[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.
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 electithac 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 hisjust 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 evictitper 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 themwere 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.
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, betheir 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 utherwayesbehaving 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.