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 professt enemie 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 giuen to 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.