[FORTY-FIRST GENERAL ASSEMBLY.]

The Generall Assemblie, conveint at Dundie, and begune the 12th of July 1580, where there was present the Laird of Lundie, Commissioner for his Majestie, Commissioners of Provinces, Townes, and Universities.

Sessio.

Exhortation made be Mr Thomas Smetone, minister of Pasley: Leitts, Mrs Robert Pont, James Lawsone, Andrew Hay, John Duncansone. The said Mr Thomas, be pluralitie of votes, was chosen Moderator, who desyrit certaine brether to be appoyntit wham he would nominat to conferr with him: Upon whais desyre, because that certaine brether were offendit with the order of Assessors as though some tyrrannie or usurpatione might creep in thereby, or liberty taken from the brether, Questione was movit to the haill Assemblie if the said order was worthie to be continued as it hes been before, or to be rejectit as prejudiciale to the libertie of the brether; and to the effect that all occasione of murmure may be taine away, all that wald reasone in this questione being requyrit publickly, in fine, the haill Assemblie concludit the said order to be good and necessar, and to be keepit as it was before, without any hurt or prejudice to the libertie of the brether.

The Assessors, Mrs Robert Pont, Thomas Smetone, Andrew Melvill, George Hay, William Chrystisone, David Fargysone, John Young, Patrick Auchinleck, Thomas Buchannan, the Laird of Braid, and John Johnstoune.

Sessio 3.

Mr John Craig, ane of the ministers of the King’s houss, presentit his heines wryting, which was opinly read in the face of the haill breither, with all humilitie, and praised God in his heines good zeal. Thetenor:—

Trustie and well beloved Friends, We greet you weill. We haue direct toward yow our traist friend, the Prior of Pittenweyme, and the Laird of Lundie, instructed with our power to that effect, for assisting yow with their presence and councill, in all things that they may, tending to the glory of God, and preservatione of us and our estate; desyrand yow heartilie accept them and our good will committit to them for the present, in good part: So, we commend yow to God’s protectione. From our Palace of Falkland, July 12, 1580.Sic subscribitur,

James Rex.

Sessio 4.

Forsuameikle as the office of ane bischope, as it is now wsit, and commonlie taken within this realme, hes no sure warrand, auctoritie, or good ground, out of the Scripture of God, but is brought in by the folie and corruptione, to the great overthrow of the Kirk of God; The haill Assemblie of the Kirk, in ane voyce, efter libertie gine to all men to reasone in the matter, nane opposing himself in defending the said pretendit office—Finds and declairs the said pretendit office, usit and termit as is above said, unlawfull in the selfe, as haveing naither fundament, ground, nor warrant, within the word of God: And ordaynes that all sic persones as bruiks, or shall bruik heirafter, the said office, shall be chairgit simpliciter to dimitt, quyte, and leave of to the samen, as ane office whereunto they are not callit be God; and sicklyke to desist and cease from all preaching, ministratione of the sacraments, or wsing any way the office of pastors, whill they receivede novoadmissioune from the Generall Assemblie, under the payne of excommunicatione to be wsit against them, qwherin if they be found disobedient, or contraveine this act in any poynt, the sentence of excommunicatione,after dew admonitiones, to be wsit against them. And for better executione of the said act, it is statute that ane Synodall Assemblie shall be halden in euery province where any wsurpit bischopes are, and begine the 18th of August nixt to come, whereto they shall be callit and summoned, be the Visitors of the saids countries, to compeir before their Synodall Assemblies; and namely, the Bischope of St Androis to compeir in St Androis, the Bischope of Aberdeen in Aberdeen, the Bischop of Glasgow in Glasgow, the Bischope of Morray in Elgine, to giue obedience to the said act; qwhilk if they refuse to doe, that the saids Synodall Assemblies shall appoynt certain breither of their ministrie to giue them publick admonitiones out of the pulpitt, and warne them in caise they disobey, to compeir before the next Generall Assemblie, to be halden at Edinburgh, the 20th day of October nixt to come, to heir the sentence of excommunicatione pronuncit against them for their disobedience; and to this act the Bischope of Dumblane agreit, submitting himself to be reulit thereby.

As to the order to be taken with the patrimonie of the Kirk, bruikit and possessit be the saids bischopis, the Kirk referres the reasoning thereof to the nixt Assemblie.

Sessio 5.

Forsuameikle as, albeit there be diverse acts concludit in sundrie Assemblies of before, to stay unjust alienatione, dispositione, and wasting of the Kirk rents, and patrimonie thereof, be sic persones within the ministrie as are cled with benefices; and not the less, naither respect nor feare of God, nor reverence to his Kirk, nor good lawes set out in the contrare, hes represt their insatiable and cursed avarice from sic inordinat dealing, to the great prejudice of the Kirk of God, and common griefe and regrait of all good men: For better remeid whereof the brethren assemblit, after reasoning and mature deliberatione in the matter, in uniformitie of votis, hes thocht meit, and concludit, that all persons within the ministrie, alsweell they that wsurpit the stylls of Bischops as uthers that shall be tryit heirafter, to diminische the rents of their benefices aither be diminution of the old rentall, be setting of victuall for small pryce, and within the worth, or wther wayes unjustlie dilapidating and putting away of the rent thereof, be the sicht and judgement of the Generall Assembly, shall underly the sentence of excommunicatione, but furder proces.

For purgatione of the Kirk from sclander: the Kirk requyrs, and in the name of God desyres, all men, alsweill gentlemen as uthers convenit at the tyme, if they knaw any within the ministrie sclanderous in lyfe, unable to teache, unprofitable or curious teachers, negligent in preaching, non-residents or deserters, havers of plurality of benefices and offices, dissolute in manners, havand mixt jurisdictiones, givers of pensiones out of benefices, or receavers thereof, to give in their names in a tickett to the Moderator, and that order may be taken with them be the Moderator and his assessors, if present order may be had therewith, wtherwayes to report to the Assembly.

Anent the office of Readers, that hes no farther gift of God but simple reading of the Scriptures: The Generall Assemblie hes concludit, after lang reasoning, that their office is no ordinar office within the Kirk of God; and because some of the brether movit the cause and questione, qwhither, in their necessitie or circumstance of tyme, they should be sufferit to continow, the disputation heirof remittit to the morne.

Sessio 7.

William Stewart, brother to the Laird of Traquair, presentit ane wryting unto the Assemblie in name of the Earle of Lennox. Tenor thereof:

It is not, I think, unknowen unto yow, how it hes pleisit God of his goodness to call me be his grace to the knawledge of my salvatione sen my coming in this land, qwhairfore I rander maist earnestly humble thanks unto his divine Majestie; finding my voyage towards thir pairts maist happilie bestowit in this respect: And, although I have made open declaration of this my calling, first by my owne mouth in the kirk of Edinburgh, and secondly by my hand wreit in the King’s kirk at Striviling, qwhair I subscribed the confessione of my faith, yet I fand it was my dutie, ye being generally convenit, to send this gentleman, my cousine and friend, accompanyed with my Letter towards yow, to make yow, in my name, ane frie and humble offer of dew obedience, to receive your will in anything it shall please yow, I did farther anent the accomplishing of my said confessione; assureing yow that I shall be ready to performe the same with all humilitie, as also to procure and advance all wther things that may farder the glory of God and increase of his Kirke, the commonwealth of the countrie, and of the King’s Majestie’sservice at my utter possibilitie: And so houping to be participant in all tymes coming of your godlie prayers and favour, I salute yow maist lovingly in Jesus Christ our Saviour. From St Androis, the 14th of July.Sic subscribitur,

Your humble and obedient at all power,Lennox.

The Generall Assembly hes concludit that all Readers within this realme shall be tryed and examinedde novobe the Commissioners of the countries, with the advyce of their assessors, so far as possiblie they may, betwixt and the nixt Generall Assemblie; and so many as beis sound and travellit in reading be the space of twa yeares, and hes not profited that they are able to be pastores and to preache the word of God, shall be deposit from the reading be the saids Commissioners, with assistance of their saids assessors, and the diligence to be done herein to be reportit again to the nixt Generall conventione of the brether. Sicklyke because Readers hes no ordinarie office within the Kirk of God, The Generall Assemblie declares that no simple Reader sall be capable of any benefice, or bruik or possesse the same in tyme cuming, nor yet bruik or joy the manss or gleib, where there is any minister actuallie serving.

The Assembly hes recommendit the executione of the King’s proclamatione concernyng papists, unto the haill Commissioners, as they will answer unto his heines and unto the Kirk.

It is thocht meit to be cravit of his heines, that the Kirk of God within this realme may be restorit to the benefice, of the act of parliament made concerning the thirds, in respect of the many and grievous hurts qwhereby the Kirk recognises to have receavit be the takeing away of the said act from them; Therefore it is thought expedient the Moderator, with sic as are assessors to him upon the articles, and, namely, upon the article of repositione and restitutione to be presentit againe to the Kirk, and considerit be commone advyce and consent of the Kirk.

Sessio 8.

Compeirit Mr Henrie Keir, servitor to the Earle of Lennox, and declareit, that albeit he had lang remainit in blindness and papistrie, it pleasit God to illuminat him and call him to the knawledge of the trew word qwherein be his grace he is now resolvit, acknauledging the same word to be trewlie preached and professit withinthis realme, and be act of parliament established, and to be the only trew religione of God, qwherin he is content aither now or when the King’s Majestie’s house beis settled, with his heart to subscryve at the will of the Kirk as they sall think best.

It is, be vote of the haill Assembly, after lang disputatione, resolvit and concludit, that it is not lawfull be the word of God, that ane pastor be burdenit with the charge of feeding of twa particular flocks or mare congregationes nor ane, nor yet bear the name or be callit pastor of moe kirks nor ane.

The Generall Assemblie of the Kirk hes statute, that the Commissioners of Countries shall call persones who hes, after their professione of religion within the country, declynit to idolatrie, and now returnit within the countrie, ilk ane within their awne bounds, before their Synodall Assemblies, and accuse them thereof: if they be tryit to have committit the said defectione, to charge them to make repentance thereof, under the paine of excommunicatione; and gif they disobey, to be excommunicat be sic persones to be appoyntit be the Synodall Assemblie to that effect, lawfull admonitiones preceiding; and if they offer obedience and repentance, to superceid the taking thereof, the forme of the same be advysed on the next Generall Assembly, suspending them, in the meantyme, from the participatione of the sacraments qwhill the said Assembly; and heirin to report their diligence thairto, as they will answer to God—and the same order to be observit with them that willinglie acknowledges the said defectione, and comes and offers their repentance.

Compeirit Captaine Anstruther, and lamentit to the Kirk, that he beand in France, and certaine years bypast had gine his bodilie presence to the Masse, albeit in conscience he hated the same as idolatrie, and keepit alwayes upricht mynde towards the religione profest in this realme, and feeling grief in his conscience for his defectione, is come to utter his repentance unfainedly for the same, submitting him to whatsumever correctione the Kirk will injoyne him, desyrand to be reconcillit thereto; and, in token of his sincere meining, held up his hand as to the boutcherie and massacre of Paris, declares he keepit the King’s ʒett of Lovar, the tyme thereof, but past no farther.

Because some breither meaned, that the transporting of Mr Andrew Melvill and Thomas Smetoune sould be many wayes hurtfull, and aucht not to be permittit; at the desyre of their breitherMr Andrew Hay, alleadgeand that he had many greit reasones privatly to propone, if the Kirk wald agrie thereto, appoynted the Moderator with his assessors to the heiring thereof.

Sessio 9.

Anent the act made in the last Assemblie, concerning the suspension of Visitors from giving collatione of benefices to uthers nor serves actuallie at the kirks where the samen vaiks, under the paines expressed in the said act; The Kirk ordaynis the said act to stand in full strenth, with this additione, That if any collatione or admissione beis gine be any Visitor againes the tenor thereof, shall be null and of nane availl; and sicklyke declares all collations and admissions that shall be gine heirafter be any pretending the style of bischops, shall be null in the selfe, in tyme cuming.

Sessio 10.

The Generall Assemblie of the Kirk gives full power and commissione to their honorable and welbelovit brethren, the Lairds of Lundie, Braid, Colluchie, Ryress, and Carltoune, Mrs James Lawsone, John Craige, John Duncansone, Thomas Smetoune, David Lyndsay, Robert Pont, Andrew Hay, Andrew Melvill, George Hay, Thomas Buchanan, John Brand, ministers of God’s word; John Johnstoune, Commissioner of Edinburgh, Richart Blyth, Commissioner of Dundie, George Elphinstoune, Commissioner of Glasgow, or any sax of them, to passe with all convenient diligence to the King’s Majestie and his noble Councill, and that with dew humilitie and reverence present to his Heines and Councill sic heids, articles, and supplicationes, as are conceivit in wreit, and delyverit unto them be the Kirk; most humbly supplicand and requyring his Majestie and Councill’s good answer thereto, and to travell effectuously and with earnest suite for granting of the same; as also, if need beis, to conferr and reasone upon every article and petitione proponit therein; and what here beis done, to report againe to the next Generall Assemblie.

Forsuameikle as throw a great part of this countrie, the afternoone exercise and doctrine upon Sabbath dayes is not usit, and speciallie to landwart, and therefore the people are not dewlie instructed in the Catechisme and Rudiments of Religione; The Kirk hes ordaynit that all pastors and ministers sall diligently and zealously travell with their flocks, to conveine to the afternoones sermones,alsewell they that are in landwart as they that are in burghs, as they will answer to God.

It is concludit be the Generall Assembly, that in every principall Assemblie, there shall be certaine assessors nominat to them, to concurr with the Commissioners of the Countrie, who shall subscryve with them in all weightie and greit matters.

Articles proponit be the forenamed Commissioners to his Majestie and Councill.

1. First, That order may be taken with sick as puts violent hand in ministers, or troubles them in exerciseing of their offices.

2. That they who for just cause are deposit from the ministrie may losse alsweill their benefices as other qualified persones provydit thereto, the Kirk may be servit.

3. That punishment may be made for sic as passes in pilgrimages to kirks or walls; and that order may be tane with them that past to the Holie Rude of Peblis, and sic uther places.

4. That no presentatione of benefice be directit to any persones but sic as beirs commissione from the Generall Assembly, according to the act of Parliament; and if any be utherwayes receavit, that their admission be declairit null.

5. That all benefices vaikand, where ministers are plantit, be gine to ministers serwing the cure where they vaike, they beand able therefore; and that no presentatione gine to any wther persone be receavit, unless the minister serving the rowmes be first found able.

6. That order be taken with Alexander Arbuthnott that the Bibles may be delyverit according to his receipt of money from every paroche; and to that effect that he and his soverties may be commandit be letters of hornying for delyverance thereof, and no suspensione to be grantit without the same be delyverit.

7. In respect of the good and godly zeall of James Lord Arrane, alwayes schawine in defence of God’s cause and commone wealth, it will please your heines and councill to resolve upon some good and substantiall order that may serve both for the health and curing of his bodie and comfort of his conscience.

8. That the Book of Policie may be establisched be ane act of Privie Councill, qwhill ane parliament may be had, at qwhilk tyme it may be confirmed.

9. Because there is great necessitie of a printer within the countrie,and there is ane stranger banisched for religione, called Vantrolier, who offers to employ his labours in the said vocatione, for the weill of the countrie, It will plese your Grace and Councill to take order herein, as your Grace thinks meit, and to give licence and priviledge to him to that effect, if it shall be thocht expedient be your Grace and Councill.

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