[FORTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assembly, conveint at Edinburgh, the 17th of October 1581, qwhair there was present the Commissioners.
The Generall Assembly, conveint at Edinburgh, the 17th of October 1581, qwhair there was present the Commissioners.
Sessio.
Exhortatione made be Mr Robert Pont. Leitts, Mrs John Craig, Andrew Melvill, David Lyndsay, and John Duncansone; the said Mr John, be plurality of votis, was chosen Moderatorhac vice, whose absence before noone, the said Mr Robert was ordaynit to supplie. Assessors, Mrs James Lawsone, Robert Pont, Andrew Hay, Andrew Melville, David Lyndsay, Thomas Smetowne, Alexander Arbuthnott, Andrew Polwart, and David Fergusone.
Sessio 2.
The Assemblie ordaynit Mrs Adam Johnstone and John Durie to pass to the King’s Majestie in name of the Assemblie, desyring his Heines to direct Commissioners from his Grace to see the proceedings of the Assemblie, and continew therein; quha returning, declareit that for sundrie affaires of Counsell he could direct nane qwhill Thursday, and that day his Grace sould send some instructed with his commissione.
The haill Bishops being called, nane was present but Dunblane.
Anent the constitution of Presbytries appoyntit in the last Assembly; The persones to whom the charge thereof was committit, being callit to giue ane account of their diligence herein: ffor Lowthiane they had not proceidit: anent Lynlithgow, be reason that thir diverse yeares bygane, no Exercise hes been there, besyde the inlaike of ane good moderatour, and therefore thocht it meitest that the Presbytrie sould have bein in Calder, where the Superintendent micht be had to be Moderator; allwayes referrs that to the brether.
After voteing, the Kirk concludit that the Presbytrie be still in Linlithgow qwhill the next Assemblie, and no transporting nor change of the place of the Presbytrie, without the determinatione of the Generall Assemblie, as lykewayes of all uther Presbytries; admonisching also the towne of Lynlithgow be their Commissioner, that if good concurrance be not had be them therunto, that the Kirk wald transport the Presbytrie from them. The rest of the Presbytries referrit to farther deliberatione and diligence.
Sessio 3.
For eschewing of sic misorder as fell out in the persones of Alexander Mure, minister at Falkland, quha married persones divorced for adulterie, and Alexander Foster, minister at Tranent, who baptized ane bairne in ane priuate house, as lykewise ministratione of the Lord’s Supper and celebratione of marriage in priuate houses; It is concludit be common consent of the haill brethren, that in tymes comeing, no marriage be celebrate, nor sacraments ministrat in priuate houses, but solemnlie according to good order hitherto observit, under the paine of deposition of the persones that wses the said ministratione from their office and functione of the ministrie in tyme cuming.
Sessio 4.
The Assemblie of the Kirk gives full commissione to the Elderschip of Dundie to call the Maister of Gray before them, to give ane account of his professione, and to give confession of his fayth, and to proceed against him according to the acts of the Kirk, and that with all possible diligence.
Sessio 5.
His Majestie’s Commissioners inquyrit of the Commissioners of the Kirk, in caice the Kirk damned the office of Bischops, qwherunto alse is annexed ane temporall jurisdiction, wherin the Kirk is servit be voting in Parliament, assisting in his Hienes counsell, contribution in taxations and sicklyke,—qwhat overture they wald shew, qwhereby the King be not prejudged be the taking away of that estate?
For advysing of this head, qwhilk the Assemblie thocht very weighty and of great consequence, they have nominat Andrew Ker of Fawdonsyde, the Lairds of Coldenknowes, Keir, Cardoune, Segey, the Proveists of Edinburgh and Striveling, the Commissioners of Edinburgh, Striveling, Leith, Perth, Montrois, Mrs Andrew Hay, Andrew Polwart, John Porterfield, William Rynde, David Fargysone, John Rutherford, David Lyndsay, William Edmestowne, with the sax brethrene on the conferrence.
Forsuameikle as the King’s Majestie, with advyce of his counsell, hes sett out and proclaimit ane godly Confessione of Fayth, to be imbraceit be all his trew subjects, and be the same expressly giving commandment to the ministrie to proceid against whatsumever persones that will not acknowledge and subscryve the same, qwherein great negligence hes been seen, far by the dewtie and office of trew pastors: Theirfore the Kirk and Assemblie present, hes enjoynit and concludit, that all ministers and pastores within their bounds, with all expedient and possible diligence, execute the tenor of his Majestie’s proclamatione betwixt and the next Synodall Assemblies of every Province, and present before the Synodall Assemblies to the Moderator thereof, the dewtiefull diligence in this behalfe, to be reportit to the next Generall Assemblie of the Kirk, under the paine of deprivatione of the saids ministers from the functione of the ministrie, that beis negligent herein.
Sessio 6.
The brethren appoyntit to conferre upon the overture to be made to the King’s Majestie’s Commissioners concernyng Bischops, Reportit, That after lang reasonyng, they had agreit in this far, that twiching voting in Parliament, assisting in Counsell, Commissioners from the Generall Kirk sould supply the place of bishops: And as to the exercising of the ciuill or criminall jurisdictione anent the officeof bischops, the Heritable Bailies sould use the same;—referring to the judgement of the haill Kirk to consider of their answer, if they thocht the same meit to be communicat be the said brother to the King’s Commissioners: qwhilk the Kirk altogether thocht meit, and allowit the judgement of their brether.
Sessio 7.
Compeirit James Melvill, Gentleman of the King’s Chalmer, and presentit unto the Kirk, his Majesties writting concerning tryall to be taken of certaine words alleadged spoken be Mr Walter Balcanquell in his late sermone against his Heines cousine, Duke of Lennox, with credit to the bearer, who schew that in this far he had credit to speak, that because at the last calling of John Durie and the said Mr Robert before the Privie Counsell, upon accompt of their sermones, offence was taken in the Kirk, therefore his Grace laments the matter to the Assemblie, willing them to try the matter and to putt order therein.
The words wherein the Duke’s Grace is offendit are thir; That the said Mr Walter had spoken in pulpit, that within this four years, Papistrie had enterit in the countrie, not only in the court but in the King’s hall, and maintained be the tyrannie of a great campione, who is callit Grace; and if his Grace vald oppone himself to God’s word, he sould haue little grace. Further, concernyng the Bischope of Glasgow, the King’s Majestie desyrit they sould stay any proceedings against him as bischop; yet if there be any uther thing the Kirk hes to lay to his charge, let them use their order.
Hereunto the said Mr Walter answerit, Seeing in the King’s Majesties letter and credite gine to the bearer thereof, he is accusit,—praying the Moderator to suffer him to give his answer thereto; the sum quhairof schortly shall be this: First, he praisit God that he is not accusit of any thing wherein ather civilie or criminallie in his life or conversatione, he hes offendit the King’s Majestie, or his laws, whereunto with all reverence and all tymes he is readie to submitt himself as effeirs, but is accusit of these things whilk he hes spoken publickly in the pulpit, qwherein he hes been mair plaine in reproveing of vice then sum men can goodlie suffer, qwhilk is a very point of his doctrine; qwhilk, howbeit, he heir there callit open sclander, yet he man so justifie the same, that although all the kings of the earth wald call it erroneous, yet he is ready here be good reasone to prove it to be the very trewth of God; and if neid sall requyre,to seall it with his blood. Secondlie, he praises God for this, that of his last accusation, God hes giuen this meikle victorie to this Kirk, that howbeit then it was callit in questione, to whom the judgement of the doctrine sould appertayne, yet as then be good reasone it was concludit and promised be the King’s Majestie, Counsell, and Commissioners appoyntit therfra, to conferr with the ministers in that matter, That in all tymes cuming the tryall of the ministers’ doctrine sould be referrit to the judgement of the Assemblie of the Kirk, as the only competent judge thereto; so now it is performit, and for that he sies that promise now keepit, he thanks God, and is so meikle the more glad to give his answer before their godlie wisdomes of the Assemblie present, as his competent judges in this matter, and that after this manner. As concernyng these things qwhilks he spake in his sermon the last Wedensday, he spake them not quyetlie, but all his breither and all the haill Assemblie heard them, and so, of all wthers, can best judge of the same. Wherefore, with all reverence, he will submitt himself simply unto their godly judgements, alwayes neither being aschamitt of his doctrine, neither yet being myndit to giue advantage to his enemies, so far as he may, whose purpose he knaws against him in this matter. He will only requyre this conditione,—that the canone of the Apostle Paul be keepit to him, qwhilk is this: Against ane elder receiue no accusatione, but under two or three witnesses; according to the qwhilk forme of proceeding, he craues in this matter here.
Are ye, the Assemblie of the Kirk, as competent judges unto him? Here is he ready before your Wisdomes to answer to all accusationes that sall be layd against him, and underly your judgments therunto. Let any man, therefore, according to the canone of the Apostle, qwhilk on no wayes ye can break, stand up here before yow, and say he hes any thing to accuse the said Walter off, either in lyfe or doctrine, and hes two or thrie witnesses readie with him to prove his accusatione: then the said Walter shall answer him as effeirs; for seeing James Melville heard not his doctrine, and therefore will not take upon him to accuse the said Mr Walter, he will superseid farther answer, qwhill he sie his accuser qwhatsumever, to qwhom be the grace of God he sall be ready to answer as accords.
The Assemblie ordayns Mrs Thomas Smetone and Dauid Fargysone to passe to the King’s Grace with this answer;—That seeing Mr Walter is ane brother in the ministrie, the canon of the Apostlemust be keepit unto him; and therefore the accuser, with his two witnesses, ocht to be had. Farther, that in respect of the last calling of John Durie before the Privy Counsell, upon ane compt of certaine words alledgit spoken in his sermone, ordour was taken be certaine Commissioners of Counsell and brether of the Kirk, that in case such accusationes afterwards should fall out in the Kirk, sould haue the judgement thereof; and if the King’s Majestie please to send any Commissioners to be present at tryell, they sould see the proceedings of the Kirk; Therefore desyres his Majestie to send Commissioners to sie this matter tryed, seeing the Kirk is most willing to try the same.
Sessio 9.
Anent the establishing of Presbyteries, the Kirk assemblit hes nominat certaine brether to travell diligently in erection of Presbytries, as they shall be severallie devydit, betwixt and the next Assemblie; and ordayns their brother, Mr James Lawsone, to penne the forme in proceeding in erectione thereof, that the brether being informit of the order, may uniformlie proceed therein. For Falkland, Mrs Walter Balcanquall, Patrick Adamsone, my Lord Rothes, Balvaird and Creich.
Sessio 10.
Articles qwhairof Mr Robert Montgomrie, minister at Striveling, was openlie accusit in the Generall Assemblie, anent his doctrine.
Articles qwhairof Mr Robert Montgomrie, minister at Striveling, was openlie accusit in the Generall Assemblie, anent his doctrine.
1. That publicklie preaching in the kirk of Striveling, he proponit a questione touching the circumcisione of women, and in the end concludit, that they war circumcisit in the foreskin of their forehead.
2. In Glasgow, he openlie taught that the discipline of the Kirk is a thing indifferent, and may stand this way or that way.
3. He accused the ministers that they used fallacious arguments and captious, and that they were curious braines.
4. So far as he could, he travellit to bring the originall languages, Greek and Hebrew, in contempt, abuseing thereto, the words of the Apostle, 1 Corinth. 14—and tauntinglie askit in what schoole were Peter and Paul graduit?
5. To prove the corrupt state of bischops in our tyme, he brocht furth the examples of Ambrose and Augustine.
6. It is sufficient to baptize in the name of the Father only, or in the name of the Sonne, or in the name of the Holy Ghost, because they are all one God, and to that effect alleadgit 19 of the Acts.
7. The matters of Discipline and lawfull calling in the Kirk, he callit trifles of policie.
8. He accused the ministrie of seditione and leise Majestie, saying, exhorting them not to be seditious, nor meddle with hie matters, to leave off, to put on crownes and off crownes, for if they medlit any farther therewith, they wald be reprovit.
9. He condemnit the application of the Scripture to the particular manners and corruptions of men, mockingly asking, in what Scripture they may finde a bischope for a 1000 pund, horse, corne, and pultrie, and when they teache of luife, how cold they fund Judas?
10. He oppugnit the doctrine of Christ, quho pronounces that the most part are rebellious and perische.
11. He denyed, that in the New Testament any mentione was made of the Presbytrie or Elderschip.
12. He accusit the ministers of pasquils, of grudging and murmuring, of trouble and confusione, of lying and backbyting, saying, where is it? who will do it? what fault can they find with the Court? As for myself I find nane.
13. The Kirk being traducit be pasquilles and infamous libells, not onlie purgit he not the Kirk or himselfe thereof, having good occasione, but rather approvit the same.
14. He used his preaching against the ministrie, the very words of the lybell that was cast in the King’s chamber against them.
15. This quarter year bygane, he hes been negligent in doctrine, discipline, and assisting of the Elderschip.
Sessio 12.
Heads referrit from the Synodall of Lawthian to the Generall Assemblie.
Heads referrit from the Synodall of Lawthian to the Generall Assemblie.
1. First, That ane universall order be taken and made be the Generall Assembly, for excommunicatione, tryall, admissione, and ordination of ministers.
2. To inquyre what persone of the ministrie shall designe gleibs and manses; and seeing that the Synodall Assemblie of Lawthianehes thocht good that every Presbytrie sall direct some of their oune number, to designe gleibs and manses within their awne bounds, we crave the consent of the Generall Assemblie that the same may be universall; and, where there is no presbytrie, to appoynt who shall designe the same.
3. Qwha shall await upone the plat for modifieing of the ministers’ stipends.
4. Qwhat answer shall be gine to the King’s Majestie concerning the union and disiunctione of Kirks.
5. That ane uniformitie be used for summonding of persones before the Presbytrie, and proces that is to be led before the same.
6. To suit that the tryall and admissione of all masters of schools be now joynit to the Presbytries.
7. Seeing we of the Synodall of Lawthiane, hes agreit that disputationes sall be every day of the exercise in every Presbytrie, and speciallie upon such articles as are in contraversie betwixt us and the Papists, for avoyding of negligence of ministers, and to the end we may the better withstand the adversar, that the Generall Assemblie will appoynt the forme thereof.
8. What order shall be used with Ministers and Readers that setts their gleibs and manses, as ye oversie the same.
9. That ane article be suitit be the Generall Assemblie at the Parliament, that all marriages without consent of parents, proclamations of bands, or utherwayes without the awne solemnities according to the order of the Kirk, be decernit null.
10. To crave that ane act of Parliament be made against them that pass in pilgrimage, and uses superstitione at wells, crosses, images, or uther Papisticall idolatrie, or observes feasts and dayes dedicated to Saincts, or setts out beanefyris for superstitione.
11. Seeing the act of Parliament appoynts them that are convict of notorious adulterie, and throw the ambiguous expositione of this word notorious, no execution is used thereupon; therefore, for avoyding the plagues of God hingand above this haill countrie for this cryme, That the Generall Assemblie wald crave that ane act be made in Parliament for punishment of all persones to the death, whosoever are lawfully convict of adulterie.
12. Seeing ane act of Parliament is made anent discharging of mercats upon the Sonday, and no executione hes followit thereupon, qwherthrow the people absenting themselves from the Kirk, andwaiting upon the mercat, continews in ignorance, and be these means, Atheisme increases, desyre that sum order may be taken in this Parliament—The execution of the said act, that sum punischment may be appoyntit againes the magistrates that puts not the same in executione, notwithstanding any private dispensation in the contrarie.
13. That ane act of Parliament be made for provisione of gleibs and manses to such ministers as teaches at Abbay Kirks, lyke as they are provydit for others.
14. Because there is ane act of Parliament that all Presbytries and prebendaries shall be gine to scholers to hald them at the schools, and it is of veritie that there is verie many of these sorte that is of cure of saules and paroche kirks, nottheless, be reasone of the act of Parliament, they are gine to courteors; therefore we desyre that there be ane act of Parliament, that all presbytries and prebendaries that hes cure of saules, may be gine to nane but to ministers, and that if any be gine, to be null in all tyme cuming. Sicklyke, Prebendaries foundit to schools and masters teaching the same be gine, conforme to their foundatione, to schoolmasters for instructing the youth; and if the same be disponit wtherwayes, the dispositioune to be null.
Answers made to the saids Headis.
Anent the first article the Kirk hes ordaynit William Chrystesone, Mrs Andrew Melvill, Thomas Smetowne, Alexander Arbuthnott, and James Lawsone, to consider the ordinar and extraordinar houres, and to report their judgement to the Kirk, and Mrs Andrew Hay and Nycoll Dalgleische to assist them.
As to the second, the first part is agreit upon; and qwhair Presbytries are not yet, nor cannot be erectit, the Commissioners qwhilks were before appoyntit to remaine Commissioners yet to that effect.
For satisfying of the third, the Kirk hes nominat the Commissioners underwritten, viz. The Commissioners of Orknay and Zeitland.
For answering to the fourth concerning the King’s Letter, ordayns the Clark Register to be consultit upon the answer.
To the fifth, referrs the forme thereof to be conceivit in wreit be Mrs David Lyndsay and Patrick Adamsone betwixt 6 and 9.
As to the saxt, agreit to be proponit in article to the Parliament.
The 7. referrit to the Elderschips, and allwayes where thir disputationes may be had, the Kirk thinks them good.
For answer to the 8, the acts of the Assemblie to be put in executione against such persones be the Elderschips.
The 9. Ordaynes this article to be cravit at the Parliament, beand first well qualifiet and presented to the Kirk.
The 10 sicklyke—11 agreit—12 sicklyke; and the Kirk to proceed likewise against the violators of the Sabbath day and maintainers of them. The 13 and 14 agreit.
Sessio 12.
Forsuameikle as be the great and many divisiones and deidlie feids rysing in all the quarters of the realme, not only is the word of God and trew Religione burdenit with sclanders, but also the commone weill enormlie woundit and hurt, discipline and all good order confoundit, brotherlie charitie and amitie aluterly contemnit, to the grief of good men’s consciences: Heirfore the Kirk hes injoynit to their lovit brether John Durie, Mrs David Lyndsay, Andrew Polwart, Andrew Hay, Thomas Smetoune, the Ministers of Aire and Irvine, to travell in the Wast; James Lawsone, John Braid, David Lyndsay, to travell betwixt my Lord Gowrie and Olyphant; the Lairds of Culluchie, Kynnaird, the Baillie of Arroll, Patrick Adamsone, William Chrystisone, and Mr James Balfour, to travell in Angus, betwixt my Lord Crauford and Glames, and effectuouslie interveine for reconcileing of the saids pairties and uthers falling out in all thir quarters: requyring them, in the name of God and of the haill Kirk, to live in unitie and peace with uthers as brether and members of one body, and not to giue occasione, be their divisione, of sclander, and open the mouthes of the enemies, to burden the evangell with calumnies, as they will schaw themselves the sonnes of peace.
Sessio 13.
The Kirk, both for provisione of St Androis and uthers burghs wanting pastores, hes nominat certaine brether, out of qwhais number so many shall be electit, to be placeit in the saids roumes qwhais names follows: Mrs James Greig, Alexander Hoome, William Rynd, George Hay, George Patersone, Gilbert Gardine, Alexander Denmure, James Hammiltone, James Melvill, James Balfoure, John Knox, David Lyndsay, Thomas M‘Gie, Michael Cranstowne, JamesAndersone, and William Auchmoutie, Ordayning the breither that knawis any uthers persones qualified of the ministrie, to giue in their names afternoone.
Anent the corruption of Burialls within the towne of St Androis; the Assemblie hes ordaynit Mr Patrick Adamsone, to put the act of the Kirk to executione against the persones that hes contraveint the same.
Sessio 14.
The haill brether are admonisched to observe the act made alreadie anent the marriage of pairties divorcit for adulterie, under the paine therein conteint, qwhill the questione be fullie resolvit, upon the advyce and consent of the haill Kirk.
Sessio 15.
Anent the desyre of Mr Walter Balcanquall, minister of Edinburgh, desyrand, that according to the King’s Majestie’s directione to the Kirk, his accusatione may be lawfullie tryit, and his accuser and witnesses brocht before; or else, seeing he spak nothing but publickly in face of the haill brethren, that they sould giue their judgment and determinatione in the matter, submitting him reverently unto their wisdomes.
The Brethren present, ordayned Mrs David Lyndsay and Thomas Smetone to pass to the King’s Majestie, and schaw their good will to haue the matter tryed conforme to his wreiting; desyring his Grace for that effect, that the accuser, with his two witnesses, be brocht before the Kirk, as also if it be his heines pleasure to send some Commissioners from the Council, to sie the matter rightly judgit and proceedit in be the Kirk.
Anent the supplication gine in be John Craig, appearand of Ramuscraig, and Agnes Irving his spouse, desyrand that the Commissioners of Edinburgh sould be requyrit to superceid the cause of Barbara Keith against them before the said Commissioners; the saids Commissioners being present, the Kirk requyrit them in this particular, as also in uther things that appears to towch the Jurisdictione of the Kirk, that no wayes they proceid qwhill they conferr with the Prior of Pittenweyme, Mrs Robert Pont, Alexander Arbuthnott, who sall concurre with them the morne at nyne houres, and reasone both anent their jurisdictione and the jurisdictione of the Kirk, that neither of them usurp uthers jurisdictions; and hereinto report their judgement to the Kirk; requestand also the saids Commissioners, that dureing the dependance of this conferrence, no farder be proceeded in the said cause; unto the qwhilk conferrence the said Commissioners agreit.
Sessio 16.
The Brethren direct to the King’s Majestie and Councill, reportit, that be reasone of the greit affaires of the King and Counsell, they could gett no answer of such things as they were direct for.
Sessio 17.
The Kirk consentit to the supplicatione of Alexr. Borthwick, minister at the kirk of Livingstone, quho being an actuall minister and of meine literature, humbly desyrit the Kirk to grant him licence to gang to some universitie within this countrie, where he may study theologie, and haue sum kirk near adjacent to travill there in the ministrie; in the meane tyme so meikle the rather as he hes obteinit leave of his flock quho may at this tyme be easilie provydit.
Ordaynes Mr David Lyndsay to passe to the Session of Edinburgh, and desyre them to declare, if they, or any of them, fand any errors, sclander, or offence in the sermone preached be Mr Walter Balcanquall, upon Wodensday was aucht dayes.
Sessio 18.
Anent the accusatione gine in be Mr Androw Melvill, Principall of the new Colledge of St Androis, against Mr Robert Montgomrie, minister of Striveling, and his answer made theretoverbobefore, and gine in this afternoone in his name; the Kirk being resolvit therewith, admitts to the said Mr Androw his probatione, the contents of the saids articles, assigning to him the morrow to prove the samen: And ordaynes the officer of the Kirk to warne Mr Robert to compeire the morne, at ten houres, in the Assemblie, to hear witneses and probatione recevit.
The haill Assembly being of good mynde, and well affectionat to try the poynts of the accusatione gine in be James Melvill, Gentleman of his Majestie’s Chalmer, in name of the Duke of Lennox; and haveing diverse tymes travellit with his Majestie that the Rules of the Apostle sould be keepit to their brother, and the accuser, with his two witnesses, brought before; as likewise, that hisMajestie wald direct some Commissioners from his Counsell, to understand herein the just proceedings of the Kirk; qwherin sieing no effect of their suit, yet, for satisfactione of the King’s Majestie’s Letter, and removing all the sclander that may aryse heirby, first direct certaine Commissioners from the haill Assemblie unto the particular Kirk of Edinburgh, qwhereof the said Walter is minister, Requyring of them, if, in the said sermone, qwhilk was made upone Wedensday was aucht dayes, they or any of them had fund, or finds, any word spoken qwhilk was erroneous, sclanderous, or offensive; qwhais answer being reportit be ane brother of their Sessione, that they had heard nothing spoken be him therein that was either erroneous, sclanderous, or offensive, but good and sound doctrine, qwhereof they desyrit the approbatione of the haill Kirk conveint: The haill Assemblie, voting particularly in this matter, but any contradictione, Declareit that they nor nane of them fand or finds any fault in the said sermone, nothing spoken therein that conteint either error, sclander, or just offence, but solide good and trew doctrine; praysing therein God, and justifying their brother of that accusation qwherewith he is chargit.
Sessio 19.
Anent the jurisdictione of the Commissariot of Edinburgh, and wherein they medle with the jurisdictione of the Kirk; seeing the matter hes taken sum reasonyng betuixt the brethren appoyntit, and the Commissioners, and farther reasonyng yet requyrit; The Kirk ordayns Mrs David Lyndsay, Robert Pont, James Lawsone, with the Prior of Pittenwyme, to travell in the conferrence of this matter, as also upon the particular of Barbara Keith, with sic diligence as is possible, and to draw the reasonyng to sum poynt, qwhereof the Kirk may be informit at the next Assemblie.
Sessio 20.
The brethren sent to the King’s Majestie with the articles of accusatione gine in against Mr Robert Montgomrie, returnit his Majestie’s answer: that he had received them very thankfullie, and was content that the accusations proceeded against him, as minister: farther, that in the heads of religione, he agried from his heart with the Kirk of Scotland, albeit in sum heads of policie he was not yet resolvit.
The General Assemblie giues their full power and commissioneto the richt honorable and their belovit brether, the Laird of Braid, Andrew Kerr of Fawdonsyde, Mr Thomas Craig, advocat, and John Johnstone, Commissioners of Edinburgh, the Provest of Dundie, Alexander Scrymgeour there, Alexander Rutherfurd, Commissioner of Aberdeen, Henrie Adamsone, Commissioner for Perth, Robert Lichtoune, Commissioner for Montrois, the ministers of the King’s houss, the ministers of Edinburgh, Mrs Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvill, Thomas Smetoune, Patrick Adamsone, George Hay, David Fargysone, Adam Johnstoune, James Carmichaell, John Braid, or any aucht of them, to present to the Lords of the Articles of the Parliament, such heads, articles, and supplicationes as are gine to them be the Kirk.
The Kirk ordaynit Mr Andrew Melville to produce his witnesses in his accusatione against Mr Robert Montgomrie, qwho instantly producit Mr Robert Darroch, minister of Drume, Mrs David Weymes, John Craige, Patrick Adamsone, John Howstone, John Wright, Thomas Buchanane, and James Carmichael. All thir witnesses being sworne and admittit, The Kirk, notthelesse, that the said Mr Robert sould not think him defraudit of any lawfull defence in his absence, reservit any objectione he hes against the persones of the saids witnesses, in caice he come upon Munday at ten houres; and ordaynit the said Mr Robert, because of his departing off this towne, to be instantly examinat be David Fargyson, William Chrystesone, Mr James Balfour, the Lairds of Fawdonesyde and Carletowne, Mr Paul Fraser, or any thrie of them; and his deposition to be put in wreit, and reportit to the Assemblie; and as to farther probatione, if the said Mr Andrew will take any uther tyme, ordaynit him to warne Mr Robert therto.
Sessio 21.
Anent the provisione of the Kirk and St Androis of ane pastor, the Kirke hes thought it meit that the pryor and towne of St Androis nominat such ane of the brethren whom they have best lyking of, to serve the cure, and to propone him unto the ministers of the King’s house, the ministers of Edinburgh, Mrs David Lindsay, John Braid, Mr Adam Johnstone, David Fargysone, Mr Andrew Melvill, William Chrystesone, the Lairds of Braid, Pilrige, Collwchie, and Lundie, to whom, or any aucht of them, the Kirk gives commissione to give assent in their name thereto, and to place him there, provyding they find no lawfull impediment that may staytheir placing there, or that they be not ane of the colledges qwhome the Kirk exeims, for considerationes, therefrom: And sicklyke, that with their advyce, the minister presentit may be sufficiently provydit, as also his kirk qwhairfrom he is taken be also staikit.
Sessio 22.
Ordaynes ane supplication to be made to the King’s Majestie and Lords of the Articles, that no acts be past in Parliament repugnant to the trew word of God, and namely concerning bischops, with scharp admonitiones therein, to be pennit be Mrs Thomas Smetowne and Andrew Melvill, and the samen to be presentit with the articles the morne, at aucht houres, be Mrs James Lawsone, David Lyndsay, Andrew Melvill, Andrew Hay, Thomas Smetowne, and Johne Braid.
Sessio 23.
The Assemblie giues full power and commissione to the presbytrie of Striviling to summond Mr Robert Montgomrie, minister there, before them, and to try and examine his lyfe and conversatione; and accusatione, to be gine in thereanent, with all possible diligence; and what they find therein, to report to the next Synodall Assemblie of Lawthiane, to qwhom the Assemblie gives power to proceed against him, according to the tryall of process deducit before the said presbyterie, under the pain of disobedience: Sicklyke, charges the said Mr Robert to continew in the ministrie of the kirk of Striveling, and not to medle with any uther office or functione in the Kirk, namely, in aspireing to the bischoprick of Glasgow, against the word of God and acts of the Kirk, or to vex any of his brether with his admissione thereto, under the paine of excommunicatione to be led against him: whereunto if he disobey, as after tryall taken of his disobedience be the said Presbytrie, the sentence of excommunicatione to be execute be them, with advyce and concurrence of John Durie, David Fargysone, John Duncansone, and John Dykis, and this charge to be intimat be the Moderator of the Assemblie to the said Mr Robert, that he pretend no ignorance thereof.
The Articles and Supplicatione to be presentit to the King’s Majestie and Lords of Articles, were read and allowit; the tenor whereof is not sett downe in the originall.