects the members of the Kirk of God within our realme: and for this cause we will not only be the authors and perswaders of common peace amang all of your owne functione, but amangst all others our good subjects, alsweell generallie as in the particular Kirks where ye travell, that some men over bussie to work the contrarie effects may finde themselves disappointit, and that our haill estate, be your good example, may be rather disposit to conforme themselves to a godly and peaceable course of living, qwhilk we are assured shall be pleasing to God and to us most acceptable, as ye may perswade yourselves of our willing inclinatione to set fordward this actione according to God’s will and word, with all the diligence and good meanes that may be used; and so looking to be informed of the success of this our reasonable request, and admonitione, We committ you to the protection of God. Att our Castle of Striviling the 5 of July 1579.

Sic subscribitur,Ja. Rex.

Direct to our trusty and well-belovits the Ministers and uthers of the Kirk presently assemblit at Edinr., &c.

Sessio 4.

Twiching the epistle presentit be Alexander Arbuthnott to be prefixit to the Bible, the brether hes desyrit the Moderator and his Assessors to read and consider the same, together with the Kalander to be presentit to Mr Robert Pont, and to give their judgements thereof the morne.

Sessio 5.

Anent the buriall of the Earle of Atholl of good memorie, the Kirk thocht meit to direct from the Assembly Mrs John Row and Johne Durie to desyre of them that all superstition be avoyded thereat; quho reportit that they had made information to their honors, that the bruit was of same superstitious rites qwhilks ware prepared for the buriall, as ane qwhyte cross in the mortcloath, lang gownes with stroupes and torches: quhair answer was that it was not ane crosse, and grantit the gownes and denyit the torches; alwayes desyred the Kirk to direct two to sie if sic things as was prepared were superstitious, and they sould be reformit: according qwhairto war immediately sent to them David Fargysone, John Braid, and John Durie, to declare, The Kirk thocht the crosse and stroupes superstitious and ethineque lyke, and to desyre them to remove the same; who returnit with answer, that the Lords should cause cover the mortcloath with black velvet, and the stroupes should be removit.

Anent the act made in the last Assemblie concernyng the suspensione of visitors fra giving collation of benefices to any persones by the ministers serving actuallie at the kirks where the saids benefices lyis; The Assembly ordayns the same act to stand in full effect and strength whill the nixt Assembly, qwhere the matter being newly proponit, may be farther resolvit.

The brether thocht good that the late conferrence haldin at Striviling to sic as the King appoynted thereto sould be read, seen, and considerit, with the booke of the Policie, to see wherein the said conferrence agries with the conclusione already of the Kirk. Cap. 1.

Concerning the doubt made upon the second article of the said chapter, the Kirk explaines that article, and declares it is understand baith of the particular presbyterie and generall Kirk. 4. Article is thocht plaine anouch. 6. Agreit to the dilatione containt inthe 6th article. The 9 article the Kirk thinks good—it stands as it is in the Kirk, and the 12 sicklyke. 3. The Kirk ciks to the word government, this word discipline. The 10 article to remaine unalterit.

Sessio 7.

The Kirk present willed Mrs Andrew Melville, Andrew Hay, John Craige, William Chrystisone, and the Laird of Dun, to convein in the place of the Assemblie, and to visit the answer gine in be Mr Patrick Adamsone; to remove the corruptions in the estate of Bischops, and to giue their judgement thereupon the morne.

Sessio 8.

The Assemblie weyand the apostasie of Mr Niniane Dyell, master of the Grammar School of Dumfries, deposed himsimpliciterfrom the functione of the ministrie in tyme cuming, and suspends him from teaching the schoole and youth, qwhill alse good experience be had of them of his lyfe as they have had of his defectione; and in the meanetyme ordayns ane of the Doctors of the school, if he be sound in religione, to teach the schoole of Dumfries dureing that tyme; and farder ordaynes him publickly, in face of the haill Assemblie, to confess his offence, and thereafter to pass to the towne of Dumfries, and uther pairts of the countrie where he hes abused the simple people, and likewise publicklie in presence of the commissioners confesse the same, revockand the saids errors and professand the contrarie, craving God and his Kirk pardon therefore; and that immediately after his and the commissioners’ hame passing, under the paine of excommunicatione.

Sessio 9.

Anent the Bischops or Commissioners of Countries that absents themselves from Generall Assemblies at the tyme appointit; The Kirk hes ordainit the act made the 12 of Aug. 1575 to be execute against them, and namely against St Androis, Morray, and Aberdeen, all absent; and the said act to be understand of Bischops haveand office appoyntit of Visitation appoyntit to them be the Kirk, but sic also as hes not the said office.[19]

Anent Jesuits repairing in this countrie; the Assemblie present hes votit and concludit, that the Commissioners of Provinces take tryall and diligently inquire if any sic persones resorte within the bounds of their office; and if any be found, to charge them straitlie to give confession of their faith, revock their errors, subscribe the articles of religione presently established be the mercie of God within this realme; and if they refuse, to proceed with the sentence of excommunication against them, beside the civill punischment to be askit of the King’s heines, and that this act be execute against Mr John Hay.

Ordaynes ane supplication to be made to the King and his Counsell that good order may be taken with the Universities of St Androis, and the corruptiones reformit and taken away; and to that effect that his heines with his Councill wald direct some wyse, godlie, and learnit men to consider the estate thereof, and direct letters chargeing the Masters and Regents of the said Universitie to produce before sic as his heines and Councill sall nominat with the brethren efter specified in name of the Kirk, viz. Mrs Robert Pont, John Row, Andrew Hay, Andrew Melvill, Thomas Smetoune, and Thomas Buchanan, ministers; the fundationes of the colledges to be seine and considerit be them: To the qwhilk brether the Kirk for their pairt gives commissione to censure with the King’s Majestie’s Commissioners, to take order, and redress all such corruptiones and defaults as pertaynes to the Kirk, and in so far as they may do.

Sessio 10.

Mr Ninian Dalzell producit to the Assemblie his opinione concernyng the heads of religion qwhilks are in controversie subscryvit with his hand, agrieing in all poynts with the opinion and judgement of the Kirk; protestand before God for no favour or feid of flesche, he affirmed the doctrine contained therein, and is alwayes mynded to live and die in the same.

The Generall Assemblie gives full power and Commission to their honourable brether the Lairds of Lundie, Braid, Elphinstoune, Carnal, Bargany, Carltowne, Abbotshall, Soffurd, Coldenknowis, Patrick Kynnynmont, with the Commissioners appointit over the haill provinces within this realme, be the said Assemblie, Mrs Robert Pont, James Lawsone, John Craige, John Duncansone, ministers, Andrew Melvill, Alexr. Arbuthnot, with sic as shall have commissioneto be direct from the burrowes, or to the maist pairt of the said number, to convene where it shall happen the parliament to be halden two dayes before the halding thereof, and with their advyce, conceive and forme sic heids and articles as they shall think meit to be proponit thereto, in name of the Kirk, ffor the weill and maintainance of God’s Glory and Policie of the Kirk of God to desyre; with all humilitie and reverence to crave the samen to be grantit; to conferr and reasone thereupon the saids heids and sic as shall be proponit there, sicklyke and as the said Assemblie might doe if they were present, firme and stable.

The Generall Assemblie gives full power and commission to their lovit brethren John Erskine of Dun, John Duncansone, Andrew Hay, John Craige, Thomas Smetone, ministers, and Andrew Melville, principall of the Colledge of Glasgow, to passe to the King’s Majestie and Councill to Striviling with convenient expeditione, and to present unto his heines and Councill sic heids, articles, and complaints as are gine and already delyvirit to them be the Kirk, with humble instance and reverence to crave and receave answer thereof, and therein to travell effectuouslie and with diligence, and namely to make sute for the reformation of the Universitie of St Androis, and that tymes may be appoyntit thereto: qwhairof the said Assembly willed their breither to make dew advertisement to sic as the said Assembly hes namit for their part, and what beis done to report againe to the next Assembly, firme and stable haldand and for to hald, whatsumever their said brether in the premisses righteouslie leids to be done.

Articles presentit to the King’s Majestie be the saids Commissioners.

1. The Kirk craves of the King’s Majestie wald make generall prohibitione that nane of the inhabitants of this realme send their children to Paris or any uther universitie or toune, professing papistrie, under sic paynes as his heines and his councill think expedient.

2. That his heines wald cause and compell the Provest and Masters of the Colledges of the Universitie of St Androis to produce and exhibite the erection and foundationes of the colledges within the said Universitie, to be considerit be his heines, and sic as his Grace shall appoynt; also that the saids foundatione may be sichtit, and reformation made thereanent as effeirs.

3. Because some Jesuites are presently within this countrie, that order may be taken with them as effeirs.

4. Because ane minister is not sufficient at all tymes to await upon his Grace and his heines’s house, to preache, exhort, admonische, and preserve discipline within the same; Therefore the Kirk craues that his heines will be content to name ane uther minister within this realme, of best qualities, to be joynit with John Duncansone, that they may both be mutuall, await upon his Grace and the haill ministrie of his house.

5. That because in the last conferrence, halden in Striviling be his Grace’s command, concernyng the policie of the Kirk, certain articles thereanent remaines yet unresolved and referred to farther conferrence, therefore the Kirk craves at his Majestie, that persones unspotted of sic corruptions as are desyrit to be reformit, may be nominat be his Majestie to proceed in the farther conferrence of the said policie, and tyme and place to be appoyntit for that effect.

6. Because the Kirk understands that his Majestie, be advyce of his Secret Councell, directs letters oftentymes to stay the executione of the acts of the Generall Assemblie, as also summonds ministers to take tryall of excommunicatione pronouncit be them according to the word of God and discipline of the Kirk, stayes the producing of the same, as the Commissioners of the Kirk in particular will declare; that therefore his gracious Majestie heirafter wald suffer the acts of the Generall Assemblie to be put in executione, and namely that excommunicatione being pronouncit, may haue the dew executione, without controlling thereof before his Majestie and Secret Councill.

Questiones proponit be the Synodalls to the Generall Assemblie.

In respect of great inconvenients that hes ensewit, and daily does ensew, be readers in using their office, the haill brethren hes inhibite all readers from ministring the sacraments and solemnization of marriage, permitting nothing unto them but the proclamatione of the bands, simple reading of the text, desyreing ane uniforme order to be establischit be the acts of Generall Assemblie throughout all provinces.

Responsio: So manie readers as the Commissioners and Synodall Assemblie findes unmeit to solemnize marriage to be inhibit be them, in respect that syndrie brethrene besydis their ministrie hesparticular benefices, whereby the kirks where their benefices lyis are disappoyntit of service, that ane uniforme order may be tane that men may serve either at the kirk where the benefices lyis, or provisione to be made for the same.

Answer: Agreit heirto.

Presbyteries wald be erectit in places where publick exercise is used unto the tyme the policie of the Kirk be established be law. Answer: The exercise may be judged a presbyterie.

If any aucht or may be sufferit to read within the Kirk in tyme of necessitie, without admissioune, althoch they be elders or deacons. Resp.: Negatur simpliciter.

If all kirks have not the same equall power to marrie on an owkday by the Sabbath, havand ane sufficient number, and joyning preaching thereto, as certaine particular kirks alreadie practises the same.

Responsio: It is agreit that they may marrie on feriall dayes.

What order shall be put to them that bides from the communione, alleadging invy that they beare towards their neighbour:—the cause thereof and uthers that neither will speak, salute, nor bear familiar company with their neighbours, beand requyrit be the ministrie, will not obey—oucht they to be admittit?

Responsio: Ordaynes the persones lyand under invy to be admonischit, and the uthers not to be sufferit without reconciliatione and testificatione of brotherly love.

What ought to be done to sic persones that after admonitione will pass to May playes, and speciallie elders and deacones and uthers wha beirs office in the Kirk?

Responsio: They aucht not to be admittit to the sacrament, and specially elders and deacons.

May marriage be solemnizat any day in the weik?

Responsio: Bands being three severall Sondays lawfullie proclaimit, the marriage may be any day of the weik solemnizat, sua that ane sufficient number and witnesses be present.

What order shall be taken with those persones that passes to ane popish priest to be married, their bands not beand proclaimed: shall they be esteimit as married; and if not, what discipline shall be usit against them?

Answer: The conjunctione is no marriage, and therefore ordayns the persones before their particular Assemblies to be callit to satisfie as fornicators; and upon new proclamation to be marriedaccording to the order of the reformed Kirk, and the papist priest to be punischit.

Ordaynes the commissioners of countries and their assessors to try within their bounds, sic of the ministrie as hes pluralitie of benefices and offices, and to inquyre the reasons thereof, to be reportit be them to the nixt Generall Assemblie, with their names that bruikes the saids benefices and offices, that the Kirk may take order for removeing thereof.

Anent the act made anent the apparell of the ministers and their wyfis; ordayns the same to be put to executione in all poynts, according to the tenor thereof.

The nixt Assemblie to be the secund Tuesday of July nixt to come, in Dundie. The haill brethren present warnit thereto.

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