[FORTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk conveint at Edinburgh, the 27 of June 1582; Qwhair there were present the Commissioners.
The Generall Assemblie of the Kirk conveint at Edinburgh, the 27 of June 1582; Qwhair there were present the Commissioners.
Sessio.
Exhortatione made be Mr Andrew Melvill, qwho was continowit Moderator unto the nixt Assemblie.
Anent the lang discourse made be John Durie, of his calling before the King’s Majestie and Counsell, his answer, and haill proces used against him: as also a charge to him this day, be the King’s letter, to remove off the towne; cravand in end the good advyce of the brether, qwhither he sould remove from his flock according to the charge, or remaine according to his calling, being allwayes readie to follow their determinatione, howsoever the brether thinks expedient to giue it: The Kirk direct David Fargysone and Mr Thomas Buchanane to the King’s Majestie, to understand his meining therin, and to crave at his heines, the performance of the promisemade to certaine breither concernyng him; as also to lament unto his Heines the case of their brether of Glasgow, chargit to St Johnstoune, and to make sute for them to this effect: also ane missive to be direct to Johne Duncansone to concurr earnestly with them.
Sessio 2.
Anent the desyre of the Commissioners direct from the Councill of Edinburgh to the Assemblie, craving their counsell anent the charge given to the Proveist, Baillies, and Councill of Edinburghe, for removeing of Johne Durie their minister: The Kirk ordained Mrs James Lawsone, Thomas Smetowne, Andrew Hay, Robert Pont, David Lyndsay, and John Craig, to concurr with such as the Counsell will deput, the morne to consult, conferre, and reasone concerning that matter.
Sessio 3.
Anent the information made be John Durie, that certain brether, direct from the Councill of the Towne, movit to him, as appears, of good affectione, hes desyrit him, for avoyding of the danger that may fall upon his flock, to absent and withdraw himself a space off the towne privilie; desyrand him to understand the good judgement of the Kirk; protesting, for his awne opinione, that because his removeall may be prejudiciall to the commone cause, and his privie departing appear an accepting of the voyce upon him wherwith he is unjustly chargit; that without their counsell herein, his awn deliberat mynde is, to abyde it with the hazard of his life: And farther, sieing that his doctrine qwhairof he was accusit in councill, in force and substance was justified at his own Presbytrie, and be his awne session of Edinburgh, That the brether wald give him that testimoniall, that he hath travellit faithfully in his vocatione, no fault being found with him in his doctrine, or imput to his lyfe; as also, if it please God, that he be compellit to remove, that he may have liberty elsewhere to preache the Evangell, where it shall please God to give him the occasione of tyme and place for discharge of his awne conscience and calling:
The brether, after good advyce and deliberatioune, in ane voyce thocht it not meit that he sould remove off the Towne privilie, but abyde the charge to be gine be the Proveist or Baillie to him; and as to his doctrine, life, and conversatione, the haill Kirk acknowledgetnothing in him but sound, trew, and wholesome doctrine, upright and honest in life and conversatione, giving him libertie in caice of his removal to preache the Evangell faithfully, where God shall offer the occasione, until the tyme it please him to restore him to the charge of his awne flock.
The Kirk gives their full power and commissioune to Mrs Alexander Arbuthnott, Adam Johnstoune, and David Home, to pass to the Duke’s Grace, to make informatione to him of the great sclander of Mr Robert Montgomrie in his societie, sen the tyme of the sentence of excommunication pronuncit against him; to intimate unto him the said sentence with gentle and discreit persuasions; to schaw the danger thereof, and what the acts of the Assemblie hes concludit against the receivers and maintayners of excommunicat persones; desyring him earnestly to remove him from his company, and to gine admonitione to him to that effect; and in caice he continow inobedient, that the Kirk will proceid against him according to their acts.
Sessio 4.
John Duncansone presentit ane letter from the King’s Majestie concerning the Laird of Mynto, and certaine of the magistrates and citizens of Glasgow, desyrand, in effect, that matter to be handlit before the Counsell, with credit to be gine to the bearer, quho utterit his credite and schew, That his Majestie continows, and sall constantly continow to the end, in the trew professione of the religione presently establischit within this realme; and as to the action of Glasgow, upon supplicatione to be gine into the Counsell, such order shall be taken therwith as the Kirk shall be therwith satisfied.
Anent the summonds produced against the said persons to hear tryall taine of the violence done be them against Mr John Howesone, and to hear them convict, excommunicat, and casten furth of the societie of the faithfull, for the committing of the said hynous offence and sclander; as the summonds dewlie execute and indorsate at lenth bears:—The saids persones all being callit, and nane compearand except John Grahame, quho denyit the contents thereof for his parte,—The saids summonds being given to probatione, and Mrs John Davidsone, John Hamiltone, Andrew Knox, Patrick Walkingschaw, Thomas Jack, Richard Wright, Archibald Eglintoune, and John Stodard, being sworne, recevit and admittit witnesses, the Kirk ordaynit them to be present the morne in themornyng, before the Moderator and his Assessors, to depone in the said matter.
Sessio 5.
The brethren direct to the King’s Majesty concerning John Durie and the brethren of Glasgow, Reportit his Grace writing, in effect bearing, that at the cuming of the said Duke’s Grace, who had interes in that matter, cautioning the said John, upon supplicatione to be gine in, consideratione sould be had thereof; and as to the brether of Glasgow, the action of qwhilk the Kirk hes in their hands against the Provest of Glasgow and his colleagues, being superscedit, he wald dispenss with the brether of Glasgow, to the saxt day of July nixt to cum; as the letter at lenth bearis.
Anent the proces deducit against the Provest of Glasgow and his colleagues, The Kirk ordayns Mrs James Melvill, John Porterfield, and Patrick Scharpe, to examine the remanent witnesses afternoone, qwho are producit and unexaminat, and, in the meanetyme, further proces to stay; lykeas the saids witnesses war examinat at the tyme appoyntit be the saids breither.
Sessio 6.
Anent the actione layde against the Laird of Mynto, Provest of Glasgow, and his colleagues, The haill Kirk, after publick reading of the proces, and probatione used in the matter, and dew consideratione and examinatione thereof, being weill and ryply advysed therewith, Finds the cryme, as it is verified, proven and tryed before them, to deserve to be punischit with excommunicatione; and, nottheless, at the King’s Majestie’s request, continewes the pronuncing of any sentence against them to the saxt of July nixt, qwhilk is the day of the conventione of the Nobilitie at Perth, qwhere hope is gine of repair: Givand, grantand, and committand also, full power and commissione to the Commissioners, direct be them unto the King’s Majestie and Councell to the said conventione, in case they should not see remeid there put to the matter, betwixt the said day and the 24th of the said moneth, or sooner, at their discretione, to proceed and giue forth sentence in the said cause, and to appoynt severall persones to the executione thereof, as they will answer to the Kirk; and ordaynis reporte to be made of this continuatione unto the King’s Majestie.
Anent the place occupied be John Durie, ane of the ministers ofEdinburgh, presently removit off the toune, the Kirk present, inhibites and discharges the Kirk and Presbyterie of Edinburgh, to elect, choose, or admitt, in any wayes, any minister in his place of the ministrie thereof; dischargeing also all ministers, or that aspyres to the ministrie, to attempt the usurping or taking upon them of his charge and place thereof, except at the desyre of the ministers of Edinburgh, to relieve them, at all tymes, qwhill the Generall Assembly of the Kirk be farder advysit; and, in caice any shall be chosen and electit, the haill Kirk decerns the said electione and admissione to be null and of nane effect.
The Duke of Lennox answerit to the breither that was sent to him concernyng the mayntayning of Mr Robert Montgomrie, was first a interrogator,—Whither the King or the Kirk were superiors? And, thereafter, that he had command of the King to maintayne him, and of his Counsellors; and, qwhill he were contramandit be him, he wald not remove him.
The Kirk having considerit his answer, Ordaynes the brethren of the ministrie that gangs in commissione to Perth, as they sie occasione there, and the grieff not remedied, touching his maintaining of the said Mr Robert, To proceid and appoynt speciall men, that sall proceed farther against him with the censures of the Kirk, according to the acts of the Generall Assemblie, to qwham the Kirk gives their full power to that effect.
The Generall Assembly, in ane voyce, Gives their full power and commissione to the Right Honourable and their belovit breither John Erskine of Dune, the ministers of the King’s Majestie’s houss, Mrs Robert Pont, James Lawsone, Thomas Smetoune, Andrew Hay, David Lyndsay, Andrew Polwart, Peter Blackurne, Patrick Galloway, William Chrystesone, David Fargysone, Andrew Melvill, Thomas Buchanan, John Braid, Patrick Gillespie, John Porterfield, ministers, and Mr Andrew Melvill, to repare towards the King’s Majestie and Councill to be conveint at Perth, the saxt day of July nixt, and there, with all dew obedience, reverence, and submissione, present to his Heines and Nobilitie the speciall greives of the Kirk, conceavit and gine to them in wreit; and in their behalfs, lament, deplore, and regraite the same unto his Majestie and Councill; craving, in the name and fear of the Eternall God, the same and every ane of them to be repairit and redrest, to the glory of God, and wellfare of his Majestie, and comfort of his Kirk: And thereupon, if need be, with humilitie to conferr, informe, andreasone; and qwhat herein beis done, to report to the nixt Assemblie:—firme and stable haldand and for to hald whatsoever their brethren in the premisses righteously does.
Sessio 7.
The tenor of the Grieves of the Kirk, above specified:
Unto your Majestie, humblie meanes and schawes your Grace’s faithfull and obedient subjects, ministers of God’s word within your Grace’s realme, conveint in the Generall Assemblie halden at Edinburgh, the 27th of Junii; That whereupon the occasione of diverse great and evident dangers appearing to the haill Kirk of God and professors of his trew Religione in this countrie, finding the authoritie of the Kirk abrogat, the censures thereof contemnit, and violence usit against some of the brethren, without punischment thereof, the lyke hes neither been seen in this realme, nor any uther where the truth of the Gospel hes been preachit and receavit; and fearing least your Majestie, for lake of informatione, neglect in tyme to provide remedie for the inconvenients lykelie to insew thereupon, We conveint ourselves in the fear of God and your Heines obedience; and after diligent consideratione of this present estate of the Kirk, and enormities fallen furth in the same, with commone consent thocht necessare our Commissioners to present and open to your Grace certain or chiefe and weightie grieves, without hastie redress qwhairof the Kirk of God and trew Religion cannot stand in this your Grace’s countrie; that your Majestie, be advyce of some Counsellors, is taught to take upon your Grace that spiritual power and authoritie qwhilk properly belongis to Christ as only King and head of the Kirk, the ministrie and execution thereof to such as bear office in the ecclesiasticall government of the same; so that in your Grace’s persone, some men preases to erect ane new Popedome, as though your Majestie could not be full King and head of this commonwealth, unless alsewell the spirituall as temporall sword be put in your hand—unless Christ be bereft of his authoritie, and the twa jurisdictions confoundit, qwhilk God hes devydit, qwhilk directly tends to the wrack of all trew religione, as be the speciall heads following ismanifest:—
1. For benefices are gine be absolute power to unworthie persones intrustit in the office of the ministrie, without the Kirk’s admissione, directly against the laws of God and acts of Parliament;quhairthrowgh the Kirk’s livings comes in profane men’s hands and uthers, that sells their sauls, and makes schipwrack of conscience, for pleasure of men, and obtayning some worldly commoditie.
2. Elderschips, Synodall and Generall Assemblies, are dischargit be letters of horning to proceed against manifest offendars, and to use the discipline of the Kirk, and censures thereof, according to God’s word.
3. John Durie, be act of Counsell, is suspendit from preaching; and for this same cause is banisched from his flock.
4. Excommunicat persones, in contempt of God and his Kirk, are intertayned in chieff Lords’ houses, namely, Mr Robert Montgomrie, authorized and caused to preach, and brought to your Majestie’s presence, qwhilk is a sore wound to the conscience of them that loves your Majestie, and knawes your Grace’s up-bringing, and ane heavy sclander in all nationes professing the trew religione.
5. An act or delyverance of Counsell is made against the proceedings of the ministrie with ane sclanderous narrative, suspendingsimpliciter, and disannulling the excommunicatione justly and ordourly pronuncit against Mr Robert Montgomrie, a rebellious and obstinat offendar and troublar of the Kirk of God, and open proclamations made according thereto.
6. Contempt of ministers, and dinging many doing their office, and speciallie the violent drawing of Mr John Howesone out of the judgement seate qwhair he was placeit Moderator of the presbytrie,—his cruell and outrageous handling, carrying to prisone lyke a thief, be the provest and baillies of Glasgow, and their complices; and after complaint made, no order taken with the doers thereof, but contrariwise, maintaining of them, as if the same had been good service.
7. Displaceing of the minister of Glasgow out of his rowme, qwhilk, without reproache, he hes occupied thir many yeares, and convocation of the gentlemen of the countrie to that effect.
8. Violence used be ane of your Grace’s awne guard to pull him out of the pulpit, the day of communione, in presence of the haill congregation, in tyme of sermone, and no fault found therewith.
9. The officer of the Kirk was castin in prisone in your Grace’s presence, and there keepit a lang tyme, for executione of letters direct against a particular sclanderous man.
10. Ministers and Masters of Colledges and Schoolis of Glasgowin tyme of publick fast, were, be letters of horning, compellit to leave their flocks and schooles destitute, and sinsyne, from tyme to tyme, and place to place, have been delayit and continewit, thereby to consume them be exorbitant expenses, and to wrack the Kirk and Schools, qwhereof they beare rule and charge.
11. The schollars of Glasgow were invadit and their blood cruellie sched be the baillie and commontie, gatherit be sound of commone bell and straik of drume, and be certaine seditious men, inflammit to have slaine them all, and to have burnt the Colledge; and yet nothing done or said to the authors of that seditione.
12. Hands schaken with the bloodie murtherers and persecutors of the people of God, be propynes receivit and gine.
13. The Duke’s Grace oft tymes promised to reforme his house, and nothing done therein.
14. The laws made for maintainance of the trew religione and punisching the enemies thereof, are not put to executione; so that all things go lowse, and worse like to ensew.
Many uther things there be that crave present reformatione, quherewith, notwithstanding, we think not expedient to trouble your Majestie untill we see quhat order be taken with thir grievous complaints; beseikand your Majestie most humblie, for the lufe of God, quho hes placit your Majestie in this Royall Throne, and hitherto wonderfullie defendit and mentainit your authoritie, cairfullie to look upon thir matters as becomes the Leevtenant of God, and ane Christiane King; and with advyce of them that feir God and tender your Grace’s estate and quyetness of this commonweill so to redress the premisses, that first, Christ above all be acknowledged, his Ministers, without feare or stope, sufferit to execute their office,—the course of the Gospel advancit,—and be the example of the worthie, punischment of them quho so licensiouslie have wrongit and injurit ministers and professors of God’s word, that wthers heirafter be affrayit to interprize the lyke.
The next Assembly was appoyntit to be at Edinburgh the 24th of October nixt to come, except that necessare and weightie causes interveine, be advertisement of the Elderschip of Edinburgh and Ministers of his Majestie’s house.