[FORTY-NINTH GENERAL ASSEMBLY.]

The Generall Assembly of the Kirk, conveint at Edinburgh, in the New Kirk thereof, the 10 of October 1583, qwhair there was present the Commissioners.

Sessio.

Exhortation made be Mr Thomas Smetoune: Leitts, Mrs Robert Pont, Peter Blackburne, Nicoll Dalgleish, and James Balfour. Be plurality of votis, the said Mr Robert was electit,hac vice.

The haill Kirk ordaynes Mrs James Lawsone, Andrew Melvill, Thomas Smetone, John Craig, Walter Balcanquall, Peter Blackburne, Andrew Polwart, John Davidsone, Nicol Dalgliesche, John Durie, the Lairds of Braid and Pilrige, with the Commissioners of Edinburgh, to conveine and intreat with the Moderator.

Sessio 2.

Forsuameikle as the raritie of this Assemblie chieflie stands in default of the brether of the ministrie, having commission to come to the Generall Assemblie, and yet comes not: The Kirk hes thocht meit that the Countries be callit on, and considerit who are absent; and sicklyke, if all that are in the Commissiones alreadie gine in be present, and that the absents be markit, and a substantius order provydit to correct them.

Sessio 3.

Anent the Constitutiones and Acts made in the Generall Assembly, It is determined and resolved, that ane Act being concludit in the Generall Assembly, no just cause in the changeing thereof intervening therafter, it shall not be leisum to any particular brother, in ane uther Generall Assembly, to call the same in questione againe.

Anent the Commissione gine in the last Assemblie to visite the Universitie of St Androis, and to consider how the rents and livings thereof are bestowit—how the doctrine is used be the maisters and regents, and if the same be correspondent to the act of Parliament—and how the order is keepit amang the students: The Kirk hescommittit of new the executione of the said Commissione to Mr Andrew Polwart, Thomas Buchanan, Nicoll Dalgleische, and William Chrystesone: and, to that effect, ordaynes to conveine themselves in St Androis, the 6th day of Marche nixt to come, and qwhat they doe herein, to report to the nixt Generall Assemblie. Mr Robert Wilkie, in name of the Universitie, protestit that the said Commissione prejudge not the libertie and priviledge of the Universitie.

Ordaynes the Moderator of the Assembly to receave from the Clark thereof the extract of the Commissiones gine to breither the tyme he bears charge, in case they be absent from the Assemblie the tyme of the direction thereof, and to direct them tymouslie to the said breither, that the said Commissiones be not left unexecute, upon pretence of their absence and ignorance of the same.

Sessio 5.

Ordaynes every presbytrie within their awne bounds to call before them the beneficed persones within their awne jurisdictione, and to take accompt and tryall how they have keepit the act of the Assembly, touching the disposition of their ecclesiasticall living—in what manner, and qwherein the same hes been transgrest—and to make ane just report thereof to the nixt Assemblie be the Moderator of their Elderschipe as Commissioners, as they will answer to God and his Kirk.

Articles to be direct to the King’s Majestie, being presentit in forme, the haill Assemblie votit to the presenting thereof, with the Instructiones, qwhairof the tenor follows.

Sir,

The strait Commissione we haue receavit of the Eternall, our God, qwhen, as in this your Majestie’s realme, we were made watchmen of his people, and fearfull threatening pronuncit against such as neglect faithfully to execute every pairt of their weighty charge, compells us presently to haue recourse unto your Majestie, percewing many things to fall furth, greatly to the prejudice of God’s Glory, and no small appearance of utter wrack of this his Kirk and Commonwealth, unless some heastie remead be put thereto; most humblie, therefore, beseikand your Majestie diligently to weighe and consider thir few heids, qwhilks, with all reverence and observancewe present, looking for graceous answer and speedy redress thereof.

1. It is ane great griefe to the hearts of all these that fears God, that apostates, sworne enemies to Christ, your Grace, and all your faithfull subjects, forfault for their treasone—some also suspect and bruitit with the murther of the most noble persone of your umquhill father—impugners of the truth be word and wreite—continuing still in their wickedness, unreconcilit to the Kirk, to receave of your Majestie the benefite of pacificatione to the prejudice of the faithfull ministers, qwham violently be their meanes they labour to dispossesse.

2. That wthers from their youth, nurischit in the Kirk of God, with us, and sensyne fearfullie fallen back therefrae, and become greit runnagats, and blasphemers of the truth, and maintainers of idolatrie, and that Man of Sinne, Liutennant of Satane, and oppressors of God’s people; and yet, notwithstanding, are receivit in court, authorised, and so far countenanced, that they are becum familiars with your Majestie, qwhairthrough, besyde the grief of your Majestie’s subjects, many are brought to doubt qwhat shall ensew upon such beginnyngs.

3. That a wicked obstinate Papist sent in the countrie to traffique against God and quyetness of your Grace’s estate, and therefore is worthy of death, committit in ward at your Grace’s command, with sure promise that he sould not escape punischment, yet as we understand, was, be indirect meanes, let depart, and no tryall taken of the author of his delyverie.

4. That your Majestie seems to have over great lyking of the enemies of God, alsewell in France as some within this realme, who hes never gine testimony of any good meining aither in religione or in your Majestie’s seruice, have succeidit to men that were knawne zealous in God’s cause, and faythfull to your Grace from your tender age.

5. Sen your Majestie took the government in your awne hand, many fair promises hes been made that order should be taken for preservatione of the Kirk of God, and continuance thereof to the posteritie: yet, after lang and continuall sute, nothing is performed; but in place of redress, daily the Kirk is bereft of her priviledges and liberties.

6. The thirds are sett in tack for soumes of money, in defraud of the Kirk, so that no minister hereafter can be provydit.

7. Abbacies are disponit, without any provisione made for the ministers serving in the Kirks annexit thereto, directlie against the act of Parliament.

8. Spirituall livings are gine to bairnes, and translatit in temporall lordships.

9. That there is no punischment of incest, adulterie, witchcrafts, murthers, abominable oathes, and uther horrible oathes, in such sorte that daily some increases and provockes the wrath of God against the haill countrie.

10. There is a sair murmuring against your Grace’s leiges, and a lamentable complaint that the lawes of the countrie have no place—that no man can be sure neither of his lands, lyfe, nor goods, qwhilk threatens ane miserable confusione, and the heavie hand of God to insew thereupon.

11. That oftentymes your Majestie interpones your Heines’ authoritie, be letters of hornyng, to stope the executione of the acts made in the Generall Assemblie, in matters properly belonging to the Kirk, and nothing touching the civill estate.

12. Lastly, we most humblie beseik your Majestie to suffer us to lament the great divisione amongest your Heines’ nobilitie and subjects—the ane pairt seeking be all meanes possible, for their awne particulars, to persuade your Majestie to wrack the uther, qwhilk fosters ane continuall stryfe, malice, and rancour, to the great danger of your Grace’s persone, qwham God preserve to keep the Kirk of God and this poor countrie: beseiking your Majestie, for the tender mercy of God, to call to your Heines, some of the most wyse, discreet, and indifferent, to be your Councill; to take a moderate course, that unquiet spirits may be brydlit, good men cherishit and intertained, and the hearts of all your Majestie’s subjects unite, to the maintenance of God’s glory, preservation of your Royall estate, and comfort of all them that bewaill this miserable dissolutione.

Particular Instructiones, and maire full Declarations giuen be the Generall Assemblie to their Commissioners, direct to the King’s Majestie, the 13th of October, upone every heid of the Articles generally proponit.

1. First, How heavilie the godlie are offendit, and the haill Kirk sclanderit, that Mr David Chalmers, a man notoriously knawne unto his Grace’s Counsell to be not only a formall and professtenemie against the truth of Christ’s religione, a plaine practizer and traffiquer against the same, but also against his Heines’ authoritie and estate, in all partes qwhair he hes travellit; having herewith, resting upon his head, the foul bruite and common suspitione conceiveit in the hearts of many men, upon no small or obscure presumptiones, of the cruell and most barbarous murther of the most noble persone of your Majestie’s umqwhill father, of good memory—sould be so suddenly and with so small accompt enterit in fauour, and receiue his Majestie’s pacificatione, with Letters to dispossess faithfull servants and ministers of God of their livings and possessiones, no dew satisfactione beand made to the Kirk; a matter no less importing great prejudice to his Heines’ noble estate, then touching his Majestie in the highest poynt of his honor; and therefore his Honour would be moued wisely to looke upon the consequence thereof, in consideratione of his weightie grief, wald call back and suspend the force and effect of any thing yet grantit to him, and the charges gine to his repossessione, unto the tyme that just and lawfull tryell of his innocencie be cognoscit, and the haill Kirk, so farr offendit in his persone, be satisfyit, and the same satisfactione be returned from the Kirk to his Grace.

2. The young Laird of Fintrie, direct unto this countrie, as we are surely informit, to practise with his Grace and faithfull subjects for overthrow of religione, be moyen of friends cruppen in Court, and qwherever he comes, plainly maintaines Papistrie, and, under collour of conferrence, qwhill be all meines he flyes, does great sclander in this countrie.

3. The third article is notour.

4. Be the fourth article is meined the King of France, the Duke of Guise, and uther Papists thair; and lykewise, within the countrie, the Earles of Huntlie, Crawford, and uthers. The Kirk is hurt in their liberties and priviledges sundrie wayes, as will appear in the Articles, as follow: Tacks of the thrids of Haddingtone and St Androis, sett to the Laird of Seagy: The Abbacie of Abberbrothock is disponit to the Duke, and no provisione for the minister: The Abbacie of Hallyrudehouse to the Abbot’s young sone: Sicklyke, the Abbot of Newbottle found provydit to the 9 and 10 notor;—as, for example, Mr George Gairden being provydit to the parsonage of Fordyce in the 68 yeir of God, and yet standing titular there: The King’s Majestie hes sett in tack the fruits of the saids benefices to Robert Stewart of Todlaw, and command giuento the Lords of Session to grant Letters upon the said tacks: Mr Alexander Arbuthnott is chairgit, against the Acts of the Kirk, to remaine in the Colledge of Aberdeene, under the paine of hornyng: The Ministers of the Chapters of Halyrudehouse are chairgit be letters of hornyng to subscryve the gift of pensione made to the persone of Pennycuik, his wife and sone, for their lyfetymes; Sicklyke against the said Act anent the Act made one the penult day of October 1576. Concernyng setting of fewes and tacks of benefices and ecclesiasticall livings, or any part thereof, be such as beare functione in the ministrie, The Generall Assembly, as of before, ratifies and approves the said Act, with this declaratione, that under the said Act, all suspenseones, factories, and whatsoever other dispositione of the benefice, or any part thereof, without the consent of the Generall Assemblie, is and shall be comprehendit in tyme cuming, and that the disponers thereupon shall incurre the penaltie contained in the Act of the date of the 12th of July 1578, Sess. 6.

It is cravit be the Synod of Lawthiane, that this Assembly take order with Mr John Spotswood for setting of the tack of his benefice, butt consent of the Assemblie. The Kirk ordaynes this particular to be tryit in his awne Presbytrie, and the tryall to be reportit to the next Generall Assembly.

Item, That this Assembly ratifie the dissolutione of the Presbytrie of Haddingtoune, and unione of the members thereof with uther presbytries, be reasone of many enormities occurrand there—as rare convention of the brether, loathsomeness and contempt of the word in the people, and not executing the Acts of the Assembly: qwhilk head the Kirk approves for the present.

Forsuameikle as sundrie of the penitents, pairtly for poverty, sickness, or distance of place, are unable to compeir before the provinciall Assembly—Quæritur, If they may compeir before the Elderschip? Answer: It is not thocht good presently.

The Elders of the Elderschip of Melros are of diverse judgements—some craving the Assembly to continow there—others to ane uther place, or else to devyde it.Quæritur, Qwhat shall be best? Answer: They have liberty as they think best, so it be done with common consent.

Sessio 7.

It is thocht expedient that the four Presbytries in Lawthiane bejoynit in ane Provinciall Assemblie, and that Dunbar, Churnside, Melross, and Peebles, be joynit in ane uther, and the place of their next Assemblie to be in Lawder, and thereafter to be changit, as they shall think expedient.

Sessio 11.

Ministers that beiris with the people repairing in pilgrimage to wells hard besyde their awne houses, not reproving them, but rather entertayning them with meat and drink in their houses—distributing the communion to their flocks, and not communicating with them be the space of seven or eight yeares—such persones deserves deprivatione.

Sessio 13.

The Generall Assemblie gives licence to the persone of Hauch, to passe out of the countrie for recoverie of his health, the King’s Majestie’s licence being obteinit thereto, and his awne kirk provydit at the sicht of the Presbytrie of Dumbar.

Forsuameikle as sundrie Acts hes past of before, to close the hands of beneficed persones within the ministrie, that they sett no tacks of the benefices, or any part thereof, or make uther dispositione thereof qwhatsomever, without the advyce of the haill Kirk, yet daily supplicationes are gine in to the Kirk for thair consent to be had thereto, howbeit, both for schortness of tyme and utherwayes, the estate of such supplicationes cannot be conveniently reasonit and tryit before them: Heirfore it is thocht expedient that qwhaire any such is to be made, that the samen be first presentit to the particular presbytries whair the benefices lyis, wham before the tryall shall be taken, oath of the old kyndness and title of the supplicant, and of the estate of the benefice—qwhat was of old, rentall thereof—qwhat present—and the pairts and tryall thereof reportit againe to the Generall Assemblie—qwhat order may be tane with the sute according to equitie: and lykewayes ordayns every presbytrie, within their awne jurisdictione, to try and examine what persons hes broken the act made against beneficit persones within the ministrie, that setts tacks or fewes, or makes uther dispositiones whatsumever of their benefices, or any part thereof, against the Acts of the Assemblie; and, after calling of parties, and dew triall taine, to report their names, with the proces, to the next Assemblie.

The proces led be the Presbytrie of St Androis against Alysone Peirsone, with the proces led against Mr Patrick Adamsone before the presbytrie forsaid, and also the proces of the Synodall of Fyffe, to justifie the accusatione led against the said Mr Patrick, was exhibite.

Sessio 14.

Forsuameikle as in reading in schooles, of prophane authors, qwherin many things are written, directly impugning the grounds of religion, and speciallie in the Philosophie of Aristotle, oft tymes the youth being curious and of insolent spirits, drinks in erroneous and damnable opiniones, and founding them upon the bruckle authoritie of the prophane wryters, and maintayns their godless and prophane opiniones, obstinatly in disputation and utherwayes, to the great sclander of the word of God, and offence of the simple and unlearnit: Thairfore, it is provydit, after reasonyng and good advyce, be universall consent agreit, that in all tymes coming, the maisters, regents, and teachers of the scholers in reading of prophane authors, shall vigilantly take heid if there be any thing alleadgit or written in them against the grounds and heads of Religione, and, in teaching thereof, to mark and note the places evict, and confute the errors, and admonische the youth to eschew the same as false and erroneous; and namely, in teaching of philosophie, to note the propositiones following, as erroneous, false, and against the Religione, and condemnit be commone vote of the haillKirk:—

1.Omnis finis est opus aut operatio.2.Civilis secta et præstantissima, ejusque finis præstantissimus et summum hominis bonum.3.Honesta et justa varia sunt, et inconstantia a Deo et sola opinione constent.4.Juvenes et rerum imperiti et in libidinem proclives ab audienda morum physica arcendi.5.Quod aliud ab aliis bonis et per se bonum est, et causa cur cætera per se bona sunt, non est summum bonum.6.Dei agnitio nihil prodest artifici ad hoc ut arte sua bene utatur.7.Summum bonum vel{blank space}boni accessione augeri, et reddi potest optabilius.8.Pauper deformis orbus aut infans, beatus esse non potest.9.Bonum æternum, bono unius diei, non est majus bonum.10.Felicitas est actio animæ secundum virtutem.11.Potest aliquis sibi suo studio felicitatem comparare.12.Homo in hac vita et esse et did potest beatus.13.Post hanc vitam nemo potest vel esse vel dici beatus, nisi propinquorum vel amicorum ratione.14.Natura apti ad virtutem eam agendo comparamus.15.Virtus est habitus electivus in ea mediocritate positus quam ratio prudentis præscribit.16.Libera est nobis voluntas ad bene agendum.17.Mundus est physice æternus.18.Casus et fortuna locum habent in rebus naturalibus et humanis.19.Res viles et inferiores non curat Dei providenti.20.Animi pars una vel etiam plures sunt mortales, et quæ hinc pendent et necessaria consequuntur:

1.Omnis finis est opus aut operatio.

2.Civilis secta et præstantissima, ejusque finis præstantissimus et summum hominis bonum.

3.Honesta et justa varia sunt, et inconstantia a Deo et sola opinione constent.

4.Juvenes et rerum imperiti et in libidinem proclives ab audienda morum physica arcendi.

5.Quod aliud ab aliis bonis et per se bonum est, et causa cur cætera per se bona sunt, non est summum bonum.

6.Dei agnitio nihil prodest artifici ad hoc ut arte sua bene utatur.

7.Summum bonum vel{blank space}boni accessione augeri, et reddi potest optabilius.

8.Pauper deformis orbus aut infans, beatus esse non potest.

9.Bonum æternum, bono unius diei, non est majus bonum.

10.Felicitas est actio animæ secundum virtutem.

11.Potest aliquis sibi suo studio felicitatem comparare.

12.Homo in hac vita et esse et did potest beatus.

13.Post hanc vitam nemo potest vel esse vel dici beatus, nisi propinquorum vel amicorum ratione.

14.Natura apti ad virtutem eam agendo comparamus.

15.Virtus est habitus electivus in ea mediocritate positus quam ratio prudentis præscribit.

16.Libera est nobis voluntas ad bene agendum.

17.Mundus est physice æternus.

18.Casus et fortuna locum habent in rebus naturalibus et humanis.

19.Res viles et inferiores non curat Dei providenti.

20.Animi pars una vel etiam plures sunt mortales, et quæ hinc pendent et necessaria consequuntur:

And if any beis found to doe in the contrair heirof, the censures of the Kirk to proceed against them: And sicklyke, that Masters, Regents, and Teachers, Auditors, or wthers, assert or defend any of the saids propositiones alreadie condemned be the Kirk or wtherwayes that shall happen to be condemnit be thame heirafter prohibiteprobabiteror wtherwayes, under the paine of the same censures of the Kirk.

Sessio 15.

Item, No act, nor any wther thing proceeding from the particular presbytries, haue fayth in tyme comeing, without the same be subscryved be the Moderator and Clark thereof.

Sessio 16.

The King’s Majestie’s Answers unto the heids presentit to his Heines from the Generall Assemblie of the Kirk.

At Striveling, the 17 of October, 1583.

His Majestie having considerit the heids, and conferrit with the messenger, touching the meaning and explication of the generalitie thereof, Understanding the first poynt to be gatherit, of the granting of the benefite of pacificatione be his Heines to Mr David Chalmers: His Majestie knawing that man only to have beene forfaultit,for that commone actione of his being at the field of Langsyde, for qwhilk pardon wes grantit to so many, thocht it no new or strange thing, at the request of such as movit his Grace, to grant unto him the lyke benefite, as many wthers for the lyke cause had of before obtained: yet no wayes intending to spare the dew punischment of him or any wthers that may be chargit or fund culpable of the murther of his Heines’ dearest ffather, or that are or shall be adversars of the religione, and impugners thereof, against his Hienes’ lawes made thereanent, the executione of qwhilks his Majestie hes been, is, and will be, willing to further.

The second heid generallie conceavit; being particularly meinit of the young Laird of Fintrie, His Majestie wishes the Assemblie to remember how his Heines had dealt in this matter, and qwhat testimoniall the Kirk of Edinburgh grantit unto him. His Majestie hes not hinderit the proceedings of the Kirk against him, nor no uthers, but meins to hold hand thereto, according to the laws.

The third head being speciallie meant of ane William Holt, Inglishman, that escapit out of the Castle of Edinburgh, His Majestie hes answerit the Queen of England’s embassadour, who movit his Grace in that matter not lang syne. It is not ane uncouth thing to hear such ane man escait; alwayes what they understand be ane indirect meanes used for letting him depart, his Majestie being speciallie informit thereof, will, after dew tryall, see the offenders punischit according to their deservyngs.

The fourth head being very generall, his Majestie thinks the Assemblie will not think it pertinent for them to haue vote in the chusing of his Majestie’s servants, or to be over curious of the occasione of the placeing or removeing of them, neither yet of the intelligence betwixt his Heines and any forraigne countries, for enterteyning of civill peace and amitie, ffrom the quhilk na princes nor commonwealthes in the world abstaines, although being diverse in religione.

The fifth head concernyng the generall complaynt upon some speciall matters appeirandly expressit in the matters following:—His Majestie wishes the Assembly, as they wald be speciallie and directly answerit, so to forme their petitions, fforbearing any particular examples, to ground generall propositions, and to remember that his Majestie took the Government in his awne persone, there is no good and profitable lawes made for the advancement of the Kirk, and trew religione, nor of before, the default of the executionethereof, and performance of promise notwithstanding in his Heines’ default.

The sixth, meining especiallie of the Tack sett to the Laird of Seagy of certaine victualls furth of the superplus of the thrids, qwhilk he had of before in pensione,—that was nae new forme, nor any wayes prohibite. He could alseweill content him with the pensione, as he had it of before, frie of all payment of dewtie. The necessar considerationes that movit the granting thereof, are weill enough knawne to many. He is imployit in publick service, wanting the living qwhairunto he is provydit in title, dureing his father’s lyfetyme, and his service is, and may be, necessar both for his Heines and the Kirk.

For any thing that may be thocht omittit toward provisione of ministers, serving at the kirks annexit to abbeyes in the late dispositiones of them, that is well supplied be act of Parliament, the executione qwhairof hes rather stayed thir twa yeares past in their awne default, or wtherwayes, they craving to haue their assignationes continewit, as in the years preceiding, and as yet not haveing directlie answerit to his Majestie’s message, sent with his Maister of Requests, to the Assembly halden at St Andrews, &c. Alwayes his Majestie made choice of certaine barrones, and uthers of good appearance, knawne zealous to the furtherance of that good wark, lipning to haue had the assignationes formed before the Assemblie: But being uncertaine of the tyme appoyntit, therefore, this year, is doubtful if they cum in Edinburgh, qwhere, if they be, his Heines shall send directione to them to proceid, or in caise of their absence, shall appoynt wthers, so as the assignationes may proceid, and so wther things as are most needfull resolvit, without any farther delay.

Touching giving of spirituall livings to bairnes, and translating them in temporall lordships, His Majestie considers his awne skaith and hinderance of his service. Therein qwhatever abuse hes interit before his Heines acceptit the government, tyme, and the approbationes of such provisiones be decreits of the Sessione, hes brought the matter to that estate, as it cannot be utherwayes helpit then be the Parliament, qwhom unto these being proponit, his Majestie sould hald hand to haue such reformatione in this behalfe as possiblie can be obtaynit.

The default of punischment of wthers mentionat in the nynt head, and of the Act of Provisione of the Poore and Punisching of Vagabonds,man not be justly impute to his Hienes, qwho hes ever been willing and readie to grant commissione to such as the ministers thocht meitest to execute the same, qwherin inabilitie was in the judges ordinar.

The tenth heid being generall, His Majestie wald be glad not only to haue it explainit, but to hear all good advyces that shall be offerit to him for the reformatione of that qwhilk shall be found amiss, and how his lawes may have place, and justly ministrat to the comfort and commone benefite of all his good subjects.

The elevinth head is also very generall, and for the only one example that hes beene spoken of to his Heines, touching the removeing of the Principall of the Colledge of Aberdeine to be minister of St Androis, His Majestie trusts the Assembly will not think that matter, the substance weill considerit, either so proper to the Kirk, or so improper to the civill estate, but that his Hines and Counsell had good ground and reasone to direct his letters as he did upon the Generalls of the North Countrie, wharin nane was prejudgit—seing their was no charge conteyning power to denunce at the first, but rather to doe the thing requyrit, or compeir and schaw ane cause in the contrair.

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