[FORTY-SECOND GENERAL ASSEMBLY.]

[FORTY-SECOND GENERAL ASSEMBLY.]

The Generall Assembly, conveint in the Over Tolbooth of Edinburghe, and begune the 20th of October 1580; Qwhaire there war present the Commissioners.

The Generall Assembly, conveint in the Over Tolbooth of Edinburghe, and begune the 20th of October 1580; Qwhaire there war present the Commissioners.

Sessio.

Exhortation made be Mr James Lawsone. Leitts, Mrs Robert Pont, Andrew Hay, Andrew Melvill: the said Mr Andrew Hay, be plurality of votes, was chosen Moderatorhac vice.

Assessors Mrs Robert Pont, James Lawsone, Andrew Melville, Thomas Smetowne, David Fargysone, George Hay, Thomas Buchannan, Wm. Rynd, and the Commissioners of Edinburgh, all desyrit and nominat be the Moderator.

Sessio 2.

The Bischops of St Androis, of Glasgow, of Aberdeine, and Morray, beand callit, nane compeirit.

Sessio 3.

Anent the report of the King’s Grace and his Council’s answer to the petitions proponit be word be the brethren of the kirk yesterday; the brethren returnit answer to the articles. His Heines and Councill promittit to giue resolute answer to the same the 15th day of the next moneth, and to stay the place whill then.

In name of my Lord Lennox compeirit Mr Henry Keir, and saluted in his name the whole Kirk, declairing that his Lordship was maist willing to have ane minister in his awne house, for exercise of the trew religion; and albeit he had promised at the subscryving of the articles of religion to send for ane minister that had knawledge of the French tongue, yet be reasone Mr Bower had promised that he should cause him be provydit of ane qualified minister, accordingto his desyre, qwhilk took no effect, and wtherwayes also, because his desyre was that rather the Kirk should chuse him ane sufficient pastor, the matter hes sensyne lyen over; willing hartilie that the Kirk should write to some pastor of the French Kirk of London, for whais provisione and good entertainment he should be carefull: promising also in his name, that in the effaires of the Kirk, either in generall or particular, he should imploy his good affectione and labour as he sould be chargit; desyring that no uther opinione sould be conceived of him nor of any man that meines trewly towards God. The Kirk present hes willit their brother Mr James Lawsone to pen ane wryting in their names, to the minister of the French church of London, to the effect foresaid.

Anent the transporting of Mr Andrew Melvill, Principall of the Colledge of Glasgow, and Mr Thomas Smetoune, Minister of Pasley, to the Universitie of St Androis, conforme to the King’s Grace’s writting direct to that effect; after some publick wrytings in the matter had on ather syde, the Kirk referrit farther disputatione thereof qwhill afternoone. In the meane tyme, the questione being movit, if the Kirk might concurr with the King’s Majestie in transporting of Doctors from ane Universitie to ane uther for weightie and necessar causes, The Kirk and Assemblie present for the maist pairt votit to the affirmatione of the said questione.

Sessio 9.

Anent the act made in the last Assemblie concernyng the damning of the pluralitie of kirks in ane minister; The Kirk ordains the same to be put in executione be the Commissioners of provinces after the tenor thereof, under the paine of disobedience.

Anent the act made in the last Assemblie touching the Bischops; In respect that the order of the said act hes not been followed out against Bischops of Morray and Aberdeene conforme to the tenor thereof, The haill Kirk, as of before, ordaynes the Commissioners of the countries to put the said act to executione in all poynts, sa far as concerns thair pairt thereof, and the ministry so far as is appoyntit be the said act unto them, under the paine of making publick repentance in face of the haill Generall Assemblie, in caice they be found to contraveine the said act: And as to the warning and suiting of the saids Bischope of Morray, ordaines him to be warnit in Elgine publickly in the kirk; ordaynes Mr Thomas Buchanan, to summond the Bischop of Cathnes, and Johne Hepburneto summond the Bischop of Brechine to compeir in the nixt Generall Assemblie, to giue their submission and assent to the speciall heids conferrit and agreit upon be the Bischops of St Androis, Glasgow, and the Isles, with the Assembly, to be convenit expressly in the summonds; Certifying them and they compeir not, the Kirk will proceed with farder admonitiones against them. And in caise that the saids Mrs Thomas and Johne fulfills not this ordinance, the Kirk hes decernit against them that they shall make publick repentance in face of the haill Assemblie.[20]

The Generall Assemblie gives full power and commissione to their lovit breither of the Exercise of Edinburgh, with Mr John Craige, minister of the King’s house, if he be present, to call the Bischop of Orknay before them, and to chairge him in name of the Kirk, to give submission and assent to the articles and heids greit upone betwixt the Bischops of St Androis, Glasgow, and Isles, and to receave his answer thereupon, to be reportit with the haill proceiding therein to the nixt Generall Assemblie.

Ordaynes Mr Andrew Hay to summond the Visitor of Argylle to compear the next Generall Assembly to answer upon the usurpatione of the office of visitation within the saids bounds, under the pain of disobedience.

Anent the request made be the Commissioners of Perth to the haill Kirk, that in respect of the inlaik of umquhill Mr John Row, their late minister, ane notable man within the Kirk, and of the greit necessitie that the toune had to be prouydit of a singular good man both for doctrine and good discipline, That the Kirk would favourably grant to the placeing of Mr Thomas Smetoune and John Craige there. The Assembly considering the many impediments why their said breither might not be plantit there, Giues to the said towne any of the ministers following, viz. Mrs Andrew Symsone, James Andersone, John Davidsone, and ordaynes any of them that shall be best lykit of the said Towne, the said minister to be placit at the said kirk.

Sessio 10.

Qwhither if any minister may be removit be the Generall Assembly of the Kirk from his particular flock by consent of his flock for good and reasonable causes? The Kirk answerit therto affirmative.

Qwhither in respect of the present necessitie that there is no Doctors within the realme, ane minister may superceid the office of pastorschip for a tyme and use the office of a Doctor? It was answerit be the Kirke that it may be, be command of the Generall Kirk upon good considerationes.

Sessio 13.

Forsuameikle as be evident experience it is knawne to the Kirk, that of late dayes syndrie apostates are returned within the countrie, and are spread in diverse provinces, as in Angus and in wther pairtes, and no kynde of discipline as yet used against them, to the great sclander of the Kirk of God, grieff of the consciences of good men, and contempt of the acts of the Kirk; The Generall Assembly ordaynes the Commissioners of countries to put the act of the last Assembly to dew execution against them in all poynts, and to use the forme of discipline against them, as is used against adulterers, and this act and ordinance to be followit out be the Laird of Dun against the 10th day of November nixt to come within his province, against the Master of Gray, and uthers suspect of the said apostacie.

Anent the order of Visitors, Forsuameikle as it is considerit be the Kirk to be ane corruptione and to sound to tyrannie, that sic kinde of office sould stand in the persone of ane man, qwhilk sould flow from the Presbyteries, and not the lesse the estate of tyme and laike of present ordour for establishing and constituting of Presbytries, suffers not the present alteratione of Visitors; It is considerit and thocht meit that my Lord Clerk of Register sould be requestit, with the Laird of Dun, Mrs Robert Pont, James Lawsone, David Lyndsay, John Craige, or John Duncansone, or any thrie or foure of them, to lay and devyse ane Platt of the Presbytries and Constitutiones thereof, as best appearit to their judgements, to be reportit be them against the nixt Generall Assembly; and as to the present, appoyntit the Visitors to have the oversicht of the provinces whill the next Assembly.

The Assemblie giues full pouer and commissione to the Laird of Lundie, Bredhaltoune, Andrew Kar of Fawdonsyde, Mrs John Craig, John Duncansone, ministers of the King’s house, Robert Pont, James Lawsone, David Lyndsay, John Craige, Patrick Adamsone, James Boyde, Thomas Smetoune, George Hay, Andrew Hay, Adam Johnstoune, David Fargysone, David M‘Gill, John Prestoune, elder, Commissioner of Edinburgh, or any sax of them, to compeir before the King’s Majestie and Counsell, the 15th of November next to come, and with all reverence crave answer to the articles gine in sen the last Generall Assembly unto his Hienes and honorable Councill, and to reasone and conferr thereupon; with power to thir haill nominat in this commissione, or the maist part of them, to resolve, decerne, and finallie conclude, in name and behalfe of the haill Kirk, with the King’s heines and Councill thereupon, as shall be maist necessar and expedient for the advancement of the glory of God, intertainment of the Evangell of Jesus Christ; sicklyke and alse freely as if they were personallie present, ffirme and stable haldand and for to hald, whatsomever their said breither or the maist part of them in the premisses leids to be done.

The Generall Assemblie ordaynes their breither the Lairds of Lundie, Seagie, Colluthie, and Mrs Robert Pont, James Lawsone, and Williame Christisone, to passe with Mr Andrew Melvill to the New Colledge and sie him plantit there, conforme to the directione and decreit of the Kirk; and sicklyke to call the papists that are within the universitie before them, and put order unto them, according to the acts of the Kirk.

Forswameikle as the Generall Assemblie, according to the King’s Majestie’s wreiting, and for the weill and universall profite of the Kirk of God within this realme, hes thocht meet and expedient and alse concludit and ordaynit, that Mr Andrew Melvill be transportit from the Universitie of Glasgow to the new Colledge of St Androis for erectione and planting thereof: Nottheless that the good beginning and labours taine be the said Mr Andrew be not frustrate, The haill Kirk hes found good, necessare and expedient that the said Thomas Smetowne occupy the said Mr Andrew his place and office in the said Universitie of Glasgow, and ordaynes him to accept the charge thereof upon him: and ane writting to be direct in name of the haill Kirk to the Rector and Principall of the Universitie, requesting them to receive him in the said Mr Andrew his place, for the weill and comfort of their Universitie: Mr AndrewHay, as Rector of the said Universitie, in name thereof, dissenting from the removall of Mr Andrew, many wayes made protestation as of before.

Qwhither if ane minister entering in the functione of a ministrie, serving there in divers years by past, and thereafter leaves his vocatioun, and applys him to a civill office, may be admitted to be ane elder of the kirk? It is answerit, that this man isdesertor gregis, and sould not be admittit to be ane elder, but rather aught to be callit for his desertione.

Ordaynes Mr Braid to delyver to my Lord Justice Clark, at the King’s Majestie’s command, gine in wreit, for raysing of letters against Mr Nicoll Browne.


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