[FORTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie, conveint att Edinburghe, in the New Kirk thereof, the 9 of October 1582, qwhair there was conveint—Commissioners for the King, Mr John Hallyburtowne, and Collonell Stewart, and Commissioners of Earles Bothwell, &c., Barrones in great number, and Ministers.

Sessio.

Exhortation made be Mr Andrew Melville: Leitts, Mrs David Lyndsay, Thomas Smetoune, and David Fargysone. The said Mr David Lyndsay, be pluralitie of vottis, was nominat Moderatorhac vice. Mrs Robert Pont, James Lawsone, Andrew Hay, Andrew Melvill, Thomas Smetone, David Fargysone, George Hay, John Duncansone, William Chrystesone, the Lairds of Lundie, Qwhittinghame, and Braid, at the desyre of the Moderator, were nominat Assessors.

Sessio 2.

The Kirk ordaynit the ministers of Edinburghe, in name of the haill Kirk, to desyre the King’s Grace to send downe Commissioners, authorised with his Heines commissione, to see the proceeding thair, and vote in his name; qwho returnit answer that they should be satisfied the morne.

Anent the commissioune to certaine brether to present to the King’s Majestie and Counsell at Perth, the Grieves and Complaints of the haill Kirk, the executione qwhereof being requyrit, and the saids Grieves, with the answers thereto, being read and considered; with commone advyce, it was thocht the saids Answers, not directly meeting the Articles, and therefore the samen, so far as is not satisfied, to be yet insistit in, and to be gine in, with such other articles as are meit yet to be craveit; the reforming qwhairof the brethren committit to Mrs Robert Pont, Thomas Smetoune, Andrew Pollwart, and Andrew Melvill.

Sessio 3.

In presence of the haill Assemblie, compeirit Mr James Hallyburtouneand Colonell William Stewart, and presentit the King’s Majestie’s Commissioune in write; the tennor qwhairoffollowis:—

We, be the tennor heirof, with advyce of the Lords of our Secret Counsell, gives and grants authoritie, full power and commissioune, to our richt trustie and weill beloved Mr James Hallyburtone, Proveist of Dundie, and Colonell William Stewart, conjunctlie and severallie, for ws and in our name, to pass to the Generall Assembly of the Kirk of our realme, and thair to hear and consider the matters proponed, tending to the advancement of God’s glory and his trew religione, the correctione of manners and reteyning of ecclesiasticall matters in decent and civill ordour, as the word of God requyres and allows, and to report the matters proponit and intreatit to us for our allowance and ratificatione of the samen, as appertaynes; and generally all and syndrie uthers things to do that to the forderance of all godlie and good matters is necessarily requyrit, firme and stable: Subscryvit with our hand, at Halyrudehouse, the 10th of October 1582, and of our reigne the 16th year.

Sessio 4.

The places where the Synodall Assemblies shall conveene shall be changeable from tyme to tyme, as the brether thereof shall finde meetest, that no ambitioune may grow be continowing the same in ane place.

Sessio 5.

Anent Bischops: Seeing the great sclander and offence arysing to the Kirk be their impunitie and oversicht, being altogether out of rules, the Kirk hes thocht it expedient that the King’s Majestie’s Commissioners, my Lord Boyde and the Laird of Capringtoune, with the Assessors of the Moderator, conveene in Mr James Lawson’s galrie, and advyse solidlie upon some substantious ordour.

Sessio 6.

The Assemblie ordayns James Montgumrie to make publick satisfactione and repentance in the paroche kirk of Glasgow, for speaking with Mr Robert Montgomrie, after his excommunication dewlie intimat, in respect of his confessione, and to acknawledge his offence thair, promising in tyme cuming to abstaine from the lyke,under the paine of the censures of the Kirk; and the same order to be keepit with all uther persones falling in the same offence.

Sessio 7.

Anent the informatione made to the Assemblie by my Lord Paislay, in name of the noblemen interprysers of the lait actioune, giveing the Kirk to understand that the grunds moving them to that actione, simplie were, the danger they perceivit the Kirk of Scotland and religion into—the evident perrill of the King’s Majestie and his estate, and the confusione and misorder of the Commonweall; whereof, as they doubt not to feell good testimonie in their awne conscience, so wald they that the Assemblie sould schaw their good lyking of the same, and give ordinance to ilk minister, at his kirk, to lay out their good grund and actione to their flocks; exhorting all noblemen and uthers qwhatsumever, faithfullie to concurre with them in the said good cause, to the full prosecutione thereof: Qwhilk informatione being weill considerit be the Assemblie, it was thocht very meit and expedient, in particular, to inquire and voit of the saids perrills; and every ane of them was seene and perceivit to haue been to the haill brether, qwhairof the information is made, and be full consent and vote of the haill Assemblie, declaratione was made, that the haill brethren understand the concurrance of all the saids dangers:—And to the effect the King’s Majestie’s mynde also may be gatherit, touching the same, directione was gine to Mrs James Lawsone, David Lyndsay, with the King’s ministers, to passe to his Heines the morne afternoone, to reasone and conferr anent the saids dangers, and to open up the samen at lenth to his Majesty, and to report his answer thereanent.

Sessio 8.

Anent the conferrence of the brethren direct to the King’s Majestie: Report was made be them unto the said Kirk, That his Heines had confest that there was ane perrell to the Religion within this realme, and indirect courses runn to the hurt thereof, qwhairunto his awne perrell was joynit; for he esteimit his standing to be joynit with the standing of religione: As also he acknowledgit syndrie abuses in the Commoneweall before the late interpryze of the Nobilitie, and that all good men shall concurr of dewtie to take away the danger from off the Kirk, his persone and estate, and to the reformatione of the Commonweall.

Anent the twa last heads left unresolvit be the Noblemen undertakand the late reformatione; The haill Kirk, in ane voyce, agreit therwith, and ordained ane speciall act to be concurred therupon, and to be put in forme be the clerk, Mrs Robert Pont and Thomas Smetoune, to be presentit againe to the Assemblie at afternoone, that they may understand and judge thereof if the samen agries with the meaning of the brethrene.

Sessio 9.

Anent Bischops: Seeing the great sclander and offence to the whole Kirk of this realme, be their impunitie and oversicht, to the griefe of good men’s consciences: The haill Assemblie hes gine and gives Commissione to particular presbytries under specifeit, with all possible and convenient diligence, to summond and call before them, every one of them as they be particularly divydit in manner following; That is to say, the Presbytrie of Perth, the Bischop of Morray; the Presbytrie of Edinburgh, the Bischop of Aberdeene; the Presbytrie of Mernes, the Bischope of Brechine; the Presbytrie of Dundie, the Bischope of Dunkeld; the Presbytrie of Striveling, the Bischopes of Dumblane and Isles; the Presbytrie of Glasgow, the Bischop of St Androis—to accuse them, and every ane of them, all or pairt as they are guiltie, viz. of non-preaching and ministratione of sacraments—of negligence of doctrine or discipline—haunting or frequenting of the company of excommunicat persons—wasting of the patrimonie of the Kirk—setting of tacks against the acts of the Kirk—giving collation of benefices against the saids acts—and finallie, for giving sclander any wayes in lyfe and conversation; and after dew tryall, proces, and convictione, to put order to every ane of them according to the qualitie of their offences and acts of the Assemblie, betwixt and the meeting of the haill Kirk, as they will answer thereto.

Sessio 10.

Anent Colledges and Universities within this realme: It is considerit be the haill Assemblie to be maist expedient for the good and weillfare thereof, that certaine good men of meit qualities be imployit to take oversight thereof; and for that effect the Kirk hes gine commissione and power to their lovit and honourable breither afterwritten to concurre with such as the King’s Majestie and Counsell directs with them in visitatione of the haill Colledges withinthis realme, as they be particularly under devydit, betwixt and the last day of November next to come, and to consider how the rents and livings of every ane of them are bestowit and imployit—how the doctrine is usit be the Masters and Regents—if the same be correspondent to the act of Parliament—how order and discipline is keepit amang the students and schollars; and herein, as disorder and defectione is found, to take order therewith according to the act of Parliament: They are to say, Mrs George Hay, Peter Blackburne, William Chrystesone, Andrew Milvill, the Laird of Glenbervy, to visit the Colledge of Aberdeene; Mrs David Lyndsay, Robert Pont, Nicoll Dalgleische, Thomas Buchanan, the Lairds of Lundie and Culluchie, with Mr David Russell, Commissar Clark of St Androws, the Universitie thereof; Mrs James Lawsone, John Duncansone, Walter Balcanquall, John Porterfield, the Lairds of Keir and Greenock, with Adam Wallace, Bailie of Glasgow, the Colledge thereof; and what herein beis done be them, to reporte againe the next Assemblie.

Sessio 11.

Ordayns the King’s Majestie’s Advocat to be summoned to compear before the Assembly immediately, and to that effect from the Assemblie the officer of the Kirk being [sent], answer was returnit he was in Hermestoune; and heirfore was ordaynit to be summoned be ane citatione to Wednesday to answer simply, if he was the former or dyttar of the sclanderous proclamatione sett out against the ministrie, and for opponing him to the lawfull proceedings of the Kirk—certifying him and he compeir not, they will proceed as appertayns.

The act concerning the actione of the nobilitie being read to the Commissioners of Edinburgh, after advyseing therwith apairt, they votit and agreis thereto with the rest of the brethrene.

Sessio 12.

It is leisum for a minister, for a seasone, to superceid the ministrie and use the office of a Doctor: Therefore the Assemblie hes concludit and ordaynit Mr Thomas Buchanane to enter in the new Colledge, and use and exercise the office of a Doctor thair for the support of the samen,—his Kirk being alwayes provydit of a sufficient pastor, and the said Mr Thomas sufficientlie satisfyeit anent the promise made for expeditione of his pleis.

The Earle Bothwell declarit in presence of the haill Assembly, that as he profest the trew religione preachit within this realme before his departing furth of the same, so sen his depairting, continwallie as yet continuit in the samen mynde to die and live therein by God’s grace.

Sessio 14.

Anent the proces used against the Laird of Mynto: In respect of his compeirance personally this day and yesterday, confessing his offence, and submissione of him to the Kirk; The Assembly hes referrit the discipline and order to be wsed against him, for satisfying of the said offence, to the judgement and discretione of the Presbytrie of Glasgow, and the same forme to be usit and observit be them with John Grahame, elder; and what herein beis proceedit, upon the pairt of the Presbytrie, and upon the pairt of the saids persons, to report to the nixt Assemblie.

Sessio 15.

The Assembly ordayns Archbald Hegget, John Grahame, younger, Hector Stewart, John Sprewle, elder, William Hegget, Robert Stewart of Nowbar, for their contumaceous absenting them from the Generall Assemblie, being diverse tymes summoned thereto, to have answereit for haunting and wsing the company of Mr Robert Montgomrie, after his excommunication intimat to them, and uthers enormities done against the Kirk, despysing and contemning the voice thereof, To make their publick repentance in the Kirk of Glasgow, in presence of the congregatione thereof, after the forme to be prescryvit to them be the Presbytrie thereof, to qwham the Kirk committs the execution thereof.

Anent the proces deducit against Coline Campbell, Malcolme Stewart, Hector Stewart, John Grahame, elder, Gavine Grahame, and Archbald Hegget, concerning the violence done to Mr Johne Howiesone in the judgement seat in Glasgow: The saids haill persones being cited to this Assembly except the said Walter Stewart, to have heard the sentence of the Kirk in the said matter, and nane compeirand except John Grahame, elder, with wham he has alreadie taken order, and Gavine Grahame; The Assembly ordaynit the said Coline Campbell, Malcolm Stewart, Hector Stewart, Archbald Hegget, and Gavin Grahame, for their offence foresaid, to be excommunicatpublicklie in the Kirk of Glasgow be Mr David Weymes, minister thereof, with advyce of the Presbytrie thereof.

Sessio 16.

Articles read and allowed by the Assemblie, as meit to be proponit.

1. Seing the spiritual Jurisdiction and Government of the Kirk is granted be God the Father, throw our Mediator Jesus Christ, and gine only to them that preaching, teaching, and oversieing, bear office within the same, to be exercised not be the injunctions of men, but be the only rule of God’s word; That the act of Parliament, concernyng the libertie and jurisdiction of the Kirk, be so plainly declareit and enlargeit, that hereafter nane uther of qwhatsumever degree, or under qwhatsoever pretence, have any collour to ascryve or take upon them any part thereof, either in placeing or displaceing of ministers of God’s word, in spirituall livings or offices, without the Kirk’s admissione, or in stoping the mouthes of preachers, or putting them to silence, or taking upon them the judgement in triall of doctrine, or in hindering, staying, or disannulling the censures of the Kirk, or exeiming any offender therefrae.

2. That the Presbytries, consisting of doctors, pastors, and such as are commonly callit elders, now according to God’s word and the King’s Majestie’s direction, appoyntit in diverse parts of the realme for discipline, order keeping, and judgement keeping, in ecclesiasticall affaires, be approvit, establischit be authoritie, and paynes prescryvit to them that publickly oppones themselues.

3. That the Synodall Assemblie, consisting of diverse presbytries, and Generall or Nationall consisting of the haill, be approvit, and be virtue of acts of Counsell, presently and hereafter haue power to conveine so oft as occasione shall requyre, to advyse, intreat, conclude, make ordinances in such things as concerns the will of the Kirk, and their charge in doctrine and discipline, with libertie to appoynt times and places for that effect.

4. That Presbytries, or such as they will direct of their awne number, have the same power in designatione of manses and gleibs and reparatione of the kirks, that the Bischops, Superintendants, or Visitors had before.

5. That every Kirk have the awne severall pastor, to be sustainitupon the teynds of the parochine qwhair he serves, and to that end that the manses or kirks annexit to great benefices or prelacies be dissolvit, pensiones gine out of the thrids and tacks sett of the same, be the collectors or possessors having the thrids in their awne hands, be revockit.

6. That of the temporall lands of every Abbacie, Priorie, Bischoprick, Minstrie, &c. so meikle be applyit to the schools as may sufficientlie maintaine ane sufficient number of Masters and Bursars, according as the liveing may bear, in place of Channons, Monks, Nuns, and uthers idle-bellies; the ane to teache and the uther to passe their course alseweill in Philosophie in all Universities as in Theologie, according to the act of Parliament made in the fundatione of the New Colledge of St Androis, that the kirks may be ance plantit with sufficient learnit men.

7. That provisioune may be, how commone affaires of every Presbytrie may be borne, such as visitators, commissioners direct be them for sundrie occasiounes, scribes’ executione of their summonds, decreits, &c. Quhilk to our judgement sould be sustained be the Bischops rents.

8. That the Kirk be restorit to the thrids, according to the act of Parliament and contract made be the Earle of Mortoune; because we have found ourselves grievously hurt be the giving them out of our owne hands.

9. That the presentation of benefices be direct to Presbytries where the benefices lyis, that be them, after dew tryall, the qualified persons may be admittit.

10. That no presentatione be gine to any man with ane blank therewith for their filthie gried to gang through the countrie making schamfull merchandice, and sicking who will offer maist, or receive least: But that such chiefly be regardit as be the Presbytries or Universities shall be recommendit to the King’s Majestie or Laick Patrone.

11. That it be inactit that Ministers who, through age or sickness, or uther accident, become unable to execute their office, may bruick their livings dureing their lyfis, and provisione made how the kirk in the meantyme will be served.

12. That such Ministers who are deposed or excommunicat in any time, their benefices, stipends, or ecclesiasticall livings quhatsomever to vaike, and uther qualified men provydit thereto.

13. That such as are knawne to be Papists, and notwithstandingtheir aiths, handwreits, and outward obedience, are tryit to have returnit to their vomit and made apostasie, wayting still the tyme and occasione to cut the throats of the godly, may be punischit as traytors to God and our Soveraigne, be banischment or utherwayes.

14. That no service, freandschip, or league be made with Papists in France, Italie, nor Spaine, or uther countries, be commone or particular consent.

15. That the lyke law be made for defence and preservatione of the preachers of the blessed Evangell againes violence and oppressione as is grantit in favours of the Lords of Sessione.

16. That remedie be found how speciall livings and teinds transferrit in temporall lordships may be restorit againe, for sustentatione of ministers, poore, and schooles.

17. The Colledge Kirks qwhilks are destitute of ministers, be reason of the thrids gine in the Colledge hands, may be provydit with sufficient stipends out of the thrids, conforme to the act of Parliament made thereanent.

18. That buriall in paroche kirks, be act be dischargit, and ane speciall punischment appoyntit for transgressors.

19. That the diminutione of the rentall be ane sufficient cause of reductione of tacks and fewis, and that diminutione be comptit alseweell the impareing of silver rentallde liquido in liquidum, as conversion of victuall in small pryces, that is, under such reasonable pryces as victuall giues for the tyme.

20. That every beneficed man find cautione, at his entry, to recompence what hurt soever he does to the benefice.

21. That it be leisum for no beneficed man, prelate or uther, to sett any tacks or fewis hereafter, and that they be bund to repaire qwhatsoever hurt they haue done to their livings against the lawes.

22. That it be declareit qwhat tacks or fewis are lawfull, and that two or three nyneteine yeares or lyferent tacks, made against all law and conscience, be annullit and declareit of nane effect.

Certaine Articlespresentit be the Generall Assemblie, and maist humblie cravit of the King’s Majestie and Councill, ffor redress of the manifold inormities fallen furth, to the wreake of Kirk and Common-weall.

1. That the sclanderous proclamatioune gine furth at Perth, the12 of July, and publisched in all townes, and paroche kirks, and to the perpetuall infamie of God’s servants imprintit, may be perused and diligently considerit, to try if any minister be culpable of such odious crymes, as therein are layit to their chairges; and in case they be fund culpable, to punische them with a rigour of law, utherwayes, that the givers out of such blasphemous reports, and devysers and dyters of that infamous lybell be punischit accordingly; and that, be act of Councill and open proclamation, the ministrie be declarit innocent of such wicked and haynous crymes.

2. That the unaccustomit violence wsed against Mr John Howiesone, drawing him out of the Justice seate of the Presbyterie, dinging, and casting him in prisone, and agaynes Mr David Weymes, minister of Glasgow, be sua punischit, that nane hereafter be bald to attempt the lyke.

3. That Coline Campbell, William Hegget, Archibald Hegget, and their complices, be punisched according to justice, for the sedition and uproare made be them, being Magistrates and Counsellors, against the students of Glasgow, and schedding of their blood.

4. That the proclamatione lately made for the libertie of the Assemblies may be inlargit, and more plainly sett furth.

5. That your Lordships will giue the King’s Majestie to understand, how wicked instruments they were that persuadit his Grace to allow and take upon himselfe, all the mischiefs and ungodly proceedings, whereat the Kirk, his Grace and countrie, were brought to such miserie and danger.

6. That all acts of Councill made against Presbytries and Assemblies, chargeing them to desist from proceeding in discipline and ecclesiasticall censures against sclanderous persones, be annullit and delaitit out of the books: Lykewayes, that the act made against John Durie be delaitit.

7. That his Majestie and Lords will wey what great inconvenients and absurdities falls furth upon the act of Councill made concerning the absolute power; and for removeing thereof, to dilaite the samen, never to be remembrit hereafter.

8. That his Grace and Lords provyde and cairfullie foirsee, that be the wicked practice of dimissione or associatione of authoritie, the Kirk, King’s Majestie, and Countrie, be not hurt, and that the same be stayit in tyme.

9. That the stipend appoyntit for the minister of Strivilling, andnow wickedly purchased be Mr Robert Montgomrie to his young sone, be restorit againe, for sustentatione of ane qualified man to teache that flock, qwhilk be his ungodlie dealing and apostacie hes been so long destitute.

10. That it will please your Majestie and Lords to haue pitie and compassion upon that noble and godly man, James Hamiltone, Earle of Arrane, sometyme a noble and comfortable instrument in reforming the Kirk of God, and now visite be the hand of God, and under pretence of law, bereft.

11. That Commissioners be deput in every part, for visitation of the Colledges, betwixt and the last of November. The Generall Assembly gives their full power and Commissione to Mrs George Hay, Andrew Myllne, James Balfoure, William Chrystesone, Patrick Gallaway, Andrew Melvill, David Fargysone, Thomas Buchanan, Patrick Gillespie, James Lawsone, David Lyndsay, Robert Pont, Andrew Hay, Thomas Smetowne, John Young, Andrew Pollwart, Andrew Clayhills, John Knox, Patrick Gates, and Peter Watsone, with the King’s Majestie’s Ministers, to pass unto the King’s Heines, his noble Counsell and Estates presently assemblit at Halyrudehouse, and to his Heines’ Parliament, when the samen shall hapin to be halden, to present the Grieves of the Kirk, crave answer, reasone, and report to the next Assemblie.

Sessio 17.

Anent the matter depending againes the King’s Majestie’s Advocat: His Lordship being present, advysit the Assemblie to consider wyslie if they allowit the forme of proceedings against him, being an officer to his master the King’s Majestie, callit his awne, upon the alleadgit forming of ane proclamatione gine out in the King’s name, under the title of a Declaration, and concludit be authoritie of his Councill—And as they shall finde be their wisdome, he wald not contemptuouslie refuse to answer to every point to lay to his charge: With the qwhilk desyre the breither being advysit, ffand, that in respect of the sclander castine be his persone, he may and sould be callit simplie to giue his declaratione for removing thereof; qwhairwith he being content, plainly and openly taking the name of God to be his witness, declareit, he neither inventit, pennit, nor formyt the said proclamatione, but at the desyre of the Duke’s Grace, translatit the last pairt thereof in Scotts concerning his declaration, qwhilk was in French; and farther, did nothing in the haillproclamatione. As to the remanent heids, they were answerit summarly, and the brethren appearandly satisfyit.

Sessio 19.

The brethren appoyntit to present the Articles to the Convention of Estates and Parliament, reportit, That the Lords cravit the advyce of the Kirk, quho sould sit in their names and vote in Councill or Parliament—seeing they are upon the order taking of a Counsell, consisting of three estates: ffor the better resolutione heirof, it was thoucht meit herin to understand the plaine meining of this propositione at Lords’ selves, and therefore the breither to be convenit there at afternoon, &c.

Sessio 20.

Anent the propositione made before noone concerning such as sould vote in Parliament or Counsell in name of the Kirk: The matter being opponit be the Lords, their propositione was, qwhither, if the Kirk will agree that some of the Bischops be upon the Councill for the Kirk? Therefore the Assembly conveining themselues together, resolvit that they could not agrie that any sould vote in name of the Kirk, but they that beares office in the Kirk, and are authorized with commission of the Kirk, to vote and sit there; and ordaynit their answer to be returnit to the Lords be Mrs George Gray and Thomas Buchanane immediately.

The nixt Generall Assembly to be halden at Edinburgh the 24th of Apryle nixt to come, except some necessar occasione of sooner meiting fall out be advertisement of the Presbytrie of Edinburgh.

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