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Title: The Booke of the Universall Kirk of Scotland - Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained.
Author: Various
Language: English
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OF SCOTLAND ***
TRANSCRIBER’S NOTE
This book was published in 1839 and was compiled from manuscripts
and printed records from 1560 to 1616 regarding the early history
of the Reformed Church in Scotland. The language was ‘Middle Scots’
and the spelling was not at all consistent, but it was a careful
reproduction of the source records. This etext maintains that
integrity and no spelling changes have been made to the 1839 text.
During this period (1560 to 1616) documents used the Julian calendar
for dates, where the new year did not begin until March 25th. In this
book dates on some documents before that date show both the Julian
year, and the Gregorian year in ( ), for example the Twenty-Seventh
General Assembly was held on ‘the 6th of March 1572(3)’.
The yogh character ȝ appears occasionally, though more often z is
used in its place, which was a common printing practice at that time.
The text for example has both ȝit and zit (yet), failȝie and failzie
(failure or default), ȝeirlie and zeirlie (yearly), ȝouth and zouth
(youth).
The character ł (letter l with stroke) is used on page 119.
Italic text is denoted by _underscores_.
A superscript is denoted by ^x or ^{xx}, for example y^e or 1^{ma}.
Footnote anchors are denoted by [number], and the footnotes have been
placed at the end of the book.
There are six ‘thought breaks’ in this etext, indicated by a line of
five asterisks, not to be confused with missing text asterisks present
in the original text of the book (see below).
Where the text had blank space, the etext inserts {blank space}.
Where the text had multiple spaced dots (eg . . . . .) to indicate
missing text, the etext inserts ... (an ellipsis). There were no
ellipses in the original text.
Where the text had three or more asterisks (eg * * *) to indicate
missing text, the etext inserts {missing text indicated by asterisks}.
Where the text had a phrase marked by the editor, in brackets [ ], the
etext leaves that unchanged. Footnote [14] explains the reason for
these [notations].
Some other minor changes to the text are noted at the end of the book.
THE BOOKE
OF THE
UNIVERSALL KIRK OF SCOTLAND.
THE BOOKE
OF THE
UNIVERSALL KIRK OF SCOTLAND:
WHEREIN
THE HEADIS AND CONCLUSIONIS
DEVYSIT BE THE MINISTERS AND COMMISSIONARIS OF THE
PARTICULAR KIRKS THEREOF, ARE SPECIALLY
EXPRESSED AND CONTAINED.
EDITED BY
ALEXANDER PETERKIN, ESQ.
LATE SHERIFF-SUBSTITUTE OF ORKNEY.
EDINBURGH:
THE EDINBURGH PRINTING AND PUBLISHING CO.;
AND WILLIAM BLACKWOOD AND SONS.
GLASGOW: J. SMITH & SON; AND MAURICE OGLE. PERTH: JAMES DEWAR.
ABERDEEN: A. BROWN & CO.; G. CLARK & SON; AND L. SMITH.
LONDON: SMITH, ELDER, AND CO.
M.DCCC.XXXIX.
EDINBURGH PRINTING COMPANY.
PREFACE.
“BOOKE OF THE UNIVERSALL KIRK.”
The printing of this, the earliest Record of the Reformed Church in
Scotland, has now reached a period in the history of that Church,
which renders it fitting that this impression should be accompanied
with a more precise statement than has yet been given of its
character and its fate.
For many years past, Dr Lee, Principal Clerk of the General Assembly,
made strenuous, but ineffectual, exertions, to recover for the
Church, the original Record of the period extending from 1560 to
1616. That Record, which is known to historians by the title of the
“Booke of the Universall Kirk,” had been surreptitiously purloined,
and found its way into the hands of the Trustees of Sion College,
in London; and although hopes were latterly entertained that their
restoration to the Church might be effected, these hopes are now
at an end. During the investigations which were instituted by a
Committee of the House of Commons, on the subject of Church Patronage
in Scotland, in the year 1834, three volumes of the Record were
produced by the official custodier of them, for the consideration of
that Committee. Their authenticity was established by the testimony
of Dr Lee, and other competent judges; and the Committee having
suspended its investigations, and made a report of the evidence
which it had obtained, these Books were left in the keeping of the
clerks, and perished in the great conflagration by which the Houses
of Parliament were consumed, on the 16th of October 1834.
Such is briefly the history of the valuable Record of which these
pages contain many of the earlier Acts and proceedings in the Church
of Scotland.
It is natural to suppose, that, during the first century of its
existence, the political and ecclesiastical revolutions which
took place in Scotland subsequently to the year 1560, the Records
of the Church could not escape unscathed amid the turmoils of
conflicting factions in Church and State. It appears from the MS.
_Abbreviates_[1] still extant, that, betwixt the years 1580 and
1587, the earlier portions of the General Assembly’s Registers,
filling five volumes, had passed into the hands of Adamson, Bishop
of St Andrews, and had suffered mutilation (were “mankit”) by him,
or, as has been alleged, by his Royal Master, King James VI., in
order to destroy the proofs of submission by certain Prelates to
the jurisdiction of the General Assembly. During a certain space,
however, it is proved that they were not in possession of the Church
or its Officers; and when, in the years 1586 and 1587, the custody
of the Books was reclaimed by the Assembly, they were allowed by
the King’s Commissioner to be exhibited to that Judicatory,--but
with a proviso, that at the close of each sederunt, they were to
be redelivered to the Lord Privy Seal.[2] There is no satisfactory
evidence known to us with respect to the custody of these Books
during the space which elapsed till the year 1638, when they were
again recovered by the Presbyterian Church--fully authenticated--and
once more restored to the custody of the Clerk of Assembly as the
legitimate custodier.[3]
The subsequent history of these volumes--the best, perhaps, that
can now be given--is to be found in a “Statement” concerning them,
drawn up by Dr John Lee, the present Clerk of the General Assembly,
in 1828, and printed in 1829, with the view of effecting the recovery
of these Registers from the Trustees of Sion College, who, as already
stated, had obtained possession of them. Dr Lee having kindly
communicated a copy of that “Statement,” we gladly avail ourselves of
the opportunity of embodying it entire on this occasion.
“STATEMENT concerning three Volumes of the Earliest Records of the
Church of Scotland, now deposited in Sion College, London.
“A few years ago, a Committee of the General Assembly of the
Church of Scotland was appointed for the purpose of collecting
and recovering the various Manuscripts, connected with their
Ecclesiastical Establishment; and, among other objects to which this
Committee were desired to direct their attention, they were specially
instructed to print the ancient Record, entitled, ‘The Book of the
Universal Kirk of Scotland.’
“It has been discovered that this Book, extending to three volumes,
is extant in the Library of Sion College, London. But after much
correspondence, and repeated applications, not only do the Governors
of the College refuse to restore the volumes upon any terms, but even
to permit a copy of the work to be taken, or allow a collation with
the partial _Abbreviates_ of it preserved in Scotland; the College
stating, that they would not be justified in so doing, under the Deed
of Trust by which the possession of these volumes was acquired by the
College.
“There is no difficulty in proving that the volumes in question were
laid on the table of the General Assembly which met at Glasgow in
1638; and that they were pronounced by that Assembly to be true and
authentic Registers of the Kirk of Scotland. The reasons proving
their authenticity are inserted in the manuscript journals of that
Assembly, and also, in a very satisfactory form, in the printed Acts
of the General Assembly of the Church of Scotland, of that year.
The descriptions are so minute as to establish the identity of all
the volumes which are still extant. The attestation of the Clerk is
superscribed at the beginning, and subjoined to the end of the first
volume, in these words:--‘This is the great Volume aprovin be the
General Assemblee at Glascow, in November, 1638. A. Jhonston, Cl^s.
Eccl.’ The autograph of this Clerk is to be seen on various documents
in possession of the General Assembly, and particularly on the copy
of the printed Acts of the Assembly of 1638, in the custody of the
present Clerk. The other volumes have the well known signature of a
Clerk, named ‘Thomas Nicolson.’
“It is understood, that, in 1649, the Books were transferred to
the charge of Mr Andrew Ker, Clerk of the Assembly; and that, in
1652, most, if not the whole, of the originals were for some time
entrusted to Lord Balcarras. During the troubles of the succeeding
period they were concealed in the house of a private individual till
the year 1677, when they were put into the hands of Bishop Paterson
(of Edinburgh), who retained them till after the Revolution. The
account of their discovery and subsequent fate may be seen in Keith’s
History of the Church and State of Scotland; but it appears from a
paper preserved in the Advocates’ Library in Edinburgh, and published
in the Appendix to Dr M‘Crie’s Lives of William Veitch and George
Brysson, that Keith’s narrative is not altogether correct in every
particular.
“After the Revolution some of the volumes and papers were delivered
up to a son of the former Clerk, Mr Secretary Jhonston, who lent
some of them to his cousin, Bishop Burnet, and others to Mr George
Ridpath, who, about that time, undertook to write a history of
Scottish affairs. Three volumes fell into the hands of a person whose
grandfather had been the intimate friend of Sir Archibald Johnston,
and had, like him, been executed as a traitor. This person was the
Honourable and Reverend Archibald Campbell, grandson of the Marquis
of Argyle, and son of Lord Neil Campbell. Mr Campbell was several
years known as an Episcopalian Clergyman, and subsequently as one of
the non-juring Bishops in Scotland. During the latter part of his
life he resided chiefly in England, without being in communion with
the Church of England, and without maintaining any intercourse with
the Episcopalian body in Scotland, to which he had been originally
attached.
“About the year 1733, a correspondence was opened between him and
Mr William Grant, Procurator and Clerk of the Church of Scotland
(afterwards Lord Prestongrange), on the subject of the records in Mr
Campbell’s possession. Mr Campbell offered to surrender these records
on certain terms, which did not appear to Mr Grant to be reasonable
or equitable. He demanded a large sum of money for the restitution of
the volumes to which he never had acquired any right of property, and
even this sum he would not accept till the Books had been published,
as was proposed, under his superintendence, on the understanding that
no member of the Church of Scotland was to be suffered to revise the
sheets as they passed through the press.
“It could scarcely be expected that these and other humiliating
conditions would be acceded to without hesitation; and while the
negotiation was still in progress, Mr Campbell, as he had sometimes
threatened to do, took a step which was intended to put the Books for
ever beyond the reach of the Church of Scotland, by entering into
a deed of trust or covenant with the President and Fellows of Sion
College, the terms of which do not appear to be accurately known to
any member of the Church of Scotland, but the effect of which has
undoubtedly been to detain these Records from their lawful owners for
nearly a century past.
“It is unnecessary to add, that the hardship is deeply felt by
all the members of the Church of Scotland, who are aware of
the importance of these Books, not merely as the only sure and
satisfactory memorials of the course of Ecclesiastical affairs in the
times immediately succeeding the Reformation, but also because they
are capable of shedding additional light on a most interesting and
instructive portion of our Civil history.
“In these circumstances, the General Assembly have deemed it
necessary, as a last resource, to make an application to Parliament
by petition, in the hope that some means may be devised by the wisdom
of the Legislature, for relieving the Members of Sion College from
the restraint under which they feel themselves, and enabling them
to do that which they must, as an act of justice, wish to do,--to
restore to the Church of Scotland these ancient Records, which,
however acquired by the College, the Church of Scotland still
consider to be their own property.
“JOHN LEE, Cl. Eccl. Scot.
“55, PARLIAMENT STREET, WESTMINSTER,
_June 20_, 1828.”
The authenticity and authority of “The Booke,” as now for the first
time fully printed from the copies in the Advocates’ Library, (so
far as it exists in a continuous and connected form,) becomes,
since the originals are lost, a subject of grave inquiry. It is
our purpose, in the Notes and Illustrations to be appended to the
present Edition, to collect and point out all the evidence attainable
on this point--to supply from other sources the portions which are
wanting in the text--and to note any seeming discrepancies among
the several transcripts and Abbreviates. This must necessarily be
a work of careful research and considerable labour; requiring some
time for its accomplishment. In the meanwhile, however, we may state
briefly some of the leading evidences of authenticity on which we
rely, in concluding, that what is now printed possesses a character
of authenticity.
1. The Acts of Assembly, 1638, and subsequent years, (which are of
unquestioned authenticity,) approve of, reiterate, and re-enact many
of the most important statutes contained in the old Registers, which
those Assemblies had in their possession; and these, as re-enacted,
coincide, so far as they go, with the terms of the original Acts as
now printed.[4]
2. In Collier’s Ecclesiastical History of Great Britain, we find
a most important corroboration to the same effect. He was a
contemporary of Archibald Campbell, already referred to, and had
access to the original Registers recently burnt, as appears from
numerous marginal references to and quotations from them. Thus (vol.
ii. p. 700) he refers to “MS. Acts of the Assembly, _penes_ Mr
Archibald Campbell, Armig.;” and there are very many other references
to the same MS. record,[5] as the source whence he derived numerous
Acts and documents embodied in his work. These, too, substantially
and closely, coincide with the text as now published.
3. Archbishop Spottiswood, in his History, (and he had full access to
the original records,) in like manner transfers many extracts to his
pages.
4. Bishop Keith, in his History of the Church and State in Scotland,
incorporates a great portion of the “Booke,” during the first seven
years of the existence of the Reformed Church--all agreeing (except
trifling variations in orthography) with the extant MS. Abbreviates;
and Knox’s History coincides substantially with Keith’s.
5. But David Calderwood, who had full access to the Registers, in
his larger History and Collections, (MS.) gives the most ample
transcripts from the originals that are any where to be found; and
he further supplies many particulars from those Registers which the
Abbreviates do not contain, but which are of material importance to
the elucidation of the proceedings in the Assemblies of the Church.
6. Petrie, in his History of the Church (Universal) from 600 to 1600,
embodies a very great portion of the Booke of the Kirk from the first
Assembly downwards; and he refers expressly, as his authority for so
doing, to “An _Extract_ of the Acts of the Nationall Assemblies,” (p.
242,)--the Acts, which he embodies very copiously, being identical in
all respects with those in the present Edition. The copy of his work
now before us was printed at the Hague in 1662, immediately after
the Restoration of Charles II.;--Petrie being “Minister of the Scots
Congregation at Rotterdam,” when his History was published. That work
is one of the most conclusive vouchers of the authenticity of the
“Booke,”--his transcripts being given from an Extract, authenticated,
of course, by the Clerk of Assembly.
We have thus, what is next to the best evidence (viz. the Registers
themselves) in support of the authenticity of our publication--the
concurrent testimony of three Episcopalian and two Presbyterian
Historians, in proof of the general fidelity of the transcripts
which remain; and the force of such evidence is strengthened by
the consideration, that all their works were published while the
originals were yet in existence, and could have been resorted to for
the correction of any errors, whether wilful or accidental.
In justice to the Church of Scotland and to Dr Lee, the Editor of
this publication feels himself called on to add such particulars with
regard to the attempts made for the recovery of the Registers, as are
to be found in the recent Acts of the General Assembly, within the
last twenty years. Without pretending to enter into any detail of the
great and zealous exertions of Dr Lee for the recovery of our Church
Records, (exertions for which it owes him a deep debt of gratitude,)
we shall merely note a few of the Minutes of the Assembly referable
to this matter since the year 1820.
At the Assembly of that year, the “Report of the Committee upon the
Manuscripts belonging to the Church [was] called for, which was given
in at great length by Dr Lee, Convener of the said Committee. The
Assembly highly approve of the Report, and of the zeal and diligence
of the Committee. They renewed the appointment of the Committee,
and recommended to their attention the written Report now laid upon
the Assembly’s table.”--“Upon a motion, the unanimous thanks of the
Assembly were given from the chair to Dr Lee, for the extraordinary
labour to which he had submitted in prosecuting the inquiries of the
Committee.”
The year following a similar approval took place; and in 1822, the
Assembly “renewed the appointment of the Committee, and direct them
to continue their labours; and in particular, they authorised them
to continue their correspondence with the members of Sion College,
respecting access to certain manuscripts in the said College,
formerly belonging to the Church; and they direct the Moderator
to convey to the Lord Bishop of London an expression of the sense
which they entertain of his Lordship’s polite attention to the
communication made to him by the Committee on this subject.”
At the Assembly of 1823, the Committee was approved and renewed; “and
the Assembly instructed the Committee to get printed what is usually
called ‘The Book of the Universal Kirk,’ if they shall find, upon
inquiry, it can be done without encroaching upon the funds of the
Church.”
Passing over some of the intermediate years, we find in the Acts of
1828, that the Report of the Committee on the MSS. of the Church
was called for, and given in by Dr Lee, the convener. “The Assembly
approve of the Report, and re-appoint the Committee. It was moved,
seconded, and unanimously agreed to, that with a view to the recovery
of the ancient Records of this Church, which have long been deposited
in Sion College, London, a Petition be presented to both Houses of
Parliament, stating the claims of the Church to the property of these
volumes, and praying that, in the wisdom of Parliament, some means
may be devised, of securing either the restitution of the originals,
or at least a complete and authenticated transcript of the whole. The
draft of a Petition having been produced, was approved, and ordered
to be extended, subscribed by the Moderator, and sealed with the seal
of the Church,” &c.
In 1829, “it was moved, seconded, and unanimously agreed to, that,
in addition to the former Committee, which is hereby renewed, the
Assembly appoint a small Committee, to watch over and prosecute the
very important object of recovering the interesting record, entitled
‘The Buik of the Universall Kirk of Scotland,’ and to take what
steps they may find necessary for this purpose. It was also moved,
seconded, and unanimously agreed to, that the Moderator be instructed
to return the thanks of the General Assembly to Dr Lee, for the great
and unwearied zeal, attention, and exertions which he has bestowed on
the subject of the MSS. of the Church, and in regard to the claims
made for the Records in Sion College.”
In 1833, the Committee was renewed, “with instructions to use
their best endeavours to find accommodation for the Books and MSS.
belonging to the Church under the roof of St Giles’s Church, if
possible; and to use all diligence to recover the Records in Sion
College.” And in the Assembly of 1834, Dr Lee, as convener, on
giving in its Report, stated, “That there is now a near prospect of
obtaining the restitution of the three volumes of the early records
of the Church, which have long been deposited in the library of Sion
College.”
Only a few days previously to this favourable report being made,
(viz. May 2, 1834,) the Assistant Librarian of Sion College, who had
been summoned by a Committee of the House of Commons, appeared before
it, and was ordered to produce the Books. On the 5th he produced
them--Dr Lee, Principal Macfarlan, and others, having previously, in
April, inspected and borne evidence to their authenticity.[6] They
were burnt on the 16th of October following.
It were idle now to indulge in unavailing regrets and reflections on
this unfortunate result; and the present attempt is made, in as far
as that is possible, to repair the loss which has thus been sustained
by the Church and the country. We take the liberty of deducing a
practical inference from this calamity--that no time should be lost
in securing for the remaining Records of the Church a place of safe
deposit. This surely is attainable in the metropolis of Scotland;
and we trust it will be one of the first acts of the ensuing General
Assembly, to adopt the requisite measures for this purpose, and to
order the List of MSS. in the repositories of the Church (which was
given in by Dr Lee some years ago) to be printed, for the information
of all its members, before the Assembly be dissolved.
We cannot conclude these notices more appropriately than by
transcribing the following testimony, borne by Dr Lee to two
distinguished Prelates of the Church of England, in connexion with
this subject, and subjoining an extract from one of his admirable
Reports:
“The late Bishop of London, now Archbishop of Canterbury, and the
present Bishop of London, through whom I made many applications,
did all that was in their power to forward the object; and if their
advice had been promptly followed by the College, we would have had
the Books in our possession ten years ago. Indeed, the conduct of
these Prelates reflected on them the highest honour.”
* * * * *
In concluding his Report to the Assembly in May 1820, in reference to
these ancient Registers of the Church, Dr Lee thus remarks--
“They exhibit the real character of the internal government of
this national church. They display the operation of the principles
by which the first Reformers and their immediate successors
were actuated. They demonstrate that these men were not more
distinguished by zeal for truth, than by loyalty to the head of
the government, attachment to true principles, (I do not say of
toleration--for that was a term which they certainly did not
employ or approve)--of religious liberty and civil subordination.
They bear testimony to the strictness and impartiality of ancient
discipline. They vindicate the character of those illustrious men
whose names have been unjustly aspersed, but who, both by their
doctrines and their lives,--by their unwearied exertions and their
patient sufferings,--left an example, not indeed of faultless
excellence, but assuredly of the most noble, magnanimous, and
fearless adherence to the standards of our constitution.
“These Registers also contain much that is capable of correcting
erroneous representations of historical facts with regard to the
internal state of the kingdom--the institutions, habits, and
customs, as well as the morals of the people, and the spirit which
was most prevalent at particular periods in various districts of
the land. They prove, beyond all controversy, that our Reformers,
instead of having been at first actuated by an unrestrained spirit
of innovation, were rather, in some respects, disposed to retain
too much than to reject too much of the practices of the church
from which they had separated, and that this very circumstance
prevented them from ever attaining that independence at which
they aimed. At the same time, they prove, that from the very
first moment, it was the determined object of the leaders of the
Reformation, to establish such a Presbyterian Government, as was at
last, with the utmost difficulty, completed;--and that even when
the name of bishop was introduced, the persons holding that title
sat in the General and Provincial Assemblies in no higher rank than
the humblest presbyter, and in the Kirk-Sessions were named after
the parochial minister, under the designation of elder.
“In addition to all this it may be stated, that, though these
documents were less productive of instruction than they are, they
well deserve to be preserved with care, as the most venerable
remnants of a distant age--as the earliest annals of our infant
church, as the (almost sacred) relics--not of canonized saints
indeed--but of confessors and martyrs, who counted not their lives
dear to them; and who, when they thought it necessary, never shrunk
from sealing their testimony with their blood. And if I am again
asked--What is the use of attending to these perishing monuments
of a period of little refinement?--I have only to answer, that
with all my antiquarian propensities, and all my admiration of
what is great and magnificent in the works of art, and all my
reprobation of the violence which impelled some of our Reformers to
demolish the solemn temples which they considered as the shrines of
idolatry, and the receptacles of antichristian intruders,--I would
much rather share in the disgrace of these acts of violation, than
destroy or deface one shred or fragment of these frail memorials
of despised and almost forgotten worth, which bear the impress of
zeal for piety and learning, loyalty and patriotism, liberty and
truth,--and which more conspicuously than even the uplifted banner
of the Covenant, present the seal and superscription of glory to
God, and good will to man--peace to the church, and happiness to
the state.”
THE BOOKE
OF THE
UNIVERSALL KIRK OF SCOTLAND:
WHERIN
THE HEADS AND CONCLUSIONS
DEVYSIT BE THE MINISTERS AND COMMISSIONARIS OF THE PARTICULAR KIRKS
THEREOF ARE SPECIALLY EXPRESSED AND CONTAINED.
[FIRST GENERAL ASSEMBLY.]
The Names of the Ministers and Commissioners of the particular
Kirkes of Scotland, conveened to consult upon these things,
q^{lks} are to set forward God’s Glory and the well of his Kirk
in this Realme, in Edinburgh, the twenty day of December one
thousand ffyve hundred and sixty years.
John Knox, minister, James Barone, and Edward Houp, Commissioners
for Edinburgh;
Christopher Guidman, minister, David Spens, and Mr Robert Kynpont,
for Saint Andrews;
Master Johne Rowe, minister, for the Towne of Perth and Kirke
thereof;
William Darroch and William Norwell for the Towne of Striviling and
Kirk thereof;
Charles Drummond, Provest, James Wotherspoone, and Andrew Milne,
for Linlithgow;
Hew Wallace of Carnall, Johne Fullartone of Dreghorne, and
Charles Campbell of Sheldome, for the Kirks of Kyle;
George Hoome of Spott for the Kirks of East Lowthiane;
David Lindsay, minister, Andrew Lambe, and Patrik Boyman, for Leith;
Williame Harlaw, minister, and Robert Fernelay of Braid, for St
Cuthbert’s Kirk;
Williame Christiesone, minister, George Lovell, and Williame
Carmichael, for Dundie;
Alexander Guthrie of Halkartoune, and Williame Durhame of Grainge,
for Forfar;
John Eskine of Dunne and Andrew Milne for Montrose;
The Laird of Tullyvaird and Fethercairne for the Kirks of Merns;
The Laird of Gairlies, Younger, for the Kirks of Nithsdaile;
Mr David Weyms for the Kirk of Carnbie;
Mr Walter Balfoure for the Kirk of Lintone;
Johne Browne, Thomas Boyd, and James Polwart, for Torphichen;
William Lambe, Williame Benole, for Dunbar;
Jame Douglas, James More, for Calder Comites;
Mr Robert Wynrhame for Ratho;
Johne Kincaid for Kirklistoune.
The Names of them quhilks the Ministers and Commissioners thinks
most qualified for the ministring of the Word of God and
Sacraments, and reading of the Commoun Prayers publicklie in
all Kirks and Congregations, and given up be theme every one
within their own bounds.
In Kyle, for Reading,
Rankene Davidsone, Richard Bannatyne, Robert Campbell, Hew
Wallace, Andraw Lokhart, Andraw Chalmer, James Dalrymple, Adame
Landals, all Readers; and Johne Chalmer, appointed to teache.
In Saint Andrews, for Ministring and Teaching,
Master Johne Rutherford, Williame Ramsay, James Wilkie, Robert
Hammiltoune, Patrik Coustaine, William Rynde, Williame Skeene,
Archibald Hammiltoune, Alexander Arbuthnet, James Kirkaldie,
David Collase, Williame Scott, David Weymes, Thomas Buchanan,
David Spense, Robert Pont, Johne Wynrhame of Kirkness,
Alexander Spense, Johne Woode, David Guild, and Robert
Patersone.
Uthers q^{lk} are thoght apt and able, be the Ministers and
Commissioners foresaid, to Minister:--
Johne Erskine of Dunne, Johne Fullartoune of Kynnabie, David
Forres, Patrik Kinmonth, Mr James Melvill, Richard Melvill,
Mr Johne Kellow, Robert Montgomrie, Johne Hepburne, Thomas
Hepburne, George Hepburne, and William Lambe, Mr Johne Ramsay,
presentit be Sir Johne Borthwik, as Ministers for the Kirks of
Aberdour and Torrie.
21st December 1560.
The Ministers and Commissioners forsaids being assembled,--Finds that
the Ministrie of the Word and Sacraments of God, and assemblie of the
people of the haill parochine of Restalrig, be within the Kirk of
Leith; and that the Kirk of Restalrig, as monument of Idolatry, be
razed and utterly casten downe and destroyed.
The questione being proponed anent marriage in second and uther
degrees of consanguinitie, forbidden be the Pope to be solemnizat
betwixt parties,--It is found, that, of the Law of God, mariage may
be solemnizat betwixt parties, being of second, third, and fourth
Degrees of Affinitie or Consanguinitie, and uthere sick as are not
prohibited expresslie be the Word; and, therefore, to desyre the
Lords and Estates to interpone their authoritie, approve the same,
and make Laws thereupon.
27th December 1560.
The Kirk appointed the Election of the Minister, Elders, and Deacons,
to be in the publick Kirk, and the Præmonition to be upon the Sonday
preceeding the day of electione.
The Kirk appointed that, to the punishment of fornication, the Law
of God be observed, publick repentance to be made be them that shall
use carnall copulatione betwixt the Promise and Solemnization of the
mariage.
That all such as hes been in the ministrie of the Paip’s Kirk, good
and well conditioned persons, that they shall live upon the almes of
the Kirk with the number of the Poore.
Consented be the Kirk, that none be put in judiciall offices to be
Magistrates, as Provist, Baillies, and Officers of Towns, exceptand
them who are knowne to be plain and true Professors of the Evangell.
It is also thought expedient, that earnest supplication be made to
the Estates of this Realme in Parliament, and to the Lords of Secret
Councill, that all judges ordinary, and officers judiciall, sick as
the Lords of Secret Councill, Sheriffis, Stewarts, Baillies, and
uthers Judges, be Professours of the Treuth, of the trew Word of God;
and all Ministers thereof to be removet from sick offices, according
to the Civill Law.
To ask at the Estates of Parliament and Lords of Secret Councill,
for eschewing of the Wrath and Indignatione of the Eternall God, and
removeing of the Plagues threatned in his Law, that sharp punishment
be made upon the Persones underwrittin, and uthers Idolaters and
Maintainers thereof, in contempt of God, his true Religioun, and
also of Parliament, whilk sayes and causes Masse to be said, and are
present thereat, within the places following:--
In NITHESDALE and GALLOWAY,
The Pryor of Whittorne and his Servants in Cruightoune;
The Laird of Carswell in Carswell;
The Laird of Carleil;
The Laird of Kirnichael, who causes Masse dayly to be said and
Images to be holdin up, and Idolatrie to be maintained within his
Bounds.
In FYFE,
The Laird of Balwerie and Lathrisk; Mr Johne Scrymgeour’s wife.
In KYLE, CARRICK, and CUNNINGHAME,
The Erles of Eglintoune and Cassills; William Hamilton of Cambus
Keith; the Abbot of Corsraguell; the Parochiners of Mayboll,
Gariane, Oswald, and Divley, within the whilk kirks Masse is openly
said and maintained.
In EAST LOUTHIANE,
Johne Carbettle in Margill causses Masse daylie to be said; the old
Ladie Hoome in Thornetoune; the Curat of Currie for abuseing the
Sacraments.
In the FORREST of ETRICK,
The Goodman of Gallowschields, who not only causes Masse to be
said, but also maintains the sayers thereof, who are Enemies to God
and his Truth, and therefore were exylit out of Edinburgh.
The Kirks conveened continows this their Assembly till the 15th
day of Januarie nixt to come, and hes thought expedient that the
said day ane commissioner at the leist be sent for every kirk, for
requireing of such things of the Parliament as shall be thoght for
the well of the holy Kirk; and every Commissioner present permitts
to come themselves, or cause some others frae the Kirk the said
day to the Burgh of Edinburgh, to the effect foresaid; and ordains
every Commissioner, alswell of towns as of paroch kirks to landward,
to bring ane roll with them of the haill teynds, lands, anwalls,
profeits and emoluments of the paroch kirks nixt adjacent to them,
and what persons hes tacks thereof, to whom the samen pertains, and
their names to be speciallie named, and what dewtie they pay for the
samen.
[SECOND GENERAL ASSEMBLY.]
Att Edinburgh, the 27th of May 1561.
The whole Kirk, conveened in the Tolbooth of Edinburgh, hes decerned
and thought good, that ane humble Complaint be made and givin in, in
their names, touching the suppressing of Idolatrie, and uther points
after following, to the Lords of Secret Councill.
In the First, For suppressing of Idolatrie throughout the whole
Realme, and punishing of the Users thereof, Maintainers of the samen,
Haunters and Frequenters therto.
_Item_, For maintaining ane speciall provisione to be made for
superintendents, and disobeyers of them.
_Item_, For ordour to be taken anent the Abusers of the Sacraments,
and Contemners of the samen.
_Item_, That no Letters of the Sessioune be givin to answer or pay
to any persone their Teynds, without speciall provisione that the
Parochiners retain sae meikle in their hands as is appointed to the
Minister; and that all sick as are else givin, be callit in and
discharged, and likewayes that no Shreffs give precepts to that
effect.
_Item_, That the Sessioune nor no uther Judges proceed upon sick
precepts or warnings past at the instance of them that hes obtained
Fewes of lait, of Vicarages, Persons’ Manses, and Kirk-yards.
_Item_, That no Letters take place whill the Stipends, contained
in the Book of Discipline for the sustentation of the Ministers,
be first consigned in the hands at least of the principall of the
Parochiners.
_Item_, For ordour to be taken upon the punishment of such as
purchases, brings hame, and executes within this Realme, the Pope’s
Bulls.
28th May 1561.
The Kirk conveened; after they heard the Supplication and Articles
foresaid, being put in forme, read in the presens, at lenth advysed
therwith,--ordained the samine to be presented to the Secret
Councill; and for presenting thereof and obtaining of Answers therto,
nominat and ordained thir Brethren after mentioned to wait theron,
viz. The Maister of Lindsay, the Laird of Ferniehirst elder, Thomas
Menzies, Proveist of Aberdeen, the Laird of Lochinvar, the Laird of
Whittinghame, and George Lovell, Burgess of Dundie.
Upon the whilk Supplication, Articles, and sute thereoff, was granted
and followit be the Lords of Secreit Counsell, ane Act and Ordinance
therupon, with Letters thereupon, answering to every Head of the said
Articles and Supplication at length specified in the Act of Secreit
Counsell made therupon, whilk is to be had in the hands of Johne
Johnstoun, Scrybe therof, and Supplication past therupon.
May 29, 1561.
The whilk day, touching the sclander taken be the horrible fault
and impietie committed within this burgh under silence of night be
Marquies Dalbuife and his Colleagues, in breaking up of Cuthbert
Ramsay his ʒetts and doors, and searching and seeking of his daughter
in Law to oppress her, as appeared: It is thought good be the whole
Kirk that ane Supplicatione be made and given in to the Queen’s
Majestie, in name of the Professors of the Evangell, and the persons
before nominat present the samen, to seek the answer thereof: the
forme of the Supplication followeth:--
To the Q. Majestie, her Secret and Great Councill, her G.
faithful and obedient subjects, Professors of Christ Jesus his
holy Evangell, wishes the Spirit of Righteousness and Judgement.
The fear of God conceaved of his holy word, the naturall and
unfained Love we bear unto your G. the dewtie quhilk we owe unto our
Countrey, and terrible threatenings quhilk our God pronunces against
every realme and citie in the quhilks horrible crimes are openly
committed, and then be the Committers obstinatly defended, compel us,
an great part of your subjects, humbly to crave of your G. upright
and trew Judgement against sick persones as hes done what in them
lyes to kindle God’s wrath against this realme. The impietie be them
committed is so hainous and so horrible, that as it was a fact most
vyle and rare to be heard of within this realme, principallie within
the bounds of citie, so should we think ourselves guiltie of the
samen if negligently, or yet for worldly fear, we pass it over with
silence, and therefore your Grace may not think that we require any
thing. All that we crave, open malefactors condignly to be punished,
But that whilk God hes commanded us to crave, and has also commanded
your G. to give to every one of your subjects; ffor be this Link hes
God knitt together the Prince and the people, That as he commands
honor, fear, and obedience to be given to the Powers established be
him, so does he in express words command and declare what thing the
Prince aught unto the subjects, To witt, that as he is the Minister
of God his word, bearing the Sword for vengeance to be taken on evil
doers, and for the defence of peaceable and quiet men, swa ought he
to draw the samen without all partialitie swa oft as in God his name
he is required thereto. Seeing so it is, Madame, that this crime so
recently committed, and that in the eyes of your haill realme now
presently assembled, is so hainous, ffor who heretofore hath heard
within the bounds of Edinburgh, ʒetts and houses under silence of
night bruised up, houses ryped, and that with hostilitie seeking ane
woman, as appeared, to oppress her:--Seeing, we say, this crime is
so hainous, That all godlie men fear not only God’s sair displeasure
to fall upon you and your whole realme, But also that sick libertie
breed contempt, and in the end seditione, if remeed in tyme be not
goodlie provyded, quhilk in our Judgement is possible, if severe
punishment be not execute for the cryme committed. Therefore, we
most humbly beseech your Grace that, all affection laid aside, ye
declare yourselfe so upright in this case that ye may give evident
demonstratione to all your subjects, that the fear of God, joyned
with the love of common tranquillitie, have principall seat and
dominion in your Grace’s heart. This further, Madam, of conscience
we speak, that as your G. in God his name does crave of us obedience,
quhilk to render in all things lawful we are most willing, swa in the
samen name doe we, the whole Professors of Christ’s Evangell within
this realme, crave of you and of your Councill sharp punishment of
this cryme, and for performance thereof, that, without all delay,
the principall actor of this most hainous cryme, and the persewars
of this pretended villanie may be called before the Chief Justice of
this realme to suffer ane assyse, and to be punished according to the
Lawes of the samen, and your G. answer we most humbly beseek.
[THIRD GENERAL ASSEMBLY.]
The Convention of the Kirk of Scotland, gathered in Edinburgh
the penult day of Junij 1562, in the quhilk were present the
Superintendants, Ministers, and Commissioners underwritten:--
_Superintendents_,
Mrs Johne Spottiswood of Louthiane, Johne Wynrhame of Fyfe, Johne
Willock of Glasgow, Johne Erskine of Dun of Angus, Johne Carswell
of Argyle.
_Ministers and Commissioners_,
Johne Knox, Minister of Edinburgh, James Barrone and Edward Hope,
Commissionars;
James Yong, Mr David Lindsay, Minister at Leith, Patrick Cockburne,
and Johne Browne, Commissioners;
Mr Johne Craig, Minister at Halierudehouse, Johne Hart and Williame
Oswald, Commissioners;
Williame Harlaw, Minister of St Cuthbert’s Kirk;
Johne Burne, Minister of Mussilburgh;
Mr Thomas Cranstoune, Minister at Tranent;
Alexander Forrester, Minister at Libbertoune;
Mr George Furde, Minister at Dunnune;
Mr David Weymis, Minister of Ratho;
David Cunninghame, Minister of Lanarick;
James Walker, Minister of Steinstoun;
Christopher Goodman, Minister at St Andrews;
Mr George Leslie, Minister at Strathmiglow;
Richard Melvill, Minister at Inchbraok and Maritoun;
Johne Douglas of Pumfrestoun, and Johne Douglas in Howden,
Commissioners of the Kirk of Calder;
The Laird of Spott, Commissioner for Dunbar and diverse in the Mers;
James Fleyming, Elder and Commissioner of Glasgow;
The Laird of Lye, Commissioner of Lanerick;
The Laird of Barre, Commissioner of Kyle;
Johne Cathcart of Cariltoun, Commissioner of Carrick;
Mr Robert Pont, Elder and Commissioner of St Andrews;
Thomas Scott of Hayning, Commissioner of Selkraig and Melros.
The quhilk day the fornameit convenit in Mr Hendrie Lawe’s House, and
after prayer the Heids and Articles following were treated:--
That Unitie of Doctrine may be retained among the Ministers.
That errors may be avoided, that manners may be reformed, vyce
punished without exception of persons, and so that vertew and
knowledge may be universallie planted through this realme.
Because the Lives of Ministers aught to be sick as thereby uthers
may be provocked to Godliness, It becomes them first to be tryed,
and therefore after the tryell of the Superintendants, if any man
have to accuse them in life, doctrine, or execution of their office,
The Elders of every Kirk most be charged in God’s behalfe to declare
their conscience of their Minister, touching their doctrine, life,
manners, and conversatione: if any be accused and convict of any
notable cryme, he must be subject to the censure of the Kirk, and
suffer punishment and admonition, as they shall pronounce.
After the Ministers, the Elders of every Kirk must be tryed, if any
hes to lay to the charge of any of them, the accused, whether he be
Minister or Elder, aught to remove out of the Assemblie whill his
cause be tryed: if he be convict, he can have no voit whill the Kirk
receive satisfactione.
After tryall be taken of the haill, then must every Superintendant,
with the Ministers and Elders within his Diocie, expone to the Kirk
the estate of the Kirk amang them, note the offences and crymes
that they know, to the end that the haill may advise some wholsome
remead, or at least make supplication to the superiour powers for the
samen; and lest that confusione should happen through rashness and
hastiness, lotts would be casten what Diocie should first be heard,
what secondlie, and swa furth of the rest.
That no Minister leave his flock for coming to the Assemblie except
he have complaints to make, or else be complained on, or at the least
be warned thereto be the Superintendant.
The Second Assembly, holden the last day of Junii 1562.
It is concluded be the whole Ministers assembled, that all Ministers
shall be subject to their Superintendants in all lawful admonitions,
as is prescryved as weele in the Booke of Discipline as in the
election of Superintendants.
That Superintendants take compt what Books every Minister hes in
store in the tyme of their visitation, and how the saids Ministers
and every one of them does profite from tyme to tyme in reading and
studying the same.
The Third Sessioune, holden the first of Julii 1562.
It is concluded that the Minister shall inquire his elders and every
one of them to assist him in all his Lawfull Assemblies; In the whilk
if they be found negligent, yet shall he proceed to all admonitiones
according to the rule of Christ, whilk they or any of them obey not;
then shall the Minister, with so many of the Kirk as will subscryve
with him, notifie the matter to the Superintendent, and if he be
his can profite nothing, then be his advyse that the inobedient be
pronounced excommunicat, and the magistrat, subject to the rule of
Christ, be not exeemed from the same punishment, being found guiltie
or inobedient.
To make supplication to the hier powers for the Manss and aikers to
Ministers to dwell in, according to the Book of Discipline, and the
Kirks to be repaired that are decayed, conforme to the act of the
Lords of the Secret Councill, pronounced before the Q. G. homecuming.
The Fifth Session, holden at Edinburgh, Julii 3, 1562.
The haill Kirk appoints and decerns Mr John Sharpe and Robert Wilsone
to minister in sick Kirks as shall be thought good be the Kirk.
The Sixth Session, 4th July 1562.
Touching the removeing of Idolatrie, the Kirk now, as of before,
concludes humble supplication to be given in to her hienes, but
the manner how, they have referred to farther consultation of her
Majesties Secret Councill.
That supplication be made to her hienes for punishing of all vyces
commanded be the Law of God to be punished, and yet not commanded be
the law of the realme, viz. blasphemie of God’s name, contempt of his
word and Sacraments, profanation of the samen be sick as were not
lawfully called to the ministration thereof, perjurie and taking of
the name of God commonlie in vaine, breakers of the Sabboth day, In
keeping of common mercats, adulteries, fornication, filthie talking;
and further, that punishment be execute upon the transgressors of the
last proclamation made against massmongers or hearers.
Anent the actiones of divorcement, to make supplication to the
Secret Councill, that either they give up universallie the Judgment
of divorce to the Kirk and their Session, or else to establish men
of good lives, knowledge, and Judgement, to take the order thereof;
provyding allwayes that the saids Lords make provisione and ordinance
how the guiltie persons shall be punished.
And sua dissolvet this Assembly, and appointed to conveen again the
25th day of December nixt to come in Edinburgh.
(Sic subscribitur) JOHN GRAY.
[FOURTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, conveened at
Edinburgh the 25th day of December 1562, in the quhilk were
present the Superintendants, Ministers, and Commissioners.
The whilk day the forenamed Assembly in the old Councill-house,
Johne Knox, Minister of Edinburgh, called upon God’s name for the
assistance of his Holy Spirit.
In the second and third Session, Superintendants and Ministers were
tryed, every Superintendant is removed, and delations given in, and
swa the Ministers.
Session Second, holden the 25th of the same moneth.
Anent the sustentation of the Ministers, exhorters, and readers
within the burroughs, my Lord Comptroller required the haill
Commissioners of Burroughs, presently conveened at this Assembly,
that they wauld signifie unto him be word or write, within ane
competent space, what reliefe they would make to the sustentation of
the ministrie forsaid, In respect that they were before burdened with
diverse charges for upholding of sick as called themselves Ministers
in the abused Kirk.
Session Third, holden December 29, 1562.
The Kirk presently assembled ordains, That inhibition shall be made
to all and sundrie persons now serving in the ministrie who hes
entered, being slanderous before in doctrine, hes not satisfied the
Kirk: Secondlie, that hes not been presented be the people, or ane
part thereof, to the Superintendant; and he, after examination and
tryall, hes not appointed them to their charges; and this act to
have strenth alswell against them that are called Bishops as uthers
pretending to anie ministrie within the Kirk.
Mr Archbald Keith, Minister of Logy and Balmerinoch, was decerned
be the Kirk to be translated from the forsaid Kirks to sick place
as that his stipend should be more abundantly given him, In caise
he be not reasonablie satisfied be the Lords appointed to modifie
the ministers’ stipends, provyding he change not at his owne private
opinione, But to have therein the judgement and appointment of the
Kirk, who shall give their judgement herein ere this Assembly be
dissolved.
Session Fourth, holden December 30, 1562.
The Kirk presently assembled gives power to everie Superintendant
within their own bounds, in their Assemblies Synodall, with consent
of the maist part of the Elders and Ministers of Kirks, to translate
Ministers frae ane Kirk to ane other, as they sall consider the
necessitie. And in lyke manner chargeth the Minister sua translated
to obey the voyce and commandement of the Superintendant; and
ordaines furder, That the Superintendants appoint their Synodall
Conventiones twyse in the year, to witt, in the moneths of
Aprile and October, on sick days within the said moneths as the
Superintendant shall think good; and that they give sufficient
advertisements to the particular Kirks, that the Minister with
ane Elder or Deacone may repare toward the place appointed be the
Superintendants, at the daye that salbe affixed be them, to consult
upon the common effaires of their Dioces.
Session Fifth, holden the last of December 1562.
The Kirk gives commission to the Superintendants of Angus, Lowthiane,
Glasgow, and Fyfe, with David Forrester, to travell with the Lords of
the Secreit Counsell to know what cause sall come in Judgement to the
Kirk, and what Order of Execution sall be taken therin.
It is concluded, That ane uniforme order sall be taken or keeped in
ministration of the Sacraments, and solemnization of Mariages and
Buriall of the Dead, according to the Kirk of Geneva. Attour ordains,
That the Communion be administered foure times in the yeere within
the Burrowes, and twyse in the yeere toward landwart.
Forsamickle as it was heavilie lamentit be the maist pairt of the
Ministers that they can have no Dwelling places at their Kirks,
because the Manses ar either deteinit be the Parsons or Vicars of
the samen, or else sett in Few or utherwayes to Gentlemen, The Clerk
Register and Justice Clerk desyres the Superintendants to signifie
to the Clerk of the Rentalls where the said Mansis are, and in what
Countrey, to the Effect that the saids Mansis may be assignit to them
{missing text indicated by asterisks} Third-part; and thereafter that
the saids Ministers complimandand may be staiked and helped to the
samen for their commoditie and remaining with their Flocke.
Notwithstanding the proponing and nomination of the Superintendants
for Aberdein, Bamf, Jedburgh, and Dumfries, appointed of before in
the third Session, and the days appointed for election of the same,
the whole Kirk remitts further advisement and Nomination of the
persons to the Lords of Secreit Counsell, provyding allwayes that the
Dayes appointed for the election be not prolonged.
[FIFTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, conveened and
holden at Johnstoun, the 25th day of Junii 1563, In the
whilk were assembled the Superintendants, Ministers, and
Commissioners of the Kirks.
Sess. 1^{ma.}
Prayer is made be Mr Johne Willock, Superintendant of the West:
Superintendents and Ministers were tryed.
The same day Johne Knox, Minister of Edinburgh, having Commissioun
given to him and certaine Elders and Deacons of the Kirk of
Edinburgh, to take cognition of the Slander raisit agains Paul
Methven, late Minister at Jedbrugh, anent Adulterie committed be
the said Paul with ane {blank space} his servant,--The said Mr Knox
declared the haill cause quhat he had done in the foirsaid slander,
viz. the said Paul to have committed the said abhominable Cryme of
Adulterie, and therefoir, with advyse of the Kirk of Edinburgh,
Superintendant of Lowthiane, and Collegues above written, have
removed him frae all Ministrie, and also excommunicat him. And swa
having put his said Commissione to Executioune, rendered up the same
againe to the Generall Assemblie, fra quhom he received it.
Mr Johne Rutherfuird, Principall of Salvator’s Colledge, complained,
That Mr John Balfour usurpit the Ministrie at Cultis, being
unqualifiet to discharge the same; and seeing the Kirk pertainit to
him as Principall, he offerit himself to minister, according to the
talent given him be God. The Kirk, hearing his complaint and offer,
ordainit the said Mr Johne to accept the office, who, in presens of
the Assemblie, accepted the same.
The said day, David Fergusone, Minister of Dumfermling, declared in
the publict Assemblie, That he had spoken to Paul Methven, lately
excommunicat, quhom he fand verie sorrowful for his grievous offence
committed be him in maner above rehearsed, and also sick repentance
for the same, that he wald underly whatsoever punishment the Kirk
of God would lay upon him, even if it were to lose any member of
his bodie, to satisfie the same. After long reasoning of the whole
Assemblie of the said repentance and offer, reportit be the said
minister, the Kirk condescendit that the said Paul sould have a
comfortable answer, and attour that they in the mean tyme sould
speake the Lords of the Privie Counsell thereanent.
Sess. 2^{a.} holden 26th Junii 1563.
The whilk day the Kirk pronounced, That no Contract of Marriage
alledged to be made secretlie, carnall copulation following,
sall have faith in judgement in time coming, untill the tyme the
contractors suffer as breakers of good order and slanderers of the
Kirk; and thereafter that faith sall not be given to that promise,
untill sick tyme as famous and unsuspect witnesses affirme the same,
or ellse both the parties confesse it: And in case that Probation
or Confession follow not, that the saids offenders be punished as
Fornicators.
Concerning the order of appellations, it was statute and ordained,
That if anie person find himself hurt be any sentence given be any
Ministers, Elders, or Deacons of the Kirk, It sall be lesume to the
persone so hurt to appeall to the Superintendant of the Diocie and
his Synodall Convention, within ten dayes next after; and the said
Superintendant sall take cognition whether it was weill appealed or
not, and give sentence thereupon; and if the Partie yitt alleges
himself hurt be the Superintendent and his Convention, it salbe
lawfull to appeale to the Generall Assemblie of the whole Kirk,
immediatelie following thereafter, within ten dayes as of before;
and the said Assemblie to take cognitione of the said Appellation,
whether it was weill appealed or not, and thereafter to pronounce
sentence thereintill, frae the whilk it sall not be leisum to the
said Partie to appeale, but the former sentence to have Execution,
according to the tenor of the same.
_Item_, If the appellant justifies not his appellation before the
Superintendant and his Convention foresaid, that he sall impute an
Paine upon the said Appellant, as he sall think good, above the
Expensis to the Partie; whilk Paine salbe delyvered to the Deacons of
the Kirk where the first sentence was given, to be distribute to the
Poore.
And in like maner, the Generall Assemblie, finding it evill appealed
be the said Partie frae the foresaids Superintendant and Convention,
sall, as of before, impose ane paine arbitrall, to be distribute
as said is, together with the Expensis to the Partie, as is above
specified.
Ordained, That supplication be made to the Q. Majestie and Secret
Councill for Union of Kirks, that where two or three are within two
or three myles distant, the same to unite, and cause the inhabitants
to resort to ane of the saids Kirks to hear the word and receave the
sacraments. Because the scarceness of Ministers permitts not every
Kirk to have a severall Minister, and also the small number of sick
parochins requires not the same.
Ordained, That the Instruction of Youth be committed to none within
this Realme, nather Universities nor without the same, bot to them
that professe Christ’s trew Religion, now publiclie preached; and
that sick as now occupie the places not professing as said is, be
removed frae the samen, and to remember that some ordour be made for
the sustentatioun of poore Scholars.
Sess. 3, 27th Junii 1563.
It is statute and ordained, That no work be sett forth in print,
nather yet published in writt, tuiching Religion or Doctrine, untill
sick tyme as it be presented to the Superintendent of the Diocie,
advised and approved be him, and be sick as he sall call of the most
learned within his bounds; and if they, or anie of them, doubt in
anie point, so that they cannot resolve clearlie in the same, they
sall produce the said worke to the Generall Assemblie of the Kirk,
whill order salbe taken touching the resolution of the said doubt.
Sess. 4, 27th of Julij 1563.
Ordains, That everie Superintendent within his awne jurisdiction
cause warne the shires, towns, and paroch kirks, to send their
Commissioners to the Assemblie in times cuming, declaring unto them
the day and place, and also that every Superintendent conveen the
forsaid day, appointed for the Assemblie, under the paine of fourtie
shillings, to be distribute to the poore, without remission thereof.
[SIXTH GENERAL ASSEMBLY.]
The Generall Assembly, convened at Edinburgh the 25th day of
December 1563, in the New Tolbooth; the prayer and exhortation
made be John Willock: In the whilk were present James Duke of
Chalterault, Archibald Earle of Argyle, James Earle of Murray,
James Earle of Mortoune, Earle of Marshall, Alexander Earle of
Glencairne, William Maitland of Lethingtoune, Secratar, Sir
John Wishart of Pitarrow, Comptroller, Sir John Ballantine
of Auchnool, Justice-Clerk, Lords of Secret Counsall,
Superintendants, Ministers, and Commissioners of Kirks and
Provinces.
Session First, 25th of December 1563.
Anent the Question moveit be Johne Knox, Minister of Edinburgh, to
the haill Assemblie, whether he receivit charge of the haill Kirk,
convenit in Edinburgh, after the beginning of the Reformation, to
advertise the brethren to conveine at what tyme any member of the
Kirk sould chance to be troublit, and that for thair counsell to be
had?
To the quhilk the Lord Lindesay, the Lairds of Kolwood and
Abbotshall, Cunninghamehead, the Superintendents of Angus, Fyfe,
Louthiane, West, and Galloway, Mr Johne Row, Mr Christiesone, Mr
Robert Hamiltoun, Mr Christopher Goodman, ministers, with the maist
pairt of the haill Assemblie, made their declaration, That they
rememberit verie well that the said Johne Knox wald have had himself
exonoured of the foirsaid charge, and that the Kirk then present wald
naways suffer him to refuse the same, bot that he sould continue as
of befoir to advertise fra tyme to tyme, as occasion salbe given.
It was proponed be the haill Assemblie that ane Moderator should
be appointed, for avoiding confusion in reasoning, but that every
brother should speak in his own roome. The Lords of the Secret
Councill, with the haill brethren of the Assembly, appointed Mr Johne
Willock, Superintendent of the West, Moderator during this Assemblie.
Session Third, 28th December 1563.
The haill Assemblie here present has farther concluded and finally
consented, that for their own parts, the tennents and occupiers of
the ground shall have their own teynds upon composition.
Session Fourth, 29th December 1563.
It was thought needful for farther confirmation of the Booke of
Discipline, That the Erle Marshall, Lord Ruthven, Lord Secretare,
Commendatare of Kilwinning, the Bishop of Orknay, Clerk of Register,
Justice-Clerke, Mr Henrie Balnaves, David Foird, and Mr George
Buchanan, anie three or foure of them, advise the said booke
diligentlie, consider the contents thereof, noting their judgments in
writing, and to report the same to the nixt Assemblie Generall of the
Kirk; or if ane Parliament happen to be in the meane tyme, that they
report their saids judgments to the Lords of the Articles that shall
chance to be chosen before the said Parliament.
Session Fifth, 30th December 1563.
Forsamickle as Ministers, Exhorters, and Reiders, remaines not at the
Kirks quher their charge lyes, bot dwells in townes farre distant fra
the saids Kirks, quherthrow the peiple wants the continuall comfort
quhilk their daylie presence sould give, be mutual conference of
the ministers with the flocke. Heirfor, the Kirk ordanes Ministers,
Exhorters, and Reiders, haveing mansis to dwell in, that they make
residence at the same, visite the flock as they may; and quher the
parochin is great, that the Minister crave the supporte at the Eldars
and Deacons to help him in the said visitatioun.
Touching the burial of the poore in every parochin to landwart, it
is ordainit that a biere be made in every parochin to carry the dead
corpsis to buriall; and that village or house quher the dead lyes,
with the nixt adjacent house therto, or ane certaine number of every
house, sall convey the dead to the buriall, and eird it sax foote
under the eird; And that every Superintendent within his awin bounds
requyre the Lairds and Barrones within the same to make ane Act in
their Court touching this ordour, and cause their officers to warne
the narrest neighbours quher the dead lyes, to convey the samen to
buriall, as said is, according to their said act; and farder, that
the Superintendants take ordour heir as occasioun sall serve.
Session Sixth, the last of December 1563.
Anent the determinatioun of the Kirk tuiching Thomas Duncansone,
Schoolmaster and Reidar in Striveling, quho had committed
fornicatioun, and thereafter had made publick repentance, Whether he
sould be restorit to his office or not after his publick repentance:
It was ordainit that he sould abstaine frae the said office,
until sick tyme that the Kirk of Striveling made request to the
Superintendent for him; and that he present the said sute or requeist
to the nixt General Assemblie. Attour, if the woman was a maiden with
quhom he had committed the said fornicatioun, that he sall marie her
if she requyre the samen, in part of satisfactioun to the Kirk.
Tuiching the question proponit be the Superintendent of Fyfe, anent
Alexander Jarden, Minister of Kilspindie, Inchture, and Raitt, quha
had committit fornicatioun with a virgine, and thereafter had maried
her and had satisfiet the Kirk, Whether he sould be admittit agane
to the ministrie or not? The Kirk suspended the said Alexander frae
all functiouns of the ministrie within the Kirk quhill the nixt
Assemblie, and then to receave answer.
[SEVENTH GENERAL ASSEMBLY.]
The Generall Assemblie, holden at Edinburgh the 25th Junii
1564, holdin and begune in the Neither Tobuith att foure
houres Afternoone; Exhortatioun and prayer made be Mr Johne
Knox, Minister of Edinburgh: In the quhilk were convenit the
Superintendants, Ministers, and Commissioners of Provinces of
Kirks.
Sess. 2d, Junii 1564.
The Assemblie continowed Mr Willock Moderator of this Assemblie.
The Assemblie requestit Mr Robert Montgomerie, Minister at Couper,
to support every uther Sunday the Kirk of Largo, quhill farther
provisioun be made; and ordainit the Superintendent of Fyfe to labour
with the Towne of Coupar for License to the said Mr Robert for the
purpose foresaid; and to take ordour with the Schoolmaster of Couper
to reid and exhort in the Kirk.
Sess. 4, 28th Junii 1564.
The haill Assemblie made, constitute, and ordainit their
Commissioners under-written; for Fyfe, the Laird of Lundie and
Thomas Scott of Abbotishall; for Lowthiane, the Lairds of Spott and
Elphingstone; for the Westland, the Lairds of Carnall, Carse, and
Kelwod; for the South, the Lairds of Wodderburne, and Andro Kar of
Faudansyde; for Galloway, the Laird of Garlies, Zonger, and Mothine,
with Mr George Gordoune; for Angus, the Provost of Dundee; and for
the Northland, the Laird of Craig: They sall altogether repaire
towards the Lords of Secreit Counsell, and thene present the Articles
underwritten, pertinand to Reformatioun of Maners, punishment of
certain Crymes, maintaining of Justice, and others concerning the
universall Kirk of this Realme; and to reason thereupon with the said
Lords, and report the Answers thereintill to this present Assemblie.
TENOUR OF THE ARTICLES.
First, that it is thoght good, and alsweill conforme to the Act
of Parliament, immediately before the Queen’s Majestie’s arrival,
promittit as her Heiness owin Ordinance, with consent of her
Nobilitie, decreit and appointit after her Grace’s arrivall, Chryst’s
Religion be _de novo_ established, ratified, and approved throughout
the whole Realme, and that all Idolatrie, especially the Masse, be
abolished over all; so that no other Face of Religion be permittit or
thoilit to be erectit.
And for this effect, that the Ministers be provydit decentlie with an
assurit appointment, where they sall receive their livings asweill
bygane as to come, and not to live as Beggers, as presentlie they
doe; and in lyk maner to desyre, and with all humilitie to requyre,
that the Transgressours againis the Ordinances, asweill from tymes
past as from this tyme foorth, might be punisched according to
the saids Lawes and Ordinances, and especially againis them that
contemnes and committis Inobedience againis the saidis Lawes, in
Aberdein, in the Carse of Gowrie, in Seafield, and in sundrie uther
places, as salbe specifiet.
After the forsaids Articles war notified and declared to my Lords the
Erles of Murray, Argyle, Glencarne, and to my Lord Secritar, being
present, and send be the Quein’s Hieness to the Assemblie, to know
quhat things were proponit therein; thoght the saids Articles, as
they were conceivit, not so convenient to be proponit as appertained,
and therefor thoght it meitt to collect twa Heids thereof, quhilk
they themselves wald propone to the Quein’s Majestie; quhilk Heids
follow:
And first, they wold declare to her the good mynds and obedience of
them then assemblit.
And as tuiching the Estate of Religioun, seeing it tuitchit the
said Lords most especiallye, being members of the said Kirk, they
wold labour at her Grace’s hands, that the same might be observit
according to the ordour establishit at her Heiness arryvall, and
doubtit not to obtaine sick gentle answer and agreement of her
Majestie in that behalf as might satisfie the said Assemblie.
The uther Heid, tuiching the sustentatioun of the Ministers, the
saids Lords in lyke maner promised to labour at her Hienes’ hands
that they might have appointment of the saids Stipends, and hoped
to dresse her Hienes so that they sauld be ressonablie satisfiet of
their desyre in that point.
Thereafter the saids Lords declarit, be the mouth of my Lord
Secretaire, how they had proponit the saids Heids to the Quein’s
Majestie, and how they were not only accepted be her Heiness in good
part, but also gentlie answerit, and acceedit to the performance
thereof; and therefore the saids Lords promised, in her Majestie’s
name, to the haill Assemblie, the accomplishment of the saids
desyres, of the quhilk they need not in any wayes to doubt; for
if they had been surely persuadit in their owin hearts that her
Hienes had meant utherwayes nor they had declared, her Grace sauld
have found uther Messengers then they to have shawin the same in
her Hienes’ name. Quhilk being be them declared, the haill number
present first thanked God and her Majestie, that their reassonable
desyres were so generallie answerit; and for recognoscing of their
owin dutie, desyrit the saids Lordis reciprocallie to promise to
her Majestie, in their behalf, all duetifull obedience, love, and
submission, quhilk can be lookit for be any Christian Prince of most
faithfull, humble, and loving subjects; promiseing therewithall,
if any of their number sould happen to forget the duetie of a good
Subject, or offendes her Majestie’s Lawes, that they all afaldlie
wold concurre to the punition of the offendour, according to the
qualitie of that trespass, as they sould be commandit.
Anent the satisfeing of the Complaint of pure Labourers of the
ground anent the unmercifull exaction of their Teynds, Johne
Maxwell of Terriglis, Knycht, frielie promiseit that quhat time the
Superintendent of the West sould resort towart the Pairts quher he
hes any Teynds, he sauld choose unto himself sax, seven, or aucht of
the most wise and discreit Persones within the saids Bounds quher
he has the saids Teynds; and quhatsoever the said Superintendent
and honest Persones sould advyse him to doe, alsweill tuiching the
Intromissioun as prices of Teynds, he promises to fulfil the same,
so that the pure labourers sould feile at his hands ease and support
within his Rowmes.
In lyk maner my Lord of Murray was content, and for his teynds within
Fyfe, namit the Laird of Lundie, that sall modifie either money or
victuall.
Aleso Alexander Bischop of Galloway promised to doe [the lyke] how
soone the tack of his teynds comes in his awin hand, and beis run out.
The Erle of Monteith, my Lords of Lindesay and Ochiltrie, my Lord
Secretarie, the Superintendent of Fyfe, the Gentlemen in the West,
and amang them the Laird of Kars, and the Goodman of Leathem, all of
their awin frie will, promised to doe according as the said Maister
of Maxwell had promeised.
Tuiching the act of Parliament anent the gleibs and manses, the haill
Assemblie requeist Mr James Macgill, Clerk Register, to extract the
samein and subscryve it, to the effect it may be produceit before the
Lords of the Secret Counsell the morne, or how soone guidlie he may
doe the samen, that ordour may be tane thereanent for the ludging of
the ministers.
Sess. Fifth, 30th Junii 1564.
Anent the causes of the whole kirk and jurisdiction thereof, the
Assemblie appointit thir persons under-written, to wit, the Laird
of Dun, Superintendent of Angus and Mernes, Mr Johne Wynrhame,
Superintendent of Fyfe, Mr Johne Spottiswood, Superintendent of
Lowthiane, and Mr Johne Willock, Superintendent of the West, with
the assistance of Mr John Row, George Hay, Robert Pont, Christopher
Gudman, Thomas Drummond, Johne Knox, John Craig, Johne Rutherford,
George Buchanan, Robert Hamiltoun, Clement Littil, the Lairds of
Lundie, Elphingstoun, Carnell, Kers, and Thomas Scott of Abbotishall,
and ordained thir foirnamed persones to convene the morne after
sermoun, and to reason and conferre anent the saids causis and
jurisdictioun pertaining to the Kirk, and to report their opinions
again the nixt convention.
Anent the questioun moved, whether a minister anes lawfullie placed
at a kirk, may leave his ministrie at the said kirk, and pass to
another at his awn pleasure. It was concludit be the haill Assemblie,
that he may na wayes leave the congregation, being anes placed,
without knowledge of the flocke, his Superintendent, or haill kirk,
and that the cause why he wold leave that kirk be considerit be the
Superintendent or haill kirk, whether it be lawfull or not.
The haill Assemblie in ane voyce chose James Makartney to be
solicitor for the Kirk.
Becaus Mr Alex. Jardin, minister of Inchture, Kilspindie, and Rait,
was in the last Assemblie suspendit from all function of office
within the kirk, for causes containit in the Second Session of the
last Assemblie to this conventioun, quher he sould receive answer,
whether he sould returne to his office or not; the haill Kirk, in
consideratioun of his marriage and publick satisfactioun of the Kirk
quher the offence was committit, ordainit to make humble requeist to
my Lord of Murray, to be content that the said Mr Alexander sould be
received againe to his ministrie in respect of the premisses; and
thereafter, that the Superintendent of Fyfe sould restore him againe
to his ministrie as of befor.
Anent the requeist of Mr Patrick Couston, minister of Syres,
desyreing the licence to pass to France and other countreyis, for
augmenting of his knowledge for a tyme; the haill Assemblie in ane
voyce dissentit therefra, and ordainit that he sould not passe out
of this countrey, nor yet leave his congregatioun quher he travels
without speciale licence of the haill Kirk, if they sall heirafter
think it expedient or necessarie.
Forasmeikle as it was complainit be the Commissioner of Murray, upon
William Sutherland, parson and exhorter at the Kirk of Moy, that
he had not only disobeyit his charge, commanding him to marie the
woman with quhom he befor had committit fornicatioun, but also had
in despyte of the said Commissioner, ryveing his letters of charge
thereto, and had not obeyit his summonds chargeing him to compeir
to this General Assemblie; In consideratioun of this despytefull
ryveing of the Commissioner’s letters, and also not compeiring
to this Assemblie, the Kirk depryves him fra all Ecclesiastical
functioun, and also ordaines the censure of the Kirk to proceed
aganes him for his contempt.
[EIGHTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirke, gathered and convened
at Edinburgh the 25th of December 1564, holden in the Over
Tolbooth thereof; In the whilk were the Superintendents,
Ministers, with the Commissioners of Shires and particular
Kirkes,--the exhortation being made be Mr John Knox, Minister
of Edinburgh.
First, for eschewing of confusione, and that everie brother should
speak in his own roome with modestie, It wes thought good that
ane Moderator should be appointed; and with full consent of all
the brethren present was John Erskine of Dunn, Superintendent of
Angus and Mearns, appointed to be Moderator for this Assemblie, who
accepted it upon him.
Ordained, that no question be proponed be any brother unto the tyme
the affaires of the Kirk and order thereof be first treated and
ended, and thereafter, if any brother have a question worthy to be
proponed, that the samen be proponed in write, and if the samen
requyres hasty resolution, it shall be decyded in this present
Assembly before the end thereof, otherwayes the decision of the samen
shall be referred to every one of the Superintendents within whose
bounds the question is proponed, and they and every one of them, with
ane certaine number of the Ministers, as they shall think meet to
appoynt, for assisting to hear the reasoning of the saids questions,
and thereafter their reasons to be put in write, affirmative or
negative, whilks every ane of them shall report to the next Assemblie.
The same day, the haill Assembly caused to present to the Lords of
Secret Councill the heads and articles following, and required their
honors to obtaine answer thereof at the Q. Grace, and to signifie
unto them her Majestie’s good pleasure thereintill.
TENOR OF THE ARTICLES.
The haill Assembly requires humbly their Honors to signifie to the
Queen’s Majestie, that the transgressors of the proclamations past
against the hearers and sayers of Masse, together with the abusers of
the Sacraments, are now so common, that it may be greatly feared that
judgements shall suddenlie follow, except remeid be provided in tyme.
2. To require payment to Ministers of their stipends for the tyme
bypast, according to the promise made, and to let the Assembly know
how the Ministers shall be sustained in tyme to come.
3. To require Superintendants to be placed where none are within this
realme, viz. in the Merss, Teviotdale, Forrest, Tweddall, and the
rest of the Dealls in the South not provided, with Aberdeen and the
uther parts in the North, likewise destitute.
4. To require punishment of sic as hes steiked the doors of the
paroche kirk, and will not open the same to parochiners that
presented themselves to have heard the word of God preached, sic as
Pasley, Aberdeen, Corrie, Dopline, and Aberdagy.
5. Humbly to require the Q. Maj. what the Kirk shall look for,
touching provision of benefices vaikand and to vaik.
6. To crave ane resolution and declaration of the Manses and Gleibs,
whether they be set in feu or not, and be what means the Ministers
shall come to the use and possession thereof.
7. The acts touching the reparation of the kirks to be put in
execution.
The answer of every ane of the particulars the General Assembly
humbly requires.
Session Second, holden December 26, 1564.
Anent ane supplication presented be Beatrix Livingstoun, touching
ane promise made to her be Patrick Hardie to have solemnized the
band of matrimonie with her ane lang tyme since, his wife Katherine
Rutherford being in lyfe, and now divorcement had betwixt them.
Bearing alse and making mention of ane decreit and decisione of the
said promise and nullitie thereof, given and pronounced be John
Eskine of Dun, Alexander Guthrie of Halkertoune, Robert Campbell of
Kinʒcomscleugh, and Mr Robert Hamiltone, for verification whereof the
said Beatrix producit the said decreit, subscryved be the forsaids
persons, in presense of John Willock, Superintendant of the West,
Christopher Goodman, and Mr George Hay, of the date at Edinburgh the
first of July 1563, bearing in effect, that the said promise made be
the said Patrick to the said Beatrix on no wayes might be sustained
be the law of the Evangell; and therefore the said Patrick to be
quyte therefrae in all tyme comeing, In respect of the marriage
standing betwixt him and his wife foresaid undissolved, and that the
said promise was not only null in the selfe, but also unjust and
unlawfull, and that the makers thereof had offended, and were worthy
of punishment at the discretion of the Kirk: Quhilk supplication and
decreit being read and considered, the haill Assembly in ane voyce
authorised and allowed the said decreit, pronounced be the said
brethren, and alse pronounced the said Patrick and Beatrix to be
free frae the said pretended promise in tyme comeing, Requiring that
punishment for making of the said promise hereafter to the Kirk’s
discretion thereof.
Session Third, December 27, 1564.
Anent the supplication presented to the Assembly in name of Paull
Methven, and touching diverse petitions therein contained, wherewith
the said Assembly being well and rypelie advysed, and after long
reasoning had therein, with mature deliberation, gave their answer as
follows:--
Anent his receaving to repentance, the haill Assembly are content
to receave the said Paull to repentance, presentand him personallie
before them, declareing evident signes of unfained repentance,
willing to obey sic injunctions as the Kirk shall please to appoint
him to doe and fulfill.
Touching his desyre to delate his proces of their books, thereto
the Clark can noways condescend, neither think they that sick ane
petition can proceed from the Holy Ghost, seeing David, ane notable
servant of God, eschewed not to write his owne offence to God’s glory
and his own confusione. Anent his admission to the ministrie within
the realme, that was thought no wayes sufferable unto sic tyme as
the memorie of his former impietie be more deeplie buried, and some
notable Kirk within this realme make earnest request for his new
acceptation; and likewise the Kirk signifies unto him, that his entry
in the ministrie in the parts of England, he being excommunicat and
unreconciled, hes grievously offended them; as also the last part of
his writeing, where he accuses false witnesses, who hes deponed no
other thing in effect nor he has confessed with his mouth in write.
Farder, the Assembly required the brethren to whom the said Paull hes
written, that amongst uthers their answers they signifie unto him
that he may safelie repare toward this realme, notwithstanding lately
proclaimed against adulterers.
Touching sic as are relapse the third tyme in any kinde of cryme,
sic as fornication and drunkenness, it is statute and ordained, that
no particular minister admitt sic persones to repentance, but to
send them to the Superintendant of the diocie where the crymes are
committed, with information, who shall give them sic injunctions as
they think may make the offence to be holden in horror. But chiefly
that they compell the offender to satisfie the Kirk where the
offences were made moe dayes nor ane, as the Superintendant shall
think good.
[NINTH GENERAL ASSEMBLY.]
The Generall Assemblie, convened at Edinburgh, in the Nether
Tolbooth thereof, the 25th Day of June 1565: In the whilk were
present, the Superintendents, Ministers, and Commissioners of
Shyres and Kirks, the invocation of the name of God being made
be John Willock, Superintendent of the West.
First, For eschewing of confusione in reasoning, the whole brethren
present, with ane consent, chuse John Willock, Superintendent of the
West, to be Moderator, who accepted the office.
Sessio Second, holden Junii 26th, 1565.
The haill Kirk present for the tyme, humblie requyred the nobilitie
present to be humble suiters at her hienes for the execution of
the Laws and Acts lately made against the violators of the Sabbath
day, committers of adulterie and fornication, and desyred every
Superintendent for to sute for commissions to judge within their
jurisdictiones, givand power to them to execute punishment against
the committers of sic crymes, according to the tenor of the saids
Laws and Acts, &c.
And in like manner to request her heines to cause thankful payment be
made of the Ministers’ stipends throughout this realme, as also to
complain to her Majestie that where of before the Kirk of Candwell
in L. Carrok was assigned for payment of the Ministers’ stipends in
Kyle and Carrick, is now given by her heines to the young Laird of
Skeldrume, and in like manner the parochiners of Dalry shew that the
lands of the Kirke was assigned to the minister of the parochine, and
now was givan to the Laird Provane, and to understand her heines will
thereanent.
Ordains for ordering the articles to be sent to the Q. Majestie, John
Erskine of Dunne, Superintendent of Angus and Mearns, John Willock,
Superintendent of the West, Christopher Goodman, Minister of St
Andrews, John Row, Minister of St Johnstone, to conveen after eleven
houres, and set them furth and present them to the Assemblie this day
afternoone; whilk ordinance the saids persones obeyed, and presented
the Articles to the Assemblie.
TENOR OF THE ARTICLES.
_Imprimis_, That the Papisticall and blasphemous masse, with all
Papistrie and idolatrie of Paip’s jurisdictione, be universallie
suppressed and abolished throughout the haill realme, not only in the
subjects, but also in the Q. Majestie’s awn persone, with punishment
against all persones that shall be deprehended to transgresse and
offend the same; and that the sincere word of God, and his true
religion, now presently receaved, might be established, approven
and ratified throughout the whole realme, alswell in the Queen’s
Majestie’s owne persone as in the subjects, without any impediment,
and that the people be astricted to resort upon the Sunday at
least to the prayers and preaching of God’s word, like as they
were astricted before to the idolatrous masse; and thir heads to
be provided be act of Parliament, with consent of the Estates and
ratification of the Queen’s Majestie.
Secondlie, That sure provisione be made for sustentation of
Ministers, as well for the tyme present as for the tyme to come, and
that such persons as are presently admitted to the ministrie may have
their livings assigned unto them in the roomes where they travell, or
at leist next adjacent thereto, and that they have na occasione to
crave the samen at the hands of any others, and that the benefices
now vaikand or that hes vaiked since the moneth of March 1558, or
yet hereafter shall happen to vaike, be dispensed to qualified
and learned persones, able to preach God’s word, and to discharge
the vocatione concerning the ministrie, be tryall and admissione
of the Superintendents, and that no Bishopric, Abbacie, Priorie,
Deanerie, Provestrie, or any other benefices, havand many Kirks
annexed thereto, be disponed altogether in any tyme comeing to any
one man. But at the least the Kirks thereof be severallie disponed
and to severall persones, so that every man having charge may serve
at his awne Kirk according to his vocatione; and to this effect that
the gleibs and manses be givene to the Ministers that they may make
residence at their kirks, wherethrough they may discharge their
consciences conforme to their vocatione, and also that the kirks may
be repaired accordinglie, and that ane law be made and established
herein be act of Parliament, as said is.
Thirdlie, That none be permitted to have charge of Schooles,
Colledges, or Universities, or yet privately or publickly to instruct
the youth, but such as shall be tryed be the Superintendents or
visitors of the Church, sound and able in doctrine, and admitted be
them to their charges.
Fourthlie, For sustentation of the poor, that all lands founded to
hospitalitie of old be restored agane to this same use, and that
all lands, annualrents, or any other emoluments pertaining any ways
to the friers of whatsumever ordour, or annualrents, altarages
pertaining to Priests, be applyed to the sustentatione of the poor,
and uphald of Schooles in the towns and uthers places where they ly.
Fifthly, That horrible crymes as now abounds in the realme without
any correction, to the great contempt of God and his holy word,
sic as idolatrie, blaspheming of God’s name, manifest breaking of
the Sabbath Day, witchcraft, sorcerie, and inchantment, adulterie,
incest, manifest whoredome, maintainance of Brodells, murther,
reiffe, slaughter and spulzie, with many uther detestable crymes,
may be severely punished, and judges appointed in every province or
diocie for the executione thereof, with power to doe the same, and
that be act of Parliament.
Last, That same order be devysed and established for the ease of the
poor laborers of the ground concerning the unreasonable payment of
their teynds, taken over their heads without their advyse and consent.
The same day the Lairds of Carnall, Sornebeg, and Dreghorne,
requesting humblie for support of a ministerie for their kirks of
Rickartoune and Dundonald in Kyle, promised of their awn free will
that they should provide stipends sufficient according as the Kirk
would appoint, and that they should not remove from their Kirks for
seeking payment of the samen; whilk request of theirs the haill Kirk
praised, and promised satisfaction to their godlie desyre.
Sess. 3, Junii 27, 1565.
Anent the question proponed, whether Children may contract Marriage,
and Marrie without consent of their Parents, and in speciall, whether
the promise made betwixt Robert Patersone and Jonet Little, without
the consent of the parents, may stand or not; it is found that the
said Robert and Jonet hes not orderly proceeded in the said promise
of marriage, in so far as they neither obtained the consent of the
parents, nor yet, be the late order, repared to the Kirk of God to
lament their cause, and seek the ordinary means thereat, be the
word of God appointed: and therefore the Commissioners appointed
be the Kirk for decision of Questions, determines that they have
not lawfully proceeded in making of the said promise of marriage,
and they should of dutie thus have proceeded: First, to require the
consent of the parents, whilk being refused, then to make the sute
unto the Kirk, to concurre with them in their lawfull proceedings,
according to the order observed in God’s word; and for the offence
and unlawfull proceeding bypast, to make satisfaction to the Kirk, as
they shall be appoynted thereto: and hereupon ane general order to be
set forth, as the Generall Assemblie shall think good to be observed,
in all particular Kirks in tyme comeing. This was subscryved be
the Commissioners underwritten:--Mr John Dowglass, Rector of the
Universitie of St Andrews, Christopher Goodman, George Buchanan, John
Craig, Minister, John Row, Robert Pont.
Ane uther question, whether ane learned man, having an benefice
given in papistie, or lately since the word has been preached in
this realme, may leave the parochine where he is persone, destitute
of preaching the word, and enter Minister to serve in ane uther
place for larger stipend? The foresaid Commissioners concluded as
follows: It is thought agreeable to the word of God that no faithfull
preacher of God’s word may enjoy any benefice or living pertaining
to the Kirk, except he remaine at the said Kirk to discharge his
office, for the whilk he receaved the said benefice; and that if
he be transported be the Kirk or Superintendant to any uther place
whereby he may not discharge his duty in both, That he be depryved of
the ane, and it to be bestowed upon ane uther; provyding always, the
foresaid persone be sufficiently answered of his stipend.
Ane uther question, whether if any man abusing his Cusings, his
father’s brother’s daughter, seven years, and begottin children, and
presently maried, marry her, and underly conviction, may marry or
not? The degrees are second of Consanguinitie.
Though this be not found contrary to the word of God, yet because
it has not been publickly revealed in this realme, and that diverse
inconvenients are perceaved to insue of this Liberty, thinks it
good that it be referred to the Civil Magistrates, or else to ane
Parliament, for order to be taken therein, and that in the meantime,
men take not libertie to their senses according to their filthie
affections, not the lesse that the persons in whose name this
question was proponed be joyned in marriage, after their publick
repentance for the offences bygone, without any hope that uthers
hold the like license, while farder order be taken be the Civill
Magistrate, as said is.
Anent the complaint given in be the Superintendant of Fyfe, touching
the wanting of a preacher at the Kirk of Kylmeny, pertains as
ane common Kirk to St Salvator’s College in St Andrewes; Mr John
Rutherfurd, Provest, and Mr William Ramsay, one of the Ministers,
was content that the Superintendants of Angus and Fyfe, Christopher
Goodman and Mr George Buchanan, should consider this Complaint, and
whatsoever they decyded therein, and ordained to be done therein,
they should fulfill the same in sic sort that nae complaint should be
heard hereafter.
Ane Complaint was given in be the Parochiners of Tunninghame who
payes the Teynds to the New College of St Andrews, and has no
preaching nor ministration of Sacraments. Mr John Dowglas, Rector of
the Universitie, and Master of the said College, promised to the Kirk
to satisfie the Complainers reasonably, that hereafter the Kirk shall
not be troubled with farther Complaint.
Sessio 4^{ta.} Junii 28, 1565.
Anent the Complaint given in be Mr Donald Munro against Mr John
Robisone, Thesaurer of Rosse, Minister of Urquhart, and John Watsone,
Minister of Awes, That where they both accepted the Ministrie on
them, and received their Stipends therefore, and now has left their
vocationes; requyred the Kirk to take order herein: The haill
Assemblie ordained the saids persones to repair towards their charges
in the Ministrie, and enter againe thereto incontinent, after
they be charged, under the paine of disobedience of the Kirk, and
dischargeing of their allowance and Stipends.
The haill Assemblie, with ane voyce and minde, choose John Knox,
Minister of Edinburgh, to receave the answers of the Articles sent
from the Assemblie be the Commissioners thereof to the Queen’s
Majestie, and to advertise the Superintendants of the same, and also
that he advertise the faithful of things necessar that shall happen
betwixt this and the next Assemblie. Thanks being given to God be
John Willock, Superintendant of the West, and the twenty fyve day of
December next to come appointed for the next Assemblie to conveen in
Edinburgh, this Assembly was dissolved.
[TENTH GENERAL ASSEMBLY.]
The General Assembly of the Kirk, holden in Edinburgh, in the
Ouer Tolbooth thereof, the 25th of December 1565, in the whilk
were present the Superintendants, Ministers, Exhorters, and
Commissioners of Towns and Kirks. The invocatione of the name
of God was made be John Knox, Minister of Edinburgh.
Sessio 1^{ma.}
First, for eschewing of confusion in reasoning, and that every
brother speak in his roome with modestie, as becomes the ministers of
God’s word to doe, with the haill consent of the brethren present,
was chosen John Eskine of Dunne, Knight, Superintendant of Mearns and
Angus, to be Moderator at this tyme, who accepted the office on him.
The Superintendant of Lothian complained upon Mr John Furd, Minister
of Dummaine, that where, in the last Generall Assemblie of the Kirk,
it was decerned that Robert Patersone and Jonet Little should have
satisfied the Kirk of Edinburgh for the offence committed be them in
contracting marriage without parents’ consent, yet nevertheless the
said Mr John had persuaded them to solemnize the said marriage, ther
bands not being proclaimed, and no satisfaction made to the Kirk of
Edinburgh, and also had caused Mr Patrick Craig, Minister at Ratho,
to solemnize the said band of marriage betwixt the saids persons, in
the Kirk of Dummaine, in great contemption of the decreet foresaid,
and all good order heretofore observed in the reformed Kirk, desyring
the Kirk presently assembled to take order herein, alsweill anent the
saids paroches as the saids two ministers. The Kirk ordained to call
both the saids parties and ministers to answer to the said complaint
betwixt this and the end of the Assembly.
In like manner, Mr John Winrhame complained upon the said Mr John
Furde, that be his counsell and persuasion the Ladie Kilconquher
and John Weymes had contracted the _verba de presenti_, &c.
notwithstanding that ane woman, called Elizabeth Pott, had claimed
the said John Weymes before the Superintendant, whilk clame was not
yet justified, and that Mr Andrew Kirkaldie had married the saids
persons, after the minister was departed out of the Kirk where they
were married. Ordained in like manner to answer to this complaint.
The haill Assembly appointed Mr John Row, minister at St Johnstoun,
to put in write, answers to the answers given be the Q. Majestie to
the articles presented to her hienes be the Commissioners of the last
Assemblie of the Kirk, because her heines answers not fully satisfied
the Kirk, as in the samen plainly appeareth, and the said Mr John to
present them the morrow, after the preaching, to the Assembly, to
advyse therewith, before their presenting to her Grace.
Follows the answers given be the Queen’s Majestie to the articles
presented to her Grace be the Commissioners of the Assembly
last holden, the 25th of Junii 1565, and also answers and
requests to their answers, now conceavened in this Assembly.
_The Queen’s Majestie’s Answers._
To the first, desyring the masse to be suppressed and abolished,
alsweill in the head as in the members, with ane punishment
against the contraveeners, as also the religion now professed to
be established be an Act of Parliament; it is answered, first,
for the part of her Majestie’s self, that her heiness is no wayes
yet persuaded in the said religion, nor yet that any impietie is
in the masse; and, therefore, believes that her loving subjects
will no wayes preisse her to receave any religion against her own
conscience, quhilk should bring her to perpetuall trouble be remorse
of conscience, and therewith ane perpetuall unquietness; and, to
deall plainly with her subjects, her Majestie neither may nor will
leave the religion wherein she has been nourished and upbrought,
and believes the samen to be well-grounded, knowing, besydes, the
grudge of conscience if she should receive any change in her owne
religione, that she should tyne the friendship of the King of France,
the ancient allya of this realme, and of other great Princes, her
friends and confederats, who would take the same in evil part, and
of whom she may lake for great support in all her necessities; and
having no consideration that may counterweigh the same, she will be
loath to put in hazard the loss of all her friends in ane instant;
praying all her loveing subjects, seeing they have had experience
of her goodness, that she neither has in tymes past, nor yet means
hereafter, to preasse the consciences of any man, but that they may
worship God in sic sort as they are persuaded to be best, that they
also will not preasse her to offend her own conscience.
As for establishing religion in the body of the realme, they
themselves know, as appears well be their Articles, that the same
cannot be done be only the consent of her Majestie, but reqyres
necessarly the consent of the three Estates of Parliament; and,
thereafter, so soon as the Parliament holds, that whilk the three
Estates agrees upon among themselves, her Majestie shall grant
the same to them, and alwayes make them sure that no man shall
be troubled for useing themselves in religion according to their
conscience, so that no man shall have cause to doubt that, for
religion’s sake, many lyves or heritages shall be in hazard.
To the second article it is answered, that her Majestie thinks it
no way reasonable that she should defraud herselfe of so great a
part of the patrimony of her crowne, as to put the patronages of
benefices furth of her own hands; for her own necessitie in bearing
of her great and common charges will require the retention of ane
good parte in her own hands. Nottheless, her Majestie is well pleased
that consideratione being had of her own necessitie, and what may
be sufficient for her, and for the reasonable sustentatione of the
ministers, ane speciall assignatione be made to them in places most
commodious to them, with the whilk her Majestie shall not intromitt,
but suffer the same come to them.
To the third article, her Majestie shall doe therein as shall be
agreed be the Estates in Parliament.
To the fourth article, her Majestie’s liberality towards the poor
shall be alse far extended as can be reasonably required at her hands.
To the fifth article, her Majestie will referr the taking order with
that and alse of the sixth article to the Parliament.
The answers of the Kirk to thir above written follows:--
First, Where her Majestie answers, That she is not persuaded in
religion, neither that she understands any impietie in the masse,
but that the same is well grounded, that is no small grief to the
Christian hearts of her godly subjects; considering that the trumpet
of Christ’s Evengell hes been so long blowne in the countrey, and
his mercy so plainly offered in the same, that her Majestie remains
yet unpersuaded of the truth of this her religione; for our religion
is not else but the same religion quhilk Jesus Christ hes in the
last days revealed frae the bosome of his Father, whereof he made
his Apostles messengers, and quhilk they preached and established
among his faithfull, till the ’gaincoming of our Lord Jesus Christ;
quhilk differs from the impietie of the Turks, the blasphemy of the
Jews, the vaine superstitione of the Papists, in this, that only our
religion hes God the Father, his only Sone Jesus Christ, our Lord,
his Holy Spirit speaking in his Prophets and Apostles, for authors
thereof, and their doctrine and practise for the ground of the same:
the quhilk no uther religion upon the face of the earth can justly
alleadge or plainly prove; yea, whatsomever assurance the Papists hes
for their religion, the same hes the Turks for maintainance of their
Alcorane, and the Jews fare greater for defence of their ceremonies,
whether it be antiquitie of tyme, consent of people, authorietie
of princes, great number or multitude consenting together, or any
uther sicklyke cloaks they can pretend; and, therefore, as we are
dolorous that her Majestie in this our religione is not persuaded,
most reverently we require, in the name of the Eternall God, that
her heines would embrace the means whereby she may be persuaded
of the truth whilk presently we offer unto her Grace, aleswall be
preaching of the Word, whilk is the chief means appointed be God to
persuade all his chosen children of his infallible veritie, as be
publick disputation against the adversaries of this our religion,
deceavers of her Majestie, whensoever it shall be thought expedient
to her Grace. And, as to the impietie of the Masse, we dare be
bold to affirme that in that idoll there is a great impietie; from
the beginning to the ending, it is nothing else but a masse of
impietie; the author, or sayers, the action itselfe, or opinion
thereof concerned, the hearers and gazers upon it, avows sacrilege,
pronounces blasphemie, and committs most abominable idolatrie, as
we have ever offered and yet offers ourselfes, most manifestly to
prove. And where her Majestie esteems that the change of religion
should dissolve the confederacy of allyance that she hes with the
King of France and uther princes; assuredlie Christ’s trew religion
is the undoubted meane to knitt us surely, perfyte confederacie and
friendship with him that is King of kings, and who hes the hearts
of all princes in his hands, whilk ought to be more precious to her
Majestie nor the confederacie of all princes of the earth, without
the whilk neither confederacie, love, nor kindness, can indure.
Concerning her Majestie’s answer to the second article: Whereas, she
thinks it nowayes reasonable to defraud her self of the patronage
of benefices, whilk her Majestie esteems to be ane part of her
patrimonie, and that her Majestie be minded to retain a good part of
the benefices in her own hands to support her common charges:
As to the first point, [it is not our meaning,] that her Majestie
or any uther patrone within this realme should be defrauded of
their just patronages. But we meane, whensoever her Majestie or
any uther patrone does present any persone to a benefice, that the
persone presented should be tryed and examined be the judgement of
learned men of the Kirk, sick as are presently the Superintendants
appointed thereto; and as the presentation of benefices pertains to
the patrone, so ought the collatione thereof, be law and reasone,
appertaine to the Kirk: of the whilk collatione the Kirk should not
be defrauded more than the patrones of their presentatione; for
utherwayes it shall be leasume to the patrone, absolutely to present
whomsoever they please, without tryall or examination: what then can
abide in the Kirk of God but ignorance without all order?
As to the second point, concerning the retentione of ane good part of
the benefice in her Majestie’s own hands: This poynt abhors so far
from good conscience, alsweill of God’s law as frae the publick order
of our common lawes, that we are loath to open up the ground of the
matter be any long circumstances; and therefore we most reverently
wishe that her Majestie would consider the matter with her selfe and
her wise counsell, That howsoever the patronages of benefices may
appertaine to herself, or the retention thereof in her own hands
undisponed to qualified persons, is both ungodly, and alse contrare
to all publick order, and brings noe small confusione to the poor
soules of the common people, who be these meanes should be instructed
of their salvatione. And where her Majestie concludes, in the second
answer, that she is content that ane sufficient and reasonable
sustentatione of the ministers be provided to them, be assignationes
in places most commodious to them, consideration being had of her
own necessitie; as we are desirous that her Grace’s necessitie be
relieved, so our dewtie craves, that we should notifie to her Grace,
the trew order that should be observed to her in this behalfe, whilk
is this: The teinds are properly to be reputed to be the patrimonie
of the kirk, upon the whilks, before all things, they that travells
in the ministrie thereof, and the poor indigent members of Christ’s
body, ought to be sustained; the kirks also repaired, and the youth
brought up in good letters: whilks things being done, then wher
necessitie reasonablie might be supported, according as her Grace and
her godly counsell thinks expedient: allwayes we cannot but thank her
Majestie most reverently of her liberall offer of assignation to be
made to the ministers for their sustentation, whilk not the less is
so generally conceaved, that without more speciall condescending upon
the particulars thereof, no executione is likelie to follow thereon;
and so to conclude with her Majestie at this present, We desyre most
earnestly the saids ministers’ articles to be reformed, beseiking
God that as they are reasonable and godlie, so her Grace’s heart and
the Estates presently conveened may be inclined and persuaded to the
performance thereof.
Sess. 2^d, December 25, 1565.
Anent the generall complaint of ministers, exhorters, and readers,
for wanting of their stipends, and as touching them that hes put
violent hands on ministers for reproveing of vyce, The haill
Assemblie ordained ane generall supplicatione to be presented to her
Majestie and Councell, and alse required the Lord Lindsay and David
Murray, brother to the Laird of Balvaird, to present the same, and to
report the answer again to the Assembly; the tenor whereof follows:--
Unto your Majestie and most honorable Councill, humbly means and
complains,
We, your Grace’s most obedient subjects, the confessors of Christ
Jesus and his holy Evangell within this realme, in name and behalfe
of our ministers, exhorters, and readers; That where oft and diverse
tymes promise hes been made unto us that our saids brethren,
preachers and travellers in the kirk of God, should not be defrauded
of their appointed stipends, neither yet should be in any wayes
molested in their functions, yet notthelesse universallie they want
their stipends appointed for diverse tymes bypast, violent hands
are put in the same, for no uther cause, as they alledge, but for
reproving of vyce, and nane knaws what assurance he shall have of
ane reasonable life in tyme to come: Our maist humble request is
therefore unto your Majestie, that our ministers may be payed of
their bygone stipend, that sic as have receaved assignationes thereof
from the former collectors may have execution of their assignation,
that your Grace pleases to appoint them the assignation promised in
your Hienes last answers to the petitiones of the kirk, so that we
may know by what means our saids ministers shall be sustained in tyme
to come; and, finally, how they may live without molestatione of
wicked men; and your Grace’s answer we most humbly beseik.
Anent the question, Whether any man might marry his wife’s brother
daughter, or his wife’s sister daughter, or what order should be
taken in any sic marriages were made; It was voted, and found be
the word of God, that nane may marry his wife’s brother daughter,
or sister daughter, and if any sic marriages were contracted, to be
null, and not to stand.
Persons revolting from the profession of the gospel, be offering
their children to be baptized after the papistical manner, or
receiving themselves the sacraments of the altar, after admonitione,
to be excommunicat if repentance interveen not.
Sessio 3^{tia}, December 27, 1565.
Anent the complaint given in be the Superintendant of Lowthiane,
against Mr Patrick Craicke, minister of Ratho, for marrying of Robert
Patersone and Jonat Little, in Dummaine kirk, neither the bands being
proclaimed, nor yet satisfactione made to the Kirk of Edinburgh,
according to the tenor of the decreet of the last Assemblie:
The said Mr Patrick granted publickly that he had offended, and
submitted himself to the correction of the kirk. Therefore, be the
haill Assembly, he was ordained to satisfie the will of the Kirk of
Edinburgh, upon two severall Sundayes, be his own open confession,
when the said Kirk of Edinburgh shall require him, and the third
Sunday to satisfie the kirk of Dummainie, where the offence was
committed; suspending for this present all farther correction, in
hope of his better bearing in tyme to come.
The haill Assembly, with one voyce, statutes and ordaines, That no
ministers hereafter receave the parochiners of ane uther parochine
to be married, without ane sufficient testimoniall of the minister
of the parochine wherefrae they came, that the bands are lawfullie
proclaimed, and no impediment found, so that the order that has been
taken be the kirk, in sic affaires, be dewlie observed under the
paine of deprivation frae his ministrie, tinsell of his stipend,
and uther paines, as the Generall Kirk shall hereafter think to be
imponed.
Anent the complaint given in be the Superintendant of Fyfe, against
John Melvill, minister of Carraill, alleadgeand the said John to
proceed to the solemnizatione of marriage betwixt Robert Arnot and
Euphame Corstorphine, notwithstanding ane uther woman claimes the
said Robert: The haill Kirk Assemblie ordained ane inhibitione
to pass against the said John, that he on nowayes solemnize the
said marriage until sic tyme as Mr John Douglass, Rector of the
Universitie, and Mr James Wilkie, Regent, hear the complaints to be
given in be the said Superintendant, and alse be any uther partie
havand enteres, and the same be discussed be them; givand power to
them to give forth sentence according to God’s word, and use the
censures of the kirk against the disobeyers.
Sessio 4^{ta}, December 28, 1565.
Mr John Furde, Minister of Dummanie, is ordained to satisfy, as is
before sett downe in the 3d Session, anent Mr Patrick Craicke, for
his offence, specifiet in the Act of the first Session, suspendand
the said John from all function of the ministrie, in the meantime,
whill the compleating of the said satisfaction, and thereafter to
returne to his vocation of ministrie.
It was asked if it be lawfull that ane minister, what title or honor
ever he bear, receiving sufficient benefite and provisione off
his flock, may leave them, and make his common residence in uther
places, sae that his flock is destitute alswell of his doctrine
and ministrie, as of uther comforts that the flock should receave
of ane faithfull pastor--notwithstanding that worldly reasons may
seem to excuse the absence of some? The answer; No minister of the
Evangell of Jesus Christ, nor no persone receiving sufficient living
for preaching of the Evangell, may, with safe conscience, leave his
vocatione, together with his flock, and the place appointed for his
ordinarie residence, what patrimonie and oversight that ever he hes,
be corruption of tymes, or negligence of rulers, so to doe.
If sic as hes entred in the ministrie, been appointed be the
Superintendants, and received of the people, may leave their vocation
and follow the world, because they have not sufficient stipend?
Answer: Seeing that our Master Christ Jesus pronounces that he is
but ane mercenarie, who, seeing the wolf coming, fleeth for his own
safeguard, and that the very danger of lyfe cannot be ane excuse for
sic as shall fall back from Christ, we nowayes think it lawfull that
sic as ance put their hands to the plough shall leave the heavenly
vocation and return to the prophane world, for indigence or povertie;
lawfully they may leave ane unthankfull people, and seek where Jesus
Christ his Evangell may bring forth better fruit; but lawfully they
may never change their vocation.
If known murtherers, or convict adulterers, together with sic as
committ horrible crymes, may not, upon the notorietie of their fault,
be once denounced excommunicat, for declaration that the Kirk abhors
sic impietie? Answer: The Kirk may and ought to purge herself of
all sic notorious malefactors, provyding the offender be lawfully
called and convict, either be their owne confessione or be witnesses.
The order to call them for the sclander (for civil things we remitt
to the magistrates) we judge to be this: Whensoever sic fearfull
crymes are committed, if it be in the countrie, the minister, reader,
or exhorter of that place, or if there be none, the minister of
the place next adjacent, ought to give notice of the fact to the
Superintendant of that diocie, who, without delay, ought to direct
his summonds, charging the persons sclandered to compear before
him at a certain day and place; or if it be done in towns where
order is established, the Session thereof ought to call the accused
offenders, who, if they compeir, and either alleadge just defense, or
show themselves unfainedly penitent, then must the Superintendant,
or Minister and Kirk without the Superintendant, dispense somewhat
with the rigour of the punishment, secluding only the offender fra
participation of the sacraments till farder tryall of his repentance,
and that both their diligence and sentence to be publickly pronounced
in the kirks where the offence is known. But if the offender be
stubborne, as if he compeir not, or shew himself little touched
with his offence, then ought the Superintendant, with advyce of
the next reformed Kirk, to decerne him or them to be secluded from
participatione of communione with the faithfull members of Jesus
Christ, and to be given to Satan for the destruction of the fleshe,
whoes slaves (be impietie committed and impenitence showen) they
declare themselves to be; and their sentence to be published in all
places where the offence is knowne. If the person or persons secluded
from the sacrament be negligent in seeking reconciliation with the
Kirk, behave themselves insolently or utherwayes then it becomes
penitent persones, the Kirk, after admonitione, may proceed to the
uttermost; for wanton behaviour, after iniquitie committed, is ane
plaine argument of impenitence, and negligence to seek reconciliation
declares that contempt lurks in the heart.
If baptisme administrat be ane papist priest, or in the papisticall
manner, shall be reiterat? When sic children comes to years of
understanding, they should be instructed in the doctrine of
salvatione, the corruption of the papistrie might be declared unto
them, whilk they most publickly damne, before they be admitted to
the Lord’s table; whilks if they doe, there needs not the externall
signe to be reiterat; for no papist ministers baptisme without water
and some forme of words, whilks are the principalls of the externall
signe; we ourselves were baptized be papists, whose corruptions and
abuses now we damne, cleaveing only to the simple ordinance of Jesus
Christ, and to the veritie of the Holy Spirit, whilk makes baptisme
to work in us be proper effects thereof, without any declaration of
the externall signe. If sic children come never to the knowledge of
trew doctrine, they are to be left to the judgement of God.
What order ought to be used against sic as oppress children? As
concerning punishment, the civill magistrate ought therein to
decerne. As touching the sclander, the offenders ought to be secluded
from participation of the sacraments whill they have satisfied the
Kirk, as they shall be commanded.
What punishment shall be used against them that ly in fornication
under promise of marriage, whilk they deferr to solemnizat, and
to satisfie be publick repentance for the sclander given? Answer:
Alsewell the man as the woman should be publickly [admonished] in the
place of repentance; Likewise satisfie on ane Sunday before that they
be married.
[ELEVENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, holden in Edinburgh, within
the Councill-house thereof, the 25th day of Junii 1566: In
the whilk were present Earles, Lords, Barrons of the Privie
Councill, viz. Earle Huntly, Chancellour, and Earle of Argyle,
Alexander of Galloway, Adam of Orkney, ane of the Session, John
Commendator of Lindores, James Balfour of Pittendeth, Knight,
with the Superintendants, Ministers, and Commissioners for
towns, particular kirks: The Invocatione of the name of God be
Mr John Craig, minister of Edinburgh.
Sessio 1^{ma.}
First, for eschewing of confusione in reasoning, and to the effect
that every brother speak with such modestie and measure as becometh
the ministers of God’s word to doe, with consent of the haill
Assembly, John Erskine of Dunn, Knight, Superintendant of Angus and
Merns, was continued Moderator, who was content for the present to
use the samen office.
Ordaines that some of the brethren, in name of the haill Kirk, make
supplication to the Lords of Secret Councill and Session of Justice,
that no excommunicat person have proces before their honors, unto the
tyme they be reconciled to the Kirk, chiefly when excommunication is
notour and objected againes.
Anent the supplication presented to this Assembly be Robert
Commendator of Haly-rude-house, showing in effect, how it was not
unknowne to their wisdomes, That he had diverse godly learned men of
his owne place of Halyrudehouse, sic as Alexander Forrester and Peter
Blackwood, who are men of good conversation and literature, were
admitted and receaved be the Kirk to the ministrie, and how he had
diverse kirks pertaining to the Abbacie, as the kirks of Tranent and
St Cuthbert’s, and alleadged that most decent and convenient it were,
that his said kirks should be served be the servants of the said
Abbay: Herefore, requested most earnestly that the Kirk presently
assembled should transport Mr Thomas Cranstoune and William Harlaw,
now ministers of his said kirks, and place them at some uther kirks,
as should be thought good be the haill Assembly to appoint them, and
to place his saids servants at his saids kirks as ministers, there to
be served be them in tyme comeing; as in the said request at length
was contained.
The Kirk haveing ryply considered the said supplication and advysed
thereupon, caused call before them some of the elders of the said
parochines, and diligently inquired if they had any fault to lay
against their ministers, or if they would be content they should
be transported from them? Answer was given, that they had no cryme
nor fault to lay against their ministers, but was better content
with them then they would be with any uther that would be presented
to them; and attour, on no wayes would be content that any of them
should be transported from them: Therefore, the Kirk presently
assembled on no wayes condescended to the transportation of them,
for the reasons foresaid; But brotherly requested the said Lord
Commendator to provide for some godly ministers for uthers of his
kirks whilks are destitute of preaching of the true word of God, the
speciall food of their souls, which they doubt not but his Lordship
will doe, for discharge of his own conscience.
Sess. 2^{a.} Junii 26, 1566.
The haill Assembly, in respect of the perills and dangers wherewith
the Kirk of God is assaulted, and that be mighty enemies, considered
a generall fast to be published throughout this realme in all kirks
reformed.
Anent the supplication given in be Paull Methven, makand a long
rehearsall of his miserable estate, the supplication presented in his
name to the Generall Assembly holden in Edinburgh in December 1564,
of the estate of the answers thereto frome the said Assembly, of his
long and tedious journey out of England to Scotland, and impediments
that chanced him in the way; finally requests for ane of thir two,
That is, either to suspend excommunication of the Kirk for ane tyme,
and receave him in the fellowship of the same as ane poor sheep,
upon ane condition, wherever he chances to be, upon half ane year’s
warning, he shall be bound to returne againe at command of the Kirk,
and obey sic injunctions as they would command him to doe; or if the
Kirk pleased not this petition, then to committ his answer to such as
the Kirk should appoint, who’s judgement and determination (as his
body might bear) he promised be God’s grace to obey; Finally, all
counsell that have followed heretofore, and himself most humbly, he
submitted to the judgement of the present Assembly; as in the said
supplication at length was contained: Last of all, it was ordained
that he present himself personally before the Assembly; and being
entered, prostrate himself before the haill brethren with weeping
and howling, and commanded to ryse, might not expresse farther his
request, being, as appeared, so farr troubled with anguish of heart,
was desyred to be of good comfort, and to depart to his lodgeing
whill order were taken anent his request. And forsuameikle as in the
said Assembly holden in Edinburgh in December 1564, it was concluded
to receave him to repentance, now rested to conclude upon the manner
thereof that he should doe when and where; and for that purpose
was appointed the Superintendant of Fyfe, Mr John Dowglass, rector
of St Andrews, David Forrest, Mr Hugh Hay, minister of Ruthven, Mr
John Craig, minister of Edinburgh, John Row of St Johnstone, William
Christisone of Dundie, and Adam Herriot of Aberdeene, ministers, that
they, seven or sex of them, should conveene the morrow, at seven
houres before noone, and take order in the premises; and whatsomever
they doe hereanent, to signifie the same to the Superintendant of
Lowthiane and Session of the Kirk of Edinburgh, deliver the said
ordinance to the Scribe of the Generall Assembly, that he may insert
the same among uther acts of Generall Assembly for ane remembrance to
the posteritie.
QUESTIONS AND THEIR ANSWERS.
First, It is asked, If any may contract marriage with ane woman once
married, and her husband departing from her to other countries,
and being absent nine or ten years together, the woman, having no
testimoniall of his death or not?
Answer: That the woman desyreing to marrie ought to seek, or cause
seek, whether her first husband be dead or not, and to report ane
sufficient testimoniall of his death or ever she may joyne herself to
ane uther husband.
Whether that any persone seek ane donation or confirmation of
benefices at the Paip’s Kirks, may be appointed to minister in the
Kirk of God?
Answer: That sic a persone ought not to be admitted to the ministrie
as the question is conceaved.
The Commissioners appointed be the Generall Assembly for ordering of
Paull Methwen his repentance, In consideration of the said Paul’s
lamentable supplication to the kirk, humble submission of himselfe
to the same, and his absence out of this realme the space of two
yeares or more, Ordaines the minister of Edinburgh, that he, upon
ane Sonday after sermone, notifie unto the people the said Paull his
supplicatione, and how the Generall Assembly hes ordained to receive
him to repentance, with the conditions underwritten; and therefore
to admonishe all faithfull brethren that they, within the nixt eight
dayes, notifie the said minister of Edinburgh, if any of them hes any
knowledge, or are fully informed of the said Paull his conversation
and behaviour since his departure furth of this realme, whilk might
imped his receaving to repentance, whilk shall be on this manner,
viz. The said Paull, upon the said two preaching dayes, betwixt the
Sondayes, shall come to the kirk doore of Edinburgh, when the second
bell ringeth, clad in sackcloth, bareheaded and barefooted, and there
remaine whill he be brought into the sermone, and planted in the
publick spectacle above the people, in tyme of every sermone during
the said two dayes; and on the next Sonday thereafter, shall compear
in like manner, and in the end of the sermone, shall declare signes
of his inward repentance to the people, humbly requireing that kirk’s
forgiveness: quhilk done, he shall be clad in his own apparell, and
received in the societie of the kirk, as ane lyvely member thereof,
and this same order to be observed in Dundie and Jedburgh, allwayes
secluding him from any function of the ministrie in the kirk, and
also from participation of the table of the Lord, unto the 25th
of December next to come, when the Generall Assemblie of the Kirk
conveens, into the whilk they ordain the said Paull to resort,
bringand with him sufficient testimoniall from authentick persons,
of these places where he in the meanetyme shall chance to remaine,
reportand his conversatione and behaviour; at the whilk tyme the kirk
shall take further order what shall be done anent him.
[TWELFTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, holden in Edinburgh, in the
Nether Councill-House thereof, upon the 25th day of December
1566: In the whilk were conveened the Superintendants,
Ministers, and Commissioners of Shyres, Towns, and Kirks: The
invocatione of God’s name made be Mr John Craig, Minister of
Edinburgh.
In the first, for order to be observed in reasoning, and that every
brother speak to his purpose, with sic measure as it becomes the
ministers of God’s word to doe, John Eskine of Dunn, Superintendant
of Angus and Mernes, was continued Moderator, whereof he was content.
Sess. 2^{a.} December 26, 1566.
Anent the Assignation of the pensione of money and victualls offered
be the Queen’s Majestie, and her most honourable Councill, for the
sustentation of ministers within this realme, the haill brethren
present, required the ministers being in the Sessione, to pass furth
of the Assembly, and with mature deliberation to consult and advyse,
whether they think good to accept the same for reliefe of the present
necessitie or not.
After long reasoning and mutual conference anent the said
Assignation, returning againe in, the Assembly thought it good, for
support of the ministers’ necessitie, to accept the said offer of
money and victuall, if they might be gotten hastilie; nottheless, in
consideratione of the law of God, Ordaines the persones who heares
the doctrine of salvatione at the mouthes of his ministers, and
thereby receaves speciall food to the nowrishment of their soules,
to communicat temporall sustentation on their preachers: Their
answer is, That having just title to crave the bodilie food at the
hands of the saids persons, and finding no uthers bound unto them,
they only require at their own flock, that they will sustain them
according to their bounden dutie, and what it shall please them to
give for their sustentation, if it were but bread and water, neither
will they refuse it, nor desist from the vocatione. But to take from
others contrare their will, whom they serve not, they judge it not
their dewtie, nor yet reasonable; alwayes they most heartily thank
the Lords that bestowed their labours and paines in purchasing the
foresaid assignatione, most heartily requesting their honours to
persevere, whill they bring it to some perfectione. Nevertheless,
the haill Assemblie solemnly protested that the acceptance of the
foresaid assignatione for the relief as said is, prejudges not the
libertie of the kirk to sute for that thing that justly pertaineth to
the patrimonie of the same, in tyme and place convenient, in any tyme
hereafter.
The same day were proponed thir questions underwritten, and answers
thereto as follows:--Whether if the teyndes properly pertaines to
the kirk, and should only be applyed to the ministers, sustentatione
of the poor, maintainyng of schools, repairing of kirks, and uthers
godly uses, at the discretion of the kirk?
Answered affirmative, without contradiction.
Secondly, If the teynds pertains to the Kirk, and ought and should be
imployed to sic godly uses as said is, Whether, if the ministers, who
are the mouth of the Kirk, may, with safe conscience, keep silence,
seeing the patrimonie of the Kirk maist injustly taken up and wasted
in vain things, be sic persons as bears no office in the Kirk of God;
and, in the meantyme, the ministers ceisand for necessitie, the poor
perishing for hunger, the schools decayand, and kirks falland to the
ground?
Answered: They ought not to keep silence, but earnestly to admonische
every man of his deutie, and desyre all men to suit for that whilk
justly pertaines to the sustaining of the things forsaid.
Thirdly, Whether, if the Kirk may justly require of all possessors
the teynds to be paid to the Kirk only, and inhibite all uthers to
intromitt therewith; and, in case of disobedience, what order shall
be used be the Kirk against them?
Answered: After dew admonitione used, and no obedience found, rouse
the censures of the Kirk.
Sess. 3^a. December 27, 1566.
Anent Mr Knox’s request to passe to the realme of England to visit
his children, and do his other lawfull business; The haill Assembly
granted gladly licence, with letters testimonialls of his honest
conversation and godly doctrine within this Kingdome, with provision,
as is contained in saids letters, the tennor whereof follows:--
The Superintendants, Ministers, and Commissioners of Kirks
within this realme of Scotland, presently assembled, to whais
knawledge thir presents shall come, wisheth grace, mercy, and
peace, from God the Father, and from our Lord Jesus Christ.
Witt your universities, That our loving brother, John Knox, bearer
of thir presents, hes been and is, ane trew and faithfull minister
of the Evangell of Christ Jesus, within this realme of Scotland,
continually thir eight yeares bygone, or thereabout; in doctrine
pure, and sincere in life and conversation, to our sights inculpable;
and hes so fruitfully used that talent granted to him be the
Eternall, to the advancement of the glory of his godly name, to the
propagation of the kingdome of Jesus Christ, and edifying of them
that heard his teaching, that, of dewtie, we most heartilie praise
his godly Majestie for that so great ane benefite granted unto him
for our utilitie and profit; and because he, for the naturall love
and affection whilk he bears to his children, now being within the
realme of England, and favour to uthers his brethren and allya there,
gentlie requested us to grant him licence for ane season to repaire
toward the said realme of England for the causes abovementioned; We,
after mutual conference in full Assembly, thought this petition just
and reasonable; and, therefore, all in ane voyce, grants licence to
our said brether, according to the Q. Majestie’s conduct, to pass
to the said realme, what tyme he shall think most commodious for
his journey; provideing alwayes, that he returne to this realme of
Scotland before the 25th of the moneth of June next ensuing, to
continue in his former vocatione, and no utherwayes; and this we make
it knowne to all and sundrie whom it effeirs be thir our letters
testimonialls, given at Edinburgh in our Generall Assembly, and
third Session thereof. Subscribed be the Clerk of the same the 27th
of December.
Attour, ordained ane Letter to be direct to the Bishops of England,
that they would be content gently to handle the brethren preachers,
touching the habits, supercloathes, and uthers abulziements, whilks
appearantly tends more to superstitione nor edificatione; and
requests Mr Knox to put the heads in write whilks he thinks necessare
to be written to the saids Bishops; the tenor whereof follows:--
The Superintendants, Ministers, and Commissioners of Kirks within
this Realme of Scotland, To their Brethren, the Bishops and
Pastors of Ingland, who hes renounced the Romane Antichrist,
and does professe with them the Lord Jesus in sincerity,
desyres the perpetual increase of the Holy Spirit.
By word and write, it hes come to our knowledge, Reverend Pastors,
that diverse of our dearest brethren, amongst whom are some of the
best learned within that realme, are depryved from ecclesiasticall
sunshine and forbidden to preach, and so by you are stayed to promove
the Kingdome of Christ, because their conscience will not suffer them
to take upon them, at commandment of the authoritie, sick garments as
idolaters in tyme of blindnesse have used in their idolatrie, whilk
bruit cannot be bot most dolorous to our hearts, mindfull of that
sentence of the Apostle, saying, If ye byte and devowre one another,
take heid lest ye be consumed one of another. We purpose not at this
present, to enter into the ground whilk we hear of aither partie,
to be agitate with greater vehemencie then well lyketh us, To witt,
whether sic apparell is to be counted amongst things simple and
indifferent or not. But, in the bowells of Christ Jesus, we crave
that Christian charity may so prevaill in you; in you, we say, the
Pasters and leaders of the flock in that realme, that ye doe not to
uthers that quhilk ye would not have uthers doe to you. Ye cannot
be ignorant how tender a thing the conscience of man is. All that
have knowledge are not alyke persuaded, yet conscience reclaims not
at the wearing of sic garments, but many thousands, both godly and
learned, are utherwayes persuaded, whose consciences are continually
stricken with thir sentences--What has Christ to do with Belial?
What fellowshid is betwixt light and darkness? If surcloaths,
cornet, cape, and tippet, hes been badges of idolators in the very
act of their idolatrie, what hes the preacher of Christian libertie
and the open rebuke of all superstitione to doe with the dreggs of
that Romish beast? Yea, what is he that ought not to feare either
to take in his hand or forehead the print and mark of that odious
beast? Our brethren that of conscience refuses that unprofitable
apparell does rather now molest you that use sick vain trifles: if
ye shall doe the like to them, we doubt not but therein ye shall
please God, and comfort the hearts of many whilks are wounded with
the extreamitie that is used against these godly and our well-beloved
brethren. Collour of Rhetoric or manly persuasion will we use none,
but charitablie we desyre you to call that sentence of Peter to
minde; Feed the flock of God whilk is commited to your charge, caring
for it, not be restraint but willingly, not as though ye were lords
over God’s heritage, but that ye may be ensamples to the flock.
And, farder, alse we desire you to meditate on that sentence of the
Apostle, saying, Give nane offence, neither to the Jews, nor to the
Grecians, nor to the Kirk of God. In what condition of tyme ye and we
both travell in the promoving of Christ’s Kingdome, we suppose you
not to be ignorant; and therefore we are more bold to exhort you to
walk more circumspectly then that for sick vanities the godly should
be troubled; ffor all things that may seeme lawful edifie not. Give
the commandment of the authoritie urge the conscience of you and our
brethren farther than they can bear, we unfainedly crave of you that
ye remember ye are called the light of the world, and the salt of the
earth. All civil authoritie hes not the light of God alwayes shyning
before their eyes in their statutes and commandments; but their
affections savour over meikle of the earth and of worldly wisdome,
and, therefore, wee think you should boldly oppone yourselves to all
that power that will or dare extoll itselfe not only against God, but
also against all sic as dare burden the conscience of the faithfull
farder then God hes burdened them be his own word. But herein we may
confesse our offence in that we have entered farther in reasoning
than we proposed and promised at the beginning; and, therefore, we
shortly returne to our former humble supplication, whilk is, that
our brethren, who amongst you refuse the Romish raggs, may finde of
you the Prelats sic favour as our Head and Master commands every
one of his members to show to one another, whilk we look to receave
of your gentleness, not only for that ye feare to offend God’s
majestie in troubling your brethren for sic vain trifles, but also
because ye will not refuse the humble request of us, your brethren
and fellow-preachers, in whom, albeit there appear not great worldly
pomp; yet we suppose that ye will not so farr despyse us, but that
ye will esteem us to be of the number of them that fight against
that Roman Antichrist, and travell that the Kingdome of Christ may
be universally advanced. The dayes are evill, iniquitie abounds,
Christian charitie is waxin cold, and, therefore, we ought more
diligently to watch, for the hour is uncertaine when the Lord Jesus
shall appear, before whom ye, your brethren, and we, must give ane
account of our administratione. And this, in conclusione, again we
once crave favor to our brethren, whilk granted, ye in the Lord shall
command us in things of double more importance. The Lord Jesus rule
your hearts in true feare unto the end, and give unto you and us
victorie over that conjured enemie of all true religione, to witt,
over that Roman Antichrist, whose wounded head Satin preases by all
means to cure again. But to destruction shall he and his maintainers
goe, by the power of our Lord Jesus; to whose mighty protectione we
heartily committ you. From Edinburgh, out of our Generall Assembly,
and third Sessione thereof, the 27th of December 1566.
Your Loving Brethren and fellow-preachers
in Christ Jesus.
Ordains ane humble supplication to be made to the Lords of Secret
Councill anent the Commissione of Jurisdictione supponed granted to
the Bishop of St Andrews, to the effect that their honors stay the
same, in respect that these causes for the most part judged be his
usurped authority, pertaines to the trew Kirk; and howbeit, for hope
of other things, the Kirk oversaw the Queen’s Majestie’s Commissione
given therintill to sic men who for the most part were our brethren,
yet can the Kirk no wayes be content that the Bishop of St Andrews,
ane common enemy to Christ, to use that Jurisdictione, and alse in
respect of that colloured Commissione, he might againe usurp his old
usurped authority, and the samen might be the meane to oppresse the
whole Kirk be his usurped judgement.
The tenor of the supplication follows:--
The Generall Assembly of the Kirk of Scotland, conveened at
Edinburgh the 25th of December 1566, To the Nobilitie of this
Realme that professe the Lord Jesus with them, and hes renunced
that Roman Antichrist, desyre constancie in faith, and the
spirit of righteous judgement.
Seeing that Satan, be all our negligences, (Right Honourable,) hes
so far prevailed within this realme of late dayes, that we stand
in extream danger not only to losse our temporall possessions, bot
also be depryved of the glorious Evangell of Christ Jesus, and so
we and our posteritie to be left in damnable darkness, we could
no longer contain ourselves nor keep silence, lest in so doing we
might be accused as guiltie of the blood of sic as shall perishe for
lack of admonishment, as the Prophet threatens. We, therefore, in
the fear of our God, and with grief and anguish of heart, complains
unto your honors, yea, we must complaine unto God and to all his
obedient creatures, That that conjurit enemie of Jesus Christ, and
cruell murtherer of our dear brethren, most falsly styled Archbishop
of St Andrews, is reponed and restored be signator to his former
tyrannie: ffor not only are his ancient jurisdictions (as they are
termed) of the haill bishopric of St Andrews granted unto him, but
also the execution of judgement, confirmatione of testaments, and
donatione of benefices, as more ample in his signator is exprest.
If this be not to cure the head of that venemous beast whilk ance
within this realme, be the potent hand of God, was so banished
and broken downe that be tyranny it could not hurt the faithfull,
judge ye. His antient jurisdictione was, that he with certaine
his colleagues collateralls, might have damnit of heresie, upon
probatione as pleased him, and then to take all that were suspect of
heresie heretofore. Ye cannot be ignorant judges whether they remaine
in their former malice or not: their states and travells openly
declares. The danger may be feared, say ye; but what remedie? It is
easie and at hand, Right Honourable, if ye will not betray the cause
of God and leave your brethren, whilk never will be more subject to
that usurped tyrannie then they will unto the Diuell himselfe. Our
Queen belyke is not well informed. She ought not, nor justly may
not, breake the lawes of this realme; and so consequently she may
not raise up against us, without our consent, that Roman Antichrist
againe: ffor in ane lawfull and free Parliament as ever was in the
realme before, was that odious beast depryved of all jurisdictione,
office, and authority within this realme. Her Majestie, at her first
arryvall, and be diverse her proclamations sinsyne, hes expressly
forbidden all uther forme and fact of religione then that whilk she
fand publickly established at her arryvall: Therefore she may not
bring us the greatest part of the subjects of this realme back againe
to bondage, till that alse lawfull and alse free ane Parliament as
justly damned that Antichrist and his usurped authority have given
decision betwixt us and him heirof, and of uther things that no less
concerns yourselfes then us, ye plainly and boldly admonishe our
Soveraigne, and without tumult only crave justice. The tyrants dare
no more be seen in lawful judgement, nor dare the howlats in the
day light. Weigh this matter as it is, and ye shall finde it more
weighty then to many it appears. Farther, at this present we complain
not, but humbly craves of your honors ane reasonable answer, what
ye will doe in case that sic tyrants, devowering wolves be given
to invade the flock of Jesus Christ within this realme, under what
title that ever it be; ffor this we boldly confess, that we will
never acknowledge uther pastors to our saules, nor yet judges to our
cause; and if that for denyall thereof, we either suffer in body or
goods, we doubt not but we have not only ane Judge to punishe them
that unjustly trouble us, but also ane Advocat and strong Champion in
heaven, to recompense them who for his name sake suffer persecutione,
whose Holy Spirit so rule your hearts in his trew fear unto the end.
Your Lordships’ answer yet again we crave. Given in the Generall
Assembly, and third Session thereof, at Edinburgh, December 27, 1566.
QUESTIONS AND THEIR ANSWERS.
Ane certain married man past to the warrs of Denmark about four years
since. His wife has joyned her self to ane uther man within this two
years in whoredome; now they desire to be married, because they have
the attestation of two unsuspect witnesses who spake with Captain
Clerk, that her husband was slaine in the Castle of Baronebar in
December, upon Pasche day bygane ane year: _Quæritur_, Whether the
parties may be joyned in lawfull marriage or not?
Ordaines the names of the persons to be given up to the Session
of the kirk where they dwell, to be accused criminalie for their
offences given in tyme of her husband’s lyfe, or before the
knawledge of his death, she ioyned her bodie to the uther man, that
they both may be punished accordingly.
Ane man forewarned that he might not marry his father’s sister,
past in contempt of the kirk, and was married in the Chappel Royal,
December 1566. _Quæritur_, What order shall be taken therewith?
Ordaines to dilate the parties to the Justice Clerk and the Kirk, and
to declare their names, that they may be punished.
And further, because diverse persons, alswell women as men, who
are separate for adulterie, the partie offendand joynes himself in
marriage againe, contrare the law of God, wherethrough great sclander
and inconveniences follows; Ordains the Superintendant to admonishe
all ministers within their jurisdictiones, that nane joyne any partie
separate for adulterie in marriage, under the paine of removeing from
the ministrie.
Sessio 4^{ta}, December 28, 1566.
Anent Bishops, Abbots, Priors, and uthers persons beneficed being
of the kirk, who receaves teynds, and waites not upon the flock
committed to their cure, neither presents themselves to the Generall
Assemblie: Ordains all Superintendants to warn all Bishops, Abbots,
&c. that receaves teynds within their iurisdictiones, and where no
Superintendants are, that the Superintendant nearest send his letter
to the minister next adjacent, to summond the forsaids persons to
compear at the next Generall Assembly, to give their assistance and
counsell to the said Assembly, in sic things as appertaine to the
Christian religion and preaching of the true word; and ffarther, to
know the ordinance of the kirk to be made thereanent.
[THIRTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, conveened at Edinburgh, in the
Nether Tolbooth thereof, the 25th of Junii 1567: In the whilk
were present, the Earles, Lords, Barrons, Superintendants,
Ministers, and Commissioners of Towns. The invocation of God’s
name was made be Mr John Craig, Minister of Edinburgh.
Sessio 1^{ma}, Junii 25, 1567.
For eschewing of confusion in reasoning, the whole Assembly present
named Mr George Buchanan, Principal of St Leonard’s Colledge, in St
Andrew’s Colledge, Moderator dureing this Convention, who accepted
the charge _hac vice_. The Kirk appointed the Lairds of Dun and
Bargany to pass to the Lords of Secret Council, and to require their
Lordships to conveen and concurr with the kirk presently assembled
for hearing of sic articles as shall be thought good for establishing
of God’s word, the trew religion, and supporting of the ministers
within the realm.
Sessio 2^{da}, Junii 26, 1567.
Forswameikle as it is thought good be all the brethren presently
conveened, That ane Assembly Generall be appointed againe to conveene
the 26th day of July nixt to come, in this towne of Edinburgh, for
setting forward of sic things as shall at that tyme be proponed;
and for that purpose, Ordaines to write Missives to all and sundrie
earles, lords, barrons, and uthers brethren, requeisting them to
conveen the said day; and to that effect, appointed all commissioners
to present the said missives, and require, according to their
commissions.
Tenor of the Letters Missive sent to the said Earles, Lords,
Barrons, and Commendators of Abbays, follows:--
My Lord, (or Worshipfull Sir,) after our most hearty commendationes
of service in the Lord Jesus: Having now of lang tyme travelled
both in publick and private with all the estates, craving of your
honors in speciall, that the course of the evangell of salvation,
now ance of the liberall mercy of God restored to this realme, might
continue to all your comfort and your posterities; and that for the
maintainance and furtherance thereof, and perfyte policie and full
liberty, might be granted to this reformed kirk within Scotland; the
ministrie, the poor and failzied provided for sufficiently, as God,
good policy, and civill lawes, ordaines and requires, and that all
superstition, idolatrie, and the monuments thereof, might be utterly
removed and banished out of the realme, whilk God of his infinite
mercy hes so lovingly called from darkness to light. This matter,
indeed, was lyked of all men, but sic impediments gave the enemie of
the kirk, in his members, to stay the good work of God, that moyen
could there nane be had; but be contrare, at every light occasione
the ministrie frustrate of all life and sustenatione, the lamed and
impotent members of Christ lying in the strait of dying, perishing
for hunger and cold--yea, and the haill flock of Christ Jesus within
this realme continuallie threatened with the execution of that most
cruell decreet of the late Councill of Trent, wherin was determined
and decreeted to make ane sacrifice of the haill professors within
all Europe, be the tyrannie of that Romane Antichrist. We are not
ignorant how far the samen was attempted be way of deed within
the realme of France, how farr now in Flanders and the parts near
adjacent thereto, and also what practising to that effect hes been
continually thir three years bypast, and even now, of late dayes
within our own bowells, be our common conspired enemies, alsweill
within as without this realme; how they went to their enterprize, if
God had not of his meere mercy prevented, beyond all our knowledge
and expectation, their cruell and crafty practises: Upon the whilk
consideration, the Assembly, at this present Conventione of the Kirk,
accustomed at the course of tyme occurrand, hes found it needfull and
expedient to repare the decay and ruine of the kirk so vertuouslie
begune amongst us, be ane universall concurrence and consent of the
haill professors of Christ Jesus within this realme, and be the
same meanes to evite the foresaid danger hingand over our heads,
proceeding from the craft of our implacable enemies, alswell within
as without the same; and to that effect hes ordained ane Generall
Assembly of the haill professors of all estates and degrees, within
the Kirk of Scotland, to be holden within the town of Edinburgh, upon
the 20th day of the next moneth of July, whereby ane perpetuall order
may be taken for the liberty of the Kirk of God, sustentation of the
ministers, and failzied members thereof, and that ane sure union
and conjunctione may be had for the liberty of God’s Kirk, whereby
we may be able to withstand the rage of violence of our foresaid
enemies: And because it has pleased the goodness of God so to move
your lordship’s heart, that ye are become ane notable instrument and
minister of his kirk, as our hope is, so shall our prayer be, that ye
may continue increasing from vertue to vertue, unto life everlasting.
We thought it our duty, in name of our haill brethren here conveened,
to notify to your lordship the foresaid appointment of the said
Assembly, and in the name of the Eternall, our God, to recommend to
your care and solicitude the building of this ruinous house of God
within this realme; requireing also, in His name, that ye will give
your personall presence, labours, and concurrences to that effect, as
in the foresaid Assembly to be holden the said day; that the haill
body may be comforted be the presence and good advyce of so notor ane
member thereof: And because we doubt nothing but your lordship shall
be present, showing so long experience of your good part in all tymes
past, we cease to trouble you with longer letter, referring the rest
to be declared be our brethren the commissioners of the kirk, who,
to this effect, are direct to your lordship and uthers our brethren
in these parts; and we, for our part, with earnest prayer before
God, shall pray to augment in you his love and fear, and bless your
lordship, to the comfort of his kirk. Amen. From Edinburgh, the 26th
of Junii 1567.
Be your lordship to command, with service in Christ Jesus, in
name and at command of the rest of our brethren here assembled.
Sic subscribitur, John Erskine of Dun, Mr John Spotswood, John
Dowglass, John Knox, John Row, and John Craig.
The names of the persons to whom this Letter was directed are, the
Earles Huntlie, Argyll, Cassills, Rothes, Crawford, Menteith, and
Glencairne; Lords Boyd, Drummond, Hereis, Cathcart, Zester; Master
of Grahame, Fleming, Livingstone, Forbes, Saltone, Glames, Ogilbie;
Master of Sinclare, Grey, Oliphant, Methven, Innermaith; Master of
Flowrievaill; Barrons Lochinvar, Garles, Shreff of Aire, Glenurchart,
Sir James Hamiltone, Bonytoune; Commendators, Arbroth, Kilwinning,
Dumfermling, St Colmes, Newbottle, Halyrudehouse. The Superintendants
and quarters of countries were ordained to direct this letter to the
forsaids persones severallie.
Tenor of the Commissiones given to every ane of the forsaids
Commissioners within every one of their bounds respective,
followes:--
Forsuameikle as Satane, this lang tyme, in his members, has so raged
and perturbed the good success and proceedings of Christ’s religione
within this realme be craftie meanes, and subtill conspiracies,
that the same from tyme to tyme doeth decay, in hazard altogether
to be subverted, unless God of his mercy finds hastie remeid; and
that chiefly through the extreme povertie of the ministers who
should preach the word of life to the people, who therethrough are
compelled some to leave the vocatione alluterly, and some uther so
abstracted be careful povertie that they may not insist so diligently
in the exercise of the word as they would doe: And therefore the
Kirk, presently conveened at Edinburgh in this Generall Assembly, hes
thought it most necessare be thir presents to request and admonishe
most brotherly, all sic persons as truely professe the Lord Jesus
within this realme, of what estate or degree that ever they be,
alswell the nobility, barons, and gentlemen, as all uthers trew
professors, to conveen in Edinburgh the 20th day of July next in
their personal presens, there to assist with the Councill and power
for order to be taken, alswell towards the establishing of Christ’s
religione universallie throughout this realme, and abolishing of the
contrarie, whilk is Papistrie, as the sustentatione of ministers,
not only for the present tyme and instant necessitie, but also for
ane perfect order to be taken in all tyme comeing, toward the haill
libertie of the patrimonie of the Kirk, and the dew restoring of
the same to the just possessors thereof according to the word of
God: With certification to all and sundrie, of what estate or degree
whatsoever they be, that compears not, due advertisement being made
to them, that they shall be repute hereafter as hinderers of this
most godly purposs, and as dissimulate brethren, unworthie to be
esteemed hereafter of Christ’s flocke; seeing God of his mercy at
this present hes offered some better occasion nor in tyme bygone,
and hes begune to tread downe Satan under foot, and for the due
requisitione and admonitione, in name of the Eternall God, to the
effect forsaid, of all and sundrie the brethren, alswell in burgh
as to land, The Kirk presently conveened in this Generall Assembly
be thir presents gives their full power and commission to their
lovites (N. and N.) for the bounds of (N.) In verification hereof,
thir presents are subscribed be the common clerk of the Kirk in the
Generall Assembly, and second Session thereof, holden at Edinburgh
the 26th of Junii 1567.
Sess. 3^{a.} Junii 27, 1567.
QUESTIONES AND THEIR ANSWERS.
Ane man being accused of notorious fornication, promised faithfully
to the minister for the tyme to abstaine in all tyme comeing from all
society with that woman, and in case he chance to have any dealings
with her hereafter he should marry her--thereafter he meddled with
the same woman: _Quæritur_, whether this man may be compelled to keep
the forsaid promise or not?
The Kirk ordaines all sic promises to be of none effect, and that
none be compelled to marry upon sic promises; and ordaines this
offender to be punished for his offence.
Whether if it be lawfull to marry her whom he before in his wife’s
tyme had polluted with adulterie, his wife now being dead?
The Kirk will not grant this thing to be lawfull that God’s law
damns; neither yet admitt any sic marriage for causes contained in
the law.
Ane man being divorced for adulterie--_Quæritur_, whether he may
marry again or not?
The Kirk will not resolve herein shortly, but presently inhibits all
ministers to meddle with sic marriages, whill full decision of the
question.
Sessio 4^{ta}, Junii 28, 1567.
Anent ane complaint given in be the brethren of the kirk of Machlin,
That where they had, be the just law of God, pronounced the sentence
of excommunication against John Spottswood of Foulde, sometyme ane
Elder of the said kirk, for the horrible cryme of adultrie committed
be him; Nottheless, Sir William Hamiltone of Sanquhair, Knight, now
ane Elder of the said kirk, plainly maintaineth the said John in his
house, notwithstanding the said John is excommunicat, to the greate
sclander and offence of God his law: And albeit the said Sir William
hes been diverse tymes admonished to withdraw his familiar company
frae the said Johne, yet not abstract the same, to the offence of
many; requireing the Kirk presently assembled to take order herein,
according to the wisdome of the brethren present, that farder
sclander ryse not therethrough.
The Kirk ordaines ane letter to be sent to the said Sir William,
requireing him to remove the said John Spottswood out of his company,
and the same to be subscribed be the Clerk of the Assembly; the tenor
whereof follows:--
Right Worshipfull, &c.--Forsuameikle as we are informed be the
minister and ane part of the elders of the kirk of Machlein, that ane
called John Spottswood, sometyme an elder of the said kirk, for the
adulterie committed be him in the tyme he was an elder, and the same
beand sufficiently proven, hes been, and is publickly excommunicat;
Nottheless ye now, being ane elder of the said kirk, contrare to your
charge and vocation, maintaines and keeps in your company the said
John, notwithstanding diverse admonitions made to you to put him
therefrae, to the great contempt of God’s ordinance, and sclander
of the Kirk of Jesus Christ, whilk we looked not for at your hands,
being placed in so honourable ane rowme within this kirk: Therefore,
this is most heartily to require you, in the name of the Eternall
God, and as ye look to reigne with [his] Son Jesus Christ for ever,
to remove from you all manner of sclander, and be not partaker of
uther men’s sins, but remove from your societie that wicked persone,
who being abhored be the faithfull, may be God’s grace repent his
impietie, and returne to that company of the ffaithful, from the
whilk be his hainous offence he hes so horribly fallen; in the
whilk doing ye shall not only please God, but also have praise of
us your brethren; utherwise we may not with safe conscience suffer
sic maintaining of wickedness, but must oppose ourselves thereunto,
and use the censures of the kirk, alsweell against the maintainer
as the committer of manifest crymes: And this, wishing unto you the
spirit of righteous judgement, committ you to the protection of the
Omnipotent.--From Edinburgh, out of our Generall Assembly, and fourth
Session thereof, the 28th of Junii 1567.
The haill kirk thought good that ane publick ffast should be
proclaimed in the toune of Edinburgh only, to begin on Sunday the
13th of July nixt, and on Sunday the 20th of the same; and so was the
Assembly dissolved, and appointed the 20th day of July nixt to come
to Edinburgh.
[FOURTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, conveened at
Edinburgh, the 21st day of July 1567; In the whilk were
assembled Earles, Lords, Barrons, whose names are written after
the Articles be them subscribed, with the Superintendents,
Ministers, and Commissioners of Townes. Thanks was given to God
be Mr John Craig, Minister of Edinburgh.
Sess. 2^a, Julii 22, 1567.
Tenor of the Letter of Excusatione of the Earle of Argyle, of his
absence from this Assembly, followeth:--
After our most hearty commendatione: We have receaved your writings.
Understandand be the same your earnest travells and godly zeale in
erecting of this our kirk within Scotland; according to our dewties
and your Assembly to this effect, wherunto ye have desyred us, yet
somethings having admiratione that ye should have assigned your
Assembly, whereunto ye desyre the principall members of the haill
kirk, without their owne advyce and consent. Having concurred with
them of before alsweell anent the places of Assembly as in matters
to be treated in the same, be reasone the brethren else assembled
in Edinburgh are in armes, and as we understand, the rest that is
to come there comes in the lyke manner, whilk is far by the use and
customed manner we have seen before; and as it is not unknown unto
you what varietie is presentlie in this realme, yet not doubting
your intents and myndes to be only direct as ye have afore showen:
Nottheless, because our brethren else assembled in Edinburgh are in
armes, accompanied by men of weir, we not being participant with
their proceeding, neither yet hes adjoyned ourselves thereintill,
cannot at this tyme be present at the tyme appointed, according to
your desyres; yet assuring you, likeas in tyme past we not only have
bestowed our goods in the maintainance of God’s cause, but also
has hazard our life and our friends, in the same state we mynde to
continew; and since the impediment to our conveening, albeit willing
to all godly proceedings, is for the causes after specified. In
the mean tyme, we will earnestly request you that no novations nor
alterations be made or attempted whill our meeting, whilk we trust in
God shall be shortly, so that none of our brethren nor we in absence
have occasion to mislyke any of your proceedings; because sic grave
matters requires ane common consent alswell in their approveing as
that they may the better be born with: for your awn wisdomes we
doubt not will consider the factiones of our adversaries, that they
will never allow our doings, and therefore it is more than necessar
there be no diversitie of mindes amongst ourselves; yea, we will
finde all matters frame the better if we be all present when they are
concluded: So, not willing to impasche you with long letters, hes
committed farther of our minde to this bearer your servitor, to whom
please give credite; and so committs you to God. The 18th of Julii
1567.
Your assured in the Lord,
AR. ARGYLE.
The tenor of the Commendators of Arbroath, Kilwinning, and my
Lord Boyd’s excusations, agreeing in all poynts, follows:--
After most hearty commendationes in the Lord Jesus: We have received
your writting, dated at Edinburgh, the 26th of Junii, schawand
in effect, albeit God in his goodness hes sent the light of the
Evangell of salvation within this realme, to the great comfort
and prosperitie of all the faithfull within the samen, and their
posterities; yet, nevertheless, Satane, with his ministers, at every
light occasion hath frustrate, in tymes past, the ministrie of their
life and sustentation, the lame and impotent members of Christ
alsweel frustrate of their livings, dieing in the street for hunger
and cold, and the haill flock of Christ Jesus within this realme
continually threatened to be made sacrifice of be the practice of the
enemies, as your writtings containes at length: ffor meeting of the
whilk, and provyding remead thereto, ye desyre us to be in Edinburgh
the 20th of this instant at the Assembly of the Kirk, whereby ane
perpetuall order may be taken for the libertie of the Kirk of God,
the sustentation of the ministrie, and the failzied members thereof,
so that the haill members of the Kirk might be sure union and
conjunction, be more able to gainstand the violence of the foresaids
enemies.
For answer: It is not unknown unto you how the nobilitie of this
realme is divided be reason of the Q. Majestie holden where she is,
and that the towne of Edinburgh, where ye desyre us to conveen, is
keeped straitly be ane part of the nobilitie and men of warr of
their retinue, to whose opinion we are not adjoined as yet; and,
therefore, we cannot think ourselves sure to conveen the said day
and place ye desyre us to keep; and also thinks marvell the haill
multitude of Protestants within this realme should have been desyred
to have conveened in sic ane place; the matter standand as it does.
Nevertheless, we favour our party shall be willing to sett forward
at all tymes the light of Christ’s Evangell to be clearly preached,
and the ministers thereof to be sustained, and the furthering of the
policie concerning the Kirk in all sorts, so far as it may stand be
ane law. Likeas, we have been in all tymes bypast, since it pleased
God to open our eyes and shew the light of his blessed word; and thus
will cumber you with no longer Letter, but prayes God to have you in
his eternall protectione. At Hamiltoune, the 19th of Julii 1567.
Your loving friend at power in all godliness,
ARBROTH.
ABERDEEN EXCUSATIONE.
Right Honorable and weel-beloved brethren, after our hearty
commendationes in the Lord Jesus Christ: This present is to advertise
you that we have received your Letter; and, at the requisitione of
our minister and Provest, haveing commissione thereto, hes sighted,
seen, and considered your writting and Act of the Generall Assembly,
in the whilk is contained the great labours taken be Satane and his
members making impediment to the proceedings of the Evangell and
furthsetting of the glory of God, sustentation of the ministrie, the
poor and needy, and the contraire now to be provided be the Assembly
Generall of the Christian Kirk of this realme now to be conveined,
the 20th of July instant, craving of us our concurrence to the effect
forsaid, together with our personal presence. It shall please your
Wisdomes; understand, and most assuredly believe us professors of
the Evangell of the Kirk, within the Burgh of Aberdeen, to be of ane
minde, and, be the grace of God, to continue to the maintenance of
the furthsetting of the Glory of God, teaching of the true Evangell
and sustentation of the ministers, with help unto the poore, and unto
the tyme your Wisdomes, with the nobilitie, find ane order universall
for the ministrie, we shall, for our own part, God willing, sustaine
our minister, so that of reason he shall have no cause to plaint,
and to the poore after our power doe semblablie, as uther burroughs
shall take order; and, as to our personall presence to conveen at
this tyme, hes given and sent our minister, Adam Herriot, to concurr
and assist in our name to the effect forsaid, and to declare unto
your Wisdomes the impediment of our personall presence at this tyme;
praying your Wisdomes, notwithstanding our absence, to credite us
faithfullie to abide at your decree to be sett out be you and the
Assembly, to the effect foresaid, and to maintain the samen with
our bodies and goods as tyme shall reqyre. And, farther, having no
occasione at this present to wryte, committs you to the protectione
of the Highest. Written at Aberdeene, the 12th of this instant, and
subscribed with our Provest’s hand, at our command, at Aberdeene, be
them that are your assured,
THOMAS MENZIES.
Sess. 3d, Julii 23, 1567.
Certain brethren were appointed to conveen to sie and advyse upon the
Assignatione of the Stipends of the Ministrie lately assigned be the
Queen’s Majestie, the good payment, who fand in effect as follows:--
We have seen the assignationes within the shreffdomes of Kincardine,
Forfar, Perth, and Fyfe, and finds that all the haill contained
therein, at least for the most part, hes been thankfully payed, and
that the collector hes given his charges for payment thereof duly,
and rests nothing but to put them to the horne, that there be letters
direct, and commission given in the said letters, with consent of the
thesaurer, to collect and uptake the haill fruits of the benefices
of so many as past to the horne for the 1566 year, and sicklyke for
the 1567 year instant, so long as they remane, and to make compt of
the thrid to the ministrie, and so meikle of the two part as they
intromett with to the thesawrer as escheat; and as to the victuall
within the forsaids shyres, we finde that long before any letters
raised upon this assignation, and before the baptisme of the prince,
they were sold to the comptroller, and therefore he must be charged
in his compts to rander sa meike of the prices heirof againe to the
ministers, as is contained in his assignation. Touching the thirds
of the ministers’ assignation beyond Die, except Orkney, findes be
the collector that the 1566 yeares cropt is not used to be payed
whill Lambes in the 1567 year after; and for execution given to him
within bounds shall pass with the possible diligence, and charge that
haill bounds according to the letters, of the whilks he supposes good
payment, as hes been of before, except the bishoprick of Caithness,
whilk the collector alleadges the bishop payes to his ministers of
his own kirk, conforme to the book and compts made of before. _Item_,
Deare, Dunnett, and Pilorthe, are given free to the Earle Marschell,
and the friars of Aberdeen, to Captain Lauder; but it is understood
that all the gifts are revoked, and therefore the collector is to
charge them. _Item_, The victuall within the same bounds are sold
_ut supra_, and therefore the comptroller in his compts shall render
conforme to the first article. _Item_, Besouth Forthe nothing
gotten in; but the collector alleadges that Duncan Livingstoune hes
taken up 11 sh. of xxxvij lb. 11 sh. ijd., as he hes granted be the
particular receipt, and therefore he must be charged to delyver the
same to the said collector. _Item_, Of the thrids contained within
his collectorie, that it is alleadged discharged of the Abbay of
Cambuskenneth, to 323 lb. 6 sh. 8d. 3 chalders beir, and 3 chalders
meall. The thrids of Drybrugh, 304 lb. and 62 part boll qwhyte, 8
chalders, 2 bolls, two part boll beir, 7 chalders, 10 bolls, two part
boll meill.
The thirds of Melros, Haddingtoune, and Northberrwick, the third of
Kelso and Coldinghame; as to Dumfries, Annandale, and Kirkcudbright,
and Wigtoune, the Bishope of Gallaway hes deput certain collectors
for satisfactione of the ministers within the samen.
_Item_, Within Kyle, Carrick, and Cunninghame, executiones past, and
believes to have payment at the nixt ganging in the countrie. _Item_,
Corsraguel is given frie, and the minister of Fairfurd is evill
payd that the act be reised, made be the Queen’s Grace and Secret
Councill, dischargeing the gifts and tacks of all the thirds, and
that nane be given hereafter, without advyse of the Secret Counsell,
to the effect the collector may charge, notwithstanding any sic
gifts. Remember that ilk collector execute within his bounds, that
letters be direct, with consent of the thesaurer, according to the
first article.
The Noblemen, Barrones, and uthers undersubscryvand in this present
Assembly of the Kirk of God, hes condescended and agreed to the
articles following, at Edinburgh, Julii 20, 1567:--
In the first: Forswameikle as there was ane Parliament holden in
this realme, before the Queen’s Majestie’s arrivall in the same, be
the estates conveened for the tyme, authorized with her Heines own
power and commissione; in the whilk Parliament it was concluded, that
the religione of Jesus Christ be universallie receaved within this
realme, should be universally established and approved within the
same, and all Papistrie, with the Papists usurped jurisdictione, all
Idolatrie, and especially the blasphemous Masse, be abolished and
put away; as the acts made thereupon proports: Quhilk acts, together
with the Queen’s Majestie’s power to hold the same Parliament,
the Noblemen, Barrons, and uthers undersubscrivand, wills to be
extract and putt in full executione as ane publick law, and that the
transgressors thereof be punished according to the same throughout
the haill realme, without exceptione: Whilk Parliament in all things
concerning the Religion, they shall defend and maintaine at their
uttermost, in the first Parliament whilk shall be holden at all uther
tymes and occasiones convenient: _Item_, That the act allready made
towards the thirds of the benefices within this realme, principally
for sustaining of the ministrie, may be dewly put to executione,
according to the order of the Book of the appointment of ministers’
stipends, allsweel of them that are to be appointed, as for them
already placed; and that the ministers be first duely answered
and sufficiently sustained of the same, to the relief of their
present necessitie, ay and whill ane perfect order may be taken and
established toward the full distributione of the patrimonie of the
kirk, according to God’s word; and that also the ordinance made be
the Queen’s Majestie and her Councill towards the small benefices,
now extending to the soume of three hundred merks, be dewly put to
executione, alsweell toward the benefices whilks hes vaiked since
the date of the said ordinance, as concerning them that shall happen
hereafter to vake, and sicklike the act made towards the anuales,
abies and altarages of burrowes.
_Item_, How soon ane lawful Parliament may be had, or that the
occasione may utherwayes justly serve, the nobles, barrones, and
uthers of the Kirk undersubscryvand, shall labour and prease at their
uttermost, that the faithfull Kirk of Jesus Christ profest within
this realme, shall be put in full liberty of the patrimony of the
Kirk, according to the Booke of God and the order and practise of the
primitive Kirk, and that nothing shall passe in Parliament unto the
tyme the matters of the Kirk forsaid be first considered, approved,
and established; and in the meantyme the professors undersubscryvand
consents and offers to reforme themselves according to the Book
of God, whilk they shall put in practise, and the refusers to be
secluded from the bosome of the Kirk.
And, moreover, in the said next Parliament, or utherwayes at the
first occasione, order shall be taken for ease of the poor labourers
of the ground, toward the payment of their teyndes in reasonable
manner, and how the samen shall not be sett over their heads, without
their advyse and consent.
_Item_, That nane be permitted nor admitted to have charge over
schoolls, colledges, or universities, or yet openly or privately to
instruct the youth, but sic as hes been tryed be the Superintendants
and visitors of the kirks, shall be found sound and able in doctrine,
and admitted be them to their charges.
_Item_, That all crymes and offences committed against God’s law may
be severally punished according to the word of God, and where laws
are presently appointed for the punishment, and judges also deput to
that effect, that the executione may be made thereupon as effeirs:
And where neither laws nor judges are appointed for sic crymes as are
to be punished be the law of God, that in the first Parliament the
same judges may be appointed, lawes established, as God commands in
his word.
_Item_, That since the horrible murther of the Queen’s Majestie’s
husband is so odious not only before God, but also to the haill
world, with continuall infamie and shame to this realme, if the same
murther shall not be punished accordingly: Therefore the noblemen,
barrones, and uthers undersubscryvand shall, with all their forces,
strength, and power, concurr and assist to take plaine part together,
to further and maintaine the punishment of the said murther on all
and whatsumever persones that shall be found guiltie of the same;
seeing the plague of God shall not depart from the countrey or towne
where innocent blood is shed, before the same shall be cleansed be
shedding of the blood of the offenders.
Seeing it hes pleased God of his mercy, to give ane native Prince
to this countrey, appearand to be our Sovereigne, to the end he be
not cruelly and shamefully murthered, as the King his father was,
the nobilitie, barrones, and uthers undersubscryvand, shall assist,
maintaine, and defend the Prince against all that would doe him
injurie.
_Item_, That all kings, princes, and magistrates, whilk hereafter
in any tyme to come shall happen to reigne and bear rule over this
realme, their first intres before they be crowned and inaugurat,
shall make their faithfull league and promise to the trew Kirk of
God that they shall maintaine and defend, and be all lawfull meanes
sett forward the trew religion of Jesus Christ, presently professed
and established within this realme, even as they are obliedged and
actricted in the law of God, alswell in Deuteronomie as in the second
chapter of the Book of the Kings, as they crave obedience of their
subjects; so the band and contract to be mutual and reciprocall in
all tymes comeing, betuixt the Prince and God, and also betuixt the
Prince and his faithfull people, according to the word of God.
_Item_, That the Prince whom God hes given us, alsewell for his
surety as good educatione, shall be committed to wyse, ancient,
godly, and learned men of the realme, to be brought up within the
same, in the feare of God, and vertew, whereby he may so profite in
his youth, that when he shall come to his yeares of maturitie he may
be able to discharge himself sufficiently of that honor and place
where he shall be called, and prove that good king whilks, with all
their hearts, they wish him to be.
_Item_, The nobility, barrones, and utheris of the Kirk
undersubscryvand, in the presence of God, hes faithfully promised
to conveene themselves together with their power and forces, and
here begine to root out, destroy, and allutterly subvert, all
monuments of idolatrie, and mainely the odious and blasphemous
Masse; and therefore to goe forward throughout this haill realme,
to all and sundrie places, whatsomever idolatrie hes fostered,
haunted, or maintained, and chiefly where masse is said, to execute
the reformatione forsaid, without exception of place or persones;
and shall to the uttermost of their power, remove all idolatrie
and uthers that are not admitted to the ministrie any manner of
way, of the Kirk, from all functione thereof, alswell private as
publick, that they hinder not the ministrie any manner of way in
their vocatione; and in place of the premises, sett up and establish
the true religion of Jesus Christ throughout this haill realme, be
planting of Superintendants, ministers, and uthers needfull members
of the Kirk, seeing the host of the Lord shall pass through the haill
countrey to this effect; and also shall proceed to the punishment of
idolaters according to the law thereupon pronounced: And sicklyke,
shall punishe and cause be punished, all uthers vices that presently
abounds within this realme, whilk God’s law and the civill law of
this realme commands to be punished, and chiefly the murther of
the King lately committed; and in lyke manner promises faithfully
to reforme schooles, colledges, and universities throughout the
whole realme, and expell and remove the idolaters that hes charges
thereof and uthers who hes not as yet joyned themselves to the trew
Kirk of Christ, and plant faithfull ministers and instructors in
their roomes, to the effect the youth be not infected be poysonable
doctrine at the beginning, whilk afterwards cannot be well removed
away.
Follows the subscriptiones of the Earles, Lords, Barrones, and
uthers Commissioners present for the tyme:--
Mortowne. Glencairne. Marr. Home. William Lord Ruthven. Sanquhair.
Patrick Lord Lindsay. Grahame Lord Innermaith. Ochiltrie. Sir
James Balfour. James M‘Gill. Tullibardine, Comptroller. William
Maitland. John Erskine. John Wischart. Glenbervie. John Cunninghame
of Drumquhassell. William Kirkcaldie. John Cathcart of Carltoune.
William Moncreiff. Drumlanrick. Bargavy. Andrew Wood of Largo.
Andrew Stewart. Robert Fairlie of Braid. Archibald Wood. George
Barclay of Mathirs. George Torry of Kelwood. George Home of Spott.
Mr William Lundie. Gilbert Kennedy of Dalquhorne. James Melville of
Reath. Qwhittinghame. Rassyth. Barrow. Pittencreiff. Andrew Ker in
Fawdensyde. Thomas Scott of Harine. Henrie Grahame. John Fullertone
of Dreghorne. Alexander Guthrie of that Ilk. William of Craigings.
William Durhame of Grange. Thomas Dischingtowne. Thomas Scott of
Thirlstane. George Straitoune of that Ilk. Alexander Chrichtoun of
Carko. Mr John Wood. Alexander Ogstowne of Fethercairne. Patrick
Kynninmounth. Robert Lindsay, Thesaurer. John Culless. William
Menzies. John Melvill. William Edmonstoune of Drumleith. Robert
Murray. John Shaw. John Stewart of Mynto. Gilbert Ogilbie of that
Ilk. James Chalmers of Gaitgirthe. Commissioners of Townes--For
Edinburgh, Alexander Clark, Bealie, Mr Clement Little, Mr John
Prestowne, Mr Richard Strang: For Air, Paull Reid, Richard Bannatyne,
Gilbert M‘Millane: For Irving, Alexander Cunninghame, Alexander
Commendator of Culross: For Glasgow, Mr David Weymes, James Boyd,
William Howburne, Alexander Forrester: For Jedburgh, Chirnside,
Kynnochie Mackenzie, Robert Monro of Souls.
THE CONVENTION of Brethren, holden in Edinburgh the 15th
of December 1567, before the Generall Assembly of the haill
Kirk, to begine the 25th of the forsaid moneth.
First were nominat and chosen for every province, brethren to reason
and conferr upon sic things as appearandlie sould be necessary for
setting fordward the affaires of the Kirk, without prejudice of the
Generall Assembly and actiones thereof, December 27, 1567.
Anent the crymes of incest and adulterie, and punishment to be taken
thereanent in the nixt Generall Assembly, the brethren presently
conveinit thinks it necessar that every minister, with the elders and
deacons, shall search out within their bounds, at their sessions, the
forsaids crymes if they be notore, thereafter to signifie the samen
to the Superintendant of the diocie at his Synodall Conventione,
and he thereafter to notifie the same to the supreame magistrate,
requiring to ministere justice and punishe sic hainous offences
according to the law of God, as he will answer to the Supreame Judge
at the day when no respect of persons shall be had; and where no
Superintendants are yet placed, that the ministers, elders, and
deacons, declare the saids crymes to the Generall Assembly, to the
effect forsaid.
[FIFTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, conveened in Edinburgh, in
the Nether Tobooth thereof, the 25th of December 1567: In the
whilk were present Earles, Lords, Barrones, Superintendants,
Ministers, and Commissioners of Townes and Kirks. The
invocatione of God’s name was made be Mr John Craige, ane of
the ministers of Edinburgh.
For eschewing of confusione in reasoning in this present Assemblie,
was chosen Mr John Row, minister of St Johnstone, to be moderator.
Sess. 2^a. December 26, 1567.
The haill Kirk assembled thought it meet that certain brethren be
appointed to concurr at all tymes with six persones of Parliament,
or Secret Councill, as my Lord Regent’s Grace hes nominat for sic
affaires as pertaines to the Kirk and jurisdiction thereof, and also
to discusse of questiones that may occurr in the meanetyme, whais
names followes:--Mrs John Knox, John Craige, ministers of Edinburgh;
the Superintendants of Angus and Louthiane, David Borthwick, Thomas
M‘Calzeane, Mr David Lindesay, minister of Leith, George Hay of
Ruthven, and John Row.
Sess. 3^a. December 28, 1567.
Ordaines that Superintendants and Commissioners appointed shall
plant ministers vaikand in sic rowmes where the parishioners will
gladly sustaine them on their owne expenses, whill other order
be had; and that they remove nane out of their rowme, being found
qualified, without the advyce and consent both of the ministrie, and
kirk-worthie of the place.
Sess. 4^a. December 30, 1567.
Anent the accusatione laid to my Lord Argyll’s charge, touching the
separation betwixt him and his wife; declared that he was not the
occasione thereof. As to other offences whatsoever, wherthrough he
hes been anywayes sclanderous to the Kirk, he was content to subject
himself to the discipline of the Kirk at all tymes maist willinglie;
and, therefore, the Kirk ordained the Superintendant of Argyle to
take tryall of the saids sclanders committed be the said Earle, and
thereafter to cause sic satisfaction be made, as God’s Law appoints,
and to report the order thereof to the next Generall Assemblie of the
Kirk, together with his own diligence in executione of his office of
Superintendancie.
Anent the marriage of the Queen with the Earle Bothwell, be Adam,
called Bishop of Orkney; the haill Kirk finds that he transgressed
the act of the Kirk in marrying the divorced adulterer; and,
therefore, deprives him of all functione of the ministrie, conforme
to the tenor of the act made thereupon, ay and whill the Kirk be
satisfied of the sclander committit be him.
The same day Mr John Craige was bruitit for proclaiming the bands
betwixt the Queen and the Earle Bothwell; who answered be word,
justifying his proceedings thereanent, and was ordained to give in
his purgation in write, to the effect his good mynd and proceedings
may be knowne to all and sundrie that hereafter would be satisfied
thereanent.
TENOR OF THE FORESAID PURGATIONE.
To the end that all that feares God may understand my proceedings in
this matter, I shall shortly declare what I did, and what moved me
to defend the samen, leaving the finall judgement of all things to
the Kirk. First, be the request of Mr Thomas Hepburne, in the Queen’s
name, to proclame her with Lord Bothwell, I plainly refused, because
he had not her hand wreit; and also the common bruit that my Lord had
both ravished her and keeped her in captivitie. Upon Wednesday last
the Justice Clerk brought me ane writing subscryved with her hand,
bearing in effect that she was neither ravished nor yet retained
in captivitie, and, therefore, charged me to proclaime. My answer
was, I durst proclaime no bands, and chiefly such without consent
and command of the Church. Upon Thursday next, the Kirk, after
long reasoning with the Justice Clerk, and amongst the brethren,
at length concluded that the Queen’s mynde should be published to
her subjects thrie nixt preaching dayes: But, because the Generall
Assembly had inhibited all sic marriages, we protested we would
neither solemnize, naither yet approve that marriage, but would only
declare the Prince’s mynde, leaveing all doubts and dangers to the
counsellors, approvers, and allowers of that marriage: And so, upon
Fryday thereafter, I declared the haill minde and progress of the
Kirk, desyreing every man, in God’s name, to discharge his conscience
before the Secret Councill; and to give boldness to uthers, I
desyred of the Lords there present in tyme and place, to speak my
judgement before the parties, protesting, if I were not heard and
satisfied, I either wald desist from proclameing, or else declare
my minde publickly before the Kirk. Therefore, being admittit,
afternoone, before my Lord in Councill, I laid to his charge the
law of adulterie, the ordinance of the Kirk, the law of ravishing,
the suspicion of collusioune betwixt him and his wife, the sudden
divorcement and proclaiming within the space of four dayes, and
last the suspicioune of the King’s death, whilk his marriage will
confirme. But he answered nothing to my satisfactione: Wherefore,
after many exhortationes, I protested that I could not but declare
my minde openly to the Kirk. Therefore, upon Sonday, after I had
declared what they had done, and how they would proceed whether we
would or not, I tooke Heaven and earth to witness that I abhorred
and detested that marriage, because it was odious and sclanderous
to the world; and seeing the best part of the realme did approve
it, either be flatterie or else be their silence, I desyred the
faithfull to pray earnestly that God would turne it to the comfort
of this realme, that thing whilk they intended againes reasone and
good conscience. I, because I heard some persones gangand againes
me, used thir reasones for my defences: First, I had broken no law
be proclaiming of thir persones at their request: Secondly, If
their marriage was sclanderous and hurtfull, I did well for warning
all men of it in tyme: Thirdly, As I had of dewtie declareit to
them the Prince’s will, so did I faithfully tell them be word and
example what God craveit of them. But upon Tuesday last I was calleit
before the Councill, and accuseit that I had passed the bounds of my
commissioune calling the Prince’s marriage odious and sclanderous
before the world. I answered, the bounds of my jurisdictione, whilk
was the word of God, guid lawes, and naturall reasone, was able to
prove whatsoever I spake; yea, that their owne conscience could not
but beare witness that sic a marriage would be odious and sclanderous
to all that should hear of it, give all the circumstances thereof
were rightly considered: But whill I was comeing to my probatione,
my Lord put me to silence, and sent me away; and so upon Wedensday
I first repeatit and ratified all things before spoken; and after,
exhorted the brethren not to accuse me give that marriage proceeded,
but rather themselves, who would not, for feare, oppone themselves,
but rather sharpeit their tongues against me, because I admonished
them of their deutie, and suffered not the kankert consciences of
hypocrites to sleep at rest; protesting at all tymes to them, that
it was not my proclaiming, but rather their silence, that give any
lawfullness to that marriage: ffor as the proclaiming did take all
excuses from them, so my private and publick impugnatione did safe my
conscience sufficiently; and this farr I proceeded in this marriage,
as the Kirk of Edinburgh, lords, earles, and barrones that heard me,
beare me witnes. Now, seeing I have been shamefully sclandered, both
in Scotland be wrang informatione, and als report of them that hated
my ministrie, I desyre first the judgement of the Kirk, and next
the same to be published, that all men may understand whether I be
worthie sick ane bruit or not.
Sess. 5^a. December ultimo 1567.
Anent the complaint give in against my Lady Argyle, declaring how
sche once being at the table of the Lord Jesus, and professing his
Evangell, had revolted therefrae, in giving her assistance and
presence to the baptizing of the King in ane papisticall manner.
The said lady being present, grantit that she had offended to the
eternall God, and been ane sclander to the Kirk in committing the
premises; and therefore willingly submitted herself to the discipline
of the Kirk and discretioune of them. Therefore, the Kirk ordaines
the said lady to make publick repentance in the Chapell-Royall
of Stirling, upon ane Sonday in tyme of preaching; and this to
be done at sick tyme as the Kirk hereafter shall appoint to the
Superintendant of Lowthiane, provyding alwayes it be before the next
Assembly.
APPENDIX
OF DOCUMENTS ILLUSTRATIVE OF THE PROCEEDINGS OF THE FIRST FIFTEEN
GENERAL ASSEMBLIES.
The period of time referred to in this _First Part_ of the Booke
of the Kirk, extending from the year 1560 to the end of 1567,
embraces the earliest era of its existence as a National
Church, recognized in the first instance, and ultimately
established by the law of the State; and it has been deemed
expedient, in this special portion of the present publication,
to annex the various acts of Privy Council and Parliament,
applicable to that period, as an Appendix to the actings of the
first fifteen General Assemblies of the Church, many of which
bear reference to these enactments of the civil authorities.
These civil and ecclesiastical proceedings throw mutual
light on each other, and, conjoined, they afford the most
satisfactory view of its progress from the time that it was
first sanctioned, until it was finally settled and endowed as
the Established Church of Scotland. During the period referred
to, it can only be viewed as a tolerated Christian society,
but partially countenanced by the State, and struggling to
obtain a permanent place among the settled institutions of
the land. Thenceforward it is to be regarded as one of the
integral elements of the constitution, blended and united with
the monarchy and the supreme authority of the State in the
Legislature. And hence arises the propriety of thus conjoining
the civil and ecclesiastical proceedings during this, the first
epoch of its history as the Kirk of Scotland.
ACTS OF PARLIAMENT.
I.
1560, Aug. 17.--The Confessioun of Faith professed, ratifiet, and
approveit in Parliament.[7]
II.
1560, Aug. 24.--Concerning the Jurisdictioun and Authoritie of
the Bischope of Rome, called the Paip.
The thre Estaitis, then being present, vnderstanding that the
jurisdictioune ande autoritie of the Bischope of Rome, callit the
Paip, vsit within this realme in times bipast, hes bene verray
hurtfull and preiudiciall to our Soueranis autoritie and commone
weill of this realme: Thairfoir hes statute ande ordanit that the
Bischope of Rome haif na jurisdictioun nor autoritie within this
realme in tymes cuming. And that nane of oure saidis Soueranis
subiects of this realme sute or desire in ony tyme heireftir title
or rycht be the said Bischope of Rome, or his sait to ony thing
within this realme, vnder the panis of Barratrye--that is to say,
proscriptioune, banischement, and neuir to bruke honour, office nor
dignitie within this realme. And the controvenaris heirof to be
callit befoir the Justice or his Deputis, or before the Lordis of
Sessioun, and pvnist thairfoir, conforme to the lawis of this realme.
And the furnissaris of thame with fynance of money and purchessaris
of thair title of rycht, or manteanaris or defendaris of thame, sall
incur the same panis. Ande that na Bischop nor vther Prelat of this
realme vse ony jurisdictioun in tymes to cum be the said Bischop of
Romeis autoritie vnder the pane foirsaide.[8]
III.
1560, August 24.--Anent the Abolition of Idolatrie, and all Actis
contrair to the Confession of Faith publist in this Parliament.
Forsameikile as thair hes bene diuers and sindrie actis of Parliament
maide in King James the first, secunde, thirde, ferde, and fyftis
tymes, Kingis of Scotlande for the tyme, ande als in our Souerane
Ladeis tyme, not aggreing with Goddis holie worde. And be thame
diuers personis tuke occasioune of mantenance of idolatrie and
superstitioune in the kirk of Gode, ande repressing of sic personis
as were professouris of the said worde, quhairthrow diuers innocentis
dide suffir; for eschewing of sic in time cuming, the thre Estaites
of Parliament hes annullit ande declarit all sik actis maide in
tymes bipast, not aggreing with Goddis worde, ande now contrair to
the Confessioune of oure Fayth, according to the saide worde publist
in this Parliament, to be of nane avale, force, nor effecte. And
decernis the saidis actis and euery ane of thame to haue na effecte
nor strenth in tyme to cum, bot the samyn to be abolishit and
extincte for euir, insafer as ony of the saidis actis ar repugnant
ande contrarie to the Confessioune and word of Gode foirsaidis,
ratifiit ande apprevit be the saidis Estaitis in this present
Parliament.[9]
IV.
1560, Aug. 24.--Anent the Abolitioun of the Messe.
Forasmeikle as Almichtie God, be his maist trew and blessit Word,
hes declarit the reuerence and honor quhilk suld be gevin to him,
and be his Sone Jesus Christ, hes declarit the trew vse of the
sacraments, willing the same to be vsit according to his will and
Word; Be the whilk it is notoure and perfitelie knawin that the
sacramentis of baptisme, and of the body and blude of Jesus Chryst,
hes bene in all tymes bipast corruptit be the papistical kirk and be
their ministeris. And presentlie, notwithstanding the reformatioun
already maid according to Goddis Word, ʒit, nottheless, thair is
sum of the same papis kirk that stubbornlie perseueris in thair
wickit idolatrie, sayand mess and baptizand, conforme to the papis
kirk, prophanand thairthrow the sacramentis foirsaid in quiet and
secreit places; regardand thairthrow nather God nor his holie Word.
Thairfoir, it is statute and ordanit in this present Parliament, that
na maner of persone or personis, in ony tymes cuming, administrat ony
of the sacramentis foirsaids secreitlie, or in any vther maner of
way bot thai that ar admittit, and havand power to that effect; and
that na maner of personis say mess, nor ʒit heir mess, nor be present
thairat, vnder the pane of confiscatioun of all thair guds, movable
and vnmovable, and pvneissing of thair bodeis at the discretioun of
the magistrat, within quhais jurisdictioun sik personis happynis
to be apprehendit ffor the first falt, Banissing the realme for
the second, Justifying to the deed for the third falt. And ordainis
all shreffis, stewartis, baillies, and thair deputis, provestis and
baillies of burrowis, and vtheris jugeis quhatsumever, within this
realme, to tak diligent sute and inquisitioun within thair bounds,
quhair any sik vsurpit ministrie is vsit, mess saying, or thai that
beis present at the doing thairof: Ratifyand and approvand the
samyn, and tak and apprehend thame, to the effect that the panis
abovewritten may be execut vpoun thame.
V.
1561, Dec. 22.--Act of Convention of Estates.
_Sederunt apud Edinburgh, xxij. Decembris Anno lxj^{o.}_
The samyn day, forsamekle as the Quenis Majestie, be the advyse of
the Lords of hir Secreit Counsale, foirseand the eminent truble
quhilk appeirandlie wes to ryis amangis the lieges of hir realme
for materis of religioun, to evaid the samyn, and to stay all
inconuenientis that may follow thairupon, intercomonit with ane part
of the clergie and stait ecclesiasticall, with quhome than ressoning
being had, it was thot gude and expedient be hir hienes that ane
generall conventioun suld be appointit the xv. day of December
instant, quhairto the rest of that estate myt have repairit, and
be the avise of the hale ane ressonable overture maid, and ordoure
takin for staying of the apperand truble, and quieting of the hale
countrey: Quhilk conuentioun being be her Maiestie appointit, and
sindrie dayis of counsale keepit, and the said ecclesiasticall
estait oftymes requirit that the said ordoure myt be takin, and
overture maid, for staying of truble and quieting of the cuntrie:
Last of all, in presence of the Quenis Maiestie and Lords of Counsale
foirsaid, and vtheris of the nobilitie of this realme, comperit
John, Archbischop of Sanct Androis, Robert, Bischop of Dunkeld,
Patrick, Bischop of Murray, and Henry, Bischop of Ross, and, for
thame selffs respectiue, offerit to the Quenis Grace to be content
of thrie partis of the rentis of thair benefices, and the ferd part
thairof to be employit as hir Grace thocht expedient. And becaus
the certantie thairof was not knawin, nor zit quhat sowmes of money
wald sufficientlie sustene the ministrie and ministeris of Goddis
word within this realme, nor zit how mekle was necessar to support
the Quenis Maiestie abone hir awin rent for the commoun effaris of
the cuntrie: thairfoir it is concludit, decernit, and determit be
the Quenis Grace, and Lords of Counsale foirsaids, and vtheris of
the nobilitie present, that gif the ferd part of the fruits of the
hale benefices ecclesiasticall within this realme may be sufficient
to sustene the ministeris throw the hale realme, and support the
Quenis Maiestie to interteny and sett fordwart the commone effaris of
the cuntrie; ffelzeing thairof, the third part of the saids fruits
or mair, quhill it be fund sufficient to the effect foirsaid, to
be takin up zeirlie in tyme cuming, quhill ane generale ordoure be
takin thairin, samekle thairof to be employit to the Quenis Majestie,
for entertenying and setting fordwart of the commone effaris of the
cuntre: And samekle thairof to the ministeris, and sustentatioun
of the ministerie, as may ressonablie sustene the samyn, at the
sy^t and discretioun of the Quenis Maiestie and Counsale foirsaid,
and the excrescence and superplus to be assignit to the auld
possessouris. And to that effect, that the rents and zeirlie avale
of the hale benefices within this realme may be clearlie knawin to
the Quenis Maiestie and Counsale foirsaids, it is STATUTE
and ORDANIT that the hale rentalis of all benefices within
this realme be producit befoir hir grace and lords foirsaid, at the
tymes vnderwritten; that is to say, of the benefices on this syde
of the month,[10] the xxiiij day of Januar nixtocum, and bezound
the month, the x day of Februar next thairafter. And ordainis
letters to be direct to officiaris of the Quenis shreffis in that
part, to pass, charge, and require, all and sindrie archbischoppis,
bischoppis, abbottis, commendatoris, and prioris of this realme,
on this syde of the month, personale, gif thai can be apprehendit,
and failzeing thairof, at the saids archbischoppis, bischoppis,
abbottis, commendataris, and prioris duelling places, cathedrale
kirkis, or abbayis, and all denis, archidenis, subdenis, chantoris,
subchantoris, prouestis, personis, vicaris, ... beneficit men, thair
chalmerlanis and factoris, personalie or at their duelling places,
or at thair parroche kirkis, quhair they suld remane, to exhibit
and produce befoir the Quenis Maiestie, and lords foirsaids, the
said xxiiij day of Januar nixtocum, the just and trew rentale of the
avale and rentis of thair benefices, to the effect foirsaid; and to
charge the prelattis and vtheris beneficit men on the zond syde of
the month, in maner respectiue foirsaid, to produce the just and
trew rentale of their benefices befoir the Quenis Grace and lords
foirsaids, the said x day of Februar nixtocum, to the effect above
rehersit; w^{t.} certificatioun to thame that failzies, the Quenis
Grace and Counsale will proceid heirin as accordis: And sicklyke to
charge the hale superintendentis, ministeris, eldaris, and deaconis
of the principale townis and schiris of this realme, to gif in befoir
the Quenis Grace and Lordis of Counsale foirsaids, the said xxiiij
day of Januar nixtocum, ane formale and sufficient roll and memoriall
quhat may be sufficient and ressonable to sustene the ministrie
and hale ministeris of the realme, that her Maiestie and Lords of
Counsale foresaids may tak order thairintill as accords: And forder,
that the Quen’s Maiestie and Lordis of Counsale foirsaids ryplie and
digestlie wey and considder quhat necessar support is requirit to be
takin zierlie of the frutis of the saids benefices, by her Grace’s
avn zeirlie rent to interteny and sett fordwart the commone effairis
of the cuntrie agane the said xxiiij day of Januar nixtocum, that
than it may be procedit in the said mater, all parties be satisfeit,
and the hale cuntrie and lieges thereof set in quietnes.[11]
VI.
1567, April 19.--Act concerning the Religion.
The quhilk day the Quenis Maiestie having considerit the estait of
hir Majestie’s realme that it stude at the tyme of hir arryvale furth
of France, and yet presentlie standis at, foirseing alssua the common
weill of hir cuntrie gretumlie to be incressit and establishit be
the keiping of the commone peax and quietnes amangis all her gud
subiectis. And like as hir Hienes sen hir foirsaid arryvall hes
attemptit na thing contrar the estait of religioune, quhilk hir
Maiestie fand publictlie and vniuersallie standing at hir arryvale
foirsaid, quhairby hir Maiestie is maist worthy to be seruit,
honourit, and obeyit; richtswa hir Hienes intendis to continew in
the samyne gudnes and gouernment in all tyme cuming, quhairby all
her gud subiectis, professouris of the religion foirsaide, sall haif
occasioune to praise God for her gud, happye and gratius gouernement,
and to crave of God from the boddum of thair harttis, that he wald
of his infinite gudnes to prosper and blis her Maiestie, and hir
posteritie, with lang lyf, gud and happye gouernment, to reull and
regnne ouer thame. And to the effect alssua that all hir Hienes gud
subiectis, professouris of the said religioune, may assure thame
selfis to be in full suretie thairof, and of thair landis, lyves,
benefices, offices, dignities, jurisdictionis, priuileges, gudis,
fame, and honouris in time cuming, and with the better will, jeopard
and hasard thair lyves and gudis in hir Hienes seruice aganis all
inymeis to hir Maiestie and to the commone weill of this realme
at all tymes neidful, as thair predecessouris hes maist frankly
done heirtofore, and that withowt feir of ony pane, punishment,
tynsell of landis, benefices and gudis, for professing, exerceing,
and vsing of the said religioune in tymes bygane, and to cum, to
be impute vnto thame or thair airis, nochtwithstanding ony lawis,
actis and constitutionis, and canone, ciuile or municipale, or
vther quhatsumeuir ordinance heirtofoir institute in the contrar.
And for thair greter suretie foirsaid, OUR SAID SOUERANE,
with the awyss of the haill thre Estait of Perliament, hes thocht
neidful and convenient to dispenss, cass, abrogat and annull, like
as hir Maiestie presentlie dispenssis, cassis, abrogattis and
annullis all and quhatsumeuir lawis, actis and constitutionis,
canone, ciuile or municipale, with all vther constitutionis and
practick penale introducit contrar to the foirsaid religioune and
professouris of the samyne; and ordains thame and thair posteritie
in all tymes to cum, to be fre and exemit from all pane corporall,
infame, reproche, depryving from benefices, dignitie or offices,
or vther cryme or pane quhatsumeuir that may be incurrit or impute
to thame be vertew of the saidis actis, lawis, ordinances, canone,
ciuil or municipale, and practik, for contravening of the samyne,
renunceand the samyne and strenth thairof in favouris of our saidis
subiectis to the effect foirsaid. And siclike the Quenis Maiestie of
her auctoritie royall granttit to hir be God, with the awyss of the
thre Estatis foirsaidis, takis to hir self and hir posteritie, all
hir gude subiectis, thair benefices, landis, offices, guidis, and
honouris, to be vnder hir sure salfgard, mantenance, protectioune,
and defence perpetuallie, aganis quhatsumeuir foirane auctoritie,
pouer, jurisdictioune, and persute, be it ecclesiasticall or
temporall. Exemand hir foirsaidis subiectis from all compeirance,
summonding, or obedience pretendit or to be pretendit, heirafter
agains thame for the caussis foirsaidis, be quhatsumeuir foirane
persoune or vther pretendand jurisdictioune or auctoritie throw
thame; willing hir subiectis to duell in perpetuall securitie and
quietness within this realme, be making of thair maist humbill and
faithfull obedience to hir Hienes and hir posteritie in all tymes
coming heirafter allenerlie. Like as also hir Maiestie, God willing,
heireafter in tyme convenient sall tak forther ordour, in all vther
poinctis, concerning the estait of religioune, as may best serue for
the glorie of God, commone weill of this realme, and continewing of
commone peax and quietnes vniversallie amangis all hir subiectes:
Commanding thame, and euerie ane of thame, in all tymes heirefter, to
keep mutuale, perfyte and maist hartlie kyndnes, luiff, friendschip,
and nychtboureheide, ilk ane to vtheris, vnder all hieast pane and
charge, that heirefter may follow, for breaking of this present act
of Parliament and her Maiestie’s lauchful commandment.[12]
VII.
ARTICLES PRESENTIT IN PARLIAMENT, treatit and proponit
be certane Baronis, Commissaris of Burrowis, and Ministeres, at
Edinburgh.--Decr. 1-6, 1567.[13]
In Parliamento, apud Edin. xv. die Decembris, A. D.
M.D.LXVII.
Articlis to be presentit in Parliament.
BARONIS,
Johne Erskin of Dvn, ...
Williame Lislie of ...
Symone Prestoun of ...
Williame Dowglass ...
Ministeris--Maist ...
Johne ...
It is thocht expedient be this present assemble that thair be
adjoinit vnto them, in treating of the thingis concernning the
kirkis, thir personis vnderwrittin, to wit, Maister Johne Spottiswod,
Maister Johne Craig, Johne Knox, Maister Johne Row, and Maister
Dauid Lindesay, or any thre or fowre of thame. And als the Baronis
present, thinkis thame owir small ane nowmer to gif judgement in
this actioun, and thairfoir desyris to be adioynit to the ... sick
as my Lord Regent and Lordis of Secreit Counsale sall think neidf
... And alsua for keping of ane certane ordoure in performing of the
... actioun, it is thocht gude be the Baronis and Commissionaris
presentlie convenit ... thai convenit in the Provestis lugeing of
Edinburgh, at xj houris befoir none, and to remane thar quhill foure
houris efter none, and this ... done ilk day quhill the performyng
thairof, and gif it sall happen ... thame to failze herein, he sall
be put in the mendis of vs. to be distribu- {blank space}
... pure at the sight of the remanent. And this to be
... Prestoun of that Ilk to my Lord Regent and Secret
... be him thairof, the ...
... secundo Decembris 1567.
... erunt.
... ... lquhane
... that ilk
... of Quhittinghame
Provest of Aberdeene
Maister Johne Preston, }
Ja. Barron, } for Ed^r.
Patrick Murray for Perth.
Richard Blyth for Dundee.
Maister Johne Spottiswod.
Johne Knox.
Maister David Lindesay--Juratus, &c.
... hay, Clerk of the Secreit Counsale, and reportit ans^r in
... v^m to the provist of edinbur^t ʒisterday tueching the
... ble of certane ma baronis, with certane ministeris,
... as suld happin to be proponit, &c. with commissioun,
and ... and commissioners already convenit to begin and proceed
and c ... lowis: Apud edinbur^t secundo die mensis decembris ...
fforsamekle as my Lord Regent, with avyss ... Counsale, wrait to
certane baronis and Commiss^{rs} ... in edinbur^t the xxij
day of Nouember lastbipast past ... the materis to be concludit in
the parliament approacheand proacheand ... the quhilk commiss^{rs}
and baronis divers ar ʒet absent, Quhairthrow large tyme is spent
and nothing as ʒit done: Thairfoir, my Lord regent, with avyss of
the lords of secreit Counsale, ordanis samony of the baronis and
commissaris as ar already convenit to begin and proceed in the
materis proponit before thame, Or to be Inwentit and fund out be
thame selffis. And that in the place of Walter Lundy of that Ilk thai
resaue and admitt amanges thame, Maister Williame Lundy his sone
and appearand air, likewyise thomas Scott of abbottishall, And that
they elect and nominat twa or thre ma quhilkis are present in this
toun maist godlie and of gretaist experience in politique effares
quhilkis sal be commandit to adioyne with thame and assist thame.
And that Maister Johne Spottiswod, Johne Knox, Maister Johne Craig,
Maister Johne Row, and Maister David Lindesay, ministeris, or any
foure or thre of thame, be alsua present, and adioynit to the saids
Baronis and Commissioners of burrowes in debatting, and treating,
and ressoning of the materis to be proponit concerning the estat of
the Kirk. Sic subscribitur de mandato domini Regentis et dominorum
Secreti Concilii, &c., Alexander Hay.
FOLLOWIS certane articlis proponit [be the saidis
ministers[14]] concerning the effares of the Kirk, with the
said Assemblie’s declarationis thairupon.
First, That the parliament haldin ... [declarit] be act of this
present parliament ... parliament, and that all thingis thairin
concludit co- ... may be of new ratifiit and confirmit, Alsweil, the
Confessio- ... fayth then red reasonit, and be publict voit of that
parliament ... As the act pronouncit agains the vsurpit Jurisdictioun
of the Paip- ... the Mess, and the abolischement of the former wickit
actis; The tennor quhair of followes:--
Apprevit (on margin.)
PETITION.
The ... for abolishing the pape.
(The Acts 1560 recited.)
And becaus that lawis quhilk ar not cleir are often tymes occasioun
of discord, We maist humilie desire that, for avoyding all debait,
dout, and question that eyther may aryiss for the validitie and
strenth of that parliament, as for the interpretatioun of the saids
... present parliament pronounce and declare first,
First Article.
That the ministeris of the blessit evangill of Jesus Chryst, quh ...
God of his mercy hes now rasit vp amangis ws, or heirefter sall ...
aggreing with thame that now leif in doctrine and administratioun
of the sacramentis, and that part of the people of this realme that
professis Jesus Chryst, as now he is offerit in his evangell, and
do commvnicat with his holie sacramentis (as in our reformit kirkis
thai are publictlie ministrat) may be declarit the only trew Kirk of
Jesus Chryst within this realme; And that all and sindrie quha outher
gaynsay the word of the evangell, as it is now preachit, and of ws
ressauit and approvit as the heids of the Confessioun of our Fayth
mair particularlie do express, or that ʒit refuses the participatioun
of the halie sacramentis as now thai are ministrat, Be decernit na
memberis of the kirk, within this realme, sa lang as thai keip thame
selfis so dividit from the societie of Chrystis body.
2. Farther, we craiff, that na personis reclaimyng to the religioun,
or that do not profess it with ws in all pointis, be permittit
to enioy benefice or proffitt quhatsumevir vnder the title of
ecclesiastical functioun, Notwithstanding title, possession or
intrusioun quhatsumeuer thai haue had or may claime to haue, be the
paip, that remane antichrist.
Apprevit (on margin.)
3. That to this oure kirk foirsaid be grantit, and be this present
Parliament confirmit, sick fredome, priuiledge, jurisdictioun, and
autoritie, as justly apertene to the trew kirk, and immaculat spous
of Jesus Chryst. And that na vther face of a kirk nor vther face
of religioun (than presentlie be Goddis fauor, we haue establissit
within this realme) be permittit. And that na jurisdictioun
ecclesiasticall be acknowlagit within this realme, vther than that
quhilk as salbe within our kirk, or that flowis fra the same.
Apprevit.--[Bot desyris the jurisdictioun of the Kirk to be ...
and certane of the previe counsale to be appointit be my Lord
Regent to the limitatioun thairof.]
4. That the examinatioun and admissioun of ministeris within his
realme be onlie in power of oure Kirk; the presentatioun resseruit
to the just and aunceant patronis. The patrone presentand a qualifiit
persone within thre monethis, or vtherwyiss the Kirk to haue power to
dispone, alwayis to a qualifiit persone.
Apprevit.
5. That all benefices having charge of saulis given be the Quene or
ony vtheris, sen the foirsaid Parliament, otherwyiss then be the
ordoure of the Buke of Discipline is appointit, may be decernit to
vaik. And that the patronis may haue priuilege to present _de novo_,
personis qualifiit and hable, sua that the Kirk may be deliuerit
frome vnproffitable pastors.
Apprevit.
APUD Edinbur^t, tertio Decembris 1567.
Sederunt.
Barones.
Johne Erskine of Dvn.
Williame Lesslie of Balquhane.
Craigmyllar.
Quhittinghame,
{ Abbotishall,
{ George Stratoun of Lawrestoun.
Jurati{ Robert Fairlie of Braid.
{ Robert Campbell of Kingʒeaclewch.
Provist of Aberdene.
Patrick Murray, for Perth.
Mr Johne Prestoun, } for Ed^r.
James Barroun, }
Richard Blyth, for Dunde.
Thomas Monypenny, for Perth.
Dauid Mar, for Aberdene.
Maister Johne Spottiswod.
Johne Knox.
Ministers--Maister Johne Craig.
Maister Dauid Lindsay.
FOLLOWIS vther Articlis concerning the Kirk.
6. That ordoure may be takin for all abbacyis, alsweill for the
present as for tymes to cum, As als for benefices and kirkis annexat,
and dissolutioun to be maid thairof, and ane act to be maid thereupon.
Findis, Separatioun to be maid To witt the teinds to pertene to
the Kirk, and the temporale landis to be disponit be avyiss of
the thre estaitis in Parliament.
7. That ordoure may be takin for sik as profess ... and haif the
patrimony of the Kirk in thair hands, and ... thair dewtie to thair
flok.
It is thocht expedient that sick as ar fund qualifiet be the
jugement of the Kirk, sall exerce their avne office in thair
awin kirk, and vtheris not qualifiit, sall pay the third of
thair benefice for sustentatioun of the ministrie during thair
tymes.
8. That ordoure may be takin w^t sick as haif pluralitie of benefices.
Ane persone beneficit, being qualifiit, shall preche him
self at ane of his kirks, and sall sustene the ministeris
of the remanent, at the sy^t of the generale kirk, And the
unqualifiit, to pay his third of the hale, Admittand na
pluralitie in tyme cuming.
9. That prouisioun may be maid for instructioun of the zouth, for
sustentatioun of the pure, and for sum releif to the lauboraris of
the ground, especiallie for the relief in leiding of thair teinds.
Answer to the first part of this article, That the lands of
prebendaris of college kirkis in landwart be erectit for
sustentatioun of bursaris, And referris the vther tua heids to
the estaitis in Parliament.
10. That [ordoure may be takin that] nane enter in the functioun of
ministrie, nether be retenit within the samyn, bot sik as salbe fund
qualifiit, and of honest conversatioun.
Leif this. Referris this to the Generale Assemble of the Kirk.
11. That Superintendentis be appointit quhair need requiris, and that
ordoure be prouidit how thai salbe obeyit in thair office, and how
thai salbe hable to serue in the same.
Referris the nowmer of the Superintendentis to the roll
maid thairupoun, And the office and jurisdictioun of the
Superintendent to be authorizat be the estatis in parliament.
12. That ordoure may be takin, how that the pure ministeris, quha
lang hes bene defraudit of thair just stipendis, may not onlie be
prouidit heirefter for a sufficient leving, Bot also that thai may
vnderstand how thai may lift vp the same be ourdour of law, and quhat
redres thai sall haif for the bipast, and how thai salbe prouidit in
the present. And, becaus all thir heids require deliberatioun, we
offer owre selfis to communicat w^t. your L. as God sall communicat
w^t. ws.
It is thocht neidfull that, quhill the Kirk be put in full
possessioun of the hale patrimony, the hale thriddis be
assignit to the ministrie, and thai to vptak the samyn be thame
selfis and thair collectors, and all v ... to be dischargeit
thairfra ... and Counsale ... find sum meane ... dettis ellis.
13. That the act of Parliament concerning the mansses and gleibis
may be maid so sensible, that the iniust possessouris find na
cauilatiounis to defraude the pure ministeris of thair ry^t. and of
the peaceable possessioun of that quhilk justlie appertainis thairto.
It is fund that the best manss sall pertene to the minister
with the hale gleib, Providing the said gleib exceed not vj
aikiris of land; And, gif the samyn be mair, the minister sall
be content onlie with vi aikiris thairof nixt adiacent to
the manss; And, gif the samyn be within vi aikiris, he sall
lykewise content him thairwith.
14. That the act for pvnishment of adulterie may be maid sa cleir,
that the offendaris delude not the law be the ambiguitie thairof.
Desyris this act to be clerit be the thre Estaits in Parliament.
14. That na man beir publict office of jugement within this realme
bot sik as professis the puritie of religioun with ws; that nane be
permittit to procure to be admittit in notar, or creat in member of
court, without he likewyis profes the Evangell w^t. ws.
Aggreit w^t.
15. It is thocht gude ffor stancheing of cumer and trouble within
burrowis in tyme cumin, that nane of the inhabitantis thairof
frathyne furth, mak convocatioun within the samyn, or put thameselfis
in armes, without express command ayther of the autoritie, provest or
baillies thairof, under sik panis as the thre Estaits in Parliament
sall think gude.
Apprevit. And referris the pane to be modifiit be the Estaits in
Parliament.
16. _Item_, That all scoles, alsweill to bur^t. as land, and colleges
be reformit, and that nane be permittit nor admittit to haue charge
thairof, or to instruct the ʒouth priualie or publicklie, bot sic as
ar, or salbe tryit be the Superintendint and visitators of the Kirk,
and admittit be thame to thair charges.
Apprevit.
17. _Item_, That the ordinances maid for keping of the Saboth day,
the pvnishment of fornicatioun, adulterie, incest, swering and
banyng, be ratifiit in this present parliament, and jugis appointit
for executioun thairof, quhair nane is.
Apprevit.
18. _Item_, That the act of parliament, maid in King James the ...
tyme, towart the ordouring of the pure within thair avne parochin
be _de novo_ ratifiit, and thaireeftir be decernit to be put in
executioun.
Apprevit.
19. _Item_, It is fund expedient that the act maid, tueching
the reparatioun of kirkis be ratifiit and ordainit to be put to
executioun ... is.
VIII.
ACTA. Decr. 20, 1567.
5. Anent the Messe abolischit and punisching of all that heiris
or sayis the samin.
_Item_, Our Souerane Lord, with auise of his derrest Regent and thre
Estatis of this present Parliament, ratifyis and appreuis the act
vnderwrittin, maid in the Parliament haldin at Edinburgh, the xxiiij
day of August, the ʒier of God ane thousand fyue hundreth thre scoir
ʒieris. And of new, in this present Parliament, statutis and ordainis
the said Act to be as ane perpetuall Law to all our Souerane Lordis
lieges in all tymes to cum. Of the quhilk the tennour followis. [As
already inserted at p. 76.]
6. Anent the trew and haly Kirk, and of thame that are declarit
not to be of the samin.
_Item_, Forsamekle as the Ministeris of the blissit Euangell of Jesus
Christ, quhome God of his mercie hes now rasit vp amangis vs, or
heirefter sall rais aggreing with thame that now liues, in doctrine
and administratioun of the Sacramentis, and the pepill of this
realme that professis Christ as he now is offerit in his Euangell,
and do communicat with the holy sacramentis, (as in the reformit
Kirkis of this Realme ar publicklie administrat,) according to the
Confessioun of the faith, Our Souerane Lord, with auise of my Lord
Regent and thre Estatis of this present parliament, hes declarit and
declaris the foirsaid Kirk to be the onlie trew and holy Kirk of
Jesus Christ within this realme, and decernis and declaris that all
and sindrie quha outher gainsayis the word of the Euangell ressauit
and appreuit as the heides of the Confessioun professit in parliament
of befoir, in the ʒeir of God 1560 ʒeirs, as alswa specifiet in the
actis of this parliament mair particularlie dois expres, and now
ratifyit and appreuit in this present parliament, or that refusis
the participatioun of the holy sacramentis as thay ar now ministrat,
to be na memberis of the said Kirk within this realme now presently
professit, swa lang as thay keip thame selfis sa deuydit fra the
societie of Christis body.
7. Anent the Admissioun of thame that salbe presentit to
Benefices hauand cure of Ministrie.
_Item_, It is statute and ordained, by our Soveraine Lord, with
advise of his dearest Regent, and three Estaitis of this present
Parliament, that the examination and admission of Ministers, within
this Realme, be only in the power of the Kirk, now openlie and
publickly professed within the samin. The presentation of laick
Patronages alwaies reserved to the Just and auncient Patrones. And
that the Patroun present ane qualified persoun, within sex Monethes
(after it may cum to his knawledge, of the decease of him quha
bruiked the Benefice of before) to the Superintendent of thay partis,
quhar the Benefice lyes, or uthers havand commission of the Kirk to
that effect; utherwaies the Kirk to have power to dispone the samin
to ane qualifyed person for that time.
Providing that in caice the Patron present ane person qualified
to his understanding, and failzeing of ane, ane uther within the
said six Moneths, and the said Superintendent or Commissioner of
the Kirk, refusis to receive and admit the person presented be the
Patron, as said is: It sall be lesum to the Patron to appeale to the
Superintendent, and Ministers of that province quhair the Benefice
lyis, and desire the person presented to be admitted, quhilk gif they
refuse, to appeale to the General Assemblie of the haill realme, be
quhome the cause beand decyded, sall take end, as they decerne and
declair.
8. Anent the Kingis Aith to be giuen at his Coronatioun.
_Item_, Because that the incres of vertew, and suppressing of
idolatrie, crauis that the Prince and the peple be of ane perfyte
religioun, quhilk of Goddis mercie is now presentlie professit within
this realme; Thairfoir it is statute and ordainit, be our Souerane
Lord, my Lord Regent, and thre Estatis of this present Parliament,
that all Kingis, and Princes, or Magistratis quhatsumeuir, halding
thair place, quhilkis heirefter in ony tyme sall happen to regne, and
beir reule ouer this realme, at the tyme of thair coronatioun, and
ressait of thair princely authoritie, mak thair faithfull promise,
be aith, in presence of the Eternall God, That induring the haill
cours of their lyfe, thay sall serue the samin Eternall God, to the
vttermaist of thair power, according as he hes requyrit in his maist
haly word, reuelit, and contenit in the New and Auld Testamentis;
and according to the samin word sall mantene the trew religioun of
Jesus Christ, the preicheing of his haly word, and dew and richt
ministratioun of the sacramentis now ressaifit and preichit within
this realme. And sall abolische and gainstand all fals religioun
contrare to the samin: And sall reule the pepil committit to thair
charge, according to the will and command of God, reuelit in his
foirsaid word, and according to the louabill lawis and constitutionis
ressaifit in this realme, nawyse repugnant to the said word of the
Eternall God. And sall procure to the vttermaist of thair power,
to the Kirk of God, and haill Cristiane pepil, trew and perfyte
peice in all tyme cuming. The rychtis and rentis, with all the
iust priuilegeis, of the Crowne of Scotland to preserue and keip
inuiolatit, nouther sall thay transfer nor alienat the samin. Thay
sall forbid and repres in all estatis and degreis, reif oppressioun,
and all kynde of wrang. In all jugementis, they sall command and
procure that justice and equitie be keipit in all creatures, without
exceptioun, as the Lord and Father of all mercyis be mercifull to
thame. And out of their landis and empyre they salbe cairfull to
ruite out all heretykis and enemeis to the trew worschip of God, that
salbe conuict be the trew Kirk of God of the foirsaidis crymis. And
that they sall faithfullie affirme the thingis aboue writtin be their
solempnit aith.[15]
10. Anent thriddis of benefices grantit in the moneth of
December, the ʒeir of God 1561 ʒeiris, for sustening of the
Ministeris and vther effaires of the Prince.
_Item_, Because the ministeris hese bene lang defraudit of thair
stipendis, swa that thay ar becumin in greit pouertie and necessitie
And notwithstanding hes continewit in thair vocatioun without payment
of their stipendis, be ane greit space, Quhairthrow thay ar and salbe
constranit to leif thair vocatioun, without remeid be prouydit;
Thairfoir our Souerane Lord with auise of my Lord Regent and thre
Estatis of this present Parliament, hes statute and ordanit, that
the hail thriddis of the hail benefices of this realme, sall now
instantlie and in all tymes to cum, first be payit to the ministeris
of the euangell of Jesus Christ and thair successouris, and ordainis
the Lordis of the Sessioun, to grant and gif letteris, charging
all and sindrie intrometteris, or that beis addettit in payment of
the samin, to answer and obey to the saidis ministeris and their
collectouris to be nominat be the saids ministeris, with auise of
my Lord Regent, in forme as effeiris, notwithstanding ony discharge
geuen be our Souerane Lordis mother, to quhatsumeuer person or
personis, of the saidis thriddis, or ony pairt thairof, ay and quhill
the Kirk cum to the full possessioun of thair propir patrimonie,
quhilk is the teindis; Prouyding alwayis that the collectouris of
the saidis ministeris, mak ʒeirlie compt in the Chakker, of thair
intromissioun, swa that the ministeris may be first answerit of
thair stipendis appertening to euerie ane of thame. And the rest and
superplus to be applyit to our Souerane Lordis vse.
11. Anent thame that salbe teacheris of the ʒouth in sculis.
[By this act it is “Statute and ordanit that all sculis to burgh
and land, and all vniversities and collegis be reformit; and
that nane be permittit nor admittit to haue charge and cure
thairof in tyme cuming, nor to instruct the ʒouth priuatlie or
oppinlie, bot sic as salbe tryit be the Superintendentis or
visitouris of the Kirk.”]
12. Anent the iurisdictioun of the Kirk.
_Item_, Anent the Artickle proponit and geuin in be the Kirk to my
Lord Regent and the thre Estatis of this present Parliament, anent
the iurisdictioun iustlie apperteining to the trew Kirk and immaculat
spous of Jesus Christ, to be declarit and expressit as the artickle
at mair lenth is consauit: The Kingis Grace, with auise of my Lord
Regent and thre Estatis of this present Parliament, hes declarit
and grantit iurisdictioun to the said Kirk: quhilk consistis and
standis, in preiching of the trew word of Jesus Christ, correctioun
of maneris, and administratioun of haly sacramentis. And declaris,
that thair is na vther face of Kirk nor vther face of Religioun, than
is presentlie be the fauor of God establischeit within this Realme,
And that thair be na vther jurisdictioun ecclesiasticall acknawlegit
within this Realme, vther than that quhilk is and salbe within the
same Kirk, or that quhilk flowis thairfra concerning the premisses;
and forther, our Souerane Lord, with auise of my Lord Regent and thre
Estatis foirsaidis, lies geuein and geuis power and commissioun to
Schir James Balfour of Pittindreich, Knycht; Priour of Pittinweeme;
Mark, Commendatour of Newbottill, Johne Priour of Coldinghame; Lord
Preuie Seal Maister James Mackgill of Rankillour Nether, Clerk of
Register; William Maitland, ʒounger of Lethingtoun, secretar to
our Souerane Lord; Schir Johne Bellenden of Auchinoull, Knycht,
Justice Clerk; Johne Erskine of Dune; Maister Johne Spottiswod,
Superintendent of Lowthiane; Johne Knox; Maister Johne Craig; and
Maister Dauid Lindesay, Ministeris of the worde of God, To seirche
furth mair speciallie, and to considder, quhat vther speciall pointis
or clausis sould appertene to the iurisdictioun, priuilege, and
authoritie of the said Kirk, and to declair thair myndis thairanentis
to my Lord Regent and thre Estatis of this Realme at the nixt
Parliament, Swa that thay may tak ordour thairintill, and authories
the samin be act of Parliament, as salbe fund aggreabill to the word
of God.
31. Anent priuilegeis grantit to Kirkmen.
_Item_, Our Souerane Lord, with auise and consent of my Lord Regent
and thre Estatis of this present Parliament, hes ratifyit and
ratifyis all ciuile priuilegis grantit and geuin be our Souerane
Lordis predecessouris, to the spiritual estate of this Realme, in all
pointis efter the forme and tennour thairof.
ASSIGNATIOUN FOR THE MINISTRIE AND ACTS OF PRIVY COUNCIL THAIREANENT.
IX.
_Provisioun for Sustentatioun of the Ministeris in Burrowis._
Apud Striviling decimo die mensis Januarii anno 1^m. v^c. lxvj.
Sederunt domini ut in die predict.
The quhilk day the Quenis Majestie and Lordis of Secreit Counsall,
being weill myndit that the Ministerie within this haill realme be
interteneit alsweill to burgh and land as hir Majestie fand the samyn
at hir arryvall in Scotland, and becaus the haill Lordis of Secreit
Counsall may nocht weill vaik at all tymes for the ordouring thairof,
being occupiit with utheris wechtie materis; Thairfoir her hienes,
with avyise of her Counsall foirsaid, hes constitute and namyt her
lovittis underwrittin, my Lordis Huntly, Chancellar, Ergyle, Murray,
Bothwell, Atholl, Cassillis, Craufurde, and Mar, my Lordis Bischopis
of Galloway, Roise, and Orknay, my Lord Secretare, Maister Johnne
Spens of Condy, advocat, Sir Johnne Bellenden, Justice Clerk, Sir
James Balfour, Clerk of Register, and David Fores, generall of the
Cunziehous, to quhome, be thir presentis, the Quenis grace and hir
Counsale foirsaid, gevis thair full power and commissioun, or to ony
fyve or sex of thame, to call before thame the haill burghis of this
realme, generallie or particularlie, as thai, or ony fyve or sex
of thame, sall think expedient. And to consider the habiliteis of
the saidis burghis particularlie, and according thairto to appoint
and imputt particular taxatioun or impositioun upoun everie burgh
yeirlie, to be gadderit and upliftit for sustentatioun of the said
ministerie, be thameselffis, thair collectouris or chalmerlanis,
as the saidis Commissionaris, or ony fyve or sex of thame, sall
think expedient, as thai will ansuer to God and the Quenis Majestie
thairupoun. And quhatsumevir the saidis Commissionaris, or ony
fyve or sex of thame, sall do in thir premises, the samyn to haif
the lyke force and effect as gif the samyn wer done in plane
counsall: And letteris to be direct thairupoun as effeires, as the
said ministerie and thair collectouris will requeir. And alswa for
relief of the saidis burghis, the Quenis grace, with advyise of her
Counsall foirsaid, be thir presentis, gevis and grantis to the
saidis burghis, and everie ane of thame, the annuellis of alteragis
chapellanereis and obittis within the samyn, quhairevir the samyn
salhappin to vaik, be the deceise of the possessouris thairof, or
utherweyis hes happynnit to vaik, sen the Quenis grace arryvall in
Scotland, quhilkis as yit remanis ungevin or distributit to ony
persoun; and that to relief the taxatioun and contributioun foirsaid.
And the superplus of the saidis annuellis and obittis, gif ony beis,
to be distributit to the pouer and hospitallis of everie burgh
within thameselffis, be avyise of the minister and eldaris thairof,
as thai will ansuer to the maist heast thairupoun. And letteris to
be directit be the Lordis of Secreit Counsall and Sessioun, as thai
salbe requirit, for publicatioun of thir premissis.
X.
_Small Benefices for Ministers._
Apud Edinburgh tertio die mensis Octobris
Anno Domini Millesimo Quingentesimo lxvj^o
The quhilk day Forsamekill as the King and Quenis Majesteis hes
understand and considderit that the Ministeris stipendis quhilkis
necessarlie mon be payit furth of the thridis of the benefices
extendis to sic a sowme that the saidis thridis is nocht abill bayth
to sustene the chargeis of thair Majesteis hous attour the rent of
thair propirtie, as alswa to sustene the saidis ministeris. And
eftir gude deliberatioun takin how thai may be sustenit with leist
chargeis and expensis Thair Hienessis hes fund it maist convenient
and als with avyise of the Lordis of thair Secreit Counsall Statutis
and Ordanis, that in tyme cuming all small benefices personages
vicarages and utheris extending in yeirlie rentall to the soume
of thre hundreth markis or within as thai salhappin to vaik Sall
alwayis be disponit to sic personages as the Superintendentis
and Assemblie of the kirk eftir dew examinatioun sall find abill
qualifiit and sufficient And thaireftir nominat and present to
their Majesteis quhilkis being sa nominat and presentit Thair
Hienessis sall admit thame and be thair authoritie caus thame be
ansuerit of the frutis and dewiteis of the saidis benefices: Attour
quhensoevir ony bischoprik abbacie pryorie or uther prelacie that
hes the patronage of sic small benefices salhappen to vaik and fall
to thair Majesties dispositioun and presentatioun as likewyise
of all thame that ar presentlie vacand Thair Hienessis promittis
_in verbo Principum_ That thai sall alwayis retene in thair awin
handis the power and titill of the dispositioun of the saidis small
benefices to the effect abonewrittin And sall caus the personis
to quhome thair Majesteis disponis the saidis prelaciis and greit
benefices Consent thairto befoir thair Majesteis mak ony rycht of
the principall to thame And in caise it sall happin thair Majesteis
ignorantlie or utherwayis to gif or dispone ony of the saidis small
benefices be gift presentatioun or utherwayis contrair this present
act and ordnance and ony wayis prejudiciall to the samyn Thair
Majesteis expressitlie commandis thair Comptrollar present and
tocum his clerk and collectouris the keparis of the signet previe
seill and greit seill and all utheris thair Hienessis officiaris
liegis and subdittis That they on na wayis admit allow obtempir or
obey ony sic gift or presentatioun or to pas the samyn throw the
seillis Or grant letteris in the four formes thairupoun bot to hald
repute and esteme thame as previe writtingis purchest in defraud
and prejudice of this present lovabill act and publict ordinance
Notwithstanding ony charge or command gevin or to be gevin in the
contrair quhairunto thir presentis sall serve thame for a sufficient
warrand And sicklike thair Majesteis ordanis and requiris the Lordis
of Counsall and Sessioun on na wayis to admit allow or attend to
ony gift provisioun or presentatioun of quhatsumevir small benefice
of the valu abonewrittin disponit be thair Majesties Or utherwayis
quhair the samyn is repugnant or contrarious to this present act
and ordinance And nocht disponit to qualifit personis apt for the
ministerie examinat and admittit be the Superintendentis and kirk in
maner foirsaid And that letteris be direct for publicatioun heirof in
due forme as efferis.
XI.
ASSIGNATION FOR THE MINISTERIE BY THE QUEN.
20 Dec^r. 1566.
REGINA,
Forsamekill as the Ministeris within our realme this haill ʒeir
bigane hes wantit thair stipendis in respect of sindry occasionis
that hes interuenit; ʒit becaus we ar myndit and weill willit that
the said Ministerie be sustenit and interteneit in tyme cuming as
efferis; Thairfoir with avyise of oure secreit counsale hes tane
sic ordour as we mycht best for the present, And hes assignit for
sustentatioun of the said Ministerie certane victuales and money in
sindry places and cuntreis to be tane up and disponit be the said
ministerie and thair collectouris or chamberlanis as thai sall think
maist expedient Extending to the soume of ten thousand pundis money
and four hundreth chalderis victuale As the particular assignationis
maid thairupoun mair fullelie proportis We thairfoir be avyise of
our counsall foirsadis Ordanis and Decernis that the said ministerie
and thair collectouris and chalmerlanis quhatsumevir be thankfullie
ansureit and obeyit of the haill payment alsweill of money as
victuale foirsaid throuchout oure haill realme quhairsoevir the samyn
or ony part thairof is assinit And lettris thairupoun to be decernit
and gevin furth owther of horning or poinding respective As the said
ministerie sall think expedient and requeir Commanding expresslie
oure Clerk of Register and Comptroller and all utheris quhome it
efferis or salbe requirit thairto To deliver the attentik copyis
and extract of the said assignatioun to the ministerie with expres
inhibitioun to our Comptrollar or ony uther Chamberlanies to intromet
or mell ony maner of way with the saidis assignationis or ony part
thairof under all heich panis that may follow thairupoun Subscrivit
with our hand At Strivling the xx day of December the ʒeir of God I^m
V^c lxvj ʒeris And our regnne the xxiiij ʒeir.
MARIE.
XII.
ACT OF PRIVY COUNSALE ANENT ASSIGNATIONS.
Apud Striviling xxj Decembris Anno Domini Millesimo Quingentesimo
lxvj.
The Lordis of Secreit Counsale hes sene and considderit the Quenis
Majesties writting within writtin And findis the samyn ressonabill
and convenient And thairfoir according to our Soveranis will and
mynd within declarit Ordanis and requiris the Comptrollar and Clerk
of Register To deliver the attentik copyis and extract of the
assignationis within specifiit to the Ministeris And sicklike Ordanis
and requiris the Lordis of Counsale and Sessioun to grant letteris
in the four formes with inhibitioun as is within desyrit And the
Comptrollar present and tocum to consent thairto upoun the saidis
assignationis in generall or particular as salbe desyrit in dew forme
as efferis.
XIII.
ACT in favour of the Ministerie of Glasgw.
Apud Edinburgh vij Maij Anno Domini 1m. vc. lxvij.
SEDERUNT.
Georgius Comes de Huntlie
Adam episcopus Orchadensis
Alexander episcopus Candidecase
Clericus Justiciarie
Clericus Registri.
Anent our Soverane Ladiis lettris rasit at the instance of the
superintendentis ministeris eldaris and deaconis of the kirk of
God with in this realme makand mentioun That quhair oure Soverane
Ladie being zealous to have the ministerie sustenit alsweill within
burrowis as to landwart throw hir haill realme hes assignit be the
self and separat a certane partis of the thridis of benefices to that
effect And als for the relief of the taxatioun and contributioun to
be gadderit and upliftit within everie burgh hes grantit and disponit
to the same effect and purpois all annuellis rentis of alteragis
chapellaneriis obittis and sic utheris within burrowis As ane act
maid be hir Majestie with avyise of hir secreit counsale thairupoun
at mair lenth beris Quhairby it is ordanit that the Provest baillies
and counsale of ilk burgh sall compeir befoir certane Lordis of
hir hienes secreit counsale To heir and se ane taxatioun and
contributioun modifiit set and imput be thame Or ony sex or fyve
nominat thairin after the quantitie of the burgh for sustentatioun
of the ministerie within the samyn And anent the charge given to the
provist baillies and counsale of the citie of Glasgow To compeir be
thameselffis or twa of thair nowmer auctorizat with thair commissioun
befoir the Lordis nominat in the said act or ony fyve or sex of thame
At Edinburgh or quhair it salhappen thame to be for the tyme upoun
the sext day nixt efter the charge To heir and se ane taxatioun or
contributioun modifiit appointed and set to be yearlie payit for
sustentatioun of the ministerie within the said burgh Efter the forme
and tennour of the said act With certificatioun to thame and thai
failzeit the saidis Lordis wald proceid to the making modificatioune
and imputting of the said taxt and contributioun upoun the said
burgh efter the quantitie thairof As at mair lenth is contenit in
the saidis letteris executioun and indorsatioun thairof The saidis
Provest baillies and counsale of the citie of Glasgow foirsaid
Comperand be James Flemyng and James Boyd quhais ressonis and
allegationis being hard and understand to the saidis Lordis and thai
ryplie avysit thairwith the Lordis of Secreit Counsale Decernis and
Ordanis the provest and baillies of the said Citie To content and pay
to thair minister resident within the samyn the soume of four scoir
pundis money of this realme of thair awin propir gudis yeirlie in
tyme tocum At twa termis in the yeir Witsonday and Martimes in winter
be equall portions Begynnand the first termis payment at the feist of
Witsonday nixttocum in this instant yeir of God l^m v^c thre scoir
sevin yeris Or at the farthest within xx dayis efter ilk terme under
the pane of rebellioun and putting of thame to the horne And gif thai
failzie thairin to put thame to the horne Or to poind and distrenze
thair reddiest gudis and geir thairfore And for relief of the saidis
provest and baillies That thai imput ane taxatioun indifferentlie
upoun al the inhabitantis of the said citie eftir thair habilitie
And poind and appryise thair reddiest gudis and gear in caise of non
payment And that letteris be direct hereupoun gif neid be in forme
as efferis And that the rest of the said ministeris stipend redaris
and utheris effairis of the kirk be payit of the reddiest of the
annuellis of the said burgh disponit be hir Majestie to that use.
[SIXTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk convenit in Edinburgh, in the
Nether Tolbuith thereof, the first day of July 1568: In the
whilk was present the Nobilitie, Superintendants, Ministers,
and Commissioners of Towns and Kirks. Thanks was gine to God,
and supplicatioune maid for his assistance of his Haly Spirit
be Mr John Willock, &c.
The same day for eschewing of confusione in reasoning, and that
every brother speak moderately in his owne rowme, and that with
reverence and licence, the haill brethren assembleit choose Mr John
Willock, Superintendant of the West, to be Moderator for this present
Assemblie, who, being chosen, acceptit the office under protestatione
that obedience be gine.
Sess. 2^a. Julij 6, 1568.
Anent the ordour hereafter to be usit in Generall Assemblies, to the
desyre of ane letter presentit be ane brother, for receaveing of the
ordour heirtofoir, they all votted and concluded as follows, viz.
That giue the ordour already receavit pleases not, men be reason of
pluralitie of voytes.
It was thought meit to reforme in this manner: First, That nane have
place to voite except Superintendants, Commissioners appointit for
visiting of kirks, Ministers brocht with them, presentit as persons
able to reasone, and having knowledge to judge with the foirnamit,
salbe joynt Commissioners of burghs and shyres, together with
Commissioners of Universities.
Secondlie, Ministers and Commissioners of shyres shall be chosen at
the Synodall Convention of the dioces, be consent of the rest of the
ministers and gentlemen that shall conveine at the said Synodall
Conventioune. Commissioners of burghs sall be appointit be the
({blank space}) Councill and Kirk of their owne townes.
Thirdlie, Nane to be admittit without sufficient commissione in
wreit, and on a venture: if this should come ane monopole and
perpetuall electione of a few certaine ministers and commissioners,
it is concluded that they be changit fra Assembly to Assembly.
Anent the questioune of murther upon suddentie, and for satisfaction
to be made to the kirk theirfore: First, it was answerit that the
cryme being confessit, or convict lawfully, the offender shall be
admonischit be the Superintendant, or be the nixt reformit Kirk where
the slaughter was committit, to abstaine from all participatioune
of the Sacraments, untill that he shall satisfie the Kirk as sall
be appoyntit, and that their admonition sall be published where the
cryme was committit, and where the recent bruite thereof was spread;
to the end that men may understand that the Kirk winks not at the
shedding of innocent blood. Secondlie, if the cryme be denyit, and
that the bruit thereof be constant, and as it were publick, yet shall
the suspect be commandit to abstaine from the use of the sacraments,
untill sic tyme as farder tryall may be had, or else that he be
solemnlie purgit of the bruit, as for the sudden murther; and that
quhilk is committit purposlie we remitt the answer thereof to ane
former act.
Anent the forme of receaving of the homicid or adulterer to the
societie of the Kirk.
Nane that hes committit slaughter, adulterie, or incest, or hereafter
shall committ the same, shall be receavit to repentance be any
particular kirk, till that first they present themselffs before
the Generall Assemblie, thair to receave their injunctions; and
thereafter they shall keep the same order that was prescryved to
Paull Methven in his repentance; this being addeit, that he or they
shall beir in their hand at all the tymes of their publick repentance
the same or lyke weapon wherewith the murther was committit.
Sessio 3^{tia}. Julii 7, 1568.
It was declared and fund, that Thomas Bassendie, printer in
Edinburgh, printed ane book, intituled the Fall of the Roman Kirk,
nameing our King and Soveraigne supreame Head of the primitive Kirk.
Also, that he had printit ane Psalme Book, in the end whereof was
fund printed ane baudy song callit Wellcome Fortune; whilk books he
had printed without licence of the magistrat or revising of the Kirk:
Therefore, the haill Assembly ordained the said Thomas, to call in
againe all the forsaids books that he has sauld, and keep the rest
unsauld untill he alter the forsaid title, and also that he delait
the said baudy song out of the end of the Psalme Book; and, farther,
that he abstaine in all tyme comeing from further printing any thing
without licence of the supreame magistrate, and reviseing of sic
things as pertaine to religione be some of the Kirk appointit for
that purpose. Attour, the Assembly appointit Mr Alexander Arbuthnot
to revise the rest of the forsaid tractat, and report to the Kirk
what doctrine he finds therein.
Sess. 4^a. July 8, 1568.
Anent the excommunication of Papists, and separation of them from the
societie of Christ’s bodie, after dew admonitione, refuising to joyne
themselffes to the Kirk: It is concludeit, that, after they have
receavit sufficient admonitions, according to the order established
in particular kirks, and, they yet remaining obstinate, they shall be
declareit publickly in all congregations necessar, to be out of the
societie of Christ’s bodie, to be excommunicat.
ARTICLES presentit to my Lord Regent.
First, That his Grace knaw the heavie and grievous complaints of
ministers against them, to subscryve the assignatiounes through the
quhilk they are altogidder disappointed of their stipends, for the
assignationes standing, the thirds are not able, as they are ordered,
to pay the ministers’ half-year stipends; in some parts, not the
quarter thereof.
It is thought ane thing very unreasonable that the Papists, enemies
of God’s Kirk and the commonewealth, and utheris that labours not in
the ministrie, shall possess freely, without impositione, the third
of the benefice, and the Kirk, whilk labours, shall not possess the
third.
Herefore, the Kirk desyres that my Lord Regent’s Grace will take
sic order that the commone charges might be sustained upon the two
parts of the benefice possessed be the Papists, and that the third
may remaine frie to be disponit to the Kirk; not that the ministers
desyres more nor thair reasonable stipends, but that the superplus
might support schools and the poor, according to the will of God;
and that the collectors of the Kirk shall yearly make compt thereof,
so that my Lord Regent’s Grace and the Councill shall know the
dispositioune of the samen.
_Item_, To schaw to my Lord Regent’s Grace, that there is sundrie
benefices vaikand, and specially the benefices of the commones
pertaining to Cathedrall and Metropolitane Kirks, that his Grace
would put them to qualified men, be the advyce of the Kirk, at this
tyme, the Kirk being assembled; utherwayes the Kirk must dispone
them as falling to them be reasone of sax moneths past, and nane
presentit; and also the kirks of the Nonreys presently vaikand, to
put qualified persones to them, as in speciall to Northberrick.
_Item_, That my Lord Regent’s Grace will give commissione and
authoritie to certaine persones for reformatione of the Colledge of
Aberdeene, that the corrupt office beirers, Regents and uthers be
removit, and uther qualified persones placeit in their rowmes, so
that the zouth may be instructed in godliness and guid literature.
_Item_, To desyre my Lord Regent’s Grace, order to be taken for
suppressing of vice; whereby the plague of God may be withdrawne
from the countrie, and that his Grace will take diligent care anent
the execution of justice againes sic odious crymes as shall be giue
his Grace in wreit, be the Superintendants and Commissioners of
Countreyes.
_Item_, That his Grace would cause sic as are appointed of the
Councill, conveen with them that are appointed of the Kirk, touching
the jurisdiction of the same to decyde therein, that tyme and place
may be condescended upon to that effect; and that it be done before
the Parliament.
_Item_, To advyse with my Lord Regent’s Grace and Councill, that in
the rowmes and countreyes where no superintendants are, they may be
placed.
_Item_, To understand what may augment or appoynt ministers’ stipends.
ANSWERS to the foresaids Articles be my Lord Regent’s Grace.
Att Edinburgh, the 8th day of July 1568, being on the Secret
Councill my Lord Regent’s Grace, my Lord Simple, my Lord
Glames, Secretar, Lord Ochiltrie, and my Lord Balmirrynoche.
Anent the complaint maid be the Kirk for default of payment of the
thirds of benefices to the sustentation of the ministrie:
The persones addebtit for payment of the same, being at the horne,
and no farther diligence to be usit for obtaining of payment, my Lord
Regent’s Grace, with advyce of the Lords of Secret Councill, ordayne
the thesaurer to receive all letters of horning to be presentit be
whatsumever collectors, either of the 1556 yeares crope, or of the
1557, or in tyme comeing; and upon the saids letters of horning, to
direct letters of horning to officers of armes, or to the shreffs of
the shyres, or uthers ordinare judges, to uptake the escheits of the
persones denunced and put to the horne, and of the first and readiest
escheats to pay to the collectors the soumes auchtand, for the
quhilks the saids persons was put to the horne; friely taking up the
remanent to our soveraigne Lord’s use: At the leist takeing so meikle
above the valour of the debt auchtand as will make the expenses upon
the executione of the letters in uptaking the escheit; So that no
expenses in execution of the saids letters be made utherwayes but of
the escheit of the persone denuncit.
All commone kirks shall be gine to qualified persons, ministers and
els within any prebendaries founded upon the fruits of the teinds of
Kirks, as Dumberney, and Ormistoune in Lowthian, as the prebendarie
vaiks, to be uptaken be the collectors.
Ordaines ane Commissione to be maid for the reformation of the
Colledge of Aberdein, and for placeing of godlie persones masters
thairin.
The row of the committers of vices to be presentit to my Lord
Regent’s Grace, wha shall cause the Justice-Clerk to proceed in forme
of justice againes them.
_Item_, The Lord Regent’s Grace shall giue warning to the persones
nameit in the end of the parliament, to conveine the 8th day of
August.
To the sixth head, That fforsuameikle as superintendants cannot be
presently appoynted, the Kirk mann appoint commissioners for the same
purpose, as they shall think guid to give commission, whill the next
Generall Assembly.
To the seventh head, anent the advyse for augmenting of minister’s
stipends, was be aduyce of my Lord Regent’s Grace and Councell, the
Clark Register, the Laird of Pittarro, and Mr Henrie Balnewis, with
foure of the Kirk, as they shall think meit, or any twa of them.
The Regent’s Letters anent the Chaplenries.
Wee understand that there is some chaplenrie properly pertayning to
the King’s Majesties presentatioune, and some at this present to be
disponit: We heirfore have thought good to require your opinione how
we sall proceid in that behalfe presently and in tyme comeing, that
ignorantly we doe nothing wherewith the Kirk may justly find fault
hereafter. Sic subscribitur,
JAMES, REGENT.
Sess. 5^a. July 9, 1568.
Ane Reader was proven and convict for meddling with ane certaine
woman, and afterward was verified that the same woman had ane husband
livand when the same reader medled with her, but alleadges he knew
not the same, and that he had not been in the uther man’s companie
ane certaine space before. Att command of the Kirk the reader put
away the said woman, who hes been from him the space of ane year or
thereabout. This reader desyres to be admittit to his office again,
in respect of his bypast conversatione be the said space of ane year,
and doe farther what the Kirk will injoyn him. Quæritur?
Answer: After publick repentance according to the order, receive him.
Ane minister convenit be contract with ane certaine vicar, and the
vicar sauld his viccarage of the Kirk whill the minister servit, in
favors of the minister, and the minister againe promised to pay him
ane certaine small sowme at times and dayes for the goodwill of the
viccarage, and that in manner of compositione, _nomine pensionis_;
and now ane uther minister accuses this former minister before the
Kirk, as ane man unworthie to bruik office, because of the said
contract, whilk he alleadges to be simoniall, and the uther protests
that he be convict in pena talonis in caise it be not fundine:
Quæritur, primum an predictus contractus sit simonis, et si sit, qua
pœna puniendus est ille primus minister; Secundo, Si accusator cadet
causa, qua pœna est ille puniendus qui illud scandalum suscitavit?
Answer: Publick repentance for the accusatione.
Sessio 6^a. July 10, 1568.
It is statute and ordained be the haill Assembly, that ministers,
exhorters, readers, or uthers persones hereafter trouble or molest
not the Generall Assembly with sic things as superintendants may and
aught decide in their synodall conventiones; and if any chances to
doe hereafter in the contrare, thir letters shall be receitit.
Touching the Bishop of Orkney’s suspensione from the ministry the
last Assembly, and his obedience and submission: The Kirk restores
him againe to his ministrie of the word, and alse ordaines him upon
some Sonday, when he best may for weakness of his body, to make ane
sermone in the kirk of Halyrudehouse, and in the end thereof to
confess his offence in marrying the Queene with the Earle Bothwell,
and desyre the Kirk there present for the tyme to forgive him his
offence and sclander gine be him in doing the forenamed act; the
whilk the Bishop promised to doe.
[SEVENTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, holdin at Edinburgh, in the
Nether Counsell-house, the 25th of December 1568: In the
whilk were assembled the Superintendants, Ministers, and
Commissioners of Townes and Kirks; Thanks being gine and
inuocatione for assistance of the Holy Spirit be Mr John Knox,
minister of Edinburgh. No mention of ane moderator.
Anent the letters receavit from my Lord Glencairne, daited att
Glasgow the 21st of December instant, bearing in effect the great
zeall his Lordship beares to the glory of God, to the maintaining
of an commone cause and instant necessitie of the ministers of
Christ’s Evangell, ffor support whereof his Lordship hes put the
Kirk in possession of the thirds of the Bishopric of Glasgow, mair
regairding the maintaining of the ministrie nor his Lordship’s own
profite and commoditie; shawing his Lordship’s great desyre to have
been at this present Assemblie if the urgent cause of the common
weall now in hands, and als the distance of the place now impedit;
promiseing whatsoever beis in this Assembly godlie concludit on,
his Lordship will sett fordward the same to the uttermost of his
power: Requesting also for the placeing of Mr John Porterfield, now
banisched from Dumbartone; as in lyke manner for ane godly learned
Inglishman, and for their reasonable stipends; off the quhilk his
Lordship’s godlie zeal and benefit bestowit on the Kirk, as also the
earnest carefullness for supporting the pastors of Chryst’s flocke,
the haill brethren assemblit praisit God unfainedly, and thanks his
Lordship maist heartilie, not doubting but the Spirite of the Lord
Jesus Christ will strengthen his Lordship vnto the end. As to the two
brethren requested for be his Lordship, the brethren assemblit hes
gine commission to Mr Androw Hay to place and appoint them according
to his conscience.
Because of the rairness of this Assembly, the 25th day of Februar
nixt was appointed to conveen on, and letters of advertisement was
ordained to be send to every superintendant, whais tennor follows:
The haill brethren presently assemblit, having consideration not only
to the bruit and sickness within this burgh, albeit (God be praised)
there is no occasione of feare thereof, but also of the great tempest
and storme of weather, thought to be universallie within this realme,
alswell in the north as in the south, that through feare of the ane
and impediment of the other, the Brethren, Superintendants of Angus,
Mearns, and Fife, Ministers, Commissioners, and uthers, alsewell
of these parts as of the west and south, might not compeir at this
Assembly according to the appointment thereof in the last Sessione of
the Assembly halden in July last, was thought meit to continow all
actions whatsoever unreasonit and undecydit whill the 25th day of
Februar nixt to come, and then to haue the haill brethren forsaids to
conveen in Edinburgh be themselves, or giue any thing chances in the
meanetyme, wherethrough justly they are impedit, thair commissioners
sufficiently authorised: give the said day and place please not,
the haill brethren or maist part thereof, to reason and conclude
all actiones pertayning to the ministrie, to condescend and appoynt
some other day and place, not only convenient for the ministers and
commissioners of townes and kirks, but also apt for resorting of the
nobilitie and privie councill, quhaise presence are very requisite
for setting fordward the affaires of the Kirk; and therefore exhorted
the saids brethren, ministers, and commissioners of townes and
kirks within their bounds respective, as was appointit in the last
Assemblie, to conveen in Edinburgh the said 25th day of February
nixt to come, as the brethren of the West and South shall be in lyke
manner warned thereto. Given in the Generall Assembly and first
Sessione thereof, subscribed be the Clerk of the same, day, year, and
place foirsaids.
[EIGHTEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk conveened in Edinburgh within
the Over Tolbooth thereof, the 25th day of February 1568(9), In
the quhilk were assemblit the Superintendants, Ministers, and
Commissioners of Townes, Kirks, and Universities.
As for eschewing of confusione in reasoning among the brethren
convenit, presently, with ane voyce was present chosen Mr David
Lindsay to be Moderator for this present Assembly.
Sess. 2^a. Februarii 26, 1568(9).
The haill brethren conveint and assembled thocht meit that ane
supplication be presentit to the Supreame Magistrate anent sic
persons as hes receavit their benefices in Papistrie, payand now
allanarlie their thrids, thinkand themselves therethrough dischargit
of all further cure in the Kirk; Requireing at his Grace what order
shall be tane anent sic persones. _Item_, Qwhidder it be lawfull to
ane minister of God’s word having benefice, to sett tacks thereof to
any particular persone within the parochine or without the same, and
if ane law shall be made, that no minister shall sett his benefice to
any particular persone.
_Item_, Ane supplicatione to be made be the Regent’s Grace for
reductione of all benefices gine to any persone contrare the act of
Parliament or Secret Councill, grantit in fauours of the kirk, or
ministers of the same.
The same day, Mr Andrew Blackhall, minister of Ormistoune, was
accusit be the Commissioners of the towne of Edinburgh for marrying
of ane callit James Hamilton, indwaller of the towne of Edinburgh,
with ane Janet Hunter in Ormistoune, without letters testimonialls
of their bands proclaiming: againes the qwhilk James, the Kirk of
Edinburgh had something to lay for offences committit. After all
defences made be the said Mr Andrew, the haill Kirk finds him to have
broken the act, That no ministers shall marry the parochiners of ane
uther parochine without ane sufficient testimoniall, and so guiltie
of the paines contanit therein; not the less the Commissioners and
ministers of the towne of Edinburgh made supplication to the haill
Assembly that the rigour of the act should not strike upon him, but
that some satisfaction should be made to the kirk of Edinburgh at the
discretioune of the haill kirk: Whilk supplication the haill brethren
acceptit, and ordained that the said Mr Andrew shall compeir before
the Sessione of the kirk of Edinburgh on Thursday next to come, and
there confess his awne offence, desyreing pardone thereof, with
promise of never to offend in sic sort heirafter, under the paines
containt in the said act, to be execute to the rigor thereof.
Sess. 4^a. Marche 7, 1568 [9.]
Tenor of the Letter sent be the Duke of Chatlherault his Grace,
to the Generall Assembly.
Grace, mercy, and peace, from God the Father, through Jesus
Christ, we wische to you.
Brethren, We thocht it expedient to certifie yow that being in
France, and hearing the great troubles in this our native countrey,
of conscience and dewtie was compellit to come home, desyreous to
helpe to pacifie the same at our utter power: First to the glory
of God Almightie, and next to the relief of the right sair and
lamentable oppressed trew subjects, quhais innocent blood and
innumerable heirschips, oppressiones, wrongs and slewths that hes
been committit, and daily is upon them, is to us so grievous and
intollerable a burden both in conscience and honor, that we refuse
not only this our native realme, but also the hale warld or it were
not reformit; and albeit in my absence I have sustained wrong, I
assure my owne particular naither in blood, lands, nor gear, is so
heavie to me as the great danger this haill kingdome stands intill,
giue be the grace of Almighty God, and help of the old and natiue
Scotts blood, it be not foreseen and relieved in tyme. Heiring of
your Conventione, brethren, at this tyme, I have send this bearer to
you to declare this to be our full and determinit minde to follow be
the grace of God; First, That the word of God may have free passage
through this haill realme, and that the sacraments may be ministrat
according to the institutione of Christ Jesus his Sone our Saviour:
Next, That every true subject of this realme may live without feare
upon that whilk is justly his owne, according to God’s calling
and commandement. In this cause of this present diversitie of our
native Soveraigne and ane pairt of her subjects, ffor the qwhilk
we are very heartilie sorrie, and as Almightie God knawes innocent
of foirknawledge of any thing, so we would wische all uthers to be
the lyke. Our desyre is, that all hostilitie and troubles might be
pacified according to the command of God, and that the haill Estates
in quiet and peaceable manner may continew, and first calling for
his grace and Holy Spirite of righteous judgement, might consider
the ground and beginning of this altogidder evill deid, I meane the
slaughter of the Queen’s late husband, what hes proceedet thereupon
sinsyne, and what God wald of reasone sould be done therefore; and
this to be devysed either be the haill estates or 25 of the wysist
of the nobilitie chosen be the haill, and to be followit be the whole
people of the realme, whereunto we of the nobilitie and all that
continews under our obedience to the Queen our Soveraigne, sall for
God’s and for the commone weall be found agreeable. I avoyde the
wrougous judgement may be spoken that we wreit this to yow because
of proclamations that the Earle of Murray hes made in diverse shyres
of this realme, to have the people in Glasgow the 10. of March: We
would ye should consider we doe it not for that cause: ffor first as
ye knaw sen before thir troubles begane we have never been in this
countrie before the 25. of this instant Februarii, wherethrough we
might haue shawen our minde herein, and all the people of Scotland
war gathered together, both for nativeness of blood and for good
deserving of my forbears and my selffe, thairs the strenth of the
world quhilk I could wishe myself and find me maist sure; and giue
the said Earle of Morray wold take upon him to invade me or any of my
friends or dependars, or any trew man of this realme, (as I cannot
think he will,) then trust I, that the nobilitie or people will not
assist him thereto, whill first they finde ane cause worthy, and be
declared be the antient lawes of the realme: And though we desyre
thir conventions and forces of men of war to be turnit upon the
thiefes and oppressors of the realme; whereunto we shall be most
ready with our bodies and gear to doe the devoure of noble and trew
men; yet, giue he will persevere to persew us, we doubt not in God
and the justice of our cause, to finde all the noble and trew men so
favourable to us, that it shall not be in his power to doe us wrong
upon particular malice, altogether without deserving. Therefore, we
require you in God’s behalfe to make some of our affaires and mynde
patent unto the people, and giue ye finde not on our pairt socht
here, and offerit that our Christiane professione dewlie requireth,
that ye come and reasone the same with us, where ye shall finde us
reasonable in all causes according to God’s word and equitie, on
qwhaies divyne protectione we committ you. Off Hamiltoune, the 27th
of February.
Your Christiane Brother,
JAMES HAMILTOUNE.
After reading of the said letter, the brethren being advysit
thereupon answerit to the bearer of the letter, That the Kirk would
send some of the brethren to my Lord Regent’s Grace to knaw his
pleasure, whidder they should wreit or send ane certaine of the Kirk
with Commissione frae the same to my Lord Duke’s Grace, schawing and
declareing the opinione of the Kirk touching his Grace’s letter. As
for that same, the haill Kirk gaue Commissione to the brethren, Mrs.
John Spottiswood, John Wynrhame, and John Row, to passe to my Lord
Regent’s Grace, and knaw his pleasure touching the said letter, and
thereafter to passe according to his Grace command, to my Lord Duke’s
Grace, and conferr with him and uthers of the nobilitie whom they
find present, and be all means possible to reconcile the nobilitie
forsaid to the obedience of the King’s Majestie and his Regent; and
farder to doe as the said Commission proports.
Sess. 5^a. March 8, 1568(9).
It was concludeit be the haill brethren assemblit, that an generall
fasting be proclaimit throughout all Scotland, and to begin in
Lawthiane, Fyfe, and sic uther places as may receiue advertisement,
the 13th day of this instant. Thereafter, the Superintendants and
Commissioners of provinces to advertise and begine at sic tymes as
they think expedient, and to continow from the first day to that day
aucht dayes inclusive; and in the meane tyme to use the exercise
accustomed in the Kirk of the first institutione, and als to use
sobrietie in eating and drinking in tyme of the exercise.
Moreover, concludeit that all Superintendants and Commissioners
of provinces shall hereafter institute and use the same order of
fasting, so oft as just occasione shall serve and sall seem meit be
their godlie wisdome, without any farther appointment by the Generall
Assemblie.
That remedie may be provydit against the oppressione of the Earle of
Huntlie and of uthers, who hes deposit the Collectors of the Kirk,
and tyrannouslie placit their owne.
That it may please his Grace and the Secret Councill that the Kirk
from admonitione may passe to farther censures against the said
Earle and all uthers guiltie of the lyke oppression, unto publick
excommunication, in case of his and their contempt.
That the Kirk, without offence of his Majestie, may appoint their
brother Mr Robert Pont where that his labours may be more fruitfull
than they can be for this present in Morray.
That order may be taken that sic odious crymes as this day provoks
God’s displeasure against the haill land, may be punished as God hes
commanded: giue his Grace send us to the Justice Clerk, experience
hes teached us sufficientlie what he hes done in any sic matters.
The Kirk requyres that aines the jurisdiction thereof may be separate
from that whilk is civill.
That the questione of adulterie may once take effect; at leist a
decisione in that heid--whether the adulterer shall be admittit to
the benefite of marriage or not.
[NINETEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk conveint in Edinburgh, and
Nather Counsell-house of the same, the 5th of July 1569: In the
quhilk were present the Superintendants, Ministers, Barrons,
and Commissioners of Townes and Kirks.
For eschewing of confusione quhilk might chance in reasoning
amongst the brethren presently conveint, with ane voyce was choysen
for Moderator, William Chrystesone, minister of Dundie, for this
Conventioune, who being present acceptit the office on him.
Sess. 2^a. July 6, 1569.
Anent the defence gine in the Assemblie halden in December 1567,
be Mr John Craige, ane of the ministers of Edinburgh, touching the
proclaiming of the Queene and Earle Bothwell, the said defence being
publickly read, the haill poynts therein conteint be the haill
Assembly maturely considerit; It was funde be the haill brethren that
he had done the dewtie of ane faithfull minister, and had committed
nothing sclanderous to sic as hes righteous judgement, in respect of
the defence forsaid, quhilk was fund both godlie and sufficient for
declaration of his innocencie thereanent, quhilk the haill Assembly
declarit and testified, and ordained the same to be notified to all
and syndrie.
Sess. 3^a. July 7, 1569.
Anent the punischment of adulteries, murther and uthers criminall
and capitall crymes quhilk deserves death, &c. Whether the supreame
Magistrate aught first to declare his minde of his satisfactione and
admissione, or if the Kirk shall receave them to repentance before
the declaratioune of the Magistrats will?
Anent persones guilty of capitall crymes fund the Superintendants,
Ministers, Elders or Deacons of reformit Kirks, to compeir to this
Assembly or any uther hereafter, and the saids persons fund not
compeirand, the Kirk ordaines the saids Superintendants or Ministers
to proceed to excommunication against them, and to notifie to
the Supreame Magistrate so many as for the offences are alreadie
excommunicate, that further punischment may be execute.
Certaine of the Articles presented to my Lord Regent.
That order may be tane for the sustentation of the poor, and that
ane portion of the teynds be appointit for that effect. And in like
manner, that the labourers of the ground may have intromissione to
lead their owne teynds upon reasonable compositioune.
_Item_, That sic as hes pluralitie of benefices may be compellit to
dimitt all save one.
_Item_, That remedie may be provided for chaiping and changing of
benefices, and selling of the same, dimminisching of the rentall, of
setting of lang taks in defraud of the Kirk, and that all taks sett
sen the assumption of the thrids may be disannullit, with express
inhibitioune agains the same in tyme to come.
_Item_, That the jurisdiction of the Kirk may be separate from that
quhilk is ciuill.
Anent this article, my Lord Regent’s Grace ordaines the persones
nominat in the act of Parliament to conveine the tyme of the nixt
chekker, and defyne and limitat the said jurisdictione according to
the word of God and the said act. Extract. ex libro actorum secreti
concilii.
ALEX. HAY.
The tenor of the Act made for Assignatioune of Stipends.
Forsuameikle as this lang tyme bygane the ministers hes been
universallie defraudit and postponit of their stipends, and now at
last it hath pleasit God to move the hearts of the superiour power
and Estates of this realme to grant the thrids of the haill benefices
within this realme to the ministers of Christ’s religione be plaine
and publick proclamation, as at mair lenth is conteinit in the said
Parliament, holden at Edinburgh in the moneth of December 1567; In
respect quhereof the Kirk presently convenit finds it maist needfull
and expedient, that all Superintendants, Ministers, Exhorters, and
Readers, shall have their owne particular assignations appointit to
them, to receave the same frae the hand of the laborers, taxmen,
or uthers addebtit in payment of the saids thirds: And therefore
the Kirk in ane voyce, be this act, gives their full power and
commissione to every Superintendant and Commissioner of Kirks within
their owne bounds, as they shall find the same expedient, under
the Superintendant’s subscriptione and ministers foresaids, with
all clauses needfull and expedient thereto, quhilks sallbe alse
sufficient as if the same were specifiet be the Generall Assembly of
the Kirk. And as concerning the Superintendants and Commissioners of
Kirks, their provisione and assignatione to be made be the Generall
Assembly of the Kirk.
And to the effect this act may take full perfectione, the Assembly
present requyres maist humbly, my Lord Regent’s Grace and Secrett
Councill, to interpone their authoritie thereto, that the
assignations forsaids, generall and particular, as they shall be
presentit to his Grace, may be specifit in forme of provisione ad
vitam, under the Privy Seal, with ordinance thereupone, that Letters
may be direct at every man’s instance, under all the four formes,
as is grantit to the possessors of the twa part; and alse to the
same end, that his Grace and his Counsell forsaid wald decerne the
thrids of the benefices forsaids within this realme, to be separate
and devydit reallie and with effect, from the twa part, so that the
Kirk may intromitt with the thrid part, as the possessors does with
the twa part, the superplus always to be comptable to the commone
effaires, conforme to the act of Parliament.
Sess. 5^a. July 9, 1569.
My Lord Regent’s Letter to the Assembly.
After our maist hearty commendations; Seeing we are not able to be
present at the Assembly now approachand, as our intentione was,
We thocht it convenient, brieflie to give you significatioune
of our meaning in wreit, of the quhilk we pray you to take good
consideration, and, accordingly, to give your advertisement. Ye are
not ignorant, as we suppose, what has beene the estate of the Kirk
of God within this realme, baith before we acceptit the burding of
regiment and sinsyne: How, first, the thirds of benefices war grantit
to the ministrie, thereby partlie relievit and sustainit in sic
sort, that nothing inlaikit that our travells could procure. The
first order, indeed, was divers wayes interruptit and brokin in, but
chiefly in that year when we were exyled in England, quhairthough
that year the haill ministers war frustrate of their livings.
Shortly, in the estate of Government altering at God’s pleasure,
and the King our soveraigne being inaugurat with the crowne of this
kingdome, the first thing we war careful of was, that the trew
religion might be established, and the ministers of the Evangell
made certain of their livings and sustentatione in tyme comeing: ye
knaw, at the parliament we war maist willing that the Kirk sauld
haue been put in full possessione of the proper patrimonie, and
toward the thrids we expeded in our travel, and inlaikit only a
consent to the dissolutione of the prelacies, whereunto, although
we were earnestly bent, yet the estates delayit and wold not agree
thereunto; and sen that tyme to this houre, We trust we will affirme,
that we have pretermittit nothing that may advance the religione,
and put the professors thereof in surtie, whereanent the haill and
only inlaike hes been in the ciuill troubles that God hes suffered
the countrie to be plagued with. Now, the matter being, after so
great rage, brought to some stay and quietness, it was convenient
that we returne where matters left and prease to reduce them to the
estate they stand in. Ane thing we must call to remembrance, that
at sic tyme as we travellit in the parliament to cause the estates
to agrie, that the thrids should be decernit to pertaine to the
ministrie, they plainly opponit them to us in respect of the first
act, alleadgeand, that, with the sustentation of the ministrie, there
was also regard to be had to the support of the puire, in sustaining
of the public chairges, quhilks, if they had not some reliefe be
that meine, the revenue of the crowne being so diminisched, and
the ordinare charges cume to sic grytnes, on force they wold be
burdenit with exactions; and so this dangerous argument compellit us
to permitt to the estates, that we wold take upon us, the act being
grantit to the Kirk, they should satisfie and agrie to ony thing
sould be thocht reasonable, for supporting of the public charges of
the prince. And, according to this, the Commissioner Deput for the
affaires of the Kirk agriet to certaine assignations of the thrids
for supporting of the King and us bearing authoritie; quhilk order
had been sufficient for the haill, give the ciuil trouble had not
occurrit; yet the disobedience growand so universallie, we are
content to sustaine ane part of the inlaik and loss for the tyme
past. But because there hes bene murmure and grudge for that thing
assignit to the King’s houss and ours, and some other needfull
things in the State, as that thereby the Ministers were frustrate
of their appointit stipends, some communicatione was had at St
Androis, and nothing yet concludit qwhill the Generall Assembly of
the Kirk, quhilk now moves us wreit to yow in this forme, prayand
yow richtlie to consider the necessitie of the cause, and how the
same hes proceeded frae the beginning, haveing respect, that the
Kirk will not be very well obeyit without the King’s authoritie
and power, and that now the propertie of the Crowne is not able to
sustaine the ordinarie chairges. How in the beginning the thrids
had not been grantit giue the necessitie of the prince had not been
ane of the chief causes; and at the parliament, the estates, as we
have before written, stak to consent that the haill thrids sould be
declareit to pertaine to the ministrie, whill first we take in hand,
that they being made without conditione in favours of the Kirk, the
same wold againe condescend to so meikle as wold be sufficient to
the support of the publick affaires, in furthsetting of the King’s
authoritie, and that therefore we will agrie and condescend to ane
certaine and speciall assignatione of it, that sall be imployit to
this use: The quantity qwhairof, diverse of your selves and the
beirer heirof, Mr John Wood, our servant, can informe you, that after
ye may distribute to everie ane haveing chairge in the Kirk of God
his stipend, according to the conditione of the place he serves in,
according to your wisdomes discretione. Hereby, all confusione that
lang hes troublit the estate of the Kirk toward the stipend, shall
be avoidit, and some speciall provision being made for sustaining
of their publick chairges, we may the better hald hand to sie the
Kirk obeyit of that whereon the ministers should live, as ye shall
reporte. That dureing our travells in the north countrey, they have
found our effectious good will, and travellit in their furtherance.
Farder, we man put yow in minde brieflie of ane matter that occurrit
at our late being in Elgine. Ane Nicoll Sudderland in Forres was
put to the knawledge of ane assyse for incest, and with him the
woman: the assyse hes convict him of the fault; but the question is,
whether the same be incest or not, so that we behovit to delay the
executione whill we might have your resolutione at this Assemblie.
The case is, that the woman was harlot of before to the said Nicoll’s
mother brother. Herein Mr Robert Pont can informe yow mair amplie,
to whais sufficiencie we remitt the rest. Mair over, at our coming
at Aberdeen, there came ane named Porterfield, minister, provydit
of before to the Viccarage of Ardrossane, and required also of us,
that he might also have the viccarage of Steinsone, seeing both was
ane matter meine aneuch to sustaine him, and because the kirks war
neir, he might discharge the cure of both. We haveing him commendit
be diverse great men to the same, but thocht guid to advertise yow
that this preparatione induce not evill example and corruptione;
alwayes, in caice sic things occurr hereafter, let us understand what
ye would have us to doe, as in lyke manner, towards the chaplanries
shall happen to vaike; whereanent, because there is no certaine
order, and some confusione stands, some desyrand them for lyftyme,
some for inffants that are not of the schooles, and some for seven
yeares. We are sometyme preasit to receave or confirme assignationes
or admissione of benefices, the preparature whereof appears to bring
with it corruptione, and so we would be resolvit how to proceed.
Before our comeing from Fyfe, and sinsyne, we have beene very willing
to doe justice on all suspect persones of witchcraft, as also upon
adulterers, incestuous persons, abusers of sacraments, quherin we
could not have sic expeditione as we would have wisched, because we
had no uther probabilitie whereby to try and convict them but ane
generall delatione of names; the persones suspect not being, for
the maist part, tryit and convict be order of the Kirk of before.
This hinderit many things that utherwayes might have been done; and
therefore we pray you appoynt and prescryve, how the judgement of the
Kirk may proceed and be execute against all sic trespassers, before
complaint be made to us, that when we come to the cuntrie, we may
cause execute the law, and be relievit of the tryall of inquisitione
heiranent. We thocht expedient to give yow this for advertisement;
and so remitts the haill to your care and diligence, committs yow in
the protectione of Eternall God. Aberdeene, July ultimo, 1569. Your
assurit ffriend,
JAMES, Regent.
Articles and their Answers.
To the Questione, whether the cryme before specifiet, committit be
Nicoll Sudderland, be incest or not? Answerit, The Kirk finds it
incest, and so hes resolvit.
_Item_, Anent the Chaplanries that shall happen to vake? Annswerit,
The Kirk agriees that they be disponit to Colledges or to the puire,
conforme to the act of Parliament, and no utherwayes.
[TWENTIETH GENERAL ASSEMBLY.]
The Generall Assembly being appointit in Strevilling, February
25, be reason of troubles falling out be the slaughter of
my Lord Regent’s Grace, was continueit till the first of
Marche, and begunne in Edinburgh the said day, 1569(70),
in the Tolbuith thereof; where was present the Nobilitie,
Superintendents, Commissioners to plant Kirks, Ministers, and
Commissioners of Kirks and Townes. The Sermone and Prayers made
be William Christisone, Minister of Dundee, last Moderator.
Ordour to proceed in the Assemblies.
First, That he who is moderator in the last Assemblie, shall make
the prayer and exhortation in the Assembly thereafter following;
whilk endit, the Kirk proceedit to the chuseing of a new moderator,
quho shall continue make prayers and exhortations as said is, and so
furth, from Assembly to Assembly.
Secondlie, The tryall of Superintendants and Commissioners
for planting of Kirks, with the accusationes, if any beis, be
Superintendants, Commissioners, or any uthers, against ministers.
Thirdlie, The penitent committit to the Superintendants or ministers
at the last Assembly, to be receavit according to the ordour
appointed be the last Assembly, and alse to give injunctions to
uthers notorious criminall persones, that aither are fund be the
Superintendant, Commissioner of the Kirk, or of their own freewill,
moveit be hatreit of their cryme, presents themselffs in the Generall
Assembly.
Fourthlie, To decerne upon sic things as aither was undecydit at the
preceidand Assemblie and remittit to this, or else referrit hitherto,
be the Lords of Sessione, Auditor of Chekker, or any uther wayes.
Sessio 2^a. March 2, 1569(70).
The haill brethrene convenit, in ane voyce, for eschewing confusione
in reasoning, chuse Mr John Craige, ane of the ministers of
Edinburgh, to be Moderator in this Assembly, and to make the prayer
and supplicatione in the beginning of the next Assembly, according to
the order appointit.
Anent the complaint gine in be Thomas Smith in Ochiltrie, againes Mr
John Smyth, minister in Ochiltrie, for debarring the said Thomas from
the Lord’s table, because he removeit ane shoe off ane horse upon ane
Sonday afternoone in Ochiltrie, where neither preaching nor publick
prayers was. After long reasoning, the said Thomas was ordainit to
be receavit to the participatione of the Lord’s table, and uther
benefites of the Kirk, hereafter, notwithstanding of the alleadgit
fault abovementionat.
The Kirk ordaynes sic persones as are convict of incest or adulterie,
and hes not stubbornly contemnit the admonitions of the Kirk,
nor sufferit the sentence of excommunication for their offences,
shall make publict repentance in sackcloath, at their owne kirks,
bairheaded and barefooted, three severall dayes of preaching, and
after the said third day, to be receavit in the societie of the Kirk,
in their owne cloathes. The uthers that hes been excommunicat for
their offences shall present themselves bareheaded and barefooted sax
preaching dayes, and the last, after sermone, to be receavit in their
owne cloathes, as said is.
Sessio 3^a. March 3, 1569(70).
Anent homicids, incestuous persones, and adulterers not fugitive from
the lawes, but continuallie suteing to be receavit be the Kirk to
publick repentance; after long reasoning, with mature deliberatione,
the haill brethren presently assembleit, concludit, that all sic
persones, humbly suiting, shall be receavit, to give the signes
of their repentance in their awne kirks, according to the order
appoyntit before, at qwhilk tyme the minister shall publickly notifie
their crymes, that thereby the civill magistrates may know the
crymes, and pretend no ignorance thereof.
Give they be excommunicat for their offences, they shall stand
bareheaded at the kirk doore, every preaching day, betwixt the
Assemblies, secluded from prayers before and after sermone, and then
enter in the kirk, and sit in the publick place bareheaded, all the
tyme of the sermons, and depart before the latter prayer.
The uthers that are not excommunicat shall be placeit in the publick
place where they may be knawne from the rest of the people,
bareheaded the tyme of the sermones, the minister remembering them
in his prayer in the tyme after preaching; all the saids persons to
bring their ministers’ testimonialls to the next Assembly of their
behaviour in the meantyme, according to the act made thereupon be the
Kirk in the 2d Sessione, halden July 7, 1569.
Anent the complaynt of the parochiners of the kirk of Kilmenie
for wanting of ane minister to preach God’s word and minister the
sacraments, the haill Kirk concludes, that in respect of the number
of qualified and learnit men of the auld Colledge able to preach, and
also the nearness of the said Colledge to the said kirk, That some of
them shall either preache and minister the sacraments to the people,
or else injoyne uthers to doe the same qwhill farder order be taine.
Sess. 7^a. March 3, 1569(70).
Anent Robert Lickprivick his supplicatioune for support of the Kirk
in his office of printing: The Kirk haveing respect to his povertie,
the great expenses he hes made in bying printing irones, and the
great zeal and love he beirs to serve the Kirk at all tymes, hes
assigned to him, ffyftie punds yearly, to be payeit to him out of
the thrids of the Kirk, be the Collectors underwritten, viz. the
Collector of Lowthiane 20 łb., the Collector of Fyfe 20 łb., the
Collector of Angus 10 łb.; Quhilk soume the auditors of the compts
for the Kirk shall thankfully allow to every ane of them.
Sessio 8^a. March 9, 1569(70).
It is statute and ordanit that no minister, provydit or heirafter
that shall be provydit to benefices, sett in tack any manner of
way, their gleib or manse, neither yet any part of the fruits or
emoluments thereof, in diminutione of their rentalls, under the paine
of depryving from the benefice for ever; decernyng also the tacks
sett in manner forsaid, to be null and of none effect as done be him
that hes no power.
Sessio 9^a. March 11, 1569(70).
Quhat shall be done to them that will not forbear the company of
persones excommunicat, after dew admonitions? To be excommunicat
except they forbear.
The children of the excommunicat persones to be receavit be ane
faithfull member of the Kirk to baptisme.
Ane single woman committing adulterie with ane married man should be
equally punished.
Quhair a man repudiats his wife and bairnes without ane cause, and
no wayes will receave her againe, the minister should labour for
reconciliatione, and the pairtie offendit complaine to the judge
competent.
Ane promise of marriage made before the readers and elders in ane
reformit kirk, the parties contractit compeirs before the Minister
and Sessione, requires their bands to be proclaimit; quhilk beand
done, the Kirk finds carnall copulatione to have followit, be
confessione of baith parties: when the Kirk requires them to proceid
to the solemnizatione, the woman refuses.
Admonische the refuisand to solemnize the marriage, or else to gett
ane decreit from the judge competent, that they should not marrie,
under the paine of excommunicatione.
Persones, after promise of marriage and proclamation of the bands,
desyrand to be frie from the bands, no carnall copulatione following,
should be free, _si res est intergra_, and their inconstancie
punishit.
It is not lesum for ministers to leave their vocatione and use other
offices and chairges within the commone weill, without consent of the
Kirk; and in tymes cumeing, it is needfull that all them that serves
in the ministrie be publickly inaugurat.
[TWENTY-FIRST GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, halden at Edinburgh in the
Nether Councill House, the 5th day of July 1570, quhair
was assembleit the Nobilitie, Barrones, Superintendants,
Commissioners of Kirks, Provinces, Townes, and Ministers: the
prayer made be Mr John Craige.
The haill brethren presently conveint, chuse Mr Robert Pont Moderator
for this Assembly.
Penitents that, for their offences, resorts to the Generall
Assemblie, either to receive injunctions for to schaw signes of their
repentance, or that sould present themselfes before the same in
linnen cloathes and receave farther injunctions, that they be warnit
to compeir the second day of the Assembly peremptorlie.
Ministers, at their publick inauguration, shall protest solemnlie
that they sall never leive their vocatione any tyme thereafter under
the paine of infamie and perjurie.
Anent the tryall of young children, and how they are brought up be
thair parents in the trew religion of Jesus Christ: It is ordainit,
that ministers and elders of kirks shall, universallie within this
realme, take tryall and examine all young children within their
parochines that are come to nyne years, and that for the first tyme;
thereafter, when they are come to twelve yeares for the second tyme;
the third tyme, to be examined when they are of fourteen years,
wherethrough it may be knawne what they have profited in the schoole
of Christ from tyme to tyme.
Sessio 3^a.
It is ordained, be reasone of the great troubles fallen out lately
in this realme be defectione of some from the King’s Majestie’s
lawfull authoritie, that certaine brethren be sent from the Kirk to
all sortes, Earles, Lords, Barrones, and gentlemen whatsumever, that
hes made the foresaid defectione, and travell with them be all meanes
possible, to reconcile them to the lawfull obedience of his Majestie,
and to certifie them that disobeys, that the haill Kirk will use
their sword against them, quhilk God’s word hes committit to them.
Commissioners for that effect--Mr Andrew Hay and Mr David Lindsay, to
my Lord Duke’s Grace, the Earles of Argyll, Eglintoune, Cassills, the
Lord Boyde, and uthers barrones and gentlemen that they can gudlie
meit with within the wast parts; The Laird of Dunn, Superintendent
of Angus and Mernes, to the Earle of Crawford, the Lord Ogilvie, and
their assisters: Qwhilk Commissioners war commandit to report their
answers to the next Generale Assemblie.
Sessio 4^a.
The controversie in St Androis betuixt Mr Robert Hamiltoune, minister
there, and his Colleges on the ane parte, and Mr James Carmichael
and his Colleges on the uther parte, is traitit and discussit be
the Assembly of the haill Kirk, because the same concerns doctrine,
sclander that may rise therein, or discipline of the Kirk.
Cloakers of adulterie sould be callit and convict; and if it be fund
that they have cloakit publick adulterie after their knawledge,
then let the law haue place. _Consentientes et agentes pari pœna
puniantur._
Quhen a woman beares a bairne to a certain man, and, in the tyme of
her birth, before the midwife, alleadges the bairne to be this man’s,
and beand callit before ane judge, beand readie to sweir the same,
and this man is ready to swear the contrare, and that he never had
carnall dealings with this woman, and there is no other witness,
Whether shall credence be gine to the man’s oath or to the woman’s?
and shall the bairne be left without ane father knowne?
Answer, _Neutri credendum_.
All things being done that the civil ordour requires of them that
withhalds the dewtie of the Kirk, whereby the ministers wants their
stipends, the Kirk may proceed to excommunication for their contempt.
Sessio 5^a.
Compeirit Mr James M‘Gill of Rynkelour Nather, Clark of Register
and Counsellor to our soveraigne Lord L., John Ballantyne of
Auchnouchill, Knight, Justice Clark, and Mr Archbald Douglass, ane
of the Lords of the Colledge of Justice, who, in presence of the
haill Assembly, proponit in my L. Chancellor’s name, how his L.
had understand that in the contraversie amongst them in St Androis
there was continwet some heads tending to treasone and against the
King’s Majestie’s authorities, Therfore requirit the Kirk presently
assemblit to superside all devisione in that matter concerning the
King’s Majestie, untill the tyme the nobilitie conveine, qwhilk
will be within ten days, before whom that heid aucht to be sichted;
nottheless that the Kirk proceed to sic things therein as pertayns
to their owne jurisdictione; unto the qwhilk protestation the Kirk
agriet.
The said day the haill Kirk presently assemblit, in ane voyse and
mynde, gives full commissioune and power to the honorable their
brethrene, John Erskine of Dunn, knight, superintendant of Angus and
Mernes, Mrs John Wynrhame and Spottiswood, superintendants of Fyffe
and Lawthiane respective, Mr James M‘Gill, Rankelour Nather, Clark
of Register and Counsellor to our soveraigne Lord, Mr John Knox and
John Craige, David Lyndsay of Edinburgh and Leith, ministers, the
proveist of Dundie, Mr Thomas M‘Allzean, The Lairds of Balvaird,
Spott, Braid, Carnaill, Dreghorne, Lundie, Howstowne, Drumqwhassell,
Coldenknows, Carden, Fawdensyde, Thorntowne, Inchbrakie, David
Forrest, Generall of the Conzie, David Ramsay of Dundie, Patrick
Morray in St Johnstowne, and Robert Campbell of Kinzeaunclewghe, or
any eight or seven of them, To compeir in Edinburgh the VI
of this instant moneth of July, with continuatione of dayes, so oft
as the nobilitie of this realme shall conveine betwixt this and the
next Generall Assembly of the Kirk; and there, in name and behalf
of the haill kirks of Scotland, propone and present to the said
nobilitie, articles, heids, supplicationes, and complaints, such
as the said Kirk hes pennit and delyverit to the said brethren,
or hereafter shall, before the next Generall Assembly, delyver
maist humbly in their names, to require answer and grant to their
articles and supplicationes, and with redress of their complaintes
according to equitie and justice, To assist, concurr, and consent
to all and whatsumever shall be treatit in the said conventione
tending to the setting forward of the glory of God, preaching and
maintaining of trew religion within this countrie, King’s Majestie
authoritie, commonweall and authoritie of this realme: As also to
take cognitione in all and whatsumever complaints, supplications, and
requests of brethren speciallie remittit to them be this Assembly;
and whatsumever beis done be them in the præmises, to report the same
to the nixt Generall Assembly of the Kirk to begine in Edinburgh
the first day of March nixt to come, ffirm and stable haldand and
for to hald, all and whatsumever the saids brethren any aucht or
sevine of them in the premises leads to be done. The Kirk presently
assemblit, for certaine causes moving them, discharges all and
sundrie assignationes and pensiones grantit be the Kirk dureing their
will, to whatsumevir persone or persones before the date heirof, and
ordaines the Collector of the Kirk to intromett therewith heirafter,
and to put inhibitione to all them that heretofore hes had any sic
assignationes or pensiones, except that whilk is assignit to the
King’s Majestie’s hand allanerly.
[TWENTY-SECOND GENERAL ASSEMBLY.]
The Generall Assembly, halden at Edinburgh the 5th of
Marche 1570(71), In the qwilke war present the Barrons,
Superintendants, Commissioners to plant Kirks, Commissioners
of Provinces, Universities, Towns, Kirks, and Ministers, Mr
George Hay was chosen Moderator be the suffragis, to make
prayers in this Assembly and exhortation in the beginning of
the nixt.
Sess. 1^a.
The Kirk assemblit ordains all superintendants and commissioners to
plant kirks, to present hereafter, their books of their visitationes,
every ane within their province respective, to every Assembly
heirafter following, to be sichted and considerit be sic brethren as
shall be appointit thereto, fra Assembly to Assembly, To the effect
the Kirk may knaw their diligence in executing their offices within
thair provinces. The Kirk finds fault that Mr John Rutherfurde,
minister at Cultis, hes not done diligence in serving the said cure
at leist certaine tymes in the year, admonisching him therefore to
amend the said fault in tymes comeing, wtherwayes the Kirk will
proceed against him as ane neglector of dewtie.
Sessio 2^a.
Articles pertayning to the Jurisdictione of the Kirk, to be
proponit to the Regent’s Grace and Secret Councill, and socht
to be appointit be them.
1. Ffirst, that the Kirk have the judgement of trew and false
religion or doctrine, heresies or sicklyke, annexit to the preaching
of the word, and ministratione of the sacraments.
2. Electione, examinatione and admissione of them that are admittit
to the ministrie, or uther ffunctions in the Kirk, charge of sawls,
and ecclesiasticall benefices, the suspensione and deprivation of
them therfrae for lawfull causes.
3. All things concerning the discipline of the Kirk, whilk stands
in correctione of manners, admonitiones, excommunicationes, and
receaving to repentance.
4. The judgement of ecelesiasticall matters betwixt persones that are
of the Kirk, and speciallie among them that are constitute in the
ministrie, alseweell concerning beneficiall causes as uthers.
5. Jurisdictions to proceid be admonitiounes, to the process of
excommunication, if neid beis, against them that robbs the patrimonie
of the Kirk pertaining to the ministrie, or utherwayes intromitts
therewith unjustlie, whereby the ministrie is in danger to decay, be
occasion of the povertie of the ministers.
6. And because the conjunctione of marriages pertaynes to the
ministrie, the cause of adherents and divorcements aucht also to
pertaine to them, as naturallie annexit thereto.
* * * * *
Adulterers, incestuous, and homicids, war ordainit to repair towards
their own ministers, there to receave their injunctions, whill the
next Convention Synodall of the Superintendants or Commissioners
of their own provinces respective, and there to present themselve
in linnen cloathes, bareheaded and barefooted, humblie requestand
the Kirk there assemblit to receave them to the societie of the
faithfull, with farther injunctions, and to bring their testimonialls
from their ministers of their behaviour in the mean tyme.
Sessio 3^a.
Forsuameikle as it hes been ordainit be the Generall Assemblies, that
all adulterers, murtherers, incestuous persons, and uthers committers
of hainous crymes, first sould present themselves to the Generall
Assembly, there to resave their first injunctione, and at the next
thereafter following, to present themselves in linen cloathes, &c.;
And forsuameikle as diverse of the saids offenders partly are far
distant frae the places of Generall Assemblies, uthers for povertie
and deidlie feids may not nor dare not travell through the countrie
to present themselves before the saids Assemblies: for thir causes
and uthers considerationes moveing the Kirk presently assemblit, they
statute and ordaynit that all sic offenders sall be callit heirafter
be the Superintendants and Commissioners of provinces, to compeir
before them in their Synodall conventions, to be halden be them twyse
in the yeir, to receave and take their injunctions, conforme to the
order usit before the Generall Assemblies in all sorts.
The haill Kirk assemblit ordaynes, that all questions heirafter be
proponit and presentit to the Superintendants and Commissioners
forsaids in the saids Synodall Conventions, there to receave their
solutions; and gif any questione happins to be hard for them that
shall happen to be at the said conventione, then, and in that case,
the Superintendant or Commissioner of Kirks, present the said hard
questions to the Generall Assemblie, there to receave solutione
in their roome, according to the rule; with certification that no
questions hereafter shall be receavit in Generall Assemblies from
particular ministers.
Sessio 4^a.
The Kirk assemblit statutes and ordaynes, that all marriages be made
solemnly in the face of the congregation, according to the ordour
published; and also inhibits all ministers and exhorters, that nane
of them solemnize marriages of any persones of uthers congregationes
nor their awne, without sufficient testimonialls from their
ministers, or else licence askit to obtaine it be the contractors,
under the pains establishit before, against the ministers and
contractors, with their parents, to make publick repentance at the
commone pillar of repentance, at the discretione of their awne kirks.
Sessio 5^a.
The Kirk assemblit ordayns all ministers to inhibit all civil
magistrates to hald their courts within Kirks; if need bees, to
admonishe.
The Kirke ordaines all Superintendants and Commissioners to plant
kirks in their first Synodall conventions hereafter following, with
the advyse of their ministers, to reason and appoint publick fasting
if it shall be thought necessar; and also that they appoint certaine
brethren to creat unitie and concord among the nobilitie of this
realme.
Compierit in Assemblie, Mr Robert Wynrahame, collector of Fyfe, and
schaw how he was purgit be ane condigne assyse before the civill
magistrat, for the slauchter of Thomas Kinries, citicen in St
Androis; nevertheless, because the blood was sched against his will,
allwayes he willingly offerit himself to the Kirk for satisfaction of
the Kirk.
The Kirk ordaines Mr Robert Hamiltone, minister of St Androis, to
declare, after the sermone upon ane Sonday, the purgation of the said
Mr Robert of the slaughter, and, therefore, call upon him to repaire
before the pulpit, exhorting him to enter in consideration with
himself, according as is contenit in the book of excommunication,
and thereafter to humble himself, ask God, the congregation, and the
partie, pardon, and to uthers that were sclanderit with the fault, &c.
Anent excommunicat persons for now adhereing to the established
religion, and not joynit thereto of before, yet nottheless, presently
of their awne frie will, submitts themselves, and requires to be
receavit in the societie of the faithfull. The Kirk ordaines the
saids persones to be receavit be the minister in low and humble
habite, with sackcloth, observing the order prescryvit in the book of
excommunicatioune in all uther poynts.
Quhair ministers are not in practise of excommunicatione, or
will be contemnit in their executiones, it is necessar that the
Superintendant, or some uther sufficientlie qualified and authorised,
use the same.
If it be lisum to the minister to proceed against the magistrats
who will not put to execution the acts of Parliament concerning
discipline, and uther particular acts universallie agreit upon
be their owne particular congregatione, with the sentence of
excommunication?
This is else concludit; admonitions passing dwely before, against
them.
Promise of marriage, _per verba de futuro_, sall be made, according
to the ordour of the reformit Kirk, be the minister, exorter,
or reader, takand cautione for abstinence till the marriage be
solemnizat.
If ane man ravishe a woman against her will, and her parents, and
strike her parents under silence of night, and the magistrat will
put no correction thereto, Qwhither if the Kirk sould proceed with
monitors and excommunicatione to satisfie the sclander? It is lawfull.
Qwhat order shall be taken with her, who, committing fornication with
a man, does suffer the same man heirafter to marrie her own sister,
and, hearing the bands proclaimit, wad not reveall the impediment,
but, be concealing of the cryme, was guiltie of the incest following?
Answer, Baith he and she to be punishit according to the discipline
of the Kirk, but chiefly the man, and the second cannot be his wife.
Qwhat order shall be taken with them that impugnes proclamation of
bands, and chieflie be infamie, and proves not? Let sic persones be
punischit according to the discipline of the Kirk as infamous.
It is altogether unthankfull be any minister of God’s word, to
receave any benefice be the presentation of a laick persone patrone,
under pactione and condition made with the patrone thereof, tending
to simonie, viz., that the patrone have the great part of the teinds
and the minister the small portione thereof.
What order shall the Superintendant take with a man that hes suitit
libertie to marrie thir three or four yeares, being, before his owne
particular kirk, inhibited to marrie, because he deflorit a virgine,
being his own servant, lest he wald take her to his wife, seeing the
judiciall law is not yet receavit, and alse the man hes her discharge
of marriage under the forme of instrument before the decreit was
pronuncit against him be his awne particular kirk, all things being
trew according to the narrative? It is thocht the decreit gine for
sic ane cause may be reduced be the Superintendant, and the man may
obtaine liberty to marrie: yea, and there is injurie done to him
alreadie.
[TWENTY-THIRD GENERAL ASSEMBLY.]
The Generall Assemblie, begun and holdin at Striviling the 6th
of August 1571: In the qwhilk war present the Superintendants,
Commissioners to plant Kirks, Barrones, Ministers,
Commissioners of Provinces, Townes, Universities, and Kirks. Mr
Gilbert Gairden chosen Moderator.
Sessio 1^a.
MR JOHN KNOX EPISTLE.
The mightie Spirit of comfort, wisdome, and concord in God,
remaine ever with yow.
DEARE BRETHREN--If abilitie of bodie would have sufferit,
I sould not have troubled yow with this my rude inditement. I have
not forgot what was layed to my charge, be famous lybells, the last
Assembly, and what a brag of adversaries maid personall to accuse at
this Assembly, qwhilk I pray you patiently to heare, and judge of
me as ye will answer to God; ffor unto yow upon that heid, submit
I myself, being assurit that I neither offendit God nor good men
in anything that hitherto hes beene layed to my charge. And now,
brethren, because the decay of naturall strength threatens unto me
certaine and suddaine departure frae the miserie of this life; of
love and conscience I exhorte yow, yea in the feare of God I charge
and command yow, that ye take heed to yourselffis, and to the flock
over the qwhilk God hes placit yow pastors. To discourse of the
behaviour of yourselffis, I may not; but command yow to be faithfull
to the flock, I dare not ceass. Unfaithfull and tryitors to the
flock shall ye be before the Lord Jesus, if that with your consent,
directly or indirectly, ye suffer unworthie men to be thrust into the
ministrie of the Kirk, under what pretence that ever it be. Remember
the Judge before whom ye must make account, and resist that tyrannie
as ye wald avoyd hell fyre. This battell, I grant, will be hard; but,
in the second poynt, it will be harder; that is, that with the lyke
uprightness and strength in God, ye withstand the merciless devorers
of the patrimonie of the Kirk. Give men will spoyll, let them doe it
to their owne perrell and condemnatione; but communicat ye not with
their sins, of what estate that ever they be; neither be consent nor
yet be silence, but, with publick protestatione, make this knawne
unto the world, that ye are innocent of sic robberie, qwhilk will,
or it be lang, provock God’s vengeance upon the committers thereof,
whereof ye will seek redress of God and man. God give you wisdome
and stout courage in so just a cause, and me ane happie end. Att St
Androis, 3d August 1571.
Your brother in Christ Jesus,
JOHNE KNOX.
Sessio 2^a.
The haill Assembly concludit that certaine brethren, Commissioners
shall passe to my Lord Regent’s Grace, Councill, and Parliament,
to reasone and conclude upon the heids, articles, and desynes,
presentit in his Grace’s name to this Assemblie, to propone, humblie
requeist and desyre, in the Kirk’s name, the granting of sic heids,
articles, and redress of complaints, as shall be given to them
be the Kirk;--the ane and the uther to be concludit alwayes on,
conforme to the instructions to be delyverit to them. Commissioners,
John Erskine of Dunne, Knight, Superintendant of Angus and Mernes;
Mr John Spottiswood, Superintendant of Lawthiane; John Wynrahame,
Superintendant of Fyffe; John Row, Commissioner of Nythsdale and
Gallaway; Andrew Hay, Commissioner of Ranfrew and Lennox; George Hay,
Commissioner of Aberdeene and Banmff; David Lindsay, Commissioner
of Kyle, Carrick, and Cunninghame; David Fargysone of Dumferling,
John Dunkesone of the King’s Majestie’s house, ministers: John
Ogilbie, Ennerquharetie, Knight; Mr William Lundie of that Ilk; James
Johnstoun of Elphinstoune; William Cunningham of Cunninghamheid; Hew
Wallace of Carnvaill; Thomas Kennedie of Bardgavie; John Schaw of
Grinock; Alexander Forrester of Carden, or any elevine of them, to
compeir in Striviling, the 22d of this instant, at nine howres before
noone, to counsell and reasone in the commissione given in the last
Assemblie.
[TWENTY-FOURTH GENERAL ASSEMBLY.]
The Conventione of the Kirk, halden in the Kirk of Leith, 12th
Januar 1571(2): In the quhilk war present the Superintendants,
Barrones, Commissioners to plant Kirks, Commissioners of
Provinces, Towns, Kirks, and Ministers. Mr Gilbert Gardin,
continued Moderator.
Sessio 1^a.
The brethren presently convenit, all in ane voice concludit that this
present conventione shall have the strenth, force, and effect, of ane
Generall Assembly, and that all things be treatit and endit herein,
that may guidlie be done, and usit to be concludit in ane Generall
Assemblie, nottheless that all sic brethren as may gudlie travell,
conveine to the Generall Assembly, to begin in St Androis the saxt
day of March nixt to come, and the Moderator to continow to that
tyme, and make exhortation according to the rule.
Sessio 3^a.
The Kirk undirstandand that my Lord Regent’s Grace and Counsell was
desyreous that Mr Robert Pont sould accept the place of ane of the
Senators of the Colledge of Justice, quhilk he would on no wayes
accept, without the advyse of the Kirk; Therefore the haill brethren
assemblit, gives licence to the said Mr Robert, to accept and use the
said place of a Senator of the said Colledge of Justice, what tyme
he shall be required thereto: Providing alwayes, that he leave not
the office of the ministrie, but that he exercise the same, as he
sould be appoyntit be the Kirk; and this their licence to the said
Mr Robert, to be no preparative to no uther minister to procure sic
promotione, unless the Kirk’s advyce be had of before, and license
obtained thereunto.
[TWENTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assemblie, haldine and begun in St Androis,
the saxt of March 1571(2): In the quhilk were present the
Superintendants, Barrons, Commissioners to plant Kirks,
Commissioners of Provinces, Townes, Kirks, Universities,
Ministers, and Mr John Doglass, Archbishop of St Androis: Mr
Robert Hamiltoune, Minister of St Androis, Moderator for this
present Assemblie.
Sessio.
Anent the complaint gine in be Mr John Rutherfurd, Proveist of St
Salvator’s Colledge, against Mr John Wynrahame, Superintendant of
Fyfe, for the wrangous disponyng of the viccarage of their commone
Kirk of Kilmeny, pertaining to the said Proveist, and his collegs,
brether of the said colledge, as also for obtayning of the gift, and
giving of ane altarage in the same colledge, situat at St John’s
altar, the gift quhereof, the said Mr John, as proveist, alleadged
to haue pertaynit to him, be vertew of foundatione of the same; as
at length in the said complaynt was containit: requeistand the Kirk
presently convenit to take sic order in the premisses, as godliness
and equitie requireth in sic sorte, the Colledge and brethren
forsaids be not put to expenses in seeking remedie before uther
judges. The kirk haveing consideration of the said complaint, thocht
meit to haue inspectione of their foundatione of the colledge, and
what the same conteinit anent the presentation and collatione of the
said viccarage of Kylmenie, and for that purpose gaue commissione to
their brethren, Mr John Row, Gilbert Gardin, William Chrystisone,
Andrew Hay, and David Lyndsay, to passe to St Salvator’s Colledge,
consider and sie the foundatione thereof, and what they find touching
the said viccarage of Kilmeny, and to whome the presentatione and
collatione thereof pertaineth; and what they happen to finde, to
report the same to the nixt Assemblie.
The said brethren return and reportit what they had fund in the said
foundation; the tenor whereof follows in thir words:--
Vicarie de Kilmany electio et presentatio ordinaria facienda ad
Dominum, prepositivo et ceteros de dicto Collegio graduatos debent
pertinere; Quiquiden vicarius omnia onera ordinaria subire tenetur
in fundatione Collegii Sancti Salvatoris, ita invenimus ad verbo
scriptum testantibus nostris chirographis Subscriptis, ex commissione
ecclesiæ adie numeris destinatis, 7. Mensis Martii, 1571. Gulielmus
Chrystesone, David Lyndsay, Jacobus Row, Gilbertus Garden.
In respect of the premisses, the Kirk ordayned to wryte ane letter
to the Senators of the Colledge of Justice, testifying what they had
funde in the said fundatione, anent the presentatione and collatione
of the forsaid viccarage of Kilmeny.
_Item_, Mr John Wynrahame, Superintendant of Fyfe, was accused that
he had giuen the Viccarage of Kilmeny to ane that is no minister, nor
yet has any functione within the Kirk, wherethrough the minister of
the Kirk plantit be himself, is frustrate thereof.
Sessio.
It is concludit that the persone should find bread and wyne to the
communion, unless the viccarage exceed the soume of fourtie punds,
and in that caise, the Viccarage to furnische the same in tyme
cumeing. The Kirk ordayns the Superintendant of Fyfe, to use his awne
jurisdictioun as of before, in the provinces not yet subject to the
Archbishop of St Androis; and alse requests ane to concurr with the
said Arch Bishope when he requires, in his visitatione or utherwayes,
within his own boundes, whill the next Generall Assembly: And the
said Superintendant to have his stipend as of before; and, in lyke
manner, the Superintendants of Angus and Lawthiane, without prejudice
of the said Archbishope, except be vertue of his commissione.
[TWENTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assemblie, begun and halden in the Tolbooth of
Perth, the Saxt of August, 1572; In the qwhilk war present
the Earles, Lords, Superintendants, Barrones, Commissioners
to plant Kirks, Commissioners of Provinces, Universities, and
Ministers: John Eskine of Dun, Knight, was chosen Moderator be
the haill voice of the Assemblie.
Sessio 2.
To the effect that obedience be given to the Moderator presently
and hereafter, the haill brethren assemblit, in ane voyce, statuts
and ordaynes, that no persone, of what state or degree soever he be
of, take in hand to speak without licence, askit and gine, be the
Moderator; and after licence obtainit, that the persone speakand,
keep moderatione in reasonyng and answering, and alse keep silence
when he shall be commandit be the Moderator, under the paine of
removeing out of the Assemblie, and not to re-enter therein dureing
that conveining; and this to be a perpetuall act for all Assemblies
hereafter.
Sessio 3.
Forswameikle as in the Assembly halden in Leith in January last,
there was certaine Commissioners appointit to trauell with the
Nobilitie and their Commissioners, to reasone and conclude upon
diverse articles and heads, then thocht good to be conferrit upon;
according to the whilk Commissione they have proceidit to diverse
dyatts and conventions, and finallie concludit for that tyme upon
the saids heads and articles; as the same producit in this Assemblie
proports: In the qwhilks, being considerit and read, are found
certain names, sic as Arch Bishope, Deane, Archdeane, Chamber,
Chapter; qwhilks names war thocht sclanderous and offensive to the
eares of many of the brethren, appeirand to sound to Papistrie;
Therefore the haill Assembly, in ane voyce, alsweell they that was in
Commissione at Leith as uthers, solemnly protests, that they intend
not be using sic names, to ratifie, consent, and agree to any kinde
of Papistrie or superstitione, and wisches rather the saids names to
be changit in uthers, that are not sclanderous or offensive; and, in
lyke manner, protests that the saids heids and articles agriet upon,
be only receavit as ane interim, untill farther and mair perfect
order be obtaynit, at the hands of the King’s Majestie’s Regent and
Nobilitie, for the whilk they will preass, as occasion shall serve:
Unto the qwhilk protestation the haill Assemblie, in ane voice,
adheres.
[TWENTY-SEVENTH GENERAL ASSEMBLY.]
The Generall Assemblie haldin in the Councill House of Edinburgh,
the 6th of March 1572(3): In the qwhilk war present Barrons,
Superintendants, James Bishop of St Androis, Commissioners to
plant Kirks, Ministers, Commissioners of Provinces, Townes,
Kirks and Universities. David Fargysone Moderator.
Sess.
Mr John Row complanit upone for solemnizing the band of matrimonie
betwixt the Master of Craufurd and the Lord Drummond’s daughter,
without proclamation of bands, and in lyke manner out of dew tyme,
viz. upon ane Sonday afternoone at prayer. Answerit, that he did
nothing but the command of the sessione of his kirke, and my Lord
Ruthven, ane speciall elder of the said kirk.
The Kirk, presently assemblit, for certaine good considerations
moving them, statutes and ordaines, that no collections for the poor
be made in the tyme of the ministratione of the table of the Lord
Jesus, nor yet in tyme of sermones heirafter within kirks, but only
at the kirk doore.
The Kirk, presently assemblit, ordains the act made against ministers
that marries uther parochiners without proclamation of bands, to
have effect and strength against Mr John Row, and underly the samen
dureing the Kirk’s will.
Sessio 3.
The Kirk assemblit, statuts and ordayns all ministers and uthers
beneficed persones, that hes receaved benefices sen the Reformation,
to make residence at the kirks where their benefices lyes, and use
their office according to the tennor of thair admissione; and if any
beis found to doe in the contrare, that they be callit to particular
dyats before the Superintendants, or the Commissioners of the
provinces where sic benefices are, to whom the Kirk giues power to
depose the saids persones, in their visitationes, for non-residence;
and whatever any of the saids Superintendants or Commissioners
happins to doe in the premisses, to report to the nixt Assembly.
The Assembly, considering that the trauells of umqwhill John Knox,
merits fauourably to be remembrit in his posteritie, Giues to
Margaret Stewart, his relict, and her three daughters of the said
umquhill Johne, the pensione qwhilk he himself had in his tyme of
the Kirk; and that for the year next approachand, and following his
deceis of the year of God 1573, to their education and support,
extending to ffyve hundred merks money, twa chalder wheit, sax
chalder beir, four chalder eats.
The Kirk requestit the kirk of Edinburgh to provyde and appoint some
learnit, to support Richard Bannatyne to put John Knox historie, that
is now in scrolls and papers, in good forme; and because he is not
able to await thereupone, upon his awne expenses, appoynts to him the
soume of ffourty pound, to be payit of the 81 years cropt.
Sessio 6.
Ordaines all and sundrie Superintendants and Commissioners to
plant kirks, to proceed summarly to excommunicatione against all
papists within their provinces; and that within eight dayes after
they be admonischit, to joyne themselves to the religione presently
established within this realme, be hearing of the word of God,
partaking of the sacraments, subscryve and giue their oath according
to the act of Parliament, and acts agreit upon, betwixt my Lord
Regent’s Grace, Secret Councill, and the Kirk.
Sessio 7.
It is statute and ordainit be universall order of this Assembly,
that all Bishops, Superintendants, and Commissioners to plant kirks,
present themselves in every Generall Assemblie that hereafter shall
be halden, the first day of the Assembly before noone, and that they
remaine whill the end of the same, under the paine of tinsell of ane
halfe of their stipend for ane year, and alse to serve in the mean
tyme of the wanting of the said portion of their stipend.
Anent my Lord Regent’s Grace desyre, twiching some of the learnit
ministers to be Senators in the Colledge of Justice; The haill
Kirk presently assemblit, having at lenth reasonit, whether a
minister were able to discharge himself of both the vocations; votit
throughout, that nane was able nor apt to bear the said twa charges;
and therefore inhibites, that any minister occupying the vocatione
of the ministrie take upon him to be a senator, Mr Robert Pont only
exceptit, wha is already placit with advyce and consent of the Kirk.
Articles presentit be the Superintendant of Lawthiane, and
Ministers within his jurisdictioune.
1. First, that a copie of the acts of the Generall Assembly begine
every exercise.
2. That sic matters as falls out betuixt the Synodall Conventione
and Generall Assemblies, shall be notit at every exercise, 20 dayes
before the Generall Assemblie.
3. That sic matters as are referrit to the Generall Assembly, fra the
particular, be pennit be the Superintendant’s clarks, faithfullie
reportit to the Generall Assembly be the said Superintendant.
4. That the Generall Assemblie be frequent with the nobilitie and
barrons, alsweell as ministers, that the face of the Assembly may be
had in reverence as afoirtymes.
5. That sic ministers as have not wherwith to buy books, may have
books lowsit to them be the collector, and to allow the pryces
thereof in their stipends.
The Kirk approves and ratifies all the forsaids articles as necessary
and profitable.
It is thocht maist reasonable and expedient, that Bishops,
Superintendants, and Commissioners, purches generall letters,
without delay; commanding all men to frequent preaching and prayers,
according to the order receavit in their congregations; and also to
charge the magistrate, to put the acts concerning the observation
thereof, alseweell grantit be parliament as friely, with uniforme
consent, the congregations hes condescendit upon, and for executione
of discipline and punisching of others.
Giue any man leave his wife and pass out of the countrie, and tarries
away the space of seven yeares and marries ane uther woman in ane
strange countrie, and else his first wyfe be married upon ane other
man in his absence, both are adulterers, unless the sentence of
divorcement had been pronouncit be the judge.
It is neither agrieable to the word of God, nor to the practise of
the primitive Kirk, that the speciall administration of the word and
sacraments, and the ministration of the criminall and ciuill justice,
be so confoundit, that ane persone may occupy both the cures.
[TWENTY-EIGHTH GENERAL ASSEMBLY.]
The Generall Assembly, begun and halden in Edinburgh, the saxt
day of August 1573: In the whilk war present the Earles, Lords,
Barrones, Bischops, Superintendants, Commissioners to plant
Kirks, Commissioners of Provinces, Townes, and Kirks, with the
Ministers. Mr Alexander Arbuthnot was chosen Moderator.
Sessio.
Because it is understand that certaine of the nobilitie of this
realme and Secret Councill are to repare to this Assemblie, Therefore
the haill brethren ordaynes, that the haill nobility and councill,
with commissioners of provinces, townes, and kirks, having power to
vote, shall sitt within the barr of the said Over Tolbooth, and all
uthers without the same.
Sessio 2.
The Books of Visitatione of Bischops, Superintendants, and
Commissioners to plant kirks, aught to be seen and considerit, and
their diligence in their offices; and commissioners were appointit to
that effect.
Touching them that receaves excommunicants and order taking
thereanent; the haill Kirk presently assemblit, ordains all Bischops,
Superintendants, Commissioners to plant kirks, and Ministers of
particular kirks, to proceed to excommunicatione againes all
receivers of excommunicat persones, if, after dew admonitione,
the receavers rebell and beis disobedient, conforme to the order
conteinit in the booke of excommunicatione: and whosoever knawes
and yet receaves and intertains excommunicat persones, albeit he
desist after admonitione, yet shall he underly the discipline of the
Kirk, be making of publick repentance, except sic as are except of
the law. And to the effect that nane pretend ignorance of the saids
excommunicat persons, the Kirk ordaynes and statutes all bishops,
superintendants, and commissioners, in the synodall conventions,
shall take up in row, the names of the excommunicants within their
jurisdictions, and bring their names to the Generall Assemblies, to
be published to uthers Bishops, Superintendants, and Commissioners,
that they, be their ministers in thair provinces, may divulgat the
same in their haill countries where the excommunicants haunts.
Sess. 6.
Alexander Hay, clark of the Secret Councill, presentit certaine heids
to the Assembly concernyng the provisione of ministers’ stipends be
particular assignationes.
Sessio 7.
Touching the changeing of situation of the paroche kirks, their
gleibs, and manses, for the commoditie of the parochiners, The Kirk
gives licence to the Bishops, Superintendants, and Commissioners
to plant kirks, with the advyce and consent of the parochiners and
ministrie of the countrie, to change the paroche kirks, manses, and
gleibs frae ane place to another, for the commoditie of the saids
parochiners; provyding allwayes, that the charge thereof be not
hurtfull to the ministrie, and suretie sufficient be made of the
lands in quantitie and qualitie as they were before, to remaine with
the Kirk for ever, with mortificatione thereof to the King’s Majestie.
Anent them that consults with witches: The Kirk presently assemblit,
ordaynes all Bishops, Superintendents, and Commissioners to plant
kirks, to call all sic persones as shall be found suspect to
consult with witches before them at their particular visitationes
or utherwayes; and if they have been found to have consultit with
the saids witches, that they cause them make publick repentance in
sackcloath, upon an Sonday in tyme of preaching, under the paine of
excommunication if they be disobedient, dew admonitions preceiding.
Anent the uniformitie to be observit in proces of excommunicatione:
It is ordainit that Bishops, Superintendants, and Commissioners
to plant kirks, shall direct their letters to ministers where the
persones that are to be excommunicat dwells, commanding the saids
ministers to admonische accordingly; and, in caise of disobedience,
to proceed to excommunication, and pronounce the sentence thereof
upon ane Sonday in tyme of preaching; and, thereafter, the ministers
to indorse the saids letters, makand mention of the dayes of their
admonitiones and excommunication for disobedience forsaid, and to
report to the saids Bishops, Superintendants, and Commissioners,
according to their directione conteinit in the said letters.
Greit men offending in sic crymes as deserves sackcloath; they should
receave the samen as well as the puire.
No Superintendent nor Commissioner, with advyce of any particular
kirk of their jurisdictione, may dispense with the extreamitie of
sackcloath prescryvit be the acts of generall discipline, for any
pecuniall soume _ad pios usus_.
Ane man willing to dimitt his benefice simpliciter, sould dimitt it
in the hands of the just patrone.
[TWENTY-NINTH GENERAL ASSEMBLY.]
The Generall Assembly, begun and halden at Edinburgh the saxt
of March 1573(4); In the qwhilk war present, Earles, Lords,
Barrones, Bischops, Superintendants, Commissioners to plant
Kirks, Commissioners of Provinces, Townes, Kirks, Universities,
and Ministers. Mr Andrew Hay was chosen Moderator.
Sessio.
The Kirk ordaynes all Commissioners of townes and provinces,
that they seek out the haill rentalls of the hospitalls within
their bounds respective, and give the same in to their Bischops,
Superintendants, or Commissioners, schawand how the samen are usit
and abusit, to the effect that my Lord Chancellar may receave the
same, and report to my Lord Regent’s Grace; and this to be done
betwixt and the tenth of April next to come.
Unto the Lord Regent’s Grace, of Privie Councill, with uthers of
the Estates conveint with his Grace, the Kirk Generall, now
assemblit, wishes everlasting health in Christ.
It is not unknawne that holy ministrie of God that hes chosen to
himself a kirk, and that frae the beginning, whilk shall continow
for ever, and the same is the congregatione and companie of the
faithfull professors of Christ; and in his kirk God hes appointit
his ministers to ministrat, and calls men to be ministers of the
same, that be the samen ministrie, the elect of God may be callit,
regenerat, and nourishit to everlasting life. For preservation of
the holie ministrie and kirk in puritie, the Lord has appointit
Assemblies and Conventions, not only of the persons appointed to the
ministrie, but also of the haill members of the kirke professing
Christ; the whilk kirk of God hes continwallie used and still uses
the same assemblies, sanctified be the word of God, and authorised
be the presence of Jesus Christ. It is also knawne unto your Grace,
that sen the tyme God blessed this countrey with the light of his
evangell, the haill kirk maist godlie appointed, and the same be act
of parliament authorised, that twa godlie Assemblies of the haill
generall Kirk of this realme sould be ever ilk year; alswell of
all members thereof in all estates as of the ministers: the qwhilk
Assemblies hes been sen the first ordinance, continuallie keepit in
sic sort, that the maist noble thereof, the hiest estate, hes joynit
themselves be their owne persone, in the Assemblies, as members of
one bodie, concurrand, votand, and authorizand all things there,
proceeding with their brether: And now, at this present, the Kirk
is assemblit according to the godly ordinance, and looks to have
concurrence of their brethren in all estates, and wisches of God that
your Grace and Lords of Privie Councill, will authorize the Kirk in
this present Assemblie, be your presence, or be uthers havand your
commissioune in your Grace and Lordship’s name, as members of the
Kirk of God; ffor, as your Grace’s presence and the nobilities should
be unto us most comfortable, and so most earnestlie wished of all, so
your Grace’s absence is to us most dolorous and lamentable; whereof
follows the want of ane great part of the members that weill cannot
be absent from the treiting of these things that perteins to the Kirk
and policie thereof, in assembly altogether, to be handlit be the
advyce of all, and to the qwhilk end the Assemblies are appointit,
the authoritie thereof your Grace knawes to be sic as the contempt
of it tends to the dishonour of God; and, therefore, as ye esteem
your selves to be members of Christ and of his Kirk, schaw the fruits
thereof; of the qwhilk it is not the leist to joyn yourselves to the
Kirk, not only be hearing the word and receaving the sacraments,
but also in conveining with your brether in the holy assemblies:
The qwhilk to doe we giue you admonitione in the name of the Lord;
extending this admonitione to every persone, of whatsoever estate,
that are present with your Grace; and specially we admonische the
Bishops, and sic as are of the ministrie, to joyne themselffs with
us, according to their ministrie and dewtie, utherwayes they will be
thocht unworthy of office they beare. The tyme the Kirk will sitt
will be short, and tyme would not be neglected, and yet the Kirk is
not so rigorous but that men may, after their presence gine in the
Assembly, have libertie, as tyme requires, wait upon their laufull
business; and this admonitione we giue your Grace with all reverence
and humility; and that chiefly in respect that your Grace, be your
awne articles and questiones sent to the Kirk, where your Grace
desyres first to be admonished charitably whensoeuer offences aryses,
before the same be utherwayes traducit.
Certain war appointit to penn the heids concerning the jurisdictione
of the Kirk, and to present the same to the Assemblie.
Anent the jurisdiction of Bishops in their ecclesiasticall functione;
the Kirk presently assemblit hes concludit, that the same shall not
exceed the jurisdiction of superintendants, whilk heretofore they
have had and presently hes, and that they shall be subject to the
discipline of the Generall Assemblie, as members thereof, as the
superintendants hes been heretofore in all sorts.
That no Superintendants nor Commissioners for kirks planting, haue
nor shall giue collatione of benefices, nor admitt ministers,
without the assistance of thrie of their qualified ministers of
their province, who also shall give their testimonialls to the said
Superintendant commissioners, subscryvit with their hands in signe
of their consent thereto; and in like manner, that no Bischops giue
collatione of any benefice within the bounds of Superintendants
within his diocie, without their consent and testimonialls,
subscryved with their hands; and that Bischops, within their awne
dioces, visite be themselues where no superintendants are, giue no
collatione ordinare upon benefices, without consent of three weell
qualified ministers, as said is, of superintendants and commissioners
to plant kirks.
Sessio 5.
Commissioners war appointit to convein with my Lord Regent’s Grace
and Lords of Secret Councill, to conferr and reason upon the heads
concerning the policie and jurisdictione of the Kirk, and sic uther
heads and articles as shall be proponit be his Grace and Councill to
them.
Sessio 7.
As concerning the appointing of syndrie kirks to ane minister; to the
end the matter may be plainer, and the mynde of the Kirk knawne to
all men herein, the Kirk hes declarit, that howbeit syndrie kirks
be appointit to ane man, yet shall the minister make his residence
at ane kirk, qwhilk shall be properly appointit to his charge, and
he shall be callit principallie the minister of that kirk; and
as concerning the rest of the kirks to the qwhilk he is nominat,
he shall haue the oversicht and help therein, in sic sort as the
Bischop, Superintendant, and Commissioner shall think expedient, and
as occasion shall serve from his awne principall charge: The qwhilk
on no wayes he may neglect; and this order only to remane qwhill God
of his mercie shall thrust out moe labourers unto his harvest.
[THIRTIETH GENERAL ASSEMBLY.]
The Generall Assembly, halden and begun at Edinburgh the 7th of
August 1574: In the whilk war present, Barrones, Bischops,
Superintendants, Commissioners to plant Kirks, Commissioners of
Provinces, Townes, Kirks, Universities, and Ministers. Johne
Dunkansone, Moderator.
Sessio 1.
The Assembly, understanding that be deceiss of John Gray, their late
Clark, the said office of clarkship is vacand, and nane as yet is
provided thereto; and therefore before that any proceeding be, it
is necessar the said rowme be filled, hes appointit their brethren
underwritten, viz. My Lord Deane of Aberdeen, Andrew Hay, James
Lowsone, Alexander Arbuthnot, Principal of the Colledge of Aberdein,
James Melvill, Clement Little, and David Lyndsay, Minister at Leith,
(all Ministers,) to appoint the leitts of them of qwhais number the
clark is to be chosen: Qwhilk brethren, all in ane voyse, nominat Mr
James Ritchie, George M‘Esone, William Patersone, wryter, Patrick
Fylder, servant to Alexander Hay, Clark of the Secret Councill, to
be the leits, of qwhilk number the Clark of the said Assembly is to
be electit; and in the meane tyme, qwhill the Clark be chosen and
receavit, the said Assembly hes ordainit Mr Andrew Milne to supply
the place.
Sessio 3.
Anent the creatione of ane Clark of the said Generall Assemblie of
the Kirk, it was Votit through the haill Assemblie and concludit,
that of the four persons appointit on the leits, Mr James Richie, be
reasone the greatest part thereof gave their consent to him, sould be
clark, who, in presence of the haill Assembly, solemnly beand sworne
to use the said office of clarkship of the Kirk faithfully, made
promise to doe the same, and acceptit the said office upon him.
Forswameikle as it is understand to the said Assembly, that diverse
ministers within this realme, used the office of Collectorie
and Chamberlanrie under bishops and uthers beneficed persones,
wherethrough they are avocat from their cures, and giues great
occasione to sclander the Kirk; Therefore it is statute and ordainit
in this present Assemblie, that from this tyme furth, no minister
within this realme, use or exercise the office of Chamberlanrie or
Collectorie, under whatsumever beneficed men, whereby they may be
abstractit from their vocatione; and the contraveeners heirof to be
depryvit of their office, and secludit therefrae.
Sessio 6.
Articles proponit to my Lord Regent’s Grace.
1. That stipends be grantit to Superintendants in all tyme comeing,
in all countries destitute thereof, Qwhether it be where there is no
Bischops, or where there is Bischops, and may not discharge their
cure, as the Bischops of St Androis and Glasgow.
2. That in all Burrowstounes, where the ministers thereof are
displacit and serves at uther kirks, that their ministers who servit
them before be restorit againe to wait on their cures, and they be
not oblidged to any uther kirk, or else that uthers be plantit in the
saids touns.
3. That his Grace will giue commissione to certaine gentlemen in
euery countrie, that incest, adultrie, witchcraft, and uther sic
odious cryms qwhairwith the haill countrey is replenischit, may be
punischit.
4. In euery kirk destitute of ministers, sic persons as are present
and readie to be plantit, be placit, and stipends grantit unto them
qwhais names shall be gine up be the Bischops, Superintendants, and
Commissioners.
5. In respect that the ecclesiasticall functione is only distinct
offices, of teaching, the Doctor that interprets the Scriptures, and
the Minister, to preach and apply the same; his Grace will take ordor
that Doctors may be placeit in Universities, and stipends granted
unto them, wherby not only they who are presently placeit may have
occasion to be diligent in their cure, but also wher learnit men may
have occasion to seek places in Colledges within this realme.
6. That his Grace will take ane generall order with the puire, and
speciallie in the Abbayes, sic as Aberbrothoc and uthers, conforme
to the act made at Leith; and in speciall to discharge teind sybows,
leeks, kaill, onzions, be ane act of Secret Councill, whill ane
Parliament be conveint, where they may be simpliciter discharged.
7. That his Grace will grant commissione to certane persons in every
diocie to sit in causes of divorcement where the parties are poore.
8. That his Grace wald provide qualified persones to vaikand
Bishopricks.
9. That his Grace wald cause the buiks of the Assignatione of the
Kirk to be delyvered to the Clerk of the Generall Assembly.
Sessio 7.
Forsuameikle as it is understand to the Generall Assembly of the
Kirk, that there is diverse persones who, dureing their wyfe’s tyme
committs adulterie with other men’s wyfes, and thereafter, after
their wyfe’s decease, marryes them wham they of before have polluted
in adulterie; Therefore it is statute and ordainit be this present
Assembly, that Bishops, Superintendants, and others Commissioners of
provinces, charge all sic persones, so joynit in that sclanderous and
unlaufull band, to separate themselves and abstaine from others, unto
the tyme it be decydit be the Judge Ordinar, if the said marriage be
lawfull or not, under the payne of excommunicatione to be execute
against disobeyars.
Sessio 8.
Touching the complaint made upon the Bischop of Dunkeld for
ministration of the holy supper upon wark-dayes at the kirks within
his jurisdictione; It is thought good be the Generall Assembly that
the said Bischope forbear the ministration of the said sacrament upon
wark-dayes, and cause it to be ministrat upon Sabbath dayes, after
the order of the rest of the kirks within this realme.
Sessio 9.
Commissioners war appointit to visit warks that shall be heirafter
proponit to be printed. _Item_, Uthers were appointit to sicht the
history of Job compylit be Mr Patrick Adamsone in Latine verse.
For avoiding of Simonie within the haill kirks, the haill Assemblie
of this Kirk, as in ane voice, hes votit, concludit, and decreitit,
that all sic persones as either bys or sells benefices, or useing
any uther kind of cowping thereof, directly or indirectlie, sall
be depryvit of all kinde of functione within the Kirk, and the
discipline of the Kirk strike upon them with all kinde of rigour and
extreamitie;--and the buyers, sellers, or utherwayes cowpers of the
benefices, to tyne the same for ever.
Sessio 10.
Qwhither if the parochiners of a towne, or the provest and baillies
thereof, aucht to have the election of their own belman and clark? It
is answerit, that sic as payes them sould choose them.
The brethren hes thought good, that, in case of any Parliament to be
halden, or any uther weightie cause requirand necessary the presence
of the bodie of this haill Assemblie, That the Superintendant of
Lawthiane, Mr James Lawsone, minister of Edinburgh, Mr David Lyndsay,
minister of Leith, make lawfull premonition and advertisement to
their brether to be present upon sic competent space before as they
sall think needfull; Qwhilk conventione of before shall be recountit
for ane Assemblie.
That absents of this Assemblie be summoned to the next Assemblie, to
hear them convict of absence, and punishment to be joynit to them at
the sicht of the Kirk.
[THIRTY-FIRST GENERAL ASSEMBLY.]
The Generall Assembly, begun and halden at Edinburgh, the 7th
of Marche 1574(5): In the qwhilk war present Earles, Lords,
Bischops, Superintendants, Commissioners to plant Kirks,
Commissioners of Provinces, Townes, Kirks, Universities, and
Ministers. James Bishop, of Glasgow, Moderator.
Sessio.
Forsuameikle as the greatest part of the doctors, and interpretars
of the Scriptures that hes travellit in the interpretation and
exposition of the same, hes written and comentit in the Latine
tongue, and therthrow it is thocht necessar for sic as enters in
the function of the ministrie, to have understanding and knawledge
of the same; Therefore, the Generall Assembly of the Kirk hes votit
and concludit, that, frae this tyme furth, nane shall be admittit
in the functione of ane minister within the Kirk be the Bishops,
Superintendants, and Commissioners of cuntries, but sic as have
understanding of the Latine tongue, and are able to interpret the
Commentars written in the same language, and speak congruous Latine,
except sic as, be exemption of the Generall Assembly of the Kirk, for
their singular graces and gifts of God, sall be fund also be them to
use their functione without knawledge of the Latine tongue.
It is thocht meet, and concludit, that no clark-playes, comedies, or
tragedies, be made of the Canonicall Scriptures, alse weell new as
old, on Sabbath day nor wark day, in tyme comeing; the contraveiner
heirof, (if they be ministers, to be secludit frae their functione,
and, if they be uthers,) to be punischit be the discipline of the
Kirk; and ordains ane article to be gine in to sic as sitts upon
the policie. That, for uther playes, comedies, or tragedies, or
uthers profane playes as are not made upon authentick pairts of the
Scripture, may be considerit before they be proponit publickly, and
that they be not playit upon the Sabbath dayes.
Sessio 8.
Anent ministers proceeding to the marriage of parties, lawfull
impediment being proponit unto them, whilk, after hand, is tryit and
fund to be of veritie: The haill Assembly referrs the discipline to
be usit against sic persones, to the Bischops, Superintendants, and
commissioners of the countries where they serve.
Sessio 9.
Anent difficultie proponit upon the presentatioune of Mr Andrew
Grahame, presenting him to the bishoprick of Dumblane, under the
name of ane preacher, although he had been nane; The Kirk finds
that finall conclusion is not yet had, that all Bischops should be
first preachers, and alwayes, if he be qualified, the presentation
to be obeyit; and yet, for farther tryall, appoints to him
Wednesday to exercise in the Magdalen Chappell before the Bischops,
Superintendants, and ministers, that may be present, and speciallie
the ministers of Edinburgh, and so many of the Chaptir as may be
there at ten hours before noune, upon the beginning of the fifth to
the Romans.
The Assembly hes willit their lovit brother Mr Robert Maitland, Deane
of Aberdeene, Robert Pont, proveist of the Trinitie Colledge, John
Brand, James Carmichael, to take travell in visiting and peruising of
the saids acts, and sic as are generall with the Generall Assemblies,
to mark and nott the samen, that thereafter they may be drawne and
extractit out of the books, that all pretext of ignorance may be tane
away.
Sessio 12.
It is ordaynit that the Bischops, Superintendants, and ministers in
all parts, admonische sic as were Papists, and hes sen the act of
Parliament, maid confession of their faithes, and, notwithstanding,
hes no wayes yet participat the holy supper of the Lord, participat
the sacrament with the rest of the congregation; and if they disobey,
their admonitione to be halden as relapse, and to proceed against
them as relapse, with the sentence of excommunicatione.
It is thocht meet be the haill brethren that the ministers of
Edinburgh and Leith give warning and advertisement to the Bishops,
Superintendants, and Commissioners of countries, aucht dayes before
the Parliament, to the effect that they may warne the rest of their
brethren to be present, to consult and put in deliberatione sic
things as shall be thocht, after good advyce, to be proponit to
Parliament; qwhilk convention shall be accountit for ane Assemblie.
[THIRTY-SECOND GENERAL ASSEMBLY.]
The Generall Assemblie, halden and begun the saxt of August 1575,
in the Over Tolbuith of Edinburgh, where there was present the
Bischops of Galloway, Dunkeld, Brechine, Dumblane, Glasgow, and
Isles; Superintendants of Angus and Lawthiane, Commissioners
of Countries and Townes, with the Ministers. Mr Robert Pont,
Moderator.
Sessio.
According to the order and custome of the Assembly, it was proceeded
to the examinatione and tryall of the lyfes, conversation, and
doctrine of the Bischopes, Superintendants, and Commissioners of
provinces. John Durie, one of the ministers of Edinburgh, protests
that the tryall as Bischope prejudge not the opiniones and reasones
qwilk he and uthers brethren of his mynde hes to oppone against the
said office and name of Bischop.
The Generall Assembly ordaynes the Bischope of Dunkeld, betwixt and
the next Assembly, to resorte himselfe and his family to Dunkeld, and
make his residence there, under the paine of excommunicatione.
The brethren in ane voyce finds great fault with the dilapedatione
of this benefice; and ordaines the acts of the Assembly to be
usit and considered, if there be any penaltie appoyntit for the
said dilapidatione, betwixt and the saxt day of this instant, and
continwes their farder determination to the said day.
Sessio 2.
The Bischope of Dunkeld compeirand in the Assembly, desyrit that
he might have Mr John Grahame, advocat, to reason for him in the
matter of dilapedatione; qwhilk beand thocht a new thing, and, by
custome of the Assembly, was finally votit and concludit to be ane
novatione, and to introduce some contradictione; and fand him not to
be admittit nor no uthers who are not of the functione of the Kirk;
and, therefore, ordaynes him to answere, in his awne persone, the 9th
of this instant, or to chuse any of the brether of the functions of
the Kirk to reasone for him.
Because certaine of the Bischopes and Superintendants compearit not,
the first day of this Assembly, it was thocht good to call them and
thir absents to be notit.
Complaint that nane of the Universitie of St Androis is present, nor
nane to cum here.
Sessio 3.
The brethren appointit to give their judgement anent the habite of
the ministers and their wyfes, presentit the same to the Assemblie,
qwhilk was found good, and all the brethren serving the functione of
the Kirk, ordaynes to conforme themselves and their wyfes thereto,
and ordained effectuously to follow the same; qwhairof the tennor
followes in thir words:
Forsuameikle as ane comely and decent apparell is requisite in all,
namely in the ministers, and sic as bearis function in the Kirk;
First, we think all kinds of broidering unseemly, all bagaries of
velvet on gowns, hoses, or coats, and all superfluous and vain
cutting out, steiking with silks, all kinde of coastlie sewing on
pasements, or sumptuous and large steiking with silks; all kinde
of costly sewing or variant heuis in sarks, and kinde of licht and
variant hewis in cloathing, as red, blew, ʒellow, and sicklyke,
qwhilk declares the lightnesse of the mynde; all wearing of rings,
bracelets, buttons of silver, gold, or other mettal; all kinde of
superfluitie of cloath in making of hose; all useing of plaids in
the kirk be readers or ministers, namely in tyme of their ministrie,
and useing their office; all kinde of gowning, coating, doubletting,
or breitches of velvet, satine, taffetie, or suchlyke; all costly
guilting of whingers or knifes, and sicklyke; all silken hatts, and
hatts of diverse and light colloures: But that their haill habite
shall be of grave collour, as black, russet, sad gray, sad browne,
or serges, wirsett, camlet, growgrame, lytes, worsett, or sicklyke;
and to be short, that the good word of God be them and their
immoderateness be not sclanderit; and their wifes to be subject to
the same order.
It appeared to some of the brethren that the lang continuance of
Commissioners in their office, should induce some ambitione and
inconvenience within the Kirk, and therefore was thocht a matter
to be consultit in this Assemblie, Whether it was best that
Commissioners of provinces should be changit from year to year from
the countries where they travell to uthers? After lang reasoning, the
greatest part of the Assemblie thocht best, where men may be had
able to use the Commissione, that ane yearly exchange should be.
Ordaines Mr James Lawsone, James, Bischope of Glasgow, Mr Andrew
Hay, Mr George Hay, with Alexander Hay, Clerk of Privie Councill, to
concive ane article in wreit, concerning the union of paroche kirks,
to be presentit the morne to the brethren, to be condescendit be them.
Articles to be presentit to my Lord Regent’s Grace.
1. Imprimis, for planting and preaching the word through the whole
realme; It is desyrit that so many ministers as may be had, qwhilks
are yet unplacit, may be receivit, alswell in the countrie, to
relieve the charge of them that hes many kirks, as utherwayes
throughout the whole realme; with Superintendants or Commissioners
within these bounds where Bischops are not, to help sic Bischops as
hes uther great charge, and reasonable livinges to be appointed to
the forsaids persones; and also payment to them that hes travellit
before Commissioners in the years of God (15)73-74, and so furth, in
tymes comeing, without the qwhilk the trauells of sic men will ceise.
2. That sic impediments be removit away as makes hinderance to the
progress of the doctrine, sic as abundance of vice in all parts of
this realme unpunischit, marketts upon the Sabbath-day, and ministers
troublit in the exercise of their office.
3. That the order already tane toward the poore may be put in full
executione to that effect, that anie portione of the teinds qwhilk is
their awne patrimonie, alswell of the twa part as of the thrids, may
be imployit for their sustentatione, according as necessitie craves;
and to this effect, that the hospitalls qwhilks hes been of old, may
be restorit to their awne use, notwithstanding any tytle made thereof
to uther persones; and also that sic ordinare almes as hes been
appointed furth of abbayes or uther benefices, be lang consuetude,
may be payit to the poore as of before.
4. Because the schooles are the fountaines frae the whilks ministers
must flow, that provisione be made for them, not only for sic
as remaynes within the realme, but also for men of good ingyne,
qwhilk be the Kirk should be funde to visite uthers countries and
universities for their furtherance in learning, and chieflie for
Glasgow, because it is new erectit, and hes not sic provisions as
uther universities.
5. That sic assignationes as hes been appointed be the Prince and the
Kirk, and alterit without the advyce of the Kirk, may be repairit,
and that in tyme cumeing sic assignationes shall be appointit not to
be alterit without the advyce of the Kirk, utherwayes no minister
shall be sure of his assignatione.
6. Qwheir ministers produces letters of horning to the Generall
Collector, upon sic persones as are assignit to them for payment, the
said Collector may be causit make payment to the saids ministers.
7. That all dayes that heirtofore hes been keepit holy, besydes the
Sabbath dayes, sic as Zuill day, Saints’ dayes, and sic uthers, may
be abolischit, and ane civill penaltie against the keepers thereof be
ceremonies, banquetting, fasting, and sic uther vanities.
8. That all sic ministers and readers as, either be infirmitie or
age, becomes unable, may have their stipends dureing their lifetymes.
9. That the Clark of the Assemblie be answerit of the ordinarie
stipend appointit to the Clark of before; namely, in respect of his
laboures multiplied in wreiting of the haill ministers’ and readers’
letters, alswell for answering them of their stipend as of their
gleibs and manses, graces, and that his name may be insert in the
book of Assignationes, with his stipend, as use was; and sicklyke be
answerit of the year bypast that he hes servit.
Anent the question proponit be certaine brether of the Assemblie
of the haill Kirk, Qwhither, if the Bischops, as they are now in
Scotland, hes their functione of the word of God or not, or if the
Chapters appointit for creating of them aucht to be tollerated in
this reformed Kirk? For better resolution thereof, the Generall
Assemblie of the Kirk appoynts their lovits brether, Mr John Craige,
James Lawsone, Andrew Melvill, Principall of the Colledge of
Glasgow, on that ane pairt; George Hay, John Row, and David Lindsay
on the uther pairt, to conveine, reasone, and confer upon the said
questione, and to report their judgement and opinione thereupone to
the Assemblie, before the dissolving thereof, if they be resolvit
betwixt and the same.
Sessio 5^a.
Ordaynes ane article to be made to the Lords of the Sessione for
the ministers and readers, that they may have expeditione of their
proces pursuit before them, that they be not abstractit from their
charges.
Sessio 6^a.
The brethren appoyntit to reasone and conferr upon the functione of
the Bischopes as they are now in this realme, and of their Chapters,
appoyntit for creating of them, be tollerable, and to return their
judgment to the Assemblie, gave in their opinione as after follows in
wreit, viz., They think it not expedient presently to answer directly
to the first questione; but, if any Bischope beis chosen who hes not
fit qualities as the Word of God requires, let him be tryed be the
Generall Assembly _de novo_, and so deposit.
The poynts wherein they agree concernyng the office of ane Bischope,
or ane Superintendant: First, the name of Bischope is injurie to all
them that hes a particular flock over the quhilk he hes ane peculiar
charge alsewell to preach the word as to minister the sacraments, and
to execute the ecclesiasticall discipline with consent of his elders,
and this is his chiefe functione of the Word of God. Attour out of
this number may be chosen some to his power, to oversie and visite
sic reasonable bounds besyde his awne flock as the Generall Kirk
shall appoint; and in these bounds to appoint ministers, with consent
of the ministers of that province, and consent of the flock, to whom
they shall be appoyntit; also to appoynt Elders and Deacons in every
principall congregatione where there is nane, with consent of the
people thereof, and to suspend ministers for reasonable causes, with
the consent of the ministers foresaids.
Qwhat punischment deserves that minister that marries persones
refuised be their ordinare minister, and that in respect they keepit
open houses together uncontractit, and wald obey nae discipline, and,
qwheir their ordinare minister desyreit them to obey the discipline,
they woundit him to the death; upon the morne the said minister
married them, who without satisfactione made to the Kirk for wounding
their minister? Referrs the punishment of this minister to the
punishment againes Mr Patrick Craig.
Parties to be married sould cume before the Assemblie, and give in
their names, that their bands may be proclaimit, and no farther
ceremonies usit.
The Kirk hes power to cognosce and discerne upon heresies,
blasphematione of God’s name, witchcraft, and violatione of the
Lord’s day, not prejudgeand the punishment of the civill magistrate.
There is no law establischit, that, after a young man hes lyen with
ane young woman that is esteemit a virgine, na marriage proceidand,
nor promise alleadgit to hir, may be compellit be any particular
kirk, at the suit either of the woman or of the parents, aither to
marry her or pay her tocher gude.
Bairnes gotten before marriage, the lawfull marriage following, are
lawfull.
Qwhat punishment shall be for that minister that baptises ane
murtherer’s bairne not of his owne paroche, on an Munday, not being
ane day of preaching, and without repentance of the murtherer,
remainand at the King’s Grace’s horne? Answer, he [de]serves
deposition.
Gine it be lawfull for any minister to dispense with the number of
dayes appoyntit for the repentance of adulterous and incestuous
persones, in respect that the lyke obedience cannot be obtained in
all places? No answer.
[THIRTY-THIRD GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, conveint in the Over Tolbooth
of Edinburghe, the 24th of Apryle 1576, qwhaire there war
present Lords, Barrones, Bischopes of Glasgow, Dumblaine,
Dunkeld, Ross, Brechine, Morray, Superintendants of Lawthiane
and Angus, and Commissioners of Countries, Townes, Kirks, and
Ministers. Mr John Row, Moderator.
Sessio 2^a.
Anent the pluralitie of offices objectit to Mr Robert Hamilton,
minister of St Androis: The said matter being lang debaittit with
reasons on every side, and riply advyset, The present Assemblie,
in respect of the circumstance of place and congregatione of St
Androis, finds and declares the twa offices joynit in his persone to
be impatible in him. Anent the advyse and opinione of the brethren
gine in the last Assembly concernyng the questione movit, Qwhither
if Bishops, as they are now in Scotland, hes their functione out of
the word of God? The haill Assemblie, for the maist pairt, after
reasoning and lang disputatione upon every article of the saids
brethrene, opinione and advyse, resolutely approvit and affirmit
the same and every article thereof, as the same is given be them,
quhairof also the tennor is here reportit.
First, the name of a Bischope is commone to all them that hes ane
particular flock over the qwhilk he hes a particular charge, alsewell
to preach the word as to minister the sacraments, and to execute the
ecclesiasticall discipline with consent of his elders, and that is
his chief functione in the word of God.
Attour of this number may be chosen some to have power to oversie
and visite sic reasonable bounds besides his awne flocke, as the
Generall Assemblie shall appoynt, And, in these bounds, to appoynt
ministers, with consent of the ministers of that province, and the
consent of the flock whom to they shall be appointed; alseweel to
appoynt elders and deacones in every congregatione where there is
nane, with consent of the people thereof, and to suspend ministers
for reasonable causes, with consent of the ministers forsaids; And
to the effect that the saids articles condescendit upon be the said
Kirk, may be better followit out and ready executione thereupon as
appertaineth, Ordaynes the Bishop, who hes not receivit the charge
yet of a particular congregatione, to condescend on the morne what
particular flocks they will accept to take the cure thereof.
Sessio 5.
Mrs James Lowsone, Robert Pont, Alexander Arbuthnot, William
Chrystisone, John Row, and John Craig, with the Laird of Dunn, are
ordaynit Commissioners to visite the Colledges of the Universities of
St Androis, and to consider the same, the manner and estate thereof,
and what they finde to report to the next Assemblie.
The haill Assembly concludit affirmatively, that they may proceed
against any unjust possessors of the patrimonie of the kirks in
respect of the notorious sclander; and sicklyke that they may
proceed against them, be doctrine and admonitione; and last of all,
if no remeid beis, with the censures of the Kirk: and, farther,
that the patrimonie of the Kirk qwhairupon the Kirk, the puire, the
schooles sould be sustained, _ex jure divino_, leaveand the farther
disputation of sic matter to the first of May next; and then the
descriptione of the patrimonie of the Kirk to be inquyrit at that
day, and farther reasoning had for resolution of the questione.
Sessio 6.
Certane brethren appoyntit to oversee the booke writtin by Mr George
Hay contra Tyrie.
Brethren appoyntit to make ane overture of the policie and
jurisdiction of the Kirk: For the wast countrie, the Bishop of
Glasgow, Mrs Andrew Melvill, Andrew Hay, James Greige, David
Cunnynghame: ffor Lawthiane, Mrs Robert Pont, James Lawsone,
David Lyndsay, Clement Little, and Alexander Syme: ffor Fyfe,
the Superintendant thereof, with the principall masters of the
Universitie: for Angus and Merns, the Laird of Dunn, William
Chrystisone, John Row, William Rynd, John Duncansone: ffor Aberdeen,
Mr John Craig, Alexander Arbuthnot, George Hay; and thir persones
to conveine, ilk cuntrie and rank in the places following, viz. The
wast in Glasgow; Lawthiane in Edinburgh; Fyfe in St Androis; Angus
in Montrose; the first Tuesday of June nixt to come, to confer
and advyse upon the said matter, and make generall meeting or
conventione, twa, or ane at leist, of ilk countrie above written,
in Striviling, the last day of July thereafter, to communicate and
cognosce upon their haill travells and labours taken therein, and to
conferr universallie together heirupone, and report what they have
fund and conteinit in the said matter, to the nixt Assemblie, qwhilk
is appoynt it to be in Edinburgh the 24th of October nixt to come. In
case a parliament, the Kirk ordaynes the ministers of Edinburgh to
make intimation heirof to the Bischops, Superintendants, and visitors
of countries, that the Kirk may be conveint four dayes before the
said parliament, and that the barrones and gentlemen be exortit to be
present with the commissioners appointit in the provinciall assemblie.
[THIRTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assembly, convenit at Edinburgh the 24th day of
October 1576, where there war present Bischopes of Glasgow and
Dumblane, Superintendants, Commissioners of Provinces, Townes,
and Universities. Mr John Craig, Moderator.
Sessio 2^a.
Mrs John Row, David Lyndsay, Patrick Adamsone, qwha war direct fra
the Assembly to suit my Lord Regent’s Grace’s presence at this
conventione, or qwhilks authorized be his Commissione, Reportit, That
the charge of the Kirk came so suddenly that he could not be present,
nor address his Commissioners thereto; alwayes, if the Kirk thinks
meit, he shall appoint certaine of the Councill to conveine with the
Commissioners, qwhilks the Kirks shall appoynt at sic tymes as the
Kirk shall thinke guide, to confer upon sic things as may further
God’s glory.
It is thought guide be the Kirk, that sic persones as are alreadie
pennit anent the policie of the Kirk as were ordayned the last
Assemblie, sould revisit all uthers things qwhilk shall be presently
gine in, sichtit and put in guide forme; and to that effect the
Kirk requests my Lord Chancellour, the Laird of Lundie, Mrs Andrew
Hay, Andrew Melvill, James Lawsone, John Durie, Robert Pont, James
Wilkie, rector of the Universitie of St Androis, John Row, George
Hay, Clement Little, to conveene at afternoone, and daily dureing the
Assemblie, to conferr the things already pennit, with uthers whilk
will be gine in and advysit thereupon, collectit together in good
forme, and present the same to the Assemblie, before the dissolving
thereof.
Because of the multitude of the books of Commissioners qwhilks are
to be examinit in the Generall Assemblies, and large tyme spendit
therein, besydes sic as are deput thairto knawis not the proceedings
of the said Commissioners, sa weil as their Synodall Assemblies:
Therefore, it is decreitit and statute be the Kirk present, that
the Books of the Visitors or Commissioners be tryit and scene in
their Synodall Assemblies, and subscribed be the clerks thereof, and
the maist pairt of the said Assemblie, and reportit againe to ilk
Generall Assemblie be the Commissioners, that the Kirk may consider
their diligence in their affaires.
The Assemblie present hes ordaynit, that all ministers and readers
within eight mylles, or wtherwayes at the discretione of the visitor,
shall resort to the place of the exercise ilk day of exercise, and
namely the ministers that should prophecie, and that should adde:
Qwhairin if aither of these twa failzie, that for the first fault,
in presence of the brethren of the exercise, upon their knees,
they confesse their offence; for the second, that they make the
lyke submissioune before the Synodall Assemblie; if they incurre
the third, that they be summoned before the Generall Assembly, and
receive discipline for their offence: and if they fall in the fourth
fault, that they be depryvit of their offices and functions of the
ministrie.
The Kirk giues commission to the Laird of Dun to summond Mr James
Fotheringhame before him, and to take tryall of the haynous sclander
of adulterie betwixt him and Margaret Lyndsay, and of ane pretendit
marriage alleadgit solemnizat and compleit betwixt them, and to
report his proceedings hereintill to the next Generall Assemblie;
with power also to him, to chairge the said Mr James and Margaret
Lyndsay, to separate themselfis from uthers, qwhill tryall be takin
of the said sclander, under the paine of excommunicatione; and giue
they disobey, to excommunicate them: and, in the meantyme, in respect
of the contempt of the Kirk, in not making his purgatione of the said
sclander before the said Superintendant, being thereto summoned, the
Assembly present suspends him from all sunshine and office within the
Kirk.
Sessio 3.
Anent the propositione of certaine brethren of the Assemblie,
declareand that the Regent’s Grace hes presentit Mr Patrick Adamsone
to the Bishopric of St Androis; and that be ordinance of the
Assembly, Bischops sould be tryit before them, or they be admittit
to the chaptor, Requyrand baith the counsell and advyse of the Kirk
herein: The said Mr Patrick answerit, that my Lord Regent’s Grace had
discharged him to proceed farther in this matter, in respect the said
act and ordinance of the Kirk is not accordit on; and therefore he
wald not medle further and make instance therein; qwhilk answer the
Kirk thocht sould be gine to my Lord Regent’s Grace be the chapter.
Sessio 4.
Mr Patrick Adamsone, John Row, and David Lyndsay, desyrit provisione
to be made for the visitors of countries, according to the division
and order takin in the Assembly, &c.
His Grace answerit concerning the visitors, that he would be advysit
with the rowes and the Collector, &c.
Alexander Hay, clarke to the Secret Councill, presented to the
Assembly certaine questiones, qwhairof he craveit decesioune for the
better expeditioune of the platt; declaring it to be my Lord Regent’s
Grace will, at the least so many as may now have resolutione.
It is thocht meit that the haill readers within this realme sall be
examinit and try it _de novo_ in their Synodall Assemblies; and if,
after examinatione, they be fund to want the qualities prescryvit
in the Booke of Discipline, to be deposit, and removit from their
offices: And sicklyke, that no reader within this realme minister
the holy sacrament of the Lord, except such as hes the word of
exhortatione.
Sessio 6.
It is thocht meit that in every parochine there be persones to make
sepulchres, quha sall notifie the names of the persones deceased to
the readers, that they may present the same to the commissioner to be
reportit to the Generall Assemblie.
Forswameikle as the Kirk and Commissioners present, advysidly
considering the greit prejudice and hurt done to the Kirk of God
be benificed persones within the ministrie, that setts taks and
feus of their benefices and ecclesiasticall livings, lands, rents,
tynds, and fruits of the samen, defraudand not only their successors
of that qwhilk justly sould pertayne to them, and quhairupone they
ought to be sustainit; but also bringand upon the Kirk be their
inordinat and corrupt dealing, infinite sclanders and inconvenients:
Therefore, with uniformitie of votes and mynds, they have resolvit
and concludit, that no beneficit persone within the ministrie,
Bischops, or uthers, sall sett fewes or tacks of their benefices,
or ecclesiasticall livings, lands, rents, teinds, and fruits of the
samine, or any part thereof, to whatsumever persone or persones,
without the advyce and consent of the Generall Assemblie of the Kirk;
and sicklyke, that no minister subscryve nor give their consent to
the said fewes or tacks, in any wayes, qwhill he sie the consent of
the Assemblie.
For better resolutione of the questiones gine in be Alexander Hay,
clerk of the Secret Councill, and expeditione of the matter of
the policie, the Kirk present hes ordaynit Mr John Craig, William
Chrystisone, George Hay, David Cunninghame, John Row, James Greige,
James Lawsone, David Lyndsay, Robert Pont, David Fargusone, Robert
Hammiltone, John Robertsone, John Erskine of Dunne, ane of the
visitors of Angus and Mearnes, if he beis present, to conveine the
next day after the dissolutione of this Assembly, and visite and
consider the heids of the policie, advyse and consult diligently
thereupon, and upon the saids questiones, and to report their
judgements thereanent, conceivit formerly in wreit, to the next
Assembly.
Anent the summonding of the Moderator, and Mr Andrew Hay,
Commissioners of Clyddisdaill, to compear before my Lord Regent’s
Grace and the Privie Councill, bringand with them the act of
ordinance, made be the Assembly for excommunicatione of the Captaine
of Crawfurd, with the act qwhairupon the same proceedit, that the
verity might be knawne; The Kirk ordaynes their brethren to appear
before my Lord Regent’s Grace and Councill, and give obedience, and
to report what beis done in that matter.
Returnand to the Assembly fra his Grace and Councill, they declarit,
that in respect they producit not the acts and ordinances forsaids,
qwhilks they excused be schortness of the charge and occupation of
the clark, His Grace and Councill lies suspendit the said sentence of
excommunicatione qwhill the productione of the saids acts; Qwhairfore
they protestit for the liberty of the Kirk.
The Assembly refuses to give libertie to the Bailzie of Dunfermling
to play upon the Sonday afternoone, ane certaine play qwhilk is not
made upon the canonicall parts of the Scripture, in respect of the
act past in the contrair.
Sessio 7^a.
The Assembly ordaynes Mr Robert Hamiltone to remaine still with the
ministrie of St Androis, and to leave the Provestrie of the New
Colledge as ane impediment and hinderance to his calling of the
ministrie, under the paine of the censures of the Kirk. Mr William,
Commissioner of St Androis, in name of the New Colledge and electors
of the said Mr Robert to the said Provestrie, dissentit from this
sentence: qwhairunto the said Mr Robert adherit, in respect, as he
alleadgit, the Kirk could not discharge him of the Provestrie, and
that he could not bear the burden of the haill Kirk of St Androis in
his owne persone.
Anent the Article teachit and professit be Mr Thomas Hepburne, That
never saull went to heaven before the latter day; The Kirk, after
publickly reading of the said Article, of ane mynde and ane voyce,
but exceptione, altogether damnit and detestit the said Article, and
adjudg it to be hereticall, false, and erroneous, contrarious to the
plaine and evident word of God, reveiled in his sacred Scriptures;
and, therefore, inhibits all and whatsumevir persones, publickly
or privately, to maintaine the said error, under the paine of the
censures of the Kirk; levand alwayes the said Mr Thomas to privie
conference with sic brether of the ministrie as he thinks good for
his resolutione in the said matter: and alwayes for consideratione
movand the Kirke presentlie, discharges the said Mr Thomas from
entering in the ministrie, qwhill the Kirk be farder advysit.
Anent the propositione of the brether of the Chapter of St Androis,
Declarand that my Lord Regent’s Grace hes presentit Mr Patrick
Adamsone to the Bishoprick of St Androis, and they beand of the
Chapter, in respect of the act and ordinance of the Generall
Assemblie, delayed their proceiding therein, desyrand the Assembly
present to proceed to the tryall of him, conforme to the said Act of
Generall Assemblie: The said Mr Patrick Adamsone being present, and
requyrit be the Assembly if he wald submit himselfe to the tryall and
examinatione of the Assemblie, and receave the office of a Bischope
according to the injunctiones of the Kirk? He answered, he could not
doe the same.
Salt-pannes, mylnes, and uther labouring, qwhilk drawes away
innumerable people from hearing the word of God, sould not be
permittit, and the violators to be debarrit from the benefites of the
Kirk, qwhill they make their repentance, and the continuers therein
to be excommunicat.
The Kirk will not presently resolve the questione, If a man or ane
woman divorcit for adulterie, aucht to be admittit to the second
marriage; But inhibites all ministers and readers to marrie sic
persones, under the paine of deprivatione _simpliciter_, without
any restitution in tymes cuming; and the persones so joynit, to be
chargit to separat themselves, conforme to the Act of the Assemblie
in Angus 1574.
Ane man that commits both adulterie and incest, sould be dowbly
punisched.
Ane minister or reader that tapis ale, beir, or wyne, and keeps ane
open taverne, sould be exortit be the Commissioners to keep decorum.
Qwhither if burrialls sould be in the Kirk or not? Answer, not; and
that the contraveeners be suspendit from the benefites of the Kirk,
qwill they make publick repentance.
Relapse in adultrie dowbly punischit.
Sessio 8.
Anent requisitione of the Assembly made to James, Bischop of Glasgow,
to give his answer if he will accept the charge of ane particular
flock and visitatione of sic bounds as the Kirk shall think good to
appoint to him, conforme to the acts concludit in the Assemblie. The
said Bischop beand present, exhibite to the Kirk his answer thereto
in wreit as follows:
Forswameikle as it is not unknawne to your wisdomes that ye gaue
Commissioune and charge to certaine learnit, godly, and discreet
brether of the ministrie and uthers, elders of the Kirk, to
commone, treate, conclude, and agrie, with certaine uther noblemen,
Commissioners from the King’s Majestie, John umquill Earle of Marr,
his Regent; att the qwhilk conference it was agriet be the haill
Commissioners, alswell of the King as of the Kirk, anent the name,
style, and jurisdiction of the Bischopes, with the forme and manner
of their institution, ordaynit to stand and remayne qwhill the
King’s yeares of minoritie, or at leist qwhill ane parliament sould
utherwayes decyde, and conforme to the order thairin contanit, he was
received in the said Bischoprick of Glasgow, and made his sermone
to the King’s Majestie in things pertayning his highness; and swa
giue he sould change or alter any thing pertayning to the order,
manner, or priviledges, or power of the samen, I sould be afrayed
to incurr perjurie, and might be callit be the King’s Majestie for
changing any member of his estate. But to the effect their wisdomes
may knaw he desyres not to be exemit to travell, and bestowing sic
gifts as God hes committit to him, he is content, at their command,
to haunt to ane particular kirk, and teach thereat when he dwells
in the sheriffdome of Aire, and that be discretione and sicht of
the brethren of that countrie; and, when he is in Glasgow, to
exercise lykewayes at some part where the brethren there thinks maist
necessarie, and to abyde their judgement of his diligence in that
behalfe, without binding him any wayes or prejudgeing the power of
jurisdictione qwhilk he receavit with the Bischoprick, unto the tyme
prescryvit in the conferrence that farder order be tane be the haill
estates thereuntill; at the qwhilk tyme he shall be content with all
reformatione as shall be fund expedient: Qwhilk answer beand read,
the Kirk continuet and continues the said Bischope in the visitatione
of the bounds qwhilks he had of before, to the nixt Assemblie, and
as to the particular flock, as is mentionat in his answer, to the
nixt Generall Assembly.
Anent the forme of repentance of the fornicators, the Kirk and
Commissioners present hes votit and concludit, that ane of the dayes
of their appearance to make repentance for their offence on ane
Sonday at ten houres before noon, in tyme of preaching, in presence
of the congregatione, and that double fornicators receive double
punischment for their offence.
[THIRTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assembly, conveinit att Edinburgh, in the Counsell
House, the first of October[16] 1577, qwhair war present
the Bischopes of Glasgow and Dumblaine, Superintendants,
Commissioners of Countries, Kirkes, and Universities,
Ministers, and uthers: Mr Alexander Arbuthnet, Principal of the
Colledge of Aberdeen, Moderator.
Sessio 1.
Because the said Mr Alexander, Moderator, was absent from the last
Assemblie, in that respect not foirseen of the things done therein,
at his desyre, the Kirk appoyntit the Laird of Dun, Mrs James
Lawsone, Robert Pont, David Lyndsay, Andrew Hay, John Craig, Andrew
Melvill, to conveine the morne with him at sevine houres in the
morneing, and advyse upon sic matters as sall be thocht good to be
handlit in this Assemblie. The principall argument to be intreatit in
this Assemblie is this, The Policie of the Kirk. The brethren deput
to the conceiving and forming of the heids thereof, being callit to
give ane account of their diligence, presentit the same as they had
made partitione thereof at their Assemblie at Streviling.
The heids pennit be Mrs James Lawsone and John Row were read, and
nothing again said, except ane of the said Mr Johnes articles
referrit to further disputatione; all men being requirit, that had
gude reasone or argument to propone in the contrarie, to alleadge
the same; or, if he wald not publicklie reasone upon the said heid,
to resort to the saids Commissioners, where travell sould be taken to
satisfie them, leivand to them to make argument as they think guide
against the same.
The Laird of Dunn thocht the heid gine to him obscure. The Kirk
desyrit him to conferr with the remanent Commissioners the morne at
seven houres, that he may be resolvit of the meining thereof. The
remnant heids beand prolixt, were thocht good to be contracted in
short propositiones to be presentit to publick reiding.
Sessio 2.
The heid committit to Mr Andrew Hay read in face of the Assembly.
Nothing was opponit against the same, except the article anent the
suspensione of Ministers, referrit to farther reasoning.
David Fargusone his part read: The 18th article was referrit, and
nothing spoken against the rest.
The pairts committit to Mr Andrew Hay, Robert Pont, David Lindsay:
nothing alleadgit in the contrare.
The heids remittit to Mr Johne Craige: some things were desyrit to be
contractit, and uthers referrit to farther reasoning.
The haill labours of the brethren tane upon the matter and argument
of the policie beand haillelie read in publick audience of the Kirk,
It was thocht expedient that their haill travells and wark in this
matter, being now dispersit, sould be revysit and pervysit be some
brethren, digestit and disposit in convenient order, to be thereafter
presentit to the Assemblie; and for that effect, the Kirk appoynts
their brethren Mrs James Lawsone, Andrew Melvill, Johne Craig,
and George Hay, to convene together, appoint the houres and place
thereto, and to remaine thereat whill the matter be brought to an
end; and in the meane tyme, if it please any man to reasone with them
in the matter, to have access thereto.
Sessio 4.
Anent the accusation laid against Mr Patrick Adamsone, callit
Bischope of St Androis, that he had enterit in the said Bishoprick
againes the Acts of the Generall Assembly, and usurpit the office
of Visitatione within the bounds of Fyfe, unauthorised be the
Commissione, or power of the Kirk, and left his ordinar office of
ministrie, The Generall Kirk, in respect of his absence to answer
hereto, Gives their full power and Commissione to Mr Robert Pont,
James Lawsone, David Fargusone, and Superintendant of Lawthiane,
conjunctlie; and, in caise of the said Superintendant’s inabilitie,
to Mr David Lyndsay, or John Brand, to direct out summonds against
the said Mr Patrick, summonding him before them at sic day or dayes
as they shall thinke good, within the towne of Edinburgh, to try
and examine his entrie, and proceeding to the said Bishoprick,
usurpation of the said office of Visitation, and deserting his said
office of ministrie qwhilk he had of before; with power to them to
summond the Chaptor of St Androis, or so many of them as shall seem
to them expedient, if need require, and the ordinarers or inaugurers
of the said Mr Patrick, as they shall think good, for the better
tryall of the premisses: And what herein they finde be proces of
excommunication, to report againe to the next Generall Assembly;
and, in the mean tyme, in the name of the Kirk, to discharge him of
farther visitation of the saids bounds qwhill he be admittit be the
Kirk.
Sessio 5.
The Kirk fand, that James Blackwood, because he brookit twa
benefices, the personage of Sanquhair and viccarage of Saline, should
demitt the ane of the saids benefices.
Sessio 6.
It was thocht expedient be the Kirk, that certaine of the brether
be direct to the Regent’s Grace to informe him that the Kirk is
travelling in the matter and agreement of the policie, and what beis
farther proceidit theirin, his Grace shall receive advertisement,
before the end of the Assemblie. In this meane tyme, sundrie
inconvenients may fall out before the same be perfytit, qwhilks it
wald please his Grace to consider ane remeid; and for this effect
was dispatchit from this Assembly, Mrs David Lyndsay, and John
Duncansone, who returnit and reportit, his Grace lyked well of their
travells and laboures tane in that matter, requireing expeditione and
hastie outtred thereof: As for the particulars they informe wald be
occurred, let them be gine, they shall have good answer.
Sessio 8.
The particulares of sic things as are desyret to be ordainit by
my Lord Regent’s Grace before the wark of the policie cam out,
being conceivit in a few articles, quhilk after shall appear, were
delyvrit to the Kirk be thair brether Mrs David Lyndsay, Andrew
Polwart, and John Duncansone, to be proponit to his Grace to that
effect, to await afternoone for his Grace answer; qwho returning,
reportit his Grace answer to us, That if the articles might be
resolvit be himselfe without the councill, they should receive his
answer the morne, in the morning, wtherwayes the Councill should be
convenit the morne afternoone, and thereafter answer should be gine
to sik as the Kirk direct to receive the same; for the quhilk effect,
the Kirk direct Mr John Craige and David Lyndsay.
The tenor of the Articles above specifeit.
1. First, that provisione may be had for the visitors of the countrie.
2. That order may be taken that persones depryvit be the Kirk for not
doing their offices, may be depryvit of their benefices.
3. That his Grace will take order with such as receives benefices and
thereafter cowps them.
4. That when benefices vaiks, they may be disponit rather to sic as
hes servit at the Kirks thereof, than to uthers not so well qualified.
5. That the Acts of Parliament made against adulterers may be put to
executione, namely, against William Cochrane, notorious adulterer.
6. That his Grace would discharge playes of Robine Hoode, King of
May, and sic uthers, on the Sabbath day.
7. Because there is diverse readers not enterit in the Booke of
Assignation, pairtly by inlaike of Commissioners, and pairtly be
their negligence, that order may be provydit therefore.
The Proces persewit be the Laird of Tullyallane, against John Dykes,
minister of Culross, was sichtit be some brether, and the heid of
the bill was not found provine. The debait was finallie endit be the
travells and persuasiones of the brether appoyntit thereto.
Sessio 9.
Anent the complaint made be David Fargusone, upon Mr James M‘Gill,
Clark of Register, to the young Laird of Rossythe, that against the
acts of the Kirk they causet burye the umquhill Laird of Rossythe in
the Kirk of Dumfermling, albeit the said David made them foirseen
of the said act; The Kirk ordaynit John Durie to warne the Clark
Register to answer heirto, the first day of May next to come.
Ordayns the brethrene to wait on my Lord Regent’s Grace answer, to
make sute for Mr John Davidson’s libertie to come in the countrie,
for his favour, when he likes to come.
The brethrene appoyntit to collect the heids of Policie presentit
of before, reportit the same collectit in order, and digestit in an
body; and all men requyrit that had good reasone to argument, to
propone, to offer them thereto.
Thrie heids were callit in doubt; ane _de Diaconatu_, ane uther _de
Jure Patronatus_, the third _de Divortiis_, wherein they were not
resolvit nor satisfiet. As to the rest, nothing was thocht in the
contrair, nor proponit.
Thir thrie heids standing in contraversie, and disput _in utramque
partem_, yet farther disputation was reservit till the morne, to any
man that likit to take the pairt of reasoning upon him against the
saids heids.
The Commissioners appoyntit to await upon my Lord Regent’s Grace’s
answer, report, because they had no commission in wreit, his Grace
gave no answer to them.
The Clark Register beand present, declareit that the Proveist and
Baillies of Dumfermling agriet to burie the said Laird of Rossythe
in the Kirk; that he was not the causer thereof, submittand himselfe
allwayes to the judgement of the Kirk, if any offence be found done
by him.
The Generall Assemblie of the Kirk of this Realme, considering the
grit abundance of iniquitie overflowing universallie the haill face
of this commoneweill, now in so great licht and revelation of the
trew and Christiane religione, justly provocking and steiring up
the justice and equitie of God to take judgement and vengeance on
this unworthie nation; Seeing also the many and perilous strifes and
raiges of persecutione daily invading the Kirk and Spouse of Jesus
Christ, the sound and extreame troubles of the trew and zealous
members thereof in the parts of France and elsewhere, professing with
them ane Saviour, Lord, and Messias, the wark also of establishing a
perfyte order and policie in the Kirk being presently in hands, hes
thocht it good, for the same reasones and good causes, that earnest
and speedy recourse shall be had to God, with commone supplicationes
and prayers; And to that effect ane generall fast be observed
universallie, throughout all the kirks of the realme, with doctrine
and instruction to the people, to begine the secund Sonday of July
nixt to come, qwhilk is the ninth day thereof, and to continue to
the nixt Sonday thereafter, wsing, in the meanetyme, exercise of
doctrine according to the accustomit order; and to that effect, that
intimation be made by the Commissioners of Countries to the ministers
within their bounds, as appertaines. Gine in the Generall Assembly.
Because the matter of the policie of the Kirk collectit be the
brethren, is not yet in sic perfect forme as is requisite, and
syndrie things largely intreatit, qwhilk will be mair summarly
handlit; uthers requireing further dilatioune for the re-collecting
thereof, and putting the same in good order and forme, and for
avoiding superfluitie and obscuritie, the substantialls beand keepit;
The Kirk presently hes willit their belovit brethren, Mr Robert Pont
and James Lawsone, to take travells and laboures in the premisses;
and to the effect the wark may the better be compleitit and in
readiness against the next Generall Assemblie, qwhilk is ordaynit to
begin at Edinburgh the 25th of October nixt to come, the Kirk hes
ordaynit their brethren, the Laird of Dunn, Mrs Alexander Arbuthnot,
Andrew Melvell, John Craig, Andrew Hay, George Hay, John Row, David
Lyndsay, John Duncansone, to conveine and assemble together, the
nyneteine day of October nixt in Edinburgh, to revise and consider
the travells of the said brether, that the samine may be the mair
advysedly proponit publickly, as said is: In this meane tyme, sic as
pleases to reason in the matter to have access to the saids brether;
and lykewayes ordainit the Visitors of Countries to make intimatione
to the Barrones, that the said wark is in hand, and to be treattit in
the nixt Generall Assembly; desyrand their presence and concurrance
thereto.
[THIRTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, conveint att Edinburgh, in
the Laigh Tolbooth thereof, the 25th of October 1577, where
there was present the Commissioners of Countries, Provinces,
Townes, and Universities, with the Ministers: Mr David Lyndsay,
Moderator.
Sessio.
Because of great confusione heirtofore in Assemblies qwhilk fell out
be casting in of purposes unfoirseene afoire, and be the multitude of
proponers thereof; It was thocht meet, dureing this Assembly, that
certaine brethren sould conferr with the Moderator upon matters to
be intreatit on at this conventione, viz. Mrs John Row, Alexander
Arbuthnot, Andrew Melvill, William Christison, James Lawsone, Robert
Pont, Andrew Hay, John Duncansone; and sic lyke it is thocht good
that the acts made in the Assemblie be considerit be the saids
brethren, joynit to the Moderator, and thereafter read in open
Assemblie.
The Kirk thocht meet that my Lord Regent’s Grace should be desyrit
to be in this Assemblie in proper persone, or be Commissioners;
and to that effect war direct Mrs John Row and James Lawsone, qwha
immediatlie returnit, with answer that his Grace had no leisure to
talk with them for occupation.
The haill Assemblie ordaynit Mrs John Craig and John Brand to gang to
his Grace for the same effect, and to report his answer the morn at
nyne hours, qwhilk was, that he was so occupied in earnest effairs of
the Councill, that he had no leasure to confer with them. The Kirk
hes thocht it meet that the said brethrene pass againe to him, and
require his personall presence in this Assemblie, or Commissioners
authorized with his commissione.
Because the matter of the policie and jurisdictione of the Kirk
committit to the recollecting, forming, and dispositione of certaine
brethren being now present, be them was thocht expedient to be
proponit and intreatit the morne; efter the reading of the generall
heids thereof, the haill brether was requyrit to advyse with
themselves gif they fand any uther heids necessary to be disputit
then this, and to signifie the same to the Assemblie the morne.
Sessio 3.
Johne Brand returnit my Lord Regent’s answer, that in respect of
sundry important businesses, and that he could not leave the Councill
sa soone conveint, he could not satisfie the petitione of the Kirk,
desyring that the brethren qwhilk war send down to him before,
sould come downe and speik with his Grace; and because the Kirk is
labourand in the policie, prayand them earnestly to gang fordwart and
put the same to end, The Kirk wills Mrs James Lawsone and John Row to
pass to his Grace the morne, according to his desyre.
Mr Patrick Adamsone, in my Lord Regent’s Grace name, exhibits in the
Assembly ane Letter direct from the Queen Majestie of England to his
Grace, making informatione of a certain Councill to have been halden
at Magdeburgh for establishing of the Augustane Confession, with
ane Letter written from the Cassumire to her Majestie of that same
argument, desyrand the Assemblie to advyse if they thocht meit that
any of the learned ministers of this natione sould repaire thither,
and whom they will name and find good to this effect: To the qwhilk
desyre the Kirk continuit to giue answer to the 28. day of this
instant.
Sessio 5.
The Assembly present in ane mynde resolvit and adjudgit it to be very
necessarie, that some of the Kirk sould be direct to the Councill
to be halden at Magdeburgh, and hes nominat any twa of the brethren
following that shall be thocht most meet be my Lord Regent’s Grace,
viz. Mr Andrew Melvill, Patrick Adamsone, David Cuninghame, George
Hay, David Lyndsay, William Chrystisone, Alexander Arbuthnott, and
Robert Pont; qwhais names the Kirk ordaynes to be presentit to his
Grace be Mr Craig, and to report his answer againe.
Compeirit John Andersone in linnen cloathes, in presence of the
haill Assemblie; and beand prostrate upon his knees, confessit he
had offendit Mr Robert Boyde, minister, in drawing of his blood,
whereof he repentit with his heart, and askit God and his Kirk
forgiveness--promiseing, be the grace of God, not to fall in the lyke
wickedness in tyme cuming.
Sessio 6.
This Session being hallilie imployit in reasoning the heids of the
jurisdictione of the Kirk, the same argument was ordaynitt to be
followit out the morne, so far as tyme may serve thereunto.
Sessio 7.
Concerning the number of the brethren gine in to his Grace, it lyked
him well that the Kirk had gine him choise out of so reasonable ane
number, and that, in his opinione, Mr Andrew Melvill, George Hay, and
Alexander Arbuthnott, were meitest for the purpose; allwayes desyres
the advyce and judgement of the Kirk heirto, that after, he may take
resolutione with his Councill.
The Kirk willed the said Mr Patrick Adamsone, with Mr Johne Craig
and William Chrystisone, to travell with his Grace, to knaw further
his Grace’s mynde in this behalfe, and sicklyke to desyre his Grace
for to appoynt the modifiers to conveine to the ordering of the
rolles of the ministers, and to report his Grace’s answer to the
Assemblie.
Sessio 8.
The persones directit to his Grace reportit, that he lykit well Mr
Androw Melvill and Mr George Hay to be direct to the said Councill,
alwayes he wold knaw the advyse of the Councill therein, qwhairof
he wold make them to be informed: And, concerning the rolls of
ministers, had appoyntit the Abbot of Dumfermling, George Auchinleck,
Mr Nicoll Elphingstoune, and Thomas Nicolsone, to take order
therewith.
Sessio 9.
Thomas Mortoune, ffiar of Cambo, and Mr Thomas Ramsay, gave in ane
bill of accusatione against Mr Thomas Kynneir, minister of Craill,
contaynand sundrie heids of sclander against him, as, namely,
suspicions of adulterie with Agnes Guidland, spouse to Sir John
Barone, drunkenness, tulziesumness, selling of the sacraments. The
said Mr Thomas being present, denyit the haill points thereof;
and the said bill being referrit to the accusers’ probatione, for
proveing thereof they produced David Fermor, David Monypennie, Mr
James Hallyburtone, provest of Dundie, John Herries, and Mr Thomas
Fermour, qwha being admittit, and nothing opponit against them, the
said Mr Thomas was ordaynit to be examinat be William Chrystisone
and John Durie, and their depositiones to be presentit againe to the
Assembly, to be considerit what they import.
Sessio 10.
The depositiones of the witnesses examinat in the said cause being
reportit at afternoone, the Assemblie continueit the pronouncing
of the sentence in the matter till the morne, and warnit baith the
pairties thereto.
Mr Andrew Polwart was decerned to be frie and at libertie fra the
kirk of Paslay, that he may serve uther where it pleased God to call
him; because of the contempt of the discipline, their manifest vices,
minacing and boasting of him in doeing his dewtie, his labours cannot
be profitable to them, besydes some privat causes qwhilks were
considerit be Mrs Alexander Hay, Alexander Arbuthnot, George Hay, and
Andrew Melvill, and they reportit their judgement; qwhairupon decreit
past.
Sessio 11.
Anent the grievous accusatione layd against Mr Thomas Kynneir be the
Laird of Cambo, and Mr Thomas Ramsay, concernyng his sclanderous
and ungodly life, the haill Assembly, after publick reiding of the
witnesses and probatione deducit in the matter, and dew consideration
thairof, and after taking aith of the accusers that they accusit
naither of malice nor choler, but for conscience cause, knawand the
accusatione qwherwith they accuse him to be trew, Decerns, all in
ane voyce, the said Mr Thomas to be depryvit, lykeas they deprive
him of the ministrie in all tyme cuming; debarring him also from
the participatione of the holy supper of the Lord, ay and whill his
repentance be testifyit to the Generall Assemblie be the visitor of
the countrie where he remaynes, and humble supplicatione to be made
be the said Mr Thomas to the haill Assemblie, to be admittit thereto,
and their answer to that effect: That this sentence be intimat in the
Kirk of Carraill in the pulpit thairof be the commissioner of the
countrie.
Sessio 13.
The heads of the Policie and Jurisdictione of the Kirk beand halilie
read in the audience of the haill Assemblie, and thocht good that
the same sould be presentit to my Lord Regent’s Grace, as agried be
reasoning amang the brethren, savand the head _de Diaconatu_, qwhilk
is ordaynit to be gine in with a nott, that the same is agriet be the
maist part of the Assembly, without prejudice of farther reasoning,
to the effect the saids heids may be put _in mundo_, disposit, and
set in good order, according to the mynd of the Assemblie; The
Assembly hes willit Mrs James Lawsone, Robert Pont, David Lyndsay,
and the Clerk of the Assemblie, to travell with diligence therein:
And the same being put _in mundo_, that according to the originall,
to be seen and revysit be John Duncansone, David Fargysone, the Laird
of Dun if he be present, Mr James Carmichael, and John Brand, and
being found be them according to the said originall, to be presentit
be the saids Mrs James Lawsone, Robert Pont, and David Lyndsay,
together with the supplicatione pennit and delyverit to them, be the
Clerk, unto my Lord Regent’s Grace; and in caise conferrence and
reasonyng be socht be his Grace upon the saids heads presentit to his
Grace, The Assembly hes appoyntit Mrs Patrick Adamsone, the Laird
of Dun, John Craig, John Row, Alexander Arbuthnott, Andrew Melvill,
James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, George Hay,
and Johne Duncansone, to concurr and await upon the said conference
as they shall be advertised be his Grace.
[THIRTY-SEVENTH GENERAL ASSEMBLY.]
The Generall Assemblie, conveint att Edinburgh the 24th day of
Aprile, in the Magdalen Chapell, 1578, quhair thair was present
Commissioners of Countries, Kirks, Townes, and Universities,
with Ministers: Mr Androw Melvill, Moderator.
Sessio.
Att the Moderator’s instance, the Assembly appointit Mrs John Row,
Robert Pont, James Lawsone, and David Lyndsay, to concurr and conferr
with him at extraordinar houris, to advyse upon sic matters as shall
be thocht best to be proponit to the Assemblie.
Sessio 2.
It was thocht good be the Assemblie, that Mrs Andrew Hay, John Craig,
and John Duncansone, sould be direct to the King’s heines Counsell,
requyrand the Councill to direct some of the same as Commissioners
from his heines to assist the Assemblie with their presence and
councill, who returnit their answer, that be reason of urgent
affaires they could not be present this day; but the morne there
should be twa deput to be direct to the Kirk.
Sessio 3.
That Bischops and all uthers beirand ecclesiasticall functions be
callit be their awne names, or brethren, in tyme cumeing.
Anent the ordinance made in the last Assembly concernyng the
presenting of the Booke of Policie of the Kirk to my Lord Regent’s
Grace; The brethren havand commissione thereto declarit that they
had presentit the same to him with the supplicatione appoyntit,
and ane day being appoyntit to conferrence, the alteration of the
authoritie hes intervenit; and allwayes, for to stay corruptione in
the entrie of the King’s Majestie’s Government, they had presentit to
his hieness councill, ane supplicatione with four articles, and for
observatione of the Act of Parliament, touching sic as bears publick
office within this realme; ane uther for putting order to the late
murther in Strivling and Edinburgh; the third for the policie of the
Kirk; the fourth for supporte of the appearand famine--of the qwhilk
as yet no answer.
The haill Assemblie thocht the same meit to be cravit of the
Councill, and desyrit my Lord Herreiss and the Abbot of Deir,
present, of their opinion concerning the saids matters; qwhais
answer was, they came not to vote nor conclude, but were direct be
the Councill to hear and sie the proceedings of the Assemblie, and
alwayes sould insist at the hands of the Councill for answer to the
saids Articles.
Anent the complaynt made upon David Fargysone, that he had overseine
the executione of the act made anent Mr Thomas Biggar and George
Boswell anent their resorting to the exercise of Dumfermling, the
said David being present, declareit that upon their promise to erect
ane exercise in Kirkaldie he stayit, qwherin they have failziet The
Kirk ordaynes the said act to be put to executione be him as accords.
It was thocht meet be the brethren, that certaine sould be direct to
my Lord Herreiss and the Abbot of Dier, to put them in remembrance
of the answer to the articles gine in to the Councill, and lykewayes
to demand of the Councill, whether they be direct to the Assembly
to giue their advyce in all things tending to the glory of God and
weell of his Kirk, or to hear allanerlie; and giue the brethren
finds it expedient to propone the ane and the uther to the Councill
themselves? And to that effect were direct Mrs Andrew Hay and David
Lyndsay, who returning, reportit, that some difficulties are in
the articles, and for reasonying thereof with sic as the Kirk will
appoynt thereto, they have ordaynit twa of the Counsell to concurre
the morne at aucht hours. As to the persones they direct to the
Assemblie, they giue them no power as Commissioners of the King to
vote in Assemblie; for they had not spoken the King in this behalfe:
Alwayes, as brether and members of the Kirk, they shall giue advyce,
counsell, and vote. The Kirk appoynts Mrs Robert Pont, John Row,
James Lawsone, Andrew Hay, Andrew Melvill, and David Lyndsay, to
concurr with the deputs of the Councill, to reasone upon the saids
articles the morne at aucht houres.
Forsuameikle as the heads of the policie beand concludit and agreit
in the last Assemblie of the Kirk, be the maist part of the brether;
certain of the brother fand some difficultie and questione in that
head _De Diaconatu_, qwhairthrow farther reasonying was reservit to
this Assemblie thereanent: It was therefore requyrit that if any
brother had reasonable doubt or argument to propone, that he sould be
readie the morne to offer his reasones, qwhair he shall be heard and
resolvit.
Ordaynes ane Generall ffast to be observit universallie within the
Kirk within this realme, to begine the first day of Junii nixt to
cum, and to continow whill the next Sabbath thereafter inclusive,
with the accustomed exercises of doctrine and prayer; intimation
heirof to be made, with the tyme and cause, to the King and
Councill, supplicating his Grace and Councill to discharge be opin
proclamatione, all kynd of insolent playes as King of May, Robine
Hood, and sic uthers, in the moneth of May, aither be bairnes or
utherwayes.
Sessio 5.
The brether appoyntit to conferr with the deputs of the Councill
touching the difficulties they had to propone againes the Articles
gine in to the said Councill, reportit, that the said deputis willed
the Assemblie to name the persones they suspect of Papistrie, and to
direct from the number of the Kirk, certain brethren to admonische
them to subscryve to the Articles of the Religione presently allowed
be act of Parliament, and to participat the communione, and giue they
find disobedience, to intimat the same to the Councill; and lykewayes
to proceed against the disobedients with the censures of the Kirk.
The Assembly nominat my Lord Chancellour, the Earles of Caithness
and Mountgomrie, my Lord Ogilbie, and ordaynit Mr John Row and James
Lawsone to communicat with the Chancellour and Mrs John Craige and
John Duncansone, with the remanent, and to report their answer at
fyve houres to the Commissioners of Countries.
Sessio 6.
According to the ordinance made yesterday, all persones that hes any
reasonable doubts or argument to propone against the head of the
Policie, were requyrit to propone the same, and nane offerit any
argument in the contrarie.
Sessio 7.
Forsuameikle as there is great corruptione in the estate of Bischops,
as they are presently maid in this realme, qwhairunto the Kirk would
provide some stay in tyme cuming, so far as they may, to the effect
farder corruptione may be brydlit; Therefore the Kirk hes concludit
that no Bischopes shall be electit or made hereafter before the next
Generall Assemblie; discharging all ministers and chapters to proceed
any wayes to electione of Bischopes in the meanetyme, under the paine
of perpetuall deprivatione from their offices; and that this matter
be proponit first in the next Assemblie, to be consultit what farther
order shall be taken thereanent.
Anent benefices vaikand of the Kirks where there is no qualified
ministers serving; The Kirk hes determinat and ordaynit, that no
visiter of countries give collatione of the saids benefices to any
uther persone by the minister of the Kirk qwhairof the benefice
vaicks, qwhill the next Generall Assemblie of the Kirk, under the
paine of deprivatione from their offices; and gif they be urget
be the Prince’s letters thereto, to shaw this ordinance for their
defence, and that this same matter be proponit in the next Assemblie,
that order may be taken theirin.
Sessio 8.
Forsuameikle as the Generall Kirk has thocht meet that the travells
taine be them upon the Policie be presentit to the King’s Majestie
and his heines Councill: It was found good, that before the copies
thereof were delyverit, they sould be yet reueisit and overseen be
Mrs Robert Pont, James Lawsone, and David Lyndsay, and being written
over according to the originall copie, to be presentit be them to
his heines with a supplicatione pennit be them to that effect, with
ane uther copie to the Council; the tyme to be at the discretion of
the said brether, provyding it be before the generall ffast: And in
case conferrence and reason be cravit upon the said heids, the Kirk
hes nominat Mr John Craige, Alexander Arbuthnott, the Laird of Dun,
William Chrystisone, John Row, David Fargysone, Robert Pont, James
Lawsone, David Lyndsay, John Duncansone, Andrew Melvill, Andrew Hay,
and James Greig, to concurr and conveine at sic tymes appoynted
be the King and Councill, advertisement being made to them be the
said thrie brether, and that the saids Commissioners at the said
conferrence reasone also on the head of the ceremonies, and how far
ministers may meddle with civill affaires, and gife they may vote in
Councill or Parliament.
The Generall Assemblie of the Kirk, finding the universall
corruptione of the haill estates of the bodie of this realme, the
great coldness and slackness of religione in the greitest pairt of
the professors of the same, with the daily increase of all kynd
of fearfull sinnes and inormities, as incest, adulterie, murders,
and namely, recently committit in Edinburgh and Striviling, cursed
sacriledge, ungodlie seditione and divisione within the bowells of
the realme, with all manner of disorderit and ungodly living, qwhich
justly hes provokit our God, although long-suffering and patient, to
stretch out his arme in his anger to correct and visite the iniquitie
of the land, and namely be the present seueritie of famine and
hunger, joynit with the civill and domestick seditiones, qwhairunto
doubtless greater judgements must succeed gif his correctiones work
no reformatione nor amendment in men’s hearts: Seeing also the
bloodie conclusiones of the cruell councill of that Roman beast,
tending to exterminat and raze from the face of all Europe, the light
of the blessed word of salvatione: ffor these causes, and that God
of his mercy wald bless the King’s heines and regiment, and make him
to haue ane happie and prosperous government, as also to put in his
heines heart and in the hearts of his noble Estates of Parliament,
not only to make and establische good and politick lawes for the weel
and good government of the realme, but also to setle and establische
sic ane policie and discipline in the Kirk, as is cravit in the
word of God, and is conteinit and pennit alreadie to his heines and
councill, that in the ane and in the uther God may be glorified and
haue his dew praise, and the age to come ane example of upright and
godlie living and dealing: Therefore the Kirk hes ordainit the act
preceiding heiranent to be preceislie keepit in all poynts.
Sessio 9.
The brethren appoyntit to speak with the suspect Lords reportit, that
the Earle of Caithnes desyreit to sie the articles of religione:
My Lord Ogilvie declareit that he had subscryveit the articles of
religione, and participat the communion before the pastour of the
countrie, and was willing to doe the same againe. They had not
the commoditie to meet with the Chancellour and Montgomerie. The
Ministers and Sessiones of these townes where they shall happin
to repaire, were ordaynit to admonische them; and if they fand
disobedience, after dew admonitione, to proceed against them with the
censures of the Kirk.
Mr Thomas Sincloure was nominat amang the brethren to answer the
bills.
Sessio.
What shall be the punischment of communicants that violats the
generall fast? Answer: They shall make repentance twa severall
Sondayes, and according to the contempt in the violatione, the paine
to be aggravat.
The conventione nixt appoyntit at Edinburgh the 7th of July next to
come, in caise the parliament alreadie proclaimit hald fordward;
utherwayes, in caise the same halds any uther tyme betwixt and the
24th day of October nixt to come, that the brethren conveine in the
place where it shall be halden for the tyme, four dayes before the
same; and failzieand of both, upon the 24th day of October nixt to
come, within the towne of Edinburgh.
[THIRTY-EIGHTH GENERAL ASSEMBLY.]
The General Assembly, conveint at Striviling, and begun the 11th
of Junii 1578, where there was present the Commissioners of
Countries, Commissioners from Synodall Assemblies, Towns, and
Universities.
Sessio 1.
In respect of the raritie of the Assemblie, the brethren that were
conveint thocht best to meit at twa houres afternoone, and to sitt
till fyve houres at noone.
Sessio.
Exhortation beand made be Mr Andrew Melvill, Moderator of the last
Assemblie, before farder proceeding, questione beand proponit, if
this Assemblie be ane continuation of the last or ane new Assembly?
It was reasonit and concludit to be ane new Assemblie. For electione
of ane Moderator, Mrs John Row, David Fargysone, and John Duncansone,
was proponit in leets, and be pluralitie of votes, Mr John Row was
chosen Moderator.
Mrs Robert Pont, James Lawsone, Andrew Melvill, John Craig, and
Andrew Hay, direct to give their counsell, and communicat with the
Moderator sic matters as shall be thocht best to be resolvit at this
conventione.
Forsuameikle as it hes pleasit the goodness of God to indew the
King’s Majestie with zeal of his trew religione, it was thocht very
meit that the Laird of Lundie, Mr John Craige, James Lawsone, Robert
Pont, and John Row, should be direct to his Grace to crave that some
be direct be his Grace to assist this Assemblie the morne, at aucht
houres in the morning, and to report his hienes answer.
Sessio 2.
Anent the Act made in the last Assemblie concernyng the election
of Bischops, suspendit whill this Assemblie, and the farder order
resolvit thairinto, The Generall Assemblie, all in ane voyce, hes
concludit that the said act sall be extendit for all tyme to come, ay
and while the corruptione of the Estates of Bischopes be allutterlie
taine away, and that all Bischopes alreadie electit, be requirit
particularly to submit themselfis to the Generall Assembly concerning
the reformatione of the corruptione of that estate of Bischopes
in thair persones, qwhilk if they refuse, after admonitiones,
excommunicatione to pass against them: qwhilk submission the Bischop
of Dumblane willingly offerit to the Assemblie.
Anent ane act made in the last Assembly, the 28th of Aprile 1578,
concernyng the collatione of benefices to uther persones nor the
ministers of the kirk quhairof the benefices vaikes, and the farther
order to be taine in this Assembly, the Kirk present hes farther
concludit, that neither Bischops, visitors, nor uthers beiring
commissione of the Kirk, give collation of benefices, by and against
the tennor of the said act, Under the paines therein conteint, qwhill
the nixt Generall Assembly of the Kirk, at quhilk tyme this matter
shall be proponit againe, that farther order may be tane therein.
Anent the penaltie of bischopes, ministers, and uthers bearand
functione in the ministrie, that setts fewes and tacks of their
benefices and ecclesiasticall livings, or any pairt thereof, or
ministers in chapters that gives their consents thereto, without the
consent of the Generall Assemblie of the Kirk, against the tenor of
the acts made in Assembly before, the Kirk and Assemblie present hes
concludit that the saids persones quhilk shall happen to contraveene
the said act, shall be depryvit from their offices and functione in
tyme cuming.
Forsuameikle as in the last Assemblie, commissione was give to
certaine brethren to present to the King’s Grace and Councill the
heids of the policie of the Kirk, with a supplicatione unto his
Grace, the Kirk desyrit the report of the brethren’s proceeding; who
exponit and schew, that according to their commissione they exhibite
to the King’s Majestie a copie of the heids of the policie, with the
supplication unto his Grace, quho gave a very comfortable and good
answer, that not only wald he concurr with the Kirk in all things
that micht advance the trew religione presently professit within this
realme, but also wald be a protector of the Kirk; and thereafter
his Grace presentit the supplicatione to the Councill, who nominat
persones to conferr in the matter, and be his Majestie’s procurement
obtained of the Councill that they micht choyse so many ministers to
conferr, as was at lenth agreit upon: Quhilk conference is readie to
be schawen.
Sessio 3.
The report of the Assemblie had be the Commissioners appoyntit be the
King’s Majestie and Councill beand exhibite to the present Assemblie,
it was thocht meet to be read over.
As to the supplication devysit in the beginning of the conference
touching those that shall vote in parliament in name of the Kirk, the
Assembly thocht the advyce good, and ordaynit Mrs John Row and Robert
Pont to penne the same, and to present it to the Assemblie on Monday.
Concerning the remanent observationes, ordourly the Kirk proceedit as
follows:
Cap. 1. The auchteine article thereof whilk in conferrence was
desyrous to be made plaine, the Assembly thinks it sensible enough.
Cap. 2. The third article agreit conforme to the conferrence. The 7th
article to be farder considerit.
Cap. 3. The 10th article thought plain in the selfe: as to the 12th
article, agreit it be framit conforme to the conferrence. Touching
the advyce, craveit what paines shall be put to non-residents, The
Kirk thought meet and civill law cravit, decernand the benefices to
vaick through non-residence.
Cap. 4. The 9th article agreit conforme to the conferrence and the
penaltie of persones excommunicat, desyrit to be hornyng or captione
be speciall act of parliament to be execute be the Thesaurer, Justice
Clark, or uthers, that the King’s Majestie and his Councill pleis to
appoynt.
Cap. 5. Agreit with the twa supplicationes desyrit.
Cap. 6. The perpetuitie of the persones of the elders agreit
conforme[17]
{missing text indicated by asterisks}
... patrimonie of the Kirk, to the hurt and diminutione of the
rentalls thereof, and to the prejudice of the old possessors of
the same; certifieing them and every ane of them that does in the
contrare, that the censures of the Kirk and excommunication sould
proceid against them, and this act to be extendit to all Chapiters
of every sorte and conditiones that is usit presently in this
realme; and sicklyke against these that are receivers, directly
or indirectly, of the saids fews, tacks, or uthers dispositiones
whatsumever, and the contraveners to be accusit before the Generall
or Synodall Assemblies and their Commissioners appoyntit be other
of them to that effect, and intimation to be made heirof to all
Commissioners and ministers in every Paroche Kirk, and that in
respect of the great inconvenients knawn to the Kirk, against
the Kirk, schooles, and the multitude of the poore, qwhilk dayly
increases and dies miserably through the occasione forsaid.
The nixt Assembly to be in Edinburgh the 24th day of October nixt to
come; and, if there be ane parliament betwixt and the said day, the
Assemblie to be where the parliament beis, twa dayes before the samme.
[THIRTY-NINTH GENERAL ASSEMBLY.]
The Generall Assembly, convenit at Edinburgh, the 24th of October
1578, in the Nether Councell-house, where there was present the
Commissioners of Countries, Provinces, Townes, and Universities.
Sessio.
Exhortation made be Mr John Row. Leets, Mr Andrew Hay, Thomas
Smetone, David Fargysone: The said David was chosen Moderator be
pluralitie of votes. Mrs James Lawsone, Andrew Melvill, John Row,
Andrew Hay, Thomas Smetone, John Craige, Robert Pont, Assessors.
The Noblemen in the Towne for the present were desyrit to be present
in the Assembly.
Sessio 2.
In respect that at the desyre of the Assemblie, certain of the
nobilitie were convenit, viz., my Lord Chancellour, the Earle
Montrose, my Lord Setone, my Lord Lindsay, it was exponit and schawne
be the Moderator of this Assemblie in name of the Kirk, qwhat care
and studie the Kirk of God had taine to intertaine and keep the
puritie of the sincere word of God unmixt with the inventions of
their awne heids, qwhilk their speciall care was to reserve to the
posteritie heirafter; and, seeing that the trew religione is not able
to continew nor indure lang, without a good discipline and policie,
in that part have they also imployit their witt and study, and
drawne furth of the pure fountaines of God’s word sic a discipline
as is meet to remayne within the Kirk, whilk they presentit to
the King’s Majestie with their supplicatione, at whais discretion
certain Commissioners were appoyntit to reasone with sic as were
deput be the Kirk, where the haill matter beand disput was resolvit,
and agriet, to a few heids, and thereafter againe presentit to the
Lords of the Articles, that the said discipline may take place and
be establischit be the actes and lawes of the realme, qwhairin,
nottheless, their travells hes not succeeded; prayand, therefore,
the nobilitie present, alswell openly to make profession to the Kirk
if they will allow, affirme, and maintaine the religion presently
establischit in this realme, as also the Policie and Discipline
already spoken of, and labour at the King and Councill’s hands for
ane answer to the heads after following, to witt; That his Grace and
Councill will establish such heids of the policie as was alreadie
resolvit and agreit upon be the saids Commissioners, and cause sic
uthers as was not fully agreit to be reasoned and put to ane end,
and that his Grace and Councill will restore the Kirk to the act of
parliament concerning the thirds, and that nane vote in parliament
in name of the Kirk, except sic as shall have commissione of the
Kirk to that effect, and that presentationes of benefices be direct
to the Commissioners of Countries where benefices lyis: And to the
effect that the matter may be the better and sooner exped, that their
Lordships wald appoynt sic tyme convenient thereto as they may best
spare, that sic of the brether that beis namit thereto may await upon
their honors. Theirunto the said Noblemen answerit, that a pairt
of them had made publick professione of this religion before, and
alwayes now they declare they confesse the religion presently profest
within this realme, and shall maintaine the same to their power. As
to the rest, they think good the King and his Councill be suitit, and
they shall insist with the Kirk for answer thereto;--the tyme to that
effect, to the Kirk, the morne.
Sessio 5.
Anent the Act made in the last Assembly concerning the Suspension of
Visitors fra giving collatione of benefices to any persone by the
ministers serving actuallie at the Kirks where the saids benefices
lyes; The Kirk ordayns the said Act to stand in full effect and
strength whill the next Assemblie, where the matter being newly
proponed may be farther resolvit.
Anent the Submissione of Mr James Boyd, Commissioner of Kyll and
Carrick, to the Generall Assemblie, conforme to the Act made in
the last Assembly, and the reasoning had be him be the Moderator
and brethrene appoyntit thereto, the forsaid brether being present
thoucht best he sould publish his awne answer to the haill brether
for satisfactione of them, who gave in his answer in wreit as
follows:
I understand, the name, office, and modest reverence borne to a
Bischope to be lawfull and allowable be the Scriptures of God; and,
beand electit be the Kirk and King to be Bischop of Glasgow, I esteem
my calling and office to be lawfull: And, as anent my executione
of that charge committit to me, I am content to indeavour at my
outermost abilitie to performe the same and every poynt thereof, and
to abyde the honourable judgements of the Kirk from tyme to tyme,
of my offending by my dewtie; craving alwayes a brotherly desyre at
their hands, seeing the charge is weichtie; and in the laying to be
lait to my charge to be examined be the cannone left be the apostle
to Timothie, 1 and 1 cap., seeing that place was appointit to me at
my receipt.
To understand therefrom the dewties of a Bischope: As toward my
living, and rents, and uthers things grantit be the Prince to me, I
reckon the same lawfull: As to my dewtie to the supreame magistrat;
in assisting his Grace in Councill or parliament, being cravit
thereto, I esteem my subjection compels me to obey the same, and no
hurt but an well to the Kirk that some of our number be at the making
of good laws and ordinances; in the doeing whereof I protest before
God never to doe any thing but that I believe shall stand with the
puritie of the Scripture and a weill reformit countrie, as also a
good part of the living I brook being gine for that only cause.
Qwhilk being read in open Assemblie and considerit, after voting of
the haill brethren, was adjudged to be no answer to the Act, nor to
satisfie the desyre thereof, alwayes was reqyrit that afternoone he
sould returne with better advyce as the Kirk wished at God he sould
do.[18]
Sessio 8.
The Assembly hes votit and concludit that all sic persones as are
alreadie, or heirafter shall be deposit for their offences from their
functions of the ministrie, shall be chargit be the Commissioners of
the countries to dimit the saids benefices and livings possesst be
them, to the effect uthers may be provydit thereto that may travel in
the said functione, under the paine of excommunication to be execute
against them, qwherein if they faillie, after admonitiones, to
proceed with the sentence of excommunicatione against them, under the
paine of suspensione of them from the ministrie dureing the will of
the Kirk, and that this act be execut against the Bischope of Dunkeld
and minister of Saline be the Commissioners of the countrie where
they dwell, betwixt and the next Assemblie, under the paine forsaid.
Forsuameikle as the Bischops are to be chairgit to remove their
corruptiones in that estate, the Kirk nominat the speciall
corruptions whilk they desire sic as will submitt them to the said
Assembly to correct, with promise, that giue the Generall Kirk
hereafter shall find farther corruptiones in the said estate, nor
heirto is exprest, that they be content to be reformit be the said
Assemblie according to the word of God when they shall be requyrit
thereto: 1. That they be content to be pastors and ministers of ane
flock: 2. That they usurp no criminall jurisdictione: 3. That they
vote not in parliament in name of the Kirk without commissione from
the Kirk: 4. That they take not up for the maintenance of their
ambitione and covetousness, the emoluments of the Kirk, whilk may
sustaine many pastors, the schools, and the poor, but be content with
reasonable living according to their office: 5. That they claime
not to themselves the titles of Lords temporall, neither usurp
temporall jurisdictione, quhairby they are abstractit from their
office: 6. That they take no farther bounds of visitatione nor the
Kirk committeth to them: 7. That they impyre not above the particular
elderschipes, but be subject to the same: 8. That they usurp not the
powers of the pastors.
The Assembly depryvit Mr Hector Douglass from his office of function
of the ministrie as woundit and unable therefor, and ordaynes him
to be chargit be the commissioners of the countrie to dimit his
benefice, and if he refuises after admonitiones, to proceed with
excommunicatione against him, under the paine of suspensione of the
said commissioner from his office of the ministrie dureing the will
of the Kirk.
Forswamikle as there is diverse persones within this realme that
sends their children, being within age, furth of the countrie over
sea to places where superstition and Papistrie is mayntainit, upon
pretence of seeking farther instructione and learning, as also
uthers, beand of perfect age, transports themselves out of the realme
upon the same pretence, whairthrow they become for the maist part
corrupt in religione, as be evident experience is daylie seen; For
remied heirof, the Generall Assembly hes advysit and concludit, that
the parents of sic children as within their minoritie sends them
to the saids places, or heirafter shall send them where the said
Papistrie is teachit and maintainit, shall be chargit be their own
ministers to call back their children from the saids places with all
convenient expeditione, under the paine of excommunicatione; and if
they disobey, to proceed against them; and sic as are of perfect age,
that already are past out of the countrie to the saids places, or in
tyme comeing, shall pass thereto, shall in like manner be chargit to
remove themselves therefra under the semblalle forme to be execute
against them; and if they disobey, to be excommunicat be the minister
of the place where they remainit before their departing out of the
countrie.
[FORTIETH GENERAL ASSEMBLY.]
The Generall Assembly, convenit at Edinburgh in the New Kirk, and
begun the seventh of July 1579, wherein there was present the
Commissioners of Countries, Provinces, Towns, and Universities.
Sessio.
Exhortation made be David Fargysone. Leitts, Mrs Andrew Hay, Thomas
Smetoune, and John Duncansone: be plurality of votis the said Mr
Thomas was made and chosen Moderator _hac vice_, at whais desyre
the Laird of Dunn, Mrs John How, Andrew Melvill, Andrew Hay, James
Lawsone, Robert Pont, David Fargysone, and John Greig, were appoyntit
Assessors.
Sessio 2.
In the face of the Assemblie, Mr John Duncansone, the King’s
Majestie’s minister, presentit his heines Letter direct to the
Assemblie, qwhilk was read and humblie receavit, and ordayned to be
registrat in the Register of the Kirk, quhairof the tenor followis:
Richt trusty and welbelovit, We greet yow hartilie well.
Understanding of your present Assemblie at Edin^r. and frae the
rumors that passes of some things to be intreatit amanges you, that
may seeme prejudiciall to that good order of the Government of the
Kirk and ecclesiasticall policie heretofore lang travellit in and
hoppit for, We have taken occasione to schaw yow our mynde in this
behalf to the minister of our awne house and some uthers of your
awne number hapining to be present with us, whom in this caus we
have thocht meitest to use as our owne Messengers to carrie our
Letter, whereby we will heartily desyre you and effectuouslie wische
yow, that in this our young age, the tyme being subject to so many
difficulties and imperfectiones, to bestow your common cares and
good willes, to intertaine peace and quytness in God’s feare and
our dew obedience, forbearing any proceeding at this tyme that may
touch matters heirtofore not concludit be any lawes and receivit in
practise. But whatever in the former conferences touching the policie
of the Kirk was remittit to be resolved and decyded be our estates
in parliament, let it so rest without prejudging the same be any of
your conclusiones at this tyme, since our parliament now so schortly
approaches, and that we are weill pleasit and content, that before
the same sic matters as are not yet reasonit may be farther consultit
upon and prepared to pass in forme of lawes, and the meitest for
that wark to be expresslie imployit therein; to the end that the
things conferrit and agreit upon may be presentit to our estates,
to be approvit in our said parliament, and dew executione to follow
thereupon for the advancement of God’s trew religione and the repose
of yow and uthers our good subjects the members of the Kirk of God
within our realme: and for this cause we will not only be the authors
and perswaders of common peace amang all of your owne functione, but
amangst all others our good subjects, alsweell generallie as in the
particular Kirks where ye travell, that some men over bussie to work
the contrarie effects may finde themselves disappointit, and that
our haill estate, be your good example, may be rather disposit to
conforme themselves to a godly and peaceable course of living, qwhilk
we are assured shall be pleasing to God and to us most acceptable,
as ye may perswade yourselves of our willing inclinatione to set
fordward this actione according to God’s will and word, with all
the diligence and good meanes that may be used; and so looking to
be informed of the success of this our reasonable request, and
admonitione, We committ you to the protection of God. Att our Castle
of Striviling the 5 of July 1579.
Sic subscribitur, JA. REX.
Direct to our trusty and well-belovits the Ministers and uthers
of the Kirk presently assemblit at Edin^r., &c.
Sessio 4.
Twiching the epistle presentit be Alexander Arbuthnott to be prefixit
to the Bible, the brether hes desyrit the Moderator and his Assessors
to read and consider the same, together with the Kalander to be
presentit to Mr Robert Pont, and to give their judgements thereof the
morne.
Sessio 5.
Anent the buriall of the Earle of Atholl of good memorie, the Kirk
thocht meit to direct from the Assembly Mrs John Row and Johne Durie
to desyre of them that all superstition be avoyded thereat; quho
reportit that they had made information to their honors, that the
bruit was of same superstitious rites qwhilks ware prepared for the
buriall, as ane qwhyte cross in the mortcloath, lang gownes with
stroupes and torches: quhair answer was that it was not ane crosse,
and grantit the gownes and denyit the torches; alwayes desyred
the Kirk to direct two to sie if sic things as was prepared were
superstitious, and they sould be reformit: according qwhairto war
immediately sent to them David Fargysone, John Braid, and John Durie,
to declare, The Kirk thocht the crosse and stroupes superstitious and
ethineque lyke, and to desyre them to remove the same; who returnit
with answer, that the Lords should cause cover the mortcloath with
black velvet, and the stroupes should be removit.
Anent the act made in the last Assemblie concernyng the suspensione
of visitors fra giving collation of benefices to any persones by the
ministers serving actuallie at the kirks where the saids benefices
lyis; The Assembly ordayns the same act to stand in full effect and
strength whill the nixt Assembly, qwhere the matter being newly
proponit, may be farther resolvit.
The brether thocht good that the late conferrence haldin at
Striviling to sic as the King appoynted thereto sould be read, seen,
and considerit, with the booke of the Policie, to see wherein the
said conferrence agries with the conclusione already of the Kirk.
Cap. 1.
Concerning the doubt made upon the second article of the said
chapter, the Kirk explaines that article, and declares it is
understand baith of the particular presbyterie and generall Kirk. 4.
Article is thocht plaine anouch. 6. Agreit to the dilatione containt
in the 6th article. The 9 article the Kirk thinks good--it stands as
it is in the Kirk, and the 12 sicklyke. 3. The Kirk ciks to the word
government, this word discipline. The 10 article to remaine unalterit.
Sessio 7.
The Kirk present willed Mrs Andrew Melville, Andrew Hay, John Craige,
William Chrystisone, and the Laird of Dun, to convein in the place
of the Assemblie, and to visit the answer gine in be Mr Patrick
Adamsone; to remove the corruptions in the estate of Bischops, and to
giue their judgement thereupon the morne.
Sessio 8.
The Assemblie weyand the apostasie of Mr Niniane Dyell, master of
the Grammar School of Dumfries, deposed him _simpliciter_ from the
functione of the ministrie in tyme cuming, and suspends him from
teaching the schoole and youth, qwhill alse good experience be had
of them of his lyfe as they have had of his defectione; and in the
meanetyme ordayns ane of the Doctors of the school, if he be sound in
religione, to teach the schoole of Dumfries dureing that tyme; and
farder ordaynes him publickly, in face of the haill Assemblie, to
confess his offence, and thereafter to pass to the towne of Dumfries,
and uther pairts of the countrie where he hes abused the simple
people, and likewise publicklie in presence of the commissioners
confesse the same, revockand the saids errors and professand the
contrarie, craving God and his Kirk pardon therefore; and that
immediately after his and the commissioners’ hame passing, under the
paine of excommunicatione.
Sessio 9.
Anent the Bischops or Commissioners of Countries that absents
themselves from Generall Assemblies at the tyme appointit; The Kirk
hes ordainit the act made the 12 of Aug. 1575 to be execute against
them, and namely against St Androis, Morray, and Aberdeen, all
absent; and the said act to be understand of Bischops haveand office
appoyntit of Visitation appoyntit to them be the Kirk, but sic also
as hes not the said office.[19]
Anent Jesuits repairing in this countrie; the Assemblie present hes
votit and concludit, that the Commissioners of Provinces take tryall
and diligently inquire if any sic persones resorte within the bounds
of their office; and if any be found, to charge them straitlie to
give confession of their faith, revock their errors, subscribe the
articles of religione presently established be the mercie of God
within this realme; and if they refuse, to proceed with the sentence
of excommunication against them, beside the civill punischment to be
askit of the King’s heines, and that this act be execute against Mr
John Hay.
Ordaynes ane supplication to be made to the King and his Counsell
that good order may be taken with the Universities of St Androis, and
the corruptiones reformit and taken away; and to that effect that his
heines with his Councill wald direct some wyse, godlie, and learnit
men to consider the estate thereof, and direct letters chargeing
the Masters and Regents of the said Universitie to produce before
sic as his heines and Councill sall nominat with the brethren efter
specified in name of the Kirk, viz. Mrs Robert Pont, John Row, Andrew
Hay, Andrew Melvill, Thomas Smetoune, and Thomas Buchanan, ministers;
the fundationes of the colledges to be seine and considerit be them:
To the qwhilk brether the Kirk for their pairt gives commissione to
censure with the King’s Majestie’s Commissioners, to take order, and
redress all such corruptiones and defaults as pertaynes to the Kirk,
and in so far as they may do.
Sessio 10.
Mr Ninian Dalzell producit to the Assemblie his opinione concernyng
the heads of religion qwhilks are in controversie subscryvit with
his hand, agrieing in all poynts with the opinion and judgement of
the Kirk; protestand before God for no favour or feid of flesche, he
affirmed the doctrine contained therein, and is alwayes mynded to
live and die in the same.
The Generall Assemblie gives full power and Commission to their
honourable brether the Lairds of Lundie, Braid, Elphinstoune, Carnal,
Bargany, Carltowne, Abbotshall, Soffurd, Coldenknowis, Patrick
Kynnynmont, with the Commissioners appointit over the haill provinces
within this realme, be the said Assemblie, Mrs Robert Pont, James
Lawsone, John Craige, John Duncansone, ministers, Andrew Melvill,
Alexr. Arbuthnot, with sic as shall have commissione to be direct
from the burrowes, or to the maist pairt of the said number, to
convene where it shall happen the parliament to be halden two dayes
before the halding thereof, and with their advyce, conceive and
forme sic heids and articles as they shall think meit to be proponit
thereto, in name of the Kirk, ffor the weill and maintainance of
God’s Glory and Policie of the Kirk of God to desyre; with all
humilitie and reverence to crave the samen to be grantit; to conferr
and reasone thereupon the saids heids and sic as shall be proponit
there, sicklyke and as the said Assemblie might doe if they were
present, firme and stable.
The Generall Assemblie gives full power and commission to their lovit
brethren John Erskine of Dun, John Duncansone, Andrew Hay, John
Craige, Thomas Smetone, ministers, and Andrew Melville, principall of
the Colledge of Glasgow, to passe to the King’s Majestie and Councill
to Striviling with convenient expeditione, and to present unto his
heines and Councill sic heids, articles, and complaints as are gine
and already delyvirit to them be the Kirk, with humble instance and
reverence to crave and receave answer thereof, and therein to travell
effectuouslie and with diligence, and namely to make sute for the
reformation of the Universitie of St Androis, and that tymes may be
appoyntit thereto: qwhairof the said Assembly willed their breither
to make dew advertisement to sic as the said Assembly hes namit for
their part, and what beis done to report againe to the next Assembly,
firme and stable haldand and for to hald, whatsumever their said
brether in the premisses righteouslie leids to be done.
Articles presentit to the King’s Majestie be the saids
Commissioners.
1. The Kirk craves of the King’s Majestie wald make generall
prohibitione that nane of the inhabitants of this realme send their
children to Paris or any uther universitie or toune, professing
papistrie, under sic paynes as his heines and his councill think
expedient.
2. That his heines wald cause and compell the Provest and Masters
of the Colledges of the Universitie of St Androis to produce and
exhibite the erection and foundationes of the colledges within the
said Universitie, to be considerit be his heines, and sic as his
Grace shall appoynt; also that the saids foundatione may be sichtit,
and reformation made thereanent as effeirs.
3. Because some Jesuites are presently within this countrie, that
order may be taken with them as effeirs.
4. Because ane minister is not sufficient at all tymes to await upon
his Grace and his heines’s house, to preache, exhort, admonische,
and preserve discipline within the same; Therefore the Kirk craues
that his heines will be content to name ane uther minister within
this realme, of best qualities, to be joynit with John Duncansone,
that they may both be mutuall, await upon his Grace and the haill
ministrie of his house.
5. That because in the last conferrence, halden in Striviling be
his Grace’s command, concernyng the policie of the Kirk, certain
articles thereanent remaines yet unresolved and referred to farther
conferrence, therefore the Kirk craves at his Majestie, that persones
unspotted of sic corruptions as are desyrit to be reformit, may be
nominat be his Majestie to proceed in the farther conferrence of the
said policie, and tyme and place to be appoyntit for that effect.
6. Because the Kirk understands that his Majestie, be advyce of his
Secret Councell, directs letters oftentymes to stay the executione
of the acts of the Generall Assemblie, as also summonds ministers to
take tryall of excommunicatione pronouncit be them according to the
word of God and discipline of the Kirk, stayes the producing of the
same, as the Commissioners of the Kirk in particular will declare;
that therefore his gracious Majestie heirafter wald suffer the acts
of the Generall Assemblie to be put in executione, and namely that
excommunicatione being pronouncit, may haue the dew executione,
without controlling thereof before his Majestie and Secret Councill.
Questiones proponit be the Synodalls to the Generall Assemblie.
In respect of great inconvenients that hes ensewit, and daily does
ensew, be readers in using their office, the haill brethren hes
inhibite all readers from ministring the sacraments and solemnization
of marriage, permitting nothing unto them but the proclamatione of
the bands, simple reading of the text, desyreing ane uniforme order
to be establischit be the acts of Generall Assemblie throughout all
provinces.
Responsio: So manie readers as the Commissioners and Synodall
Assemblie findes unmeit to solemnize marriage to be inhibit be them,
in respect that syndrie brethrene besydis their ministrie hes
particular benefices, whereby the kirks where their benefices lyis
are disappoyntit of service, that ane uniforme order may be tane
that men may serve either at the kirk where the benefices lyis, or
provisione to be made for the same.
Answer: Agreit heirto.
Presbyteries wald be erectit in places where publick exercise is used
unto the tyme the policie of the Kirk be established be law. Answer:
The exercise may be judged a presbyterie.
If any aucht or may be sufferit to read within the Kirk in tyme of
necessitie, without admissioune, althoch they be elders or deacons.
Resp.: Negatur simpliciter.
If all kirks have not the same equall power to marrie on an owkday
by the Sabbath, havand ane sufficient number, and joyning preaching
thereto, as certaine particular kirks alreadie practises the same.
Responsio: It is agreit that they may marrie on feriall dayes.
What order shall be put to them that bides from the communione,
alleadging invy that they beare towards their neighbour:--the cause
thereof and uthers that neither will speak, salute, nor bear familiar
company with their neighbours, beand requyrit be the ministrie, will
not obey--oucht they to be admittit?
Responsio: Ordaynes the persones lyand under invy to be admonischit,
and the uthers not to be sufferit without reconciliatione and
testificatione of brotherly love.
What ought to be done to sic persones that after admonitione will
pass to May playes, and speciallie elders and deacones and uthers wha
beirs office in the Kirk?
Responsio: They aucht not to be admittit to the sacrament, and
specially elders and deacons.
May marriage be solemnizat any day in the weik?
Responsio: Bands being three severall Sondays lawfullie proclaimit,
the marriage may be any day of the weik solemnizat, sua that ane
sufficient number and witnesses be present.
What order shall be taken with those persones that passes to ane
popish priest to be married, their bands not beand proclaimed: shall
they be esteimit as married; and if not, what discipline shall be
usit against them?
Answer: The conjunctione is no marriage, and therefore ordayns the
persones before their particular Assemblies to be callit to satisfie
as fornicators; and upon new proclamation to be married according to
the order of the reformed Kirk, and the papist priest to be punischit.
Ordaynes the commissioners of countries and their assessors to try
within their bounds, sic of the ministrie as hes pluralitie of
benefices and offices, and to inquyre the reasons thereof, to be
reportit be them to the nixt Generall Assemblie, with their names
that bruikes the saids benefices and offices, that the Kirk may take
order for removeing thereof.
Anent the act made anent the apparell of the ministers and their
wyfis; ordayns the same to be put to executione in all poynts,
according to the tenor thereof.
The nixt Assemblie to be the secund Tuesday of July nixt to come, in
Dundie. The haill brethren present warnit thereto.
[FORTY-FIRST GENERAL ASSEMBLY.]
The Generall Assemblie, conveint at Dundie, and begune the 12th
of July 1580, where there was present the Laird of Lundie,
Commissioner for his Majestie, Commissioners of Provinces,
Townes, and Universities.
Sessio.
Exhortation made be Mr Thomas Smetone, minister of Pasley: Leitts,
Mrs Robert Pont, James Lawsone, Andrew Hay, John Duncansone. The
said Mr Thomas, be pluralitie of votes, was chosen Moderator, who
desyrit certaine brether to be appoyntit wham he would nominat to
conferr with him: Upon whais desyre, because that certaine brether
were offendit with the order of Assessors as though some tyrrannie
or usurpatione might creep in thereby, or liberty taken from the
brether, Questione was movit to the haill Assemblie if the said
order was worthie to be continued as it hes been before, or to be
rejectit as prejudiciale to the libertie of the brether; and to the
effect that all occasione of murmure may be taine away, all that wald
reasone in this questione being requyrit publickly, in fine, the
haill Assemblie concludit the said order to be good and necessar, and
to be keepit as it was before, without any hurt or prejudice to the
libertie of the brether.
The Assessors, Mrs Robert Pont, Thomas Smetone, Andrew Melvill,
George Hay, William Chrystisone, David Fargysone, John Young, Patrick
Auchinleck, Thomas Buchannan, the Laird of Braid, and John Johnstoune.
Sessio 3.
Mr John Craig, ane of the ministers of the King’s houss, presentit
his heines wryting, which was opinly read in the face of the haill
breither, with all humilitie, and praised God in his heines good
zeal. The tenor:--
Trustie and well beloved Friends, We greet you weill. We haue
direct toward yow our traist friend, the Prior of Pittenweyme, and
the Laird of Lundie, instructed with our power to that effect, for
assisting yow with their presence and councill, in all things that
they may, tending to the glory of God, and preservatione of us and
our estate; desyrand yow heartilie accept them and our good will
committit to them for the present, in good part: So, we commend yow
to God’s protectione. From our Palace of Falkland, July 12, 1580.
_Sic subscribitur_,
JAMES REX.
Sessio 4.
Forsuameikle as the office of ane bischope, as it is now wsit, and
commonlie taken within this realme, hes no sure warrand, auctoritie,
or good ground, out of the Scripture of God, but is brought in by
the folie and corruptione, to the great overthrow of the Kirk of
God; The haill Assemblie of the Kirk, in ane voyce, efter libertie
gine to all men to reasone in the matter, nane opposing himself in
defending the said pretendit office--Finds and declairs the said
pretendit office, usit and termit as is above said, unlawfull in the
selfe, as haveing naither fundament, ground, nor warrant, within the
word of God: And ordaynes that all sic persones as bruiks, or shall
bruik heirafter, the said office, shall be chairgit simpliciter to
dimitt, quyte, and leave of to the samen, as ane office whereunto
they are not callit be God; and sicklyke to desist and cease from
all preaching, ministratione of the sacraments, or wsing any way the
office of pastors, whill they receive _de novo_ admissioune from the
Generall Assemblie, under the payne of excommunicatione to be wsit
against them, qwherin if they be found disobedient, or contraveine
this act in any poynt, the sentence of excommunicatione, after dew
admonitiones, to be wsit against them. And for better executione of
the said act, it is statute that ane Synodall Assemblie shall be
halden in euery province where any wsurpit bischopes are, and begine
the 18th of August nixt to come, whereto they shall be callit and
summoned, be the Visitors of the saids countries, to compeir before
their Synodall Assemblies; and namely, the Bischope of St Androis
to compeir in St Androis, the Bischope of Aberdeen in Aberdeen, the
Bischop of Glasgow in Glasgow, the Bischope of Morray in Elgine, to
giue obedience to the said act; qwhilk if they refuse to doe, that
the saids Synodall Assemblies shall appoynt certain breither of their
ministrie to giue them publick admonitiones out of the pulpitt, and
warne them in caise they disobey, to compeir before the next Generall
Assemblie, to be halden at Edinburgh, the 20th day of October nixt
to come, to heir the sentence of excommunicatione pronuncit against
them for their disobedience; and to this act the Bischope of Dumblane
agreit, submitting himself to be reulit thereby.
As to the order to be taken with the patrimonie of the Kirk, bruikit
and possessit be the saids bischopis, the Kirk referres the reasoning
thereof to the nixt Assemblie.
Sessio 5.
Forsuameikle as, albeit there be diverse acts concludit in sundrie
Assemblies of before, to stay unjust alienatione, dispositione, and
wasting of the Kirk rents, and patrimonie thereof, be sic persones
within the ministrie as are cled with benefices; and not the less,
naither respect nor feare of God, nor reverence to his Kirk, nor
good lawes set out in the contrare, hes represt their insatiable and
cursed avarice from sic inordinat dealing, to the great prejudice
of the Kirk of God, and common griefe and regrait of all good men:
For better remeid whereof the brethren assemblit, after reasoning
and mature deliberatione in the matter, in uniformitie of votis, hes
thocht meit, and concludit, that all persons within the ministrie,
alsweell they that wsurpit the stylls of Bischops as uthers that
shall be tryit heirafter, to diminische the rents of their benefices
aither be diminution of the old rentall, be setting of victuall
for small pryce, and within the worth, or wther wayes unjustlie
dilapidating and putting away of the rent thereof, be the sicht and
judgement of the Generall Assembly, shall underly the sentence of
excommunicatione, but furder proces.
For purgatione of the Kirk from sclander: the Kirk requyrs, and
in the name of God desyres, all men, alsweill gentlemen as uthers
convenit at the tyme, if they knaw any within the ministrie
sclanderous in lyfe, unable to teache, unprofitable or curious
teachers, negligent in preaching, non-residents or deserters,
havers of plurality of benefices and offices, dissolute in manners,
havand mixt jurisdictiones, givers of pensiones out of benefices,
or receavers thereof, to give in their names in a tickett to the
Moderator, and that order may be taken with them be the Moderator and
his assessors, if present order may be had therewith, wtherwayes to
report to the Assembly.
Anent the office of Readers, that hes no farther gift of God but
simple reading of the Scriptures: The Generall Assemblie hes
concludit, after lang reasoning, that their office is no ordinar
office within the Kirk of God; and because some of the brether
movit the cause and questione, qwhither, in their necessitie or
circumstance of tyme, they should be sufferit to continow, the
disputation heirof remittit to the morne.
Sessio 7.
William Stewart, brother to the Laird of Traquair, presentit ane
wryting unto the Assemblie in name of the Earle of Lennox. Tenor
thereof:
It is not, I think, unknowen unto yow, how it hes pleisit God of his
goodness to call me be his grace to the knawledge of my salvatione
sen my coming in this land, qwhairfore I rander maist earnestly
humble thanks unto his divine Majestie; finding my voyage towards
thir pairts maist happilie bestowit in this respect: And, although I
have made open declaration of this my calling, first by my owne mouth
in the kirk of Edinburgh, and secondly by my hand wreit in the King’s
kirk at Striviling, qwhair I subscribed the confessione of my faith,
yet I fand it was my dutie, ye being generally convenit, to send
this gentleman, my cousine and friend, accompanyed with my Letter
towards yow, to make yow, in my name, ane frie and humble offer of
dew obedience, to receive your will in anything it shall please
yow, I did farther anent the accomplishing of my said confessione;
assureing yow that I shall be ready to performe the same with all
humilitie, as also to procure and advance all wther things that may
farder the glory of God and increase of his Kirke, the commonwealth
of the countrie, and of the King’s Majestie’s service at my utter
possibilitie: And so houping to be participant in all tymes coming
of your godlie prayers and favour, I salute yow maist lovingly in
Jesus Christ our Saviour. From St Androis, the 14th of July. _Sic
subscribitur_,
Your humble and obedient at all power,
LENNOX.
The Generall Assembly hes concludit that all Readers within this
realme shall be tryed and examined _de novo_ be the Commissioners
of the countries, with the advyce of their assessors, so far as
possiblie they may, betwixt and the nixt Generall Assemblie; and
so many as beis sound and travellit in reading be the space of twa
yeares, and hes not profited that they are able to be pastores and
to preache the word of God, shall be deposit from the reading be the
saids Commissioners, with assistance of their saids assessors, and
the diligence to be done herein to be reportit again to the nixt
Generall conventione of the brether. Sicklyke because Readers hes
no ordinarie office within the Kirk of God, The Generall Assemblie
declares that no simple Reader sall be capable of any benefice, or
bruik or possesse the same in tyme cuming, nor yet bruik or joy the
manss or gleib, where there is any minister actuallie serving.
The Assembly hes recommendit the executione of the King’s
proclamatione concernyng papists, unto the haill Commissioners, as
they will answer unto his heines and unto the Kirk.
It is thocht meit to be cravit of his heines, that the Kirk of God
within this realme may be restorit to the benefice, of the act
of parliament made concerning the thirds, in respect of the many
and grievous hurts qwhereby the Kirk recognises to have receavit
be the takeing away of the said act from them; Therefore it is
thought expedient the Moderator, with sic as are assessors to him
upon the articles, and, namely, upon the article of repositione and
restitutione to be presentit againe to the Kirk, and considerit be
commone advyce and consent of the Kirk.
Sessio 8.
Compeirit Mr Henrie Keir, servitor to the Earle of Lennox, and
declareit, that albeit he had lang remainit in blindness and
papistrie, it pleasit God to illuminat him and call him to the
knawledge of the trew word qwherein be his grace he is now resolvit,
acknauledging the same word to be trewlie preached and professit
within this realme, and be act of parliament established, and to
be the only trew religione of God, qwherin he is content aither now
or when the King’s Majestie’s house beis settled, with his heart to
subscryve at the will of the Kirk as they sall think best.
It is, be vote of the haill Assembly, after lang disputatione,
resolvit and concludit, that it is not lawfull be the word of God,
that ane pastor be burdenit with the charge of feeding of twa
particular flocks or mare congregationes nor ane, nor yet bear the
name or be callit pastor of moe kirks nor ane.
The Generall Assemblie of the Kirk hes statute, that the
Commissioners of Countries shall call persones who hes, after their
professione of religion within the country, declynit to idolatrie,
and now returnit within the countrie, ilk ane within their awne
bounds, before their Synodall Assemblies, and accuse them thereof: if
they be tryit to have committit the said defectione, to charge them
to make repentance thereof, under the paine of excommunicatione; and
gif they disobey, to be excommunicat be sic persones to be appoyntit
be the Synodall Assemblie to that effect, lawfull admonitiones
preceiding; and if they offer obedience and repentance, to superceid
the taking thereof, the forme of the same be advysed on the next
Generall Assembly, suspending them, in the meantyme, from the
participatione of the sacraments qwhill the said Assembly; and heirin
to report their diligence thairto, as they will answer to God--and
the same order to be observit with them that willinglie acknowledges
the said defectione, and comes and offers their repentance.
Compeirit Captaine Anstruther, and lamentit to the Kirk, that he
beand in France, and certaine years bypast had gine his bodilie
presence to the Masse, albeit in conscience he hated the same as
idolatrie, and keepit alwayes upricht mynde towards the religione
profest in this realme, and feeling grief in his conscience for his
defectione, is come to utter his repentance unfainedly for the same,
submitting him to whatsumever correctione the Kirk will injoyne him,
desyrand to be reconcillit thereto; and, in token of his sincere
meining, held up his hand as to the boutcherie and massacre of Paris,
declares he keepit the King’s ʒett of Lovar, the tyme thereof, but
past no farther.
Because some breither meaned, that the transporting of Mr Andrew
Melvill and Thomas Smetoune sould be many wayes hurtfull, and aucht
not to be permittit; at the desyre of their breither Mr Andrew Hay,
alleadgeand that he had many greit reasones privatly to propone,
if the Kirk wald agrie thereto, appoynted the Moderator with his
assessors to the heiring thereof.
Sessio 9.
Anent the act made in the last Assemblie, concerning the suspension
of Visitors from giving collatione of benefices to uthers nor serves
actuallie at the kirks where the samen vaiks, under the paines
expressed in the said act; The Kirk ordaynis the said act to stand
in full strenth, with this additione, That if any collatione or
admissione beis gine be any Visitor againes the tenor thereof, shall
be null and of nane availl; and sicklyke declares all collations and
admissions that shall be gine heirafter be any pretending the style
of bischops, shall be null in the selfe, in tyme cuming.
Sessio 10.
The Generall Assemblie of the Kirk gives full power and commissione
to their honorable and welbelovit brethren, the Lairds of Lundie,
Braid, Colluchie, Ryress, and Carltoune, Mrs James Lawsone, John
Craige, John Duncansone, Thomas Smetoune, David Lyndsay, Robert Pont,
Andrew Hay, Andrew Melvill, George Hay, Thomas Buchanan, John Brand,
ministers of God’s word; John Johnstoune, Commissioner of Edinburgh,
Richart Blyth, Commissioner of Dundie, George Elphinstoune,
Commissioner of Glasgow, or any sax of them, to passe with all
convenient diligence to the King’s Majestie and his noble Councill,
and that with dew humilitie and reverence present to his Heines and
Councill sic heids, articles, and supplicationes, as are conceivit in
wreit, and delyverit unto them be the Kirk; most humbly supplicand
and requyring his Majestie and Councill’s good answer thereto, and to
travell effectuously and with earnest suite for granting of the same;
as also, if need beis, to conferr and reasone upon every article and
petitione proponit therein; and what here beis done, to report againe
to the next Generall Assemblie.
Forsuameikle as throw a great part of this countrie, the afternoone
exercise and doctrine upon Sabbath dayes is not usit, and speciallie
to landwart, and therefore the people are not dewlie instructed in
the Catechisme and Rudiments of Religione; The Kirk hes ordaynit that
all pastors and ministers sall diligently and zealously travell with
their flocks, to conveine to the afternoones sermones, alsewell they
that are in landwart as they that are in burghs, as they will answer
to God.
It is concludit be the Generall Assembly, that in every principall
Assemblie, there shall be certaine assessors nominat to them, to
concurr with the Commissioners of the Countrie, who shall subscryve
with them in all weightie and greit matters.
Articles proponit be the forenamed Commissioners to his Majestie
and Councill.
1. First, That order may be taken with sick as puts violent hand in
ministers, or troubles them in exerciseing of their offices.
2. That they who for just cause are deposit from the ministrie may
losse alsweill their benefices as other qualified persones provydit
thereto, the Kirk may be servit.
3. That punishment may be made for sic as passes in pilgrimages to
kirks or walls; and that order may be tane with them that past to the
Holie Rude of Peblis, and sic uther places.
4. That no presentatione of benefice be directit to any persones but
sic as beirs commissione from the Generall Assembly, according to
the act of Parliament; and if any be utherwayes receavit, that their
admission be declairit null.
5. That all benefices vaikand, where ministers are plantit, be gine
to ministers serwing the cure where they vaike, they beand able
therefore; and that no presentatione gine to any wther persone be
receavit, unless the minister serving the rowmes be first found able.
6. That order be taken with Alexander Arbuthnott that the Bibles may
be delyverit according to his receipt of money from every paroche;
and to that effect that he and his soverties may be commandit be
letters of hornying for delyverance thereof, and no suspensione to be
grantit without the same be delyverit.
7. In respect of the good and godly zeall of James Lord Arrane,
alwayes schawine in defence of God’s cause and commone wealth, it
will please your heines and councill to resolve upon some good and
substantiall order that may serve both for the health and curing of
his bodie and comfort of his conscience.
8. That the Book of Policie may be establisched be ane act of Privie
Councill, qwhill ane parliament may be had, at qwhilk tyme it may be
confirmed.
9. Because there is great necessitie of a printer within the
countrie, and there is ane stranger banisched for religione, called
Vantrolier, who offers to employ his labours in the said vocatione,
for the weill of the countrie, It will plese your Grace and Councill
to take order herein, as your Grace thinks meit, and to give licence
and priviledge to him to that effect, if it shall be thocht expedient
be your Grace and Councill.
[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.
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 Moderator _hac 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, according
to 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 Hepburne to 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 Andrew Hay, 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 is _desertor
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.
[FORTY-THIRD GENERAL ASSEMBLY.]
The Generall Assembly, conveint at Glasgow, the 24 of Aprille
1581, where there was present the Commissioner for the King,
the Laird of Capringtowne.
Sessio.
Exhortation beand made be Mr Andrew Hay; Mrs Robert Pont, David
Lyndesay, and William Chrystisone, were put in leits, and the said Mr
Robert, be pluralitie of votis, was chosen Moderator. Assessors, Mrs
Andrew Hay, James Lawsone, David Lyndsay, Thomas Smetowne, William
Chrystisone, the Lairds of Braid, Downrod, and Pilrig.
Forsuameikle as, for purgatione of the ministrie from unworthie
persones that had enterit in the functione thereof, to the greit
sclander of God and his Kirk, Ordour was taken in the last Assemblie,
that all men, alseweell Barrones, Gentlemen, as uthers of the
functione of the said ministrie, sould giue up the names of the
saids persones unto the Kirk, as they will answer to God upon their
consciences, not the less be schortness and inlaike of tyme, no
greit effect followit, so that yet the sclander lyes upon the heid
of the Kirk; Therefore, yet as of before, the Assemblie requires all
men, as they tender the glory of God and the weill of his Kirk, that
they delate and giue up the names of sic persones in wreit, the
morne afternoone, that order may be taken for removeing of the greit
sclander aryses to the Kirk be sic unworthie persones.[21]
Sessio 5.
Anent the act made in the Assemblie at Dundie against the Bischops
beand, some difficultie appearit to some breither to aryse be the
word of office conteinit in the said act, what sould be meint
thereby: The Assemblie present for the maist pairt of them that votit
and was present at the Assemblie in Dundie, to tak away the said
difficultie and resolve men of the trew meining and understanding of
the said act, declareit they meanit haillilie to condemne the estate
of Bischopes as they are now in Scotland, and that the same was the
determinatione and conclusione of the Kirk at that tyme.
The Laird of Capringtoun presentit the King’s Majestie’s Letter unto
the Assemblie concernyng also ane Commission from his heines to
concurr with the Assemblie, together with certain rowes containing
the planting of the kirks, and the number of the presbytries, with
the kirks of every presbytrie, qwhilk the Kirk ordaynit to be
considerit be Mrs John Ross for Rosse, John Ines for Morray, the
Commissioners of Aberdeene for Aberden, William Chrystisone for
Merns and Angus, Duncan M‘Call for Dunkeld, Thomas Buchanan and
David Fargusone for Fyfe, John Johnstoune and Mr Adam Johnstoune for
Edinburgh, James Carmichel for Haddingtoune, George Johnstoune for
Jedburgh, the Laird of Luce for Lanerk, Androw Hay for Glasgow, John
Young for Dier, John Clappertoune for the Merss, William Duncansone
for Gallaway, and to conveine the morne at sax houres to sicht the
samen, and to report their judgement thereof to the Kirk.[22]
Mr Patrick Gallaway transportit to Perth, Mr Alexander Arbuthnott
transportit to the ministrie of Aberdeene, and ordaynit to demitt the
principalitie of the Colledge in the favours of Mr Nicoll Dalgleish.
Anent the King’s Majestie’s Petitioune presentit in wreite and
exhibite to the Assembly this day be his Grace’s Commissioners, with
the answer unto the Articles gine in be the Kirk unto his Heines, and
the copie of ane Letter to be direct to the Barrones, Gentlemen, and
Ministers, for unione and discipline of the Kirks, with the names
of the persones to be chargit to take travells therein. The Kirk,
understanding thereby the godly zealous meaning of his Majestie,
praisit God greatly, that had movit his heart to have ane care of
his Kirk; and first entering to the consideratione of the Answers
made to the Articles of the Kirk, thocht good that thir Articles be
insistit in at his Heines hand and Councill; his Honor and Councill
to be earnestly desyrit to appoynt a Judge in Edinburgh to cognosce
and judge upon injuries and wrangs done to ministers in executione
of their office, and to punische according to the qualitie of the
crymes, according to the forme of punischment to be gine in be the
Kirk; and that his Heines wald appoynt Mr John Skeene procurator for
the ministers that are so injured: 2^o, That an act of Parliament may
be made concernyng the deposition of ministers, and the causes at
lenth to be specified in this article: 3, That the benefices vaikand
be disponit to the ministers where the benefice vaiks, if they be
able, according to the meaning of them that conferred at Striveling.
Anent the King’s Petitions.
As to the first petitione concerning the forming of the Articles
agreit upone in the conferrence, The Kirk appoynts Mrs Robert Pont,
David Lindsay, John Skene, Thomas Craige, and John Craige, to that
effect. As to the second, delayit quhill afternoone; as to the 3d,
reasonable, and agreit upon: the haill rest referrit to the reasonyng
at afternoone.
The Tennor of the King’s Majestie’s Petitions gine in be his
heines Commissioners.
Instructions to our trustie and well-belovit William Cunninghame
of Capringtoune, direct be us with advyce of the Lords of our
Secret Councill.
To the Generall Assemblie of the Ministers of the Kirk convenit
at Glasgow, the 20th of Aprile 1581.
Ye shall delyver our letter unto them, and let them understand that
sic of their number as travellit with us, having desyrit of us
answer to their articles sent from the Assembly halden in Dundie, 3d
July last, We causit sum of our counsell conferr with them severall
tymes in October last, as also now of late, qwhilks all finds the
matter towards the thirds of benefices mentionat in the first of the
saids articles, as the same is there requyrit, not to be the readiest
meine, either to make the ministers assured of their stipends and
livings, or yet to make us to have any reasonable support thereby,
for reliefe of the commone chairges of our estate, there being
so great alteratione and diminutione of the rents, and so great
confusione utherwayes enterit in that matter, dureing thir 20 yeares
and mair now bypast; and that thereby their behoves ane forme and
order be prescryvit unto, mair licklie to have continuance to the
posteritie to come: To the removeing of all occasions of complaint
for the furtherance thereof, there is be commandment and advyce of
sic of our councill and the ministrie as conferrit in this purpose,
some forme drawne, how Elderschips may be constitute of a certaine
number of parochines, lyand together; small parochines to be united,
and the greit dividit, for the better sustentation of the ministrie,
and the more commodious resort of the common people to their kirks.
There is also the forme of letter of ours to be written to some of
the principall noble and gentle men, and certaine of the ministers
within the bounds of every Elderschip, to conveine, advyse, and
reporte unto us their advyce in all things requyred be us in our said
Letter, betwixt and the 24 of Junii nixt. This we thocht convenient
to communicat with yow to the Assemblie now to be convenit at
Glasgow, requyring them in our name to consider thereof, and to send
to us their judgement and opinione anent this intendit wark, and of
any thing they wald wische aither to be added or dimminished in the
forme of our Letter utherwayes, before the same shall be directed:
qwhairanent, if care and diligence shall be taken be them, as our
intention, God willing, is to doe, to the forderance thereof, as
becomes ws, We have no doubt, but God shall send fruitfull success of
our travells, to the removeing of the greit disorders and confusions
now standing for want of reformatione.
These grounds advysit weill and agreit upon appearandlie, it
shall not only really, with reasonable tyme, make the ministers
to be surelie provydit of their livings, but it shall bring the
ecclesiasticall discipline to be farre better exercisit and execute
over all this realme nor it is presentlie; it beand declarit first,
what every Presbyterie may cognosce upone; nixt, what shall be in
every Synodall Assemblie; and last, what causes shall be devolvit
to the Generall Assemblie, and what persones shall orderlie neid to
repair thereto, and to have vote therein. The reporte of thir our
Letters returning againe the sooner, it may be provydit with diligent
travells, in the good order now intendit, may take beginning at the
first day of November nixt without delay, and if our Parliament upon
any necessar occasione shall be conveinit. In the meane tyme, the
said ordour, or sa meikle thereof as shall be in readiness, may be
past and approvit in forme of law.
The second article was answerit in sic sort as we trust they were
satisfied therewith.
To answer the third article, the desire thereof must be more speciall
before it receave ane speciall answer: they have to consider in
qwhais default and negligence the persons complaint upon in their
forsaid article, remaynes unpunisched. Our answer to the first
article is sufficient, qwhill upon farder advyse it may be made more
speciall.
We doubt not also but our answer to the saxt article shall be found
reasonable upon speciall conferrence had thereanent, and that their
desyre, if it were grantit in the forme requyrit, could not but
induce inconvenients.
There is order taken anent the desyre of the sevent article.
There is same order alreadie begune for the farther help of the Earle
of Arrane, qwhilk shall be followit as occasione shall serve.
We have causit and yet will cause, the conferrence to be keepit,
for furthsetting of all things requisite, that may set fordwart the
Policie qwhill the same may be establischit be law.
Our former answers are reasonable, and no insisting has been in the
contrare in the matter sensyne.
Mairover, ye shall lat the Assemblie understand, that in the
particular conferrence bygane, syndrie matters hes beine agriet
upon in generall termes as they were talkit and put in memorie, but
yet are not put in sic forme and termes as war meit to put them
in Articles in Parliament, to be past and approvit as particular
Lawis; and therefore let the Assemblie appoynt some of their number
to extend and put thir articles in sic forme and order as they wald
wische them to be past in Parliament, specially in thir heads,
viz. That the Assemblie will cause inquyre and cause informe us of
the speciall names of the persons culpable in the faults nottit in
their last Assemblie halden at Dundie, viz. That the Bischopes
and Commissioners may be admonisched to refuse Readers the titles
of benefices vaikand since the first day of November last bypast,
although presentatione have happinit or happine to be; that the
Assemblie declare how many sufficient and weill qualifiet ministers
there is presently in Scotland, and in what place they wische them
ratherest to serve.
And that they give their advyce how the remanent kirks, whereunto
ministers cannot be had presently, may be servit, qwhill mair
ministers may be had, and that the present auld possessors of the
benefices be departit this life.
That they give us thair opinione and advyce of that portione of the
rents pertayning to the kirks before the alteratione of Religion,
qwhilk they think shall fall to us in case all benefices were now
vaikand; and in the meine tyme qwhill they be, qwhat We shall have
yearlie for the supporte of our estate and publick affaires of our
realme.
That they consider the forme and proceeding, how the taxt for the
speciall meins pairt shall be payit in tyme cuming.
As also to make us some licklie and good overture for the personages
that shall occupy the place of the speciall estate in our Parliament
in tymes cuming, after the decease of the present possessors of the
place, in respect of the greit decay of the rents thereof.
That they send us their good advyce how ane forme of Judgement may be
established, qwhill a Parliament, for calling of persones provydit
to benefices sen our coronatione, to be depryvit therefrae upon the
clauses irritant conteinit in their provisiones, for not doing their
dewties in their vocationes, but leaving their charges and medleing
with their secular benefices.
That the Assemblie giue their advyce upon the forme of presentation
that We shall giue to these to be provydit to benefices, if this
order take effect; qwhom to our presentatione shall be direct; qwhat
shall be the forme and order of the tryall; and how shall the persone
presentit be tryit, and what forme of admissione or collatione?
For ane grund thir heads are to be considerit.
That besyde the Diocie of Argyll and the Isles, of qwhilks boundes
never rentalls war yet gine up, there is in Scotland about nyne
hundred and twenty-four kirks, countand fyve score to the hundreth.
Of thir, syndrie are pendicles and small parochines, and many kirks
demolischit. Some parochines also are of greater bounds nor the
parochiners may conveniently conveine to their paroche kirks. It
lies bein thocht meit, therefore, to reduce thir nyne hundreth and
twenty-four kirks to vj^c. and at every kirk to have ane minister,
their stipend and living to be in four degrees.
Ane hundreth at 500 merks the piece.
Ane hundreth at 300 merks the piece.
Ane hundreth at 100 punds the piece.
Ane hundreth at 100 merks the piece.
Or somewhat mair or less, as it may be neir thir soumes, beneath
or above; all stipends and livings to be modified according to the
possibilitie of the rent in that place. Thir considerationes are to
be taken in, although all the benefices were presently vaikand.
Qwhair the parsonage and viccarage pension at any kirk are now
severall benefices, to be all unitit and annexit in ane, for the
better sustaining of the minister there.
Thir six hundred kirks to be devydit in fyftie Presbytries, twenty to
every presbytrie, or thereabout.
Thrie of thir Presbytries, or moe or fewer, as the countrie lyes,
to make ane diocie, according to ane forme after following, to be
considerit of.
Of thir number, certaine of the Presbytries shall be the Synodall
Assemblie, and ilk Synodall Assemblie shall appoynt the place within
that province for thair nixt Synodall.
Of persones direct from the Synodall Assemblies, shall the Generall
Assemblie consist.
Kirks devydit in quarters shall be provydit to ane man:--And if
these quarters be annexit to any uther benefices, the quarters to be
disseverit out of the provisiones of the persones to be provydit to
these benefices when they vaike.
The Kirks devydit unto Prebendaries, to be gine to the ministers as
they vaik. All benefices provydit to ministers, to be devydit the
yeir of their deceis, equallie betwixt their wyfes, children, or
executors, and the intrant minister.
Young men new come from schooles, shall only be promotit to the
benefices and stipends in the low degree; and the eldest, of the
greatest learning and judgement, to be promotit to the highest rank;
and so to ascend _gradatim_, as they shall be judgit and tryed
worthiest, from three year to three year, for the better eschewing
of ambition and avarice; and that the chairges of the greater
congregationes shall not be committit to young ministers at the
first, nor shall they be preferrit to the eldest, of greater gravitie
and judgement, at the first.
The estate of all prebendaries to be agnoscit and considerit, qwhilks
are foundit upon the teynds of the paroche kirks, and qwhilks are
temporall lands, To the effect that sic Prebendaries as are foundit
upone teynds, may accress to the living of the ministers serving
at the kirks, and the uthers to be provydit for the helpe of the
schooles in the best forme that may be devysit.
And alwayes the Laik Patronages to remaine haill and unjoynit or
provydit, except it be with consent of the patrones.
ANE FORME OF THE PRESBYTRIES AND DIOCIES.
_Orkney_, { Tingwell.
{ Kirkwall.
_Kathnes_, { Wick.
{ Dornach.
{ Striveling.
_Edinburgh_, { Lynlithgow.
{ Dalkeith.
_Hadingtowne_, { Hadingtowne.
{ Dumbar.
{ Channonrie.
_Rosse_, { Tayne.
{ Dingwell.
{ Forress.
_Murray_, { Elgen.
{ Innerness.
_Bawmfe_, { Aberdeene.
{ Innerowrie.
{ Kyncardinonell.
_Angus_, { Dundie.
{ Keremure.
{ Kethenis.
_Mernis_, { Fordonne.
{ Bernoy.
{ Perth.
_Dunkled_, { Dunkeld.
{ Creiff.
{ St. Androis.
_St. Androis_, { Falkland.
{ Dumfermling.
{ Chirnsyde.
_Jedburgh_, { Dunse.
{ Kelsoe.
{ Jedburgh.
{ Melros.
_Peblis_, { Peblis.
{ Bigger.
{ Lanarick.
_Glasgow_, { Glasgow.
{ Dumbartane.
{ Aire.
_Aire_, { Irving.
{ Mayboll.
{ Cammonell.
_Gollaway_, { Qwhitterne.
{ Kirkcudbright.
{ Drumfries.
_Drumfries_, { Penpont.
{ Lochmaben.
{ Annand.
Sessio 8.
Anent the report of the breither appoyntit to consider the platting
of the kirks gine in to them in rows, and to report their judgement
what they think meit to be reformit therein; a greit part of the
saids rows beand reproducit with their judgement qwhilk they could
presently resolve upon in sic schortness of tyme qwhill they be
farther resolvit with advyce of their countries; The haill Assemblie
thocht meet that ane beginning be had of the Presbytries instantly in
the places after following, to be exemplator to the rest that may be
established heirafter.
_The Presbytrie of Edinburgh._
Edinburgh.
Halyrudehouse.
Castle of Edinburgh.
The Wast towne of Dudinstowne.
Leith.
Restalrig.
Mussilburgh.
Natoune.
St Cuthbert.
Corstorphing.
Cramond.
Gogar.
Ratho.
Kirknewtowne.
Currie.
St Bothomes.
Hayles.
Libbertowne.
_The Presbytrie of Dundie._
Dundie.
Balumbie.
Maines.
Strethmartane.
Monoswith.
Murrois.
Logiedundie.
Liff.
Innergowrie.
Tealing.
Lundie.
Benun.
Auchterhouss.
Inchesturie.
Rossie.
Langforgund.
Foulis.
Inneraritie.
Kirkbriddoll.
_The Presbytrie of St Androis._
St Androis.
St Leonards.
Seress.
Carraill.
Anstruther.
Carnbie.
Newbirne.
Dymminow.
Kylconquhar.
Abercrombie.
Largo.
Cowper.
Auchtermoonsie.
Lewchars.
Forgownd.
Balmerinoch.
Logiemurth.
Kylmaine.
Darsie.
Kenbege.
Kylrinne.
_The Presbytrie of Perth._
Perth.
Kynnowll.
Kynfauns.
Methven.
Pittwarror.
Kynclevine.
Logybryd.
Auchtergowine.
Scoone.
Cambsmitchell.
Tibbermure.
Dumbarnie.
Rynde.
Duppline.
Abernethie.
Dron.
Arngask.
Mucarsie.
Forgundine.
Aberdagie.
Fortiviet.
Monzie.
Regortowne.
Loncardie.
Trinitiegask.
_Presbytrie of Striveling._
Cambuskenneth.
Logy.
Dumblaine.
Lycrope.
Kylbride.
Aberfull.
Port.
Clackmanan.
Tulliebodie.
Tullieallane.
Kylmadock.
Kyncarden.
St Ninian’s Kirk to be devydid.
Larbarr.
Dunnipace.
Kirk of Mure.
Kyppey.
Alvethie.
Tillicultrie.
Kylmahugo.
Leney.
Callendrech.
Airthe.
Brothkenner.
_The Presbytrie of Glasgow._
Glasgow.
Campsie.
Fintrie.
Strabrane.
Caldar.
Monkland.
Lenzie.
Ranfrew.
Inchynnane.
Cambuslaing.
Rutherglen.
Carmanock.
Bothwell.
Schottis.
Paislay.
Merines.
Neilsone.
Kilbryde.
Torreiss.
Gowane.
Blantyre.
Eistwoode.
Cathcart.
Monyabrock.
_The Presbytrie of Aire._
Aire.
Alloway.
Tarboltowne.
Barnwell.
Cumnock.
Monktoune.
St Kenockis.
Prestick.
Wchiltrie.
Auchinleck.
Mauchlen.
Gastowne.
Qwiltoune.
Cragy.
Riccartowne.
Dundonald.
Symontoune.
_The Presbytrie of Irwing._
Irwing.
Large.
Kylbryd.
Ardrossan.
Kylwynning.
Kilmarnock.
Lowdon.
Dalry.
Dunnalop.
Kilbirney.
Beith.
Kilmauers.
Prestowne.
Dreghorne.
Stevinsone.
_The Presbytrie of Hadingtowne._
Hadingtowne.
Elstarfred.
St Martine’s Kirk.
Bowden.
Sowtrey.
Bothaines.
Morhame.
Ormstowne.
Aberladie.
Gulane.
Northbervick
Paintland.
Saltowne.
Tranent.
Seatone.
Barraw.
Garwont.
Fala.
Rothinschell.
Keithhumbie.
_The Presbytrie of Dumbar._
Dumbar.
Spott.
Lyntone or Prestonekirk.
Innerweik.
Auldhamsteiks.
Coldbrandispeth.
Awld Cammous.
Qwhittinghame.
Stentowne.
Qwhytkirk.
Bass.
Auldham.
Tinnynghame.
_The Presbytrie of Chirnsyde._
Chirnsyde.
Foulden.
Mordingtowne.
Coldinghame.
Ayttowne.
Lammertowne.
Wintowne.
Fischweik.
Horneden.
Wpsettlingtowne.
Lainell.
Hirsell.
Simprem.
Hiltoune.
Qwhitsone.
Eldrem.
Bonkle.
Prestoune.
Ellana.
St Bothanes.
Dunss.
Langformagus.
Cranschaws.
Langtowne.
Foggow.
Swintowne.
_The Presbytrie of Linlithgow._
Linlithgow.
Bynnie.
Caldercott.
Caldercleir.
Strabrock.
Inchmachame.
Kirklistoune.
Auld Cathie.
Drummaine.
Torphichen.
Bathcat.
Levingstowne.
Kynnell.
Carridden.
Slamannane.
Abriecorne.
Falkirk.
_The Presbytrie of Dumfermling._
Dumfermling.
Carnock.
Innerkething.
Ressythe.
Auchterdirie.
Ballingarie.
Aberdour.
Dalgatie.
Auchtertool.
Kirkaldie.
Ginghorne Eister.
Ginghorne Waster.
Dysert.
Weymes.
Methell.
Ginglassie.
Culrosse.
Crumbie.
Torrie.
Saline.
Cleisch.
Muckart.
Dolor.
Glendovan.
And to the effect this ordour of Elderschips may be establisched in
the saids townes with the better expedient and mair convenient forme,
they have namit the breither underwritten, to take care and travells,
and to sie the same constitute betwixt and the last day of May nixt
to come, viz. For Lawthiane, Mrs Robert Pont, Adam Johnstowne, James
Carmichael: ffor Fyfe, David Fargysone, Thomas Buchanan: ffor Angus,
the Laird of Dun, Mr Chrystiesone, James Andersone, James Melvill:
ffor Striviling and Linlithgow, Robert Montgomrie, John Duncansone,
the Bischope of Dumblane: ffor Glasgow, Andrew Hay, Thomas Smetoune,
Andrew Polwart, and the Bischop of Glasgow: for Aire and Irving,
John Porterfield, John Young, John M‘Corie: ffor the Merss, John
Clappertoune, Patrick Gaitts: ffor Perth, the Minister there, William
Rynd, and William Edmestoune; Ordayning every Elderschip in the first
Assemblie to be halden, to chuse out of their numbers ane Moderator
to continew till the nixt Synodall Assemblie.
Sessio 9.
Forsuameikle as travells hes been taken in the forming of the
Policie of the Kirk, and diverse sutes made to the Magistrate for
approbatione thereof, qwhilk, albeit as yet, hes not taken the happie
effect qwhilk good men would crave; yet that the posteritie sould
judge well of the present age, and of the meining of the Kirk, the
Assemblie hes concludit that the Book of Policie agriet upon in
diverse Assemblies before, sould be registrate in the acts of the
Kirk, and to remaine therein, _ad perpetuam rei memoriam_, and the
copies thereof to be taken be every Presbytrie: of the qwhilk Book
the tenor follows:
HEADS AND CONCLUSIONES OF THE POLICIE OF THE KIRK.
[The Book of Policie, or Second Book of Discipline, has
been already so often printed, in Dunlop’s Confessions,
the Compendium of the Laws of the Church, and separately,
along with the First Book of Discipline, that it is deemed
unnecessary to encumber the present work with a reprint of it
from the Assembly’s Register.]
Anent the CONFESSION OF FAITH lately set furth be the King’s
Majestie’s proclamatione, and subscribed be his Heines, The Kirk,
in ane voyce, acknowledges the said Confessione, to be ane trew and
Christiane Confession to be agriet unto be such as trewly professe
Christ and his trew religion, and the tenor thereof to be followit
out as the samin is laid out in the said proclamatione.
Ane method of Preaching to be printed and putt in Scotts be Mr Thomas
Smeton.
Forsuameikle as Abbots, Commendators, Priores, and Bischops, provydit
of auld, under the name of Ecclesiasticall, bruiks the rents and
revenews of the Kirks, without exercising any spirituall functione
thereof, or recognoscing the true Kirk, devowring the patrimonie of
them, and daily diminisching the rents of their benefices; The Kirk
and Assembly present, hes determined and resolved, that all such
persones before named, shall be cited before the Presbyteries, to
compeir before the next Generall Assemblie of the Kirk, to submitt
themselves thereto, as they will answer unto the Kirk.
Anent Readers; Forsuameikle as in Assemblies preceiding, the office
thereof was concludit to be no ordinar office in the Kirk of God,
and the admissione of them suspendit to the present Assemblie: The
Kirk, in ane voyce, hes votit and concludit farther, that in no
tymes comeing any Reader be admittit to the office of Reader, be any
haveing power within the Kirk.
Ordaines the Commissioners of Countries to give in the names at
afternoone with the persons they think meit, to the union and
divisione of the Kirks.
Certaine appoyntit to forme the Articles agreit on in conferrence.
The advyse of the Kirk concerning the direction of Presentations,
that they be directit to the Presbytries.
To crave of his Grace for performance of the wark intendit, that
prelats be dissolvit.
Sessio 10.
Anent the place of repentance to be appoyntit to Captaine Anstruther
for his fearfull defectione from the trew religione in the parts
of France; the haynousness and gravitie of his defectione being
weill weyit and considerit, qwhilk requyrit solemne and notorious
repentance,--The Kirk hes thocht meit, and be voteing concludit, that
his repentance be made in the city of St Androis, after the forme of
discipline sett out against the apostates.
[FORTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assembly, conveint at Edinburgh, the 17th of October
1581, qwhair there was present the Commissioners.
Sessio.
Exhortatione made be Mr Robert Pont. Leitts, Mrs John Craig, Andrew
Melvill, David Lyndsay, and John Duncansone; the said Mr John, be
plurality of votis, was chosen Moderator _hac vice_, whose absence
before noone, the said Mr Robert was ordaynit to supplie. Assessors,
Mrs James Lawsone, Robert Pont, Andrew Hay, Andrew Melville, David
Lyndsay, Thomas Smetowne, Alexander Arbuthnott, Andrew Polwart, and
David Fergusone.
Sessio 2.
The Assemblie ordaynit Mrs Adam Johnstone and John Durie to pass to
the King’s Majestie in name of the Assemblie, desyring his Heines
to direct Commissioners from his Grace to see the proceedings of
the Assemblie, and continew therein; quha returning, declareit
that for sundrie affaires of Counsell he could direct nane qwhill
Thursday, and that day his Grace sould send some instructed with his
commissione.
The haill Bishops being called, nane was present but Dunblane.
Anent the constitution of Presbytries appoyntit in the last Assembly;
The persones to whom the charge thereof was committit, being callit
to giue ane account of their diligence herein: ffor Lowthiane they
had not proceidit: anent Lynlithgow, be reason that thir diverse
yeares bygane, no Exercise hes been there, besyde the inlaike of ane
good moderatour, and therefore thocht it meitest that the Presbytrie
sould have bein in Calder, where the Superintendent micht be had to
be Moderator; allwayes referrs that to the brether.
After voteing, the Kirk concludit that the Presbytrie be still
in Linlithgow qwhill the next Assemblie, and no transporting nor
change of the place of the Presbytrie, without the determinatione
of the Generall Assemblie, as lykewayes of all uther Presbytries;
admonisching also the towne of Lynlithgow be their Commissioner,
that if good concurrance be not had be them therunto, that the Kirk
wald transport the Presbytrie from them. The rest of the Presbytries
referrit to farther deliberatione and diligence.
Sessio 3.
For eschewing of sic misorder as fell out in the persones of
Alexander Mure, minister at Falkland, quha married persones divorced
for adulterie, and Alexander Foster, minister at Tranent, who
baptized ane bairne in ane priuate house, as lykewise ministratione
of the Lord’s Supper and celebratione of marriage in priuate houses;
It is concludit be common consent of the haill brethren, that in
tymes comeing, no marriage be celebrate, nor sacraments ministrat
in priuate houses, but solemnlie according to good order hitherto
observit, under the paine of deposition of the persones that wses the
said ministratione from their office and functione of the ministrie
in tyme cuming.
Sessio 4.
The Assemblie of the Kirk gives full commissione to the Elderschip of
Dundie to call the Maister of Gray before them, to give ane account
of his professione, and to give confession of his fayth, and to
proceed against him according to the acts of the Kirk, and that with
all possible diligence.
Sessio 5.
His Majestie’s Commissioners inquyrit of the Commissioners of the
Kirk, in caice the Kirk damned the office of Bischops, qwherunto alse
is annexed ane temporall jurisdiction, wherin the Kirk is servit be
voting in Parliament, assisting in his Hienes counsell, contribution
in taxations and sicklyke,--qwhat overture they wald shew, qwhereby
the King be not prejudged be the taking away of that estate?
For advysing of this head, qwhilk the Assemblie thocht very weighty
and of great consequence, they have nominat Andrew Ker of Fawdonsyde,
the Lairds of Coldenknowes, Keir, Cardoune, Segey, the Proveists
of Edinburgh and Striveling, the Commissioners of Edinburgh,
Striveling, Leith, Perth, Montrois, Mrs Andrew Hay, Andrew Polwart,
John Porterfield, William Rynde, David Fargysone, John Rutherford,
David Lyndsay, William Edmestowne, with the sax brethrene on the
conferrence.
Forsuameikle as the King’s Majestie, with advyce of his counsell,
hes sett out and proclaimit ane godly Confessione of Fayth, to
be imbraceit be all his trew subjects, and be the same expressly
giving commandment to the ministrie to proceid against whatsumever
persones that will not acknowledge and subscryve the same, qwherein
great negligence hes been seen, far by the dewtie and office of trew
pastors: Theirfore the Kirk and Assemblie present, hes enjoynit and
concludit, that all ministers and pastores within their bounds,
with all expedient and possible diligence, execute the tenor of his
Majestie’s proclamatione betwixt and the next Synodall Assemblies of
every Province, and present before the Synodall Assemblies to the
Moderator thereof, the dewtiefull diligence in this behalfe, to be
reportit to the next Generall Assemblie of the Kirk, under the paine
of deprivatione of the saids ministers from the functione of the
ministrie, that beis negligent herein.
Sessio 6.
The brethren appoyntit to conferre upon the overture to be made to
the King’s Majestie’s Commissioners concernyng Bischops, Reportit,
That after lang reasonyng, they had agreit in this far, that twiching
voting in Parliament, assisting in Counsell, Commissioners from
the Generall Kirk sould supply the place of bishops: And as to the
exercising of the ciuill or criminall jurisdictione anent the office
of bischops, the Heritable Bailies sould use the same;--referring
to the judgement of the haill Kirk to consider of their answer, if
they thocht the same meit to be communicat be the said brother to the
King’s Commissioners: qwhilk the Kirk altogether thocht meit, and
allowit the judgement of their brether.
Sessio 7.
Compeirit James Melvill, Gentleman of the King’s Chalmer, and
presentit unto the Kirk, his Majesties writting concerning tryall to
be taken of certaine words alleadged spoken be Mr Walter Balcanquell
in his late sermone against his Heines cousine, Duke of Lennox, with
credit to the bearer, who schew that in this far he had credit to
speak, that because at the last calling of John Durie and the said Mr
Robert before the Privie Counsell, upon accompt of their sermones,
offence was taken in the Kirk, therefore his Grace laments the matter
to the Assemblie, willing them to try the matter and to putt order
therein.
The words wherein the Duke’s Grace is offendit are thir; That the
said Mr Walter had spoken in pulpit, that within this four years,
Papistrie had enterit in the countrie, not only in the court but in
the King’s hall, and maintained be the tyrannie of a great campione,
who is callit Grace; and if his Grace vald oppone himself to God’s
word, he sould haue little grace. Further, concernyng the Bischope of
Glasgow, the King’s Majestie desyrit they sould stay any proceedings
against him as bischop; yet if there be any uther thing the Kirk hes
to lay to his charge, let them use their order.
Hereunto the said Mr Walter answerit, Seeing in the King’s
Majesties letter and credite gine to the bearer thereof, he is
accusit,--praying the Moderator to suffer him to give his answer
thereto; the sum quhairof schortly shall be this: First, he praisit
God that he is not accusit of any thing wherein ather civilie or
criminallie in his life or conversatione, he hes offendit the King’s
Majestie, or his laws, whereunto with all reverence and all tymes
he is readie to submitt himself as effeirs, but is accusit of these
things whilk he hes spoken publickly in the pulpit, qwherein he hes
been mair plaine in reproveing of vice then sum men can goodlie
suffer, qwhilk is a very point of his doctrine; qwhilk, howbeit, he
heir there callit open sclander, yet he man so justifie the same,
that although all the kings of the earth wald call it erroneous, yet
he is ready here be good reasone to prove it to be the very trewth
of God; and if neid sall requyre, to seall it with his blood.
Secondlie, he praises God for this, that of his last accusation,
God hes giuen this meikle victorie to this Kirk, that howbeit then
it was callit in questione, to whom the judgement of the doctrine
sould appertayne, yet as then be good reasone it was concludit
and promised be the King’s Majestie, Counsell, and Commissioners
appoyntit therfra, to conferr with the ministers in that matter, That
in all tymes cuming the tryall of the ministers’ doctrine sould be
referrit to the judgement of the Assemblie of the Kirk, as the only
competent judge thereto; so now it is performit, and for that he sies
that promise now keepit, he thanks God, and is so meikle the more
glad to give his answer before their godlie wisdomes of the Assemblie
present, as his competent judges in this matter, and that after this
manner. As concernyng these things qwhilks he spake in his sermon the
last Wedensday, he spake them not quyetlie, but all his breither and
all the haill Assemblie heard them, and so, of all wthers, can best
judge of the same. Wherefore, with all reverence, he will submitt
himself simply unto their godly judgements, alwayes neither being
aschamitt of his doctrine, neither yet being myndit to giue advantage
to his enemies, so far as he may, whose purpose he knaws against
him in this matter. He will only requyre this conditione,--that the
canone of the Apostle Paul be keepit to him, qwhilk is this: Against
ane elder receiue no accusatione, but under two or three witnesses;
according to the qwhilk forme of proceeding, he craues in this matter
here.
Are ye, the Assemblie of the Kirk, as competent judges unto him? Here
is he ready before your Wisdomes to answer to all accusationes that
sall be layd against him, and underly your judgments therunto. Let
any man, therefore, according to the canone of the Apostle, qwhilk on
no wayes ye can break, stand up here before yow, and say he hes any
thing to accuse the said Walter off, either in lyfe or doctrine, and
hes two or thrie witnesses readie with him to prove his accusatione:
then the said Walter shall answer him as effeirs; for seeing James
Melville heard not his doctrine, and therefore will not take upon
him to accuse the said Mr Walter, he will superseid farther answer,
qwhill he sie his accuser qwhatsumever, to qwhom be the grace of God
he sall be ready to answer as accords.
The Assemblie ordayns Mrs Thomas Smetone and Dauid Fargysone to passe
to the King’s Grace with this answer;--That seeing Mr Walter is ane
brother in the ministrie, the canon of the Apostle must be keepit
unto him; and therefore the accuser, with his two witnesses, ocht to
be had. Farther, that in respect of the last calling of John Durie
before the Privy Counsell, upon ane compt of certaine words alledgit
spoken in his sermone, ordour was taken be certaine Commissioners
of Counsell and brether of the Kirk, that in case such accusationes
afterwards should fall out in the Kirk, sould haue the judgement
thereof; and if the King’s Majestie please to send any Commissioners
to be present at tryell, they sould see the proceedings of the Kirk;
Therefore desyres his Majestie to send Commissioners to sie this
matter tryed, seeing the Kirk is most willing to try the same.
Sessio 9.
Anent the establishing of Presbyteries, the Kirk assemblit hes
nominat certaine brether to travell diligently in erection of
Presbytries, as they shall be severallie devydit, betwixt and the
next Assemblie; and ordayns their brother, Mr James Lawsone, to penne
the forme in proceeding in erectione thereof, that the brether being
informit of the order, may uniformlie proceed therein. For Falkland,
Mrs Walter Balcanquall, Patrick Adamsone, my Lord Rothes, Balvaird
and Creich.
Sessio 10.
Articles qwhairof Mr Robert Montgomrie, minister at Striveling,
was openlie accusit in the Generall Assemblie, anent his
doctrine.
1. That publicklie preaching in the kirk of Striveling, he proponit
a questione touching the circumcisione of women, and in the end
concludit, that they war circumcisit in the foreskin of their
forehead.
2. In Glasgow, he openlie taught that the discipline of the Kirk is
a thing indifferent, and may stand this way or that way.
3. He accused the ministers that they used fallacious arguments and
captious, and that they were curious braines.
4. So far as he could, he travellit to bring the originall languages,
Greek and Hebrew, in contempt, abuseing thereto, the words of the
Apostle, 1 Corinth. 14--and tauntinglie askit in what schoole were
Peter and Paul graduit?
5. To prove the corrupt state of bischops in our tyme, he brocht
furth the examples of Ambrose and Augustine.
6. It is sufficient to baptize in the name of the Father only, or in
the name of the Sonne, or in the name of the Holy Ghost, because they
are all one God, and to that effect alleadgit 19 of the Acts.
7. The matters of Discipline and lawfull calling in the Kirk, he
callit trifles of policie.
8. He accused the ministrie of seditione and leise Majestie, saying,
exhorting them not to be seditious, nor meddle with hie matters, to
leave off, to put on crownes and off crownes, for if they medlit any
farther therewith, they wald be reprovit.
9. He condemnit the application of the Scripture to the particular
manners and corruptions of men, mockingly asking, in what Scripture
they may finde a bischope for a 1000 pund, horse, corne, and pultrie,
and when they teache of luife, how cold they fund Judas?
10. He oppugnit the doctrine of Christ, quho pronounces that the most
part are rebellious and perische.
11. He denyed, that in the New Testament any mentione was made of the
Presbytrie or Elderschip.
12. He accusit the ministers of pasquils, of grudging and murmuring,
of trouble and confusione, of lying and backbyting, saying, where is
it? who will do it? what fault can they find with the Court? As for
myself I find nane.
13. The Kirk being traducit be pasquilles and infamous libells,
not onlie purgit he not the Kirk or himselfe thereof, having good
occasione, but rather approvit the same.
14. He used his preaching against the ministrie, the very words of
the lybell that was cast in the King’s chamber against them.
15. This quarter year bygane, he hes been negligent in doctrine,
discipline, and assisting of the Elderschip.
Sessio 12.
Heads referrit from the Synodall of Lawthian to the Generall
Assemblie.
1. First, That ane universall order be taken and made be the Generall
Assembly, for excommunicatione, tryall, admissione, and ordination of
ministers.
2. To inquyre what persone of the ministrie shall designe gleibs and
manses; and seeing that the Synodall Assemblie of Lawthiane hes
thocht good that every Presbytrie sall direct some of their oune
number, to designe gleibs and manses within their awne bounds, we
crave the consent of the Generall Assemblie that the same may be
universall; and, where there is no presbytrie, to appoynt who shall
designe the same.
3. Qwha shall await upone the plat for modifieing of the ministers’
stipends.
4. Qwhat answer shall be gine to the King’s Majestie concerning the
union and disiunctione of Kirks.
5. That ane uniformitie be used for summonding of persones before the
Presbytrie, and proces that is to be led before the same.
6. To suit that the tryall and admissione of all masters of schools
be now joynit to the Presbytries.
7. Seeing we of the Synodall of Lawthiane, hes agreit that
disputationes sall be every day of the exercise in every Presbytrie,
and speciallie upon such articles as are in contraversie betwixt us
and the Papists, for avoyding of negligence of ministers, and to
the end we may the better withstand the adversar, that the Generall
Assemblie will appoynt the forme thereof.
8. What order shall be used with Ministers and Readers that setts
their gleibs and manses, as ye oversie the same.
9. That ane article be suitit be the Generall Assemblie at the
Parliament, that all marriages without consent of parents,
proclamations of bands, or utherwayes without the awne solemnities
according to the order of the Kirk, be decernit null.
10. To crave that ane act of Parliament be made against them that
pass in pilgrimage, and uses superstitione at wells, crosses,
images, or uther Papisticall idolatrie, or observes feasts and dayes
dedicated to Saincts, or setts out beanefyris for superstitione.
11. Seeing the act of Parliament appoynts them that are convict of
notorious adulterie, and throw the ambiguous expositione of this word
notorious, no execution is used thereupon; therefore, for avoyding
the plagues of God hingand above this haill countrie for this cryme,
That the Generall Assemblie wald crave that ane act be made in
Parliament for punishment of all persones to the death, whosoever are
lawfully convict of adulterie.
12. Seeing ane act of Parliament is made anent discharging of mercats
upon the Sonday, and no executione hes followit thereupon, qwherthrow
the people absenting themselves from the Kirk, and waiting upon
the mercat, continews in ignorance, and be these means, Atheisme
increases, desyre that sum order may be taken in this Parliament--The
execution of the said act, that sum punischment may be appoyntit
againes the magistrates that puts not the same in executione,
notwithstanding any private dispensation in the contrarie.
13. That ane act of Parliament be made for provisione of gleibs and
manses to such ministers as teaches at Abbay Kirks, lyke as they are
provydit for others.
14. Because there is ane act of Parliament that all Presbytries and
prebendaries shall be gine to scholers to hald them at the schools,
and it is of veritie that there is verie many of these sorte that
is of cure of saules and paroche kirks, nottheless, be reasone of
the act of Parliament, they are gine to courteors; therefore we
desyre that there be ane act of Parliament, that all presbytries and
prebendaries that hes cure of saules, may be gine to nane but to
ministers, and that if any be gine, to be null in all tyme cuming.
Sicklyke, Prebendaries foundit to schools and masters teaching the
same be gine, conforme to their foundatione, to schoolmasters for
instructing the youth; and if the same be disponit wtherwayes, the
dispositioune to be null.
Answers made to the saids Headis.
Anent the first article the Kirk hes ordaynit William Chrystesone,
Mrs Andrew Melvill, Thomas Smetowne, Alexander Arbuthnott, and James
Lawsone, to consider the ordinar and extraordinar houres, and to
report their judgement to the Kirk, and Mrs Andrew Hay and Nycoll
Dalgleische to assist them.
As to the second, the first part is agreit upon; and qwhair
Presbytries are not yet, nor cannot be erectit, the Commissioners
qwhilks were before appoyntit to remaine Commissioners yet to that
effect.
For satisfying of the third, the Kirk hes nominat the Commissioners
underwritten, viz. The Commissioners of Orknay and Zeitland.
For answering to the fourth concerning the King’s Letter, ordayns the
Clark Register to be consultit upon the answer.
To the fifth, referrs the forme thereof to be conceivit in wreit be
Mrs David Lyndsay and Patrick Adamsone betwixt 6 and 9.
As to the saxt, agreit to be proponit in article to the Parliament.
The 7. referrit to the Elderschips, and allwayes where thir
disputationes may be had, the Kirk thinks them good.
For answer to the 8, the acts of the Assemblie to be put in
executione against such persones be the Elderschips.
The 9. Ordaynes this article to be cravit at the Parliament, beand
first well qualifiet and presented to the Kirk.
The 10 sicklyke--11 agreit--12 sicklyke; and the Kirk to proceed
likewise against the violators of the Sabbath day and maintainers of
them. The 13 and 14 agreit.
Sessio 12.
Forsuameikle as be the great and many divisiones and deidlie feids
rysing in all the quarters of the realme, not only is the word of
God and trew Religione burdenit with sclanders, but also the commone
weill enormlie woundit and hurt, discipline and all good order
confoundit, brotherlie charitie and amitie aluterly contemnit, to
the grief of good men’s consciences: Heirfore the Kirk hes injoynit
to their lovit brether John Durie, Mrs David Lyndsay, Andrew
Polwart, Andrew Hay, Thomas Smetoune, the Ministers of Aire and
Irvine, to travell in the Wast; James Lawsone, John Braid, David
Lyndsay, to travell betwixt my Lord Gowrie and Olyphant; the Lairds
of Culluchie, Kynnaird, the Baillie of Arroll, Patrick Adamsone,
William Chrystisone, and Mr James Balfour, to travell in Angus,
betwixt my Lord Crauford and Glames, and effectuouslie interveine for
reconcileing of the saids pairties and uthers falling out in all thir
quarters: requyring them, in the name of God and of the haill Kirk,
to live in unitie and peace with uthers as brether and members of one
body, and not to giue occasione, be their divisione, of sclander,
and open the mouthes of the enemies, to burden the evangell with
calumnies, as they will schaw themselves the sonnes of peace.
Sessio 13.
The Kirk, both for provisione of St Androis and uthers burghs wanting
pastores, hes nominat certaine brether, out of qwhais number so many
shall be electit, to be placeit in the saids roumes qwhais names
follows: Mrs James Greig, Alexander Hoome, William Rynd, George
Hay, George Patersone, Gilbert Gardine, Alexander Denmure, James
Hammiltone, James Melvill, James Balfoure, John Knox, David Lyndsay,
Thomas M‘Gie, Michael Cranstowne, James Andersone, and William
Auchmoutie, Ordayning the breither that knawis any uthers persones
qualified of the ministrie, to giue in their names afternoone.
Anent the corruption of Burialls within the towne of St Androis; the
Assemblie hes ordaynit Mr Patrick Adamsone, to put the act of the
Kirk to executione against the persones that hes contraveint the same.
Sessio 14.
The haill brether are admonisched to observe the act made alreadie
anent the marriage of pairties divorcit for adulterie, under the
paine therein conteint, qwhill the questione be fullie resolvit, upon
the advyce and consent of the haill Kirk.
Sessio 15.
Anent the desyre of Mr Walter Balcanquall, minister of Edinburgh,
desyrand, that according to the King’s Majestie’s directione to
the Kirk, his accusatione may be lawfullie tryit, and his accuser
and witnesses brocht before; or else, seeing he spak nothing but
publickly in face of the haill brethren, that they sould giue their
judgment and determinatione in the matter, submitting him reverently
unto their wisdomes.
The Brethren present, ordayned Mrs David Lyndsay and Thomas Smetone
to pass to the King’s Majestie, and schaw their good will to haue
the matter tryed conforme to his wreiting; desyring his Grace for
that effect, that the accuser, with his two witnesses, be brocht
before the Kirk, as also if it be his heines pleasure to send some
Commissioners from the Council, to sie the matter rightly judgit and
proceedit in be the Kirk.
Anent the supplication gine in be John Craig, appearand of
Ramuscraig, and Agnes Irving his spouse, desyrand that the
Commissioners of Edinburgh sould be requyrit to superceid the
cause of Barbara Keith against them before the said Commissioners;
the saids Commissioners being present, the Kirk requyrit them in
this particular, as also in uther things that appears to towch the
Jurisdictione of the Kirk, that no wayes they proceid qwhill they
conferr with the Prior of Pittenweyme, Mrs Robert Pont, Alexander
Arbuthnott, who sall concurre with them the morne at nyne houres, and
reasone both anent their jurisdictione and the jurisdictione of the
Kirk, that neither of them usurp uthers jurisdictions; and herein
to report their judgement to the Kirk; requestand also the saids
Commissioners, that dureing the dependance of this conferrence, no
farder be proceeded in the said cause; unto the qwhilk conferrence
the said Commissioners agreit.
Sessio 16.
The Brethren direct to the King’s Majestie and Councill, reportit,
that be reasone of the greit affaires of the King and Counsell, they
could gett no answer of such things as they were direct for.
Sessio 17.
The Kirk consentit to the supplicatione of Alex^r. Borthwick,
minister at the kirk of Livingstone, quho being an actuall minister
and of meine literature, humbly desyrit the Kirk to grant him licence
to gang to some universitie within this countrie, where he may study
theologie, and haue sum kirk near adjacent to travill there in the
ministrie; in the meane tyme so meikle the rather as he hes obteinit
leave of his flock quho may at this tyme be easilie provydit.
Ordaynes Mr David Lyndsay to passe to the Session of Edinburgh,
and desyre them to declare, if they, or any of them, fand any
errors, sclander, or offence in the sermone preached be Mr Walter
Balcanquall, upon Wodensday was aucht dayes.
Sessio 18.
Anent the accusatione gine in be Mr Androw Melvill, Principall of the
new Colledge of St Androis, against Mr Robert Montgomrie, minister
of Striveling, and his answer made thereto _verbo_ before, and gine
in this afternoone in his name; the Kirk being resolvit therewith,
admitts to the said Mr Androw his probatione, the contents of the
saids articles, assigning to him the morrow to prove the samen: And
ordaynes the officer of the Kirk to warne Mr Robert to compeire
the morne, at ten houres, in the Assemblie, to hear witneses and
probatione recevit.
The haill Assembly being of good mynde, and well affectionat to try
the poynts of the accusatione gine in be James Melvill, Gentleman of
his Majestie’s Chalmer, in name of the Duke of Lennox; and haveing
diverse tymes travellit with his Majestie that the Rules of the
Apostle sould be keepit to their brother, and the accuser, with
his two witnesses, brought before; as likewise, that his Majestie
wald direct some Commissioners from his Counsell, to understand
herein the just proceedings of the Kirk; qwherin sieing no effect of
their suit, yet, for satisfactione of the King’s Majestie’s Letter,
and removing all the sclander that may aryse heirby, first direct
certaine Commissioners from the haill Assemblie unto the particular
Kirk of Edinburgh, qwhereof the said Walter is minister, Requyring
of them, if, in the said sermone, qwhilk was made upone Wedensday
was aucht dayes, they or any of them had fund, or finds, any word
spoken qwhilk was erroneous, sclanderous, or offensive; qwhais answer
being reportit be ane brother of their Sessione, that they had heard
nothing spoken be him therein that was either erroneous, sclanderous,
or offensive, but good and sound doctrine, qwhereof they desyrit the
approbatione of the haill Kirk conveint: The haill Assemblie, voting
particularly in this matter, but any contradictione, Declareit that
they nor nane of them fand or finds any fault in the said sermone,
nothing spoken therein that conteint either error, sclander, or just
offence, but solide good and trew doctrine; praysing therein God, and
justifying their brother of that accusation qwherewith he is chargit.
Sessio 19.
Anent the jurisdictione of the Commissariot of Edinburgh, and wherein
they medle with the jurisdictione of the Kirk; seeing the matter
hes taken sum reasonyng betuixt the brethren appoyntit, and the
Commissioners, and farther reasonyng yet requyrit; The Kirk ordayns
Mrs David Lyndsay, Robert Pont, James Lawsone, with the Prior of
Pittenwyme, to travell in the conferrence of this matter, as also
upon the particular of Barbara Keith, with sic diligence as is
possible, and to draw the reasonyng to sum poynt, qwhereof the Kirk
may be informit at the next Assemblie.
Sessio 20.
The brethren sent to the King’s Majestie with the articles of
accusatione gine in against Mr Robert Montgomrie, returnit his
Majestie’s answer: that he had received them very thankfullie, and
was content that the accusations proceeded against him, as minister:
farther, that in the heads of religione, he agried from his heart
with the Kirk of Scotland, albeit in sum heads of policie he was not
yet resolvit.
The General Assemblie giues their full power and commissione
to the richt honorable and their belovit brether, the Laird of
Braid, Andrew Kerr of Fawdonsyde, Mr Thomas Craig, advocat, and
John Johnstone, Commissioners of Edinburgh, the Provest of Dundie,
Alexander Scrymgeour there, Alexander Rutherfurd, Commissioner of
Aberdeen, Henrie Adamsone, Commissioner for Perth, Robert Lichtoune,
Commissioner for Montrois, the ministers of the King’s houss, the
ministers of Edinburgh, Mrs Robert Pont, David Lyndsay, Andrew Hay,
Andrew Melvill, Thomas Smetoune, Patrick Adamsone, George Hay,
David Fargysone, Adam Johnstoune, James Carmichaell, John Braid, or
any aucht of them, to present to the Lords of the Articles of the
Parliament, such heads, articles, and supplicationes as are gine to
them be the Kirk.
The Kirk ordaynit Mr Andrew Melville to produce his witnesses in his
accusatione against Mr Robert Montgomrie, qwho instantly producit Mr
Robert Darroch, minister of Drume, Mrs David Weymes, John Craige,
Patrick Adamsone, John Howstone, John Wright, Thomas Buchanane, and
James Carmichael. All thir witnesses being sworne and admittit,
The Kirk, notthelesse, that the said Mr Robert sould not think
him defraudit of any lawfull defence in his absence, reservit any
objectione he hes against the persones of the saids witnesses, in
caice he come upon Munday at ten houres; and ordaynit the said Mr
Robert, because of his departing off this towne, to be instantly
examinat be David Fargyson, William Chrystesone, Mr James Balfour,
the Lairds of Fawdonesyde and Carletowne, Mr Paul Fraser, or any
thrie of them; and his deposition to be put in wreit, and reportit to
the Assemblie; and as to farther probatione, if the said Mr Andrew
will take any uther tyme, ordaynit him to warne Mr Robert therto.
Sessio 21.
Anent the provisione of the Kirk and St Androis of ane pastor, the
Kirke hes thought it meit that the pryor and towne of St Androis
nominat such ane of the brethren whom they have best lyking of, to
serve the cure, and to propone him unto the ministers of the King’s
house, the ministers of Edinburgh, Mrs David Lindsay, John Braid,
Mr Adam Johnstone, David Fargysone, Mr Andrew Melvill, William
Chrystesone, the Lairds of Braid, Pilrige, Collwchie, and Lundie,
to whom, or any aucht of them, the Kirk gives commissione to give
assent in their name thereto, and to place him there, provyding they
find no lawfull impediment that may stay their placing there, or
that they be not ane of the colledges qwhome the Kirk exeims, for
considerationes, therefrom: And sicklyke, that with their advyce, the
minister presentit may be sufficiently provydit, as also his kirk
qwhairfrom he is taken be also staikit.
Sessio 22.
Ordaynes ane supplication to be made to the King’s Majestie and Lords
of the Articles, that no acts be past in Parliament repugnant to
the trew word of God, and namely concerning bischops, with scharp
admonitiones therein, to be pennit be Mrs Thomas Smetowne and Andrew
Melvill, and the samen to be presentit with the articles the morne,
at aucht houres, be Mrs James Lawsone, David Lyndsay, Andrew Melvill,
Andrew Hay, Thomas Smetowne, and Johne Braid.
Sessio 23.
The Assemblie giues full power and commissione to the presbytrie
of Striviling to summond Mr Robert Montgomrie, minister there,
before them, and to try and examine his lyfe and conversatione; and
accusatione, to be gine in thereanent, with all possible diligence;
and what they find therein, to report to the next Synodall Assemblie
of Lawthiane, to qwhom the Assemblie gives power to proceed against
him, according to the tryall of process deducit before the said
presbyterie, under the pain of disobedience: Sicklyke, charges
the said Mr Robert to continew in the ministrie of the kirk of
Striveling, and not to medle with any uther office or functione in
the Kirk, namely, in aspireing to the bischoprick of Glasgow, against
the word of God and acts of the Kirk, or to vex any of his brether
with his admissione thereto, under the paine of excommunicatione
to be led against him: whereunto if he disobey, as after tryall
taken of his disobedience be the said Presbytrie, the sentence of
excommunicatione to be execute be them, with advyce and concurrence
of John Durie, David Fargysone, John Duncansone, and John Dykis, and
this charge to be intimat be the Moderator of the Assemblie to the
said Mr Robert, that he pretend no ignorance thereof.
The Articles and Supplicatione to be presentit to the King’s Majestie
and Lords of Articles, were read and allowit; the tenor whereof is
not sett downe in the originall.
[FORTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assembly, conveint at St Androis, in the New
Colledge Schools, the 24 of Apryle 1582, where there was
present the Commissioners.
Sessio.
Exhortatione made be Mr John Craige. Leitts, Mr Andrew Melvill,
David Lyndsay, and David Fargysone: The said Mr Andrew, be plurality
of votis, was chosen Moderator _hac vice_; at qwhais desyre Mrs
John Craige, James Lawsone, Andrew Hay, David Lyndsay, Robert
Pont, Thomas Smetowne, Andrew Polwart, Thomas Buchanane, Patrick
Adamsone, my Lord Rector, the Lairds of Lundie, Merchinstoune, Braid,
Pilrige, Elphinstoune, Patrick Kynnynthmond, and John Johnstoune,
Commissioners of Edinburgh, were nominat Assessors.
Sessio 2.
Anent Falkland Presbytrie being at thrie ministers, qwhairof ane was
fund sclanderous; it was answerit, that the brethren could establish
no Elderschip there, bot they thocht meitest, qwhill God increased
the number of preachers there, that their resort sould be to St
Androis, if the Assembly thought it expedient.
The Assembly ordaynes these of Falkland, be-east Levine, to resort to
St Androis; and these be-west to Dumfermling, unto the tyme it please
God to giue commoditie of ministers and elders, that they may have
their awne Elderschip.
It was reportit to the Assemblie, that ane Elderschip is begune
already in St Androis, of pastors and teachers, but not of these that
hes the cure of teaching.
Sessio 3.
Forsuameikle as, notwithstanding of many diverse godly acts
and proclamations sett out be the King’s Majestie, as acts and
constitutiones made be the Kirk against Papists resorting within
this countrie from beyond sea; yet, from tyme to tyme, there arryvis
syndrie professing plain papistrie, be moyen of the maisters and
owners of schips receiving them in their vessels, and transporting
them in thir pairts, unknawne either to magistrate or Kirk;
wherthrough no just tryall could be had of them: For remeid thereof
the haill Kirk hes votit and thocht meit, that in tyme cuming, all
masters and awners of schips arryving within whatsumever port of
this realme, strangers and passengers shall, immediately after their
arryvall, present their names to the Magistrate and Sessione of the
Kirk of the townes and ports where they arryve, to the effect that
the knawledge may be had if they haue inbrocht any papists, under
the paine of excommunicatione and censures of the Kirk to be execute
against them; and this Act to be publickly intimat to the ministers
of the saids townes and ports,--to the effect that no ignorance be
pretendit heirof; and suchlyke, supplicatione to be made to the
magistrates of the saids townes and ports, that they will giue charge
and commandment to all masters and owners of schips within their
bounds, to receiue no papists within their schips, to transport to
this countre: and in caice any be receivit, to present their names
immediatly after their arryvall unto the said Magistrates and Kirk,
that order may be taken with them, under such strait paines and acts
as they can best devyse; as they will declare themselves zealous of
God’s glory, and promoters of the word of his Sone Jesus Christ.
Sessio 4.
The Kirk ordayns the Elderschip of Dumfermling to call before them,
Robert Aytowne of Inchbervy, to giue confessione of his faith;
and if he refuises, to proceed against him conforme to the King’s
proclamation and acts of the Kirk.
Forsuameikle as the Kirk understands, that there is certaine papists
in Camphier, that not only troubles the congregatione of the
Scottishe natione, but also the Fleymingis, and will not submitt
themselves to the censures of the Kirk, be reasone of their alleadged
priviledges: heirfore the haill Kirk of Scotland, in ane voyce,
gives their full power and commissione to the minister of Camphier,
to proceid against them, as they ought to doe therein themselves;
requestand also the Conservator to hold hand unto the Kirk, that
order may be had against them.
Sessio 5.
Mr Mark Kar, my Lord of Requests, presentit ane letter to the
Assemblie from His Majestie, the substance whairof is conteinit in
the Articles after following.
Articles from his Majestie.
1. Qwhither think ye that all benefices under Prelacies, newlie
provydit since the King’s corronatione, sould pay any thrid, or no
thrid?
2. If some sould pay thrids, and some nane, what shall be the
difference?
3. Should not all benefices presentit to Ministers and Readers before
the first day of November 1581, be allowit in their year’s stipends
from the same day of the first day of November 1582; and if ye
think that there shall be any difference be reasone of the annat or
utherwayes, that ye declare it?
4. Should not all persones presentit and admittit to benefices in
this tyme, be placed in the book of Modificatione, as Ministers or
Readers, the kirks belangand to the same benefices?
5. Aucht such, being ministers, as hes sufficient ecclesiasticall
livings of their awne, be reasone of benefices qwhairunto they are
provydit for their lifetymes, take stipends to serve at uther kirks?
6. Think ye it not convenient, that the Reports answering to the
King’s Majestie’s letter, send over all the realme this last
summer, shall be sein and considerit at this tyme, for the better
understanding of the estates of the kirks, and to see how many of
the same reports are in your awne hands, for so many as the Clerk of
Register hes shall be readie and patent?
7. That ye latt us wnderstand what ye haue thocht meit and concludit,
anent the Readers in generall, and speciallie Readers that are
presentit to viccarages for their lyfetymes?
8. Think ye it reasone, that any presentit to the title of a
benefice, and serving as minister and reader at the only kirk
belonging to the same benefice, shall haue any manner of allowance or
stipend nor the rent of the selfe same benefice?
9. What think ye most readie and possible to sustaine the colledge
kirks?
10. To qwhom think ye the King’s Majestie and the lawit patrones
sould direct the presentationes for admitting qualifiet persones
to such benefices as shall happen to vaike, be the deceiss of the
present possessors of them, and that ye will name the persones in
speciall?
11. Seeing the dearth of victualls maks great inequalitie of
stipends, some haveing victuall allowit for ane mark or xx. shilling,
and uthers of that silver assignit to them, constraint to buy at 5
or 6, or sumtymes 7 merks the boll; were it not agrieable to equitie
that all ministers had their proportionall part of victuall and
money, or else that the victuall sould be sauld or allowit at the
hyest pryce, qwherthrough such as hes small stipends may be the
better augmented?
Answers to the Articles.
1, 2. To the first and second: before they be speciallie answerit,
it is thocht meitest, that there be ane forme of assignatione made
be some to be appoyntit thereto, betwixt and the next Assemblie,
to all kirks and ministers that are licklie to stand and continow,
respectand the answers and advyce sent out of everie countrie, and as
if the present possessors were dead; and that chairges be direct to
such as hes not sent their answer, to send them with expeditione.
3. It is thocht meitest that the intrant to any benefice shall enter
and serve the cure of the kirk thereof, at the next first day of
November, after his admission at the next Whitsonday, and shall have
no farder stipend for this year, but the taxt or superplus, as it
falls; because his executors will fall alse meikle at his deceiss,
according to the ancient order of the annatt: and that diligence be
done to gett rowis of all benefices taxt; and qwhatever benefices are
not taxed, the rents thereof the first year to be devydit equallie
betwixt the executors of the defunct and the intrant; qwhilk intrant
shall only have the half fruits of the year of intrantie, and
sicklyke of the stipends.
4. We think nane sould be placit in the book of modificatione but
worthie and qualified persones; and if any be presentit or admittit
to benefices since the King’s coronatione, that are unworthie or
unable to discharge their dewtie, that they be callit and depryvit,
be such order as shall heirafter be condescendit upon.
5. For the generall, we think that such being ministers, as hes
sufficient livings of their awne, be reasone of benefices qwhereunto
they are provydit for their lyfetymes, sould not take stipends to
serve at uther kirks, without great necessitie seen and allowit
be the General Assemblie; and upon the speciall knawledge of the
persones that are not able in this head, order shall be taken to
reforme them as appertayneth.
6. We think this thing most necessar and agrieable to that qwhilk is
appoyntit in the answer to the first and secund articles.
7. This article shall be speciallie answerit, how soon it may be
advysed be the Generall Assemblie.
8. Upon the sicht of the forme of the particular assignation to be
made, and what particular causes shall fall under this rule, We shall
give our speciall answer heirunto, qwhilk is concludit, and will
depend upon the answer to be made to the first and second articles.
9. We cannot but think it reasonable, that the Colledge Kirks be
also weill provydit of ane minister as wther kirks; and thinks, that
in making new assignationes for the next year, the ministers of the
Kirks of the Colledges, sould be assigned for his stipend upon the
fruits of the same kirks, alseweill being assignit to the help of the
Colledge wtherwayes, or then the Colledge to haue the rents of the
kirks as before, and the minister to haue his assignatione utherwayes.
10. The presentation to be directit to the Commissioners of the Kirk
within whais bounds the benefices lyes.
11. This matter is weightie, and touches manie, and cannot be weil
answerit be us, without the advyce of the Assemblie, to qwham it
shall be proponit, and thereafter resolute answer given.
As the examination and admission of Ministers within this realme is,
be act of Parliament, ordaynit to be in the power of the kirk, now
openly and publickly professt within this realme, so it is thocht,
that the deprivatione of ministers is in the power of the same kirk,
and them that admitts and examinats them, ministers.
Towards the deprivatione of Bischops admittit since the King’s
coronatione: it is thocht meit that the same be lykewyse in the power
of the Kirk, and them that examinats, elects, and admitts Bischops,
and the same deprivatione alseweell to extend from this functione
of the ministrie as from the benefice itself and fruits thereof,
qwhairthrough the same may be declaired vacand, and to be presentit
and conferrit of new, as if he were naturallie dead.
Causes of deprivatione we take it to be--heresie, papistrie, common
blasphemie, perjurie, adulterie, fornicatione, incest, slauchter,
theft, common oppression, common drunkenness, wsurie against the
lawes of the realm, nonresidence and absence from his flock and
office be the space of fourtie dayes together in ane year, without
lawfull impediment allowit be the Generall Assemblie; pluralitie
of benefices provydit sen the King’s coronatione, to be cause of
deprivatione from them all except ane, that the possessors will
astrict themselves to make residence at the same; dilapidatione of
the rents of benefices contrare the act of Parliament; simonie: For
the forme of deprivatione, ane lybellit precept on fourtie dayes
warning within the realme, and within sixty dayes being without the
realme, to be direct to the Kirk and such Commissioners thereof,
as elects and admitts the persone complaint on--summonding him to
compeir and answer upon the complaint; and, in caice of his absence
at the first summonds, the second to be directit upon the lyke
warnyng, with certification if he failzie, the lybell shall be
admittit to probation, and he shall be haden _pro confesso_. Efter
the decreit gine, if the persone against qwham it is gine think
himselfe wrangouslie grevit thereby, it shall be leisum to him to
interpone appellatione to the next Generall Assembly, and intimat
the same within ten dayes, utherwayes the decreit to receive present
executione.
Sessio 6.
Anent the questione moveit to the Assembly, If the Generall Kirk hes
power to revoke whatsoever things done be them, or any particular
member of the same, to the hurt and prejudice of the Kirk, or not?
The brethren, after reasonyng and disputting in the matter, at lenth
votit _affirmative_ in the questione--that the Kirk hes power to doe
the same.
Anent the summonds raisit, to this day, by the Elderschip of
Striviling against Mr Robert Montgomrie, minister ther of sumtyme,
to heir the sentence of suspensione gine in against him from the
ministrie allowit be the Generall Assembly; and farder to the clause
concernyng his life, manners, and doctrine, and uther things qwhilks
the said Assembly sould lay to his charge; as the summonds at length
beares: The said Mr Robert being present, and requyrit to answer
heirto, before all protestit, that if the Kirk proceeded in any thing
against him, or charge him without warrand of the word of God, for
remead and answering to the summonds, albeit the Generall Kirk sould
not allow any thing deduced in the said proces; because he was never
lawfullie summoned thereto, knew nothing thereof his suspension from
the ministrie, but the only bruit, nor never was the samen intimat
to him, and in so farr as the proces being personall, intimation to
him of the said suspension, took instrument thereupon, and offerit to
improve the samen in that poynt: With all the qwhilks alleadgences,
the Kirk and brether weell advysit, notwithstanding thereof, Finds
the said proces, decreit and intimatione thereof, ordourly deducit
and proceidit, and the said suspensione well proceidit and gine;
reserving nottheless to the said Mr Robert, in the secund instance,
to sute reductione and remeid, as appertayneth.
Being farther accused of contraventioune of the said sentence of
suspensione be preaching of the word, and ministratione of the
sacraments afoir the intimation thereof, he granted the same, but
pretended ignorance of the giving of the said sentence.
Before farther reasonyng in this matter, my Lord of Requests
presentit to the Kirk, a wryting sent from the King’s Majestie
unto them, to declare that his Majestie’s will was, That the Kirk
should not trouble the said Mr Robert for any thing concernyng the
bischoprick, or that may result thereupon, or of any uther cause
bygane, committit be him; but that it might be handlit before his
Grace: Qwhilk being reverently receavit and read in open Assemblie,
the breither praisit God that movit the King’s heart, to send his
Commission to the Assemblie; and as to the action present, with the
assistance of God, such attendance sould be gine thereto for his
Grace’s request, that nothing sould be handlit belonging to the
civill power, and nothing but uprichtlie, sincerly, and with the just
judgement pronuncit against him, as they sould answer to God and his
heines.
Sessio 7.
Hereafter ane plaine and lange discourse was made openly, of the
haill diligence of the brether to qwhom Commissione was gine in
the last Assemblie, concernyng the said Mr Robert, and the copies
of the charges given to them at his instance, producit, declareing
and bearing effectuouslie, witnessing of his knowledge of the said
suspensioune, albeit he plainly protestit before God, he never knew
of the raising of any of the said charges or executiones thereof;
with the qwhilk discourse and confessione of the said Mr Robert, that
he had preachit and administrat the sacraments sen the said decreit
of suspensione; The Kirk being advysit, in ane voyce, after voting,
ffand the said decreit and sentence violat be him, and superceidit to
decerne upon the paine of the said contraventione, qwhill the morne
that the brether first conveining.
The said Mr Robert demandit the answer of the haill Kirk, if they
wald accuse him of any thing concerning the Bischoprick or any thing
resulting thereupone: 2dly, That he might have the copy of the large
discourse made verballie be the brethren, to the effect he might
answer simply to every poynt thereof.
Being removit out of the Assembly, within a little space thereafter
compeirit John Burne, messenger, and be vertew of our Soveraigne
Lord’s Letters, delyvrit be the Lords of Secreit Councill, inhibit
and dischargit the brethren of the Generall Assembly, the Moderator
and his Assessors, from directing any citations against Mr Robert
Montgomrie, as is therein contenit, wsing of excommunication,
innovatione, sclandering or troubling of him in his ministrie, for
aspyring to the Bischoprick of Glasgow, or calling or persewing
of his breither for the same, or for any promise made be them
thereanent, or any uther thing dependand thereupon, in tyme bygane,
under the paine of rebellion, and putting of them to the horne;
certifyand them and they failzie, he wald denunce them our Soveraigne
Lord’s rebells, and put them to his heines horne: of the qwhilk
charge he delyverit instantly ane copie qwhilk he subscrived with his
awne hand.
The said Mr Robert being callit again, and being absent, the brether
ordaynit Mr Thomas M‘Kgill to warne him the morne.
Anent the age of persones that shall hereafter enter in the ministrie
of the word: seeing that sundry hes been intrusit upon the Kirk, and
presentit to benefices having cure, that be reasone of their young
yeares and laick of experience and judgement, that cannot be able to
discharge that high and sacred vocatione, qwherunto they are callit;
The Kirk of ane mynd hes votit and concludit, that in tyme cuming,
naine be admittit to the functione of the ministrie, nor collationat,
nor admittit to any benefice of cure, without they be of the age of
twenty-fyve yeares, except such that for singular and rare qualities
into them, shall be judgit be the Generall Assembly meit and worthie
thereof.
Sessio 8.
Anent the ordinance made yesternight concerning the summonding of
Mr Robert Montgomrie, to compeir before the Assembly this day at
ten houres: the said Mr Robert being callit and not compearand, but
be William Montgomrie his alleadgit procurator, qwha producit ane
appellatione qwhereof the tenor heirafter will appear.
Compearit Mr Robert M‘Kgill, and declareit, that at command of the
Assembly, he warnit him yesternight to compear at this houre, before
the haill Kirk, personallie, in presence of Mrs Walter Hay, John
Cowper, and Andrew Ker, and that he promised to compeir personallie
at the hour appoyntit, qwhilks the said brether and witnesses
testified to be trew.
Hereafter was certaine speciall and innorme crymes producit and
read, qwhairof he was alleadgit to be guiltie. 1. Negligence and
corruptione in doctrine, also dissollutione in lyfe, for the qwhilk
he was suspendit; contraveining of the suspensione in Glasgow,
Strivelling, and in the King’s owne chappell; violating of his
promise made to the Presbytrie of Striviling, that he sould remaine
and wait upon his cure; horrible lies in the face of the Assemblie,
denying, with protestatione before God, the intimatione of the
suspension, and raiseing and executing the letters; procureing of
letters be sinister informatione for overthrowing the discipline
of the Kirk; usurping an uther man’s flock, accompanied with armed
men since the suspensione; chairging of the haill Assemblie, under
the payne of hornyng, to stay with all proceiding against him with
excommunicatione; blasphemous railing against the brether and
ministrie in pulpit, sen his suspensione, and of before; and, _in
summa_, manifest contempt of the ordinance of the Kirk, and stirring
up of ane fearfull schisme betwixt certain of the nobilitie and
the Kirk: Qwhilk being tryit, pairtlie be his awne confessione,
pairtly be the proces deducit be the Generall Assembly halden last
in Edinburgh, and be the proces deducit before the Elderschip of
Striveling, and partly be the testimonie of good and godlie brethren
of the Assemblie, were found all to have falline in his persone, and
him to be culpable and guiltie thereof: for the qwhilks haynous,
fowll, and most unworthie crymes, the Assemblie of the brether votit
and concludit the said Robert, not only unworthie to serve in the
office of the ministrie, but to be depryvit thereof perpetuallie, in
all tyme cuming; and the sentence of excommunication to strick upon
him, without he prevent the same be repentance.
My Lord of Requests cravit of the Kirk, that the pronouncing of the
said sentence sould be superseidit qwhill the King’s Majestie were
advertised. The Kirk heirto continouit to giue answer qwhill thair
meeting at afternoone.
Sessio 9.
The letter written to the King’s Majestie in name of the whole Kirk,
being read, was thocht good to be delyverit to my Lord of Requests;
whereof the tenor follows:--
Pleas your Majestie;
We have receavit your Grace’s maist loving letter, direct to us by
your Grace’s Commissioner, Mr Mark Ker, Mr of Requests, and are
compellit to burst out most humble thanks to our God, qwho of his
mercie hes gine us so godlie ane King, cairfull and weill willing
that God be glorified, and his Kirk, within your Majestie’s realme,
mentaint, as plainly be the articles be your Grace proponit:
Qwhairunto, with all diligence, we begine to make answer, but in
such shortness of tyme and great strait whereunto we are brought be
certaine letters raisit at the instance of Mr Robert Montgomrie,
we are altogether stayit in that and many uther godlie actiones:
ffor upon the 27th of this instant, the Assembly being occupied in
quyet and modest reasonyng of grave and weighty matters, he causit
ane officer of armes irreverently to enter, and, under the paine of
hornyng, commandit the haill Kirk from all proceiding against him,
for whatsoever cause or enormitie committit in these his wicked
attempts; a thing that was never heard nor seen since the world
began; whairof we man lament unto your Majestie: And having no uther
refuge under God, most humblie cravis, that be thir extraordinary
chairges direct against the word of God and lawes of your Grace’s
countrie, we be not constraint, either to betray the cause of God
be beiring and winking at horrible crymes, manifest to all men
in the persone of the said Mr Robert, or else to be reput and
accountit disobedient to your Majestie, in whais service we have
been, are, and shall be ready to sched our bloods and spend our
lyfis; beseikand your Grace we may finde this grace and favour in
your Majestie’s sicht, to keep our conscience clean before God, and
reserve our saules to him who hes gine us care of the saules of his
inheritance. This most reasonable request we doubt not to obtaine of
your Majestie, our particular reasons being heard and considerit,
qwhilk we mynde, by God’s grace, more largely to expone be certaine
brether direct to your Majestie, both to this effect, and with a
full answer to the forsaids articles. In the meane seasone, we beseik
your Majestie, giue no credite to the sinister report and wrangous
informatione of men, that, be such dealing, goes about to draw your
Majestie’s heart from your trew and faithfull subjects, and be this
unhappie schisme, to overthraw the Kirk of God within your Grace’s
countrey, and, for their awne particular gaines, banische Christ and
his word, (whilk God of his infinite mercy forbid,) and preserve your
Grace, body and saul, for ever.--From St Androis, the 28th of Apryle,
1582.
As to the sentence to be gine against Mr Robert Montgomrie, and
the enormities conteint in the acts preceiding, The Assemblie and
brethrene present, after voteing in the said matter, depryvit the
said Mr Robert from all functione of the ministrie in the Kirk of
God, dureing the will of the Assemblie; and farder, decernit the
sentence of fearfull excommunicatione to be pronouncit in face of
the whole Assembly, be the voyce and mouth of the Moderator present,
against him; To the effect that his proud flesche, being cast in the
hands of Satane, he may be winne againe, if it be possible, to God;
and the said sentence to be intimate be euery particular minister at
his awne particular kirk, solemnlie in the first sermone to be made
be them after their returning.
The instant pronunciation of the said sentence, beand stayit be the
Moderator qwhill Monday at nyne houres, be reasone of the compearance
of the said Mr Robert, who renuncit the appellatione interponit be
his procurator in his name, and be himself before noone, from the
sentence of the Kirk, and desyrit conferrence to be grantit to him of
the maist godlie and learnit brether--qwhilk the Kirk grantit whill
Monday at nyne houres, upon condition he remayned and wayted upon the
doctrine and conferrence of the brether, and made no novatione of new
chairges against the Kirk; who promised to attend upon the doctrine
and conferrence of the brether the morne all day; and as to novatione
or new charge, he should use or purchase nane in the meantyme, if
the Kirk usit nane against him: And farder, the Assemblie ordayned
prayers to be made the morne in the sermone for him, be them that
occupyed the place for the tyme.
Sessio 11.
Anent the conferrence had yesternight with Mr Robert Montgomrie; to
the effect that the brethren might understand what fruit had followit
thereof:--First, they demanded of him, in presence of God, to tell
the simple trewth of the accusationes that was layit to his charge
of before, qwho, after prayer to God to be mercifull to him, grantit
and confessit as after followes:--ffirst, He confest the command gine
him be the Reader of Striviling to desist from his office: 2. Grantit
baptizing of bairnes begotten in fornicatione, but tooke cautione of
the parents to satisfy the Kirk, but not in presence of the Elders
and Sessione: 3. As to the circumcision of women, remembers not that
ever he preached it: 4. Grants he made promise to the Presbytrie of
Striviling to await on his charge of the ministrie there, qwhilk he
hes broken: 5. He confest that, upon the 20th day of Marche, he had
mention made of his suspensione be the Presbytrie of Striviling, but
he was not certaine thereof, for he could not haue the process of
his suspensione: 6. Declareit that howbeit he knew the raising of
many of the letters against the breither, yet he keepit the ordinarie
dyetts thereof: 7. Grants the usurpatione of Mr David Weymes’ flock,
qwhairin he confest that he had heavily offendit: 8. And sicklyke
grants he hes heavilie offendit against God and his Kirk, be
procureing and raiseing the charges against the Generall Assembly,
and in accepting the Bischoprick of Glasgow, without advyce thereof.
The said Assemblie, in proceeding be this forme of doing qwhilk he
hes used--ffor the qwhilk he submitts himself in the will of the
brethrene, willing to abyde their judgement, and to obey and underly
such injunctiones as they will ordayne therefore.
And as to his simple meaning concernyng the estate of Bischops, and
corruptione thereof; being requyrit openly, in the fear of God and
uprightness of conscience, to declare the same, desyrit to conferr
with Mrs James Lawsone, John Craige, Robert Pont, David Lyndsay, and
the Laird of Culluchie, to the effect he might be farther resolvit,
and give his simple meaning therein to the Kirk, qwherunto they
agriet.
Anent the protestationes made be the Presbytries of Edinburgh,
Dalkeith, and Linlithgow, against the sentence gine be the King and
Secret Councill in favor of Mr Robert Montgomrie, findand them Judges
to the saids Presbytries and Kirk, as the same beires; The haill
Kirk, after the reading of the same sentence and protestatione, in
ane voyce, adheirit thereto, lykeas the said Mr Robert, for his part,
allowit the same and adherit therunto.
Sessio 12.
In respect of many inconvenients and misorder fallen furth be the
ambitioune, covetousness, and indirect dealing of syndrie who gang
about to enter in the ministrie, and, being enterit, uses unlawfull
meanes to declyne all correctione and punischment for their offences:
The whole Assemblie, in ane voyce, hes votit and concludit, conforme
to the word of God and most godly acts of antient counsells, That no
man pretendand to ecclesiasticall functione, office or benefice, be
any absolute gift, collatione or admissione of civill magistrates or
patrone, be letters of hornyng and qwhatsoevir uther means then is
established be the word of God and acts of the generall Kirk, and
hitherto ordinarly used within the reformit Kirk of Scotland; and
sicklyke that nane beand receavit to ane ecclesiasticall office or
benefice, seek any way be the civill power, to exeme and withdraw
themselves from the jurisdictione of the Kirk, nor procure, obtayne,
or use any letters or charges, ather be themselves or any uthers in
their name, or at their command or instance, to impare, hurt, or
stay the said jurisdictione, discipline, correctione of manners,
or punischment of their offences and enormities, nor to make any
appelatione from the Generall Assemblie, to stope the discipline and
order of ecclesiasticall policie and jurisdictione grantit be God’s
word to the office-bearers within the said Kirk, under the paine of
excommunicatione, summarly and without any proces or admonitiones,
to be pronouncit be the judgements of the Elderschip, be Minister or
Ministers, to be appoyntit be them thereto, how soon it is knawne
that any one of the saids heids is transgressit; and this act to be
nowayes prejudiciall to the laic patrones and their presentationes,
unto the tyme the laws be reformit according to God’s word.
Anent the conferrence with Mr Robert Montgomrie: The said Mr Robert
compeirand in face of the haill Assemblie, declared and promised
before God, that he sould neither meddle nor attempt farther
concernyng the Bischoprick of Glasgow, nor bruik, use, nor take
upon him the same, or any office within the Kirk, by the advyce and
consent of the Generall Assembly of the Kirk; renouncand the letters
and chairges gine be him againes Mr David Weymes, protesting that
in this matter concernyng the Bischoprick of Glasgow he meines no
utherwayes nor the haill brether does.
Forsuameikle as the Sabbath day many wayes is prophaned to the
great dishonour of God, and speciallie be halding mercats alsewell
in burgh as in landwart that day; The Assembly of the Kirk injoynes
straitly to every Elderschip within their awne bounds, to take order
therewith as they may, of the law of God, as they will schaw their
zeall towards God and the Kirk.
The Generall Assembly of the Kirk, in ane voyce, giues full power
and commission to Mrs James Lawsone, John Craig, Robert Pont,
David Lyndsay, John Braid, and John Durie, to pass to the King’s
Majestie, and schaw unto his Heines, That concernyng the Articles
he sent be his Majestie’s Master of Requests, to have been answerit
be the Kirk, being so weightie and important, a pairt of them also
appearand to be obscure and captious, they could not presently
resolve thereupon: nottheless, for the better resolving thereof,
they have ordained certaine brethren to conferr thereupone qwhill
the next Generall Assemblie, quhilk they have appoyntit shorter to
that effect: Farther, lamentablie to deplore unto his Grace, qwherin
the jurisdictioune of the Kirk is and hes been heavilie hurt and
prejudgit, and namely be the letters dischargeand the Presbytries
to proceed against Mr Robert Montgomrie; charges of horning used
against the haill Kirk of Scotland, be the decreit and sentence of
the Secret Counsell, finding them judges in the actione of Mr Robert
Montgomrie;--missives sent to gentlemen to assist to the placeing of
him in the pulpit of Glasgow, against the will of the Kirk;--giving
of benefices, _pleno jure_, and of all Abbacies in heritage: and,
with all humilitie, dew reverence and gentleness that appertaynes, to
exhort his Majestie to the reforming heirof, and maintaining of the
jurisdictione gine be God unto his Kirk, as also to giue admonitione
unto the Duke’s Grace, Earles of Arrane and Gowrie, in the premises,
and what they doe herein, to report to the next Assemblie.
Ordaynes the particular Elderschips to haue ane copie of the Articles
sent be the King’s Majestie, that they may be better resolvit to giue
advise by their answer thereto at the next Assembly.
Anent the corruptione of burialls in the citie of St Androis; the
Kirk ordayns Mr Patrick Adamsone to put the commissioune gine to him
in the last Assemblie thereanent, to dew executione in all poynts,
after the tenor thereof, under the paine of disobedience.
Ordaynes Mr Craig to lay an order for collecting the Acts of the
Kirk, betwixt and the next Assemblie.
The Assemblie nominats brethren in all pairts of the countrie for
erecting of the Presbytries where the same as yet are not erectit.
Articles to certaine doubts proponit concerning the Presbytries.
1. That the Moderator may continow from the Assemblie Synodall to the
next Synodall: his electione to be, be the particular Presbytrie.
2. That the number of such as are associat to the Elderschip for
discipline and correctione of manners, that are not Pastors nor
Doctors, who travelleth not in the word, be not in equall number
with wthers, but fewer; the proportione as the necessitie of the
Elderschip craves.
3. Concernyng such Elders as verses not in the word, thair resort to
the Presbytrie shall be no farther straitit, but as the weightiness
and occasione, upon intimatione and advertisement made be the Pastors
and Doctors, shall requyre; at qwhilk tyme they shall giue their
godly concurrence--exhorting them alwayes that may commodiously
resort, to be present at all tymes.
4. Such of the ministrie as does not resort to the exercise and
presbytry shall be subject to the penaltie arbitrall to be appoyntit
at the discretioune of every particular presbyterie, the samen to
be agriet upon be the subscriptioune of every minister thereof;
and if any be found to disagrie thereto, to be complaint upon to
the Generall Assemblie next to come, and the order qwhilk every
presbytrie takes, to be sichtit, and thereof, a good order to be
established for the haill.
5. It is thocht meit that the same day qwhilk is the day of the
exercise, be in lyke manner the day of ecclesiasticall processes; and
if the brether thinks necessare for the haisty expeditione of the
processes, that they may appoynt dayes, tymes, and places therefore,
by the day of the exercise.
6. It is not thocht expedient that the Presbytrie be astrictit to
direct their Moderator to the Assemblie, but libertie to chuse such
as they think maist expedient for the comfort of the Kirk.
7. It is thocht meet that visitatione be exceptit _e re nata_, within
the bounds of the Presbytrie, and the same not to be limitit to the
Moderator, but to such ane or ma, as the Presbytrie shall direct, for
the necessitie of the matter, according to the Kirk’s policie.
8. The Clerk and Moderator shall subscryve, in grave matters, ane
forme of proceeding in the name of the Elderschip; and quhill God
provyde some better contributione in every particular Kirk of the
Elderschip for his intertainment.
9. The minister of the paroche shall cause execute the summonds
concerning his paroche, and beare the burden of such things as shall
be direct from the Presbytrie, or some deput be him, within his
paroche.
10. Concernyng ane generall order of admissione to the office of
Elders, referris it to the order usit at Edinburgh, qwhilk we approve.
11. As for collatione of benefices, and designatione of manses and
gleibs; the Moderator of the Presbytrie where it is requisite, and
for the satisfaction of the act of Parliament, that they have a
speciall commission of the Kirk for that effect, qwhill it please God
to move the King that the laws may be better reformit, provyding the
Moderator doe nothing butt the advyce of the Presbyterie.
12. It is proponit to the Kirk qwhair there is no Presbytrie, nor
cannot be gottin, qwhat order shall be of admissione, of collatione
and designation of benefices.
13. As for the number of Kirks, how many shall be in every
Presbytrie? Referris to them that hes the Commissione to establische
Presbyteries.
14. The forme of proces in weightie matters to be in wreit, at the
discretioune of particular Presbytries, _e re nata_; in uther things
verball.
15. For any that will not receave office of Elderschip, and travell
not in the word, we may exhorte, but not compell.
Sessio 14.
Ordayns a general ffast, to be keepit universallie, in all kirks of
this realme, with doctrine and instructione of the people, to begin
the first Sonday of Junij next to come, and to continow to the next
Sonday hereafter, inclusive, useing in the meane tyme, exercise of
doctrine, according to the accustomit order; and the King’s Majestie
to be certified be the Commissioners sent to him, and desyrit to hald
hand thereto be proclamations to be sent out to that effect.
_Causes._--Universall conspiracies of the Papists, in all countries
against Christianes for executione of the bloody Counsell of Trent.
2. The oppression and thraldome of the Kirk of God. 3. Wasting of the
rents thereof without remedie. 4. Falling from the former zeal. 5.
Flocking home of Jesuits and Papists. 6. Manifest bloodshed, incest,
adulteries, with such horrible crymes defylling the land unpunisched.
7. The danger qwherin the King’s Majestie stands throw evill companie
resorting about him, be qwham it is feared he may be corrupted in
manners and religione, and universall oppressione and contempt of the
poor.
Ordaynis every Presbytrie within their awn bounds to try the
ministers of the same, and if any offences beis found, to punische
the same, according to the qualitie and estate of their crymes,
betwixt and the next Generall Assembly of the Kirk.
Anent persones desyrand to enter in the functione of the ministrie:
the Kirk ordaynes the particular Presbytries to try and examine them;
and such as they find qualified, to provide them to kirks.
The nixt Assembly appoyntit at Edinburgh, the 24th of October nixt,
except some necessar occasione interveine, be the advertisement of
the Elderschip of Edinburgh, and the King’s Ministers, qwhereby they
may be brought together sooner.
[FORTY-SIXTH GENERAL ASSEMBLY.]
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 promise made 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
acknowledget nothing 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 the mornyng, 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 of
Edinburgh, 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, and reasone; 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 is manifest:--
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, suspending
_simpliciter_, 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 Glasgow in
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.
[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 Moderator _hac 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 Hallyburtoune
and Colonell William Stewart, and presentit the King’s Majestie’s
Commissioune in write; the tennor qwhairof followis:--
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
within this 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 excommunicat publicklie 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 sustainit
upon 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 notwithstanding
their 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 rentall _de 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 ARTICLES presentit 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, the 12
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, and
now 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
haill proclamatione. 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.
[FORTY-EIGHTH GENERAL ASSEMBLY.]
The Generall Assemblie, conveint at Edinburgh, in the New
Kirk, the 24 of Apryl 1583, qwhair there were present the
Commissioners, &c.
Sessio.
Exhortation maid be John Braid, in place of Mr David Lyndsay, last
Moderator, be reasone of the said Mr David’s departing with the
King’s Majestie’s ambassador. Leitts, Mrs Thomas Smetoune, David
Fargysone, and John Braid: be pluralitie of votis, the said Mr Thomas
was electit _hac vice_.
The brether ordaynit the Moderator to concurre with Mrs James
Lawsone, Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvill,
Andrew Polwart, Peter Blackburne, David Fargysone, and Alexander
Arbuthnott, Assessors.
Sessio 2.
The Assembly ordayns Mrs John Craig, John Durie, and Alexander Hoome,
to passe to the King’s Majestie, and humbly desire his Grace to send
Commissioners in his name to assist this Assemblie, in treating and
concluding in matters proponit; and farther to desyre his Grace,
seeing his embassador is departing to England, to give ane charge
to him to travell, that ane unione and band may be made betwixt
his Grace, her Majestie, and uther Christiane Princes and realmes
professing the trew religione, for defence and protection of the
trew word of God, and professors thereof, against the persecutione
of Papists and confederats joyned and united together, be the
bloodie league of Trent;--and also, that her Majestie will disburden
their breither of England, of the yoke of ceremonies imposed to
them against the libertie of the word, and upon thir three heads to
reporte the answer againe.
Sessio 3.
Anent the summonds direct by the Synodall Assemblie of Fyfe againes
Mr David Russel, baillie of St Androis, to hear ane sentence
definitive pronuncit upon ane proces deduced before the Presbytrie
heireof, against him, for ane sclanderous letter, publisched the
17 of March last, in presence of the congregatione: The said
Mr David being present, protesting first before God, he never
meinit nor meins to doubt of the authoritie of the Kirk, made a
discourse of the vaiking of the pulpit of St Androis, and of the
receit of the wreiting from my Lord Marche, qwhilk was present in
forme be him, and read in the kirk; qwherein he grants that there
were thir words;--calumnious pretendit maner,--being discreitly
considered,--sould not be found offensive; allwayes he hes appealit
to this Assemblie from this Presbytrie, for the causes containit in
his appellatione, qwhilk he exhibite, desyreing the Wisdome of the
Assemblie that he might have ane sicht of the proces led against him
to be advysit, with his just defence, and that rather or the matter
came in open reasonyng, that private conferrence were had amongst the
discreetest therein; with the qwhilk desyre the Kirk being advysit,
votit to the reading thereof openly; lykeas the samen being publickly
read and heard, together with the copie of the wreiting gine out be
the said Synodall Assembly, read in the paroche kirk, the farther
consideratione of the causes was left till afternoone, and he warnit
to be present.
Sessio 4.
Mr David Russell being inquyrit if he had the principall wryting
alleadged, read upon the 17 day of Marche, denyit the same, and
exhibite ane double thereof, as he termit it, receavit be him, as
he alleadgit, from ane servant of the Earle of Marche’s, nothing
different from the originall, qwhilk he pennit, and was read in
the said kirk, as he himselfe testified. As to the appellatione
interponit be him, from the said Presbytrie, the haill Assemblie
votit uniformlie, that he had weill appeallit; with whose sentence
the said Mr David said he stood content. As to the sentence to be
pronounced in the said matter, as also against William Leirmonth,
ane uther of the saids Baillies, the Kirk continewit the same to the
morne, warnyng them both presently thereto.
Sessio 5.
Mr David Russell submittit himself absolutlie to the judgement of the
Assembly, concerning the process laid against him.
Ordayned Mrs Alexander Arbuthnott, David Fargysone, and John Durie,
with the King’s Ministers, to pass to his Grace and Counsell, and in
name of the Kirk crave earnestly, that the French ambassador whaise
trauells hire are suspect to tend both against religione and common
weall, may be dispatchit; That Mr Hault, the Jesuit, may be accusit
and tryit, and according to his offence, if he be guiltie, to be
punisched: Sicklyke my Lord Settone’s sone may be send for, and
accusit of the wrytings sent to the Jesuites, and order put to him
therefore.
Attoure that ane brother of Cambowe’s, refuseing to abyde the
judgement of the Kirk, and allowes the breaking of the King’s lawes
concerning his religione, may be summoned to ane particular dyett, to
underly the law.
_Item_, To remember his Grace anent the Abbot of Halywood, that no
licence be gine to him to depart out of the countrie; and suchlyke to
remember concernyng Mr David Chalmer.
Anent the citatione direct from the Synodall of Fyffe againes Mr
David Russell, baillie of St Androis, to compear in this Assemblie,
to hear sentence definitive pronuncit upon ane proces led and
deducit before the Presbytrie of the said citie, for publisching of
a sclanderous letter upon the 17th day of Marche last, in presence
of the congregation of St Androis; as the actione at lenth beares:
The said actione and haill proces being publickly read and at lenth
considerit be the haill Assemblie, and the samen, with the deductione
thereof in all poynts, together with the letter and intimation of
the said Synodall Assemblie publischit in the paroch kirk of St
Androis publickly, being orderly proceidit, Lykeas the said brethren
in ane voyce justifies and allows the proceedings thereof, and of
the said Presbytrie in the said cause; and after good deliberatione
and resolutione taken upon the sicht and diligent tryell of the said
proces and probatione led therein, Hes fund, and finds, that the said
Mr David not only hes given heavy sclander, and offendit against the
Presbytrie of St Androis, but farder, has sclanderit very heavilie
against the Kirk of this realme, as that, sen the Reformatione of
religion within the same, the lyke thereof hath not beene offerit in
any persone, and speciallie in the particulars following, evidently
proven and evictit _per testes omni exceptione majores_; qwhairof a
part also is confest be himselfe, granting he had done amiss, and
submitting him to the determinatione and arbitrement of the haill
brethern absolutlie:
To witt: In calling the ordinance of the presbytrie a rabble, saying,
it sould not pass but an answer--it sould be worse then the faire of
Glasgow--and that, four dayes before the famous lybell was published:
2. In giving command with threatenings to publische the letter in
face of the Kirk: 3. In penning and forming the said blasphemous
letter: 4. In denying first, with attestation, the penning thereof,
and thereafter granting the same: 5. In opponing him in all heads of
the said letter to the ordinance of the Presbytrie: 6. In wryting
thir outrageous words therein--pretendit Presbytrie, usurpitance
of the said Presbytrie, without any ground of God’s word, or lawes
of the realme--that the said Presbytrie did, against their awne
consciences, and Christiane charitie--that some of them were
promise-breakers, (howbeit the contrare were verifiet in accusatione
of the letter of the Presbytrie), of calumnious objections:--and in
contemning not only the jurisdictione of the Presbytrie, but also
the Synodall Assemblie: And therefore hes decernit and ordaynit, in
ane voyce, that the said Mr David, upon Thursday cum aucht dayes,
immediatly after returning from this Assemblie, shall appear in
presence of the Presbytrie of St Androis, and with humiliation of
heart, and earnest and trew repentance, confessit and acknowledgit
before them, that in the particulars abovewritten, and euery ane
of them, he hes heavily offendit his God, sclanderit the said
Presbytrie, and the haill Kirk of God within this realme;--craving
God’s goodness to pardon him, and the said Presbytrie to forgive
him, with promise in tyme cuming, to avoyde all such sclanderous
behaviour or dealing; quhais humiliation and repentance being fund
unfeigned and earnest, be the sicht of the said Presbytrie, and they
satisfied therewith, that upon Sonday immediatly thereafter, he
appear before the pulpit, in the paroche kirk of St Androis, before
noone, after the sermone, and immediately before the prayer, in
presence of the congregatione, and there make the said confessione,
and acknowledge his offences in particular, and in manner as is above
deducit--exhorting all the brethren and the congregatione to the
obedience of the Kirk and ordinances thereof, that as they have been
sclanderit be his fall, so be his rysing they may receive comfort and
good example: Qwherein, if the said Mr David failzies and gives not
absolute obedience, according to the tennor of this sentence, in all
poynts, that the said Presbytrie of St Androis proceed against him
with the sentence of the Kirk.
Anent the order and injunctiones to be wsed against Gavin Grahame
and his colleagues, alreadie excommunicat: The Assemblie present
hes ordaynit, that they shall satisfy the injunctiones wsed against
murtherers, incestious persones, before they be absolvit from the
said sentence, the forme qwhairof is contained in ane act made in
December 1565, Sess. 4; and the same being dewly satisfyit, and
earnest repentence seen in them, ordaynes the said Presbytrie of
Glasgow to absolve them from the said sentence.
Sessio 7.
Anent the heads proponit be the Provest of Dundie, and the Laird of
Colluchie, his Majestie’s Commissioners: The Kirk, be the Moderator,
gave answer, that for expeditione of the first head, the Assemblie
sould appoynt their next conventione the sooner, that ane absolute
answer may be gine thereto.
Touching the second: they have found, by experience, that Commissione
gine to brether, with power to conclude, have done great hurt to the
Kirk. As to the novelties, they sould meddle with nane.
Anent the lamentable supplicatione gine in be the Earle of Arrane,
bearing, That qwhair, upon the diuerse supplicationes presentit to
the Generall Assemblies at Dundie and Edinburgh, to have travillit
with the King’s Majestie and Secret Counsell, for his deliverance
from his lang captivitie, and restitutione to him of his heritage,
maist wrangouslie withholden from him, be the wickit and fraudulent
meanes of the present possessor thereof; Nottheless, that ungodlie
man, abuseing the youth and favour of his Soveraigne, hes not
suffered your suite to be heard, tryit, and allowit be his Majestie,
as he is sure it will be qwhensoever his Grace shall be dewlie
informit of his innocencie, and the miseries, grieves, and wrangs
be him sustainit, in spirite, bodie, and warldlie good, be the
crueltie of his enemies; beseiking the Assemblie, therefore, as
the only meine in this warld, qwham unto he may haue esperance, to
present his regraits and dolences to his Majestie, that they will
yet continew their former sute in his favour, and pretermit to the
present opportunitie of his Majestie’s good dispositione, not able to
be abused be the craft and subtilitie of that his unjust enemie being
presentlie removit from his Majestie’s presence; praying them also
to labour that his body and living may be committit to the custodie
of his very undoubtit friends, qwho will have unfeigned care for the
preservatione of the ane and wther, according to conscience, equity,
and righteous lawes of all civill countries;--Remembring presently
that he is so destitute of all wther meines of intercessione, saving
them only, through fear of his enemies crueltie, that among so many
naturall friends of all degrees, he can hardly finde ane who will
declare himself the presenter of this his supplicatione made to the
said Assemblie: the qwhilk necessitie he doubts not their Wisdomes
will worthilie supplie.
The Kirk having considerit the said supplicatione, Ordaynes their
breithern to present or direct to the King’s Majestie, to schaw his
Heines this pitious complaint--craving his gracious good answer
therein; and farther, as the Assembly shall finde opportunitie, be
their Commissioners’ travells, to be done for the weill and comfort
of the nobleman.
Mr Robert Pont declared that, with part of his heritage and worldlie
commoditie, he had proponit to sit downe in St Androws, and had
served on his awne charges ane haill year, and could not have any
equall conditione of living, no, not the least provisione that any
had that past before, and now altogether his heart is abstractit from
them--praying the Kirk not to lay the charge upon him against his
will.
Sessio 9.
Anent the citatione direct against William Leirmonth, beallie of St
Androis: The Assemblie, in respect of the said William his simple
confessione, that he gaue command to Niniane Rule, to read publickly
the sclanderous Letter against the Presbytery of St Andrews, in the
paroche Kirk thereof, and of his humble submissione to the haill
Kirk, Ordayns him, upon Sonday cum aucht dayes, to compeir before the
congregatione of St Androis, after sermone, and before prayer, and
there confesse his offence forsaid, asking God and his Kirk pardone
thairfore, under paine of the censures of the Kirk, to be execute be
the said Presbytrie against him.
Sessio 10.
Anent baptisme ministrat be laik persones, and such as hes no
ordinarie functione in the ministrie of the Kirk: The Generall Kirk,
in ane voyce, hes concludit the same to be no legall baptisme;
and that these that in the pretendit manner are baptized shall be
baptized according to God’s word.
Anent ministers that makes not residence at their awne Kirks: The
Assemblie ordayns the Presbytries, universallie within thair awne
bounds, to take order therewith, as they will answer to the Kirke.
Anent the proces deducit before the Presbytrie against Henrie
Adamsone, burges of Perth, and approven be the Synodall Assemblie of
the province: The whole Kirk, at length having considerit the proces
and probatione led in that matter,--being weill resolvit and advysit
therwith,--In ane voyce declares and finds the said Henrie, be his
familiar and suspect behaviour to Jeane Thorntowne, spouse to Oliver
Peblis, resorting with her in privat and suspect places, drinking and
conversing with her, and utherwayes behaving himself not so chastly
as becomes an honest married persone, as be syndrie circumstances
in the said proces appeares, To have gine suspitione that he has
committit adulterie with her, and thereby to have gine occasione of
sclander in his persone: Therefore, ordaynes him, immediately after
his returning from the Assemblie, to compeir before the Presbytrie
of Perth, and there, with humilitie, unfeignedly to confesse and
acknawledge that he hes gine occasione of sclander, asking God and
his Kirk forgiveness therefore; and thereafter, upon ane Sonday to
be appoyntit be the said Presbytrie, he shall compear in the paroche
kirk of Perth, in tyme of sermone before noone, sit in the place of
repentance in his common apparell qwhill the sermone be endit, and
immediatly after the end thereof, and before the prayer, stand up
in the said place of repentance, and confesse and acknowledge the
sclander gine by him, and ask God and his Kirk pardon therefore,
with promise in tyme coming to avoyd all sclanderous behaviour and
suspition of any such cryme, under the paine of the censures of the
Kirk, to be execute against him be the said Presbytrie.
Sessio 11.
Anent the difficultie movit be certaine breither, if it be lawfull
to a pastor alreadie appoyntit and serving ane flock, to receave
admissione of ane benefice appertayning to ane uther kirk nor qwhere
he serues, and remoue him from his awne flock without licence of the
Presbytrie qwhere he serves, Synodall, or Generall Assemblie: The
haill Assemblie, after many reasones had on aither syde concerning
this doubt, resolvit and concludit, That a pastor provydit and
serving ane flock, laufully may not remove from his flock qwhere
he first serves, without speciall licence obtaynit be him of his
presbytrie, Provinciall, or Generall Assemblie, and inhibitand and
dischargand all Presbytries, in tyme cumming, to admitt any persone
elsqwhere serving, as said is, to benefices, without testimonialls
and licence schawne be them, of the consent of the Presbytrie,
Synodall or Generall: And if any persone beis fund, against the
tenor heirof, to transferr himself without consent forsaid, The Kirk
hes concludit and decernit him to be deposed from his functione and
calling of the ministrie in all tyme cuming.
[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 hes committit 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 observance
we 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 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.
Sessio 7.
It is thocht expedient that the four Presbytries in Lawthiane be
joynit 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 haill Kirk:--
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 prohibite
_probabiter_ or 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 executione thereof, 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.
[FIFTIETH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk, halden at Edinburgh, in the
Over-Tolbooth thereof, the 10th of May 1586, Whair there was
present his Majestie’s Commissioners, my Lord Chancellour,
Justice Clark, Mr John Grahame, the Pryor of Blantyre, Mr Peter
Young, with the Commissioners direct from the Synodalls and
Universities.
Exhortatione made be Mr Robert Pont. My Lord Privie Seall, and
Mr Peter Young, direct from the King’s Majestie, schew, That his
Grace being occupyit in great affayres, could not this day give his
presence; and tharefore desyrit the haill breither, at afternoone, to
repare to the great chapell in the Abbay, qwhere he should propone
his mynd to them; and, in the meintyme, to superceid the electione
of a moderator qwhill then: qwhairunto the brether agreit, with
conditione it sould not prejudge the libertie of the Assemblie in
any poynt; lykas the Commissioners declareit they understand of no
prejudice meined thereby.
Sessio 2. _Eodem die, in Capella Regia, coram Rege._
It pleasit his Majestie to propose the cause of assembling the
breither to that place; and thereafter, prayer being made be Mr
Robert Pont, the King proceidit to the nominatione of Mrs Peter
Blackburne, David Lyndsay, Nicoll Dalgleische, to be on leets for
chooseing a Moderator; and the said Mr David was elect Moderator,
_hac vice_. Mrs John Robertsone, Alexander Rawsone, George Hay, Peter
Blackburne, the Laird of Dune, William Chrystisone, William Hepburne,
William Moriesone, Thomas Buchanane, David Fargysone, Robert Pont,
Nicol Dalgleische, the King’s Ministers, Adame Johnstoune, David
Home, Alexander Home, John Knox, James Brysone, Andrew Hay, James
Andersone, Patrick Galloway, were nominat by the breither, Assessors.
His Majestie appoyntit my Lord Secretar, Justice Clark, Privie
Sealle, Mr John Grahame, my Lord Culros, Mr Peter Young, to conferr,
reasone, and advyse with the said breither on matters mutuallie to be
proponit, and them, or any two of them, to concurr with the Assemblie
on his Majestie’s behalfe, as his Heines’ Commissioners.
3 Sessio--_in Pretorio._
Anent uniformitie of discipline: It is thocht meit that the same be
first proponit in the privie conferrence, and thereafter publicklie.
Anent the Registers of the Kirk: Mrs George Hay and Patrick Galloway
being direct to the King’s Majestie for to solicite the redelyverance
of the same, his Heines answerit, that they sould be delyverit to
the clerk ilk day dureing the Assemblie; but at even they should be
in the hands of the Lord Privie Seall, qwhill the end of the said
Assemblie, betwixt and the qwhilk day his Majestie would be present
himselfe.
Sessio 4.
It is thocht universallie meit, that through the haill countries
there be orderly sett downe Presbytries in the places underwritten,
quhilks are judgit most proper and convenient therefore, to
the number following, viz. In Orknay, ane within the Toune of
Kirkwall: In Zetland, ane within the Toune of {blank space}: In
Cathnes 2, Thurso and Dornock: In Ross 2, ane in Tare and uther
in Channonrie: In Morray 4, viz. Inverness, Forress, Elgine, and
Ruthven: In Aberdeine 5, viz. Fordoune, Dier, Innerowrie, Aberdeine,
and Kincardine: In Mearnes ane, viz. in Bervie: In Anguss 3,
viz. Montrose, Dundie, Brechine: In Dunkeld ane: In Perth ane:
In Dumblaine ane: In Striviling ane: In Lowthiane 5, Lynlithgow,
Edinburgh, Haddingtowne, Dalkeith, Dumbar: In Fyfe 4, Cowper, St
Androis, Dunfermling, Kirkcaldie: In Merss, Churnsyde: In Teviotdale
3, Melross, Jedburgh, Kelso: In Twedell, Peebles: In Annandaill,
Muffet: In Nithesdaill 2, Drumfreiss, Sanchar: In Galloway 4,
Glenluis, Wigtowne, Kirkcudbright, St Johnes Clawchane: In Carrick,
Mayboll: In the Shreffdome of Aire,--Aire, in Cunninghame, in Irwing:
In Ranfrew, Pasley: In Lennox, Dumbartane: In the Nether Ward of
Cliddesdall: In the Over Ward 2, Lanerick and Biggar. And to the
effect that the kirks qwhilk most propperlie sould be unite to every
Presbytrie may be joynit thereto, qwhairupon the Presbytries may be
erectit conveniently, the Assembly ordaynes Commissioners for ilk
Sheriffdome.
Sessio 5.
The breither appoyntit to give in the names of the kirks as they
thocht maist properlie might be casten in to the Presbytries,
pronuncit their judgements in wreit, qwhilk were delyvrit to my Lord
Clark Register, qwhom the Kirk requestit to visite and consider, and
to giue his judgement thereof. As to the places qwhare the Synodall
Assemblies shall be halden and the day of their next conventione;
it is thocht meit that thair next Assemblies shall begine the first
Tuesday of October nixt to come in the particular places following,
qwhare being conveinit, they shall chuse at their awne optione the
same, or such other places within their bounds as they think maist
expedient thereafter; and so furth from tyme to tyme, as they shall
appoynt and think meitest for the first tyme.
The Synodall of Orknay in Kirkwall: of Kaithnes in Dornock: of Ross
in the Channonrie: off Morray in Elgine: off Bamff in Torrey: off
Aberdeen in Aberdeine: off Angus in Mernes in Brechine: off Dunkeld
in Dunkeld: off Dunblaine: off Fyffe and Perth in St Androis: off
Lowthiane in Edinburgh: off Merss, Teviotdale, and Tweddall, in
Lawder: off Nithsdaill in Drumfries: off Galloway in Wigtowne: off
Kyle, Carrick, and Cuninghame, in Aire: off Cliddsdale, Ranfrew, and
Lennox, in Glasgow.
The haill Kirk requestit my Lord Secretar to intreat with his
Majestie, that the Generall Assemblie may be yearly heirafter
observed, and to understand quhat tyme his Majestie thinks meet for
the next conventione.
Anent the doubt movit, if it be leisum to any towne or citie quhare
there is ane Universitie, and ane pairt of the parochine of the said
towne lyand to landwart, but thair consents and votes, to elect
ane minister to the haill paroche and universitie, pretending the
priviledge of ane old use and custome: The Kirk hes votit thereto
_negando_, that it is not leisome so to doe.
Sessio 6.
Anent the heid read afternoone, referrit to farther deliberatione:
the Moderator declairit that the matter in a pairt being reasonit in
privie conferrence, they had pennit two articles, quhilk they thocht
good the Assembly sould judge upon, and to vote to the same if they
find it expedient; quhilk being read and advysit with, the haill
brethren gave consent thereto; of the quhilks articles this is the
tennor:
It is found that all such as the Scripture appoynts Governours of the
Kirk of God, as, namely, Pastors, Doctors, and Elders, may convene
to Generall Assemblies and vote in ecclesiasticall matters; and all
uthers that hath any sute or uther things to propone to the Assemblie
may be there present, to giue in their sutes, and propone things
profitable to the Kirk, and hear reasoning, but shall not vote: 2.
There are four offices ordinare sett down to us be the Scripture,
to witt, Pastors, Doctors, Elders, and Deacones, and the name of a
Bischop ought not to be taken as it hath been in Papistrie; but it is
commone to all pastores and ministers.
Mr David Cunninghame, Bischop of Aberdeene, is ordainit to be
summoned before the Presbytrie of Glasgow, for abusing his bodie in
adulterie with Elspeth Sudderland.
Anent Visitation; The Kirk, after reasonyng, hes fund that it
is lawfull and necessare at this tyme, and the forme thereof
continewand, and the rest of the circumstances thereof heirafter to
be reasoned.
Sessio 7.
Anent the heids of Visitatione, and circumstances left to farther
consideratione: At the desyre of my Lord Privie Seall, the Assembly
directit Mrs Robert Pont, Andrew Melvill, Thomas Blackburne, Nicoll
Dalgleische, Andrew Polwant, and Thomas Buchanane, to conferr with
the King’s Majestie’s Commissioners thereanent, and such others
matters as shall be communicat unto them.
In presence of the haill Assembly, compeirit my Lord Maxwell, and
declareit, that be the King’s Majestie’s command, he compeirit before
the said Assemblie, as he had found cautione to that effect before
the Counsell to compeare before them this day; and, in respect of
his obedience, protestit his cautioner sould be fred, and took
instruments upon his compearance and protestatione.
The Assembly, in respect they knew not the cause of his compearance,
nor the King’s Majestie’s command thairanent, desyreit him to be
present the morne before noone; and, in the mean tyme, craving his
Heines’ Commissioners knawledge heiranent. The saids Commissioners
protestit that his cautioner sould no wayes be free, qwhill his
Majestie’s minde be returned be them to the Assemblie.
Anent the propositione of the King’s Majestie’s Commissioners,
made to the haill Assemblie, to resolve, be good and commone
deliberatione, if they will accept the Bischops sett downe in the
conferrence had betwixt certaine of his Majestie’s Councill and
certaine of the brethren of the ministrie, or if they will refuse?
The Kirk continowit their answer qwhill the morne, after the reading
publickly of the haill conferrence. Albeit, the articles agreit in
the conferrence halden at Halyrudehouse, betwixt certaine appoyntit
be the King’s Majestie of his Counsell, and certaine of the ministrie
callit be his Grace to that effect; the particulars being openly
read, The brethrene agreit to the first article, it being conceivit
in thir termes:--
It is condescendit that the name of a Bischop hes a speciall charge
and functione annexit to it be the word of God, the same that the
ordinarie pastor hes.
Compeirit the Earle of Mortoune. Lord Maxwell being accusit for the
heiring of Mass, and the Act of the King’s Majestie’s Privie Counsell
being read for the satisfactione of the Kirk thereanent; he answerit,
that he had satisfyed the King’s law, and desyrit the conferrence of
learnit men concernyng the Religione and participatione of the Lord’s
table.
Sessio 9.
Anent the remanent Articles of the said conferrence: It was thocht
good, first, to lay some grounds to reasone on: And, first, after
reasonyng, it was concludit, that it is lawfull to the Generall
Assemblie, to admitt a pastor or minister having a benefice presentit
be the King’s Majestie unto the same: Sicklyke that visitatione is
in the persone of pastors: _Item_, The Generall Assembly may send a
man, accompanyed with such as the Presbytrie shall adjoyne to him in
visitatione.
Sessio 10.
In answering to the heads of the conferrence had betwixt certaine
of his Majestie’s Councill, and certaine of the brether at his
command, the haill Assemblie declairs, that [by] the name of a
Bischope, they only meine of such a Bischope as is descryvit be
Paull; and swa understanding, they agree with the 3d Article of the
said conferrence. Concernyng the 4th Article, it is agreed, that the
Bischop may be appoyntit be the Generall Assemblie to visite certaine
bounds to be limitat to him; and, in visitatione thereof, he shall
proceed be the advyce of the Synodall Assembly, and such as they
shall adjoyne to him. In receaving of presentationes and collationes,
giving of benefices, he shall proceed be the advyce and vote of the
Presbytrie qwhere the benefice lyis, and of certaine Assessors to be
joynit to him, at the leist of the maist pairt of the Presbytrie and
Assessors, unto the tyme the Presbytrie be better constitute, and the
Generall Kirk take farther order. The same Assessors, at the first
time, shall be nominat be the Generall Assembly.
Sessio 11.
He shall be subject, in respect he is a pastor as uther pastors
are, to be tryit and censured in his lyfe and doctrine be the
Presbytrie or Synodall Assemblie; and, because he hes Commissione of
the Generall Assemblie, in that respect to be tryit be them. If he
admitt or depryve without the maist pairt of the Presbytrie’s consent
and Counsell, the deed to be null, and the doing thereof to be ane
sufficient cause of deprivatione of him: his power to be _ordinis
causa, non jurisdictionis_. Where they that commonly are callit
Bischops may not overtake the haill bounds, callit of old Diocie,
Commissioners shall be presentit be his Majestie to the Generall
Assemblie, and admittit be them thereto, as the said Bischops are
to theirs, and to be comptable allanerlie to the said Assemblie for
their Commissione; and the Bischops to have no power within their
bounds more than they have within his bounds, The Commissioners,
being elect as said is, to have a like counsell and power in the
execution of their office as the Bischops hes: That the Commissioners
appoyntit to visite in their Presbytries or their particular kirks,
as the Presbytries or Synodall Assemblies think good--not prejudging
the Presbytrie’s particular visitatione. The same cause of lyfe
and doctrine to depryve a Bischop or Commissioner that depryves a
minister. The 14th Article agreit to. Anent the Assemblies, the first
Article agreit to also.
The Commissioners of the King’s Majestie protestit, in respect the
Assembly had casten down that qwhilk was requyrit in the Conferrence
halden att Halyrudehouse, that nothing be done therein mair in the
said Conferrence, nor this Assembly, have any force or effect; and
namely, in respect they have subject Bischops to the tryall and
censure of the Presbytrie and Synodall Assemblies: In respect of the
qwhilk protestatione, the Assembly immediatly direct to the King’s
Majestie Mrs Robert Pont, James Martine, and Patrick Galloway, to
informe his Grace concerning this matter.
Sessio 12.
The brether direct to the King’s Majestie yesternight, reportit, that
his Majestie could not agrie that Bischops and Commissioners sould
be utherwayes tryit then be Generall Assemblie. In respect of the
tyme, the Assemblie hes thocht it expedient, That albeit it be thocht
lawfull and reasonable be them, that the tryall and censuring of
pastores be in the Presbytries qwhair they remain, nottheless, that
the tryall and censuring of such pastors as the Generall Assembly
shall giue Commissione to visit, shall be in the hand of the said
Assembly, or such as they shall deput, qwhill farder order be taine
be the Generall Assembly.
Ordaynes Mr Andrew Melvill to penne a favourable letter to the French
Ministers qwho are to repaire within the countrie to the King’s
Majestie’s licence, assureing them of the travells of the Kirk at his
Hienes’ hand and burrowes.
Anent the continwance of the Commissione gine to Commissioners
appoyntit be the Generall Assemblie: It is resolvit, that the saids
Commissioners shall continow in that charge for ane year nixt to
come, and from thence furth, according as the said Assemblie shall
think expedient.
Sessio 13.
Concerning the appellatione interponit be the Bischop of St Androis
from the proces of the sentence of excommunicatione led and pronuncit
against him be the Synodall Assemblie of Fyfe: It was thocht meit
that Mrs Patrick Galloway and John Duncansone pass downe to the
King’s Majestie, to desyre, if his Grace think good, that certaine
of his Counsell be appoyntit, with certaine of the brethrene to be
nominat be the Assemblie, to sicht the said proces and appellatione,
before the same be brought in publick judgement and sight of the
Assemblie? His Majestie’s answer being returnit, that he agries unto
the said desyre.
Anent Commissione of Visitatione, aither the Bischop or uther: The
Assemblie declaires, that all the saids Commissiones shall cease and
take no effect in tyme comeing, without new Commissione from the
Generall Assembly to them to that effect.
Sessio 15.
Ordaynes two or three of every countrie to resort to my Lord Clerk
Register, to visit the platt of ministers’ steipends, and sicklyke of
the Presbytries, and order thereof, qwhere they may giue their advyce
and be best satisfiet. Qwhere the King’s Majestie and his houss makes
residence, it is found meit that they, with his Grace’s ministers, be
of that Presbytrie qwhere they make their residence; and the samen to
be understand of the Nobilitie, their housses and ministrie.
The Letter ordaynit to be direct to the French Ministers being read,
was thocht meit to be written over and delyverit to Monsieur Muline,
under the subscriptione of the Moderator and Clark.
Sessio 16.
Forsuameikle as, in the Conferrence, some things were thocht meit
to be proponed to the Assemblie, concernyng the matter of the
appellatione of the Synodall Assemblie of Fyfe, interponit be the
Bischop of St Androis; The Breither of the said Synodall, so many
as were present, being desyrit to remove, protestit concernyng that
actione, that the Assemblie sould proceed in forme, and take in the
appellatione with the proces, heir the alleadgeances of the appellant
and their answers, offering them readie instantly to offer; and so
accordingly to proceed and judge, utherwayes howsoever they judgit,
proceeded or sentenced in that matter, that it should be no prejudice
to their proces and sentence, nor to them, nor to the whole Kirk of
Scotland.
The breither, for the maist pairt, voited not to enter in the
rigorous discussing of the appellatione and proces forsaid, but to
be a midds therein, such as was proponit in wreit, and read be the
Moderator openlie unto them, qwhereof the tenor follows:--
If the Bischope, be his hand-wreit or personall appearance in the
Assembly, will in God’s presence deny, that ever he either publickly
professed, or meined in any sort to acclaime a supremacie, or to be
judge to uther pastors or ministers, or ever allowit the same to
have any ground in God’s word--and, if he had so done, it had been
ane error, and against his conscience and knawledge: 2. If he will
deny that, in the last Synodall Assemblie, he acclaimit to be judge
thereto, and if he did that, in that he errit, and in his superiours
behaviour and contempt of the said Synodall, and his brethren
present, and craved oversicht thereof, and promisand good behaviour
in tyme to come: 3. If he will promise to clame no farther nor he
may justly be God’s word, and according to the late conferrence,
and indevore himselfe in all behalfes to schaw himselfe in all tyme
to come, ane moderat pastor, and, in so far as may be able, ane
Bischop prescryvit be Paul, and to submit his life and doctrine to
the judgement and censure of the Generall Assembly, without any
reclamatione, provocatione, or appellatione therefrom in any tyme
comeing: For his Majestie’s satisfactione, and to giue testimonie
with qwhat good will we wold obey his Heines, so far as we might and
ought, or in our conscience we may, and for the good hope we have of
his Majestie’s favourable concurrence in building of the house of
God, and for quyetness to continow in the Kirk within this realme:
And because the proces of excommunicatione was led, and sentence
pronouncit dureing the tyme of the Conferrence, Qwhereupon his
Majestie hes taken occasione of offence, qwhilk for many good causes
war convenient for to be removeit, we will forbear to examine the
said proces, or to decyde qwhatsoever provocation or appellatione,
or to call in doubt the legalitie of the said proces, or condemn
the said Synodall; yet, for the respects forsaids, and upon good
and weightie considerationes, we hold the said proces and sentence
as unled, undecydit or pronuncit, and repone the said Bischop in
all respects so as may concerne the said proces and sentence of
excommunicatione, in the former estate he was in immediately before
the same, lykeas no proces or sentence had been led nor deducit
against him; provyding alwayes he observe qwhat hes been promised be
him in the premisses, and behave himself dewtifully in his vocatione
in all tyme comeing.
Articles ordaynit be the Assemblie to be proponit and cravit of
his Majestie.
It will please your Majestie to take some substantive order how the
countrie may, without delay, be purgit of the pestiferous sect of
Jesuites, speciallie of such as for the friendschip in the North
is hichlie authorized; who, although they have been summoned to
underly the law, and assiste summond to that effect, yet their
non-compeirance dispensed with, they friely ganging through the
countrie, meining nothing less then to depart, and Jesuites furth of
the South and furth of France repairing of new to them.
_Item_, That seing papistry abounds in the North, be reason of
the state of qualified ministers therein, for lake of sufficient
provisione and stipends, that therefore assignationes be made unto
them conformable unto the ministrie of the South, and that the thrids
there be not assignit to the Kirks of the South, qwhill their owne
Kirks be provydit sufficiently, and such as wtherwayes hes been
disponit may be dischargit.
_Item_, That judges may be appoyntit in all schyres for executione
of the acts of Parliament, made against the breakers of the Sabbath,
adulterers, and such open transgressors of God’s law.
_Item_, That in chiefe borrows-townes, there be teaching ordinare
four tymes in the week, besyde the discipline, visitatione of the
seik, ordinare to pastors and wthers charges; that two ministers be
appoyntit to such townes.
5. That order be taken how the Colledge Kirks may be servit.
6. That order may be taken for Manses and Gleibs to ministers makand
residence at Abbay Kirks, as also such as hes or shall have manses
and gleibs, may have their necessars thereto,--such as fewall and
pastorage, with feall and deviot, such as was wont to be of old.
7. That all gifts of benefices having the cure of sawles annexit
to them, disponit be his Heines _pleno jure_, and not qualified
persones presentit to them with ordinar tryall and collatione
following thereupone, may be declared, according to the king’s lawes
alreadie made, null; and that his Heines will giue new presentationes
thereupon to qualified persones, and the nullitie of the former gift
to be discussit alsweill be way of exceptione as actione.
8. That all presentationes or gifts of benefices of cure less nor
prelacies, disponit alsweill be his Majestie as a lawit patrone
wtherwayes then to qualified ministers, or in any extrordinary forme
not allowable to the commone law of the municipall lawes of this
realme, and forme observit in the Reformit Kirk of the same, since
his Majestie’s coronatione, may be annullit, and new presentations
grantit to qualified ministers--admitting the nullitie to be
discussed, alsweill be the way of exceptione as actione.
9. That all collations grantit be men that had no commissione nor
ecclesiastical functione in the Kirk, nor of that place and countrie
the tyme of the giving of the collatione, to be declarit null, and
the fruits sequestred, at the least qwhill the persones claimand
right be such collatione, be of new examined, tryed, and admittit, if
he be found worthie be them qwho shall be appoynted to that effect,
and authorized be this present Assemblie.
10. That the benefices of cure under prelacies, qwhereunto ministers
are admittit, may be frie from payment of the first fruits and fyft
penny, and may haue their signators of presentatione expede be the
Privy Seall, in his Majestie’s owne subscriptione only, and the
Secretars, without any payment or cautione found to the Thesaurer;
and such poor men as hes alreadie payit or found cautione, for
payment quhereof my Lord Thesaurer hes not already chairgit him in
his compts, to haue the same refundit to them, or dischargit.
11. Seing the default of non-depryving the unworthie, culpable, and
non-resident ministers proceeds of this, that sundrie of the bischops
hes been negligent in syndrie places; in some wther parts there is
no bischops or commissioners, and so the acts are not execute: the
Books of Modification, full of such persones as haue never schawne
themselves as ministers; That, therefore, ane commissione be gine to
ane or ma qualified persons, ministers, to sit in Edinburgh, and call
the non-residents and wthers delatit to be worthy of depryvatione,
or depryvit, qwhere there may be consultatione of learnit men had,
and the proces may be led without boast or fear.
12. It is heavilie complainit be many poor men, ministers and
readers, having personages and viccarages assignit to them for
their stipends, that they are exorbitantly and ungodlie used in
taxationes, their benefice being lang syne decayed through the want
of corps-presents, wpmost cloathes, peace fies, offerands, and such
lyke things, wswallie payit in tyme of papistrie, qwhilks was the
principall rents of many personages and viccarages; and that they
must pay the extreamitie of the old taxatione according to the rate
as rentalls war then, at least without any reliefe, qwhair the
most part of the prelates exemit from preaching or service in the
Kirk, gets the haile relief of the poor feuars and vassalls, and
that therefore there may be found more equitable order of taxatione
appoyntit for the tyme to come.
13. That it will please his Grace to cause consider what prelacies
hes vaiked since the act of Parliament made in October 1581, and that
speciall assignatione be made for sustaining the ministers of the
Kirk belanging to them, of the readiest fruits of the same Kirks,
wtherwayes the provisione according to the act to be declairit null.
14. That the Bischops, Commissioners of Argyll, and of the Isles,
may be subject to attend upon the Assemblies Generall, and to keep
their exercises and Synodall Assemblies, as in wther parts of this
realme, whilks is ane furtherance to the King’s Majestie’s obedience,
wtherwayes they appear as exeimit out of his dominione.
15. That his Majestie now yet give directione to some persones of
experience and good will, to searche, enquire, and try the trew
estate of the rentalls of all prelacies and wther benefices, at
this present, and in qwhaise default, and be qwhat occasione they
are so hurt and dismemberit, that thereafter the best remedies that
is possible may be considerit and provydit, for helping of them
hereafter, both for the weill of the King and the Kirk.
16. That his Majesty will cause the Lords of Sessione declare,
whither his Grace or the Earle of Orknay hes right to the patronages
of the benefices of Orknay and Zetland, to the effect that titles of
benefices conferrit to poor men, ministers, be not ay in danger of
annulling, upon incertaintie of the right of the patronage.
17. That no persons or stipends be put in the Book of Modificatione,
but such as the Commissioners of the Kirk shall affirme and testifie
upon their truth to be qualified persones, and actually making
residence at their Kirks.
18. That viccarage-pensioners and stawars, as they vaike, after
decease or deprivatione of the present possessors may accresce, to be
imployit to principall benefice, and to be assignit to the minister
in his living and stipend.
19. That all readers provydit of before to viccarages or stipends,
may brook the same qwhill their deceise or deprivatione; and nane to
be admittit to the title of any benefice of cure or stipend in the
Book of Modificatione in tyme coming, but qualified ministers.
20. That the haill rents of the benefices of cure under prelacies
disponit to ministers since his Heines’ coronatione, be assignit
haillie and allowit to them in their stipends.
21. That the judgement of all causes of deprivation concernyng
ministers for benefices in the second instance, shall come be way of
appellatione to the Generall Assemblie, and there take finall end,
and not before the Lords of Sessione, be way of reductione.
Sessio 17.
The qwhilk day Mr Andrew Hunter made protestation publickly in the
Assemblie as follows, viz. That in respect that the Provinciall
Assemblie of the Kirk of God, gatherit together in his name, and
halden at St Androis the 12th day of Apryle 1586, for manifest
crymes, open contumacie, hes justly and formallie, according to the
word of God and sincere custome of the Kirk of God, excommunicat Mr
Patrick Adamsone; and that in this Assemblie they take upon them to
absolve the said Mr Patrick from the said sentence, the proces not
being tryit nor heard in publick--the persone excommunicat declairing
no signes of trew repentance, neither craveing the same absolvitor
be himself nor his procurators before the very tyme qwherein they
absolve him: He therefore for his part, and in name of all uther
trew brethrene and Christians quho will be participat hereof, taks
God to record of the dealling of that provinciall and this Generall
Assemblie--protestit also before the Almightie, his holy Angells,
and Saints here convenit, that he hes no assureance of God’s word
nor of conscience, to effect, allow, or approve this his absolvitor;
and, therefore, unto the tyme he persuade his conversione to be trew
and effectuall, he cannot but hald him a man justly delyverit to
Satane, notwithstanding the said absolutione: And this protestatione,
subscryvit with his hand, he desyrit to be registrat _ad perpetuam
memoriam_, and therewithall gave in the speciall reasons moveing him
thereunto premittit to the said protestation; as the originall at
lenth bears.
Mr Andrew Melvill and Thomas Buchanane adheirit to the protestatione
made before.
Mr Patrick Adamsone subscryvit the conditions proponit be the
Assembly before at Halyrudehouse, the 20th of May 1586, with his
declaratione thereupon; for the quhilk cause the Assemblie absolvit
him, and for the quhilks causes as they are contained in the said
propositione at lenth, they declare as is above conteinit.
All ministers are exhortit and admonisched to judge charitably of
uthers, albeit there be diversitie in their opinions and votes,
remitting every man to God and his conscience; and that nane
publickly nor in pulpit quarrell or impugne the determinatione of the
Generall Assembly concernyng the appellatione from the sentence of
the Synod of Fyfe.
Sessio 18.
The brethren direct to the King’s Majestie with certaine articles,
craving present resolutione, reportit his Majestie’s answer--that
in the haill heids fand little difficultie except quhilk is notit
with his Majestie’s hand. His Grace agried that thare be Generall
Assemblies every year, once, and ofter _pro re nata_.[23]
Matteris to be intreatit in the Presbytries.
The power of Presbytries is to give diligent labours in the bounds
committit to their chairge, that the Kirk be keepit in good order; to
inquire diligently of naughty and ungodly persones, and travell to
bring them in the way againe, be admonitione and threating of God’s
judgements, or be correctione. 2. It appertaynes to them to take
heed that the word of God be purely preachit within their bounds,
the sacraments rightly ministrate, the discipline intertained, and
the ecclesiasticall goods uncorruptly distribute. 3. It belongeth to
them to cause the ordinances made be the Assemblies, provinciall
and Generall, to be keepit and put in execution. 4. To make
constitutiones whilk concerns το πρεπον in the Kirk, or decent order
for the particular kirks qwhere they governe; provyding they alter no
rules made by the provinciall or Generall Assemblies, and that they
make the provincialls forsaids privy to the rewles that they shall
make, and to abolische constitutiones tending to the hurt of the
same. 5. It hes power to excommunicate the obstinate.
His Majestie agried unto this fifth article in this manner: It
hes pouer to excommunicate the obstinate, formall proces being
led, and dew intervalls of tymes. Faults to be censured in the
Presbytrie--Heresie, Papistrie, Apostacie, Idolatrie, Witchcraft,
Consulters with Witches, Contempt of the Word, Not Resorting to the
Word, Continuance in Blasphemie against God and his Trewth, Perjurie,
Incest, Adulterie, Fornication, Drunkenness. Thir things for the
present, and further qwhill order be taken in the conferrence.
Anent particular kirks: If they be lawfullie rewlit be ministers
and sessione, they haue power and jurisdictione of their owne
congregatione, in matters ecclesiasticall to take order therewith,
and things that they cannot decyde to bring them to the Presbytrie.
Farther, it was schawne to the said Assemblie be the brether direct
to his Majestie, that his Grace declareit, That for tryall of any
sclander in the lyfe, conversatione, and doctrine of Bischopes
or Commissioners, the said Assemblie sould appoynt ane number of
brethren in every province, haveing power from the said Assemblie
to try them and take probatione, lead process therein betwixt and
the next Assemblie, if occasion sall fall out; remitting the finall
sentence and determination to the said Generall Assemblie.
The Generall Assemblie of the Kirk giues full power and commission
to certaine breither of every province to summond before them
respective, at such day and place as they shall think expedient,
the Bischopes and Commissioners, if they find occasione of sclander
to aryse be them in lyfe, doctrine, or conversatione, at any
tyme betwixt and the nixt Generall Assembly; and to try and take
probatione thereof, lead and deduce proces against them, to the
sentence exclusive; remitting finall judgement therin to the said
Generall Assemblie.
Anent Moderators of Presbytries: Qwhill farther order be taine, it
is agreit that where the Bischops and Commissioners makes their
residence, that in these Presbitries they shall be Moderators, except
in Fyfe, qwhairr, be his Majestie’s advyce, Mr Robert Wilkie is
continowit Moderator of the Presbytrie of St Androis until the nixt
Generall Assemblie.
At the suite of the Assemblie, his Majestie’s Commissioners hes
agreit that the priuiledge qwhilk the Kirk had in the sessione of two
dayes in the week for calling their actiones shall be restorit, and
John Lyndsay and Mr John Grahame to be ordinary waiters on.
Sicklyke agried, with advyce of the saids Commissioners, that James
Mowat be Solicitor for the Kirk, if Mr George Mackisone and he be
agreed.
Commissioners war appoyntit to present unto his Majestie and Counsell
the humble petitiones, complaints, articles, and heids delyverit to
them, and humblie to crave his Majestie’s answer therunto--treat,
conferre, and reasone thairupone, and upon such heads and articles as
shall be on his Majestie’s behalfe, or be his Commissioners proponit
to them; and qwhat herein bies proceidit, to reporte to the next
Generall Assemblie of the Kirk.
Anent the excommunicatione of Mr James Melvill, minister of
Kylrynnie, and certaine breither of Fyfe, be Patrick Hamiltone and
Samuell Cunninghame: The Assemblie ordayns the Presbytrie of St
Androis to take tryall in that matter, and put order to the same,
according to the qualitie of the offence.
THE ESTATE and order of the Presbytries, with the bounds
of the Commissioners, presentit be me Lord Clark of Register,
and sett downe in his Lordship’s travells, at the request of
the Kirk.
_Zetland._
Tingwell.
Qwhytness.
Vesdaill.
Qwhalsa.
Skerres.
Nesting.
Lunasting.
Brassay.
Burray.
Sandsting.
Esthting.
Sandness.
Papa.
Fula.
Vansa.
Olaberrie.
St Colme’s Kirk.
Cross Kirk.
Delting.
Olnafyrth.
Stalisla.
Fetlarre.
Hamnavoe.
Rafuiren.
Nestinzell.
Unst.
Sandwick.
Cunnigsburgh.
Cros Kirk.
Faire Yle.
Bulzesta.
Dunrossness.
_Orknay._
Kirkwall.
St Olawis Kirk.
Birsa.
Harray.
St Androis Kirk in Deirness.
Holme.
Orfare.
Stane House.
Firth.
Euie.
Randell.
Inhallow.
Stromness.
Sandwick.
Russay.
Eglissay.
Weir.
Valliss.
Flottay.
Farray.
Hoy.
Grimsay.
St Nicolas Kirk.
Marie Kirk.
Peter Kirk, in Stronsay.
Ethay.
Farray.
Ladie-Croce Kirk.
Papa.
Vestra.
Ladie Kirk.
Croce Kirk.
St Colmes Kirk in Sanda.
Schapinsay.
Ladie Kirk in Burnwick.
Peeter Kirk.
Strownay.
Burray.
All in South Ronnalsay.
_Cathness._
Weik.
Bonar.
Vaiting.
Cannisbie.
Dunnet.
Halkirk.
Skenqwhair.
Olrick.
Lathroonie.
Thurse.
Ray.
Ardurnes.
Farre.
Southerland.
Assent.
Dornoch.
Creich.
Lerg.
Roggers.
Kylmalchie.
Clyne.
Loch.
Kyldonan.
_Ross._
Kyncardine.
Taine.
Eddertaine.
Nigherbert.
Talmurecester.
Logie Eister.
Rosken.
Newmakyll.
Alvess.
Kylterie.
Linlair.
Dingwall.
Chanrie.
Ava.
Kilmuirwester.
Arthurfeir.
Foddertie.
Killernane.
Suddie.
Kinnettes.
Urquhart.
Logie Wester.
Urray.
Cullickden.
Kilmorack.
Kirk Chryst.
Kirk Michael.
Contane.
Cromartie.
Lochbroome.
Lochalsie.
Lochcarrone.
Gerloch.
Apple Croce.
Kyntaill.
Innerness.
Bowochie.
Fairway.
Croy.
Moy.
Pettre.
Brachtie.
Bravaine.
Dallarasch.
Lundichie.
Dawie.
Durriss.
Dacuss.
Bolleskine.
Vardlaw.
Conveth.
Comer.
Abertarff.
Kynnies.
Laggane.
Skyrre.
Alloway.
Rothiemurcus.
Kyncardine.
_Morray._
Forres.
Edinclachie.
Altar.
Raffort.
Ardclache.
Dollester.
Alves.
Lan Bryde.
Dyke.
Moy.
Aldearne.
Nairne.
Kirkmichaell.
Enneralloch.
Knock Ardoche.
Urquhart.
Glenmoristowne.
Ennerawine.
Douthill.
Abernethie.
Abdie.
Cromadell.
Elgine.
St Androwis Kirk.
Spynay.
Kingedward.
Eslie.
Duffus.
Owgstoune.
Dupplie.
Ruthven.
Aberloure.
Skirdurskin.
Pittenther.
Birney.
Rothes.
Urquhart.
Billie.
Kynnore.
Dumbennen.
Botter.
Elchiss.
Glasse.
Gorlay.
Drimgalgie.
Keith.
Rothiemay.
Forge.
Drumblaitt.
Murthlache.
Dumnieth.
Cabroche.
Esse.
Rynde.
Achindore.
_Bamfe._
Rathwen.
Foresken.
Durduche.
Kincallartie.
Fordice.
Cullene.
Deskfuird.
Orgowthill.
Bamffe.
Innerbundyne.
Alnethie.
Forgline.
Ennerkeithnie.
Aberchirdore.
Gemry.
Kingedward.
Turreffe.
Auchterless.
Deir.
Fetterangus.
Lundlay.
Methlick.
Tarwess.
Pettringay.
Crichmund.
Rathine.
Lunmay.
Cruden.
Slaines.
Furvey.
Allane.
Tyrie.
Aberdowre.
Fillorth.
_Aberdeene._
Logie-Buchane.
Foveran.
Balhelvie.
Auld Aberdeene.
Monycabock.
New Aberdeene.
Nige.
Banchorie.
Marieculter.
Peterculter.
Dilmaick.
Duriss.
Dyce.
Fintray.
Kintoir.
Kinellane.
Skeine.
Kinnairnie.
Ennerowrie.
Momagie.
Rothlie.
Fyvie.
Tarves.
Logie Durnoche.
Premna.
Leslie.
Dawid.
Urie.
Raine.
Kynnathmont.
Chrystis Kirk.
Clait.
Inche-Colsalmond.
Fetterneir.
Kyncardoneil.
Glentannar.
Lesmore.
Cluny.
Afuird.
Keige.
Lochinhill.
Monymusk.
Eght.
Auchindore.
Tarnatie.
Strawchin.
Birss.
Boynd.
Tulliche.
Glennig.
Abergardin.
Crathy.
Kindrocht.
Tond.
Cushnie.
Colchodistore.
Logie-Mar.
Cowter.
Migwie.
Tarlane.
Kildrummie.
Glenbutchit.
Ennernauchtie.
Kirkthock.
Forbes.
Keir.
Tillienessell.
_Meirnes and Angus._
Fitteresso.
Dunnotter.
Garvock.
Catterling.
Fordoune.
Conveth.
Kineth.
Bernire.
Rescoby.
Arbuthnot.
Benholme.
Eglesgreig.
Aberluchoch.
Glenbervie.
Fettercarne.
Newdesk.
Breichine.
Buttergill.
Killiemure.
Serminvel.
Cruikestone.
Stracatrow.
Lethnoche.
Lochlea.
Navar.
Fynaven.
Kincardrin.
Netherellie.
Kerremure.
Aberlemno.
Aldbar.
Edzell.
Drumlappie.
Glames.
Clova.
Luntrathane.
Forfar.
Restennet.
Nethie.
Kinnettles.
Tannodyne.
Essie.
Ederaritie.
Kirkbuddo.
Corchie.
Montrose.
Dune.
Eglishem.
Guthrie.
Ewie.
Dunnityne.
Lady Montrose.
Inchbracock.
Memmure.
Marie-Ettone.
Lownan.
Ennerkeillour.
Eithie.
Aberbroth.
St Vigians.
Kinnell.
Barrie.
Abirlot.
Dundie.
Maines.
Logie Dundie.
Liphe.
Ennergowrie.
Murrous.
Balumby.
Monyfurth.
Monikei.
Panbryde.
Fowls.
Langforgan.
Inchture.
Kinnaird.
Rossie.
Abernytt.
Bennvy.
Lundie.
Auchterhouse.
Teilling.
Logie.
Alloway.
Strathmartine.
Newtyll.
Navar.
Migle.
_Perth._
Malar.
Kinowll.
Kinfawns.
Scone.
Cambusmichell.
St Martine’s Kirk.
Auld Melgidge.
Kilspindie.
Reatt.
Erroll.
Inchmartine.
St Marroys.
Aberneithie.
Dron.
Dumbarnie.
Pottie.
Montcreiff.
Forgundine.
Fortiviot.
Eglismagredell.
Mowcarsie.
Dunnyn.
Rynd.
Tibbermure.
Aberdagie.
Pitcairne.
Kintaill.
Maidartie.
Methven.
Logiearde.
Roggartowne.
Collas.
Trinitie-Gask.
Findo-Gask.
_Dunkeld._
Dawallie.
Inchaddan.
Cluny.
Forthragill.
Weyme.
Kilmarwock.
Strowall.
Lud.
Ramach.
Dow.
Garntullie.
Fosse.
Logiereat.
Kirkmichell.
Mulyne.
Ardunan.
Strath-Phinane.
Kilen.
Lundyffe.
Rattray.
Cargill.
Blair.
Kapeith.
Cluny.
Brunithy.
Allicht.
Ruthven.
Glenaylla.
Kinclevine.
Monyday.
_Dumblane._
Kilbryde.
Kilmadock.
Kincardin.
Port.
Gilmahug.
Callendreich.
Lenie.
Aberfule.
Baqwhidder.
Comrie.
Strowen.
Tillieheithlie.
Muthill.
Strogeith.
Achterardour.
Aber Ruthven.
Monyvaird.
Monychie.
Fowls.
Creiche.
_Striveling._
Striveling.
Logie.
Lecrope.
Cambuskenneth.
Kippand.
St Ninians.
Kirk-in-Mure.
Lairbaire.
Dunnypace.
Airthe.
Bothkinner.
Clackmannan.
Tulliebodie.
Tulliallane.
Fossochie.
Tulliboyle.
Glendowan.
Muckart.
Dolour.
Alnethe.
Tulliecowtrie.
Fawkirk.
Slamanane.
_Fyffe._
St Androis.
St Leonards.
Dinmow.
Craill.
Kilrainnie.
Anstruther.
Pittenweyme.
Abercrombie.
Kilconquhar.
Newburne.
Largo.
Seres.
Kembock.
Dairsie.
Balmirrinoch.
Logie-Murdo.
Lewchars.
Forgan.
Cowper.
Kilmeny.
Auchtermoonsay.
Creich.
Dunbogi.
Flisk.
Monymaill.
Collessie.
Auchtermuchtie.
Ebdie.
Stramiglo.
Arngask.
Falkland.
Lathrisk.
Kirkforther.
Kirkaldie.
Scoonie.
Kennoquhy.
Markinch.
Methel.
Weymes.
Dysart.
Kinghorne.
Auchertoole.
Bruntiland.
Auchterdyrie.
Balingrie.
Leslie.
Dumfermling.
Kinglassie.
Portmuck.
Urvell.
Kinrosche.
Cleische.
Saling.
Carnock.
Culros.
Crumbie.
Enderkeithing.
Rossey.
Aberdour.
Dalgatie.
Baith.
Torrie.
_Lynlythgow._
Carden.
Bynnie.
Kinnell.
Caldercults.
Strabrock.
Eglischemachen.
Kirklistoune.
Dummany.
Torphichen.
Bathcat.
Livingstowne.
Abercorne.
Athcathie.
Kirknewtowne.
Calder-Cleir.
_Edinburgh._
St Cuthbert’s Kirk.
Corstorphine.
Halyrudehouse.
Castle of Edinburgh.
Leith.
Dudingstoune.
Halis.
Restalrig.
Cramont.
Ratho.
Gogar.
Curry.
St Catherine-in-Hopes.
Mussillbrugh.
Natowne.
Libbertoune.
Dalkeith.
Laswad.
Glencorce.
Mewill.
Newbottle.
Cockpen.
Pentland.
Pennycuik.
Month-Lawthian.
Temple Borthwick.
Caringtowne.
Clarkingtowne.
Creightoune.
Ormistoune.
Fawla.
Fintra.
Cranstoune.
_Haddingtowne._
St Martine’s Kirk.
Elstineford.
Boultone.
Bothaines.
Morchame.
Barrow.
Garvet.
Northbervick.
Gulane.
Aberladie.
Settone.
Tranent.
Pinkieclend.
Saltowne.
Keithniby.
Keithmitchell.
Dunass.
Spote.
Enderwick.
Auld Hamstiks.
Coldbrandspeth.
Aldcammis.
Qwhittinghame.
Dunninghame.
Stentowne.
Qwhytkirk.
Aldhome.
Basse.
Coldinghame.
Aittowne.
Lambertowne.
Haltowne.
Swyntowne.
Homdene.
Fischweick.
Piltoun.
Chirnside.
Bunkle.
Prestoune.
Caunell.
Simprem.
Langtowne.
Fergo.
Polwart.
Dinne.
Qwhitsone.
Mordingtowne.
Lanfurmagus.
Ellanane.
St Cuthberts.
Fowldoune.
Edrum.
Cranschaws.
Kelso.
Meychell.
St James’ Kirk.
Spreustoune.
Limpitlaw.
Ednem.
Zittame.
Lyntowne.
Marbottle.
Mow.
Hoome.
Auld Roxburgh.
Mackerstowne.
Montharnay.
Grimland.
Duillis.
Gordoune.
Stitchell.
Melros.
Lessindine.
Maxtoune.
Smatthane.
Mortoune.
Ligerwood.
Bassinden.
Hessitoune.
Lawder.
Chingclek.
Stow.
Bundane.
Langnewtoune.
Lillieschleiffe.
Selcraig.
Leindene.
Nook of Ettrick.
Rankilburne.
Askirk.
Geddart.
Crailling.
Nisbet.
Oxnem.
Ankrum.
Mynto.
Bedrewll.
Abbots Rowle.
Hopes Kirk.
Hassinden.
Cawers.
Hawick.
Viltoune.
Kirknewtoune.
Suddune.
Ekfurde.
Cassiltoune.
Ettiltowne.
Peibles.
Maner.
Ennerlethane.
Hopculcheuor.
Traquare.
Etleistoune.
Newlands.
Kirkurd.
Stobo.
Drumalcheour.
Dalvick.
Brodtowne.
Glenqwhairne.
Stralling.
Kilbuthie.
Lin.
Lantowne.
Lanereik.
Carloouch.
Pittinaine.
Cothqwhan.
Libbertoune.
Crowartoune.
Thankertoune.
Carnwath.
Robertstowne.
Carstaires.
Simontoune.
Vischtoune.
Crawfurd John.
Crawfurd Douglass.
Hartsyde.
Lamintoune.
Culter.
Velstoune.
Dunschyre.
Dolphingtowne.
Bigger.
Dowglass.
Carmichell.
Leschmahago.
Stenhouse.
_Glasgow._
Calder.
Monkland.
Bothwell.
Schotts.
Cambuschnethane.
Dalzell.
Strathaven.
Hamiltoune.
Dalserff.
Glasford.
Cambuslang.
Carmunnock.
Torrence.
Blantyre.
Kilbryde.
Rutherglaine.
Cathcart.
Givane.
Campsie.
Lunchie.
Monyabroche.
Peslay.
Neiles.
Kiberchane.
Eistwoode.
Nerriness.
Ranfrow.
Inchschinane.
Erskine.
Egleschame.
Lochquinchoche.
Howstone.
Kilmacome.
Killellane.
Enderkirks.
Dumbartane.
Caldrosse.
Bulill.
Lowss.
Kilmahow.
Rosnethie.
Kilterne.
Fintrie.
Strablane.
Kilmaronock.
Drimmen.
Balthrone.
Kirkpatrick.
Bothernock.
Inchcalcheaur.
Irving.
Perstoune.
Largiss.
Cumrie.
Kilbryde.
Ardrossan.
Kilwinning.
Dunlop.
Baith.
Stainsone.
Dalie.
Kilburnie.
Kilmarnock.
Lundene.
Kilmaves.
Stewartone.
Dreghorne.
Aire.
Alloway.
Tarboltoune.
Barnwell.
Craige.
Ricartowne.
Monktowne.
St Cavocks.
Prestick.
Dundonald.
Corsbie.
Simontowne.
Vchiltrie.
Auchinleck.
Machlen.
Kirk of Mure.
Gastoune.
Darympill.
Querltoune.
Dalmelingtoune.
Mayboll.
Kirkoswald.
Kirk Michell.
Clamonell.
Stratowne.
Kirkcudbright.
Daylie.
Girvane.
Schaschank.
Glenluice.
Inchie.
Salsit.
Kirkholme.
Lesswall.
Stanie Kirk.
Tostartowne.
Kirkmadin in Ryndis.
Wigtowne.
Qwhitterne.
Conglingtoun.
Kirkcowan.
Kirkmadane.
Sorbie.
Kirkinner.
Mochrum.
Pennynghame.
Glassertowne.
Kirkmadan in Fairnes.
Kirkcudbright.
Galney.
Dunrod.
Balmache.
Kylchryst.
Twinen.
Tungland.
Borge.
Kirkaiders.
Sandweck.
Girtowne.
Anvethe.
Kirkmabreck.
Kirkdaill.
Monygaff.
Drundennane.
Bowthill.
Geltoune.
Gilkstoune.
Kirkormoch.
Corsmichall.
Partoune.
Dalry.
Kellis.
Balmaclellane.
Drumfreiss.
Troqueir.
Terngliss.
Newabbay.
Hallywood.
Guddick.
Lochrawne.
Kirkunchean.
Kirkpatrick.
Irwing.
Kirkpatrick in the Muire.
Kirkblaine.
Cowane.
Callaroch.
Torquhorrell.
Kirkmahe.
Penpont.
Tyrewyne.
Dowrisdaire.
Kilbryde.
Mortun.
Kirkonell.
Sanquhar.
Closeburne.
Dalgairne.
Dunskyre.
Glencairne.
Lochmabane.
Muffet.
Kirkpatrick-juxta.
Johnstoune.
Wanfray.
Kirkmichel.
Trailflate.
Dongraine.
Kirkwall.
Meikledaltoune.
Litledaltoune.
Muswald.
Ruthwall.
Huttoune.
Aplegarthe.
Drysdaill.
Sibelly.
Annand.
Dronock.
Castlemilk.
Cummertries.
Lwiff.
Pennerfacks.
Trailnow.
Eglischame.
Mordenlie.
Torrie.
Kirkonell.
Caruthers.
Tonargirthe.
Gratnay.
Reid Kirk, alias Kirk Pato.
Vachope.
Cannobie.
Mortun.
Vastraker.
Stapplegratoun.
Nether Kirk of Elis.
Over Kirk of Elis.
[FIFTY-FIRST GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk, conveint at Edinburgh, the
20th day of Junii 1587, qwhair there was assemblit the King’s
Commissioners, my Lords Chancellour and Blantyre, with the
Commissioners with the Brethrene.
Exhortatione made be Mr David Lyndsay. Leets, Mr Nicoll Dalgleische,
Patrick Galloway, Thomas Buchanane, and Andrew Melvill: The said Mr
Andrew, be pluralitie of votis, was chosen Moderator, _hac vice_. At
the said Mr Andrew his desyre, Mrs David Lyndsay, Nicoll Dalgleische,
Patrick Galloway, Paull Fraser, Thomas Buchanan, Robert Pont, Robert
Bruce, Robert Craigie, Walter Balcanquall, Patrick Simsone, James
Brysone, Peter Blackburne, and Androw Hay, were nominat Assessors.
Sessio 2.
Mrs David Lyndsay and John Durie, qwho were direct to my Lord
Secretar anent his Majestie’s Commissioners, reportit, That his
Heines had nominat my Lords Secretar and Justice-Clark, qwha wald
be present and concurre as their opportunitie might serve--alwayes
willing the Assembly according to his Heines mynde, before any uther
thing, be intreatit the cause of Mr John Cowper: Nottheless, after
some reasoning, was content they sould be delayed till the morne, and
that the brether qwho are on the conferrence sould meit and reasone
something concerning that matter.
Anent the Books of the Assembly: Seing the King’s Majestie’s
Commissioners hes offerit their concurrence to the recovering
thereof, if it may be knowne in qwhais hands they are, The Moderator
desyrit the brether that could give any light in this matter, and
namelie Mr Patrick Gallaway, quho was direct in the last Assembly to
the King’s Majestie to sute the delyverance of the said Register,
and his Heines answer thereanent; qwho declareit his Majestie had
promised to cause them be delyverit. Thairafter it was testified be
John Braid, that at the last Assemblie, in his awne house, Mr Patrick
Adamsone, Bischop of St Androis, in presence of David Fargysone,
confessit where the same were, and at command obtained be the King’s
Grace, he sould cause delyver the same: Lykeas it was testified by
John Durie that he heard him lykewayes grant the having thereof:
Qwhilks testificatione being considerit be the Assembly, they
concludit that charge sould be gine against him; and for the better
advyce in that matter, direct Mr David Lyndsay to my Lord Secretar;
qwho returning with his answer, thocht meit ane supplicatione sould
be gine to the Lords of Counsell to obtaine charges against the
said Mr Patrick, and lykewayes that the Kirk sould of their awne
charges and authoritie, according qwherunto the Kirk ordaynit ane
supplicatione to be pennit, and gine to the Lords, the morne; and
sicklyke ane charge to pass from this Assembly, chargeing the said
Mr Patrick to exhibite the said booke before them, to be delyverit
to the Kirk within thrie dayes after the charge, or to schaw ane
reasonable cause why; and sicklyke to compear within the said space
personallie, to answer for his absence from this Assemblie, and to
such other accusationes as sould be layit to his charge, under the
paine of the censures of the Kirk.
Sessio 3.
All quarters sall resorte to the Assemblie every day, at the dew
houre appoynted therto, and remaine to the end every day, under the
paine of the payment of ane groat, _toties quoties_.
Sessio 4.
It was thocht expedient, notwithstanding of the ordinance made
yesternight against Mr Patrick Adamsone, for delyvering of the
Register, That before the same be put to executione, ane humble
supplication be made to the King’s Majestie for that effect, qwhilk
the breither desyrit Mr David Lyndsay and John Duncansone to forme.
Forsuameikle as there hath been ane matter of grief conceived be
the King’s Majestie againes Mrs John Cowper and James Gibsone,
movit privilie to the Moderator; It is thocht expedient be the
haill Assembly that the said cause be first privilie treattit
and considerit be the Laird of Dune, Mrs Peter Blackburne, Johne
Porterfield, Thomas Buchanane, David Lindsay, Nicoll Dalgleische,
and David Fargysone, qwham the Assembly nominat to travell, reasone,
and conferre with the saids pairties, and to sie if they can take
up the matter be their own advyce, utherwayes to propone the same to
the full Assemblie, that the matter may be heard and reasonit there;
and to that effect, ordaynit the saids brethrene to pass out of the
Assemblie, and the saids Mrs John and James to passe with them.
Seeing his Majestie is now of perfect age, and ane Parliament is
appoynted in the next moneth; It is thocht expedient that the acts
of Parliament made be oure Soveraigne Lord, his Heines’ predecessor
and Regent for the tyme, for the libertie of the trew Kirk of God and
Christ’s religione presently professit within this realme, and for
repressing of Papistrie and Idolatrie, collectit together and craved
to be confirmed; and lykewyse the executione of the saids acts may
be considerit, and what order aither excommunicatione or law shall
be desyrit against the saids Papists and Idolaters, as also such
lawes and constitutiones as are made to the derogatione of the said
libertie, or to the prejudice or stay of the course of the Evangell,
may be likewise collectit, to that effect their abrogatione may be
sought: Qwhairunto they nominat the Laird of Dun, Mrs Robert Pont,
Nicoll Dalgleische, David Lyndsay, and Paull Fraser.
Sessio 5.
The Commissione gine in the last Assemblie to the Presbytries of
Glasgow and Strivilling, anent Mr David Cunnynghame, concernyng the
sclander of adulterie with Elspeth Sudderland, or any uther persone,
is continued.
Anent the diverse and grievous complaynts of syndrie breither against
Mr Patrick Adamsone, Bischop of St Androis, at qwhais instance he is
registrat at the horne for non-payment of their stipends assignit
to them, and specially of Mrs William Strang, David Spense, Adam
Johnstoune, and uthers, of the sclander that he lyes at the horne for
not furnisching two gallons of wyne for the communione: This matter
being heavilie regraitit to the King’s Commissioners, promise was
made be the Pryor of Blantyre to communicat the matter to the rest
of the King’s Majestie’s Commissioners, qwhais advyce for redress
heirof he should report to the Assembly. As to the regraite of some
breither, that pairtly be his rebellione and lying at the horne,
pairtly be his suspensione, some divisione ryses, that certaine
resorts not to his sermones nor to the administratione of the
sacraments made be him or uther sarvice, as humiliatione--uthers
repairs thairto--so appeares some divisione qwhilk wad be redresst:
The breither thinks meet, that, before they enter herein, some answer
be reportit to the former complaint.
The matter of Mrs John Cowper and James Gibsone, be the votts of the
Kirk, was committit fully to the Moderator and Assessors to conferr,
consult, advyse, and, if they may, conclude and put finall end
thereto.
Sessio 6.
His Majestie’s Commissioners being present, thocht meit, because Mr
Patrick Adamson’s matter is civil, qwherin the King’s Majestie hes
interes, that his Grace sould be forwarnit, qwhilk the Kirk promised
to doe.
Anent the doubt proponit, if it be sclander to a Christiane to absent
himselfe from the sermones, ministratione of the sacraments, or
uther godlie exercises used be such as lyis at the King’s Majestie’s
horne, and are suspendit from all functione of the ministrie? The
Kirk answers, that there is no sclander in this cause, but be
the contrare, it is sclanderous to a Christiane to resort to the
exercises forsaid of such ane one as they know to be at the horne,
and suspendit from all functione of the ministrie.
Sessio 7.
Anent the supplicatione gine in for Gilbert Lambe and certaine in
company with him presently keepit in prisone in Citde in Spaine for
the testimonie of the truth: The Assembly ordaynes the brethren of
the ministrie universallie to recommend in their prayers the said
Gilbert in particular and his companie in generall to God, and
to crave their delyverance, if it be his pleasure, or ane finall
perseverance and constancie to the end in the trew profession of the
Evangell.
Sessio 8.
The breither of the West having admittit the Bischop of Glasgow to
the temporalitie, the Ecclesiasticall Jurisdictione being devolved be
him in the Kirk’s hand, and having receivit his obligatione thair,
in caice the Generall Assembly sould not allow of such admissione,
the same sould be undone; The haill matter being weyghit be the full
number of the breither, they universallie concludit the said forme
of admissione to be unlawfull, and ordaynit the brethren admitters,
to urge him performe the heids of the said obligatione, anent the
undoing and annulling of the said admissione.
Sessio 9.
No ministers of colledges or schooles shall receave in their
colledges or schooles, any student or schollar, being of maturitie
of age, quho refuses to subscryve the trew Religione presently
establisched and professt, be the mercy of God, within this realme,
or refuseing to participat the sacraments, under the paine of the
censures of the Kirk; and farther, before any student be promovit to
any degree in the universitie, that they shall, _toties quoties_,
as they shall be promovit, subscryve _de novo_, utherwayes their
promotiones to be stayit, under the paine forsaid; and that the
presbytries be diligent to sie the executione of this act, as they
will answer to God.
The Kirk within this realme hes advysit and found good, that the
Presbitries, together with the Commissioners in all the pairts of
the countrie, and every ane of them for their awne pairts, prescryve
to every young man that is minister within such ane Presbytrie, ane
pairt of Scripture, together with ane pairt of the commone places and
contravertit heads of Religione, to be diligently read, considerit,
and learnit be him, within such ane space of tyme as the Presbytrie
thinks good to appoynt him; and that his diligence may the better
appear unto the fruit thereof, at certaine tymes of the year, euery
Presbytrie being convenit, take ane count of the young man of his
trauells, be requyring of him in the pairt of scripture prescryvit to
him--first, the soume and deductione thereof in maner: 2. The solid
sence and meaning of these places qwhilk are most difficult to be
understood: 3. A collatione of the sentences qwhilk by reading he may
be able to gather out of that part of scripture; the qwhilk arguments
may either serve to confirme the truth, or else to refute hereticall
opiniones. As for the pairt of commone places and heads of religion
prescryvit unto him, let him be ready to answer to questionyng and
reasoning to the head thereupone, and so to be exercit in this
kynde, not for a tyme only, but from tyme to tyme, qwhill he come to
certaine maturitie and solidness in the scripture of God.
Sessio 11.
Anent the supplicatione made in name of the towne of Haddingtone,
lamenting the away-taking of their presbytrie againes the order of
the last platt made be the Generall Kirk: The Assemblie examining
the causes of the removeing thereof be the contrare, and finding the
occasione thereof to haue beene for lacke of obedience and want of
discipline, hes, at the earnest sute and craveing of Mrs Nicoll Hay
and John Ker, Commissioners for the said towne, restorit the said
Presbytrie, with condition and promise, that if there be not better
order and discipline keepit be them in time comeing nor hes been
heretofore, that the samen shall be removit, &c. The Kirk resolves
that particular sessions of kirks and congregationes are, and should
be subject to their presbytries, as hes been accordit of before be
the act of the Assemblie.
Sessio 12.
William Chillane, reider at Auchtertoole, depryvit from his office
and functione in the Kirk, in tyme comeing, for marrying William
Kirkaldie, alias Ker, Laird of Grange, with Mistres Elizabeth Lyone,
_intra privatos parietes_, without proclamation of bands; and,
notwithstanding that Elspeth Leirmonth, daughter lawfull to Sir
Patrick Leirmonth of Darcie, Knight, made lawful impediment in the
Kirk of Glames.
Sessio 13.
Mr Robert Pont was recommended by the King’s Majestie to the
bischopric of Caithness: The said Mr Robert, for cleiring himself
of sclander, declareit, that for some loss and hurt done to him, in
his trauell after diverse suits, gine in be him to the checker, this
presentatione, without procurement of him, was put in his hand; and
if the living might be brookit with safe conscience, and without
sclander, desyreit their judgement, being desyreit to be minister at
Dornoch, and to take visitatione; bot be command of the Kirk and for
his office and charge, brook the living only? The Kirk referrs the
answer to be gine to the King heiranent, to be advysit upon be Nicoll
Dalgleische, Peter Blackburne, and David Fargysone, with the said Mr
Robert.
Sessio 15.
Ane letter being direct be John Duncansone, bearing the King’s
command to the Bischope, for delyverance of the books, at leist
four of them, and that Mr George Young was stayit qwhill the saids
books should be delyverit: The Kirk immediatly directit Mrs James
Nicolsone and Alexander Rawsone to my Lord Secretar, to the effect
the samen might be presentit; and, after their directione, and
reiterat direction of their breither, Mr Andrew Melvill and David
Lyndsay, Maister George Young presentit to the sicht of the Kirk
ffyve volumnes of their Acts, whereof a great pairt being mankit;
and, after the sicht thereof, being redelyverit to the said Mr
George: The haill brethren ordaynit ane heavie regrate to be made to
his Majestie, in article, lamenting the away-taking and mutilating
of the saids books, and to crave that the samen may be restorit; and
also, that the saids books may be delyverit in the Kirk’s hands, to
remain with them as their awne Register; namely, in respect of the
answer returnit from my Lord Secretar, that his Majestie’s will was,
that the Kirk sould have inspectione thereof as they have had adoe
presentlie, and giue them up again.
Ane letter approvit be the Assemblie, and direct to his Majestie,
anent Mr Robert Pont’s matter: tennor thereof:--
Sir,--Let it pleise your Heines; We have receavit your letter
willing us to elect Mr Robert Pont to the Bishoprick of Caithness,
vaickand be decease of umquhile Robert Earle of Marche, your Heines’
uncle. We praise God that your Majestie hes ane good opinione and
estimatione of such a persone as we judge the said Mr Robert to be,
qwham we acknawledge indeed alreadie to be a Bischope according
to the doctrine of St Paull, and qualified to use the functione
of ane pastor and minister at the kirk of Dornoche, or any uther
Kirk within your realme, qwhan he is lawfully callit, and worthy
to have ane competent living appoyntit to him therefore; as also
to use the office of a Commissioner or Visitor in the boundes of
Caithnes, if he be burdenit therewith. But as to that corrupt
estate or office of them who hes been termit Bischops heretofore,
we find it not agreeable to the word of God, and it hes been damnit
in diverse uthers our Assemblies; naither is the said Mr Robert
willing to attempt the samen in that manner: the qwhilk thocht good
to signifie unto your Majestie, for answer unto your Heines’ letter
of nominatione, and have ordaynit our breither to be appoyntit
Commissioners to awaite upon the nixt Parliament, to conferr with
your Heines and Counsell, if neid beis, heirupone. This, after
offering our humble obedience, we earnestlie wische the Spirit of the
Lord to assist your Heines in all godlie affaires. From our Generall
Assemblie, the 28th of Junii 1587.
In respect of diverse conclusions of before, with the daily practise
and examples sinsyne, the questione being reasonit _de novo_, If
suspensione of ane minister from the functione of the ministrie for
a tyme, for just causes, be repugnant to the word of God, or no?
It is found that the samen agries with the word of God and his
scriptures, and therefore the acts made thereanent before, to stand
in full strength, and not to be callit back againe in any wayes.
Sessio 16.
It is concludit that all pastors, of qwhatsomever sort they be, shall
be subject to the censures and tryell of their breither, alsweill
of the Presbytries as Synodall and Generall Assemblies, concernyng
their lyfe, conversatione and doctrine; and such as refuises the
tryell and censure, that the saids Presbytries, Synodall and Generall
Assemblies, proceed against them.
John Erskine of Dune, Mrs Robert Pont, Andrew Melvill, David Lyndsay,
Thomas Buchanane, Andrew Hay, Robert Bruce, John Robertsone,
Alexander Lawsone, Robert Grahame, Patrick Gallaway, David Fargysone,
Nicoll Dalgleische, John Porterfield, James Andersone, John
Duncansone, Adam Johnstone, Walter Balcanquall, Andrew Clayhills, and
John Brand, or any thirtiene of them, were ordaynit Commissioners to
the Parliament.
Mr Andrew Melvill was ordayned to penne a favourable letter to the
ministrie in Danskine, congratulating their embraceing of the trewth
in the matter of the sacrament.
THE KING’S MAJESTIE’S FIVE ARTICLES.
1. If any controversie be, concernyng the Bischope of St Androis,
that it be reasonit in his Majestie’s presence.
2. That the Bischope of Aberdeene be not intrestis[24] his
jurisdictione and living, but the same to be exercit be himselfe,
because the alleadgit sclander, qwhereby he was damnifyit of before,
is sufficiently tryit and removit.
3. Concerning James Gibsone and Mr John Cowpar, that they acknowledge
and confesse their publick offences and sclanders against his
Majestie, and satisfy therefore as he shall think good, or utherwayes
be depryvit from all functione in the Kirk.
4. Concernyng Mr Robert Montgomrie, that he be receavit, without
farther ceremonie, to the fellowschip and favour of the Kirk.
5. Concerning the Laird of Fyntrie excommunicat, qwhilk was somewhat
extraordinary, to be null.
INSTRUCTIONS to the Commissioners appoyntit to wait on
the Parliament.
1. As concernyng the King’s Majestie’s Articles: In the first two,
let the judgement of the Kirk be followed and notified to his
Majestie. As to the third, they shall travell by all good meanes
possible to prease his Majestie in this matter, and bring it in
oblivione; and failzieing thereof, in case they shall finde any good
assured hope that the Kirk’s Articles shall be weill looked upone,
and grantit to passe in Parliament, they shall prease to bring the
matter in such ane mids as may best agrie with the honor of the
ministrie, satisfying the offence of the godly and conscience of the
brether themselues, against wham his Majestie hes taken offence,
as may be that in speciall qwhilk his Hienes’ Commissioners send
in wreit to ane of the saids brether, utherwayes, if they be urgit
to the Articles as it stands, they shall leave the matter haill,
and frie to be tryit be the Generall Assembly. As to the 4th, they
shall dispence with Mr Robert Montgomerie in some ceremonies used
in repentance, in case they find his Majestie willing to remitt
somewhat of the rigour of His Majestie’s satisfactione cravit of the
two brethren, be qwham he finds his Majestie offendit. As to the
5th, concernyng the Laird of Fyntrie, they shall schaw his Majestie
that the Kirk hes appoyntit certaine of their brethren to sie qwhat
effect the dealling of them that was appoyntit in the last Assemblie
hes taken with him, and to travell farther be all good meanes with
him to bring him to repentance to the bosome of the Kirk, qwhairby
that sentence may be in very deed annullit: they shall admitt nothing
hurtfull or prejudiciall to the discipline of the Kirk, as it is
concludit according to the word of God in the Generall Assembly
preceding the 84 year of God, but precisely seek the samen to be
ratifyit and allowit, if possible may be; and finally, in all let God
be feared, and a good conscience keepit, in procureing the weill of
the Kirk, and taking away all impediments contrare thereto.
The next Assembly at Edinburgh, the first Tuesday of July.
[FIFTY-SECOND GENERAL ASSEMBLY.]
Att Edinburgh, in the New Kirk, the 6th of February 1587 (1588.)
Exhortatione made be Mr Andrew Melvill. Leitts, Mrs Thomas Buchanane,
Peter Blackburne, Patrick Galloway, Robert Bruce, and Nicoll
Dalgleische: The said Mr Robert was chosen Moderator, _hac vice_.
The haill Kirk hes desyrit the King’s Majestie’s Commissioners, the
Mr of Lyndsay, my Lord Ochiltrie, the Laird of Lochlevine, and the
Constable of Dundie, the Tutor of Pitcurre, the Lairds of Kylluchie,
Capringtoune, Qwhyttinghame, Mr John Lyndsay, Senator of the Colledge
of Justice, John Johnstoune, Commissioner of Edinburgh, Alexander
Scrymgeour, Commissioner of Dundie, William Menzies, Robert Pont,
David Lyndsay, Andrew Melvill, Thomas Buchanane, Peter Blackburne,
and William Chrystisone, to concurr with the Moderator in advyseing
of speciall matters to be concludit.
Forsuameikle as this Assembly being extraordinary convenit for
the great dangers appearing to the Evangell within this countrie,
qwhilks, in a part, war declared be the Moderator: It was proponit
in deliberatione qwhat sould be the readdiest way to quensche the
present fyre of Papiscie kindlit throughout all the countrie; and
because the propositione was of great weight, the Assemblie requyrit
the Barrones and Gentlemen for their part, the Commissioners of
Burrows on the 2d part, and the Ministrie on the third part, to
conveene themselves apairt, advyse and propone their advyce to the
Moderator and his Assessors the morne, such mids as they find offerit
to them; and, for farderance thereof, ordayns Mrs Peter Blackburne
and Hew Fullertone to give informatione of the evidents thereof
in thair countries; injoyning farther to the haill breither and
Commissioners of the countries to give in their declarationes of
Papistrie and Jesuites in wreite the morne to the Assemblie.
Sessio 3.
The advyce of the Noblemen and Barrones was presentit to the
Assemblie, read, and be commone consent thought meit; allwayes
first, it seemed good that Archbald Earle of Angus, my Lords
Marschell, Marre, Ochiltrie, and Sinclare, the Lairds of
Coldounknows, Lochlevin, the Tutor of Pitcurrie, the Constable of
Dundie, Alexander Scrymgeour, John Adamsone, Mrs David Lyndsay,
Patrick Galloway, David Fargysone, Robert Pont, and Peter Blackburne,
to conferre with his Majestie upon the same head as they shall be
advertised from the Chancellour.
The AVYCE of the Noblemen, Barrones, and Gentlemen anent
the purging of the land of Idolatrie and sedicious intysers.
1. That the Lawes of the countrie be without delay execute against
all Jesuites, Seminarie Priests, Idolaters, and maintainers thereof,
and for that effect every man, alseweel of the gentlemen as of the
ministrie, here assemblit, shall, as they will answer to God, and as
they tender his glory and the weill of his Kirk, giue up presently in
catalogue, to the Moderator and Clark, the names of such as they know
and esteem to be Jesuites, Seminarie Priests, traffiquers against
religione, receivers, intertayners or mayntainers of such persones:
the qwhilks names shall be gine to Sir Robert Melvill, Thesaurer,
quha hes promised within 48 houres thereafter to dispatche summonds
upon them all. 2. Seeing the danger cravit be the saids persones is
imminent, and the formall executione of the Lawes will requyre a
longe proces of tyme, his Majestie and Counsell earnestly to soliscit
and urged to provyde incontinent some extraordinary remedie for the
extraordinary danger, and execute the Lawes without delay upon the
chiefest of the Jesuites and thair maintainers, doing as if treasone
war intendit against his owne persone and crowne. 3. If the Assemblie
shall think expedient, the saids Noblemen, Barrones, and Gentlemen
presently assemblit, shall gang togither to his Majestie, and regrait
the cause of the Kirk and commonweill to his Heines, and the dangers
wherein the libertie of this realme, their lyfes and consciences
stands into, be the craft of Jesuites and traffiquers, qwho hes
seducit and steirit up enemies, both intestine and forraigne,
to bereave them of the same, and offer themselves, their lyfes,
lands, and friends, to be imployit at his Majestie’s pleasure, for
preventing their most dangerous attempts and bloody devyses.
Sessio 5.
All ministers within their awne bounds war exhortit to travell
earnestly with their parochiners, and informe them of the necessitie
of the exiled brethren in France for the religione, that they may
be supportit: Ordaynes Mrs Robert Rollock, Andrew Melvill, Thomas
Buchanane, and Peter Scharpe, to visite the reply made be Mr Peter
Blackburne to Mr James Gordowne.
Sessio 6.
The Lords direct to the King’s Majestie reportit they had conferrit
concernyng Papists, planting of kirks, discipline, and the poore,
and receavit good answers, as, namely, that there was mair mister of
executione against Papists nor advyseing, and that his Heines was
glad of the solemnitie of their Assemblie, and before the discovering
thereof desyrit they sould resorte to him, qwhere they should hear
farther of his good will: yet because there was many particulars
qwhilk under generalls, his Grace had appoyntit sax of his Counsell
to conferr with so many as the Kirk on the other syde sould appoynt
the morne. The Assembly nominat for the part of the Kirk, the Lairds
of Wedderburne, Culluchie, Capringtoune, Ormistoune, Whittingham,
John Johnstoune, Alexander Scrymgeour, William Menzies, Oliver
Peebles, Mrs Robert Pont, Andrew Melvill, David Lyndsay, Peter
Blackburne.
Sessio 8.
The Assemblie direct the minister of Dysart to charge Mr Patrick
Adamsone to compeir personallie before them, and to crave his awne
petitione anent the supplicatione of Mr Robert Montgomrie. The Kirk
having taken consideratione of the proces laid against him, and
circumstances of that matter, ffinds he may be admittit Pastor over a
flock qwhere he hes not been sclanderous, provyding that he be found
qualified in lyfe and doctrine.
Sessio 9.
The Chancellor being present, desyred the breither to wey if James
Gibsone had not offendit the King’s Majestie,--not only that he
had uttered in his sermone thir words following againes the King’s
Majestie, viz. That he weined that James Stewart and Lady Isobell
and William Stewart had been the persecutors of the Kirk; but now he
finds be experience that the King himselfe has been the persecutor;
as Jeroboam, for erecting of idolatrie and permitting thereof, was
the last of his posterity, so he feares if he continued, he sould
conclude his race.--But also, that he, acknowledging to the brethrene
of the Conferrence that he had offended his Grace, he promised to
make satisfactione, and had fealed and broken promise; for after
calling of the said James, quho compeared not, my Lord Chancellour
desyred the Moderatour to put to the vote of the Assembly if the
words aboue specified were offensive: Quho, in respect that non
offerit any reasone against the samen, proponit the same termes to
them, quho for the maist pairt votit affirmative, the samen words to
be offensive.
Sessio 10.
Anent the forme of Repentance prescryvit for adulterers, homicides,
and uther crymes, qwhereof the satisfactione, of before, be acts of
the Kirk, was made before the Synodall Assemblie: Sieing in many
pairtes of the countrie the penitents at such tymes of the year when
Synodall Assemblies are halden are in lawfull traffecking out of the
countrie; It is found expedient in tymes comeing, qwhere Presbytries
are weill orderit and establisched be judgement of the Synodall
Assemblie, the saids penitents shall performe universallie throw the
realme, their satisfactione before the Presbytries, in such forme
as they were accustomit before the Synodalls, utherwayes, where the
Presbytries are not yet constitute be the judgement of their Synodall
Assemblie, the accustomit order to be keepit.
Sessio 11.
Forsuameikle as, James Gibsone being present, was summoned be the
voyce of the Moderator to be present afternoone, to hear the matter
concerning him reasonit, and as it was testified be diverse of the
brether, qwha satt near him, and heard, he promised to compeir; and
yet being oft tymes callit and compeirit not, the Assemblie finds him
contumax for not compeiring, nor sending any reasonable excuse of his
absence.
Sessio 13.
The Assembly present, adviseing with James Gibsone’s matter, for the
most part votit and adjudgit the said James to be suspendit from his
office and functione of the ministrie, during the will of the Kirk.
Sessio 15.
The humble SUTE of the Kirk, presentlie conveint at the
Generall Assemblie, to the King’s Majestie:--
SIR,--Your Majestie remembers the cause of conveining this
Assemblie at your Heines’ command, qwhilk consists principallie in
two poynts--ane for suppressing of Jesuits quho are enterit in this
realme, and practises with their complices to subvert the sinceritie
of religione, presentlie professed within the samen: ane uther to
provyde such meins, that in tyme comeing, such dangerous interpryses
may be avoydit and eschewit.
As to the first, we humbly craue--1. That some of the principall
Jesuites and uthers shall instantly be taken order with, to give
example to the rest, viz. Mrs James Gordoune and Williame Crichtoune,
quha are instantly in this toune, that they may be incontinent callit
before your Heines and your Councill, and there to be declareit to
them how thair lyves are in your Majestie’s hands, for contravening
your Majestie’s lawes, and yet of your Grace’s clemency, does spare;
chargeing them in the meane tyme within the towne of Edinburgh unto
the tyme of the passing away of the first schippes that shall depart,
qwherin they shall be enterit and send away; and that it be denuncit,
that in caice they returne at any tyme hereafter, in this realme,
without your Heines’ licence, the law shall be execute against
them to death, without any further proces:--Next, that the Lairds
of Fintrie, Glenberve, younger, and uthers excommunicat Papists,
shall be gine up in bill, callit before your Heines and Councill,
and such things layde to their charge, as they are culpable off,
according to the laws and acts of Parliament, that the penaltie
thereof may be execute against them, and such as are apostats from
the trew religione, qwhilk ance they embracit, be callit in lyke
manner and punischit. 3. That summonds be presently direct against
all receiptars of Jesuites, Seminarie Priests, and traffiquers
against trew religione, and lykewise to summond witnesses, be
qwhais depositiones they may be convict of the crymes forsaid; and
in speciall, that such as are of the estate, and are culpable of
apostasie or papistrie, shall on no wayes be sufferit until the tyme
they haue satisfied alsweill the Kirk as his Majestie and estate:
And, generallie, that all Noblemen whatsomever, without execptione,
knawne maintainers of Papists, or enterprysing any thing contrair
the trew religione, shall either be put presently in ward, or exylit
the countrie.
Anent the planting of kirks, this is our advyce unto your Majestie,
that Commissioners be direct from your Majestie and this Generall
Assembly to the north and south parts of the countrie, to visite
and plant ministers where need requyres, suppressing of papistrie;
having commissione and power alwayes of your Majestie and the Kirk to
call before them, all that are suspect of perverting trew religione,
or revolting therefrae, and to doe all wther things necessar for
reformatione of those partes: And because the said wark cannot pass
fordward, unlesse there be provisione made alsewell for Commissioners
of the Kirk as ministers to be planted in necessare places, that
certaine be deput from the Counsell and certaine of the ministrie,
to conveen with all good expeditione, and sicht the rowmes of the
thrids, that it may be considerit qwhat may be spared to that effect;
and where the said thrids has been abused in tymes past, to sie how
the samyne may be reformit, and that the act made for dischargeing
of pensiones out of the thrids and superplus, and proclamatione past
thereon, may take full force. Lykewayes, giving power to the saids
Commissioners to reforme colledges and schooles; and where the rent
thereof is abused, to put convenient remedie thereto, and where it
may not serve, to sie how it may be helpit, and that sufficient men
be placeit in the rowmes of idle-bellies, and to depose them from
the office of the ministrie, and from their benefices, all such
as shall be found vnworthie or sclanderous in lyfe or doctrine,
alseweill bischopes as wthers: That it wald please your Majestie to
take some solide order that the lawes made for punischment of vyce,
and Commissions appoynted thereanent, may take some good effect: And
last, that order may be taken with the poore that wanders up and
doune the countrie without law or religione.
GRIEVES of the Kirk given in to his Majestie.
1. It is an exceeding great griefe to sie Jesuites, Seminarie
Priests, &c. to be sufferit to pollute this land with idolatrie, to
sie practisers and traffiquers against the trew religione and the
libertie of this realme to be receipt and maintained, and receipters
and maintainers of both the ane and the wther so to abound every
where, and not only to be tolerat _impune_, but also to have speciall
credite, favour, and farderance, at Court, in sessione, in all their
affaires, and the trew word of God contemptuouslie despysit be the
multitude, his holy sacraments horribly profaned be privat, corrupt,
and unlawful persones--the discipline nothing sett by, the persones
of the ministers and office-bearers shamefully abused, themselves
beggerit, and their families hungerit, and yet neither the lawes
againes idolatry and vyce, nor the lawes for the libertye of the Kirk
dewly execute, as may be seen in the particulars following: About
Dumfries, Mr John Durie, Jesuite, seducing and preaching under the
name of Mr William Lang, qwho, with his complices, had masse within
Dumfries, before Pasche and Zoole last was: The Lord Herreis, the
Laird of Kilqwhamlay, the Goodman of Drumrischie, Mr Thomas Maxwell,
Commissioner, John M‘Gie, Commissar Clark, John Bruce, merchand, John
Rege, Notar, Paull Thomsone, my Lady Herreis, elder and younger, my
Lady Mortoune, the Lady Tweddall, Papists, apostates, maintainers and
profest favourers of Jesuites. Captain Horslinger does no lesse hurt
in Drumfries nor the Jesuites; no resorting to the hearing of the
word, nor discipline, superstitious dayes keepit be plaine command,
and controlling of the deacones of the crafts--all superstitious
rytes at Zoole and Pasche--no kirks plantit sufficientlie.
_In the North._
Mrs James Gordoune, Edmond Hay, Alexander MacWhirrie, John Scott,
Alexander Meldrum, Arthure Pantone, Jesuites, makes residence
chieflie in Moray and Strabogy, but seduces every where in Buchane,
Garrioch, Aberdeene, Marre. They repaire commonly with Airth, Laird
of Leslies, elder, Androw Harvie and his mother, Andrew Leslie of the
Peill, excommunicat for Papistrie, the Chancellor of Auld Aberdeene,
and to young Glenbervie, excommunicat, where they have their house
mass at their pleasure, and their publick mass erectit in the Laird
of Leslie’s chapell, with twa idols above the altar, and there hes
married two common adulterous harlots, Andrew Proctor and Janet
Wilsone, qwha wald never give obedience to the Kirk. _Item_, Mr Peter
Blackburne is compellit to desist from visitatione, bee diverse
charges of the King’s letters, purchast be the Bischop of Aberdein.
_In Ross._
Mr John Leslie restorit to the bishopric of Ross, in the last
Parliament, Mr Alexander Leslie, persone in Kinkin in Ross, newly
providit, an excommunicat Papist, in the Presbytrie of Aberdeene,
Sir Donald Simsone, profaner of baptisme, and abwser of marriage.
_In Caithness._
The Earl of Sutherland, with his Ladie and friendes, Papists,
vehemently suspect lately to have had masse, and contemners of the
word and sacraments.
_In Mearns and Angus._
William Dowglass, sonne to the Laird of Glenbervie, hes caused
unbeset at syndrie tymes, Mrs George Gladstanes and Andrew Myllne,
with armit men at their house, and lying in wait for them about
their houses, and were not the relief of God and good men, had taken
their lyves. In the west part of Angus, Patrick Lord Gray under
proces of excommunication, Mr Thomas Gray excommunicat, Sir John
Fyfe, Priest in Langforgund, David Grahame of Fyntrie excommunicat,
James Grahame his brother a Papist, Thomas Abercrombie of Middel
Gowrdie, haveing subscryvit, communicats not, but continues ane
commone reasoner against the religione--a defender of Papistrie--a
receiver of Jesuites. Patrick Lyndsay, brother to the Laird of Wame,
ane reasoner against the truth in every place. Mr Clark, servant
to the Lord Hoome, Mr George Hetley, minister at Abernyty, cruelly
invadit be Thomas Boyd, and in redding of them ane man slaine.
Fyft, No resorting to the Kirk in many places: their kirks ruinous
and destitute of pastors and provisione in many places. There is
superstitious keeping of Zoole, Pasche, &c. The Lords of Session
keeps not their ordinar dayes, Wednesday and Fryday, for calling of
the ministers’ actions. Mr Thomas Dowglas, minister of Logie, was
cruelly invadit be John Forret, brother to the Laird of Forret. The
Abbacie of Dumfermling gine to the Earle of Huntly, qwherunto he and
the Papists with him resorts. The Bischop of St Androis continows
in giving of collatione of benefices to unworthie persones, viz.
Mr William Thomsone, persone of Flisk, Mr Androw Allane, viccar of
Lewchars. The said Bischop withhalds from Mr David Spence ane haill
year’s stipend; and notwithstanding he hes beene at the horne, can
get no payment nor order of him.
_In Lawthiane._
Syndrie Papists, priests, confessing themselves to have said masse
and preachit papistrie in this land, being apprehendit be the
Magistrats of Edinburgh and putt in ward, are sett at libertie
without any punischment or satisfaction of the Kirk, viz. Mrs
Alexander M‘Whirrie, James Settoune, John Scott, and uthers.
_In Merss and Teviotdale._
My Lord Hoome, the Laird of Edmestoune, with uthers principall men
in the countrie, corrupt in religione, and the said Lord latting his
awne kirk ly waist, and mayntaining Mr Androw Clark, enemy to the
Gospell and ministers thereof: the haill people readie to revolt
because they sie the Prince careless thereof, as they say. Sir John
Bennet excommunicat for papistrie. The Lady Farnyhirst, the Lady
Mynto, quho horribly usurpit the ministratione of the Supper of the
Lord upon Pasche day with bread and water. The Lady Rydder.
_In Striveling._
Walter Buchanane, sonne to the Goodman of Auchinprior, and a Flymis
woman his wyfe, indurat Papists, and hes causit a priest lately
to baptize their bairne. Helen Hay, maistress of Livingstoune,
ane malicious Papist. The Sabbath there is every where abused and
profained: the kirks evill plantit; scarcely three hes ministers.
Superstitious ceremonies, pilgrimages and Christ’s wells, ffasting,
bainfyres, girdls, carrells, and such lyke.
Mr John Cowpar having resolvit that he is willing to accept the
charge of the congregatione of Glasgow, the Assemblie ordaynes him to
be admittit be the Presbytrie thereof.
Anent the disputs had betwixt Mr James Gordoune and Peter Blackburne,
committit to the review of Mr Androw Melvill and certain breither:
The said Mr Androw reportit, That on the pairt of the said Mr James
and the enemies, they find great diligence and sophistrie--alwayes
praised be God for the knowledge gine to their brother, in qwhais
answer they had found solid judgement and great light, to the praise
of God and the overthrow of the enemies.
Sessio 15.
All Ministers within their paroches with all diligence shall
travell with the Noblemen, Barrones, and Gentlemen, to subscryve
the Confession of Fayth, and to report their diligence to the nixt
Assembly.
Sessio 16.
Mr Patrick Adamsone, Bischop, is convict of transgressing the Act of
Conferrence, and is declareit to have incurrit deprivation fra his
office of commissionarie, and Mr Thomas Buchanan placit in his rowme
quhill the nixt Assembly.
Ane generall fast is appoyntit universallie to be keepit the first
twa Sondayes of July: The causes qwhereof, 1. The universall
conspiracies of the enemies of the trewth: 2. The flocking hame of
Jesuits and Papists: 3. The defection of the multitude from the
truith: 4. The conspiracies intendit be great men against the same,
intertayners of the Jesuites and Papists: 5, The coldness of all:
6. The wrack of the patrimonie of the Kirk: 7. The abundance of
bloodscheds, adulteries, incests, and all kynde of iniquitie, with
many uthers quhairof the particular kirks hes their experience.
[FIFTY-THIRD GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk conveint at Edinburgh, in the
New Kirk thereof, and begune the 6 of August 1588, quhere was
assemblit the Commissioners and Brethrene.
Exhortatione made be Mr Robert Bruce. Leitts, Mrs Robert Pont, Thomas
Buchanane, Nicoll Dalgleische, and James Robertsone: Be pluralitie of
vots the said Mr Thomas was chosen Moderator _hac vice_.
The Kirk nominated Mrs Robert Bruce, Robert Pont, David Lyndsay,
John Robertsone, John Keith, Peter Blackburne, James Balfoure,
Robert Hepburne, John Durie, James Robertsone, James Nicolsone,
Andrew Melvill, David Fargysone, James Andersone, Andrew Young,
Andrew Milne, Andrew Hay, John Porterfield, George Gordoune, John
Clappertoune, Andrew Clayhills, the Maister of Lyndsay, the Laird
of Lochlevine, the Lairds of Elphingstoune and Kerss, and John
Johnstoune, Assessors.
Sessio 2.
It is thought expedient that, in the frequencie of this Assemblie,
the most necessar things be first handlit, concernyng the present
danger imminent to the Kirk within this realme, and to the common
weall thereof, be the arryvall of Spainʒards and Barbars; as also
the danger and decay of religione be the raritie and povertie of
ministers of the Evangell: The Kirk hes thocht for their pairt ane
dewtie in this behalfe, that ane fast be proclaimit the morne be the
ordinary teacher in the Kirk of Edinburgh, to be continowit in the
said toune the whole week.
Sessio 3.
Forsuameikle as, universallie throughout this realme, there is
neither religione nor discipline with the poor, but the maist
part liues in filthie adulterie, incest, fornicatione, bairnes
unbaptized, and themselves never resorts to Kirks, nor participats
the sacraments: Therefore it is thought expedient that all ministers,
in their paroche kirks, shall make intimatione, and denunce to all
poor that aither be parochiners or resorte to them, having women
and bairnes, that if they report not sufficient testimoniall of
their marriages, and baptizing of their bairnes, so many as hes
wyfes and bairnes; and sicklyke, where they have participat the holy
communione, that they will be refuisit of their almes at the hands of
all good and charitable persones: exhorting also their parochiners
that they rather extend their liberality to such as be of the
household of ffayth, and having discreit judgement in giving any such
persones of their almes, that gives not evidence to them as said is.
Anent the citatione direct to the Moderator of the Generall Assembly
against Mr Patrick Adamsone, callit Bischop of St Androis, makeing
mentione, that forsuameikle as be ane act of the Presbytrie of
Edinburgh it was ordaynit concernyng the marriage of George Earle
of Huntlie, that his bands sould be proclaimit upon his agrieing to
subscryve to certaine articles of religione profest in this realme,
qwhilk he did subscryve; and under hope that he sould subscryve the
rest before his marriage, ane inhibition was made according to the
tenor of the said act, to diverse of the ministers, and speciallie
to the said Mr Patrick, that nane of them sould take in hand to
celebrate the said marriage, unto the tyme the said Lord Huntlie
agrie to subscryve the Confessione of the Fayth, containt in the
acts of Parliament; with certificatione to them and every one of
them, if they failzied herein, they sould be callit for disobedience
to the voyce of the Kirk and Generall Assemblie, and punischit
therefore, as accords: Notwithstanding of the said inhibitione,
the forsaid Mr Patrick proceidit to the solemnizatione of the said
marriage, and celebrate the same upon the 21 day of July instant;
disobeying thereby the foresaid inhibitione and admonitione; as the
said citatione beares: Qwhilk being callit, and the said Mr Patrick
compearing be Mr Thomas Wilsone, his procurator, qwho producit ane
testimoniall of his sickness, subscrivit be the doctor, Mr Robert
Nicoll, and twa of his bailzies, requyring that the breither wald not
disquyit him in his sickness, they fand the said testimoniall not to
be sufficient.
Sessio 5.
The Kirk being informit that there is a ane schip arryvit lately
in this Firth from Dunkirk, suspect to be ane spie, out of the
qwhilk ane man, as appears of some mark, is landit; they, with the
Counsell present, desyrit the provest and bailzies to man the schip,
take the men and keep them qwhill his Majestie come over; yet it
is reportit they refuise, in respect it will be ane hinderance to
their traffique: The breither thinks it meit that Mrs Robert Bruce,
Andrew Hay, and Andrew Melvill, pass to the Chancellour to let him
understand of the said answer, and offer unto his Lordship their
concurrence to request the towne.
Forsuameikle as in no countrie qwhere any religione is allowit, it
is permittit that the deid be buried in the kirks, and that albeit
inhibitione hes been diverse tymes made for avoyding of that abwse,
yet the acts and constitutiones of the Kirk are dayly broken:
Therefore the Kirk inhibits that any persones in tyme coming be
buried in the kirks, and that no minister give consent thereto, but
directly oppone thereto; certifying such persones as shall be the
authors and inbringers of the dead unto the saids kirks, they shall
be suspendit from the benefites of the Kirk, qwhill they make publick
repentance therefore; and the minister that giues his consent, or
discharges not his conscience in opponyng thairto, shall be suspendit
from his functione in the ministrie: And to the effect this act
may haue the better executione, supplicatione shall be made to his
Majestie that ane ordinance may pass be his Heines and Counsell
discharging the said buriall within kirks, and such lyke erecting of
tombes, and laying of troches in kirkyards, under such paines as his
Heines and Counsell pleise to devyse.
Forsuameikle as sen the last act of Annexatione, his Majestie hes
transferrit the right of the patronages of diverse benefices, from
his Heines to temporall men, as Earles, Lords, Barrones, and wthers,
and hes annexit the same to their lands; of qwhom some hes gotten
confirmatione in Parliament, wthers hes obtainit the same sen the
Parliament, and the third sort hes gotten gift of the naked patronage
alanerlie, to the evident hurt of the haill Kirk: Qwherefore it is
thocht good, that his Majestie be intreatit be earnest sute, that
the saids dispositiones authorized, as said is, be Parliament, may
be brought back in the next Parliament, and such wthers as hes been
grantit sen the said Parliament, in lyke manner may be annullit: and
in the meintyme, that it may please his Majestie to close his hands
from disponing the said right of patronage, and transferring of the
same from his Majestie, qwhilk remayneth as yet undisponit; and that
his Majestie will provyde that the Commissioners and Presbytries to
qwhom the collatione of the saids benefices pertayns be not processit
or hornit for not giving admissione thereupone: Inhibiting in the
meantyme all Commissioners and Presbytries, that they on no wayes
giue collatione or admissione to any persones presentit be said new
patrones, as is above specified, unto the next Generall Assemblie.
Anent the supplicatione given in be James Gibsone, desyring that he
may be hard to purge himself of the contumacie for non-compearance
in the last Assemblie, and to repone him in his awne functione:
the Kirk thought it expedient that he should declare the cause of
his non-compearance before the breither of the conferrence; quha
reportit that he declareit his conscience, the cause of his absence
was never rebellion, stubbornes, nor evill will, but only in respect
of the good affection he had to the will of the Generall Kirk, being
informed that if he had compeired, and had not bein punischit,
the matters of the Kirk wald be casten off: Qwhilk reasone being
considerit be the breither, they thought the same sufficient to purge
him of contumacie.
Sessio 6.
Compeirit Mr Alexander Forbes, minister and persone of Fattercarden,
and in presence of the haill Assemblie, ratified ane promise qwhilk
before he made in presbytrie, that he sould sett no tacks nor
factorie of the teynds of the said kirk, without the speciall advyce
of the Generall Kirk; declareing also in their presence that he hes
sett nane yett; and farther promising before them, that he shall not
sett in tyme comeing, nor make any right thereof to any persone,
without the consent of the Generall Assemblie.
Sessio 11.
Mrs Robert Bruce, David Lyndsay, and John Craige, war direct to
his Majestie to understand be qwhat meines the religione shall be
maintainit within this realme, and continowit to the posteritie.
Sessio 13.
Forsuameikle as in default of Visiting of the North pairts, qwhere
chief and greatest necessitie is, hes great inconvenience followit,
albeit no wayes in default of the breither appoyntit to that charge,
but for laick of provisione and expenses, the assignatione of their
charges being made to be payit be the Bischop of St Androis, qwha
contemptuouslie disobeys good ordour, and lyes at the horne: It is
not the lesse found expedient that the breither to qwhom commissione
was given before, shall yet undertake the burden of the commissione,
their charges and expenses being assignit to them out of some readie
payment, and that to this effect the Commissioners of the North, viz.
Mrs John Keith, Gilbert Garden, and Alexander Rawsone, shall travell
with the Lords of the Checker, and delait the necessitie of their
Visitatione, and crave the samen assignatione to be alterit, and the
commissioners’ payment mair commodiouslie payit.
Anent the request of the Commissioner of Edinburgh, desyreing
the Assembly to ratifie the calling of Mr William Watsone to the
ministrie of Edinburgh: the Generall Kirk ratifies and approves the
same in presence of the said Mr William, desyrand to be transportit
from the said Kirk, qwhilk the Assemblie refused.
All ministers and pastors are exhortit, in their sermones to delait
openly the prejudice done to the haill Kirk be the spulzie of the
patrimonie thereof, and publicly to disallow and oppone against the
publick abusers thereof.
The Generall Assemblie understanding the appearing ruine and decay
of the evangell, within this realme, for fault of provisione of
ministers, and intertainment of schooles and colledges, hes thought
good and convenient to give their Commissione, and be the tenor
heirof to grant full power to Mrs Robert Pont, Robert Bruce, David
Lyndsay, John Craige, Andrew Myllne, Thomas Buchanane, Androw Hay,
John Porterfield, Peter Blackburne, John Duncansone, David Fargusone,
William Strivilling, Gilbert Garden, ministers of the Evangell, or
any seven of them, to compeir before his Majestie and Counsell, upon
Monday next, or such other day as his Majestie shall appoynt, to
call, conferre, and advyse upon the said head, and to craue humbly
of his Majestie that the Ministers’ and Readers’ assignationes may
be given out at Hallowmess, and that such as are already provydit
of their stipends _ad vitam_, and uthers that are content with the
assignationes alreadie made to them, be unalterit therein, qwhill
they obtayne better provisione, and to that effect to travell
earnestly with his Majestie and Counsell, and to report again answer
to the next Generall Assembly of the Kirk, firme and stable.
Anent the request of the Presbytrie of Dumblane, in respect of the
few number and povertie of their presbytrie, to joyne to their
Synodall Assembly the Presbytrie of Linlithgow: the Assemblie present
has found it more meit that the Presbytries of Perth and Dunkeld
shall be joynit with the Presbytrie of Dumblaine, and in ane Synodall
Assembly, to be first holden in Perth, and thereafter in ony place
qwhere the Synodall shall think it meitest.
The Generall Assembly hes given their commissione and authoritie to
the Presbytrie of Edinburgh, to call before them Papists and apostats
who shall happen to resort to court, or to the said towne, and in
speciall to summond my Lords Huntlie and Settowne, William Schaw,
John Chisholme, and Colonell Stewart.
Sessio 14.
According to the allowable custome observit amongst the antients
of humiliatione and fasting of the pastors, The breither and Kirk
conveint hes thocht meit, and be ordinance statute, that in tyme
comeing, qwhen it shall please God to convene the Generall Kirk of
this realme, That the first day of the Assemblie, at the place and
towne where they conveine, ane publick fast and humiliatione be of
the haill inhabitants thereof, alswell as of the pastors conveint,
and the chair of veritie alseweell occupyit before noone in the
morning as at afternoone, be the ordinare pastors thereof; the tyme
and houres of exhortatione made before the Assemblie, being keipit
as of before, to the effect it may please God to give his blessing
to the conventione and good ishew of their travells; and because the
next Assemblie is concludit to be in Edinburgh, the pastors thereof
is ordaynit to give intimatione heirof to the congregatione, the
Sunday before the said Assemblie.
Anent the questione movit, If a man, convict of adulterie three-score
years sensyne, satisfying the order of the Kirk be repentance, and
presentit new to serve in the ministrie of the Evangell, sould be
admitted thereto or not? The Assembly answers negative, and thinks he
ought not to be admittit.
The next Assemblie was appoyntit to be in Edinburgh the 17th day of
Junii next to come, 1589.[25]
[FIFTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, conveint att
Edinburgh, upon the fourth day of August 1590, where there was
assemblit the Commissioners and Brethrene underwritten--
_The King’s Commissioners_:--
My Lord Chancellour--My Lord Blantyre.
_Ergyll._
Mr Neill Campbell.
_Zetland, absent._
_Orknay, absent._
_Caithnes, absent._
_Sutherland, absent._
_Ross._
Mr James Robertsone.
_Morray._
Mr Johne Innes.
Mr Alexander Rawsone.
Mr James Keith.
_Bawmff, absent._
_Aberdeene._
Mr Peter Blackburne.
Mr Gilbert Gairden.
_Angus and Meirnes._
Mr George Gladstaines.
Mr James Douglas.
Mr Patrick Lindsay.
Mr James Melvill.
Mr Andrew Leitche.
Mr Robert Ramsay.
John Dwrie.
Mr John Rigge.
John Fullartoune.
William Chrystisone.
James Andersone.
Mr James Nicolsone.
Mr George Hay.
Mr John Hepburne.
Mr Thomas Kay.
_Dunkeld._
Mr William Edmestoune.
Mr William Glasse.
George Grahame.
_Striveling._
Johne Earle of Mar.
The Laird of Airth.
The Laird of Kerss.
The Laird of Touch.
Gargunnock.
_Ministers._
Mrs Henrie Livingstoune.
William Coupar.
Richard Wicht.
James Smyth.
_Dumblane._
My Lord Drummond.
The Laird of Keir.
The Laird of Glenneglische.
_Ministers._
Mrs William Stirling.
Mrs Andrew Young.
John Davidsone.
Alexander Chisholm.
_Perth._
Mrs Archibald Moncrieff.
William Rynde.
Henrie Gwthrie.
_Fyffe._
Mrs Andrew Melvill.
James Martine.
Patrick Melvill.
William Cranstoune.
William Marche.
Andrew Duncane.
Thomas Buchanane.
James Melvill.
Nicoll Dalgleische.
David Fargusone.
John Fairfowll.
James Steuart.
Edward Mylls.
The Earle of Mortoune.
Lord Lyndsay.
_Lairds._
Ballverie.
Colluchie.
Pitmillie.
Cambo.
Balfour.
Lundie, Elder.
Raith, Elder and Younger.
Kynneir.
Abbotshall.
Hallhill.
Weymes, Younger.
Cleisch.
The Abbot of Culross.
The Maister of Sinclare.
The Goodman of Stravichly.
Kynnaldie.
James Elphinstoune.
John Logane.
_Lowthiane._
_Lairds._
Merchestoune.
Collingtowne.
Corstorphine.
Braid.
Dalmahoy.
Carberry.
James Richesoune of Smettoune.
Thomas Hamiltone of Priestfield.
James Hamiltone of Rochbank.
_Ministers._
Mrs Robert Bruce.
James Balfour.
Robert Pont.
John Davidsone.
John Craige.
John Brand.
John Hall.
Patrick Simpsone.
_Haddingtowne._
Mrs James Carmichaell.
Thomas M‘Gie.
Mr Thomas Greige.
The Lairds of
Clarkingtowne.
Elphinstowne.
Eastchester, Junior.
_Lynlithgow._
Mr Robert Cornwall.
Mr John Spottiswood.
George Dundass of that Ilk.
Nicoll Cornwall of Ballinhard.
_Dumbarre._
William Sandersone.
Mrs James Young.
James Douglass, appearand of Spott.
Archibald Douglass.
_Dalkeith._
My Lord Newbottle.
The Laird of Ormistoune.
Robert Porteous.
Mrs Adam Johnstoune.
Mrs John Bennett.
James Bennett.
John Herries.
_Merss._
_Teviotdale._
_Tweddale._
Mr Thomas Storie.
Mr John Hoome.
Robert Hyslope.
Mr Patrick Gaits.
Duncane Walcar.
John Smyth.
Alexander Lawder.
Mr Adam Dowglass.
Mr William Auchmoutie.
_Clydsdaill._
_Ranfrow._
_Lennox._
Andrew Hay.
Thomas Jack.
Mrs David Weymes.
John Hamyltoune.
Robert Darrochie.
Mrs Robert Lyndsay.
John Lawrance.
Walter Stewart.
Andrew Spittall.
_Kyle._
_Carricke._
_Chunninghame_.
Mrs John Porterfield.
John M‘Korne.
Peter Prymrose.
Mrs John Inglis.
John Cunninghame.
Alexander Weittowne.
_Galloway._
Alexander Stewart of Garlies.
James Lydderdale of the Yle.
Sir John Gordon of Lochinvar.
John Neilsoune of Craculhie.
Mrs James Hamyltone.
David Blyth.
Niniane Macklennochane.
James Adamsone.
_Neithsdaill._
Mrs James Brysone.
Hew Fullartoune.
Robert Lord Sanchar.
The Laird of Drumlanrie.
The Laird of Closetoune.
James Crichtoune of Carbethe.
_Townes_:--
_Strivelling._
Arthur Bruce.
David Foster.
_Leith._
William Monteith.
John Kylle.
_Wigtowne._
Sir Alexander Stewart.
John Ahaney.
Mr James Adamsone.
_Edinburghe._
William Little.
Edward Galbreith.[26]
_Acta Edinburgi_, 4 _Augusti_ 1590--Sessio 1^{ma}.
Exhortatione made be Mr James Melvill, Moderator of the last
Assemblie, the Kirk proceedit to the electione of a new Moderator;
and appoynting on the leitts, Mrs Peter Blackburne, Patrick
Gallaway, John Davidsone, David Fargusone, Mr Nicoll Dalgleische,
the said Mr Patrick, be pluralitie of vots, was chosen Moderator
_hac vice_: Qwha desyrit certaine of the learnit and grave brethren
to be given Assessors to him, be whose advyce he may propone such
things as were meitest to be treitit at this tyme, viz. Mrs Robert
Bruce, Andrew Melvill, David Lindsay, Robert Pont, David Fargwsone,
Peter Blackburne, Neill Campbell, William Rynde, John Duncansone,
James Melvill, elder and younger, James Carmichell, John Davidsone,
Nicoll Dalgleische, James Hamiltone, Andrew Hay, Robert Rollock,
Peter Primross, James Nicolsone, William Glass, qwho were appoyntit
to conveine with him at ten houres the morne, and two afternoone in
the Gallarie, and on wther dayes, qwhen there is no sermone, at awcht
houres, and twa afternoone.
Acta Sessio 2^a. Eodem die.
Commissioners of all countries were inquyrit qwhat they had done
concerning the executione of the last act made against Papists,
Jesuites, Seminarie Priests, excommunicats and their entertayners,
marcats and others profanationes of the Sabbath day, non-residents,
and the rest of the heids committit to the Presbytries and
Commissioners.
Sessio 3^a. 5 Augusti.
Mr John Innes was accusit for admitting Robert Dumbar to the ministry
without the advyce of the Presbytrie of Forres; qwha answerit, there
was no presbytrie thair the tyme of his tryall, but it was erectit
before his admissione, and he did it be the advyce of the Presbytrie
of Elgine, qwherein he confest he did raschlie. The Kirk ordayns the
said Robert to be tryit _de novo_, and to be heard be the brether
of Edinburgh, and presbytrie thereof, so many as shall be present,
with so many as are here of the Presbytrie of Forress, and thereafter
as the brether beis satisfyit, the Assembly informit farther to be
proceeded againes the said Mr Johne.
Sessio 4^a. Eodem die.
It being bruitit, that the Earl of Montrose intertained Fintrie,
excommunicat, The Assembly ordaynit the Presbytrie qwhair it sauld
happen him to remaine, to charge him before them, to try the bruit,
and to admonische, conforme to the act of the Kirk; and in caise of
disobedience, to proceid according to the mynde thereof.
Sessio 5^a. 6 Augusti.
My Lord Angus his excommunicatione reducit be reasone of
informalitie; and because there is sufficient cause of such censure
against my Lord in the said sentence, if the proces had been formally
led, Therefore the Kirk hes instantly desyrit his Lordship to remove
the cause; and to that effect maist diligently caire that the Sabbath
be not violat be ffaires or mercats within his owne bounds--that
no labouring nor carriage be wsit within the same, and that his
vassalls compell not their tennents to wse carriage on the Sabbath,
and likewise to travell with them, that they give some day of the
week to their tennents, as to schear and lead their cornes, that they
be not abstractit from the kirk on the Sabbath; Qwhaise answer was,
that with all diligence he could, he sould travell to that effect,
and at the rysing of the Lords, sould ryde home himself to Douglass,
and hold a court, and make lawes and penaltie for restraining ane
violation of the Sabbath.
My Lord Somerwell being present, alleadgit the priviledge of his
infeftment for holding the mercatt of Carnwath on the Sabbath;
notwithstanding he condescendit that no marcat nor ffair sould
be keepit their on the Sabbath; and in caise of his failzie, the
presbytrie there was commandit to proceed against him according to
the act of the Kirk.
Anent the lament made be the brethrene of the manifold kynds of
violatione and profanatione of the Lord’s day, be ganging of milnes,
saltpannes, schearing and leading of cornes, carying of victuall to
and from burrowstounes; The Assemblie, as of before, declares the
same to be unlawfull, against the law of God and acts of Parliament,
and ordaynes the violators thereof to be punisched conforme to the
ordinance made of before--discharging the burrowstownes from the
receaving of loads and carriages brought to them on the Sabbath day.
Ordaynes the presbytries to travell with the gentlemen within their
bounds, to grant some week day unto their tenants to that effect.
And farder, for better observatione of the Sabbath, ordaynes the
haill pastores here present to give in a Roll of the names of the
persons quhilks may best stopp the mercats within their bounds; to
the effect his Majestie may be requestit to interpone his authority,
to command the samen to them, or utherwayes to call them in caise of
refuisall.
Mr Thomas Dowglass was accusit for marriage of my Lord Errole and his
spouse without his owne paroche, being ane of his parochiners.
Sir James Williamsone, James Logane, sometyme monk of New Abbay,
excommunicat for profaining of the sacraments. ---- Symsone
transportit from Cramond to Strivilling.
Sessio 8^a. 7 Augusti.
Ane supplicatione was presentit be the parochiners of Endercharitie,
cravand ane Pastor, qwho will not in their prejudice, transact
with the patrone of their kirk my Lord Crawfurd, and sell their
teinds over their heads, and that no persone be admittit to the
said benefice bot such as shall interdyte himself either to
the provinciall Assemblie of Angus and Meirnes, or then to the
Presbytrie, qwhilk shall happen to try him: And they desyre ane
commission to be given to the Presbytrie of Dundie to that effect, in
respect _non patet tutis accessus_ to the Presbytrie of Brechine, and
the paroche is neirer to Dundie.
The Assemblie, after advysement heirof, ordaynes the brethren of the
Presbytry of Brechine, or such as they shall direct of their number
instructit with their commissione, together with the Presbytrie of
Dundie, to concurr together with the Towne of Dundie to the tryall of
the persone qwhilk shall happen to be presentit be the said Lord, and
before they give him any admissione, that he be sworne and interdytit
that he shall on no wayes sett tacks or make light of the saids
complainers’ teynds to no manner of persone, without the speciall
consent of the Generall Assembly had thereto, according to the acts
of the same, and lykewise give his speciall consent that the said
interdictione shall be published, utherwayes not to admitt him in any
wayes.
In presence of the King’s Majestie, the Moderator exponit to his
Grace three speciall articles, qwhilk the Kirk hes to crave presently
at his Heines hand, viz. The ratificatione of the liberties of the
Kirk;--the purging the land of Jesuites, Papists, Seminarie Priests,
abusers of the Sacraments;--and last, provisione of every kirk of ane
sufficient pastor ane sufficient living: To the qwhilk his Majestie
answerit, That in all Parliaments, first the liberties of the Kirk
are ratified. His will they knaw concernyng Papists and Jesuites,
and how earnest he is to purge the land of all such. As to the
provisione, he hes but his awne part: many moe hes interes therein;
desyreing that they wald cause Mrs Robert Bruce, David Lyndsay,
Robert Pont, and the Moderator’s selfe, to await upon the Councill
for answering thereof, and conferring with the Counsell thereanent,
qwham the Assembly nominat to that effect.
Humble Petitions of the Generall Assemblie cravit at his Majestie
and Honourable Counsell.
First, That in respect that many things hes been promised before,
and no executione following thereupon, that now performance may be
thereof, and the speciall declaratione of the meine and performance
thereof. _Item_, A ratificatione is cravit of all Lawes that hes been
made for the weill of the trew Kirk, together with ane new act of
Parliament especially establisching the Kirk’s jurisdictione, their
Generall and Synodall Assemblies, Presbytries, and Discipline; and
all acts made contrare to the libertie and jurisdictione of the said
Kirk preceeding the date heirof to be abolisched: and qwhill ane
Parliament may be had, the said act to be constitut in Counsell and
Conventione of Estates, if any shall happen in the meantyme to be
halden.
The purging of the Kirk and country of all Jesuites, Papists,
Seminarie Priests, and excommunicats--ane law for repressing and
punishing of the abusers of the holy Sacraments--ane law and meine
whereby ministers may be possessed in their gleibs and manses, and
peaceably enjoy them, and the contraveeners may be repressit and
punished.
Ane order for them that were at the Bridge of Die: ane law and
ordinance for keeping of the Sabbath: ane law and ordinance against
them that troubles or hurts ministers gangand to ther kirks and
executing their offices: ane strait law for repressing of the
bloodsched and murder in the countrie and all the quarters thereof,
and that the same may be purgit of the samen.
That all kirks within this countrie be sufficiently plantit with
ministers, teachers, and uthers necessare office-bearers, and
sufficient stipends appoyntit to them for serving of their cures, of
the best and readiest of the teynds and uther rents mortified to the
use of the Kirk, and the haill rest to be employit upon Colledges,
bringing up of the youth, and sustentatione of the poore, the fabrick
of the Kirk, and uther common affaires thereof.
Sessio 9^a. 8 Augusti.
My Lord Angus gave in ane supplicatione desyreing command to be given
to the Presbytrie of Lanerick upon his presentation to the personage
of Carmichael, qwhairof he is patrone, to giue admissione. The Kirk
ordaynes the Presbytries of Lanerick and Glasgow to concurr together
for decyding and taking order finallie therein.
Sessio 10^a. Eodem die.
Forsuameikle as it is certaine that the word of God cannot be
keepit in the awne sinceritie without the holy discipline be had
in observance: It is therefore, be common consent of the haill
brethren and commissioners present, concludit, That qwhosoever hes
borne office in the ministrie of the Kirk within this realme, or
that presently beirs or shall hereafter beir office therein, shall
be chairgit be every particular Presbytrie qwhere their residence
is, to subscryve the heads of Discipline of the Kirk of this realme,
at lenth sett downe and allowit be acts of the haill Assemblie
in the Book of Policie, qwhilk is registrat in the Register of
the Kirk--and, namely, the contraventit heads be the enemies of
the Discipline of the reformit Kirk of this realme, betwixt and
the nixt Synodall Assemblie of the provinces, under the paine of
excommunicatione, to be execute against the non-subscryvers; and
the Presbytries qwhilk sall be found remiss or negligent herein to
receive publick rebuke of the haill Assemblie: And to the effect
the said discipline may be knawne as it oucht to be by the haill
breither, it is ordaynit that the Moderator of ilk Presbytrie shall
receave from the Clark of the Assemblie ane copie of the said Booke,
under his subscriptione, upon the expenses of the Presbytries,
betwixt and the first day of September nixt to come, under the paine
to be openly accusit in face of the haill Assemblie.
It is thocht meet and concludit be the Assemblie, qwhair the
Presbytries are weell constitute, that the order of Commissioners of
countries shall cease, and ane act to be advysit heirupon against the
nixt meeting on Monnonday, qwhereas every Presbytrie shall have ready
the name of such as they shall think meet, for their Presbytries
to expede the platt for their kirks, admitt persones presentit to
benefices, and designe manses.
Anent the prejudice done to the Kirk be beneficit men, qwhilk stands
in twa sorts, viz. those within the ministrie, and of uthers beirand
no functione therein: The Kirk ordaynes the acts of the Assemblie to
be considerit and sichtit againe Mononday next, that it may be seen
if there be any act concludit against these persones, qwhilk are not
of the functione of the ministrie.
Sessio 11^a. 10 Augusti.
John Liverance, for his rasche excommunication of the Earle of Angus,
was ordayned to confesse his offence to God and to the said nobleman,
in presence of the congregatione on ane Sabbath day, at the kirk
where the said sentence was pronuncit; and the sentence reduceing the
said proces to be publicklie intimat be ane brother in audience of
the congregatione.
Sessio 12^a. Eodem die.
Robert Dumbar his admissione to the ministrie without the advyce of
the Presbytrie of Forres, was found null, and rescindit be the haill
Assemblie.
Anent the examinatione before the communion: It is thought meet for
the commone profite of the whole people, that ane uniforme order be
keepit in examinatione, and that ane schort forme of examinatione be
sett downe by their breither, Mrs John Craige, Robert Pont, Thomas
Buchanan, and Andrew Melvill, to be presentit to the nixt Assemblie.
Sessio 13^a. Augusti 11.
Forsuameikle as it beand the commone consent of the haill breither
of the Assembly, resolvit, That qwhere the presbytries are weell
and orderly constitute, the yearly electione and nominatione of
Commissioners over countries hitherto customablie observit in the
Assemblie is not necessare nor expedient, the samen presbytries
having establischit in their awne selfes ane sufficient power of
their awne number to send out instructit with their commissione
_pro re nata_ to take order with such things as falls out in their
bounds: Therefore it is thocht meit and universallie concludit, that
the said yearly electione of Commissioners over countries qwhere
presbytries are weell and sufficiently constitute, shall ceise in
tyme coming, and qwhairof before, the said Commissioners bure the
charge, to inroll the ministers and their stipends at the platt,
receive presentationes, and give collatione thereupon, designe manses
and gleibs; that the saids weill constitute presbytries, ilk ane
of them, shall yearly, ay and qwhill the necessity thereof craves,
elect and chuse out of their awne number, ane brother in name of the
haill presbytrie, for inrolling and expeditione of their stipend
at the platt; authorisit and instructit be them, with commissione
subscryved be the Moderator and Clarks of the presbytrie to be
schawne and producit to the modifier, and the samen Commissioners to
designe manses and gleibs within the bounds of the said presbytrie,
and in all things concernyng the executione of his commissione,
to be comptable and subject to the censure of the judgement of
the presbytrie, qwhom frae he receavit the same; and that all
presentationes be direct in tymes comeing to the presbytries qwhere
the benefice lyis; alwayes in admissione or deprivatione of Ministers
in Buchane, Aberdeene, Garrioche, and Marre, that Aberdeen and
Buchane proceed with mutuall advyce in admissione and deprivatione of
ministers, and lykewayes Marr and Garrioche, with mutuall advyce of
wthers; and in caice of variance the matter to be committit to the
Assemblie.
Anent the supplicatione given in be James Hering, desyring the Kirk
to call in William Blair, and to trauell with him to giue his consent
to the marriage of Agnes Blair his daughter, and if he had not cause
of refuseall, to giue command to the minister of the paroche to
proclaime their bands and compleit their marriage, notwithstanding
qwhatsomever ordinance made be them of before: The Assemblie haveing
heard both the saids parties, Finds that the said James hes not yet
satisfyit their ordinance, and therefore ordaynes him to delyuer
peaceablie in the hands of the magistrates of Perth, the said Agnes
to be delyverit to her father, upon conditione and securitie to be
tane be the magistrates forsaids for her securitie, or failzieing
of the said security, to be delyvered be the saids magistrates to
her good father betwixt and the first day of September nixt to come,
under the paine of excommunicatione, to be execute against him be
the Presbytrie of Dundie, upon the advertisement made to them be the
Presbytrie of Perth, before qwhom, after her delyverance, the saids
father shall prepare his reasons of refuseall to be judgit be them;
and in the meanetyme, discharges all ministers of proclamatione of
the saids bands, or compleiting of the said marriage qwhill the said
cause be tryit, and delyverance made, as said is.
Sessio 14^a. Eodem die.
Forsuameikle as it is considerit that the patrimonie of the Kirk
hes bein waistit be such as are clad with benefices, qwhilk is the
occasione of laike of provisione to the ministrie; Therefore, all
presbytries are commandit to try the beneficit men within their
bounds, and to examine in qwhat estate and conditione they receavit
their benefice, and in qwhat condition they are in presently;--as
also qwhat they now were that sett tacks and titles of their
benefice, or any pairt thereof, without consent of the Generall
Assemblie; and to report to their Synodall Assemblies, what they have
found, and alse the said Synodall to try where any thing is neglectit
be them, and report to the Generall Assembly.
Because great sclander lyes upon the Kirk throw manifold murthers,
notorious adulteries and incests, and the parties being under
proces, oft tymes evites the Kirk, and chyftes from place to place,
qwhairthrough the proces cannot weill be brought to a finall
sentence; dureing all the qwhilk tyme the sclanders continows and
increasses: _Queritur_, quhither pairties falling into such horrible
and odious crymes may summarly, upon the notorietie of the cryme, be
excommunicate or not? Answerit to the said questione affirmative.
Sessio 15^a. Augusti 12.
According to the directione of the Kirk for the restraining mercats,
and profanatione of the Sabbath day, within Edinburgh, be ganging
of their millnes, receaving of loads within their ports, selling of
flowre and fructuages, and suche other violatione of the said day:
The Baillies of the said burgh having direction from the Counsell,
declareit that the mynde of the Counsell is, notwithstanding of
qwhatsumever difficulties, to doe qwhat may be in their power for
removeing thereof, that all the rest of the burghes shall take no
sclander be them.
Sessio 16. Eodem die.
Ordaynes the brether of the Presbytrie of Edinburgh to peruse the
answer sett out be Mr Craige, against ane pernicious wryting put out
against the Confessione of Fayth, together with the preface made be
Mr John Davidsone, and if they find meit the samen be publisched,
that they may be committit to print.
Sessio 17^a. Augusti 13.
Forsuameikle as the dangerous insurrection made at the Bridge of Die
being considerit to have notoriously importit speciall prejudice
to the trew religion, publickly profest and establisched be the
mercy of God, within this realme, Nottheless the speciall authors
and interprysers of the same remaining under the said sclander,
hes never meinit to purge themselves thereof, be confessione of
their offence, and satisfying the Kirk of God therefore; The
Generall Assembly for this cause, presently conveint, hes given
their full power and commissione to the breither of the Presbytrie
of Edinburgh, with the concurrence of ane of the King’s Majestie’s
ministers, viz. Mrs Robert Hepburne, William Sandersone, Mrs James
Carmichaell, Thomas M‘Gie, George Ramsay, Adam Johnstoune, James
Law, John Spottiswood,--to summond before them in Edinburgh, the
Earles, Lairds, Barrones, frieholders, qwhilks were at the said
insurrectione, and speciall traffiquers and counsellors to the said
noblemen, and to charge them to acknowledge and confesse their
offence against the trew Kirk of God and his religione, and make
satisfactione for the sclander committit be them therethrough, under
the paine of excommunicatione; and that betwixt and the first day of
February nixt to come: referring to their discretion the particular
dyetts and order of proces to be keepit therein; provyding alwayes
that this commissione be execute betuixt and the said day--requyring
their brother, Mr John Craige, to remember this matter to the saids
Commissioners, as he would eschew the blame of the breither in caise
of his negligence.
Anent the provisione of the Generall Visitors direct to the north
and south pairts, as also Commissioners to be nominat to their
presbitries: The breither nominat to the said platt be the King’s
Majestie, are ordaynit to trauell with the modifiers, that the
Commissioners of the Kirk may be provydit, and assignationes given
for that effect.
[FIFTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, conveint at
Edinburgh, in the New Kirk thereof, the 2d day of July in the
year of God 1591.
Sessio 1^a. July 2.
Exhortatione being made be Mr Patrick Gallaway, last Moderator, the
Kirk proceidit to the election of ane Moderator for this tyme; and
putting on leitts Mrs Nicoll Dalgleische, Patrick Scharpe, James
Balfour, and John Davidsone, the said Mr Nicoll, be plurality of
votes, was chosen Moderator.
Sessio 2^a. Eodem die.
Forsuameikle as the alteration of the place of the Assemblie may move
some breither to cast ane doubt of the authoritie of this Assemblie:
The Kirk hes votit that there was ane reasonable and weighty cause
of the alteration thereof, and that nothing is done in prejudice
of their act--the speciall cause being the desyre of his Majestie,
qwho, for sundrie reasones, willit the Assemblie to be keepit here at
this tyme, qwhereof if any breither wald be satisfyit further, the
breither on the conferrence shall resolve them; and that this is ane
lawfull Assembly, notwithstanding the alteration forsaid.
Sessio 3^a. July 3.
Ordaynes ane article to be given to the King and Counsell to take
order with the cullorit and vagabond Egyptians, qwhilk defyles the
countrie with all manner of abominatione.
Anent the act made in the Assembly concernyng beggars: It is demit
expedient that the samen be publischit in every paroche be the
minister thereof, and put to executione be the pastors alse far as
concerns them, as they will be answerable to the Kirk.
Sessio 4^a. July 5.
Anent the subscriptione of the Book of Policie, injoynit in the
last Assembly: In respect the greatest pairt of the presbytries as
yet hes not satisfyit the ordinance of the Kirk, the Assemblie hes
ordaynit the former act to be observit and execute betuixt and the
next Assemblie, and the Moderator of everie presbytrie to sie to
the executione thereof, under the paine of forty shillings, to be
imployit to the use of the poore, besyde the open rebuke in the open
Assembly.
Anent sacriledge universallie reigning throw the whole realme: Seeing
it is commonly esteemit no sinne, and is unknawne to many for the
maist part: It is thocht meit that some trauell be taken be some
godly breither, to sett downe and draw that monster unto the awne
collours, and therefore desyres their brother, Mr Robert Pont, to
take paines in that subject.
The Kirk present hes willit their breither, Mrs Robert Bruce, David
Lyndsay, Peter Blackburne, Andrew Melvill, Robert Rollock, Thomas
Buchanan, James Carmichaell, John Davidsone, and John Johnstoune,
or any three of them, to peruse and visite the said Mr Robert his
Treatise, and to give to him their judgement therein, to the effect
the samin being perfytit, may be put _in mundo_, and presentit againe
to the full Assembly, that they may giue their opinion therein.
Sessio 5^a. Julii 6.
Forsuameikle as the order observit of before, in giving power to
certaine of the breither nominat thereto, to read and answer to
the Bills given in to the Generall Assemblie, it appeares to some
brethren to be inconvenient and derogatorie to the provinciall
Assemblies, speciallie in that far as the matters qwhilk are thocht
doubtsome to them and referrit to the full Assemblie, are committit
to the decisione of ffour or fyve brethren: It is thocht, therefore,
expedient in tyme coming that certain brether be chosen and namit be
the Assembly, who shall have power only to take in the supplicationes
and complaints qwhilks are to come before the full number, read
them, and consider if they come in pertinently before the Generall
Assembly; and if they be impertinent, to giue them answer on the back
of the Bills; and qwheneas they are pertinent, to bring them back to
the haill Assembly to be answerit therewith, their opinion in word,
qwhat they have considerit thereof, and where they think meit to be
answerit.
Sess. 10^a. July 8.
Anent the questione proponit--Whether they who usurpes the names
of Bischopes, and have been sometyme in the ministrie, and now will
neither serve the kirk themselves qwhereof they take up the fruits,
neither pay the stipends of them that serves as they are appoyntit be
the platt, there being sufficient rent to doe the same, but spend the
same in profane uses, aught to be censurit be the Kirk; and if they
will not amend, be excommunicat? It is answerit--Such persones aught
to be censurit be the Kirk--and if they amend not, to excommunicate
them.
Sessio 11^a. Eodem die.
Compeird my Lord Provand, President, with my Lord Culross and
Barnbarroche, and in name of the haill Sessione declareit, that
they understood that my Lord of Halʒairds, ane of their number, was
yesterday callit at the instance of Mr Patrick Simpsone, for calling
him before them, ane suborner; qwhilk matter indifferently depends
before them, being ane civill cause and proper to their cognitione,
and qwhereunto the Kirk is not judge; desyreing, therefore, that
the Kirk sould not proceed in their judgement thereupon until the
said cause before them took end, qwhereon, so diligently as was
possible, they were proceeding, and that they sould doe nothing to
the derogatione of the priviledge of the College of Justice.
After they were removit and the Kirk advysit with their petitione,
being callit in againe, The Assembly answerit, they wald doe
nothing to hurt or derogate to their priviledges, nor yet proceid
or judge in any civill matter; but in this cause, being chiefly
occupied in purgeing the members of their awne bodie, qwhilk is
ecclesiasticall, they micht judge without any prejudice to the civill
judgement, desyrand the Lords as they wald not hinder nor wish the
hinderance of their judicature, so they wald not think evill that
the Kirk proceeded in purging of their awne bodie and meddling
ecclesiasticallie.
Sessio 13. July 9.
Anent the foresaid matter, the Assemblie, after grave reasonyng
had, if it was expedient to proceed in this cause before the Lords
of Session had giuen their decisione, thought meit that my Lord
Justice Clark sould be demandit if he acknowledged the judgement and
jurisdictione of the Kirk or not? Qwha being callit and inquyrit as
said is, answered, that he acknowledgit with reverence the judgement
of the Assemblie in all causes appertayning to them: But in this
cause, qwhilk is civill, qwhereunto the Lords are _primario Judices_,
before qwhom also it presently depends, they cannot be Judges
_primario_.
After the qwhilk answers, being removit, and the Kirk farther
advysit, calling his Lordship in againe, they pronuncit that they
fand themselves Judges _primario_ in this cause, and instantly to
proceed therein--requyring him what farther he wald alleadge or
propone for his defence in the said cause: wha took instruments
of their interloquitor, protesting for remead of law; qwhilk
protestatione, because it was made _verbo_, and contaynit many heads,
he was desyrit to give into the Clerk in write.
Sessio 12. July 15.
Anent the act of the Lords of the Chekker, proceeding upon ane
supplicatione made be the breither of the ministrie to them, daited
at Halyrudehouse the tenth day of February 1591, declareing their
meaning to be, that all ministers that hes vitiat any benefices of
cure, in haill or in pairt, be purchasing unto themselves, thair
airs, and assignays, lang tacks of the samen within the worth of the
saids benefices, be compellit be the censures of the Kirk to restore
them againe to thair awne integritie to thair ministers presently
serving the cure; and to that effect requyres the Generall and
Synodall Assemblies, Commissioners, and Presbytries of the bounds
quhar the saidis benefices lyis, to take tryall of such persones, and
to proceed against them as said is, in most strait forme, according
as such a great anormitie in ministers craves, ay and qwhill they
have redintigrat the benefices qwhilks hes been corrupt and vitiat be
them as said is, but any farther process of law to follow thairupone;
as the said act, subscrivit be my Lord Chancellor, Newbottle,
Sir Robert Melvill, Parbroth, Blantyre, Carmichaell, Linclouden,
Colluthie, and Mr Patrick Young, beirs: The Generall Assembly of
the Kirk being advyseit therwith, allows and approves the said act
and advyce of the said Chekker, and ordaynes the same to be put in
execution in every Presbytrie, according to the tenor thereof.
Sessio 16. Eodem die.
The Assembly ordaynes universallie, that the acts of discipline
conteint in the acts of Generall Assembly, be keepit, alsweill in
Angus and Mearns as in other places.
Sessio 17. July 13.
Forsuameikle as it being deeply considerit be the Kirk, that many
things have been done by them, and be uthers pretendand the name
and title of the Kirk, greatly prejudiciall to themselves, their
discipline, and also the patrimonie and living of the Kirk, and
that be priviledge of good lawes, it is grantit and leisum to them
to remead themselves be revocation thereof; Therefore the haill
Assemblie, after grave and mature deliberatione, hes revockit,
and be thir presents revocks, all and quhatsumevir thing done be
them, or others cloathing them with the name and title of the Kirk,
prejudiciall to themselves, their discipline, patrimonie, and living,
as being enormlie hurt thereby, and protests according to the
disposition of the said law, solemnit as they may be heard in tyme
and place to seek remedie heirof; and for mair speciale expressing
and mair particular declaratione thairof, hes willit their brethren,
Mrs Robert Pont, David Lyndsay, Robert Bruce, and Andrew Melvill,
to conceive in write the forme thairof; the copie qwhairof ilk
Presbytrie is ordaint to receave, and to give command to the pastors
within their bounds, to intimat the said revocatione made in this
Assemblie from their pulpits.
Anent the forme of examinatione before the communione, pennit
be their brother Mr Craige: the Assembly thought it meet to be
imprintit, being be the author thairof contractit in some schorter
bounds.
Humble Petitions of the Generall Assembly of the Kirk, cravit of
his Majestie and Councill.
It is cravit that the acts of Parliament made for suppressing of
the inormities following may be put to execution: ffirst against
Jesuites, such as Mr James Gordowne, and the receipters of them; and
excommunicants, such as the Laird of Fintrie and the Master of Angus,
profainers of the sacraments, priuate men and women givers thereof,
idolaters, pilgrimagers, papisticall magistrates, sayers and hearers
of masse, givers of the sacraments according to the papisticall
forme, and receavers of the samen, committers of apostasies, publick
mercats upon the Sabbath day, violent invaders of ministers be
strickeing of them or be schedding of thair blood, profaining of the
Sabbath day be Robin Hood’s playes, murtherers and bloodshedders,
qwhilks overflow the whole land. _Item_, That the ministrie plantit
be sufficiently provydit, and also that ministers may be provydit
of sufficient living to the kirks implantit. _Item_, The act of
annexatione to be dissoluit; The new erectiones and patronages
dischargit; The act of dissolution of prelacies and benefices,
consisting of mae kirks than ane, be ratified and establisched: The
act of February without exceptione; The aucht of July eikit to it may
have place; that small benefices disponit to ministers may be free
of all taxations; That Manses and Gleibs be designit of Kirklands,
Abbays, Freir lands, and qwhatsumever Kirk Lands; That Manses and
Gleibs have their liberty of ffoggage, fewall, and pasture; That
commone kirks be disponit to ministers serving the cure: That every
kirk be provydit of ane sufficient pastor, and ane competent living
assignit to him for his service.
The Generall Assembly of the Kirk giues full commissione and power to
their lovit breither Mrs Robert Bruce, Robert Pont, David Lyndsay,
with his Majestie’s Ministers, to present unto his Grace and
Councill, humble Petitions and Articles of the Kirk, and with all
reverence and humilitie to crave answer thereof, conferre and reasone
if need be thereupon, and to report answer to the nixt Assemblie.
The Generall Assembly of the Kirk is appoyntit at Aberdeene, the 17
day of August 1592, in caice ane Parliament interveen not; in the
qwhilk caice, the brethren being advertised thereof be the Presbytrie
of Edinburgh, shall hald their Assembly qwhaire the Assembly shall be
for the tyme, and convein two dayes before the same.
[FIFTY-SIXTH GENERAL ASSEMBLY.]
Att Edinburgh, the Generall Assembly of the Kirk of Scotland,
conveint upon the 22 of May 1592.
Exhortatione being made be Mr Nicoll Dalgleische, Moderator of the
last Assembly: The Kirk proceedit to the election of ane Moderator,
and appoyntit in the leets, Mrs Robert Bruce, David Lyndsay, James
Balfour, and James Nicolsone. The said Robert was, be pluralitie of
vots, electit Moderator, _hac vice_.
Sessio 2^a. May 23.
Forsuameikle as the necessitie of tyme requyres that the greatest and
weightiest heads be first considerit; It was proponit to the haill
brethren to consider and decerne if they thocht meit or not, the Kirk
sould make sute for the Articles following:
1. That the acts of Parliament made in the year of God 1584 against
the discipline of the Kirk, libertie and authoritie thereof, be
annullit, and the samen discipline qwherin the Kirk hes been in
practise, ratified.
2. The abolutione of the act of annexatione and restitutione of the
patrimonie of the Kirk.
3. That abbots, pryors, and wthers prelates, pretending the title
of the Kirk, and voting for the same, without their power and
commissione, be not sufferit in tyme comeing, to vote for the same,
either in Parliament or wther conventione.
_Last_, That the countrie, qwhilk is polluted with fearfull idolatrie
and blood, be purgit: Qwhilks haill articles, the Assemblie thocht
most necessare to be cravit: and for putting of the same in good
forme, imployit their breither, Mrs Robert Pont, David Lyndsay,
Thomas Buchanane, and James Melvill; willing them to present the
same, at ten houres, to the full Assembly to be considerit be them.
As concernyng the voting in Parliament, in the name of the Kirk, if
it shall be thought leisum, the ministrie sould succeed in that part
in the prelats’ place; it is referrit to consultatione qwhill the
morne. And every brother is ordaynit to wey and debait that argument
with himselfe, and be readie the morne to reasone their opinion into
the same.
Sessio 5^a. May 24.
It is ordaynit in tyme comeing, that the breither receiving
commissiones from the Kirk, and slewthfullie observing the execution
thereof, shall be rebukit in the face of the Assemblie for their
negligence.
Sessio 6^a. May 25.
Forsuameikle as the Kirk, considering their dewtie first to God, and
the necessitie of the charge qwhilk is imposit upon them, seeing
the daily decay of religione, and laicke of justice, qwhereof the
effect is to the regrait of all trew Christians, mair and mair falls
out in miserable experience, and that the dewtie of their office
burdeneth them to discharge their conscience in this behalf to their
Soveraigne, to qwhome chiefly it appertayneth to procure remedie
thereof; Therefore directs their breither qwhilks war nominat before,
to present the Articles to his Majestie, together with Mrs Nicoll
Dalgleische, Patrick Symsone, Patrick Scharpe, John Malcolme, and
David Fargysone, to passe immediately to his Majestie to lament the
daily decay of Religione, disorder and laike of justice within this
realme, to crave his dewtie, as he wald answer to God, qwhat to be
done for remeid thereof, and grauely to admonische his Majestie,
in the name of the Eternall, to have respect in tyme to the estate
of the trew Religione perishing, and to the manifold murthers,
oppressionis and enormities dayly multiplied through impunitie and
laike of justice; and to discharge his kingly office in both, as
he wald eschew the fearfull challenge of God, and turne his wrath
aff his Majestie and the haill land: And to the effect his Majestie
may be the better informit of the particular, to lay downe the same
particularlie to him, and craue his answer, that they may report the
same to the haill Assemblie.
Sessio 10^a. Penult Maii.
Forsuameikle as, at the speciall desyre of the Kirk, ane Forme of
Examinatione before the Communione was pennit and formit be their
brother Mr John Craige, qwhilk is now imprintit and allowit be the
voyce of the Assembly: Therefore, it is thought needfull that euery
pastor travell with his flock, that they may buy the samen book, and
read it in their families, qwhereby they may be better instructit,
and that the samen be read and learnit in doctors’ schools in place
of the Litle Catechisme.
Sessio 15^a. Junii 2^d.
Mr Alexander Dicksone compeirand, and being inquyrit if he had
subscryvit the Articles of Religione, presently professit and
establischit within the Reformit Kirk of this realme, and communicat
at the Lord’s Table? Answerit he did, both in the Colledge of St
Androws and after. Being inquyrit, in what heads he differs to
subscryve? Answerit, he had sundrie heads qwherewith he agreid not
with the Confession of Faith and Articles of Religione forsaid;
wherewith being pressit with the Assembly, and that either now be
word, or the morne be wreit, he sould be speciall, at lenth plainly
avowit and protestit he differed from them in all the substantiall
heids and poynts of religione qwherein the Papists contraverts
with them: With qwhilk confessione and declaration forsaid, the
breither of the Assemblie being advysit, ffand that he had committit
apostacie, and therefore to have incurrit the paines thairof.
Sessio 17^a. Tertio Junii.
Anent the supplicatione of Mr Alexander Dicksone, in conclusione
offerand either to subseryve the Confessione of Faith, or within
fourty dayes to passe off the realme, and to that effect desyrand
to be freed from captivitie; The Assembly being advysit therewith,
desyred the Baillie of Edinburgh to take order with him according
to the tenor of the act of Parliament, and to sett him frie upon
cautione.
Sessio 22^a. Junii 6.
Anent the forme and order of excommunicatione to be used againes
notorious murtherers: The Assembly hes concludit that the order
containit in the excommunication be keepit and followit out according
to the tenor thereof.
Anent the haynous and cruell murther of the Earle of Morray,
committit be the Earle of Huntly and his complices, the brethren and
Assembly present hes given and gives ordinance and strait command to
the brethrene of the Presbytrie of Brechine, who hes already interit
in proces with him, to proceed with concurrence of two breither of
every ane of the Presbytries of Angus and Mearnes, against him for
the said cruell fact, according to the acts of the Assembly.
Sessio 23. Junii 7.
Anent the act made concernyng deposed ministers or persones in this
last Parliament; It was thought meet at the next Parliament, or
Conventione having the force or commissione of Parliament, to craue,
that where it else has been inactit, that notwithstanding the pastor
be deposit, the tacks and tithes sett be him shall nevertheless
stand, it be now provydit and addit to the said act, that in caice
the said tack or tithe be sett after the committing of the fact for
the qwhilk the persone is deposed, that such tacks, factories, or
tithes whatsomever, shall be null and of none availl, force, nor
effect.
APPENDIX II.
Having now completed the Register of another epoch in the history
of the Reformed Church of Scotland, which embraces the first
thirty-two years of its existence,--exhibiting in its internal
movements the equivocal and conflicting elements of a new
establishment, and blending in its structure the incongruous
peculiarities both of Episcopacy and Presbytery; we have now
reached that period in its progress when it assumed a more
precise and clearly defined position, as a purely Presbyterian
Church. On the 5th of June 1592, immediately after the close of
the General Assembly, of which the proceedings have just been
given, the MAGNA CHARTA of the Church of Scotland was
obtained in an act of Parliament “for abolisching of the actis
contrair the trew Religion.” It is therefore deemed suitable
to pause in the transcript of the Ecclesiastical proceedings,
and to subjoin, in an Appendix, the several statutes of the
Civil Legislature applicable to the period intervening betwixt
1567, when the Church was first fully established, and 1592,
when the distinct character of Presbyterianism was stamped
upon it by the Law of the Land. These statutes, accordingly,
are now subjoined in chronological order--reserving for a
future occasion any less important and authoritative documents
connected with our subject.
ACTS OF PARLIAMENT.
I.
Ratification of the Freedome and Libertie of the trew Kirk of
God.[27]--August 28, 1571.
_Item_, Our Souerane Lord, with auiss and consent of his said
Regent, thre Estaittis, and haill body of this present Parliament,
hes ratifiit, and be this present act ratifiis and appreves all and
quhatsumeuir actes and statutis maid of befoir be our Soueraine Lord
or his predecessouris, anent the fredome and libertie of the trew
Kirk of God, now publictlie professit within this realme.
II.
Anent the Constitution of the Policie of the Kirk.[28]--5th March
1574.
Forsamekill as the present estate of the Kirk within this realme
being considerit be my Lord Regentis Grace, and Estaittis now
convenit, and how sen the alteratioun of religioun, albeit the
libertie of the evangell hes bene inioyit in vnitie of doctrine,
ʒit is thair not to this day ony perfyte policie be lawis and
constitutionis set out, how the Kirk in all degreis salbe governit
in decent and cumly ordour, qwhairthrow sindry inconvenientis hes
followit, and ma are lyke to occur heirafter, gif tymous remeid be
not prouidit: The Estaittis finding it impossibill that thay can
byde togidder qwhill this mater can be exactlie avysit on, and put
in forme, Hes thairfoir thocht meit and concludit, that Johnne Lord
Glamyss, chancellair, James Archebischop of Glasgow, &c. Maister
James Lowsoun, minister of Edinburgh, and Maister Dauid Lindesay,
minister of Leyth, sall tak the panis to convene, confer, ressoun,
and put in forme, the ecclesiasticall policie and ordour of the
governing of the Kirk, as thay sall find maist agreabill to the
trewth of Goddis word, and maist convenient for the estate and
people of this realme: Qwhilks personis being for the maist part
present, for the gude will thay beir to the avancement of Goddis
glory, the Kingis obedience, and commoun weill of the realme, wer
content to bestow thair panis for this effect, and to begin thair
werk on Mononday the xiiij day of Marche instant, in sic part of the
Palice of Haliruidhous as my Lord Regentis Grace will appoint thame
to convene in, And swa to continow and abyde togidder frome day to
day, qwhill thay haue anys drawin a forme of the said ecclesiasticall
policie; qwhilk being endit, It salbe reportit, and schawin to the
estaittis at the nixt conventioun, To the effect that than be thair
aduise, a Parliament may be appointit, and in the same, the forme
qwhilk salbe drawin, or samekill thereof as salbe found meit, to be
ratifiit and establissit as a law.
III.
The Ratification of the Libertie of the trew Kirk of God and
Religion.[29]--July 25, 1578.
Our Souerane Lord, with aduise of his thrie Estatis of this present
Parliament, hes ratifiit and apprevit, and be the tennour heirof,
ratifeis and apprevis all and quhatsumeuir actis of Parliament,
statutis, and constitutionis, past and maid of befoir, agreable to
Goddis word, for mantenance of the libertie of the trew Kirk of God
and Religioun, now presentlie professit within this Realme, and
puritie thairof. And decernis and declaris the samin to haue effect
in all pointis, efter the forme and tennour thairof.
IV.
Act anent the trew and Haly Kirk, and thame declarit not to be of the
same.[30]--October 26, 1579.
Our Souerane Lord, with auise and consent of the thrie Estaitis
and haill body of this ... liament, ratifeis and appreuis all and
quhatsumeuir actis and statutis maid of befoir be his Hienes, with
auiss ... Regentis, in his awin regnne or his predicessouris, anent
the freidome and libertie of the trew Kirk of God and religioun, now
presentlie professit within this realme; And specialie ratifeis and
apprevis the sext act of his Hienes Parliament, haldin in the first
zeir of his Hienes regnne, intitulat, Anent the trew and haly Kirk,
and of thame that ar declarit not to be of the samyne. Ordaning
the same to be heir insert of new, (becaus of sum defectioun and
informalitie of wordis in default of the Prentair,) in this forme.
Oure Souerane Lord, with auise of his thrie Estaites and haill body
of this present Perliament, hes declarit and declaris the ministeris
of the blissede Euangel of Jesus Chryst, quhome God of his mercie
hes now raisit vp amanges ws, or heirefter sall raiss, aggreing
with thame that now levis in doctrine and administratioun of the
sacramentis. And the people of this realme that professis Jesus
Christ as he is now offerit in his Evangell, and do communicat with
the haly sacramentis, as in the reformit kirkis of this realme ar
publictlie administrat, according to the Confessioun of the Faythe,
to be the only trew and haly kirk of Jesus Christ within this
realme. And decernis and declaris that all and sindrie quha vther
gaynesayis the word of the Evangell ressauit and apprevit. As the
heidis of the Confessioune of the Faythe professit in Perliament of
befoir in the yeir 1560: as alsua specifiit and registrat in the
actis of Perliament maid in the first zeir of his Hienes regnne,
mair perticularlie dois expres, ratifeit alsua and appreuit in this
present Parliament: or that refusses the participatioune of the haly
sacramentis as they ar now ministrat to be na membris of the saide
kirk, within this realme, and trew religioune, sa lang as they keep
thame selffes sa deuydit from the societie of Christis body.
V.
Anent the Jurisdictioun of the Kirk, 26 Oct. 1579.[31]
Our Souerane Lord, with aduise of the thrie Estaitis of this present
Parliament, hes declarit and grantit Jurisdictioun to the Kirk;
quhilk consistis and standis in the preacheing of the trew word
of Jesus Chryst, correctioun of maneris, and administratioun of
the haly Sacramentis; and declaris that thair is na vther face of
Kirk nor vther face of religion then is presentlie be the favour
of God, establishit within this realme; and that thair be na vther
jurisdiction ecclesiasticale acknawlegit within this realme, vther
than that quhilk is and salbe within the samyn Kirk, or that quhilk
flowis thairfra, concerning the premisses.
And further, Commission was granted to the Earl of Morton and others
“To convene in Edinburgh, the xj. day of Aprile nixttocum, to
searche furth mair speciallie, and to consider quhat wther speciall
poyntis or clauses sould appertene to the Jurisdictioun, priuilege
and auctoritie of the said Kirk; and to report thair declaratioun
thairanent, to our Souerane Lord and thrie Estatis of this
Parliament, sua that they may tak ordour thairintill, and authorise
the samyn be act of Parliament,” &c.
VI.
Anent Prouisioun of Ministeris and certane Stipendis for thame,
at all Paroche Kirkis, and appointing of Commissioneris for
ordering thairof.--30 Nov. 1581.[32]
_Item_, Becaus for laik of preching and teiching in sindrie partis
of the realme, monie people are suspectit to be fallin in greit
ignorance and danger of godles atheisme. It being found maist
difficill, that in the charge of pluracie of kirkkis, ony ane
minister may instruct mone flokis: Thairfoir it is thocht expedient,
statute, and ordanit be our Soverane Lord, and his thre Estatis
of this present Parliament, That euerie paroche kirk, and samekle
boundis as salbe found to be a sufficient and a competent, parochrie
thairfoir sall haue thair awin pastoure with a sufficient and
ressonable stipend, according to the state and habilitie of the
place. And that all kirkis to the prelacyis annexit, be prouidit of
sufficient ministeris, with competent livingis, alsweill laitlie
disponit, sen his Hines acceptatioun of the gouernement of his awin
persoun, as that sall vaik and be providit heirefter, whill his Hines
perfite age. And befoir the title of any prelacie be conferrit to any
persoun heirefter, that the saidis livingis and stipends be reseruit
in the prouisioun, and alwayis comptit in the thrid, to the effect
that ministeris may be prouidit thairto _ad vitam_. And in cace ony
gift or prouision of prelacie sall pas vtherwayis, declaris the same
to be null, and of nane auail, force, nor effect; ffor the speciall
executioun of the qwhilk ordoure, his Majestie, with aduise of his
saidis thre Estatis, grantis and gevis power and commissioun to his
richt traist cousingis, and trustie and weill belouit Counsaillouris
and vtheris efter specefeit, videlicet: James Stewart, Erle of
Arrane, &c. and to considder, appoint, and ordour the estate of the
saidis kirkis and stipendis, qwhairthrow the saidis ministeris being
honestlie sustenit, may the better attend to thair flokis and propir
vocatioun. And the said ordoure to continew ay and quhill forder
ordoure be tane be his Hines, with aduise of his saidis Estatis in
Parliament.
VII.
The Ratificatioun of the Libertie of the trew Kirk of God and
Religioun, with Confirmatioun of the Lawis and Actis maid to
that effect of before.[33]--_Penult die mensis Novembris_,
1581, (ch. 1.)
Our Souerane Lord, with auise of his thre Estaittis and haill body
of this present Parliament, hes ratifeit and apprevit, and be the
tenoure heirof ratifies and apprevis, all and quhatsumever Actis of
Parliament, statutis, and constitutionis, past and maid of befoir,
aggreabill to Goddis word, for mantenance of the liberte of the
trew Kirk of God and Religioun, now presentlie professit within
this Realme, and puritie thairof. And specialie the actis maid
in the regne of the Quene, his dearest moder, in the Parliament
halden at Edinburgh, the 19th day of Aprile, the zeir of God 1567,
Anent the cassing, annulling, and abrogating of all lawis, actis,
and constitutiounis, cannon, ciuile and municipale, with uther
constitutiounis contrair the Religioun now professit within this
Realme. And the actis in likewise efter following, made in diuerse
Parliamentis, halden sen his Hienes’ Coronatioun. Namelie, the actes
anent the abolisching of the Pape and his usurpit authoritie. Annent
the annulling of the actis of Parliament, maid againis Goddis word,
and mantenance of Idolatrie in any times bypast. The Confessioun
of the Faith professit be the Protestantis of Scotland. Anent the
Mes abolischit, and punisching of all that heiris or sayis the
same. Anent the trew and haly Kirk, and of thame that are declairit
not to be of the same. Anent the admissioun of thame that salbe
presentit to benefices, havand cuir of ministerie. Anent the Kingis
aith to be gevin at his coronation. Anent thame that suld beir
publict office heirefter. Anent thriddis of benefices grantit in
the moneth of December, the zeir of God 1561 zeris, for sustenyng
of the ministerie, and utheris effairis of the Prince. Anent thame
that salbe teicheris of the zouth in scules. Anent the jurisdictioun
of the Kirk. Anent the dispositioun of Prouestries, Prebendareis,
and Chaplanreis to Bursaris, to be foundit in Colleges. Anent the
fylthie vice of Fornicatioun, and punischment of the same. Anent
thame that committis Incest. Anent lawfull Mariage of the awin
blude in degreis, not forbiddin in Goddis word. Ratification and
approbatioun of the actis and statutis maid of befoir, anent the
freedome and libertie of the trew Kirk of God. Anent the trew and
haly Kirk. That the aduersaries of Christis Euangel sall not enjoy
the patrimony of the Kirk. Anent the disobedientis, quhilk salbe
resavit to oure Soueraine Lordis mercie and pardoun. The explanatioun
of the act maid anent manses and gleibis. Anent purchessing of the
Papis bullis, or giftis of the Quene, oure Soverane Lordis moder.
Approbation of the actis maid anent the dispositioun of benefices to
the ministers of Christis Euangel. Anent the reparatioun of Paroche
Kirkis. The ratificatioun of the libertie of the trew Kirk of God
and Religioune. That the Gleib of the Ministeris and Reideris salbe
fre of teyndis. Anent the trew and haly Kirk, and of thame that
are declarit not to be of the same. Anent the jurisdictioun of the
Kirk, dischargeing of Mercattis, and lauboring on Sondayis, and
playing or dreinking in tyme of sermone. Anent the zouth, and utheris
bezond sey, suspect to haif declinit from the trew religioun. That
householderis haif Bybillis and Psalme buikis. ffor punischment of
strang and idill beggeris, and releif of the puir and impotent. And
declaris the saidis actes, and ewery ane of thame, and all utheris
actis of Parliament, maid in favour of the trew Religioun, sen the
said Reformatioun, to haue effect in all poyntis, eftir the forme and
tenour thairof.
VIII.
That Ministeris sallbe presentit be the Kingis Maiestie
and the lawit Patronis to all benefices of cuir under
Prelacyis.[34]--(Ch. 4,) 30 November 1581.
_Item_, It is statute and ordanit be our Souerane Lord, with aduise
of his thre Estatis of this present Parliament, That all benefices
of cuir, under prelacyis, sallbe presentit be our Souerane Lord, and
the lawit personis in the fauoure of abill and qualifeit ministers,
apt and willing to enter in that functioun--and to discharge
the dewtie thairof. And in cace any sall happin to be gevin and
disponit wtherwise herefter, decernis and declaris the giftis and
dispositiounis to be null and of none availl, force nor effect.
IX.
Anent the Libertie of the Preching of the trew Word of God, and
administratioun of the Sacramentis.--22d May 1584, c. 1.[35]
Oure Souerane Lord, with auise of his thrie Estatis convenit in this
present Parliament, hes ratefeit and appreuit, and be the tennour
heirof ratefeis and apprevis the libertie of the preching of the trew
word of God, and administratioun of the Sacramentis in puritie and
synceritie, according to the Confessioun of the Faith receavit and
auctorizit be Parliament, in the first zeir of his Majestie’s Regnne.
X.
Anent the Auctoritie of the thrie Estatis of Parliament.--Eo die,
c. 3.[36]
The Kingis Majestie, considering the honour and the auctoritie of his
Supreme Court of Parliament, continewit past all memorie of man vnto
thir dayis, as constitute vpon the frie votis of the thrie Estatis
of this antient kingdome, Be quhom, the same, under God, ever hes
bene vphaldin, rebellious and traterous subiectis pvnisit, the guid
and faithfull preseruit and mantenit, and the lawis and actis of
Parliament (be quhilkis all men ar governit) maid and establisit.
And finding the power, dignitie, and authoritie of the said Court
of Parliament of lait zeris callit in sum doubt, at least sum
curiouslie travelling to haue introducit sum innovatioun thairanent,
his Maiestie’s firme will and mynd alwayis being as it is zit, that
the honour, authoritie, and dignitie of the saids thrie Estatis sall
stand and continew in the awin integritie, according to the ancient
and louable custome, obseruit in tyme bygane, without ony alteratioun
or diminutioun. THAIRFOIR it is statute and ordinit be our
said Souerane Lord, and his thrie Estatis assemblit in this present
Parliament, That none of his lieges and subiectis presume or tak
vpoun hand to impugne the dignitie and authoritie of the saids thrie
Estatis, or to seik or procure the innovatioun or diminutioun of the
former auctoritie of the same thrie Estatis, or ony of thame, in tyme
cuming, vnder the pane of treasoun.
XI.
Ane Act confirming the Kingis Maiesties Royall Power over all
Statis and Subiectis within this Realme--Act 1584, c. 2.[37]
Forsamekle as syndrie personis, being laitlie callit befoir the
Kingis Majestie and his secreit Counsell, to answer upon certaine
pointis to have bene inquirit of thame, concerning sum treasounable,
seditious, and contumelious spechis, utterit by thame in Pulpet,
Scolis, and utherwayis, to the disdane and reprooche of his Hienes,
his Progenitouris, and present Counsell, contemtuouslie declinit
the jugement of his Hienes and his said Counsell in that behalf, to
the evill exemple of utheris to do the like, gif tymous remeid be
not providit: Thairfoir our Souerane Lord, and his thrie Estatis
assembled in this present Parliament, ratifeis and apprevis, and
perpetuallie confirmis the royall power and authoritie over all
statis, alsweil Spirituall as Temporall, within this Realme, in the
persoun of the Kingis Majestie, our Souerane Lord, his airis and
successouris: And als statutis and ordainis, that his Hienes, his
said airis and successouris, be thameselffis and thair counsellis,
ar, and in tyme to cum sallbe, juges competent to all personis
his Hienes subjectis, of quhatsumever estate, degrie, functioun,
or conditioun that ever they be of, Spirituall or Temporall, in
all matteris, quhairin they, or ony of thame, sallbe apprehendit,
summound, or chargeit to answer to sik thingis as sallbe inquirit of
thame, be our said Soverane Lord and his Counsell. And that nane of
thame, quhilkis sall happin to be apprehendit, callit, or summound,
to the effect foirsaid, presume, or tak upoun hand to decline the
jugement of his Hienes, his airis or successouris, or thair Counsell,
in the premisses, under the pane of treasoun.
XII.
Ane Act dischargeing all jurisdictionis and judgementis,
not approuit be Parliament, and all Assembleis and
Conventionis, without our Souerane Lordis speciall licence and
commandement.[38]--Act 1584, c. 4.
Forsamekle as in the trublous tymis, during thir xxiiij zeris bypast,
syndrie formis of jugementis and jurisdictionis, alsweil in Spiritual
as Temporal causes, ar entrit in the practis and custome, quhairby
the Kingis Majesties subjectis ar oftymis convocat and assemblit
togidder, and panis alsweil civill and pecuniall, as Ecclesiasticall,
inioinit unto thame; proces led and deduceit; sentences and decreitis
gevin, and the same put in executioun: Na sik ordour as zit being
allowit of, and approuit be his Majestie, and his thrie Estatis in
Parliament, contrare the custome obseruit in onie other Christiane
Kingdome, or weill governit commoun weill; and to the diminissing of
the force and power of his Hienes awin lawis, be the quhilkis his
Majesties subjectis aucht to be rewlit; and speciallie his Hienes
and his Estatis, considering that in the saidis assembleis, certane
his subjectis have takin upon thame to justifie, and auctorize the
fact perpetrate aganis his Hienes persoun and Estate at Ruthven,
and prosecutit thairefter, quhill his Majestie, at Goddis pleasour,
recoverit his libertie, having, in thair pretentit maner, maid
actes thairupoun, kepis the same in Register, and as zit seimis to
allow the said attemptat, althoucht now publictlie condemnit be his
Hienes and Estatis as treasounable, nane of the authoris thairof
having cravit his Hienes pardone thairfoir. For remeid quhairof, in
tyme cumming, swa that according to the lovable act of his darrest
Guidsir, King James the Ferd, of worthie memorie, all his Hienes
liegeis (being under his obeissance) man be rewlit be his awin lawis,
and the commoun lawis of this Realme, and be nane uther lawis: Our
Soverane Lord, and his thrie Estatis, assemblit in this present
Parliament, dischargeis all jugements and jurisdictionis, Spirituall
or Temporall, accustomat to be usit and execute, upoun ony of his
Hienes subjectis, quhilkis ar not approvit be his Hienes, and his
saidis thrie Estatis, convenit in Parliament: and decernis the
same to ceis in tyme cumming, quhill the ordour thereof be first
sene and considerit be [his Hienes, and his saidis thrie] Estatis
[convenit] in Parliament, and be allowit and ratifeit be thame:
Certefeing thame, that sall proceid in using and exerceing of the
saidis jugementis and jurisdictionis, or in obeying of the same, not
being allowit, and ratifeit, as said is, They sallbe repute, haldin,
callit, persewit, and punissit as usurparis, and conteminaris of his
Hienes auctoritie, in exemple of utheris. And als it is statute and
ordainit, be our said Soverane Lord, and his thrie Estatis, that
nane of his Hienes subjectis, of qwhatsumever qualitie, estate, or
functioun they be of, Spirituall or Temporall, presume or tak upoun
hand, to convocat, convene, or assemble thameselflis togidder, for
halding of councellis, conventionis, or assembleis, to treat, consult
and determinat in ony matter of Estate, Civill or Ecclesiasticall,
(except in the ordinare judgementis) without his Majesties speciall
commandement, expres licence, had and obtenit to that effect, under
the panis ordinit be the lawis and actis of Parliament, aganis sic as
unlawfullie convocatis the Kingis lieges.
XIII.
The Causes and Maner of Deprivation of Ministers.--Act 1584, c.
5.[39]
Our Soverane Lord, and his thrie Estatis, assemblit in this present
Parliament, willing that the word of God salbe preachit, and
Sacramentis administrat in puritie and synceritie, and that the
rentis, quhairon the Ministeris aucht to be sustenit, sall not be
possest be unworthie personis neglecting to do thair dewties, for
whilkis they accept thair benefices, being utherwayis polluted
with the fraill and enorme crymis and vices after specefeit. It is
thairfoir statute and ordainit be his Hienes, with auice of the
saidis thrie Estatis, That all Personis, Ministeris or Reiddaris,
or utheris providit to benefices, sen his Hienes Coronatioun,
(not having vote in his Hienes Parliament,) suspectit culpable of
heresie, papistrie, fals and erroneous doctrine, commoun blasphemie,
fornicatioun, commoun drunkennes, non-residence, pluralitie of
benefices having cure, quhairunto they are providit sen the said
Coronation, Symonie and dilapidatioun of the rentis of benefices,
contrare the lait act of Parliament, being lawfullie and ordourlie
callit, tryit, and adjudgit culpable, in the vices and causes
abonewrittin, or onie of thame, be the ordinare Bishop of the diocie,
or utheris the Kingis Majesties Commissionaris to be constitute in
Ecclesiasticall causes, sall be deprivit alsweil fra thair functioun
in the Ministerie, as fra thair benefices, quhilkis sallbe thairby
declarit to be vacand; to be presentit and conferrit of new, as gif
the personis possessouris thairof were naturallie dead: And that it
sallbe esteemit and jugeit not-residence, quhair the persoun being
in the functioun of the ministerie, providit to ane benefice, sen
the Kingis Majesties Coronatioun, makis not residence at his mans,
gif he ony hes; and failzeing thereof, at sum uther dwelling place
within the parochin, but remainis absent thairfra, and from his kirk,
and using of his office, be the space of four Sondayis in the haill
zeir, without laufull caus and impediment, allowit be his ordinare.
And quhair ony persoun is admittit to ma benefices, havand cure, sen
our Soverane Lordis Coronatioun, the acceptatioun of the last sallbe
sufficient cause of deprivatioun from the remanent, swa that he be
providit to twa or ma benefices havand cure, sen the tyme of the
said Coronatioun. And nevertheles this present act sall not extend
to ony persoun providit to his benefice befoir the said Coronatioun,
nather sall the bruking of the said office, quhairunto he was
providit of befoir, induce pluralitie of benefices in this cace,
bot he sall allanerlie tyne his richt of the benefice quhairunto
he wes providit sen the said Coronatioun alanerlie: And unioun of
kirkis to ane benefice not to be jugeit pluralitie, quhill farder
ordour be establissit and providit in that behalf: Likeas alswa, the
personis being in the functioun of the ministrie, that sall happin
to be lawfullie and ordourlie convict befoir our Soverane Lordis
Justice-Generall, or utheris thair Jugeis competent of criminall
causis, sik as treasoun, slachter, mutilatioun, adulterie, incest,
thift, [commoun oppressioun, usurie aganes the lawis of this
Realme,] perjurie, or falset: They being likewayis lawfullie and
ordourlie deprivit fra thair functioun in the ministerie, be thair
ordinare, or the Kingis Commissionaris in Ecclesiasticall causes.
The benefices possest be the saidis personis to vaik, be reasoun of
the said convictioun, and deprivatioun. And this to have effect and
executioun onlie for crimis, vicis, faultis, and offenceis, that sall
happin to be committit efter the dait heirof.
XIV.
Act for abolisheing of the Actis contrair the trew Religion.
[Ratification of the libertie of the trew Kirk: Of Generall and
Synodal Assemblies: Of Presbyteries: Of Discipline. All Laws
of Idolatrie ar abrogate: Of presentation to benefices.]--Act
1592.[40]
Our Soverane Lord and Estaittis of this present Parliament, following
the lovable and gude example of thair predecessours, Hes ratifiet
and apprevit, and be the tenour of this present act, ratifies
and apprevis all liberties, privileges, immunities and freedomes
quhatsumevir, gevin and grantit be his Hienes, his Regentis in his
name, or onie of his predecessouris, to the trew and haly Kirk,
presentlie establishit within this realme; and declarit in the
first Act of his Hienes Parliament, the twentie day of October,
the zeir of God ane thousand, five hundreth, three-scoir ninetene
zieres: and all and whatsumevir actis of Parliament, and statutes
maid of befor, be his Hienes and his Regentis, anent the libertie
and fredome of the said Kirk: and specialie the first act of the
Parliament, halden at _Edinburgh_, the twentie foure day of October,
the zeir of God ane thousand, five hundreth, and four-scoir ane
zieres, with the haill particulare actis thairin mentionat, Quhilk
sall be als sufficient as gif the samyn wer herin exprest. And all
uther actis of Parliament maid sensyne, in favouris of the trew
Kirk; And siklyk, ratifies and apprevis, the Generall Assemblies
appointed be the said Kirk: And declairis, that it sallbe lauchfull
to the Kirk and Ministrie everilk zeir, at the leist, and offer
_pro re nata_, as occasioun and necessitie sall require, to hald
and keip Generall Assemblies: Providing that the Kingis Majestie,
or his Commissioner with thame to be appoyntit be his Heines, be
present at ilk Generall Assemblie, befoir the dissolving thairof,
nominat and appoint tyme and place, quhen and quhair the nixt
Generall Assemblie salbe haldin: and in caise nather his Majestie,
nor his said Commissioner, beis present for the tyme in that toun,
quhair the Generall Assemblie beis halden, Then, and in that caise,
it salbe lesum to the said Generall Assemblie, be themselffis,
to nominat and appoynt tyme and place, quhair the nixt Generall
Assemblie of the Kirk salbe keipit and haldin, as they haif bene
in use to do thir tymes bypast. And als ratifies and apprevis the
Sinodall and Provinciall Assemblies, to be haldin be the said Kirk
and Ministrie, twyis ilk zeir, as they haif bene, and ar presentlie
in use to do, within every Province of this realme; And ratifeis and
apprevis the Presbiteries, and particulare Sessionis, appoyntit be
the said Kirk, with the haill jurisdictioun and discipline of the
same Kirk, aggreit upon be his Majestie, in conference had be his
Heines with certane of the ministrie, convenit to that effect: of
the quhilkis Articles the tenour followis. MATERIS to be
entreated in Provincial Assemblies: Thir Assemblies ar constitute
for wechtie materis, necessar to be entreatit be mutuall consent,
and assistance of brethrene, within the Province, as neid requyris.
This Assemblie hes power to handle, ordour, and redresse, all things
omittit or done amisse in the particulare Assemblies. It hes power
to depose the office-beareris of that Province, for gude and just
causeis, deserving deprivatioun: And, generallie, thir Assemblies
hes the haill power of the particulare Elderschippis, quhairof they
ar collectit. MATERIS to be entreated in the Presbiteries.
The power of the Presbiteries is to give diligent lauboris in the
boundis committed to their chairge: That the kirks be kepit in gude
ordour, To enquire diligentlie of naughtie and ungodlie personis:
And to travell to bring thame in the way agane be admonitioun, or
threatning of Goddis jugementis, or be corectioun. It appertenis
to the Elderschip, to tak heid that the word of God be puirlie
preachit within thair boundis, the Sacramentis richtlie ministrat,
the Discipline intertenyit, And Ecclesiasticall guidis uncorruptlie
distributit. It belangis to this kynd of Assembleis, to caus the
ordinances maid be the Assembleis, Provinciallis, Nationallis, and
Generallis, to be kepit and put in executioun, to mak constitutionis,
quhilkis concernis το πρεπον in the Kirk, for decent ordour, in the
particulare kirk quhair they governe; Provyding that thay alter na
rewlis maid be the Provinciall or Generall Assemblies: And that they
make the Provinciall Assemblies foirsaidis, privie of the rewlis
that they sall mak, and to abolishe constitutionis tending to the
hurte of the same. It hes power to excommunicat the obstinat, formale
proces being led, and dew intervall of tyme observit. ANENT
particulare kirkis, Gif they be lauchfully rewlit be sufficient
minsteris and sessioun, Thay haif power and jurisdictioun in thair
awin Congregatioun, in materis Ecclesiasticall. And decernis and
declairis the said Assembleis, Presbiteries, and Sessiounes,
Jurisdictioun and Discipline thairof foirsaid, to be in all tymes
cuming, maist just, gude, and godlie in theselff, Notwithstanding of
quhatsumevir Statutis, Actis, Cannon, Civile, or Municipall Lawes,
maid in the contrair; To the quhilkis and every ane of thame, thir
presentis sall mak expres derogatioun: And becaus thair ar divers
Actis of Parliament, maid in favour of the Papisticall Kirk, tending
to the prejudice of the libertie of the trew Kirk of God, presentlie
professit within this realme, jurisdictioun, and discipline thairof,
Quhilk stands zit in the buikis of the actis of Parliament, not
abrogat nor annullit: Thairfoir his Heines and Estaittis foirsaids
hes abrogat, cassit, and annullit, and be the tennor heirof,
abrogatis, cassis, and annullis all Actis of Parliament maid be ony
of his Hienes Predecessoris, for mantenance of superstitioun and
idolatrie, with all and quhatsumevir Actis, Lawes, and Statutes, maid
at ony tyme, befoir the day and dait hereof, aganis the libertie of
the trew Kirk, jurisdictioun, and discipline thairof, as the samyn is
usit and exerceisit within this realm. And in speciall, that pairt
of the sevint act of Parliament halden at [_Streviling_, the fourt
day of _November_, ane thousand four hundredth, fourty-three] zeiris,
commanding obedience to be gevin to _Eugin_ the Pape for the tyme:
the 109 act made be King James the _thrid_, in his Parliament halden
at _Edinburgh_ the twenty-fourth day of _Februar_, [the zeir of God]
ane thousand, four hundreth, fourscor thrie zeirs. And all utheris
actis quhairby the Paipis authoritie is establishit. The 47 act of
King James the _third_, in his Parliament halden at _Edinburgh_, the
[twenty day of _November_, ane thousand, four hundredth, three scor
nine] zeires, anent the Satterday and uther vigilis to be hally dayes
from Evin sang to Evin sang. ITEM, that pairt of the 31 act
maid be the _Queene Regent_, in the Parliament halden at _Edinburgh_,
the first day of _Februar_ ane thousand, five hundredth, fifty-ane
zeirs, Geving speciall licence for haldin of _Pashe_ and _Zule_.
ITEM, The Kingis Majesty and Estaitis foresaidis declairis,
that the secund Act of the Parliament haldin at _Edinburgh_, the
xxij day of Maij, the zeir of God ane thousand, five hundredth,
four scoir, four zeires, sall naways be prejudiciall, nor derogat
anything to the privilege that God hes gevin to the spirituall
office beareris in the Kirk, concerning heads of religioun,
materis of heresie, excommunicatioun, collatioun or deprivatioun of
ministeris, or ony sik essential censours, speciall groundit, and
havand warrand of the word of God. ITEM, Our said Soverane
Lord, and Estaittis of Parliament foirsaids, abrogatis, cassis, and
annullis, the XX act of the same Parliament, halden at _Edinburgh_,
the said zeir, ane thousand, five hundredth, fourscoir, four zeires,
granting commission to bischoppis and utheris juges, constitute
in ecclesiasticall causes, to ressaue his Hienes presentatioun to
benefices, to gif collatioun thairupon, and to put ordour in all
causes ecclesiasticall: quhilk his Majesty and Estaites foresaidis,
declairis to be expyrit in the self, and to be null in tyme cuming,
and of nane availl, force, nor effect. And thairfoir ordanis
all presentationis to benefices, to be direct to the particular
presbiteries, in all tyme cuming: with full power to thame to giff
collationis thereupon; And to put ordour to all materis and causes
ecclesiasticall, within thair boundis, according to the discipline of
the Kirk: Providing the foirsaidis presbiteries be bund and astrictit
to ressaue and admitt quhatsumeuir qualifiet minister presentit be
his Majestie, or uther laic patrounes.
XV.
Vnqualified persones being deprived, the Benefice vaikis, and the
Patron not presentand, the richt of Presentation pertaines to
the Presbytery, but prejudice of the tackes, set be the person
deprived.--Act 1592, c. 117.[41]
Our Souerane Lord Considering the greit abuses quhilkis ar laitlie
croppen in the Kirk, throw the misbehaviour of sik personis as
ar providit to ecclesiasticall functionis: sic as personages and
vicarages within any parrochin, and thairefter neglecting thair
charge, ather levis thair cure, or ellis committis sik crymes,
faultis, or enormities that they are fund worthie of the sentence
of deprivatioun, ather befoir thair awin presbiterie, or ellis
befoir the Sinodall and Generall Assemblies. Quhilk sentence is the
less regardit be thame, Because, albeit they be deprivit of their
functioun and cure within the Kirk: zit thay thinke they may bruike
lawfully the profites and rentes of their saids benefices, enduring
their lyfetymes, Notwithstanding the said sentence of deprivatioun:
Thairfore, our Soverane Lord, with avice of the Estaitis of this
present Parliament, declaris, that all and quhatsumever sentence
of deprivatioun, ather pronouncit already, or that happenis to
be pronouncit hereafter, be ony Presbyterie, Synodall or General
Assemblie, agains ony persone or vicare within their jurisdictioun,
provydit sen his Hienes coronation: (All personis provydit to
personages and vicarages, quha hes voit in Parliament, Secreit
Councill, and Sessioun, or providit thairto of auld, befoir the
Kingis coronatioun, And Maister _George Young_, Archidene of _Sanct
Androis_, being specially exceptit,) is and sal be repute in all
jugementis, ane just cause to seclude the persone befoir providit,
and than deprivit frome all profites, commodities, rentis, and
deweties of the said personage and vicarage, or benefice of cure: And
that ather be way of actioun, exceptioun, or reply. And that the said
sentence of deprivatioun salbe ane sufficient cause to mak the said
benefice to vaike thereby. And the said sentence being extractit and
presentit to the Patroun, the said Patroun sal be bund to present
ane qualifiit persone of new to the Kirk, within the space of sex
monethis thairefter: And gif he failzie to do the same, the said
Patroun sal tyne the richt of presentatioun for that tyme allanerlie:
And the richt of presentatioun to be devolvit in the handes of the
Presbytery within the quhilk benefice lyes; to the effect that
thay may dispone the same, and gif collatioun thereof, to sik ane
qualifiit persone as they sall think expedient. Providing allwayes,
in caise the Presbytery refuises to admit ane qualifiit minister,
presentit to thame be the Patroun: It sall be lauchfull to the
Patroun to retene the haill fruitis of the same benefice in his awin
handes. And forder, his Heines and Estaitis foirsaides declairis,
that the deprivatioun already pronouncit, or to be pronouncit, be
ony Presbytery, Synodall or Generall Assemblies, agains ony of the
personis or vicaris foirsaid, sall nawayes hurte or be prejudiciall
to ony tackes, lawchfullie set be that persone deprivit, befoir his
deprivatioun, to quhatsumevir personis.
NOTE--_20th March 1839._
Since the Preface to these sheets was in types, and, indeed, after
it was made up for the press, the Editor has been favoured with the
subjoined Letter from Dr Lee, in reply to some inquiries with regard
to the measures adopted for recovery of the ancient Records of the
Church. It would have been embodied in the Preface had it reached in
time; but the Editor avails himself of this opportunity to do justice
to all the parties who have taken an interest in the matter of our
ancient Records, and seconded Dr Lee’s most meritorious exertions.
“_March 19, 1839._
“MY DEAR SIR,
“I am sorry that neither my health nor my leisure allows me
to detail any of the proceedings with a view to the recovery
of the Records of the Church. From the year 1820 to 1830, the
correspondence on the subject with the late and the present Bishop
of London, continued at frequent intervals, and I took repeated
journies to London for the purpose of carrying the point. Messrs
Spottiswood and Robertson were very active in the matter. I
had many interviews with several members of the Government and
Legislature, and, in particular, I was greatly indebted to the Earl
of Haddington, Sir William Rae, and Mr Home Drummond. The Dean
of Faculty (then Solicitor-General) took a great interest in the
matter, and I ascribe it very much to his influence, combined with
the very hearty and vigorous exertions of Sir William Rae, that Sir
Robert Peel, when Secretary for the Home Department, interposed in
1829.
“There had been Petitions to Parliament--That to the House of Lords
was presented by Lord Haddington, and supported by Lord Melville.
The Petition to the House of Commons was presented by the Lord
Advocate, (Sir Wm. Rae,) and supported by Sir James Mackintosh and
many other Members. The effect of these movements, and especially
of a letter from the Secretary of State to the President of Sion
College, was to prevail on them to go the length, in 1830 or 1831,
(I have not the precise date in my recollection,) of resolving to
consent to a full transcript from these Records being taken, at
the expense of the Church of Scotland. Unhappily this resolution
was not communicated to me till the time of the meeting of the
Patronage Committee in 1834; and a majority of that Committee, when
they ordered the Books before them, resolved to retain them.
“It is needless now to reflect on what was done. The object of
this resolution was to serve the Church; but some oversight was
committed, through which the Books were left in very unsafe
keeping, and so they perished irrecoverably. It is still possible
that the Duplicate, which was presented to the Assembly 1638,
may exist. It consisted of more volumes, and was more truly the
Register than that which was in Sion College. But where it can be
is not so easily conjectured. I really think it very probable that
it is still in existence.--In haste,
“Yours,
“J. LEE.”
[FIFTY-SEVENTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, convenit at
Dundee the twenty-fourth of Apryll 1593.
Exhortatione made be Mr Robert Bruce, Moderator of the last
Assemblie. The brethren, according to their order, proceeding to the
electione of ane Moderator, appoyntit in leitts Mrs David Lyndsay,
James Balfour, James Nicolsone, Andrew Melvill, Patrick Simpsone,
and, be pluralitie of vots, the said Mr David was chosen Moderator,
_hac vice_.
Sess. 4. 25 Aprilis.
The Commissioners underwryten presentit thir Articles following to
his Majestie and Counsell convenit, viz. The Lairds of Abbotshall,
Wadderburne, and Merchestoune, John Arnot and William Little,
sometyme Proveists of Edinburgh, and Clement Car; Mrs Robert Bruce,
Patrick Galloway, James Nicolsone, and Walter Balcanquall.
Followes the Tenor of the saids Articles and humble Petitiones
of the Generall Assemblie of the Kirk, cravit of his Majestie,
Counsell, and Nobilitie, presently convenit.
First, Seeing the increase of Papistrie is daily within this realme.
It is cravit of his Majestie, that all Papists within the samen be
punisched according to the lawes of God and this realme.
_Item_, That the act of Parliament, _ipso facto_, may strick upon
all manner of men, landit and unlandit, constitute in office or
utherwayes, of what sort soever they be, alseweill as the samen is
provydit to strick against beneficit persones.
_Item_, That a declarator may be given against Jesuites, Seminarie
Priests, and trafficking Papists, declareing them culpable of
treasone and lese Majestie, whereby the receipters of such persones
may be punischit according to the act of Parliament; and that
reformation may be had of the said act in that pairt where the samen
is only expendit against such persones receipts them be the space
of three dayes, and that the penaltie of the act may be inflicted
againes any receipters without any condition of dayes.
_Item_, That all such persones as the Kirk shall finde and declare
publickly to be Papists, although they be not excommunicat, be
debarrit from brooking any office within the realme, as also from
accesse to his Majestie’s companie, and from enjoying any benefite
of the lawes; as also that the paine of horning, and other civill
paynes, may follow upon the said declarator, such lyke as presently
followes upon the sentence of excommunicatione, and that ane act of
Councill presently be made and published thereupon, qwhill the nixt
Parliament, qwhere the samen may be establisched in ane law.
_Item_, That his Majestie will consider the great prejudice done
to the haill Kirk by erecting of the teynds of diverse prelacies
in temporalitie, as of the Abbay of Paslay and sundry others, be
the qwhilks the planting of Kirks is greatly prejudged; and that,
therefore, ane substantiall order may be tane for remedie thereof.
Forsuameikle as the numbers of the Presbytries within this realme and
their places wald be knowne, the names thereof being inquyrit, the
full Assemblie and number of the samen were given up as follows, viz.
Ane Presbytrie in Zetland, 1, callit Tingwald: In Orknay, Kirkwall:
In Kaithness, Thurso: In Sutherland, Dornoch: In Rosse, Taine and the
Chanonrie: In Murray, 4; Innerness, Fortress, Elgine, and Ruthwen:
In Aberdeene, 5; Bawmff, Deer, Innerowrie, Aberdeen, and Kincardine:
In Mearns, 1, Cowy: In Angus, 4; Brechine, Arbrothe, Meagle, Dundee:
In Dunkeld, 1, Dunkeld: In Perth, St Johnstoune, Dumblaine: In Fyfe,
4; St Androiss, Couper, Drumfermling, and Kyrkaldie: In Striviling,
ane; Lynlithgow: In Lowthiane, 4; Edinburgh, Dalkeith, Haddingtowne,
and Dumbarr: In Tweidisdaill, Peeblis: In the Merss, 2; Chirnsyde
and Dunce: In Teviotdale, Jedburgh and Melross: In Nythsdale, ane;
Drumfreis: In Galloway, 2; Kirkcudbright and Wigtoune: In the
Shreffdome of Aire, 2; Aire and Irwing: In Ranfrow, Paislay: In
Lennox schyre, Dumbartone: In Clydsdale, 3; Glasgow, Hamiltone, and
Lanrick.
Forsuamikle as the visitation of the Presbytries throughout the
realme is thought ane thing very necessare, and from diverse
Assemblies commissione hes been given to that effect; notthelesse
ane necessitie yet remaining qwhilk craveing the continowing of
the said commissione, The Kirk, therefore, and the Commissioners
present, hes given commissione to certaine brethren to visite and
try the doctrine, lyfe, and conversation, diligence and fidelitie,
of the pastores within the saids Presbytries, and sicklyke to
try if there be any of the beneficed number within the samen, not
making residence, having no reasonable cause, to purge the samen; if
there be any that hes dilapidated their benefices, sett tacks and
wthers dispositiones thereof by the consent of the Generall Kirk
of God, and unable and unqualified to teache and edifie; and with
advyce of the Presbytrie within the qwhilk the saids persones are,
to proceed against them according to the qualitie of the offence,
or depositiones of their offices according to the acts of the Kirk:
And that for schortning of the Commissioners’ travells, ane diligent
tryall amang themselves be taken for the Commissioners’ coming,
Qwherein they may understand and note the abuse qwhilk wald be
correctit; commanding also the Presbytries within the qwhilks the
saids Commissioners remaynes to provyde for the saids Commissioners’
flockes in their absence in the said visitatione.
Sessio 5^a. 26 Aprilis.
The Kirk and Commissioners present ordaynes the parochiners of St
Androis to landwart, to bige ane edifice to themselves, ane paroche
kirk, in such ane place as the saids parochiners and Presbytries
agries upon, nearest the mids of the paroche, betwixt and Lambas come
ane year, according to their sute made to Parliament, and sicklyke
made to the Assemblie; certifying them if they failzie, they shall be
debarrit from all benefice of the Kirk of St Androis.
Sessio 6. Eodem die.
The names of the Kirks vaikand in Angus and Mairnes:
Inchesture, Abernyte, Innergowrie, Logie, Lundie, Strukinniture,
Inneraritie, Beadoquhy, Ruthven, Glenila, Glames, Essie, Clodag,
Kyntrahane, Achie, Methri, Tannadaice, Aldbar, Inch-Braikie, Newdiske.
Kirks within the Synodall of Glasgow unprovydit:
Kilmarnock, Paislay, Kyllarnie, Balfrone, Strablade, Cardrosse,
Inchealzell, Baldernock.
The Kirks provydit with men, but wanting stipends be vertue
of the erectione of the teynds of the Abbacie of Paislay in
temporalities:
Hammiltone, Glasford, Admoiss, Blantyre, Schotts, Dalserff, Lanrick,
Dolphingtoune, Carringtowne.
The names of the Kirks unplantit within the bounds of Merss:
Lammertoune, Fischerwicke, Swintowne, Howden, Fogo, Grundlay,
Stitchill, Nenthorne, Hoome, Bassanden, Ednem, Cranschaws, Ellen.
Kirks vaikand within the Presbytries of Dumblaine:
Aberfoill, Kilmahugo, Callendar, Leny, Port, Kilbryde, Balqwhidder,
Carnbie, Tullieschidlie, Sowane, Moniwaird, Strageithie, Kynkell,
Aberwheem.
Kirks unplantit within the Presbytrie of Dunkeld:
Strathphiline, Killine, Andrum, Inchadden, Weymes, Pitcharren alias
Graintully, Kirkbreinmure, Kylconquhade, Muckiggan, Cannoch, Strowan,
Blair in Athole, Ludeskill, Manenach, Muling, Finlargie, Munnach,
Dowallie.--In the laich land:--Ladybryde, Ochtergovine, Kynlewine,
Capechie, Lachundie, Blair in Gowrie, Glenshie.
Kirks vaikand in Kathness, Thurso:
Within Orknay, the South Hamptoune Kirk; North Rannaldsay: In
Zetland--Archedenorie, Fara, Birsa, Nesting, Levingsting, Kingfuing.
Sessio 7. 27 Aprilis.
In presence of the haill Assembly, compeired Sir James Melvill of
Halhill, ane of the Commissioners direct be his Majestie to compeir
in his Heines’ name as Commissioner, and presentit his Majestie’s
missive direct to that effect, with certaine articles, and ane act
of Parliament for instructing thereof, qwhilk the Assemblie thocht
meet privatly to be considerit be certaine brethren, qwha were
appointit to conferre with his Majestie’s Commissioners, and to that
effect were dispatchit out of the Assemblie to advyse and giue their
opinione at their returne, to witt, Mrs Robert Bruce, Robert Pont,
Andrew Melville, James Nicolsone, Peter Blackburne, James Melvill,
the Laird of Cambo, Commissioners of Edinburgh: Qwho returning, read
the Articles and their Answers, qwhilks the Kirk approvit; Ordayning
the saids Articles, Answers thereunto, and act of Parliament, to be
insert in the Register of the Kirk, qwherof the tenor followis:--
The Articles proponit in his Majestie’s name to the Generall
Assemble, presently convenit at Dundie.
His Majestie declares, that in respect he cannot of honour sie the
priviledge of his Crowne hurt, Therefore he will have regard to
sie the last act of Parliament keepit concernyng the conveining of
the Generall Assemblie be his Majestie’s appoyntment; willing them
heirfore, before their skailling, to direct two or three of their
number unto him, to desyre him to appoynt the day and place of their
next conveining.
Secondlie, His Majestie desyres them to make ane Act of their
Assemblie, prohibiting all and euery ane of the ministrie, under
the paine of deprivatione, to declame againes his Majestie or
Counsellors’ proceedings in pulpit, not only in respect of his
Majestie’s knawne good intention, for the furthsetting of pietie and
justice, but lykewayes because his Majestie at all tymes giues readie
accesse and loving care to sundrie of the ministers, to informe,
delait, or complaine, either in their awn name or in the name of any
of the brethrene.
Thirdly, His Majestie desyres them to appoynt and put on leitt, fyve
or six of the most discriet of the ministers, that his Majestie may
make choice of twa of them to serve in his house, in respect of Mr
Craig his decripit age.
Fourthly, Seeing the standing of the religione and the welfare of
his Majestie’s persone are so inseparablie joynit, as qwhatsumever
are enemies to the ane are commone enemies to both; so his Majestie
desyres, that through all the Presbytries of this countrie, there
shall be some appoyntit to advertise and informe his Majestie
heirafter, with diligence, for the mair speedie remedie, not only
of qwhatsumever practises they can learne many wayes, of Papists
and Spanish factiones, but also of the receipters and practises of
Bothwell, qwhereof they can haue any knawledge; Qwhais haill courses,
as they are directly against his Majestie’s persone, so whollie they
tend to the subversione of the whole religione: with direction also
to them to informe also the haill Barrones and honest men maist
tenderous of his Majestie’s wellfare to gine ever such faithfull
intelligence of the saids practises as they can learne from tyme to
tyme.
Fifthly, His Majestie desyres, that through all the countrie, qwhere
there is any ports for landing-places, that there be some of the
brethren speciallie appoyntit to deall so with the burgesses that
they may take good and sufficient tryall according to his Majestie’s
law made thereanent, of all those qwho shall hereafter come in, or
pass furth of this countrey qwharfra they came, and qwharto they
are bound; qwhat is their traffique or intention to doe: And so,
after good and sufficient tryell, if there be anything of weight
and importance, that they on no wayes faill to make his Majestie
acquaint therwithall; to the effect his Majestie may the more easilie
discover qwuhatsumever forraigne or civill practises, is or shall be
in heid against the present estate of religione: And this he cravit
to be done so faithfullie, as he hes good opinione of your earnest
affectione, no lesse in the preservation of his Majestie’s awne
persone as in the defence of the common cause; as also he promises to
assist and aide yow in all and qwhatsumever your good resolutiones,
that may tend to the furderance of peace and quyetness; with the
advancement and maintainance of the religion presently professit in
this realme.
Humble Answers of the Generall Assemblie to the Articles proponit
be his Majestie’s Commissioners to the same, at Dundie, the
27th of Aprylle.
First, The Article concernyng the conveining of the said Generall
Assemblie is agreit unto, according to the tenor of the act of
Parliament presentit with the saids Articles.
As touching the 2d Article, It is ordaynit be the haill Kirk,
that no minister within this realme utter from pulpitt any rashe
or unreverent speeches againes his Majestie or Councill, or their
proceedings; but that all their public admonitiones proceed upon just
and necessar causes and sufficient warrant, in all fear, love and
reverence, under the paine of deposeing such as does in the contrare,
from their functione and office in the ministrie.
As to the 3d Article, The Kirk agries therto, and speciallie anent
the provisione of ministers ane or mae to his Majestie; that certaine
be nominat be the Commissioners direct to his Grace with his advyce,
of qwham his Majestie may make choyse: and the brethren to be lykit
of his Majestie, to be placit and admittit be the Presbytrie where
his Grace shall be resident for the tyme.
As concernyng the 4th and 5th Articles, the samen are condescendit
to and order taken, as his Majestie shall be particularly informit be
the said Commissioners.
Follows the tenor of the act of Parliament.
[The Act 5th June 1592, 12 James VI. is referred to--_Vide_
Appendix II. p. 373.]
Ordaynes supplicatione to be made in Parliament, that in all kirks,
alsweill Abbay and Cathedrall Kirks, or uthers qwhatsumever, qwhere
either the haill parochine is kirkland, or ane pairt thereof only,
and there hes neither been manses nor gleibs knawne to appertayne
therto of old,--that the Estates of Parliament make the act
concernyng the designatione of manses and gleibs to be extendit to
all the forsaids kirks, and that there be four aikers of kirkland
designit and grantit to the minister most commodious and nearest the
kirk, qwhether there hes bein a gleib there, or ane part only, not
extending to four acres of land.
Sessio 8^a. Eodem die.
Anent Colledges and rents thereof: The Assembly hes ordayned that no
dispositione of the rents and living thereof be tack or uther title
be made without the advyce and consent of the Generall Assemblie,
under the paine of depositione of the persones doeing in the contrare.
Anent the residence of ministers, for furderance of the residence of
such persones as partaike of manses are non-resident: It is resolvit
and agreit that euery parochine where the pastors’ manses is aither
ruinous or altogether laiks, be ordaynit to repare and build the same
manses upon their awne expenses, with stane, timber, and all uther
materialls, with workmanship, carriage, and uthers things needfull
for the repairing and bigging thereof, Qwhilk if they faillie and
refuse to doe, being dewly requyrit, they shall not only, so many as
refuis, be halden be the Kirk, the haill cause of their pastor’s not
residence, but also it shall be lawfull to the aires, executors, and
assignayes of the minister or reader departing, or himselfe dureing
his lyfetyme, to reteine the possessione of the manse builded be
him, in caice he build and repaire the same upon his awne expenses
after the refusall of the parochiners, ay and qwhill the nixt intrant
minister or reider refund to him, his aires, executors, or assigneys,
the haill expences made be him for repairing and building; at leist
saemeikle thereof as the parochine cannot be movit to refound;
and that the presbytrie at the intrant’s admissione take order for
performance heirof: provyding that the expences to be made be the
said pastor or reader exceed not four hundreth marks, and that the
presbytrie, after his repairing or bigging of the said manss, take
the exact compt and tryall of his expenses, and give him their
allowance tharupon, to be registrate in their books; And this act
alsweell to extend to them that is alyve and hes alreadie bigged,
as to them that are to bigg or repaire hereafter. And lykewise the
second and third minister or reader, and consequently the successors
to the ministers where the manss is biggit, shall haue the lyke
title to crave of the intrant after him the said expenses, qwhilk
he hes depursit to his predicessors, ay and qwhill the parochiners
redeem and acquit the said manss or bigging thereof, to be made free
thereafter to the intrant minister or reader.
Sessio 9. Aprilis 28.
Because the haill Assembly could not meet before the Parliament to be
haldin in June next, It is ordaynit that a brother or twa [of every
Presbytrie[42]] shall meet to consult, treat, resolve, and conclude
upon such heads, poynts, articles, petitions, and supplicationes,
as they shall think meet to be cravit and concludit be consent of
Parliament, for the glory of God, and comfort of the generall Kirk;
qwhilks breither shall haue the power of the said Generall Assembly,
and proceed as the samen might doe if the haill number were present.
The qwhilk day, after the reasons were heard and discussit, contenit
in the appellatione presentit to the Generall Assemblie be Mr Andrew
Young, minister of Dumblane, the Generall Assembly ordaynes the
Presbytrie of Dumblane to be transportit to Auchterardour, with
libertie to the brethren of Dumblane appealing, aither to resort to
Auchterardour or Striviling, as they please.
Forsuameikle as in Synodall Assemblies, the books of particular
presbytries are tryit and visitit, and heretofore, the books of
the Synodall Assemblies hes not bein tryit in the Generall, qwhilk
appears to the haill brethrene to be necessar: Therefore it is
concludit in tyme coming, to every Generall Assembly, the books of
the Synodall Assemblies shall be direct be the Synodalls, to be
sichtit and considerit in the Generall Assembly, for understanding
the better of their proceedings, under the panes of the censure of
the Kirk.
Anent the contraversies betwixt the brethren of the ministrie: ffor
uptacking thereof, it is resolvit and concludit be the haill brethren
and Commissioners present, that qwhene any plea or contraversy aryses
betwixt the breither of the ministrie, though it be in ciuil matters,
if they be of ane presbytrie, that they elect brethrene of the said
presbytrie, to qwhat number they think best, qwho shall choose ane
oversman, and summarly decyde and give sentence in the matter, qwhilk
shall be irrevocable; and no appelatione to be interponed therefrae:
And if they be of diuerse presbytries, they lykewise make election of
brethren of aither of the presbytries, in equall number as the saids
contendars shall agree, qwhilk brethren so electit shall choose ane
oversman, and decyde and give sentence as said is; from the qwhilk no
appellatione shall be interponit. And if any brother will be willful
and refuse this forme and submissione, he shall be halden be the
Kirk contumax. Att Edinburgh, 24th of March 1595.[43] The pane is
deprivatione, and that this act be put in executione presently for
decision of the contraversie betwixt James Andersone and Mr Henry
Guthrie.
Anent the Ministrie of St Androis: The Generall Assembly Ordayns
and appoynts Mr David Black, minister of St Androis, to discharge
the dewtie of ane lawfull ordinar pastor therein, in preaching the
word, ministratione of the sacraments, and exercising of discipline,
so far as he is able to doe, according to the measure of his gifts
that God hes bestowit on him; and to the intent that the said Mr
David may, with fruit and comfort, trauell in the said ministrie,
the said Assembly ordaynes the said Mr David to give in into the
presbytrie thair, such things as he wald haue furtherit and brocht to
passe for the wiell of the said congregatione and ministrie thereof,
to the performance qwhereof, the said presbytrie shall indevoure
themselves to the wttermost, having before their eyes the honour of
God, the weell of the people and towne, and ease and peace of their
awne conscience; unto the qwhilk presbytrie, this present Assemblie
grants and committs full power and authoritie for that effect. And
because the said Mr David is not able to enter in that charge alone,
the said Assembly hes nominat Mr Robert Wallace, for the speciall
meet qualities they know to be in him, to be associat with the
said Mr David, as ane fellow-labourer in the ministrie foresaid;
giving full commission to the presbytrie to try the consent of the
haill towne and universitie of St Androis, concerning their lyking
of the said Mr Robert to be associat in the ministrie as said is;
and finding no reasonable cause alleadgit and verified against the
said Mr Robert, in lyfe or doctrine, qwhairfore they should not
giue their consent and approbatione to the said Mr Robert, for the
cause mentionat, but the maist part of the towne and universitie,
consenting to his ressait, the Generall Assemblie ordaynes the said
presbyterie to associat and place the said Mr Robert, fellow-labourer
with the said Mr David Black, and the said towne of St Androis to
pay the said fellow-labourer his stipend thankfullie, according to
the promise made in Synodall and General Assemblies. And in caice
the maist part of the said towne and universitie consent not to the
receiving of the said Mr Robert, the Kirk gives libertie to the said
Mr David, with advyse of the said towne, to choyce ane brother, of
qwhom they may both haue lyking: and to the intent, this order taken
with the said ministrie of St Androis as is above sett downe, may be
better performit and settlit, the said Assemblie giues commission to
Mrs Robert Bruce and David Lyndsay, conjunctlie and severallie, as
their adoes and occasiones may permitt, to visit the said Kirk of St
Androis in their returning from the Assemblie, and travell with the
haill number of the said kirk, for putting of their ministrie to ane
peaceable stay and ordour: as also, to sie that qwhilk is decernit in
this Assembly concernyng the landwart to be forderit and brought to
passe, and for quyeting the state of the towne.
Mr William Coke, younger, for the provest, baillies, and councill of
the towne, disassentit from the nominatione of Mr Robert Wallace.
The Generall Assemblie, by the authoritie given to them of God,
discharges all and every Christiane within the Kirk of Scotland from
repairing to any of the King of Spaine his dominions qwhere the
tyrannie of inquisitione is used for traffiquers with merchandice,
negotiatione or exercing of sea-fareing occupatione, untill the tyme
the King’s Majestie, be the advyce of the Counsell, haue saucht and
obtained speciall libertie and licence of the King of Spaine for all
his leiges and subjects, to traffick in merchandice, and occupie
within the haill pairts of the King of Spaine his dominions, without
any danger to their persone or goods, for the cause of their religion
and conscience, under the paine of incurring the censure of the Kirk,
until the last sentence of excommunicatione.
[FIFTY-EIGHTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, convenit at
Edinburgh, the 7 of May 1594.
Exhortatione being made be Mr David Lindsay, last Moderator,
the Assembly proceedit to the electione of a new Moderator, and
appoynting the leets, Mr Andrew Melvill, Patrick Galloway, Patrick
Simpsone, Robert Pont, the said Mr Andrew was chosen _hac vice_.
Sessio 2^a. May 8.
The necessitie of the tyme and affaires qwhilk are to be intreatit
being considerit be the Kirk, it was concludit that no brother
having Commissione to this Assemblie depart from the samen, before
the finall dissolutione thereof, without licence obtained therefrae,
under the paine of suspensione from their office, untill they be
reponit be the said Generall Assemblie thereto. And as concernyng
the penaltie of Commissioners that comes not to the Assembly at all,
or remaynes not qwhill the end thereof, ordaynes the Register to be
considerit what hes been statute already, and to report afternoone.
Sessio 3^a. Eodem die.
Anent the citatione of James Drummond, Oliver Young, James Adie,
John Reid, Patrick Justice, William Hall, indwellers of Perth,
at the instance of the brethren of the presbytrie there, for the
sclanderous receipting of the apostats lords within their towne: the
saids persones compeirand and inquyrit gif they receipt the saids
lords, and acknowledged therein simplie ane offence done to God and
his kirk, answerit, they receavit them, but against their will, and
for obedience of the King’s charge; allwayes before the comeing of
the charge, the greitest pairt of all the towne had condescendit
to receave them; and being urged with the promise they made not to
receive them, and violatione thereof, answerit, that promise of
assistance was made to them and not keipit. After qwhilk answer
being removed, and certain good brethren being direct to conferr
with them, and re-entering, they for themselves, and in name of the
haill towne, confesst to the glory of God and satisfactione of the
Assembly, that they were over rasche and sudden in receiving such
notorious enemies to God, desyreing most earnestly that no man be
sclanderit or take evill example thereby; protesting before God, they
enterit in the towne against their hearts, that are present here,
promising be God’s grace never to give occasione in tyme comeing,
and to assist and maintaine the Kirk of God and his trew religion,
professit presently within this realme, and to resist the enemies and
adversaries thereof to the uttermost of their power, and to obey and
put in executione, so far as concerns their dewtie, the ordinances of
the Kirk agreeing with the word of God: qwhilk professione they gave
in in wreit, and subscrivit the samen with their hands, so many as
could wreit, in presence of the haill Kirk; qwhairwith the brethren
standing content, ordaynit the minister of the towne of Perth to
publische the same in the pulpit, and to declare satisfaction of the
Assembly thereanent, ordayning also the acts concernyng this offence,
registrat in the books of the Presbytrie, and proces deducit therein
against the towne, to be obliterat and put out of the register.
Sessio 4^a. May 9.
Anent the sentence of excommunication, pronuncit be the brethrene
of the Synodall Assembly of Fyfe, against the apostat lords:--The
haill Assemblie, in ane voyce, ratifies and allowes the said sentence
and proces of excommunication led against them, ordayning the haill
pastores within this realme, to intimate solemnly at their kirk
the said sentence, that nane pretend ignorance of the same, except
Alexander Lord Hoome, who hes satisfiet the Kirk, and relapsit
therfrae.
Forsuameikle as particular inquisitione hes been made of the
presbytries, concerning their diligence for extirpation of Papistrie,
and discipline usit against them, and receipters of excommunicat
Jesuites and Seminarie Priests, qwherthrow the danger evident to the
trew religione and Kirk of God may be rightly weyit, It was thought
meet to take ane consideratione of his Majestie’s endeavoure, and of
the haill Kirk’s farder in this matter; Qwherin, first, syndrie of
his Majestie’s good etlings were layit down, specially at the read
of Aberdeene, qwhere his Majestie, noblemen, and barrones, conveint,
made ane band for the surety of religion, took the houses of the
apostates, and putt them into them, callit such as were Papists,
qwhilk were sent to Edinburgh to satisfie, and commissione given be
his Majestie to the Earle Marischell of Livetennendrie for repressing
of Papists and traffiquers: Suchlyke divers barrones callit in his
Majestie to cognosce the same to be their handwreits be the blanks
subscribed be the apostate lords, qwho verified the samen to be
their handwreits. _Item_, After his returning from the read, ane act
of counsell made, that nane should procure at his Majestie for any
favour or grace to them, with ane charge to his ministers to take the
oathes of his domestickes, that they should no wayes interceid for
them at his hand; qwhilk was done.
And as concernyng the pairt of the Kirk in thir dangers, that it may
appear they have not been idle or negligent in craving remedie, their
trauells wes considerit in this, that they had proponed articles
to the Parliament for the forfaultor of the apostates: They had
direct their petitiones to Jedburgh, ffrom thence new articles to
Linlithgow; of all of qwhilks small success has beene, and the danger
nothing diminisched.
Followeth the tenor of the Bond and Act above specifeit.
Wee, Noblemen, Barrones, and wthers, undersubscryvand, being fully
and certainly perswadit of the treasonable practises and conspiracies
of syndrie his Heines’ unnaturall and unthankfull subjects against
the estate of the trew Religione presently professit within this
realme, his Majestie’s persone, Crowne, and libertie of this our
native countrey, and finding his Majestie’s good dispositione to
prevent and resist the samen, and to repress the chief authors
thereof, his Majestie having our concurrence and assistance to the
samen effect, Therefore, according to our bounden dewtie and zeall
aucht to God’s glory, loue of our natiue countrey, and affection to
his Majestie’s persone, Crowne, and estate, We haue promittit, and
be thir presents promitts faithfully, Binds and obleisses us, and
euery ane of us, to concurr and take ane aifald leill and trew part
with his Majestie, and ilk ane of us with wthers, to the maintainance
and defence of the libertie of the said trew Religione, Crown, and
Country, ffrom thraldome of conscience, conqueiss and slaverie of
strangers, and resisting, repressing, and persute of the chief
authors of the saids treasonable conspiracies; as, in speciall, of
George Earle of Huntlie, William Earle of Angus, Ffrances Earle of
Arroll, Sir Patrick Gordowne of Auchindowane, Knight, Sir James
Chisholme of Dundarne, Knight, Mr James Gordowne, William Ogelby,
Robert Abercrumbie, and all wthers Jesuites, Seminarie Priests,
trafficking Papists, and wthers, his Heines’ declairit traytours,
rebellious and unnaturall subjects, treasonable practisers against
the estate of the trew Religione, his Majestie’s persone and Crowne,
and libertie of this our native countrey: And to that effect We,
and every ane of us, sall putt our selves in armes, ryse, concurr
and passe fordward with his Majestie, his Livetennands, or wthers
having his Majestie’s power and commissione, at all tymes, as we
shall be requyrit be proclamations, missive letters, or wther wayes,
and shall never shrink nor absent ourselves for any particular cause
or quarrell amongst our selues: We shall not ryde, assist, schaw
favour, giue counsell, nor take part with the saids Earles, Jesuites,
or wthers forsaids, nor yet with the persones denuncit or to be
denuncit to the horne, or declairit fugitives fra his Majestie’s
lawes, for the treasonable fyre-raising and burning of the place of
Dianybrissle, and murder of umqll James Earle of Morray, neither
receipt, supply, nor entertaine them, nor yet furnische them meatt,
drink, house, nor harberie, nor wtherwayes have intelligence with
them, privatly nor publickly, be letters, missives, nor no wther
manner of way; the skaith and harme of wthers we shall not conceall,
but disclose and impede the samen to our utter powers. The quarrell
or persute of us or any of us we shall esteeme, likeas presently we
doe esteem, equall to us all, and, be ourselves, our haill forces,
likeas his Majestie, with his Heines’ force and authoritie, hes
promittit, and promitts, to concurr and assist together, ilk ane
in the defence of wthers to our owther powers; and, in caice any
variance shall happen to fall out amongst any of us, for qwhatsumevir
cause, We shall submitt, Likeas presently we submitt us, to the
judgement and delyverance of any two or three of the principalls of
us, subscryvers of this present bond, and fullfill whatsumevir shall
be declareit be them, but reclamatione or contradictione. Attour,
his Majestie, be qwhais directione and command, with advyce of his
Counsell, there is certaine Barrones and wthers gentlemen direct
to remaine in the South pairts of this realme, hes promittit, and
be thir presents promitts, in the word of a prince, that the samen
Barrones shall not be licentiat to returne hame againe to the saids
north parts, nather shall any favour or pardon be granted to the
saids Earles, Jesuites, or wthers abovementionat, nor no order taine
now, dispensit with, without the speciall knowledge and advyce
of the Livetennent and Commissioner for the tyme, and sax of the
principall Barrones, at leist, inhabitants of the saids north parts,
subscryvers of this present band; and this to do, We, the saids
Noblemen, Barrones, and wthers forsaid, hes sworne and swears, be the
great God our Creatour, Jesus Christ His Sonne our Redeemer, the Holy
Ghost our Sanctifier, witnesses of the verity here agriet upon, and
revenger of the brake thereof; and further obleisses us thereto under
the paine of perjurie, infamie, and tinsell of credite perpetuallie,
honour and estimatione in tyme comeing, besydes the ordinary paines
of the lawes to be execute upon us, in signe and memorie of our
unnaturall desertione from God and his Majestie. In witness qwharof,
we have subscryvit thir presents with our hands, as follows, likeas
his Majestie, in token of his allowance and approbatione of the
premises, hes subscryvit the samen act att Aberdeene the {blank
space} day of Marche 1592. _Sic subscribitur_, James Rex, Lennox,
Athole, Marr, Marschell, James Lord Lyndsay, John Lord Inverness,
John Maister of Fforbes.
Att Halyrudehouse, the 5th of Januar 1592.
Fforsuameikle as albeit the dangerous effects of the coverit and
busie travells of Jesuites, Seminarie Priests, borne subjects of this
realme, and some uther strangers, thir late yeares hes beine oft
espyit and fierit, and for that cause be syndrie loveable laws, acts,
and proclamations, alswell their awne remayning as their receipt,
prohibit under diverse great paynes; yet their collourit simplicitie
hes so farr prevaillit as they have not only purchast unto themselves
favoure and credite to be kiepit, buirdit, and intertained in syndrie
pairtes of the realme, after many promises made that they should
have departit furthe of the same, butt also have taine occasione and
leisure to persuade syndrie of his Hienes subjects to apostatise from
that Religione qwhairin they were well instructed and groundit, and
hes confirmit uthers in their errors, and at last seducit them to
cast off that dew obedience whilk they awe to his Majestie, and entir
in a treasonable conspiracie for inbringing of strangers-Spanʒairds
within this realme, the nixt spring or sooner, to the overthrowing
of his Hienes and all professing the trew Religione with him, and
to the ruine and conqueste of this antient kingdome and libertie
qwhilke this natione hes injoyit so many ages, that it may be subject
heirafter to the slaverie and tyrannie of that proud natione, whilk
hes made such unlawfull and cruell conqueste in diverse pairtes of
the world, alsweill upone the Christianes as Infidells, wherever the
aide of Spaine hes beene socht--regarding in the end no better their
inbringers nor them against qwhom they were inbrought, being ance
victors and commanders--as easily may be proven be speciall examples,
qwhilk the malicious and unnaturall subjects of this land wald repute
but as generall and improbable discourses, published in hatred of
that natione to whome they have alreadie sold themselves slaves, and
are their friends and factors in this land as they speake and wryte,
were not it hath pleasit the good pleasure of Almightie God to make
the proofe heirof certaine and without all doubt, be erecting of the
simple truth of the intention and finall cause of all the crafty
practises of their pernicious and trafficking Papists, Jesuites, and
Seminarie Priests againes God, trew Religione, his Majestie, and
libertie of this countrie: namelie, Mr James Gordowne, father-brother
to the Earle of Huntlie, Mr Robert Abercrombie, father-brother to
the Laird of Murthlie, quhais letters, directiones, advyces, yea
and the messengers carriers of their credite and certaine uthers
chiefe instruments and furtherers of their trade, God hes casten in
his Heines hands, qwhen the schip appoyntit for their transporting
was in full readiness to make saill: Qwhereby his Majestie is now
not only sufficiently foirwarnit of the imminent danger to the trew
Religione, his awne estate and persone, his realme and faithfull
subjects, but resolvit be God’s help, be quhais Providence he hes
been wonderfully delyverit frome so many former perrills, to try the
circumstance of this so highe a conspiracie and detestable treasone,
to withstand it, to punische the same and all guiltie thereof, in
example to the posteritie; and that nane of his subjects heretofore
abused and deceived be the craftie illusions of thir pernitious and
busie warkmen shall remaine any langer doubtfull of the truth of
his Majestie’s minde and intentione,--Ordaynes letters to be direct
to officers of armes, Shreffs in that part, to make publicatione of
the premises be open proclamation at the mercatt cross of the hied
burghs of this realme and wthers places needfull, for warning of
them of their awne danger, giff they shall suffer themselves to be
any langer led in error be such deceivable spirits, to the perrill
of their saules, bodies, lands, and goods, and therefore to abstaine
from further hearkening to their treasonable persuasions, and from
all intertaining, receipt, supply, or intercommoning, or having
intelligence with them, directly or indirectly, under qwhatsomevir
pretext, or cullour, under the payne of treasone; commanding also
all and sundrie his hynes’ faithfull and obedient subjects that
loves and feares God, wald the standing and welfare of his Majestie
their Sovereigne Lord and King, professing with him the trew and
Christian religione, and desyres that their awne wyffes, bairnes,
and posteritie sould now and hereafter injoy the commodities of this
their native countrie, unconqueist and made slaves in sawles and
bodies to merciless strangers,--that they implore the protection
and mercy of Almighty God for their defence and safeguard, and put
themselves in armes by all good meanes they can--remaining in full
readiness to persew or defend as they shall be advertised be his
Majestie or otherwayes finds the occasion urgent; in the meantyme
diligently espying and getting intelligence of the treasonable
courses and proceedings of the saids Jesuites, Seminarie Priests,
their favourers, intertayners, and receipters, and make advertisement
to his Majestie or any of his councill, and thereof, with all speed
and celeritie, as they will answer to God and his Majestie thereupon.
_Sic subscribitur._
JA. REX.
The Generall Assembly of the Kirk giues commissione to their
brethren, Mrs Patrick Galloway, his Hienes’ minister, Peter
Blackburne, and Patrick Simpsone, to give informatione to his
Majestie of the evident danger imminent to the Kirk of God, within
this realme, according to the instruction giuen unto them, and there
withall to present to his Majestie, the humble Articles and Petitions
of the Assemblie proponit for removeing of the saids dangers, and to
insist with all humilitie and dew reverence for his Majestie’s good
answer thereto, to the glory of God, and the comfort of his Kirk,
and to report with all good diligence, his Majestie’s answer to the
Assembly before they dissolve.
The Dangers qwhilks through the impunitie of the excommunicat
Papists, traffiquers with the Spainʒards and wthers enemies of
the Religione and Estate are imminent to the trew Religione
professit within this countrie, his Majestie’s person, crown,
and libertie of this our native countrey.
The samyn dangers, whilk of before by the craftie and pernicious
practices of the Jesuites, and malicious, unnaturall, and treasonable
conspiracies of the Earles of Huntlie, Erroll, and Angus, with their
complices, threatins the subversione of the trew religione and the
professors thereof, his Majestie’s crowne and persone, and of this
their native countrie to the cruell and merciless Spainʒard, and were
at that tyme discovered and apprehended be his Majestie and Estates,
and haill bodie of this realme, so evidentlie that nane can pretend
ignorance--at this tyme are imminent, more urgent and maire to be
feared nor qwhen the danger seemed to be greatest, as may appear by
these reasons following:--
_First_, It is certaine that the Spainʒard qwho, with so great
preparationes in the lxxx. and aught year interprized the conquess
of this isle, remaines as yet firme of that intentione, and waits
only on ane meit occasione to accomplische that his purpose, as
it appeares clearly by his continowing in this intertainment of
intelligence, and trafficting with the forsaids excommunicats, ever
since the dissipation of his navie.
_Secundo_, The manifest rebellions of the forsaids excommunicats
and defections from his Majestie’s obedience, after so evident
appearances of their wrack for their manifest treasonable attempts at
the Bridge of Die, at Falkland, &c. and the proofe of his Majestie’s
obedience and favour toward them in pardoning their forsaids
treasones, declares that their malicious and restless ingynes in the
prosecuting of their unnaturall conspiracies against the religion
and countrie, cannot leave off nor cease so long as they are not
punischit, nor restrainit by justice and execution of justice.
_Thirdlie_, Qwhereas the Kirk, on all occasions, hes insistit to
declair to his Majestie, Counsell and Estates, the dangers evident
for the tyme, and to craue convenient remedies thereunto, yet in
effect nothing hes been obteinit, notwithstanding whatsumever
promises, acts, proclamations, reads, &c. Qwhairthrow they have bein
alwayes put in great securitie, and taks libertie and boldness of
farther practises and attempts.
_Fourthlie_, Notwithstanding it was expressly provydit be act of
Counsell, that nane should presume to traffique nor speak in favours
of the saids excommunicats, under the payne of tynsell of their
offices; yet now they are advancit in greater credite of his Majestie
that are knowne to have been their chiefest favourers, and they ceise
not as yet, contrare to their promises, to procure them all favour,
sicht and immunitie, as it appeares in the effect, qwhatsoever they
pretend.
_Fifthlie_, The erection of the idolatrie of the Masse in diverse
quarters of the land, as, namely, in Mr Walter Lyndsay’s house of
Balgay, in Angus--in the young Laird of Bonnytonne’s house Barnes--in
the Earle of Angus’ houses of Bothwell and Clidesdaill, and in the
places of his residence in Douglasdaill--in the Earle of Huntlie’s
house of Strabogy and Auld Aberdeene--in the Earle of Arroll’s houses
of Logyamont and Slaines,--proves clearly that either they finde
themselves sufficiently assurit of such favour and assistance within
the countrey, as may plainly mentaine their cause be force, or else
that they are persuaded of the aide of strangers, to be in such
readiness as in dew time may serve for their reliefe, before that his
Majestie and professors of religion performe any thing in effect in
the contrair, or wtherwayes they durst never so openly disclose their
idolatrie.
_Sixthlie_, The refuseing the act of abolitione offerit to them
be his Majestie, to the great griefe of his subjects, proveth
sufficiently the samen; for it is very probable and manifest that
they wald never have refused so great ane benefite, except they had
thought themselves fullie assured of ane better, either be favour of
Court and assistance within the countrey, or be concurrance had of
strangers without.
_Seventhlie_, Their refuseall to entir in ward, notwithstanding of
his Majestie’s indignatione, and all that might follow therupon,
proves the same.
_Auchtlie_, The late arrival of this bark at Montross, evidently
shawis that their dangerous practises are presently at the poynt of
executione against the religion and the countrie, and must hastily
bring forth some great inconvenient, except they be preventit and
resisted be ane present remedie.
_Ninthlie_, The open conventions of the foirenamit excommunicat
Earles halden at Brechine and uthers places, since the arryvall of
the said bark, declares that they esteem their courses now to be
so substantiallie led, that they regard not qwhat may be done for
resisting of the same.
_Tenthlie_, The diligence of the saids excommunicats in prepareing
and putting of their haill forces in the north in armes and readiness
upon advertisement, schawes that they have some present enterpryze,
and attends only upon concurrance qwhilk appearandly they are very
meikle animat to look for since the arryvall of the said bark.
_Eleventhlie_, Qwhereas his Majestie and Estates, at the first
discovery of their conspiracies, apprehendit ane very great danger
to trew religione, the King’s Estate and Crowne and libertie of the
countrie; and notwithstanding that the samen cause of danger as yet
remaines haill unremovit, there is no apprehension of any danger,
nor any care to withstand it. It is evident that either there is ane
inclinatione and purpose to cover, extenuat and beir furth the evill
cause, qwherthrow they will not sie, or else the Lord in judgement
hes blinded and hardened the heartes of all Estates, to graape in the
mid-day that qwhilk they cannot sie, qwhilk is the greatest danger
of all, and ane most certaine argument of the wrath of God, and his
heavie judgement hingand over the land, and so meikle the maire to be
fearit because there is no cause of fear to be apprehendit.
Remedies for the samine.
For remedie of the forsaids dangers, the Assembly ordaynes the
Commissioners to deall earnestlie with his Majesty, that he may
apprehend the perrill, and be movit with ane bent affectione, to
proceed against the foirenamit excommunicat Papists, Traitors, as
follows:--
1. That the saids excommunicats be forfaultit without favour; and,
to that effect, that the Parliament appoyntit to be the 27th of this
instant be halden precisely without any kind of delay--the Advocat
sufficientlie instructit in every poynt, that the summonds may be
found relevant, and sufficient probatione provydit.
2. That nane suspect of Religione be chosen upon the Articles.
3. That they be persewit after the forfatrie be way of deid, with
all extreamitie, and their land and rents annexit to the Crowne,
to remaine with his Majestie and successors for ever, and no pairt
thereof disponit to any in favoures of the persones forfaultit.
4. That in the meantyme his Majestie his guard be imployit for
apprehending Mr Walter Lyndsay, the Abbot of New Abbay, Bonnytoune,
younger, Mr George Kerr, Mr Alexander Leslie, Thomas Tyrie, with all
uthers traffiquers with Jesuites and Seminarie Priests, not conteint
in the summonds of forfatrie.
5. That the rebells’ houses be taken, chargit and mannit, and their
livings intromittit with and uptaken to his Majestie’s use without
favour, and no pairt thereof disponit to their friends, or any uther
persone for their commoditie.
6. That all persones be inhibite, under the paine of treasone and
tynsell of their life, lands and goods, to receipt, supply, ryse and
concurre, or have intelligence with the forsaids excommunicats, under
qwhatsomever pretence of vassalls or defenders.
7. That the haill subjects be chargit to put themselves in armes be
all good meanes they can, remaining in full readiness to persew and
defend, as they shall be certified be his Majestie or uthers finding
the occasion urgent.
8. That the bark arryvit at Montrose be apprehended, and the persones
that were within her, together with such others as hes had a dealing
with them, according as they shall be given up in ticket, be callit
and diligently examinat for discoverie of the practises and purposes
qwhilk they have presently in hand.
9. Forsuameikle as the Lord Hoome hes contraveint sundrie poynts
qwherin he was oblisched to the Kirk of Edinburgh be his promise at
the receiving of his subscriptione, as, namely, in not satisfying the
Assembly of Fyfe, and not receaving ane minister in his house--in not
removeing furth of his company Captaine Androw Gray and Thomas Tyrie;
whereby, as also by his sclanderous lyfe sen his subscriptione, he
hes given just cause of suspition to the Kirk and all good men, that
in his heart he is not yet trewlie sanctified and convertit to the
trew Religione: Therefore, that his Majestie wald take earnest tryall
of the premisses, and thereof judge if there appear in him such ane
sinceritie of religion and lyfe as his Majestie may lippen to, and
the Kirk look for sure friendschip in such dangerous a tyme, in the
cause of religione; qwhilk not being found, that his Majestie wald
remove him from his company, and discharge him of all publick office
and commandment.
10. That the guard presently taken up be tryit, together with their
Captaines, in respect of many complaynts given against them to the
Assemblie.
Att Edr. the 10 of May 1594.
The Assembly gives commission to Mrs Patrick Galloway, Robert
Rollock, Patrick Simpsone, James Melvill, James Nicolsone, to propone
the dangers and remedies above written to his Majestie, to rehearse
his Majestie’s answers thereanent.--_Sic subscribitur_,
Mr ANDROW MELVILL, Moderator.
[The King’s Answers written on the margin of the Remedies.]
(1.) To proceed against the excommunicats.
(2.) There shall be nothing of the turn undone in my p^t, as I have
at length declared to the bearers.
(3.) Great reason, and farther as I have schawne the forsaids
bearers.
Great reason, the forfature being endit.
(4.) How willing I am to be imployit in apprehending any practising
Papists, I remit me to the bearers’ declaration.
(5.) Great reason how soon they are forfault, and I thank them for
their counsell.
(6.) Great reason--their forfatore alwayes proceeding.
(7.) To be ready at my charge is meit; but I understand not the
last clause of the urgent occasion.
(8.) I shall omitt no diligence in that qwhilk can be requyrit at
my hands, as I shall answer to God.
(9.) _Distingue tempora et concordabis scripturas._ The meaning of
this the bearers will expone to yow.
(10) The complaints belongs not to their office: alwayes I have
satisfied the bearers herein.--_Sic subscribitur_,
JA. REX.
Sessio 11. 13 May.
Anent the horrible superstitione used in Garioche and diverse parts
of the countrie, in not labouring ane parcell of ground dedicat to
the Devill, under the name of the Goodman’s Croft: The Kirk, for
remedy thereof, hes found meit that ane article be formit to the
Parliament, that ane act may proceed from the Estaites thairof,
ordayning all persones, possessors of the saids lands, to cause
labour the samen betwix and ane certaine day appoyntit theirto;
wtherwayes, in caice of disobedience, the saids lands to fall in
the King’s hands, to be disponit to such persones as pleases his
Majestie, who will labour the same.
Sessio 12. 14 May.
Anent the supplication of the minister and parochiners of
Bruntisland, desyrand the Assembly to allow the act of the Synodall
Assembly of Fyfe concerning their new kirk, in allowing thereof to
be the paroche kirk: The haill Kirk present being advysit with the
said ordinance, understanding that the new kirk buildit be them is
most commodious for the parochine, both in respect of the greatness
of the congregatione, and ewistness of the place, and alwayes mair
convenient nor the ald kirk, qwhilk is not able to receave the
congregatione, and is farther distant from them: Therefore allows
and approves the judgment of the provinciall Assemblie of Fyfe, and
ordaynes the said new kirk to be the paroch kirk thereof in tyme
coming.
Alexander Lord Hoome compearand in face of the Assemblie; and
inquyrit be the Moderator, if he confest in heart before the Lord,
and with his mouth, that he was justly casten out of the Kirk
be a sentence of excommunication pronuncit against him be the
Synodall Assemblie of Fyfe, and as he wald answer upon paine of his
salvation and damnatione, simply to speak the truth,--protestit and
acknowledged openly, that he was justly excommunicat, and confessit
his fault therein: And being inquyrit why he soucht to be relaxit
from the said sentence according to the direction of the presbytrie
of Edinburgh, excusit him be ignorance of that part of the act.
As also being accusit that he deteaned the stipends of sundrie of
the ministrie, speciallie of Chirnsyde--answerit, he was ready to
doe what he ought to doe of law. Being further demandit why he
hes not keepit conditions, specially sett doune in the act of the
presbytrie of Edinburgh--as, namely, touching ane minister in his
awne house--touching the removing of Thomas Tyrie out of his house:
yet, in that poynt, he is content to haue ane, as the Kirk shall
appoint him; and as to Thomas Tyrie, grants he was in his service sen
his subscryving, but understood not that he was obliged to remove
him qwhill the Kirk had proceeded to excommunicatione againes him,
qwhilk he believes they granted it: alwayes fra the said Thomas was
excommunicat, he removed him out of his companie; and as to John
Tyrie and Captaine Gray, they are not his servants. Being requyrit if
there was any persone callit Cowie, with whom he spacke schortlie,
or any sett on land with the bark that came last in? Denyes the
samen. And inquyrit if M‘Qwhirrie was in his house shortly? Grants
that, within these few dayes he was in his house, and came by his
witting, having neither letter nor commissione to him, and past away
within halfe an hour. And last of all, the said Lord confessit in
presence of God and his holy angells, whom he took witnesses, and
the Lord Jesus whom he tooke judge, when he shall come to judge the
quick and the dead, that he profest from his heart the trew religion
presently professt be this Kirk here present, whereof he hes already
subscrivit the articles before the presbytrie of Edinburgh, and with
his solemn oath confessit before them, and now confesses before the
Assemblie, to be the only trew and infallible religion qwhilk leads
to salvatione, qwherein he mynds to liue and die, and shall to the
uttermost defend againes all the enemies thereof; and denyes, as he
shall answer to the dreadfull God, the Romane Catholick religione,
all the Antichristian religion directlie opponit to the truth of God
and his trew service, qwhilk he testifies to the haill Assembly be
upholding of his hand, and with solemne witnessing of God, that he
hes no dispensation nor indulgence to subscryve or swear to the said
articles. For farther satisfaction of the brethren, the Kirk ordaynes
my Lord Provest of Edinburgh, Alexander Hoome, the Laird of Aytoune,
Mrs John Davidsone, David Black, David Lyndsay, to deale further with
my Lord afternoone, to try of his full resolution.
Sessio 13^a. 14 May.
Anent the offence conceavit be his Majestie againes a brother
callit John Ross: The Assemblie of the Kirk thought it expedient
that certaine of the Godlie, best learnit and discreetest of the
Assemblie, should be chosen out, before qwhom that matter sould be
first broken up and preceisly handlit, and thereafter brought in
publick before the haill number; and to that effect were chosen
Mrs Andrew Melvill, James Nicolsone, Robert Rollock, Robert Bruce,
John Davidsone, John Craige, David Lyndsay, Patrick Galloway, James
Melvill, Walter Balcanquall, Alexander Forbes, James Robertsone,
David Fargysone: Qwhilk number are ordaynit to conveine immediately
after their rysing in this house, and so many of the brethren of the
Synodall of Striveling as are present, warnit to be readie as they
shall be callit for.
Sessio 14^a. 15 of May.
The qwhilk day compeirit Alexander Lord Home in Assembly, and with
all humilitie cravit that he might be absoluit from the sentence of
excommunicatione led against him, protesting before God he wald in
tyme comeing giue proof of obedience and service to God, and maintain
the truth of his religione presently profest be the Kirk here present
to his lyfe’s end; and although he was sometyme in ane different
religione from them, now avowes, he being better instructed in the
heid qwherin he sometymes differed from them, the present Confession
of Fayth and religion professit presently be the Assembly; and if
he shall hereafter declyne therefrae, submitts him in that case to
the Assemblie of the Kirk, hopeing be God’s grace, never to make
defectione therefrae.
The Assemblie, in respect this matter hes been past be word, hes
thought meet that certaine conditions shall be sett downe in write,
to be subscrivit be his Lordship; thereafter his sute of absolutione
to be considerit.
Sessio 15^a. Eodem die.
The Assembly ordaynes ane fast to be keepit within the Presbytrie of
Edinburgh, and such other parts where the samen may be convenientlie
had, upon Sunday the 26 of this instant, immediatly preceeding the
Parliament, and his Majestie to be remembrit that an exhortatione
may be had according to the custome qwhilk was keepit of before, the
first day of the Parliament, and ane thanksgiving at the conclusion
thereof be ane of the ministrie; and alse that his Majestie be put in
minde of the said fast appoyntit the forsaid day, to the effect his
Majestie and his house may keep the samen.
In lyke manner it is ordaynit, that a generall fast be universally
observit throughout the haill realme, the two last Sondayes of Junii
nixt to come, with exhortationes and prayers to be keepit betwixt the
two Sondayes on the week dayes; the causes of the qwhilk fast shall
be intimat and presentit the morne in wryte be Mrs Patrick Galloway,
James Melvill, and James Nicolsone.
The samen day, the conditions underwritten being proponit to
Alexander Lord Hoome be the Generall Assembly, to testifie his
unfained repentance, after reading of the saids Articles severally:
First, he ratifiet and approvit the subscriptione the 22 of December
last, and that with ane solemne oath, holding up his hand, and agreit
to the same articles, and every ane of them, in token of acceptatione
thereof, protesting he does the same sincerely, subscrivit the
same with his hand, humbly requyring, in respect of his obedience
and repentance, that the Kirk wald relax him from the sentence of
excommunicatione pronuncit against him.
The Assemblie, in respect of his repentance schawne, his aith and
declaration giuen yesterday, and obedience in subscryving the saids
conditions, being satisfied therewith, and hopeing that he shall
fully keep promise in tyme coming, Ordaynes him to be absolvit from
the said excommunication, and the sentence of absolution to be
pronuncit be the Moderator the morne at meeting.
Follows the Conditions.
1. The Assembly craves that the said Alexander Lord Hoome ratifie and
approve the subscriptione and oath given be him to the Confession of
Fayth, at Edinburgh the 22d of December last, or subscryve and swear
againe _de novo_ in face of the haill Assemblie, as shall be thought
expedient.
2. That he remove and hald forth of his companie, all Papists and
traffiquers against the trew Religione, and qwhatsoever persones
shall be delaitit to his Lordship to be suspect and corrupt in
Religione; That he receave and intertaine in his house Mr Archibald
Oswall as his ordinarie pastor, and, failzieing of him, some uther
discreit and godly minister, be advyce of the Presbytrie of Dumbar,
and that he make his family subject to the word and discipline.
3. That he resort to the publick hearing of the word, in all places
where it shall happen him to repaire and haue his residence, and that
he communicat.
4. That he make his haill tennents and servants subject to the
discipline of the Kirk where they remaine.
5. That he repare all the ruinous kirks within the Priorie of
Coldinghame, and provyde sufficient livings for the pastors, plantit
and to be plantit thereat, according to the act of Parliament; and
sicklyke of all kirks within his bounds, so far as law and reasone
may bind thereto.
6. That he make thankfull payment to the ministers of Chirnside,
Swyntoune, and Stitchall, of their stipends, conforme to their
assignationes and decreets past thereupon, in caice he be oblished
therto be law.
7. That he concurre, be his counsell, credite, and assistance, for
maintenance of the trew Religione publickly professit and taught
within this realme, with the maintainers thereof, against all and
qwhatsomever wald come in the contrair, within the countrie or
without.
8. That he neither receipt, maintaine, assist, intercommon, or
have intelligence with the excommunicat Papists, Lords, Jesuites,
Seminarie Priests, or traffiqueing Papists, nor solicit for them, nor
shaw them favour, directly nor indirectly, in judgement or out of
judgement.
9. That he niether reasone nor suffer any reasonyng to be against the
trew Religione, or any poynt thereof, in places where he may stop the
samen.
10. That he imploy himself cairfullie to apprehend and present to
justice, Mr Alexander M‘Qwhirrie, and all and qwhatsumever Jesuites,
Seminarie Priests, and trafficking Papists, that shall resorte
within his bounds, and that he doe nothing qwhilk may be found
be the minister appoyntit for the tryall of his behaviour, to be
prejudiciall to the trew Religione presently professit be the Gerall
Assembly heir presently conveint; and in caice he shall be found
to contraveen any of the forsaids poynts, that, in that caice, he
consent to be summarily excommunicat upon the notorietie of the fact.
And in testimony of his acceptatione of the saids conditiones, that
he subscryve thir presents with his hand. _Sic subscribitur._
ALEXANDER LORD HOOME.
Forsuameikle as Alexander Lord Hoome, be his subscription, is
bound to observe and keep the conditiones proponit to him be the
Generall Assemblie, and acceptit be him, and in caice he be found to
contravein the samen, or any of them, in that caice to be summarly
excommunicat upon the notorietie of the fact: The Generall Assemblie
giues libertie to qwhatsumever Presbytrie that shall understand of
his contraventione of the saids conditions, to call him, and to
try him of the said contravention, and convict him thereof if he
be found guiltie, and the conviction to be direct and sent to the
Presbytrie of Edinburgh, to qwham the Kirk giues commission summarly
to pronounce the sentence of excommunication against him.
Sessio 16. May 16.
According to the ordinance of the Assembly, the actione of
absolutione of Alexander Lord Hoome being committit to Mr David
Lindsay, exhortation being first made, the said Lord was inquyrit if
he was sorie in his heart for the fault of offence he had committit,
and that he had incurrit the said sentence, and fand ane earnest
dolor in his heart for that he was separat from the Kirk here
present so long, thristing maist earnestlie to be joynit thereto as
ane member of Christ’s bodie, and promising, as he shall answer to
God, in tyme cuming to continow ane constant professor in the trouth
of his religione, presentlie allowit be the Kirk of Scotland here
conveint, to his lyve’s end, and to schaw the fruits of ane trew
Christiane in his lyfe--removeing all sclanderous persones furth
of his companie? Qwho answerit, in God’s presence it was his trew
meaning, and intendit to schaw the same in evident effects in tyme
cuming: Qwherefore, thanks being given to God, and prayer made, he
was solemnly absolvit from the said sentence be the said Mr David,
and receavit be him in name of the said breither, and imbraced as ane
member reconciled to the Kirk.
Sessio 17. May 17.
Forsuameikle as Mr Andrew Hunter, minister, hes desertit his flock,
and is fugitiue from the lawes, being bruitit and suspectit to
haue joynit himself with the King’s rebells: The Assemblie present
deposes him from the functione of the ministrie, ay and whill he haue
satisfyit for his offence, his Majestie and the Kirk.
Anent the King’s Majestie’s Articles: In respect the first article
twitches the tyme and place of their next Assemblie, the haill
Assemblie, with advyce of his Heines’ Commissioners, hes appoyntit
their next Generall Assemblie to be at Montrose, the last Tuesday of
June come ane year, provyding alwayes, in caice it be found expedient
_pro re nata_ be the Presbytrie of Edinburgh to be sooner, upon their
advertisement, the samen to be preveinit.
And as concernyng his Majestie’s first Article, answer is given that
the tyme and place is appoyntit in presence of his Commissioners,
according to the act of Parliament.
As to the second, the act made at Dundie, _de novo_ is ratified.
The answer concernyng John Rosse particular is continowed qwhill
afternoone.
Concernyng Mr Andrew Hunter, the Kirk hes deposit him.
The fyft and saxt Articles agried unto.
Ordaynes every particular pastor, at his awne kirk, to intimat the
sentence of absolutione pronuncit in favours of my Lord Hoome, from
the proces of excommunicatione led against him.
Sessio 18^a. Eodem die.
Anent the matter of offence conceavit be his Majestie against John
Rosse, minister, be occasione of ane sermone made be him in presence
of the Provinciall Assembly of Perth: The said matter being first
ordaynit to be weyit and treatit in private conferrence, and ane
certain number of the grave, learnit, and godlie breither being
appoyntit therto, and to give their judgment to the whole Assembly,
the said breither reportit their advyce and proceedings in wryte, as
follows:
First, They have found that the people departed not out of the Kirk
before the end of the doctrine, as it hes been reportit to his
Majestie, qwherthrow he might have uttered any kynd of offence,
and that the said Assemblie had pronuncit no damnator sentence
against him, but that they only admonisched upon such causes and
considerations as after follows:
1. That he delyverit that doctrine at that tyme when his Majestie’s
rebells and enemies were assembled on the fields, qwhairthrough
it might appeare to the people that the Kirk allowit Bothwell’s
treasonable attempts, and that the Assembly of purpose had placed him
in that rowme to alienat the hearts of his people from his Majestie’s
obedience.
2. In respect of certaine speeches delyverit be him without any
sufficient warrand, so far as they could see and understand, and
namely that sentence pronuncit against the House of Guise _de futuro_.
3. In respect of the hard delyverie of speeches spoken of his
Majestie, and qwhilk might have been thought to have cravit greater
years and farther experience; ffarther, the haill breither, bayth of
the Conferrence and of the Provinciall of Perth, all in ane voyce
acknawledges that there is just cause of ane sharper rebuke and
threatning of heavier judgments furth of the grunds of that text,
then hes been or might be utterit be him; and whatsoever he utterit,
as he deponit before God and upon his conscience, he utterit of
love, seeking alwayes his Majestie’s standing, on na preoccupied
minde, prejudgit opinione, or troublit affection, but of ane saul,
thristing and seeking alwayes his Majestie’s honour and weill in God;
and therefore approves his haill doctrine in that poynt, as it hes
beine read and declarit be himself, in such heids as semit to be most
offensive; and as concernyng the admonitione of the provinciall of
Perth, and the causes moving them thereunto, the brethren reverences
and allowis the judgement in all things, upon consideration as is
before exprest; only anent the sentence touching the House of
Gwise _de futuro_, because the haill brethren heard it not, and he
himself professes he remembers not he spake swa, naither had he such
meining at any tyme, and confest his fault if such ane word hes
fallen out--the Brethren thinks with himself in that poynt that if
he hes spoken, so he hes faillit, having no just warrand: and being
mynded to satisfie his Majestie allwayes so far as possible may be
done with ane good conscience, after earnest incalling of the name
of God for assistance of his Holy Spirit and long advysement, hes
found it good that the admonition of the provinciall of Perth, as
said is, be reverencit of the said haill Generall Assemblie, and
that the Assemblie at this tyme giue farther to the said John Ross,
ane grave and earnest admonitione to speak at all tymes reverently
and with such wisdome of his Majestie, as he alwayes may have so
clear ane warrant of his speeches as may fully satisfy his own
conscience before God, and have the approbatione and allowance of
all his godly brethren; and that this admonitione be extendit to all
uthers young men of the ministrie and to the haill Assemblie. Qwhilk
judgement of the said brethren being weell considerit be the haill
Assemblie, after good deliberatione, votit to the approbatione of
their said judgement, and allowit be the samen in all poynts. And
thereafter the said John Rose being callit in, he, in presence of
the haill Assemblie, protestit before God and in his conscience,
that qwhatsoever he utterit in the doctrine delyverit be him, he
utterit the same for love to his Majestie’s weill and standing, of
no preoccupied minde, prejudgit opinione, or troublit affectione,
but of ane saul seikand his Majestie’s honour and weill in the land,
havand neither eye nor respect to his Majestie’s traitors being then
in armes upon the fields; yet granting some words hardly delyverit
(though trewly): and as concernyng the words spoken of the House
of Gwise _de futuro_, as is alleadgit, before the Lord, remembers
not he spake such words, neither had intention nor meaning to speak
the samen, and if he spake the samen, it was ane fault of _elapsus
linguæ_.
The Moderator, at command of the said Assemblie, in the name and
fear of God, admonished the said brother, and all uther young men of
the ministrie and haill Assemblie, in all tyme comeing, to speak so
reverently and discreetly of his Majestie in all tyme comming, that
they may have so clear warrand of their speeches as may fully satisfy
their own conscience before God, and have approbatione and allowance
of all the godly, and his Majestie have no just cause of complaynt
and mislyking in tyme coming: Qwhilk admonition the said John with
all humilitie reverenced.
INSTRUCTIONES to Sir Robert Melvill of Murdocairnie,
and Alexander Hoome of Northberwick, Commissioners for his
Majestie at the Generall Assembly, of Articles proponit in his
Majestie’s name to the said Assemblie at Edinburgh.
1. _First_--To protest that his Majestie’s royall priviledge newlie
sett forth by act of Parliament, be not prejudgit in the conveining
of the nixt Generall Assemblie; and to that effect that before
their dissolving at this tyme, they direct some of their number to
his Majestie to be resolvit be him upon the tyme and place of the
nixt meeting of the Generall Assemblie, according to his Majestie’s
propositione, and their promise in the last Generall Assemblie,
halden at Dundie.
2. That they will ratifie and approue be act of this present
Assembly, their promise made to his Majestie, in their forsaid
last Assemblie, that in any thing that any of the ministrie had to
craue or complain to his Majestie, they should do it be particular
conferrence with himself, and not utter publickly in pulpit any
unreverent speeches against his Majestie’s persone, counsell, or
estate, under the paine of deprivatione; and that for this cause
they will presently try and censure one of their number, qwho hes
contravenit the said act, and in speciall, that they will examine
so many of their number as was not present at the last Synodall
Assemblie, halden at Perth, and charge them upon their great oathes
and consciences, first, to declare what treasonable and irreverent
speeches of his Majestie they heard John Ross utter publickly,
from the pulpit, in all their evidences, and next, whether they
censurit him for the same thereafter or not, and to desyre them in
his Majestie’s name that, according to the Synodall censuring of
him, they wald judge him as he demerits on the ane part, and his
Majestie’s modest behaviour ever since the beginning of that turne,
hes deservit.
3. They will excommunicat Mr Andrew Hunter, for bringing in ane
scandall upon their professione, as the first open traytor of their
function againes ane Christian King of their religion and their
naturall sovraigne.
4. That be act of their Assemblie, they will ordayne every particular
minister within their charge, to disswade alsweill be publick as
private exhortation, their flock committit to their cure, from
concurring with the treasonable attempts of Bothwell or any wther
traytors that raises or shall raise themselves up against the lawfull
authoritie placit be God in his Majestie’s persone and speciallie
that they shall narrowlie take heed and not suffer any of their
flock to be seducit under colour of religione, or whatsumever false
pretext, to receave wages and become souldiers, for service of any
persones, except they sie his Majestie’s commission, and warrand
thereto, and namely of Bothwell, who hes presently, in divers parts
of this realme, attemptit the same.
5. That in respect the Parliament is at hand, and the occasion will
suddenly serve for declareing of his Majestie’s godly and honest
intention in prosecuting of the Papists, excommunicat lords, both
be law and otherwayes; That, therefore, they will select ane or twa
commissioners of the discreetest and wysest of every principall
presbytrie, and give them commissione and warrand to attend upon his
Majestie, at this tyme, alsewell that his Majestie may have their
good advyce and assistance in his good turne, no less concernyng
the estate of religione then the estate of his Majestie’s crowne
and countrie; and lykewayes that his Majestie may be their moyen,
direct and informe what he wald wische to be done be the rest of the
ministrie, as occasion shall from tyme to tyme be presentit. _Sic
subscribitur._
JAMES REX.
Humble ANSWERS of the Generall Assemblie of the Kirk
conveint att Edinburgh, the 27 of May 1594, to his Majestie’s
Articles, presentit be his Commissioners.
1. _First_, Anent the tyme and place of the Generall Assemblie, the
same is appoyntit be the advyce of his Hienes’ Commissioners present,
according to the act of Parliament.
2. The Act made be the Generall Assemblie at Dundie is _de novo_
ratified and approvin, and the particular of John Ross, resolvit, as
his Majestie shall be informit mair particularly be the Commissioners
of the Kirk to be direct to his Majestie.
3. Touching Mr Andrew Hunter, the Assemblie hes proceidit and given
ane sentence of depositione for his offence against him, qwhill he
satisfie his Majestie and the Kirk.
4. Every particular minister within his charge is straitlie commandit
to disswade the flocks, alswell be publick as private exhortationes,
frae concurring with treasonable attempts of Bothwell or any wther
traytour to his Majestie, that raises or shall raise themselves up
against his Majestie’s authoritie, and sicklyke to take heed and
suffer not their flocks, under colour of religion or qwhatsumever
false pretext, to receive wages of any persones without his
Majestie’s warrant, and namelie of the said Bothwell.
5. They haue appoynted ane reasonable number of brethren to awayt on
his Majestie for satisfying the last article.
With thanksgiving to God for his mercies, the Assemblie dissolved.
[FIFTY-NINTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, conveint at
Montrose the 24 of Junii 1595.
Sessio.
Exhortation was made be Mr Androw Melvill, Provest of the New College
of St Androis, and Moderator of the last Assemblie. Mrs Robert Pont,
Peter Blackburne, and James Nicolsone, were on the leets, and the
said Mr James, be pluralitie of votes, was chosen Moderator, _hac
vice_.
Sessio 2^a, Junii 24.
Anent the questione movit into the Assembly, if it be proper to them
to declare be the word of God, what marriages are lawfull, and what
unlawfull, so far as concerns the spirituall part thereof? It was
answerit affirmative, that it was proper.
Sessio 3^a. Junii 25.
Ordaynes the presbytries in all pairts of the country to proceed
against the Papists within their bounds, with the sentence of
excommunicatione; and because of the weakness of the Presbytrie of
Inverness, ordaynes them to proceed therin with the advyce of Mrs
George Monro, John Monro, John M‘Kenzie, and Andrew Crombie.
Forsuameikle as diverse Papists and suspect of Papistrie, after their
subscriptione and oathes, pretending deadly feads, abstayning from
the table of the Lord, whereby they utter themselves in effect and
in heart to continow Papists; Therefore the Assemblie ordaynes the
Presbytries where such persones are, to proceid against them with the
sentence of excommunicatione so long as they refuse to communicat, in
the samen manner as if they had not subscryved and given oath.
Forsuameikle as diverse persones being cut off from the societie of
the Kirk be sentence of excommunicatione pronuncit against them,
notthelesse they are receavit and intertaynit as if they were true
members of Christ’s Kirk, to the great contempt of God, and evill
example of wthers: The Assemblie therefore ordaynes the presbytries
where such persones are, to proceed against them according to the
Acts of the Kirk, under the paine of publick rebuke in face of the
haill Assemblie of the brethren of the presbytrie, if fault be found
in them, and making of humble confession upon their knees of their
offence, in caise the same be found in them as said is, and under
the paine of depositione of the minister in whais default the said
ordinance of the Kirk is not execute, and that the same penalty and
executione be usit and strick upon them, that hes intercommuning,
intelligence, or familiaritie with the saids excommunicats, qwhilk is
usit against the resetters forsaids, under the same paine.
Sessio 4^a. Eodem die.
Forsuameikle as there is diverse persones professing with us the
veritie of the Gospell, qwhilkis nevertheless the space of diverse
years, under pretence of deadlie feads, hes withdrawen and daily
withdrawes them from participatione of the holy table, declareing
thereby how little they esteem that great benefite, and in effect,
as it were, cutting off themselves from communion of the faithfull;
Heirfore ordinance is given to all Presbytries within their bounds,
to charge all persones abstayning from the communion be reason of
deadlie feads, notwithstanding thereof, as it becomes Christians to
do, to participat the said holy table; and in caise they be obstinate
and refuse, to proceed with the censures of the Kirk against them;
it being alwayes considerit be the Presbytrie, that if there be any
infirmitie or hinderance of conscience that refuses, in that caise
the said Presbytrie shall travell with the saids persones to bring
them to their deutie and participatione of the said table, granting
with good advyce and discretione some reasonable tyme as to resolve
themselves, within the qwhilk if they giue not obedience, and refuses
to participat as said is, that the said Presbytrie proceed against
them with the sentence of excommunicatione.
Sessio 5^a. Junii 26.
The King’s Majestie’s Commissioners desyrit of the Assemblie, that
he might have ane choise of such twa of the Ministrie his Majestie
nominat, in place of Mrs John Craig and John Duncansone. The
Assemblie hes found meet and votit that a certaine number of the most
grave, learnit, and best disposed brethren of the haill ministrie
be chosen and nominat be them, out of the qwhilk it may please his
Majestie to nominat twa unto that effect.
Commissioners to be appoyntit before the end of this Assemblie to
advyse his Majestie of the choyse to be made of them qwhais names
shall be sett down before the Assemblie dissolve, craving his Heines’
Commissioners to make his Majestie foreseen, that they may knaw on
whom his eyes are sett, and be resolvit before their loosing.
Anent the planting of kirks: Because ane speciall impediment hes been
thereof, the dilapidatione of the benefices possessit be the brethren
of the ministrie qwha hes sett their benefices with diminutione
of the rentalls, or be conversione of the victuall in silver, not
regarding the acts and ordinances of the Assemblie: Heirfore for
remeid, the Generall Assemblie hes given power and commission to the
breither underwritten within the bounds particularly under devysit,
to call before them such persones within the ministrie, that sen the
act of the Assemblie, made in the year of God 1578, hes sett their
benefices with diminutione of the rentall thereof, or conversione
of the victuall in silver, and to proceed against them with the
sentence of depositione, qwhilk sall stand in force agane qwhill they
restore their benefice to the awne integritie, qwherein the samen
was at their entrie thereto; that is to say--To Mrs Andrew Melvill,
James Melvill, Robert Wilkie, Thomas Buchanan, Androw Moncreiff--to
call them the saids persones within the bounds following, viz. From
Spey to Tay and all Lowthiane, Merss and Teviotdale, to compear
before them in St Androis. Nixt Mrs David Lyndsay, Robert Bruce,
David Fargusone, Robert Pont, James Balfoure, or any three of them,
to sitt in Edinburgh, and call the saids dilapidators before them,
within the bounds of the haill north to Spey and Fyfe, as also
beneficed persones that hes made dilapidatione within the Diocie
of Rosse. 3. Mrs Patrick Simpsone, Androw Young, Harie Livingstone,
James Pont, John Davidsone, to sitt in Strivilling, and call before
them the saids brethren that hes dilapidat their benefices within
the bounds of Strivilling shyre, Stratherne, Clidsdale, Dumbartane,
Ranfrew, Lennox, Kyle, Carrick, Cunninghame, Galloway, Nithsdale:
and for the better execution to be had of this commission, ordaynes
every Presbytrie within the bounds forsaids, to send to the judges
every ane of them within their awn bounds, particular informatione
and answer to the heads qwhilk shall be pennit be their brother, Mr
Robert Pont, betwixt and the 15th of August next; and to the effect
that the Presbytries be not ignorant heirof, the Assemblie presently
hes nominat the brethren after specifiet to giue warning to the
Presbytries within the bounds respective following, according to
the divisione after specifiet: That is to say, Mrs Andrew Crombie
for Ross; Andrew Lawsone and Archbald Dowglas for Morray; Peter
Blackburn, Duncan Davidsone, and James Reid, for Aberdeene; Andrew
Milne, Alexander Forbes, for Mairnes; John Durie, James Melvill, for
Angus; Alexander Lyndsay and William Glass for Stratherne; James
Melvill, David Fargysone, for Fyffe; Walter Hay, Andrew Blackhall,
for Lothian; James Deis for Merss and Teviotdale; ffor Tweddall,
Andrew Blackhall and Walter Hay; ffor Strivilling, Adam Balantyne;
ffor Clydsdale, Ranfrew, Lennox, and Dumbartone, Walter Stewart and
Gavine Hamiltone; ffor Nythsdale, James Brysone, Hew Fullertoune:
ffor Galloway, James Aikman; ffor Kyle, Carrick, and Cunninghame,
David Barclay: Qwhilks informationes being receavit be the saids
judges, Ordaynes them, with all diligence, to proceed against
the saids persones. And, for the faithfull execution of the said
Commission, the saids judges was sworne, except Mrs Thomas Buchanan,
Robert Bruce, Patrick Simpsone, Harie Livingstone, and James Pont,
who were not present.
Forsuameikle as a great occasion of the non planting of the Kirk
stands in laick of provisione of the ministrie, and that their
stipends from year to year, being changeable, they are drawn
from their Kirks, to the neglecting of their flocks, and to the
dischargeing of their callings: With common advyce it is heirfore
concludit and resolvit, that ane constant platt shall be set downe be
the brethren following, appoyntit out of euery province, Qwha sall
sit and conveine the first day of September next, within Edinburgh;
and, before their conventione and sitting, every Presbytrie sall,
betwixt and the 15th of August nixt to come, delyver to the saids
brethren appoyntit of their provinces, ane resolute informatione,
written in forme of a booke _in mundo_, of the estate of their
kirks, in the heads following; viz. of the names of the benefices
within their bounds, qwhether the samen be seuerall benefices, or
annexit--who is patrone thereof--who is possessor--be what right
the samen is brookit--the ald rent--the present rent, and the just
availl thereof, and what kirks may be unite or divided; qwhilks
informationes being receavit and collectit, together with the
saids Commissioners conveening as said is, shall appoynt every
Presbytrie severall dayes, to direct a speciall brother, public
instructed, to be with them, with constant platts of the kirks within
their Presbytries; and the said brethren, swa, directly with the
Commissioners forsaids, to conclude and put in forme ane constant
platt of their Presbytrie, and so forth to proceed, qwhill the warke
be whollie made up and compleit: and after compleiting thereof,
the saids Commissioners shall make warning to euery Presbytrie to
direct a brother from them to consider the whole wark; and the
samen being allowed be the said Commissioners and brethren from
euery Presbytry, qwhilks are considerit to be fifty in number, the
ratification thereof to be sought of his Majestie and Counsell:
Of the qwhilks Commissioners, chosen out be this Assemblie from
the provinces, the names follows, viz. Frome Zetland, Orknay, and
Kaithness, and Sutherland, Mr Robert Pont: ffor Ross, Mr Andrew
Crombie: ffor Morrey, Mr Alexander Dowglass: ffor Aberdien, Mr David
Cunnynghame, Mr Peter Blackburne: ffor Mearnes and Angus, Mrs James
Nicolsone, Andrew Milne: ffor Stratherne, Dumblane, Dunkeld, and
Strivilingshyre, Mrs Patrick Galloway, Alexander Lyndsay: ffor Fyffe,
Mr Thomas Buchanan: ffor Lawthiane and Tweddall, Mr David Lyndsay:
ffor the Merse, John Clappertoune: ffor Teviotdale, Mr John Knox:
ffor Clidsdale, Ranfrew, Lennox, and Dumbartone, Mr Gavin Hamiltone,
Mr James Howisson: ffor Nithsdaile, Mr James Brysone, and, in caise
of his sickness, Mr Hew Fullartoune: ffor Galloway, Mr John Aikman:
ffor Kyle, Carrick, and Cunninghame, John M‘Quherne: Qwhilks breither
and Commissioners, in number auchtein, shall also have power to
make ane platt for ane interim, qwhilk being concludit be the saids
Commissioners, and a brother direct from every Presbitrie, qwhilk
will make fiftie mair, no reclamation shall be therefrae, but shall
be concludit concerning the constant platt or interim, shall stand
in force and full effect, as if the samen had been concludit be the
Generall Assemblie, without any reclamation therefrae, as said is;
and because the wark will requyre wayting on, and the saids auchteene
Commissioners will be put to the charges and expenses, It is ordayned
that their expenses shall be borne be their provinces: And for the
faithfull executione they are all sworne, except Mrs Alexander
Dowglass, John Knox, Patrick Galloway, John Clappertoun, and John
Howison, who are not present.
Sessio 8. July 2.
Compeirit Sir James Chisholme, in presence of the haill brethren, and
confessit with humilitie his offences, namelie his apostasie from the
religion, qwhairof he craved God’s mercie; and farther, he declared
that he professes with us the haill trew religione, renuncing the
antichrist and all his errors, craving from his heart to be receavit
in the bosome of the Kirk; with the qwhilk the breither being movit,
concludit he should be relaxit be the Generall Assemblie at their
first meeting the morne, from the sentence of excommunicatione led
against him, and thereafter the forme of his satisfactione to be sett
downe and appoyntit be the advyce of the Assemblie.
The heads of Inquisitione to be made in every Presbytrie anent
Dilapidatione.
Imprimis, To take from every beneficit minister the present rentall
of his benefice, and what yearlie dewtie, be his awne confession, he
gives presently of the samen. 2. If he hes sett tacks thereof, and
to wham, privatly or publickly, and, if need beis, to take his oath
thereupon. 3. To inquyre qwhat was the estate of his benefice when
he enterit at it, and qwhether he was hurt be his predecessor. 4.
To take diligent inquisitione not only be report, not only of the
beneficit persone himselfe, but be uthers that knawes the just nator
thereof, qwhat the benefice was worth or payit of old in the best
estate. 5. Qwhat the samen wold exceid to in yearlie rent or teinds,
or utherwayes, if it were free of tacks, and in ane minister’s
awne hand; and, if neid beis, that the Presbytrie or Commissioners
take ane inqueist of men of best knawledge in the countrie about,
to declare the veritie herein, and send the samen to the judges
appoyntit in due tyme, with the haill circumstances before rehearsit.
His Heines’ Commissioners presentit Articles from his Majestie,
craveing the same to be read and answerit, as follows:--
His Majestie craves that there be ane Act made, Ordayning that
qwhosomever at any tyme shall practise any treasonable interpryse or
conspiracie against his Majestie’s persone or estate, being found
and declared culpable thereof be law, sall lykewayes incurr the
sentence of excommunication therefore, that thereby ane inseparable
union may be betwixt the two swords. 2. That ane order be taken
concernyng excommunication in three poynts, especiallie, 1. That it
be not at the appetite of twa or three particulars, and that if it
be not proceedit in qwhill first ane convenient number of the Kirk
be conveint. 2. That it be not for civil causes or small crymes, and
specially any ministers particular, leist that it be thocht that they
imitate the Papists cursing, and so incurre the lyke contempt. 3.
That the form of summar excommunicatione, without any citatione, be
allutterly abolisched. _Item_, In respect Mr John Craige is awayting
what hour it shall please God to call him, and is unable altogether
to serve any longer, and his Majestie’s mynde is to place John
Duncansone with the Prince, and so hes no minister but Mr Patrick
Galloway, therefore his Heines desyres ane ordinance to be made,
granting him any two ministers he shall choose.
Humble Answers of the Generall Assemblie to the forsaid Articles.
First, Where an ordinance is cravit to be made against Papistes of
any treasonable interprysers or conspiracie against his Heines’
persone or estate, being found or declareit culpable thereof
be the law, that they therefore shall incurr the sentence of
excommunicatione, The Generall Assemblie agrie thereto--_ligitime
cognitione ecclesiastica pre-eunde_. As to the order cravit to
be taine concerning excommunicatione, especially in three poynts
containt in the second Article, the first pairt is condescendit
to; and as to the second, that no excommunicatione shall be usit
in causes meere civile, or in small matters, and the abolisching,
in tyme coming, of the former summar excommunicatione without
citatione; these poynts importing great weight, and craving mature
deliberatione, the Assembly hes thought meit to superceid all
concluding therein qwhill the next Conventione, qwhere, by God’s
grace, they minde to resolve thereupon; and that, in the meintyme,
nane of the ministrie proceed to excommunicatione without citatione
preceding, _nisi periclitetur ecclesiæ respublica_.
Anent his Majestie’s sute concerning his ministers, it is agreit
that his Majestie shall have choyce of the most grave, learnit, and
godly brethren of the ministrie, with advyce of the Commissioners
following, to be direct to his Majestie, viz. Mrs Robert Bruce,
Andrew Melvill, James Melvill, David Lyndsay, David Fargusone, James
Balfour, Thomas Buchanan, James Nicolsone, Andrew Lambe, George
Gladstanes, or any sax of the said brethren, qwha are appoyntit to
meit the 22d of July nixt.
Sess. 9.
After humiliation of Sir James Chisholme upon his knees, and
acknowledgeing of his offence to the satisfaction of the brethrene,
be the voyce of the Moderatour, the sentence of absolution was
pronuncit in his favours, and he relaxit from the proces of
excommunicatione led against him.
Anent the act made in favours of the executors of ministers: The
Assembly and breither present, for clearing thereof, declares, if the
minister die after Michaelmas, _quia fruges separatæ sunt a solo_,
that his executors shall fall that year’s rent, and the half of the
next, and that the provision of this act be extendit to the relict of
umquhill Mr James Hamyltone, and the Lords requestit to that effect.
Forsuameikle as there is great cause of humiliation of us before God,
qwhais visible anger appears on the heads of this land, yet be the
maist part little regardit: The Kirk hes ordaynit a generall fast and
humiliatione universallie to be observit in all the kirks within this
realme, upon the twa first Sundays of August next to come, the causes
thereof to be laid out generallie be the pastors, according to the
grounds they sie and prescrive.
Forsuameikle as there is ane abuse necessarlie to be remedeit,
especiallie in Caithnes and some uther parts, qwhair they that
possess the benefices, as the late bishops in Caithnes was, in
speciall delapidat the haill rents thereof, except a very small
quantitie in pensiones maist prodigallie to all that saucht the
same, qwhairby he hes delapidat the haill patrimonie of the said
bishoprick; ffor remeid qwhairof, the Assembly ordaynes Mrs David
Lyndsay and James Balfour to admonische Mr Thomas Craige and the
solistar of the Kirk, to persew the said pensioners for reduction
of their pensiones, qwhilk cannot stand be the law, of the haill,
or of the maist part of the fruits of any benefice, and to insist
diligentlie therein.
Anent marriages: The Assemblie declares thir two sorts to be
unlawfull; when ane persone marryeth ane uther qwham they have
polluted by adulterie; nixt qwhen the innocent persone is content to
remaine with the guiltie, and the guiltie will have ane wther, or
taks ane wther.
As concerning marriages made be excommunicat priests or wthers
that hes servit in the Kirk, and deposit from their office, or be
private persones: The Assemblie declares such marriages to be null;
ordayning the brethren of Edinburgh to travell with the Commissaries
of Edinburgh, that they decyde according to the saids conclusions.
Anent the controversie betwixt the ministrie of St Androis and
William Balfour, the brethren appoyntit to conferre thereanent
reportit their judgment following: That the said William shall
declare that he knew no wther but that Mr David Black, minister of
the towne forsaid, had left the proces of the manss controvertit,
and that he hes no wayes proceedit therein, in contempt of the
Kirk, or any particular person within the same; and thir things he
does protest in conscience, and confesses he hes done undutifullie:
that is to say, overseen himself in his dutie towards the Kirk, in
medling not, forwarning them with the title of the house qwhairin he
dwells, in respect of the Kirk’s designation past thereof of before,
for the qwhilk he is penitent before God and his Kirk: provyding
alwayes, that the said confession be nowayes prejudiciall to the said
William in the right and title of the said house, and that the samen
be nowayes objectit against him, in judgement or out of judgement,
and that the said William shall make the said confessione before
the brethren of the conference of this Assembly, the brethren of
the presbytrie that are here present: The qwhilk being done, that
this present Generall Assemblie shall discharge the said presbytrie
of St Androws from all proceeding of censures against the said
William for that matter, and in lyke manner, the said Mr David from
all publick invectione against the said William, in his sermones,
for that cause; and that the said Mr David and William, in token
of forgiveness of all mutuall offences bygone, and profession of
Christian amitie in tyme to come, shall join hands together before
the said brethren of the conference, and keep the samen amitie in
tyme coming; remittand the controversie of their titles to the
discretione of the judges ordinar: And this to be ordaynit be the
Generall Assembly, to be declarit in the paroche kirk of St Androis,
be Mr William Scot, minister of Kinnaquhy. The brethren appoyntit
to conferre be the Generall Assemblie were these: Mrs Robert Bruce,
Peter Blackburne, William Scott, Thomas Buchanan, Andrew Lamb, and Mr
John Coldcleuch, qwhilk judgement of the said brethren, the Generall
Assembly approved in all poynts.
Anent Grammar Schooles in Townes: Every presbytrie is ordaynit within
their awne bounds to take order for visitation and reformation
thereof, and to deall with the magistrates for augmentation of their
stipends and provision of ministers; as also appoynting some persones
most meit of their counsell to attend carefully on the schooles, and
to assist the masters in discipline.
Anent the Acts of the Assemblie: The brethren hes ordayned that the
samen be sichtit, and speciall acts for the practise of the Kirk be
extractit and joynit with the Book of Discipline, to be publishit
aither in wreit or print, that nane pretend ignorance thairof; and
to this effect to concurr with the Clark, Mrs Robert Pont, Thomas
Buchanan, James Melvill, John Johnstone, and James Carmichael.
Anent Colledges: In respect it is thocht necessar that ane visitation
be made of the samen, the present Assemblie hes given commission to
their brethren, Mrs James Melvill, Thomas Buchanan, James Balfour,
Robert Rollock, Walter Balcanquall, Nicoll Dalgleische, James
Nicolsone, and Alexander Forbes, to conveine together the first day
of Januarii nixt to come, to the visitation of the saids colledges,
to try, examine, and consider their doctrine, lyfe, and diligence
of the maisters--the discipline and order wsit be them--the estate
of their rents and livings, and where they finde abuse, so far as
they may, to reforme: Remittand to the Assemblie such things as they
cannot take order with, and qwhat they effectuat herein, to report to
the next Assemblie.
[SIXTIETH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, halden at
Edinburgh, in the New Kirk thereof, the 24th of March 1597[44]
(1596.)
Exhortation being made be Mr James Nicolsone, last Moderator, the
Assemblie proceedit to the election of the new Moderator, and
appoynting on the leets Mrs David Fargysone, David Lyndsay, James
Balfour, and Robert Pont, the said Mr Robert, be pluralitie of votes,
was chosen Moderator _hac vice_.
Sessio 4. May [March interlined] 25.
The King’s Majestie being present, the Moderator exponit to his
Grace, the two heads qwherein the Kirk hitherto hes been occupied,
and how farr else it hes proceedit, viz. _First_, The substantiall
head, for moyene how to resist the enemies qwhilk was _verbo_ recited
be my Lord of Kinloss, for the rest of the number deput to advyse
therewith, and next, concernyng the purgatione of the Kirk; and
because the first is not throuchlie concludit, the Assemblie thoucht
it expedient that the barrones and ministrie qwhilk met thereupon,
take farther resolutione, and present their advyce to the Assemblie
in wreit.
His Majestie thereafter proponit the lamentable disorder of the
yearlie alteration of the platt, and therefore desyred that ane
constant platt should be made, qwhairunto his Majestie was most
earnestlie bent. The Assemblie hes thought meit before any thing be
concludit therin, to sie the act of Parliament made in the year of
God 1592.
Sessio. Eodem die.
Overtures for resisting of the enemies of the Religione and
Estate of the countrie, alsewell forraigne as intestine.
1. First, That all sic that hes kythit action with his Majestie’s
forfaultit rebells, and their knawne favourers and assisters, be
charged to enter their persone in ward, thair to remaine ay and
qwhill they find sufficient cautione that they shall not traffique
nor intertaine intelligence with the saids rebells, nor any uthers
enemies to the Estate or Religione, naither shall joyn with them nor
make them any assistance in caice they repare within the countrie;
and that they give their eldest sonnes or nearest friends in pledges
for the maire sure observing thereof.
2. That the haill livings of the forsaids rebells to his Majestie
be taine up exactly be his Majestie’s officers to be appoyntit for
that effect, and to be employed upon the entertainment of hyred men
for defence of the good cause against the enemie, and for bearing
of uther charges necessare for the advancement of the said cause,
as ane of the effectuall meanes to incourage all such as are knawne
to be well affectionat to the cause, and to procure their aifauld
concurrence to the uttermost.
3. That there be chosen in every paroche be his Majestie’s
authoritie, and voite of the minister, session, and principales
of every paroche, Captaines knawne to be most meit and of best
affection, to conveine the haill parochine in armes monthly in
mustures, and to sie that they be all sufficiently armit according to
their abilitie, and trainit up in the exercise of their armes: and
sicklyke that there be chosen Generall Commanders in diverse schyres
and quarters of the countrie to conveen in armes at all occasions
needfull, to resist all attempts and interpryses of the enemy,
forraine and intestine.
4. That some substantious order be taken for bringing hame sufficient
number of corsletts, muskatts, picks, and uther armour needfull, and
that the same be brought and receavit off the merchants’ hands with
expeditione; and last, that the haill cautioners qwhilk became bound
for the good behaviour of the saids rebells without the countrie, be
chargit before the Councill, and convict of the penalties containit
in the acts of cautionrie; and that the saids penalties be imployit
upon the sustentation of hyrit men, and uthers burdens needfull for
the weill of the cause.
Sessio. May [March] 26.
Forsuameikle as the Toune of Aberdeene hes taken in purpose and
labour in divyding of their populous congregatione, and hes made good
progress therein to the good example of the countrie; notthelesse the
wark remaines imperfect in a part, throw not divisione of the ald
kirk be a parpatt wall, being very commodious and little expensive:
Therefore the Assemblie direct my Lord of Kynloss to the King’s
Majestie’s Commissioners, the Lord Sinclare, the Justice Clark; Mrs
Peter Blackburn, James Nicolsone, Androw Melvill, to the Counsell
of the said Burgh, immediately from the Assemblie, to exhort and
request the Counsell to farder and perfyte the good beginning, and to
divide the said kirk be ane parpatt wall: Quha returning back with
the Baillies of the Towne, declareit that the Counsell, be reasone
that this day of Law is not frequent, allwayes to the division be
a parpatt, hitherto they could not agrie, being myndit to build
the Tolbooth; desyrand earnestly the Kirk to request the Lords and
Colledge of Justice qwho hes land within the burgh to contribute
thereto: qwhairunto the Kirk agried, provyding they wald presently
fall to the divisione be ane parpatt; ordayning the Bailzie to report
the direct answer of the Councill hereupon, upon Munday nixt to come.
Ordaynes ane article to be given in to the King’s Majestie for
establishing ane act, annulling all tacks sett be the ministrie
without consent of the Assemblie.
Sessio. Eodem die.
Anent controversies and decisione thereof amongst the ministers:
The Kirk and Commissioners present ratifies the act made at Dundee
heiranent, and ordaynit the samen to be extendit, alsweill to Readers
as to Ministers, and the paine of contumacie mentionat therein to be
deprivatione.
Because of the bounds of Nithsdale, Annandale, and Galloway, are
destitute of Pastores, The King’s Majestie’s Commissioners proponit
to the Assemblie, that the Kirk wald take care to appoynt some
qualified men for the ministrie there, for qwhois provisione and
entertainment his Majestie wald take order.
Concerning the defectiones of the ministrie: The samen at length
being read out, reasonit, and considerit, the brethren considerit the
samen agreeing therewith; and in respect that be God’s Grace they
intend reformation, and to sie the Kirk and Ministrie purgit; to the
effect the wark may have the better success, they think it necessar
that this Assembly be humblit for wanting such care as become them in
such poynts as is sett downe, and some godly and zealous brother lay
them out for their better humiliatione, and that they make solemne
promise before the Majestie of God, and make new Covenant with him
for a maire carefull and reverent discharge of their ministrie: to
the qwhilk effect was chosen Mr John Davidsone, and Tuesday nixt, at
nyne houres in the morning, is appoyntit in the New Kirk for that
effect; qwhairunto nane is to resort but the ministrie--the forme to
be advysit the morne in privie conferrence.
The tennor of the Advyce of the Brethren deput for penning the
corruptiones and enormities in the Ministrie, and remeid
thereof, allowit be the Generall Assemblie conveint.
Corruptiones in the office.
Forsuameikle as be the too sudden admission and light tryall of
persones to the ministrie, it cometh to passe, that many sclanders
fall out in the persones of ministers, It wald be ordaynit in tyme
comeing that mair diligent inquisition and tryall be used of all
such persones as shall enter in the ministrie, as speciallie in thir
poynts: that the intrant shall be posed upon his conscience before
the great God, (and that in most grave manner,) qwhat moves him to
accept the office and charge of the ministrie upon him; that it be
inquyrit if any by solicitatione or moyen, directlie or indirectlie,
prease to entir in the said office, and it being found, that the
solister be repellit, and that the Presbytrie repell all such of
their number from voting in the election or admissione as shall be
found moyeners for the solistare, and posed upon their conscience to
declare the truth to that effect.
Thirdlie, Because be presentationes, many forciblie are thrust in
the ministrie and upon congregationes, that utters thereafter that
they were not callit be God, It wald be provydit that nane sould
seek presentationes to benefices, without advyse of the Presbytrie
within the bounds qwhairof the benefice lyes; and if any doe in the
contrair, they to be repellit as _rei ambitus_.
That the tryall of persones to be admittit to the ministrie
hereafter, consist, not only in learning and abilitie to preach, but
also in conscience and feiling and spirituall wisdome, and namely
in knowledge of the bounds of their calling, in doctrine, wisdome,
and discipline, to behave him accordinglie with the diverse ranks of
persones within his flock,--as namely with Atheists, rebellious, weak
consciences, and sick uthers, qwherin the pastorall charge is most
kythit, and that he be meit to stop the mouthes of the adversaries;
and such as are not found qualified in thir poynts to be delayed to
further tryall, and whill they be found qualifyed. And because men
may be found meit for some places qwhilk are not meit for uthers,
it wald be considerit that the principall places of the realme be
provydit with men of most worthie gifts, wisdom, and experience, and
that nane take charge of greater number of people nor they are able
to discharge, and the Assemblie to take order heirwith, and the act
of the Provinciall Assembly of Lowthiane made at Linlithgow to be
uregit.
That such as shall be found not given to their book and studie of
Scriptures--not carefull to have bookes--not given to sanctification
and prayer--that study not to be powerfull and spirituall--not
applying the doctrine to his corruptiones, qwhilk is the pastorall
gift--obscure and too scholastick before the people--cauld and
wanting zeall--negligent in visiting the sick, caring for the
poor, or indiscriet in chooseing of the word not mietist for the
flock--flatterers and dissembling at publick sinnes, and speciallie
of great personages in their congregationes, for flatterie or for
fear; that all such persones be censured according to the degrees
of their faults, and continuing thereinto, be depryvit; That
such as be slothfull in the ministratione of the sacraments and
irreverent--as profaners, receaving clean and unclean, ignorants
and sencless--profane and making no conscience of their professione
in their calling and families--omitting dew tryall or wsing nane or
light tryall--having respect in their tryall to persones, qwhairin
there is manifest corruptione; that all such be scharplie rebuked,
and if they continow therein, to be deposit. And if any be found ane
seller of the sacraments, that he be deposit _simpliciter_; and such
as colludes with sclanderous persones, and dispensing and oversieing
them for money, incurr the lyke punischment.
That every minister be chargit that he have ane session established
of the mietest men in his congregatione, and that discipline
strike not only upon gross sinners, as whoredome, bloodshed, &c.
but upon all sinnes repugnant to the word of God;--as blasphemie
against God--banning--profaining of the Sabbath day--disobedient
to parents--idle and unrully--ones without calling--drunkards and
sicklyke deboschit men that make no conscience of their lyfe and
rewling of their families, and especiallie of educatione of their
children, being sclandering, backbyting, flattering, and breaking of
promises; and this to be ane universall order throughout the realme:
And such as are negligent, continowing therein, after admonition, to
be deposit.
That nane falling in publick sclander be receavit again in the
fellowship of the Kirk, except his minister haue some appearand
warrand in conscience, that he hes both ane feelling of sinne and
apprehension of mercy; and for this effect that the minister travell
with him be doctrine and private instruction, and bring him heirto,
and speciallie in the doctrine of repentance, qwhilk being neglectit,
the publick place of repentance is turnit in ane mocking.
Dilapidatione of benefices--demitting them for favours or money,
that they become laick patronages, without the advyce of the
Kirk--precisely to be punisched according to the acts; and that the
dimission in favours for money or utherwayes to the effect above
written, be punisched as the dilapidators.
Corruptiones in their persones and lives.
That such as are light and wantone in behaviour--as in gorgious
and light apparrell--in speech using--light and profane
company--unlawfull gameing, as dancing, carting, dyceing, and such
like, not beseeming the gravitie of ane pastor--be scharply and
gravely reprovit by the Presbytrie, according to the degree thereof;
and continowing therein after dew admonitione, that he be depryvit as
sclanderous to the gospell.
That ministers being found swearers or banners--profainers of the
Sabboth day--drunkards--fighters--guilty of all thir or any of
them--to be deposit _simpliciter_; and such lyke, liars, detractors,
flatterers, breakers of promises, brawlers and quarrellers, after dew
admonition continowing therin, incurre the same punischment.
That ministers given to unlawfull and incompetent trades and
occupations for filthy gaine--as halding hostlaries--taking of ockar
besyde conscience and good lawes, and bearing worldly offices in
noble and gentlemen’s houses, merchandize, and such lyke--buying
victualls and keeping to dearth, and all uther worldly occupations
as may distract them from their charge, and maybe sclander to the
pastor or calling;--be admonisched and brought to the knawledge of
their faults, and if they continow therein, to be deposed.
That ministers not resident at their flocks be deposed, according to
the acts of the Generall Assemblie and laws of the realme, utherwayes
the burden to be layde upon the Presbytries, and they to be censured
therefore.
That the Assemblie command all their members, that nane of them await
on the Court and affaires thereof, without the advyce and allowance
of the Presbytrie.
_Item_, That they intent no actione civill without the said
Presbytrie’s advyce, except in small matters; and for the remeeding
of the necessitie that some ministers hes to enter in pley of law,
that remedie be cravit--that schort proces be devysit to be used in
ministers’ actiones.
That ministers take speciall care in wsing godly exercises in their
families, and teaching of their wyfes, children, and servants--in
useing ordinarie prayers and reading of Scriptures--in removeing
offensive persones out of their families, and such lyke wther
poynts of godly conversation and good example, and that they at
the visitatione of their kirks try the ministers’ families in thir
poyntes forsaids; and such as are negligent in the poyntes, after dew
admonitione, shall be judgeit unmeit to governe the house of God.
That ministers in all companies stryve to be spirituall and
profitable, and to talk of things concernying to godliness, as,
namely, to sic as may strenthen them in Christ Jesus, instruct us
in our calling, of the meanes how to have Christ’s kingdom better
establischit in our congregations, and to know the gospell flourishes
in our flock, and suchlyke wayes the hinderances and remedies that
we find, qwherein there is manyfold corruptions, both in our company
with ourselves and with wthers--and that the contraveeners heirof be
tryit and scharplie rebukeit.
That no minister be found to countenance, procure, or assist ane
publick offendar challengit be his awne minister for his publick
offence, or to bear with him as though his minister were too severe
upon him, under the paine of rebukeing.
Anent Generall Assemblies: To urge the keeping of the Acts anent the
keeping of the Assemblie, that it may have the awne reverence.
Sessio 10^a. May [March] 29.
Instructions to Mrs John Prestowne, and Edward Bruce, Commendator
of Kynloss, his Majestie’s Commissioners to the Generall
Assemblie.
_Imprimis_: Ye shall schaw to the said Assemblie our good will to
have all the kirks of Scotland planted with ministers, and sufficient
livings appoyntit unto them to the great hurt of our owne rent, and
that portion of the thirds qwhilk was assignit to our house and our
comptrollers in the possession thereof: But finding that the haill
thrids is not sufficient to plant the haill kirks; nor yet commodious
to ministers to serve in ane place, and have their livings to sick in
ane wther, very far distant from their cure, Therefore, we thought
good to set fordward ane order for locall stipends, foundit upon the
ground that all the kirks of Scotland should have ministers, and all
ministers stipends within their awne paroches, of sic natour, as
be our authoritie on the ane part, and concurrence and procurement
of the Kirk on the wther, might be obtainit from the tacksmen of
lands, present possessors of the said rent; for the qwhilk effect,
we causit ane act of Parliament to be made in the year of God 1592,
grantand commission to certaine Noblemen, Counsellors, Officers,
and Ministers, and the wther parts, to intreate and presente this
matter, and alse hes given command in particular, to certain of our
Lords of Chekker to help with their advyce and labours to bring the
matter to some perfectione, qwherein, as we understand, there is
something done, as ane part of the brethren can bear record. Lykeas
we continow in our good mynde, in our tyme to have the kirks sattled
anent their livings, and not intanglit yearly with proces, and our
haill kirks planted within this realme, be thir presents, offers,
and permitts, to the said Assembly, to cause our Commissioners,
Counsellers, Officers, to conveen presently, before the expiring of
this Assemblie, with the said Commissioners for the Kirk, to begin
this good purpose, and to lay the ground, and to sett downe the
order, and tyme, and place of convening, to prosecute the samen to
the finall end, conforme to the act of Parliament, so that the stay,
if any shall be in the part of the Kirk, as it hes bein of before,
and not on our pairt.
_Item_, Ye shall schaw to them that is ane stay to this good worke,
that be some of their preachings they wald make the people to
understand that we and our Counsell wald stay the planting of the
kirks, and take away the present livings possessit be ministers,
albeit the contrair be of veritie, and that we and our counsell
is most willing that the haill kirks be plantit, and the rents of
the ministers to be augmentit so far as lawfully may be obtainit,
with consent of our nobilitie and others tacksmen of teynds, qwhais
rights, but order of law, we cannot impare; and therefore this forme
of preaching discourages our good counsellors maist willing in this
wark, and is ane heavie sclander to the ministers themselves, qwherin
ye shall desyre order to be taine, that the lyke be not in tyme
coming.
_Item_, Ye shall desyre these your instructions in our name, to be
registrat in the Books of the Assemblie, as ane perpetual testimonie
of our good will, and also that answers be given, in particular,
be ane generall voteing of the haill Assemblie, and no wayes to be
referrit to ane privie conferrence, and the answers so votit to every
particular head to be registrat in lyke manner therewith, and the
extract of all these articles and answers to be delyverit to yow, to
report to us againe.--_Sic subscribitur_,
JAMES REX.
Sessio 12^a. Penultimo Maii [Martii.]
Forsuameikle as the brethren of the ministrie conveint in the
Generall Assemblie hes with ane solemne humiliatione acknowledgit
their sinnes this day, and negligence in their conscience before God,
and hes interit in ane new covenant in their charges, and seeing ane
great part of the ministrie is not present at this actione; Therefore
the Kirk commands their brethren of the Synodall Assemblies to make
the lyke solemne humiliatione and protestatione as was observit be
the Generall, at their next convening, and so many as beis not at
their Synodall, to doe it at their presbytries.
Articles proponit be the Commissioners of the constant Platt to
be advysit and passit in Acts be the Generall Assembly.
_First_, It is thought requisite be the saids Commissioners, and
cravit, that the said Assembly would ordayne that the Moderators
of ilk presbytrie within this countrie sould give presentations
_jure devoluto_, of all benefices of cure, belonging to laick
patrones within their bounds, that hes not presented qualifiet
persones within sax monethes after the decease of the last possessor
thereof; and sicklyke, the benefices qwhilks shall vaike hereafter
in caice the saids patrones neglect to present within sax moneths,
to ministers serving, or that shall serve the cure of the saids
kirks, under the paine of deprivatione; and that the saids ministers
accept their presentationes, and persew them: And in caice there be
not actuall ministers presently at the saids kirks, in that caice,
that the saids Moderators deall effectuallie with wthers qualified
persones, to accept the saids presentatations, and to prosecute the
samen be law.
That all beneficit persones that are here present in this Assemblie
be movit presently to interdyte themselves from all setting and
disponyng any part of their benefices to qwhatsomever persone or
persones, without the speciall consent and allowance of the Generall
Assemblie, and the interdictione to be subscryvit be such as are
present, and wthers that are absent urgit be their presbytries to doe
the lyke, immediately after the dissolving of the Assembly.
Because the kirks in diverse places of the countrey sustaines great
hurt through the laike of unqualified persones in the ministrie
instructed and trained up in the schooles of theologie; therefore it
is cravit that ane act be made in this Assemblie, ordayning every
provinciall Assemblie to furnische a sufficient entertainment for
a bursse in the New Colledge of St Andrews, this 96th year, and
so forth, yearly, in all tyme coming; and that every Provinciall
Assemblie shall have the priviledge to present the said bursar so
oft as the benefice or place shall vaike: and in caice there be any
of the ministers’ sones within the province, of meit graces for the
said place, that he be preferrit to all wthers to the ministrie; and
after the expyreing of his course, in the study of theologie, that
he be bound to imploy his travells within the province to the qwhilk
his graces may be answerable--and that it be not leisum to the said
bursar to imploy his travells in any wther place, except be the
consent and advyce of the said province.
Seeing the necessitie of the common affaires of the Kirk craves, that
there be a continuall travelling and attendance at court both for the
farderance of the present work qwhilk is in hands, anent the planting
of the Kirks, as lykewayes of the continuall diligence of the enemie,
waiting at all occasiones, speciallie qwhen they finde any slackness
upon the part of the Kirk, in the discoverie and resisting of the
interprizes of the said enemie; Therefore it is cravit, that ane
care and burden of the common cause be laid upon some brethrene be
the Generall Assemblie, either of them that are residents here about
court, or else of some others to be appoyntit of diverse partes
of the countrie, because, wtherwayes, there is nane that finds
themselves in conscience bound to haue any care heirof, or to make
panes therein.
The first two articles the Assemblie answerit is agreit: To the
third, the Assemblie ordaynes it to be movit in the provinces first:
To the fourth, Appoynts Mrs Robert Bruce, David Lyndsay, James
Balfour, and James Nicolsone with them, when he is present.
Sessio 13^a.
Anent the articles concerning his Majestie’s house and persone, the
Assemblie hes nominat Mrs Patrick Galloway, James Nicholsone, and
James Melvill, to conferre with his Majestie thereanent.
Offences in his Majestie’s House.
As strangers and wthers good subjects repairing to the court hes been
comfortit to sie Christiane religione religiouslie exercisit, so now
they are somewhat troublit, seeing the exercise of the reading of
the word at table, and reverent saying of the grace before and after
meat, diverse tymes omittit.
That on the week-day the repareing to the heiring of the word is mair
rare then before, and that he wald be admonisched for heiring of
speeches in tyme of sermone, of them that desyre to commune with his
Majestie.
Privie meditation with God in spirit and conscience, earnestlie to be
recommendit to him.
His Majestie is blottit with banning and swearing, qwhilk is too
common in courteours also, and movit be their example.
His Majestie wold labour to have such companie about him as
himself, according to his awne {blank space} qwhilk is gravely to
be recommendit to his Majestie to be put in practise: Robert Laud,
and such as are suspect, to be removit--especiallie murtherers, and
Papists, and profane persones.
The Queen’s Majestie’s ministers to be reformit; and touching
her company, her not repareing to the word and sacraments--nicht
walking--balling, &c., and suchlyke concerning her gentlewomen.
In respect of the Report of the brethren of the north, that gentlemen
and burgesses are lyke to leave their houses for fear of the enemies,
seeing their great insolence unrepressed at hame, returning of their
wyves to the countrie againe, and their provisions in their houses
and castles for their hame-coming, qwhilk is murmurit against in all
the countrie:
For remedie, it is cravit that the Ladies of Huntlie and Arroll
presently be brought back againe and placit in St Androis, my
Lord Gordone sicklyke to be brought to the south, and put to the
schools--their friends in the south to be wardit,--as Cluny,
Geight, Abergaldie, Cowbairdie, Bonytowne, younger, Craige,
younger, Alexander Hay of Auchmather, Mr Alexander Leslie of Peill,
James Knowes, John Gordoune of Newtoune: to be apprehendit, Towie
Barclay, Patrick Conn. And for this effect it was thoucht good that
some Commissioners, the Provest of Aberdeen, with the Laird of
Wedderburne, to be direct to the north, with the Kirk’s Commissioners
already appoyntit.
The Commone Corruptiones of all Estates within this Realme.
Ane universall coldness and decay of zeale in all estates, joynit
with ignorance and contempt of the word, ministrie, and sacraments;
and qwhere no knowledge is, there is no sense nor feeling, qwhilk
utters itself most manifestly be this, that they want religious
exercises in their families, as of prayer and reading of the word;
and qwhere the samen, for the maist pairt, is abused and profaned be
cuiks, stewarts, jackmen, and such lyke;--the masters of the families
ashamed to wse their exercises of godliness in their awne persones,
and no conferrence at their tables, but of prophane, wanton, and
worldlie matters.
Superstitione and Idolatrie intertaint, qwhilk utters itself in
keeping of festivall dayes and bonefyres, pilgrimages, singing of
carrolls, and Zuill.
Great blasphemie of the holy name of God in all estates, with
horrible banning and curseing in all their speeches.
Profanation of the Sabbath, and speciallie in seed-tyme and
harvest, and commone journeying on the Sabbath,--and trysting and
worldlie turnes,--exerciseing all kynde of wanton games--keeping of
markets--danceing--drinking, and suchlyke--little care and reverence
of inferiours to their superiours; as suchlyke of superiours in
dischargeing their dewtie to the inferiours--as qwhair children
pleyes in law against parentes, and many of them marryes against
their parents’ will and consent, and no care of thair parents for
thair education in vertue and godliness.
Ane flood of bloodscheds and deadly feuds aryseing therupone, and
universall assisting of bloodscheds for eludeing of lawes.
Adulteries, fornicationes, unlawfull marriages, and divorcements
allowit by publick lawes and judges, and children begotten in
such marriages declareit to be lawfull, excessive drinking and
wawchting, gluttonie, qwhilk is no doubt the cause of dearth and
famine,--gorgeous and vaine apparell,--filthie and bawdie speeches.
Sacriledge in all estates, without any conscience, growing
continuallie mair and mair, to the utter undoeing of the Kirk and
staying of the planting of the gospell--cruell oppression of the
poore tennents, qwhareby the haill commons of the countrie are
utterly wrackit, be the extream dear setting of their rowmes,
and halding out of their cornes by untymous teinding and extream
thraldome in services.
Oppression under pretext of law, be usurie and be contracts against
law--forstalling of mercats--ane regrateing be gentlemen burgesses
and commons, qwhairby the pryces of victuall is marvelouslie raised,
to the great hurt of the poore, and suchlyke girnelling of victualls,
and withholding of them from the mercats, and not threshing them out
in due tyme.
Ane great number of idle persones without lawfull calling;--as
pypers, fidlers, songsters, sorners, pleasants, strong beggars living
in harlotrie and having their children not baptized, without all
kinde of repairing to the word.
Offences in the Court and Judgement Seat.
Universall neglect of justice both in civill and criminall
causes;--as, namely, in granting of remissions and respites for
blood,--adulteries and incests,--no execution of good lawes made
against vyces, or in favour of the Kirk, and in civill matters,--the
judges, for the maist pairt, unmeit, either in respect of the want
of knawledge or conscience, or both; and when any office vaikes, the
warst men advancit thereto, both in high and inferiour rowmes.
No executione made against the adherents of the detected enemies,
and the enemies themselves, nor imploying of their livings to the
use of the resisting of the enemies, qwhairby the enemies are rather
beneficit nor hatit.
The odious murder of Dunibristle not punisched.
In Parliaments, sacrilegious persones, as Abbots, Pryors, Dum
Bischopes, voteing in name of the Kirk, contrare to the lawes of the
countrie, whereby the cause of the Kirk is damnified.
The Session is chairgit with buying of pleyes, delaying of justice
and bryberie, qwhilk is evident be extraordinar and sudden conquests.
Grieves to be humbly meanit to his Majestie, in name of the
Generall Assemblie, be thair Commissioners, touching the
principall Offences in the Estate of the Countrie, that be his
Majestie’s Counsell and authoritie sufficient remedie in tyme
may be provyded thereunto.
_First_, It is humbly meanit to his Majestie, that to the great
hazard of religion, and peace of the countrie, and grief of all
good men, the forfalt rebells and enemies of his Majestie’s estate,
injoyes their lands and livings as peaceablie, and to their greater
advantage, then if they were at his Majestie’s peace within the
countrie, and their confederats and friends, partakers and assisters
with them and their treasonable attempts, are sufferit in so great
ane libertie, never having ance so meikle as enterit their persones
in ward, nor giving suretie and pledges for their good and dewtifull
behaviour and obedience to his Majestie, in case it shall happen
the saids rebelles, or any uther forraine enemies, to repare within
the countrie for disquieting of the estate thereof, as if they had
immunitie and exemptiones from all lawes, to confirme themselves for
strengthening the hand of the enemies when they happen to arryve, as
it appeares their intention is, by their preparatione, force, and
armour, and leagues of friendship whilk they are daylie binding up.
Diverse Jesuites and excommunicat priests are intertained within the
countrey, deteining such as they have pervertit in their errors, and
induceing wthers in the samen corruptione, and holding them in hope
of the returning of the Papists Lords with assistance of strangers;
as, namely, Mr Robert Abercrombie, Mr Alexander Macqwhirrie, Abbot of
New Abbay, John Gordone of Newtoune, the young Laird of Bonytoune, Mr
Alexander Leslie of Peill, Patrick Carr, Alexander Ramsay, and divers
uthers.
That in many pairts of the countrie, for lake of provisione of
sufficient stipends for provisione of pastors, the people lyes
altogether ignorant of their salvation, and dewtie to God and
the king, qwhairthrough the land is overflowit with atheisme and
all kynde of vyce, there being above four hundreth pareche kirks
destitute of the ministrie of the word, by and attour the kirks of
Argyle and the Isles.
It is regraitit universallie, be his Majestie’s leiges, that
through the delaying, perverting, and eluding of justice, murthers,
oppressions, incests, adulteries, and all kynde of haynous crymes
aboundes.
It is to be heauilie meinit, that the brether of the ministrie that
hes gotten ane meine provisione or help be the assignation made
anno 1595, are delayit and frustrat of justice, by the Lords of
Session refusand to decyde their suspensiones according to the act of
February 1588.
Articles to be proponit to his Majestie for remedying of the
former Grieves.
For remeid of the former grieves, it is humbly to be craveit of his
Majestie, that the Lairds of the forfaulted rebells be disponit to
such as are knawne to be most meit, and of best affectione to resist
the enemies of religione, and his Majestie’s Estate, both forraigne
and intestine, and in the meantyme that their livings be taken up,
and intromittit with be his Majestie’s officers, and imployit upon
the intertainment of wagit men, and uther necessar uses, for the
maintainance and advancement of the good cause; and that the ladies
of Huntlie and Arroll be chargeit to come south, and make their
residence in St Androis, that there be no more ane receipt and
incouragement to the enemies, as they are presently, be their subtill
forme of practice, qwhilk they have useit this year by past, to the
confirming of their friends and confederates, and intyseing of uthers
whom they might seduce to their purpose, and upon violence against
such as refuse to yield to their course, and that the Ladie Huntlie,
her eldest sonne, be brought south, to be trained up in the knawledge
of good letters and religion, and that the Lairds of Clunie, Gicht,
Aberzeldie, Cowbairdie, Craige, younger, Alexander Hay of Auchmathie,
Buckie, James Knowes, Towie Barclay, Patricksone, and the rest of
their principall friends and confederats that hes kythit with them
in actione in their treasonable interpryses againes his Majestie,
be chargit to come south, and enter their persones in some speciall
ward, there to remayne ay and qwhill they have found sufficient
cautione under great soumes, that they shall neither traffique,
intercommune, supply, or intertain intelligence, nor give any kinde
of assistance to his Majestie’s rebells, or any wther enemies of
religione qwhatsumever, and give sufficient pledges of their sonnes
and nearest friends to that effect.
That his Majestie give commissione to some of his speciall servants
and wthers, knawne to be of good abilitie and affectione, to
search, seik, apprehend, and present before his Majestie, Mr Robert
Abercrombie, Mr Alexander Macqwhirrie the Abbot of New Abbay,
Alexander Ramsay, Bonytowne, younger, Alexander Leckie of the Peill,
John Gordoune of Newtowne, and wthers, Jesuites, and excommunicat
Papists, as their names shall be given in a roll.
That his Majestie would prosecute his good purpose and intentione
declareit before the Assemblie, anent the planting of the haill kirks
within the countrie, with qualified pastores and sufficient provision
of stipend for their intertainment; and for that effect, that he wold
give commissione to the visitors nominat be the Generall Assemblie,
to take inquisitione of the estate of all kirks within the bounds
of their visitatione, and to deall with the tacksmen and possessors
of the teinds, in his Majestie’s name, for sufficient provision to
the ministers, out of the rent of every paroche, and to report the
samen to his Majestie’s Commissioners appoyntit for the work of the
platt, in the act of Parliament, and provyde some honest moyen for
the intertainment of their charges in the journey.
That his Majestie take order substantiously be advyce of his Counsell
and Estate, how the principall judgment seat and wther inferiour
judges may be purgeit of unqualified and corrupt persones, and filled
with wthers meit to discharge that calling faithfullie, for the
comfort of his Majestie’s peaceable and well-disposed subjects.
That his Majestie wold command the Lords of Session to minister
justice to the brethren of the ministrie that hes gotten any
augmentation of their meine stipends or new provisione by the
Commissioners appoyntit be his Majestie’s Commissione, the ’95th
year, and that according to the Act of February 1567, as they are
bound by their solemn oath and promise; and sieing the extraordinary
dearth wrges them with so great necessitie, that unless his Majestie
have a consideratione of their estate, they and their families will
be driven to extreame povertie and want.
[SIXTY-FIRST GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, halden at Perth,
the first of March 1597, where there conveint the Commissioners
from all Presbytries, according to his Majestie’s missive.
Sessio 1^a.
Exhortatione there was nane.
Anent the supplicatione given in be Mr Thomas Nicolsone, advocat,
bearing that in respect he was admittit clark to the Generall
Assemblie, in place of Mr James Richie, last clark thereof, be
seven of the Commissioners deput be the last Generall Assemblie,
to intraite and conclude upon the affaires of the Kirk, qwhilk
sould fall out and interveine before the next Generall Assemblie,
that, therefore, the Assemblie now conveint wald admitt the said Mr
Thomas to the said office, and corroborat his admissione with their
authoritie: The brethren conveint, all in ane voyce, creatit and
electit the said Mr Thomas _de novo_, and admittit him to be Clark
of the Kirk; with power to him to use and exerce the samen, and all
priviledge belonging thereto, also frielie as any clark might have
done at any tyme bygane.
Sess. 2^a. Martii 2^o.
Anent the commission direct from his Majestie to Sir John Cockburn
of Ormistoune, Knight, Justice-Clerk, and Edward Bruce, Commendator
of Kynloss, with all expeditione, to repare to the Commissioners
of the Presbytries of the Kirk presently assemblit within the Kirk
of Perth, and to inquyre of them if they be ane lawfull Generall
Assemblie of the Kirk, and hes sufficient power be themselves to
give answer, treat and conclude upon such things as are to be
proponit and intreatit in this present convention, according to his
Majestie’s warrand and missive, direct to them be his Hienes to
this effect, and to report their answer, in wreit, thereanent: The
brethren present, after lang reasonyng and conference had anent the
premisses, thinks that this their meeting is ane lawfull Generall
extraordinar Assemblie, be reason of his Majestie’s letter direct to
the presbytries and provincialls to that effect, and the presbytries’
and provincialls’ Commissioners given to meet in the town of Perth,
and therefore are willing to hear what his Majestie shall propone,
and to treat, conclude, and give answer thereanent, conform to the
commissiones with the qwhilks they are authorized be the Presbytries
and Synodalls.
Sessio 3^a. Martii 2^o.
The Commissioners deput be his Majestie, proponit certain heads and
articles to the brethren to be resolvit and concludit in the present
Assemblie, qwhereof the tenor follows:
Since the quietness of the Kirk, and the frieing of the same of
sclander, qwhilk, upon the contrare, effects wold necessarly follow,
as the chieff butt and end qwhereat his Majestie schoots in the
conveening and holding of this present Assemblie: Therefore, for
eschewing of fascheous and langsome disputatione, qwherupon divers
uncomlie controversies and debates might aryse, his Majestie hes
thought good to remitt the decisione of ane great number of the
pretendit questiones to ane better opportunitie, to be reasonit in
the meintyme be such as shall be authorized be commission to that
effect, and for the present shall content himself with the decision
of thir few articles following, having made change of nane but such
as necessitie of tyme could not permitt to be delayed without ane
great harme and sclander to follow.
1. That it be not thought uulawfull naither to the prince nor any
wther of the pastors any tyme hereafter, to move doubts, reasone
or crave reformatione in any poynts of the externall policie and
gubernament or discipline of the Kirk, that are not essentially
concernyng salvation, or is not answerit _affirmative vel negative_
by any expresse part of the Scripture; provyding that it be done
_decenter_, in right tyme and place, _animo edificandi non tentandi_.
2. That since the civill and politick government of the country
belongs alwayes alanerlie to the King’s office and his Counsellers,
and in no wayes pertinent to the spirituall ministrie of the word,
that no minister shall hereafter, at any tyme, meddle with the
matters of the Estate in the pulpit, or with any of his Majestie’s
statutes, lawes, or ordinances. But, if any of the ministrie shall
think any of them hurtfull to the religion, or contrair to the word,
they shall privatly complaine to the King thereupon, or his Counsell.
3. That it shall not be lawfull to the pastors to name any particular
man’s name in the pulpit, or to descryve him as may be equivalent
with their nameing, except upon the notorietie of a cryme; qwhilk
notorietie man only be defynit be the guiltie persones being fugitive
for the tyme, or being fyllit be ane assyse, or excommunicat for the
same.
4. That every minister, in his particular applicatione, shall have
only respect to the edificatione of his owne flock, and present
auditor, without expatiating upon wther discourses, no wayes
pertinent for that congregatione.
5. That every particular presbytrie shall be commandit to take
diligent accompt of their pastore’s doctrine, and that he keep him
within the bounds of the premisses.
6. That summar excommunicatione be all wtterlie abolisched, as inept,
and that three lawfull citationes at leist of aucht dayes intervall
betwixt every one of them preceed the sentence.
7. That no Session, Presbytrie, nor Synodall, wse their censures upon
any but upon them that are resident within the bounds committit to
them, wtherwayes their decreets and sentences to be null.
8. That all summonds contain ane speciall cause and cryme, and nane
_super inquirendo_ to be summond, _quod est mere tyrannicum_.
9. That no meeting nor conventione be among the pastores without his
Majestie’s knowledge and consent, excepting alwayes their ordinary
Sessiones, Presbytries, and Synods.
10. That in all the principall townes, ministers be not chosen
without the consent of their own flock and of his Majestie, and that
order to begin presently in the planting of Edinburgh.
11. That all matters concernyng the rest of his Majestie’s questiones
be suspendit unmedled with, either in pulpit or any wther judicators,
qwhill first all his Hienes questiones be fully decydit; And in
speciall all matters importing sclander, come not in before them in
the meantyme, qwharin his Majestie’s authoritie royall is highly
prejudgit, but only in causes merely ecclesiastick.
12. That seven or aught of discreet wyse ministers be authorizit be
commissione to reason upon the rest of the questions, as opportunity
of tyme shall serve.
13. That they give commissione to the ministrie of the north to be at
a poynt with Huntlie; and, in caice he satisfie them, to absolve him.
And for the better answering of the saids Articles, the Assemblie
ordaynit certaine brethren to be chosen out of every schyre
presentlie convenit, who should give their advyce and overture upon
the saids Articles proponit be his Majestie, and thereafter reporte
the same to the Assemblie:--they are, to say, Mrs John Monro,
Alexander Dowglass, Peter Blackburne, John Strauchane, Alexander
Buchanan, James Melvill, John Spottswood, Adame Colt, Thomas Storie,
Andrew Clayhills, John Knox, James Brysone, Patrick Scharpe, Gavin
Hamiltone, Alexander Scrymgeour, and David Barclay.
Sess. 5^a. Martii 4^o.
The brethren convenit being desyred be the King’s Commissioners
sent from his Majestie to repare to the place where his Heines
with the Estates were presently sittand, to conferre anent the
forsaids articles, they, at his Majestie’s desyre, resortit to the
Counsell-house, and there, before any farther reasoning, after his
Majestie had discoursed upon such things as should be proponit,
protestit in manner as after follows:
Sir,--Forsuameikle as we are come hither to testifie to your
Majestie our obedience, and to hear what shall be proponit to us be
your Heines, in all reverence we protest that this our meeting be
not esteemit as though we made ourselves and the Assemblie with the
Estates, or yet does submitt any matters ecclesiasticall, either
concerning doctrine or discipline, to this judicator; but after we
had conferrit and reasonit with your Majestie anent the articles
proponit to us, we most returne to the ordinarie place of our
Assemblie, there to reasone, vote, and resolve in all these poynts,
according to the word of God and ane good conscience; and this our
protestation we most humbly desyre may be admittit and insert in
your Majestie’s Books of Counsell, for eschewing of inconvenientes
that heirafter may ryse:
The qwhilk protestatione was ratified, reiterat and confirmed be
his Majestie; and after long reasoning upon the saids Articles, the
brethren were demittit.
Sessio 6^a. Martii 4^o.
Anent the Articles proponit be his Majestie to be resolvit and
answerit be the Generall Assemblie, the brethren, after long
conferrence and mature deliberation, concluds and answers to the
samen, in manner and forme as after follows:
1. First, That it is lawfull to his Majestie, be himself or his
Heines’ Commissioners, or to the pastors, to prepare in ane Generall
Assemblie, qwhatsoever poynt his Majestie or they desires to be
dissolved or to be reformed in matters of externall government,
alterable according to circumstances, provyding it be done in right
tyme and place, _animo edificandi, non tentandi_.
2. The Assembly ordaynes that no minister shall reprove his
Majestie’s lawes, statutes, acts, and ordinances, unto the tyme
that first he be advysit with his Presbytrie, Synodall, or Generall
Assemblies, complaine and seek remedie of the same from his Majestie,
and report his Majestie’s answer, before any further proceeding.
3. No man’s name should be expressit to his rebuke in pulpit, except
the fault be notorious and publick, qwhilk notorietie is defynit,
if the persone be fugitive, convict be ane assyse, excommunicat,
contumax after citation or lawfull admonitione; nor yet should any
man be descryvit openlie be any uther circumstances except publick
vyces alwayes damnable.
4. The brethren finds that no persone sould use applicatione qwherin
he hes not ane chief respect to the edifying of his awne flock and
present auditor.
5. The Assemblie ordaynes every Presbytrie to take diligent accompt
of the pastor’s doctrine, and that he keep himself within the bounds
of the word.
6. The Assemblie superceeds to answer to the 6th Article unto the
next Generall Assemblie; and, in the mean tyme, suspends all summar
excommunicatione qwhill the said Assemblie.
7. The 7th lykewayes is referrit to the next Assemblie.
8. Ordaynes all summonds to contain ane speciall cause and cryme, and
that nane be summoned _super inquirendis_.
9. No conventiones sould be amang the pastores without his Majestie’s
knawledge and consent, except alwayes Sessiones, Presbytries, and
Synods, their meetings in visitationes of kirks, admissione and
deprivatione of ministers, taking up of feuds, and such uthers as hes
not been found fault with be his Majestie.
10. In all principall towns, ministers should not be chosen without
the consent of their own flock and his Majestie.
11. All matters concerning his Majestie’s questiones remanent shall
be suspendit, nor damned or rebuikit either in pulpit or uthers
their judicators, qwhill first all his Hienes’ questiones be decydit
in the next Generall Assemblie, and in speciall matters importing
sclander, shall [not] come in before them in the meintyme, qwherein
his Majestie’s authoritie royall is highly prejudgit, excepting only
ecclesiasticall causes.
12. The Assembly hes appoynted and chosen certaine brethren with
commission to treat upon the saids questiones, and report their
advyce and opinione to the next Generall Assemblie, referring the
tyme and place of conveining to his Majestie. The brethren appoyntit,
to that effect, as followes: Mrs James Nicholson, Jone Caldcleuch,
Andrew Clayhills, David Lyndsay, Thomas Buchanan, James Melvill,
Robert Wilkie, William Couper, John Couper, Thomas Brysone, Robert
Rollock, Patrick Galloway, John Duncansone, and Robert Henrie.
13. The Assemblie gives commissione to the ministrie of the
Presbytries of Morray and Aberdeine to insist in conferrence with the
Earle of Huntlie; and, to that effect, appoynts Mrs Andrew Millne,
Andrew Leith, Andrew Lambe, George Gladstones, and John Ramsay, to
concurr and assist with them, and ordaynes them to report their
answers to the conditiones and articles given them in commissione for
tryall of the said estate.
Sess. 7^a. Martii 5^o.
The Articles for Triall of the Earle of Huntlie.
1. First, That the said Earle, from the day of his compeirance before
the saids Commissioners, shall make his constant and ordinarie
residence in Aberdeene, that he may be instructit be hearing the
word, and ordinarie conferrence indureing the tyme appoyntit for the
same.
2. That he be well informit with knawledge, to condescend in the
principall grounds of religion affirmative, and the untruth of errors
contrair to the same, and that he be able to give a reasone of his
knawledge in some measure.
3. That he be brought to ane plaine acknawledgeing of the Kirk within
this countrie, and profess himself adjoynit to the same, as ane
obedient member thereof, and be content to hear the word, participat
the sacraments, and obey the discipline of the Kirk, as the samen is
presently allowit be the King’s Majestie and the Estates.
4. That he solemnly promise, be word and written band, to remove out
of his house, company, and haill bounds under his power, Jesuits,
Priests, and excommunicate persones.
5. That he agrie to swear and subscryve the Confession of Faith in
presence of the haill Commissioners.
6. That he agrie to satisfie in the kirk of Aberdeene, in most humble
manner, for his apostacie, and there renew the forsaids promises and
bands in most solemne manner.
7. Anent the slaughter of the Earle of Murray, that he declare
his griefe and repentance for the same, and promise to make ane
assythment to the partie, when the samen may conveniently be acceptit
off, and utter his forsaid repentance and grieff therein, at the tyme
of his publick satisfactione.
8. Forsuameikle as be occasion of service done to his Majestie in
persewing the said Earle, be force and utherwayes, syndrie in these
pairtes hes incurrit his displeasure and deidly feud, that he be
content to remove all these occasiones with such convenient diligence
as the saids Commissioners shall think expedient.
9. For declaratione of his aifald adjoyning with us, that he be
content at their sichts, and advyce of his best disposed friends, to
provyde sufficient stipends for his kirks.
10. That he shall acknowledge his faults qwhereof he was justly
excommunicat, and especiallie the burning of Dunybirsle, and his
apostacie.
11. That he shall have ane ordinare minister resident in his awne
house continuallie; with power to them to conveen the 22d day of
March instant, or sooner if they can possiblie, and to conferre with
the Earle of Huntlie, and resolve him of the Articles forsaids, and
to report his minde and resolution thereanent at the next Generall
Assemblie, to be halden at Dundee the tenth day of May nixt to come.
Anent the supplicatione given in be Dame Elizabeth Oliphant, Countess
of Angus, making mentione, That where diverse and frequent sutes
hes been made to herself and the remanent friends of William,
sometyme Earle of Angus, desyrand conferrence with certaine of the
ministrie, for his farther resolutione in the heads of Christian
Religion, qwhilk hes not tane such good effect as was lookit for, be
reason of certain impediments qwhilk hes fallen out in the meantyme;
requesting, therefore, most earnestlie to appoynt certaine of the
wysest brethrene where he makes his residence to conferre and
resolve him of the doubts that stayes from imbracing and professing
of the trew and Christian Religion publickly professit within this
realme: The Assemblie ordaynis the ministrie of Angus and Meirnes
to conferr with the Earle of Angus anent such doubts as he wald be
resolvit upon, and speciallie to conferre with him anent the Articles
preceeding, qwhereupon the Earle of Huntlie is ordaynit to be tryit,
exceptand only such as concerns the Earle of Morraye’s slauchter,
and to report his resolutione in the premisses to the next Generall
Assemblie.
Anent the offers given in be Francis, sometyme Earle of Arroll,
to the Generall Assemblie presently conveint at Perth, beirand as
follows:
First, I offer to abide any just tryall of the alleadged traffiqueing
against the Religione presently professt within this country,
indureing my absence off the countrie, and make all sufficient
purgatione to your Wisdomes for the same. Farther, I offer all
possible securitie and caution, in all tymes comeing, never to
traffique against the said religione, and that neither the said
religione nor discipline thereof shall any wayes be hinderit be me,
but have the ordinare course in my bounds, as in uther parts of the
countrie, and to declare my willingness to be resolvit in the said
religione, I am content to accept conferrence therein, and requires
the same at your Wisdomes, who hes power, that ye will appoynt ane
or mae of your number indifferently, as they shall be requyrit of
me in the pairts qwhere I presently dwell, and have the leasure or
occasione to resort where I shall happen to be, to conferre with me
upon the haill controvertit heads, that I may have instructione; and
if I shall be thereby movit, that the haill number of that Synod
where my residence is, will take the paines to convince and meet me
at some competent place, to hear and testifie of me; indureing the
qwhilk tyme of conferrence, I shall no wayes respect any Jesuite,
Seminarie Priest, or excommunicat persone. And if it shall happen
that I be resolvit in the heads of controversie, shall unfainedly
from my heart imbrace the said religion, and make publick confession
thereof in tyme coming, and shall make satisfaction for my defection
from the same, as shall be injoynit: Lastly, desyres to be absolvit,
or at least suspendit, from the sentence of excommunicatione
indureing the tyme of conferrence, so that nane of my friends that
resorts to me, and may be stedable to me be their counsell, either in
the said conferrence or uther my leisum affaires, be troublit be your
censure therefore, but may have your licence to have accesse to me,
and I to them, in qwhatsomever part of the countrie I shall resorte,
lykeas I have obtained his Majestie’s licence and charge to your
Wisdoms to give me conferrence, qwhilk it may please yow receive, and
do accordingly as ye wold give me argument of your good intention
toward my conversione, qwhereof I doubt not, and for performing of
the premisses shall finde cautione and seuertie.
The Assemblie ordaynes the ministrie of Morray and Aberdeene, with
the fyve ministers adjoynit unto them, for conferring with the
Earle of Huntlie, to trait lykewayes with the Earle of Erroll anent
the premisses, and to report unto the nixt Generall Assemblie what
resolutione they finde in him concerning the Articles conteined
in their Commissione direct for the tryell of the Earle of
Huntlie--exceptand alwayes such articles as concerns the slauchter
of the Earle of Morray. Farther, the Assemblie ordaynes these
Commissiones granted for conferrence with the saids Earles of Angus,
Huntlie, and Arroll, to be extended to the Lairds of Newtoune and
Bonnytoune, in caice they offer themselves to satisfy the Kirk.
Attour, if it shall happen the said excommunicat persones, or any of
them, to resorte or repare to any uther part within the realme, the
Generall Assemblie gives full power and commissione to the ministrie
of the Presbytries where they shall chance to resorte, to treat and
conferre with them anent the heads and articles above written.
Anent the supplication given in be Mr John Rutherfurde, desyreing
the process of his deprivation led be the Presbytrie of St Andrews
to be produced, seen, and considerit be the Assemblie, the Assemblie
ordaynes the Presbytrie of St Andrews to produce the said proces at
the next Generall Assemblie, and there to answer to the said Mr John
his complaint given in against them.
Certaine Petitiones given in be the Ministrie presently conveint
to the King’s Majestie.
1. It is humbly cravit be this present Assembly, that your Majestie,
with advyce of the Estates presently conveint, considering how it hes
pleased God to giue ane good successe to this present Conventione,
and that all things concludit herein tends to the peace and quietness
of the haill Estate of this countrie, and the disappoynting the
expectation of the adversaries, will, with advyce forsaid, publish
be open proclamation the good success of this present Conventione,
together with ane declaratione of your Majestie’s intentione, utterit
be yourselfe at this tyme in presence of your Estates, declaring
your good will to maintaine the trew religione presently professit
within your countrie, with the discipline adjoinit thereunto, and
the ministers to whom the charge of the same is committit; and to
declare that your Majestie’s will is, that qwhatsoever lawes, act,
or proclamatione hes been made, prejudiciall to the same, shall be
esteemit contrair to your Majestie’s mining, and to have no force
nor effect in no tyme hereafter, and that nane of your subjects
pretend be any cullour thereof to molest or trouble any of the saids
ministers, but that they be under your Majestie’s protection, and
that ye will esteem the contraveiners, troublers of your Majestie’s
estate, and punish them accordingly.
2. That all Papists, Jesuites, and Excommunicats remaining within
this countrie, be chargit to passe off the same betwixt this and
the first of May nixt to come, or else to satisfie the Kirk; and if
they doe not the same before the day appoynted, that Sheriffs in
shyres, Provests and Baillies in townes, be commandit to apprehend
and present them before his Majestie and Councill, to be punischit
according to the law; and if they be negligent in apprehending them,
that commissione be given to certaine most zealous and willing
persones to doe the same.
3. That it may please your Majestie, according to your accustomed
clemency, to relax presently the ministers of Edinburgh from the
horne, and suffer them peaceablie to returne and remain within this
realme; as also to relieve and sett at freedome sic gentlemen and
professors of religione as now are under challenge, seeing your
Majestie knawes that the love of religione moved them to these things
qwherwith they now are burthened.
4. That sieing that Edinburgh hes that honour to be the chief burgh
of this countrie, and now are both destitute of their own ministers,
and sicklyke callit from tyme to tyme before your Majestie, qwhilk
is no small grief to their hearts, in respect your Majestie knawes
that the greatest pairt of the haill towne are most willing to giue
your Majestie all obedience, and to hazard lyfe and substance for
your Majestie’s standing, that it may please your Majestie favourably
to deall with them according to your accustomed gentleness, that
it may appeare your Majestie is more inclynit to shaw favour unto
men that meanes uprightlie to your hienes nor to papists, We are
moveit to crave the same, that all your subjects may see a generall
agriement--That it may please your Majestie, sieing Mr David Black
hes obeyit such things as was injoynit unto him, to give him libertie
to returne to his flock, and sicklyke to Mr John Welsche and to Mr
John Howisone.
Because diverse complaynts of hurting and mutilating of ministers are
given in before us, namely--
We most humbly crave that your Majestie wald take some substantiall
order for punisching the offenders in example of all wthers hereafter.
That provisione be made for planting of kirks, and that the
augmentationes and planting of new kirks, made in anno 1595, be
allowit.
Followes his Majestie’s Answers to the saids Articles.
The first is granted in substance. The 2d is also granted. As to
the 3d, concerning the ministers of Edinburgh, they are ordayned to
be relaxed upon cautione to be found be them to the Justice Clark,
that they shall underly the law. As to the gentlemen for whom the
Assemblie makes request, his Majestie thinks good that they, be the
mediation of their friends, be suiters for themselves. As to the 4.
touching the Towne of Edinburgh, his Majestie will nowayes trouble
innocent men, but such only as are guiltie, and mindes schortlie to
be at a poynt with them. Touching the invasion of the ministers, ane
commissione is ordaynit to be directit for calling and punisching
the offenders. Concerning the last article, his Majestie ordaynes
the thesaurer, Mr James Elphingstone, the Clerk Register, Mr John
Prestone and Mr Edward Bruce, to take order, alsewell for the
planting of kirks as with the augmentationes qwhilks were grantit
anno 1595.
[SIXTY-SECOND GENERAL ASSEMBLY.]
The Generall Assemblie, halden at Dundie the 10 day of May 1597,
in the Little Kirk.
Sessio 1^{ma}.
Exhortatione being made be Mr Robert Pont, last Moderator, the
brethren appoyntit on leets Mrs Nicol Dalgleische, James Melvill,
Patrick Simpsone, Patrick Sharpe, Thomas Buchanan, John Porterfield,
Robert Rollock, James Balfoure, David Fargusone, and David Lyndsay:
be plurality of votes Mr Robert Rollock was electit Moderator _hac
vice_.
Sessio 2^a.
Mr Thomas Nicolsone and John Williamsone, wryter, put in liets
for the clarkship, being vaickand be deceise of Mr James Richie;
be pluralitie of votes, Mr Thomas Nicolsone, advocat, wes chosen,
sworne, and admittit.
Sessio 3^a.
Alse it was ordaynit, that all the acts of the Assemblie should be
formed be discreit and wyse brethren, and to be read in audience
of the haill Assemblie before the dissolving of the samen, and
thereafter to be inbookit and registrat.
Sessio 4^a.
Anent the supplication given in be the Lairds of Wachtoune and
Glennagys, desyrand ane command to be given to Mr William Morray,
minister at Dysart, to sett in tack and assedatione to them or their
tennents the teynds of their awne lands, lyand within the parochine
of Dysart, or else for eschewing of farther danger, to reteine the
saids teynds in his awn hand; The Assemblie ordaynes the said Mr
William to reteine the saids teinds in his awne hand, discharging
of setting the same to any persone whatsumever, under the paines
contained in the acts of the Generall Assemblie.
Anent the supplicatione given in be the Presbytrie of Dunbartone,
desyrand, in respect of the fewness of their number, that certaine
of the Presbytrie of Paslay might be adjoynit unto them, to the
effect they might be the more able to travaill upon the commone
affaires, pertaning to the glory of God and weill of the Kirk; The
Assemblie ordaynes a commissione to be direct for visitatione of
the haill Presbytries within the bounds of Clidsdale, Ranfrew, and
Lennox, with power to them to consider how many Presbytries shall be
necessar within the saids bounds, and to sett downe a solide order
thereanent.
Anent the complaint given in be the Presbytrie of Brechine against
Mr Dougald Campbell, minister of Fernwell, for his obstinacie in
refuseing to pronounce the sentence of excommunicatione against
Patrick Butter at command of the said Presbytrie, he being Moderator
thereof for the tyme, for the qwhilk they had suspendit him from
preaching the word untill this present Assemblie: The Generall
Assemblie ratifies and allowes the said suspensione.
Sessio 6. May 14.
The brethren of the Presbytries of Morray, Aberdeene, and Mearns,
with the uther brethren joynit with them in commissione conjunctly,
_respective_ appoyntit be the last Generall Assemblie halden at
Perth for tryall of the obedience of the Earles of Angus, Huntly,
and Erroll, to the particular injunctiones sett downe be the said
Assemblie, and injoynit to them for declaration of their repentance,
being desyrit be the Generall Assemblie to report what resolutione
they fand in the saids Lords touching such articles and conditiones
as were sett downe in the said commissione, they being present
before; The haill Assemblie testified and declared, that they fand
them obedient and willing to satisfie in all humble manner, and
persevering and continowing in their earnest sute for reconciliation
with the Kirk; and as concerning the saids articles and conditiones,
qwherupon the saids commissioners were ordaynit to have tryit and
resolvit them, the saids commissioners, every ane of them for their
awn pairts respective, producit the saids articles and conditiones,
with full answers to every ane of them particularlie subsequent made
be the saids Lords, offering to acquiesce to the saids conditiones,
and to fulfill the same; and for mair declaratione of their consents,
the saids articles and answers therto particularly following every
ane of them were subscryvit severally be the saids Lords, in signe
and token of their imbracing thereof--as followis:
Huntlie his Answers to the Articles.
1. The first is obeyit; for he compierit at Aberdeen the 22 of
March appoyntit to him, and there abode awayting on doctrine and
conferrence untill the commissioners were satisfied with his
resolutione, and so the conferrence endit.
2. The brethren appoyntit to deall with him brought him, after long
conferrence, to confess the verity of the haill grounds of religion
_affirmative_, resolvit his doubts be the word of God, and movit him
with knawledge to refuse and detest all heads of Papistrie contrair
to the same.
3. He acknowledges the Reformit Kirk of Scotland to be the trew Kirk:
he is ready to joyne himself efaldly therto, acknowledging himself
ane member thereof, submitting himself to the same; will hear the
word of God, and obey the same be the grace of God; participat the
sacraments, and obey the haill discipline of the Kirk, as it is
allowit be the King’s Majestie and Estates.
4. He is readie to swear and subscryve the Confessione of the Faith
in presence of the haill commissioners so soon as they shall come
back, with power to pronounce his absolutione.
5. In significatione of his obedience to this article, he hes
declarit to the haill commissioners, that sen he enterit in dealing
with the Kirk he never intercommunit be word nor wryte with any
Jesuite, Priest, or excommunicat Papists, except so many as are
under conferrence with the Kirk, and is content to abyde thereat in
all tymes comeing: sicklyke he is content to giue his written band
that he shall banishe out of his company and bounds all Jesuites
and Seminarie Priests, and shall expell therefrom all excommunicat
Papists, except such as shall have licence from the Kirk and
King’s Majestie; and, finally, that nane shall haue receipt be his
knowledge, in the places of his commandment, that are profest enemies
to the religione.
6. He is content, now or hereafter, to satisfie for his apostacie, in
the place appoyntit, at the discretion of the saids commissioners,
and then to ratifie the foresaid promise.
7. He declares his unfeigned grief for the slauchter of the Earle
of Morray, and will satisfie the partie at the sight of the King’s
Majestie, the Kirk, or of godly and indifferent friends will make
offers to that effect; lykeas he hath given ane blank to his Majestie
to be filled up with particular assythments, and that after his
absolutione.
8. He promises, now or hereafter, to crave of God mercy for the said
slauchter, when, where, or how the Kirk’s commissioners shall appoynt.
9. At the desyre of the saids commissioners, he presently remitts all
rancour and malice conceaved be him for any occasione or died offerit
to him be the countrie men in the King’s service, and promitts upon
his fidelitie, never to quarrell any for the same that are within
their bounds, and speciallie nane of the ministrie either north or
south.
10. He agrees that at the sight of the ministers Mrs David
Cunninghame, Alexander Dowglass, George Gladstanes, and of his
friends Pitlurge, Cluny, shall sett doune ane order for provisione of
his kirks, and qwhilk he promises to execute immediatlie after his
absolutione.
11. Be the advyce of the saids commissioners, he promitts to take ane
minister, and to intertain him in his awne house.
12. He confesses that be his publick offences he gave sufficient
matter to the Kirk to have deducit the sentence of excommunication
against him.--_Sic subscribitur_,
HUNTLIE.
The Earle of Erroll’s Answers to the Articles.
1. The first is obeyit; for he haveing sufficiently excusit his
absence fra the first dyet, the 27th of March, came to Aberdeen the
5th of Apryle where the Commissioners appoynted him to resort to
Aberdeene, about the 20th day of Apryle, to have conferrence with
such as they appoyntit of their number, to meit him there, qwhilk he
did, coming in the towne the 20th day of Apryle, and there abode,
resorting to publick doctrine and conferrence till the Commissioners
were satisfied with his resolutione; and so the conferrence was endit.
2. The brethren appoyntit to deal with him brought him, after long
reasoning, to confesse the verity and haill grounds of religion,
_affirmative_, resolvit his doubts be the word of God, and ancient
doctors, and movit him, with knawledge, to refuse all heads of error
in Papistrie, contrare to the same.
3. He acknowledges the Reformit Kirk of Scotland to be the trew
Kirk. He is ready to joyn himself thereto, and profess himself a
member thereof,--will hear the word,--obey the same, be the grace of
God,--participat the sacraments, and obey the haill discipline of
the Kirk, as it is acknowledged presently be his Majestie and Estates.
4. He solemnly promises and offers his written bond, that, lyke as
sen his promise and entering his conferrence with the Kirk, he never
intercommunit with Jesuit, Priest, or excommunicat persone, except
with such as shall have licence of the Kirk and King’s Majestie;
and, finallie, nane shall have receipt in his hands that are profest
enemies to the Kirk, be his knowledge.
5. He is ready to swear and subscryve the Confession of Faith, in
presence of the haill Commissioners, so soone as they shall come
back from the next Generall Assemblie, with power to pronounce his
absolutione.
6. He is content to satisfie for his apostacie in the place
appoyntit, and there to ratifie the forsaids promises.
7. At the desyre of the saids Commissioners he presently remitts
all rancour and malice, conceivit be him for any occasione or deid
offerit to him be the countreymen in the King’s service, and promitts
upon his fidelitie, never to quarrell any for the same--speciallie
the ministrie, south or north.
8. He agries that such of the ministrie as shall be appoynted, with
such friends as he shall appoynt, sett downe qwhat shall be his part
for planting of the Kirks within his bounds, whilk he promises to
execute, after his absolutione.
9. Be the advyce of the Commissioners, he is content to take a
minister, and intertain him in his owne house.
10. He professes he gave sufficient matter to the Kirk to have
deducit the sentence of excommunication against him.--_Sic
subscribitur_,
ERROLL.
The Earl of Angus’ Answers to the Articles.
1. He being callit before us, was injoynit to remaine at Barrak,
in the parish of Kineff, and there await upon the hearing of the
doctrine in that his paroche Kirk, and upon conferrence at such tymes
and places as was appoynted in Canveth, Aberbuthnot, qwhilks he hes
faithfully keepit and observit until this his resolution was obtenit.
2. After we had reasoned and conferrit with him in many of the
controverted heads of religione be the Scriptures and ancient
doctors, he satisfied us affirmative and negative.
3. He acknowledges the Kirk of Scotland to be the trew Kirk, and is
ready to joyne himself therto, and to profess him ane member thereof,
will hear the word, participat the sacraments, and obey the haill
discipline of the Kirk, as it is allowed be his Majestie and the
Estates.
4. He solemnly promises, be word and written band, to remove furth of
his company and lands, Jesuites and excommunicat persons, lykeas he
has done since the Commissioners intimat this article to him.
5. He desyres the Commissioners to get power to absolve him, and
immediately thereafter, he shall swear and subscryve the Confession
of Faith.
6. He is content to satisfie for his apostacie in his own paroche
kirk, and there to ratifie the forsaids promises.
7. He understands nane of the countrie to have incurrit his wrath or
deadly feud for persewing him in his Majestie’s service, qwhilk he
protests before God, that he never meant to harme any man for giving
obedience to his Majestie’s lawes, qwhilk if he had done, he should
rather have made mends then forgiven, and if any, in particular will
complaine, he will satisfie this article, albeit, in very truth, as
all the countrie knawes, he hes sustenit great loss, qwhilk he hes
the Kirk to meine, in most humble manner to his Majestie, as the
Commissioners will declare at mare lenth.
8. He is content, at the sicht of the Commissioners, and his best
advysit freinds, to provyde stipends for his kirks, how soon he shall
be absolvit and restorit to his living.
9. He will maist willinglie take a minister and intertaine him in his
awn house, be the advyce of the Commissioners.
10. He confest he most justly deservit to be excommunicat.--_Sic
subscribitur_,
ANGUS.
The qwhilk report made be the saids Commissioners, in discharging
of their forsaid commissione, the Generall Assembly, presently
conveint, ratifies and allowes, as agreeable and answerable to the
ordinance of the last Assembly, halden at Perth, in all poynts; and
therefore ordayns the saids Commissioners, respective, to proceed
farther with the saids Earles in the said matter, and to receive ane
full satisfactione of such things as are promised be them, in the
saids conditiones, and to crave the present accomplishment thereof,
so far as possible can be done; They are to say, that as they, in
their answer, hes allowit and subscryvit, so that they presently
shall confesse the verity of the haill grounds of our religione,
affirmative, and with some measure of knawledge, refuse and detest
all heads of Papistrie, contrarie to the same: That they acknowledge
the Reformit Kirk of Scotland to be the trew Kirk;--That they
efaldlie joyne themselves, and acknowledge them, members thereof,
submitting them to the same, and shall be ready at all occasiones to
hear the word, and obey the same, participat the sacraments, and obey
the haill discipline of the Kirk, as is allowed be his Majestie and
Estates.
That before their absolutione, they swear solemnly and subscryve the
Confession of the Faith, in presence of the haill Commissioners;
that, as they have testified by their wreite, even so be their band
they promise to remove out of their company, in all tyme coming,
all Jesuites, Priests, excommunicat Papists, but such as shall be
licentiat be the Kirk; That the tyme of their absolutione, they
satisfie in most humble manner in the kirks of Aberdeen and for their
former apostacie, and there ratifie their former promises in most
solemne manner; That the Earle of Huntlie, before his absolutione,
ask God mercy for the Earle of Moray’s slauchter, and declare his
penitencie for the same; and because their lordships hes promised
upon their fidelitie, never to quarrell any gentlemen of the
countrie, that hes persewit or wtherwayes troublit them, and thereby
incurrit their wrath in his Majestie’s service, and at his Heines’
command, Therefore, to the effect the fruits thereof may evidently
appear, that their lordships promise faithfully, lykeas their sonnes
hes obtained, or at the least are to obtaine of his Majestie, of
free grace and meer donatione, the gift of their forfaultries, even
so, the gentlemen of the countrie that are vassalls to them, and
hes incurrit the lyke sentence of forfaultor, and perrillit their
lands, not through their owne evill demerite, but be reasone they
were vassals unto them, may receave and obtaine of their lordships,
the lyke grace as is imparted unto them be their Sovereigne; and as
his Majestie grantit a benefit unto them, who had offendit, even
so, their lordships’ vassalls be not troublit for any compositione
of their lands, qwhilk, not be their fault, but their lordships’
faillzie, were endangerit and holden in non-entrie, and that their
lordships renew the promise of remitting all rancour and malice
of heart against the said gentlemen: And as to the provision of
kirks qwhilks pertaynes to ilk ane of the saids Earles respective,
that the advyce of their best affectionat friends and the saids
Commissioners sett downe ane solide order, how the ministrie may
be plantit, and honestly susteinit at the same, qwhilk they shall
ratifie and approve, and put in executione immediately after their
absolutione: That be the advyce of the Commissioners, they make
choyse of ane minister qwha shall be intertaint in their house for
instructing of the same: That they renew the confessione of their
sinnes, acknowledging that they were justly excommunicat for the
same. And to the effect all sclander may be removit from the Earle
of Huntly, and speciallie the qwhilk did ryse upon the slauchter of
Mr William Mure, qwhilk was committit dureing his Lordship remaining
in Aberdeen, that his Lordship provide some remeid that the poor
woman, mother to the said Mr William, may be satisfyed, and such
assythment made, alseweell for him as her husband’s slauchter, as
the Commissioners shall think expedient, with power to the saids
Commissioners, after the accomplishment of the premisses, to absolve
the saids Earles from the said sentence of excommunicatione, and
receave them againe in the bosome of the Kirk.
Sess. 7. May 14.
Anent the Articles given in be his Majestie in the last Assembly
halden at Perth, the decision and answering qwhereof was referrit
to the said Assemblie, to be reasonit and intreatit be certaine
Commissioners, and thereafter concludit in this present Assembly, and
anent the declaration of certaine acts made in the said Assemblie
halden at Perth, for satisfaction of such as were not present at that
tyme, nor acquainted therewith: The said Articles and questions being
reasonit and votit in face of the haill Assemblie, his Majestie being
present for the tyme, these declarationes and conclusiones efter
following were sett downe and concludit be the said Assemblie.
Notes in forme of Declaratione of certaine of the Acts made in
the Generall Assemblie halden at Perth in February last bypast,
for explaining of his Majestie’s and the Assemblie’s meaning,
for the satisfaction of such as were not acquainted therewith,
Qwhilk are ordainit to be registrat in the Acts of this present
Assemblie.
First, Anent the lawfullness of the said Assemblie halden at Perth:
It is declareit be this present Assemblie, that ane of the reasons
moving the brethren to acknawledge the lawfullness of the said
Assemblie was found to have been, that the Commissioners of the Kirk
accordit with his Majestie thereanent, as is expressly set downe in
his Majestie’s letter.
_Item_, The reasone moving the Assemblie to grant the mair willinglie
to the two Articles concerning the reproving of his Majestie’s
laws, was this; his Majestie’s earnest and constant affectione to
the religion and obedience to the word was evidently knawne to the
haill Assemblie, and that it was his Majestie’s declaratione, will,
and intentione, allwayes to frame his lawes and whole government
according to the same, for the qwhilk causes the said Assemblie
agreed to the said Article.
Anent the Article ordayning that no man’s name be expressit in
pulpit, except in notorious crymes, &c., the poynt of notorietie is
farther defynit, if the cryme be so manifest and knawne to the world
that _nulla tergiversatione celari possit_.
Anent the Article ordayning that no conventions of pastors be,
without his Majestie’s knawledge and consent: His Majestie’s consent
is declarit to be extendit to all and qwhatsumever forme either of
Generall Assemblie or speciall Synodall, permittit and authorised be
his Heines’ lawes, according as they have warrant in the word of God,
as being the most authentic forme of consent that any king can give.
Anent the Article concernyng provisione of pastores to burroughs: It
is declareit that the reasone thereof was and is, that his Majestie
was content, and promised, that qwhere the Generall Assemblie finds
it necessar to place any persone or persones in any of the saids
townes, his Majestie and the flock shall either give their consent
thereto, or else a sufficient reasone of the refusall, to be proponit
either to the haill Assembly, or to a competent number of the
Commissioners thereof, as his Majestie shall think expedient.
Answers to the rest of his Majestie’s Questiones, according as
they were proponit of his Heines and Commissioners in the
present Assemblie.
First, Anent the propositione movit be his Majestie to the Assemblie,
craving that before the conclusione of any weightie matters, his
Majestie’s advyce and approbatione [be] cravit therto, that the same
being approvit be his Majestic, may have the better executione,
and, if neid beis, be authorized be his Heines’ lawes: The Assemblie
craves most humbly, that his Majestie, either be himselfe or his
Heines’ Commissioners, in matters concernyng his Majestie’s estate,
or the haill estate of his subjects, and uthers of great weight and
importance, that hes not been treatit of before, wold give his advyce
and approbatione therto, before any finall conclusione of the same;
and, for the better obedience to be given to such lyke statutes in
tyme comeing, that his Majestie wold ratifie the same, either be act
of his Heines’ Parliament or Secret Counsell, as shall be thought
needfull: the qwhilk his Majestie promised to doe, according to his
Heines’ propositione, qwhilk was acceptit and allowit of the haill
Assemblie.
The Assembly ordaynes that there be ane uniformitie in the
ordinatione of the ministrie throughout the haill countrey, be
impositione of hands, and that they be admitted to certaine flocks,
upon the qwhilk they shall be astrictit to attend, according to the
Acts of the Assemblies made of before, and ordayns that nane that
are not admittit to the ministrie be promovit to teach in publick
and great rowmes, except upon very urgent necessitie, in defect of
actuall ministers, they be ordained to supply such wants be the
Presbytries, Generall or Provinciall Assemblies, qwho shall take
diligent order that they keep themselves within the bounds of their
gift, and speciallie in applicatione.
That no pastores exercise any jurisdictione, either in making
of constitutiones or leading of proces, without the advyce and
concurrence of Sessions, Presbytrie, Provinciall or Generall
Assemblie.
That all Sessiones be electit with consent of their awne
congregationes: that all Sessiones, Presbytries, and Provincialls,
use such forme in all their proces as may be found lawfull, formall,
and able to abyde tryall, the qwhilks shall be registrat in matters
of importance; and, to that effect, ordaynes the proceedings of
private Sessiones to be sichtit at Presbytries, and the proceedings
of Presbytries at Provinciall Assemblies, and Provinciall Assemblies
at the Generall Assemblies.
The Assemblie ordaynes, that in the exercises, qwhen the ministrie
are convenit at their Presbytries, no applicatione be used.
That in the determinatione of matters of importance, qwhere the votes
shall be only different upon two or three, that nothing be concludit
therein till better resolutione; and that, in such difference, he
that sustaines the negative, with his vote shall give _rationem
negandi_.
The Assemblie ordaynes the Presbytries to medle with nothing in their
judicator qwhilk shall not be found, butt controversie, proper to the
ecclesiasticall judgement, and that herein ane uniformity be keepit
throughout the haill countrie.
That all processes and acts be extractit to parties having interest,
qwher is a written process.
The Assemblie superceids to answer the article touching summar
excommunication qwhill the next Generall Assemblie, and in the
meantyme suspends all summar excommunicatione; allwayes, in great
crymes, the Assemblie ordaynes ane publick intimatione of the same to
be made, and the committer thereof to be suspendit _a sacris_, and
prohibite _privato convictu_.
If any Presbytrie shall be desyrit be his Majestie’s missive to stay
the proceeding of any thing prejudiciall to the civill jurisdictione
or private men’s rights, It is ordaynit that the said Presbytrie
shall desist in the said matter, untill they send to his Majestie for
his satisfaction thereanent.
Sessio 8. May 16.
Because syndrie sclanders aryses through the disorder of Readers be
baptizing of bairnes gotten in adulterie and fornicatione before
satisfactione made be the offendars, and celebrating of unlawfull
marriages; the Assemblie statutes and ordaynes that no Reider
minister the Sacrament of Baptisme in any way, in all tyme coming,
and that they presume not to celebrate the bands of marriage without
speciall command of the minister of the kirk; and in caice there
be no minister thereat, of the Presbytrie, had to that effect; and
ordaynes every Presbytrie to cause this act to be intimat at every
paroche kirk, that nane pretend ignorance heirof in tyme coming.
Sessio 9. May 16.
The qwhilk day, in presence of the haill Assemblie, the King’s
Majestie being personallie present, declareit, that sieing, through
the schortness of tyme, their [are] sundrie matters of weight and
importance, not only concerning particular flocks, but qwhilk did
in speciall touch the haill Estate and bodie of the Kirk, qwhilk
could not commodiouslie be intreated in this present Assemblie--as,
namely, touching both the planting of particular congregationes
and of the haill kirks within this realme, qwhilk is yet, through
default of honest intertainment, remaines unplanted and destitute
of the comfort of the word; and anent ane solid order to be taken
anent a constant and perpetuall provisione for the sustentatione
of the haill ministrie within this realme, to the end they be
not, as in tyme bygone, to depend and wait upon the commissioners
appoyntit for modifying of their stipends, and so be forcit to absent
themselves the maist part of the year from their flock, to the great
disgrace of their calling, disharting of their congregatione, and
discontentment of his Majestie, whois care ever hes been, and earnest
desyre continows as yet, that every congregatione have ane speciall
pastor honestly susteinit, for the better awayting in his cure and
dischargeing of his dewtifull office in the same; and therefore his
Majestie desyrit the brethren to consider qwhither it were expedient
that ane generall commissione sould be grantit to certaine of the
most wyse and discreet of the brethren, to conveine with his Majestie
for effectuating of the premisses: The qwhilk his Majestie’s advyce,
the Assemblie thinks very necessar and expedient; and therefore
hes given and grantit, lykeas be the tenor heirof, they give their
full power and commission to the brethren underwritten, viz. Mrs
Alex^r. Dowglas, James Nicolsone, George Gladstone, Thomas Buchanan,
Robert Pont, Robert Rollock, David Lyndsay, Patrick Galloway, John
Duncanson, Patrick Scharpe, John Porterfield, James Melvill, William
Couper, and John Clappertoune, or any seven of them, to convein
with his Majestie, betwixt the day of thir presents and the last
of May instant, with power to them to take solide order anent the
provisione of the ministrie to the townes of Edinburgh and Dundie and
St Androis, his Majestie’s and the Prince’s houses, to give their
advyce and judgement to his Majestie anent the planting of every
particular kirk within this realme, to make such overture as they
can best devyse touching the constant platt, and generally to give
their advyce to his Majestie in all affaires concernyng the wiell of
the Kirk, and intertainment of peace and obedience to his Majestie
within this realme; with express power and command to the saids
commissioners to propone to his Majestie the petitiones and grieves
of the Kirk in generall, as of every member thereof in particular, as
shall be meint unto them, _promitten de rata_.
Anent the supplicatione given in be Mr John Rutherfurd, makand
mention, that qwhere in the Generall Assemblie halden last at Perth,
he gave in ane supplicatione, qwherein he desyrit the proces of
deprivatione led and deducit against him be the Presbytrie of St
Androis, to be producit before the said Assemblie, to the effect
the samen may be tryit, and the proceidings thairof be examinit be
them, qwhilk was referrit at that tyme to this present Assemblie,
ordayning the Presbytrie of St Androis to produce the said proces
before this present Assemblie, and to answer to the complaynt given
in be the said complainer, desyreing therefore the brethren of the
Presbytrie of St Androis to be callit for productione of the said
proces, to the effect the samen might be seen and considerit be this
present Assemblie, according to the ordinance made at Perth, as said
is: The Generall Assemblie, in respect of schortness of tyme, remitts
the said complainer and his supplicatione to the commissioners
appoyntit to convein with his Majestie at Edinburgh, and ordaynes the
Presbytrie of St Androis to produce the said proces before the saids
commissioners, and the answer to the said complainer’s supplicatione
in all poynts,--with power to the saids commissioners, or any seven
of them, to take full tryall, cognitione, and finally to conclude in
the said matter, _promitten de rata_.
Sess. ultima. May 27.
Anent the supplicatione given in be James Wood, appeirand of
Bonnytoune, makand mention, that according to the direction of
the last Assemblie halden at Perth, he had attended upon the
commissioners appoynted be the said Assemblie, and had agried be
their conferrence in many heids of religion with them, desyrand
therefore, as he is willing to persevere in conferrence with the
saids commissioners to his finall resolutione, that a commissione
may be granted to the brethren appoyntit to deall with the Earles
of Huntlie and Erroll, to continow in conferrence with the said
commissioners; and in caice they find him resolvit, to absolve him
from the sentence of excommunicatione, and receive him againe in the
bosome of the Kirk: as also that the commissioners of Angus appoynted
for the said purpose, may have ane speciall command to intreat with
the said complainer’s father for appeaseing his wrath towards him, in
respect he is content to submitt himself most willingly to his said
father, or to the Kirk, for satisfaction of any eyelistis that he or
they hes found in him in times bypast: The Assemblie gives full power
and commission to the brethren for receaving the Earles of Huntlie
and Erroll, to enter in a farther conferrence and tryall with James
Wood, appearand of Bonytoune; and in caice of full satisfactione to
be made be him to the saids commissioners in such heads and articles
qwherin he hes not as yet satisfyit, the Assemblie gives unto them,
power to lowse him from the sentence of excommunicatione, and receave
him again in the bosome of the Kirk. Attoure, the Assemblie ordaynes
Mrs George Gladstanes, Androw Myllne, Andrew Leitche, John Ramsay,
and Androw Lambe, to deall with the Laird of Bonytoune, and travell
in the reconciliatione desyrit and satisfactione offerit be the said
complainer his sonne.
Anent the supplicatione given in be Mr William Morray, minister at
Dysart, makand mention, that qwher he hes livit upon the dewtie of
the tack of the personage thir diverse years bygane, being only
three hundreth merks, and sustaineth great charges thereupon; and
now sieing the saids tacks are outrun, and as he is informit divers
supplicationes are given be the gentlemen of the said parochine,
craving the said complainer to be astricted to sett them tacks of
their awne teynds respective, desyrand therefore not to astrict the
said complainer to any particular persones, but to give him power
to sett tacks to such as shall do most commodiously for the weell
of the Kirk: The Assemblie gives power to the said complainer to
sett in tack the teinds of the personage of Dysart, except of the
lands pertayning to the Lairds of Glenegyes and Wauchtoune, qwhilk
are reservit be ane wther act of this present Assemblie, with advyce
and consent of the Presbytrie of Kirkaldie and the brethren after
following, viz. Mrs Thomas Buchanan, William Cranstoune, James
Melvill, Robert Wilkie, David Fargusone, and John Fairfoull, unto the
qwhilk the Assemblie remitts the supplicationes of such as craves
tacks of the teinds of the said personage.
Anent the Earle of Crawfurd’s request, desyrand licence to a persone
of Inneraritie to sett a tack of the teinds thereof, in caice it
be found be the civill Judge that he hes best right thereto: The
Generall Assemblie gives power to the Commissioners appoyntit in
Edinburgh to conveine with his Majestie, to give power to the persone
that shall be presentit to sett tacks of the teinds contravertit to
either my Lord Crawford or the Laird of Powrie Fotheringhame, that
shall be found be the civill magistrate to have best right to the
same.
Thanks being given to God, the brethren ordaynes the next Assemblie
to be halden at Striviling the first Twysday of May, in the year of
God 1598.
[SIXTY-THIRD GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, halden at Dundie
the 7th of Marche 1598--In the qwhilk were convenit the King’s
Majestie and Commissioners from all Schyres and Townes of the
Countrey.
Sessio 1^{ma}. March 7. Post Meridiem.
Exhortatione being made be Mr Robert Rollock, Moderator at the last
Assembly, there was appointed upon the leets, Mrs Patrick Simpsone,
David Fargusone, Peter Blackburne, James Robertsone, and Alex^r.
Wilkie; and, be pluralitie of votes, Mr Peter was electit Moderator
_hac vice_.
Sessio 2^a. Martii 8. Ante Meridiem.
Anent the Commissione given to certaine brethren of the North,
for absolving of the Earles of Huntlie, Angus, and Erroll, from
the sentence of excommunicatione, the Assemblie ordaynes Mr Peter
Blackburne, in name of the rest, to give in in write, the haill forme
of their absolutione, satisfaction, and the Articles injoynit to them
in the last Assembly, to the effect the same may be registrat in the
Books of the Assemblie.
Sessio 3^a. 8 Martii. Post Meridiem.
Because there is no compt tane of the Acts of every provinciall
Assembly; therefore it is statute and ordaynit, that, in all tyme
comeing, every provinciall Assembly within this realme send the acts
of their Synod made sin the Generall Assemblie immediately preceding
with their Commissioners, direct be them to the nixt Generall
Assemblie, to the effect the brethren of the Generall Assemblie may
take tryall and cognitione, that the proceedings of every particular
Synod be done _decenter et ordine_, and to allow or disallow of
them as they shall think meet, and this order to begine at the nixt
Generall Assemblie. _Item_, Because it was meint be some of the
brethren, and found fault with, that such as uses to be appoynted
Commissioners from the Synodalls to the Generall Assemblie, butt
any reasonable causes, refuse to obey and accept their commission,
qwherthrough it falls out oftentymes that at the Generall Assemblies
there inlaks Commissioners from Synods: Heirfore it is statute and
ordaynit, that every Synod shall chuse out them that shall be thought
most meit to come as Commissioners to the Generall Assemblie, qwho
shall remaine untill the last day of the Assemblie inclusive; and to
the effect they may pretend no reasonable excuse in the contrair,
and speciallie of povertie, therefore it is statute, that in caice
the Commissioners that are chosen may not commodiously awayt upon
the Assemblie upon their awne expenses, then and in that caice, the
rest of the qwhilk number he is chosen shall contribute unto his
expenses, according to the abilitie of their livings, under the paine
of tynsell of the tenth pairt of their stipend; qwhilks Commissioners
being so furnished be a common contributione as said is, shall repare
to the Generall Assemblie, and remaine unto the finall end thereof,
under the paine of tynsell of the tenth pairt of his own stipend; and
in caice either the Commissioner or the Brethren of his Synodall,
through not obeying every ane, their proces of the premisses
respective, incurring the danger of the penalties above rehearsit,
and yet refuse to make payment of the saids penalties, viz. of the
tent pairt of their stipends, then and in that caice, they shall
be suspendit from their calling and functione, ay and qwhile they
satisfie the samen.
Anent the summons raisit at the instance of the Synodall of Fife
against Andrew Arnot, minister of Scotlandwell, cravand the said
Andrew, conforme to his promise, to make provisione for the kirk of
Auchtermoonsie, one of the kirkes of the said ministrie: The said
Andrew Arnot being callit, compearit and declareit, that he promised
to make sufficient provisione to the said kirke, provyding alwayes he
were releivit of the payment of his third, qwhilk he pays presently
to Mr Robert Inchaw, qwhilk promise he presently ratified, and bound
himself to make provisione for the said kirke immediately after the
dissolving of the Assembly, he being releivit of the payment of his
third as said is.
Sessio 4^a. Martii 9.
The Commissioners appoyntit in the last Generall Assemblie for
planting of the Townes of Edinburgh, Dundie, and Saint Androis,
and such uther affaires, as at maire lenth is conteind in the said
commissione, and callit to giue ane accompt of such things as had
beene done be them be vertew of their commission forsaid, Mr James
Nicolsone, in name of the rest, producit a Book, containing ane
haill registre of their haill proces and proceedings since the
acceptatione of their commission, qwhilk was publickly read in
presence and audience of the haill Assemblie; and because there was
some of the brethren that thought themselves grievit at certaine
of thir proceedings, Therefore it was thought expedient that the
brethren after following, sould cognosce upon the saids grieves and
commissioners’ answers thereto, qwhilk both sould be given in write
before them, and thereafter report to the haill Assemblie, what
they fand therein; They are to say, Mrs George Monro, James Dundas,
Robert Howie, Duncan Davidsone, William Dowglass, Androw Milne,
Androw Lambe, James Robertsone, William Rynde, Archibald Moncreiffe,
Alexander Lyndsay, David Fargusone, Robert Wilkie, William
Cranstoune, David Spence, John Knox, Gavin Hamilton, John Hall, John
Spotswood, Patrick Simpsone, Robert Darioch, Harie Lewingstone, David
Barclay, Hew Fullartone, and John Welsh.
Grieves to be proponit to his Majestie.
1. To craue of his Majestie ane reliefe of this present taxatione
to such of the ministrie as possesses small benefices within three
hundreth marks, seeing they are not able to be sustenit upon the same.
2. To craue, in generall for the haill ministrie, that they be not
troublit with the taxationes in no tyme coming, but that the officers
that ingathers the same, charge the taxmen immediatelie qwho are
bound to relieve the ministrie of their taxatione, because so long
as the Commissioners charges their taksmen, not only it averts them
from their calling, but also breeds a grudge betwixt them and their
parochiners.
3. To craue a redress of the buriall, that ane act of Parliament may
be made, discharging burialls in the kirks.
4. To craue ane redress anent adulterous marriages qwher two
persones, both divorcit for adulterie committit either with uther,
craues the benefite of the Kirk to be joynit in marriage.
5. To craue his Majestie, what order shall be tane anent the
relaxatione of such murtherers from excommunicatione as are already
relaxit from the horne, and yet hes not satisfyit the partie, qwhilk
is a token of no penitence.
6. To advyse with his Majestie of the carying of profest witches from
towne to towne, to try witchcraft in wthers, be lawfull and ordinar
tryall of witchcraft or not.
7. Anent laik patronages, to lament unto his Majestie the great abuse
qwhilk the late act of Parliament hes brocht in, giving licence to
the patrone to possesse the fruites of the benefice, in caice he
present ane qwalified man, and the same be not admitted be the Kirk,
under cullour qwherof they use to present ane qualified man to the
presbytrie, and hes him sworne to sett back ane tack of the fruits of
the benefices to the patrone, qwheron, albeit the persone presentit
be qualified, yet the Kirk cannot admitt him, in respect to the
impedimen forsaid, qwherthrough both the patrone uplifts the fruits
of the benefice, and the Kirk lys destitute; therefore to crave
redress.
Sess. 5. Martii 9, [Post Meridiem.]
Anent the grieves given in to his Majestie before noon, his Majestie
being present gave his answer as follows:--
To the first and second, his Majestie desyred the Commissioners to
be deput from this Assemblie, to give in ane supplication to the
Councill, anent the same, qwhereunto his Majestie should hold hand,
and in the meantyme promised to cause stay all farther executione
against such of the ministrie as were at the Assembly presently,
qwhill the 15th of Apryle nixt to come.
Anent burialls; his Majestie thought good that ane supplicatione
should be given in to the next Parliament, craving that for the
avoyding of burialls in Kirks, every nobleman sould bigg ane
sepulture for himselfe and his familie.
Anent adulterous marriages; his Majestie thought good that ane
supplicatione should be given in to the next Parliament, craving such
marriages to be declairit null in all tyme coming, and the bairnes
gotten therein, bastards.
Anent murtherers; his Majestie declared, when any murtherer is
relaxit from the horne, upon cautione to underly the law, that he is
not, therefore, simpliciter relaxit, but to ane day to byde tryall of
his fault, and therefore thinks that the Kirk may continow in their
censures against such ane persone, and deny him any benefite of the
Kirk, untill they see evident tokens of repentance in him, the partie
satisfyed, and thereupon ane remission attayned.
Anent tryall of witchcraft, his Majestie declarit, that, be ane
act of the last Parliament, it is remittit to certaine of his
Heines’ Councill, certaine ministers and advocats, to conclude upon
all solide order anent tryall of witches, and to advyse whether
the forsaid carrying of witches is permissive or not: touching
the qwhilk, the Assemblie ordaynit Mrs Patrick Galloway and John
Duncansone to hold his Majestie in remembrance.
Anent the abuse in laick patronages, his Majestie thocht good
lykewayes that ane supplicatione sould be given in to the next
Parliament for redress thereof.
Because it was reportit in the Assemblie, that albeit sundry persones
wer convict of witchcraft, nevertheless, the civill magistrate
refusit not only to punische them, conforme to the lawes of the
country, but also, in contempt of the same, setts the persones at
liberty, qwhilks were convict of witchcraft;--therefore the Assemblie
ordaynes that, in all tyme coming, the presbytrie proceed in all
severitie with their censures against such magistrats as shall sett
at liberty any persone or persones convict of witchcraft hereafter.
_Item_, Because diverse persones, with ane preposterous haist,
proceed to the bond of matrimonie, without any lawfull proclamation
of their bands, qwherthrough the ordinances of the Kirk are highly
contemnit; Therefore it is statute and ordaynit, that no persones
be coupled together in marriage, without they be thryce lawfully
proclaimed at their awne paroche kirk, according to the consuetude
observit within the realme; and in caice of contraveining the same,
that the minister be depryvit of his office, and the parties ordayned
to satisfie the Kirk, be publick repentance.
Anent burialls: It is ordaynit that no picturs or images be carried
about in burialls, under the paine of the censures of the Kirk.
_Item_, Because it was regraitit, that certain of the ministrie
being beneficit persones, hes sett tacks and assedationes of the
fruits of their benefice, and thereafter hes obtaynit licence of
transportatione from their kirks, so that the same, be reasone of
the tacks sett be them, remaines continuallie unplantit, for laick
of provisione; Therefore, it is statute and ordaynit that, in tyme
coming, no minister get licence of transportatione from his kirk,
before it be tryit that he hes not hurt the benefice from the qwhilk
he craves to be transportit, be setting tacks of the fruits of the
same; and if the tacks that were sett before his entrie to the said
benefice, expyrit in his tyme, that he hes renewed no old tack, butt
consent of the Generall Assemblie.
_Item_, Because for laick of moyen, sundrie of the ministrie hes not
as yet obtainit designatioune of their manses and gleibs, Therefore
it is ordaynit that every minister, qwhilk is not yet possessit with
his manse and gleib, obtaine possession of the same, betwixt and
the next Assemblie; and in caice the persones in qwhois favours the
designatioune is grantit, be not able, through povertie, to await
upon the law for obtaining possessione of the same, that the rest of
the brethren of his Presbytry concurr and help him with expenses for
obtayning of the same.
Sess. 6^a. Martii 10. Ante Meridiem.
Anent the proceeding of the Commissioners appoyntit in the last
Generall Assemblie, qwhilk they did anent the examinatione of the
depositione of Mr John Rutherford, and the planting of the ministrie
of St Androis: the Assemblie ratifies, approves, and allows their
proceedings therein. And farder, for reasonable causes moving them,
ordaynes Mr Robert Wallace to be relaxit from the suspensione from
his ministry, pronuncit in their decreit against him, be satisfyand
my Lord of Memuor, be the advyce of Mrs David Lyndsay, Robert Bruce,
and Robert Rollock, to the effect he may be placit to serve in such
partes qwher the Kirk shall think his travells to be best imployit.
And as concernyng Mr John Rutherfurd’s proces, and the rest of the
thinges done in St Androis be the saids Commissioners, Mrs David
Black, John Carmichaell, Robert Durie, Alexander Forsyth, and the
rest of the brethren of the Presbytrie of St Androis that were there
present, after reasonyng of such things qwherof they had not been of
before resolvit, declareit themselves satisfyit therein.
Because it was reportit be the Commission of the Generall Assemblie,
that the constant platt for planting every particular kirk, be the
tacksmen who hes the haill teinds in their hands, and refuseth to
condescend to any substantiall order anent the planting of the
ministrie, without some securitie were made unto them anent the
remanent of their teinds; Therefore, the Assemblie thocht good to
consider qwhat be the conditiones cravit be their tacksmen, in caice
of augmentatione of the dewtie of their tacks for sustentatione
of the ministrie: To the qwhilk it was answerit be the Visitors
of Morray and Aberdeene, that the taxmen desyrit ane perpetuitie
of their tacks, be renewing thereof at their outruning, butt
gressume. The lyke offerit Angus, Clydsdale; Gallaway, Fyfe, and
Lawthiane, wald make no offer; upon consideratione qwhereof, the
brethren desyrit his Majestie that ane law might be made anent the
augmentation of the dewties of the tacks for sustentatione of the
ministrie, To the qwhilk his Majestie offerit willingly to deall with
the tacksmen in such sorte that they should be forced to augment the
dewtie of their tacks to ane reasonable and competent living for ane
minister at every kirke, upon condition they had some reasonable ease
of their teinds; and for effectuating thereof, the Assemblie ordaynes
every minister to give in ane particular overture in wryte to the
Commissioners quwhilk shall be appoyntit be the Generall Assemblie,
quhat is the just valour of the teinds of his paroche, to quham they
are sett, for quhat dewtie, to quham the deutie is payit, and quhat
better every ane can give for planting of his awne kirk, to the
effect his Majestie, with advyce of the saids Commissioners, may take
ane solide order anent the sufficient planting of every particular
kirk betwixt and the nixt Generall Assemblie.
Sess. 7. Martii 10.
The brethren appoynted to try the proceedings of the Commissioners
of the last Assemblie, and the grieves given in against the same,
with the Commissioners’ answers thereto, declairit that they had
considerit the haill grieves given in be the Synodall of Lawthiane,
and the Commissioners’ answers made to the same, and that they
thought it expedient, so that it were the will of the Assemblie,
that the saids grieves and answers sould be buried;--nottheless, the
Assemblie, for the satisfaction of the haill breither, thocht good,
that the saids grieves and answers sould be read in audience of the
haill Assemblie; qwhilk being done, after voteing, it was concluded
that the proces and proceedings of the saids Commissioners sould
be ratified in that part, and the grieves and answers buried and
obliterat, for continuance of peace in the Kirk.
Sess. 8. 11 Martii.
The brethren, after revyseing of the haill proceedings of the
Commissioners of the last Assemblie, ratifies, allowes, and approves
the same, and ordaynes the haill grieves given in and answers
made thereto, to be buried and put out of memorie. For better
executione of their proceedings, the Generall Assemblie ordaynes Mr
Robert Rollock, David Lyndsay, Robert Pont, Patrick Galloway, John
Duncansone, James Nicolsone, Thomas Buchanan, George Gladstones, or
any fyve of them, to conveine with his Majestie, to put the decreit
of the saids Commissioners, anent the planting of Edinburgh, to
farther executione, and place the ministers of Edinburgh at their
particular flockes; ordayning likewise the ministers of Edinburgh
to obey the said decreit, be accepting every ane of them their
particular flocks, under the paine of deprivatione of them from their
ministry, and in caice of disobedience in their parts, that the saids
Commissioners depryve them from their functione of the ministry; and
thereafter, ordaynes the saids Commissioners to plant the kirke of
Edinburgh with such of the wysest and most discreet of the brethrene
as they shall think most meit, to the glory of God and edificatione
of the particular flocks within the toune of Edinburgh; and in the
meintyme, qwhile the said Commissioners convene for performing of
the premisses, the brethren ordayns the ministers of Edinburgh to
continue in the preaching of the word and ministratione of the
sacraments.
Sessio 10. Martii 13.
Because syndrie of the brethren desyrit to be satisfyit of his
Majestie’s minde be his awne mouth, towards certaine of the
ministrie, in speciall towards the ministrie of Edinburgh, anent
qwhatsoever accidents that hes fallen out thir two yeares bygane; his
Majestie, for making his mynde mair clearly to be understood be the
haill brethren, declairit himselfe to be content and satisfyed with
the ministrie of Edinburgh, and that his Hienes did bear no grudge
nor evill will to any of them for any accidents qwhilk hes fallen
out in any tyme bygane, and that the same sould never be rememberit
be his Majestie in any tyme coming, but that his Hienes and they,
{blank space}: to the qwhilk the ministers of Edinburgh willingly
consentit, sould never call any of these accidents fallin out in any
tyme comeing to remembrance, neither make mention of the same in
private speeches or publicke sermones, in any tyme hereafter.
The qwhilk day, in presence of the haill Assemblie, the King’s
Majestie having declarit his advyce anent the necessitie of
Commissioners, to be appoyntit be the Generall Assemblie, to awayte
and concurr with his Majestie for bringing to ane finall end, the
langsome warke of the constant platt for planting of ministers at
the burghes within this realme, in caice any of their places shall
happen to vaick before the next Generall Assemblie, for awayting
upon the Parliament, if any shall be, and craving the redress of
such things qwherwith the ministers finds themselves grievit, and
finally, for redressing of such enormities, and awayting upon such
good occasiones as may fall out before the next Generall Assemblie;
desyring, therefore, that the brethren wald consider the necessitie
forsaid, and according to their discretione, qwhither if it were
expedient that ane Commission sould be grantit to certaine of the
maist wyse and discreit of the brethren for the causes forsaids: the
qwhilk his Majestie’s advice the Assemblie thinks very necessar and
expedient, and therefore hes given and grantit, lykeas, by the tenor
heirof, gives and grants, their full power and commission to Messrs
Peter Blackburne, James Nicolsone, Andrew Milne, Alex. Douglass, John
Ramsay, Thomas Buchanane, David Fargusone, William Cranstoune, George
Gladstones, Alex^r. Lyndsay, Harie Livingstone, Robert Pont, David
Lyndsay, Robert Rollock, John Hall, John Clappertoune, John Knox,
Gavine Hamiltone, Andrew Knox, and his Majestie’s and the Prince’s
ministers, or any nyne of them, to conveine with his Majestie, at
such tyme and place as shall be found expedient; with power to them,
or any nyne of them, to concurr with his Majestie, anent the setting
downe and concluding of the solid grounds and fundaments of the
constant platt, and qwhat securitie shall be made to the tacksmen for
the remanent of their teinds; qwhilks grounds being sett downe be
them, they shall make every Presbytrie within this realme privie to
the same; and in caice the saids Presbytries, be their Commissioners
or be themselves, after visitatione of the saids grounds and
conclusiones, ratifie and approve the same, with power to the saids
Commissioners, or any nyne of them, to conveine thereafter with his
Majestie and the said Lords of his Privie Councill, having the power
of the Parliament to that effect, and there to put ane finall end
and conclusion to the constant platt, and solide planting of every
particular Kirke within this realme; with power, also, to the saids
Commissioners, or any nyne of them, to awayt upon the Parliament, if
any shall be before the nixt Assemblie, and give in the grieves of
the samyn, desyrand them to be redrest, and to give their advyce to
his Majestie for avoyding or eschewing any danger or inconvenient
qwhilk may be lyklie to fall out in prejudice of the Kirke; and
lykewise, in caice his Majestie find him grievit, or crave redresse
of any enormitie done to his Hienes be any of the ministrie, with
power to them, or any nyne of them, to sit and cognosce upon the
same, qwherein for better informatione of the cryme or fact qwhilk
shall happen to be committit, they shall crave the advyce of the
most discreit of the Presbytrie qwhere the persone offender dwells,
as they shall think expedient, and thereafter proceed in taking
tryall of the fact be themselves, and conclude therein as shall be
most expedient to the glory of God, and the peace and quyetness of
his Kirke within this realme: And, finallie, with expresse power
and command to the saids Commissioners, to propone to his Majestie
at their conventiones, the petitiones and grieves, alswell of this
Assemblie in generall, as of every member thereof in particular, as
shall be meint unto them, _promitten de rata_, &c.
Anent the forsaid Commission grantit for redress of such things as
shall happen his Majestie to be offendit with in the persone of any
of the ministrie: his Majestie declairit in presence of the haill
Assemblie, that albeit the haill power of cognoscing upon such
matters be devolvit in the persones of the Commissioners qwho should
concurr with his Heines to that effect, nevertheless, his Majestie’s
mynde is, no wayes to trouble the Commissioners with any such
matters, unless first it be notoriously knawne, that the presbytrie,
quhere the offender maks residence, both has gotten knowledge of the
fact, and either has altogether neglectit the tryall thereof, or
else not satisfy his Majestie with the punischment imponit to the
offenders be them.
Sess. 11. 13 Martii.
Forsuameikle as the Commissioners of the Generall Assemblie, at the
Parliament halden in December last bypast, upon ane earnest zeall
quhilk they did alwayes bear to the will of the Kirk, had given
in certaine article to the Lords of Parliament, concernying the
liberty of the Kirk, and in speciall had cravit that the ministrie,
as representing the trew Kirk of God within this realme, and so
being the third estate of the realme, might have vote in Parliament
according to the loveable acts and constitutions of before made in
Parliament, in favours of the freedome and libertie of the Holy
Kirk, qwhilks their travells and indeavours, proceeding alwayes
upon ane godly intentione, they submittit to the censures of this
present Assemblie, desyring the brethren to allow or disallow the
same, as they should think most expedient, for the glory of God and
establisching of the trew religione within this realme: Qwherupon the
brethren being ryply advysit, allowit the honest and godly intentione
of the Commissioners in craving vote in Parliament for the ministrey,
as conforme and agrieing with sundrie uther Acts of the Assemblies
proceeding, in the qwhilks it hes been found expedient that the Kirk
sould sute vote in Parliament.
Forsuameikle as his Majestie is willing to utter his good intention
that he hes alwayes borne to the establisching of the trew Kirk of
God within this realme, declareit, that for the better performance
thereof, his Hienes had assistit the Commissioners of the last
Assemblie in craving vote in Parliament in name of the Kirk, qwhilk
their sute, albeit in some part, and as it were, in a certain manner,
granted be the Lords of Parliament, yet the acceptatione therof,
the forme and haill circumstances of the persones were reservit to
this Generall Assemblie, to be acceptit or refuisit as the Kirk
should think expedient: And seeing his Majestie had anticipat the
appoynted tyme of the Assemblie, and desyrit the brethren to conveine
at this present tyme, especially for the causes forsaid; therefore
his Majestie desyrit that the brether wold enter in a particular
consideratione of the haill poynts of the said act in every
particular poynt thereof, and first to reason in publick audience of
the haill Assemblie, qwhither it was lawful and expedient, that the
ministrie, as representing undoubtedly the Kirk within this realme,
should have vote in Parliament or not?
The said question being at lenth reasoned and debaitit _in utramque
partem_, in presence of the haill brethrene, and therafter votit, The
Generall Assemblie votes, finds, and concludes, that it is necessar
and expedient for the well of the Kirk, that the Ministry, as third
Estate of this realme, in name of the Kirk, have vote in Parliament.
Sess. 12. Martii 14.
Concerning the number of the ministry that should have vote in
Parliament in name of the Kirk, it was lykewise concludit and thought
expedient, that alse many of them sould be chosen for the vote in
Parliament as was wont of old, in the tyme of the Papisticall Kirk,
to be Bischops, Abbots, and Priors, that had the lyke libertie, viz.
to the number of fyftie and ane, or thereby.
_Item_, After reasoning, it was votit and concludit that the
election of such of the ministrie as should have vote in Parliament
aucht to be of ane mixt qualitie, and appertayne pairtly to his
Majestie, and pairtly to the Kirk; and because, throw shortness of
tyme, the brethren could not be perfectly resolvit in the remanent
heads and circumstances concernyng the office of him that should
have vote in Parliament, viz. _de modo eligendi_, of his rent, of
the continuance of his office, qwhither he should be chosen _ad
pœnam_ or not, of his name, of the cautiones for the preservation
of him from corruptione, and such uther circumstances; Therefore,
the Assemblie ordaynes every Presbytrie to be ryply and throwghly
advysit with the particular heads above written, and thereafter to
convocat their Synodall Assemblies through the haill countrey upon
ane day, qwhilk shall be the first Tuesday of Junii nixt to come, and
there, after new reasoning and advysement with the particular heads
above written, that every Synodall choose out three of the wysest of
their number, qwho shall be ready upon his Majestie’s advertisement,
qwhilk shall be upon ane moneth’s warning at the leist, to convein
with his Majestie, together with Doctors of the Universities, viz.
Mrs Andrew Melvill, John Johnstone, Robert Rollock, Patrick Chaip,
Robert Harvie, Robert Wilkie, and James Martine, such day and place
as his Majestie shall think expedient; with power to them to treat
and reasone and conferre upon the saids heads and uthers appertayning
therto, and in caice of agreement and uniformitie of opinions, to
vote and conclude the haill questione concernyng vote in Parliament;
utherwayes, in caice of discrepance and variance, to referr the
conclusione thereof to the nixt Generall Assemblie.
For better observing of the Presbytries, It is statute and ordaynit,
that every Presbytrie shall assemble themselves ance orderly, ilk
week in their full number, at the leist so many of them as hes
their residence within aucht myles to the place of the ordinarie
conventione of the Presbytrie: That every member of the Presbytrie
study the text qwherupon the exercise is to be made: That ane common
head of religion be intreatit every moneth in ilk Presbytrie, both
by way of discourse and disputatione: That every pastor have ane
weekly exercise of instructione and examinatione of ane pairt of his
congregatione in the Catechisme; Qwhilk haill heads are ordained to
be observed under the paine of incurring the censures of the Kirk.
Sess. ultima. 14 Martii, Post Meridiem.
The brethren having read and considerit the paines and travells taken
be Mr Patrick Scharp, Principall of the Colledge of Glasgow, and his
Lessones upon the Catechisme and grounds of religione, allowes of the
same, and thinks them very necessar and profitable; and therefore
ordaynes them to be printed.
Anent the protestation given in be Mr John Davidsone, for himself and
in name of certaine uther brethren as he alleadgit, protesting that
this Assemblie was not ane frie Assemblie, qwhilk his protestatione
he desyrit to be insert in the Books of the Assemblie:
It being inquyrit if any man wald adhere to the said protestatione,
there was nane found that wald adhere to the samen, nor was of
the said Mr John’s opinion thereanent; and therefore the brethren
dischargit the Clerk to insert the same in the Books of the Assemblie.
Because the questione anent summar excommunicatione, for lake of
tyme, cannot be commodiously intreatit at this present, therefore
the brethren continows the same to nixt Assemblie: in the meintyme
suspends all summar executione.
Because there hes no order [been] sett downe hitherto anent the
number of Commissioners to be direct from every Presbytrie to the
Generall Assemblie, Therefore it is statute and ordaynit that in all
tyme coming, three of the wysest and gravest of the brethren shall be
direct from every Presbytrie at the maist, as Commissioners to every
Assemblie, and that nane presume to come butt commission, except they
have ane speciall complaint, and that the Clark of the Assemblie take
heed to receave no mair in commission but three alanarlie, as said
is; and lykewayes that ane be direct from every Presbytrie in name of
Barrones, and ane out of every Burgh except Edinburgh, qwhilk shall
have power to direct two Commissioners to the Generall Assemblie.
Anent the supplicatione given in be the Towne of Dundie, craving
ane uther minister to be appoyntit unto them in place of William
Chrystisone, who through age is not able to discharge his calling:
The brethren thought their desyre reasonable; and having appoyntit
on the leets Mr John Hall, minister at Leith, and Mr Robert Howie,
Principall of the New Colledge of Aberdeen, be pluralitie of votes,
Mr Robert Howie was chosen to be minister of Dundie, and ordainit to
be transportit with all possible diligence.
Because it was reportit that the ministrey of Orknay had dilapidat
their benefices be selling of tacks of the rent of the same, to the
great hurt and prejudice of the kirks, Therefore it is statute and
ordaynit, that nane of the ministrie of Orknay or Zetland sett any
tacks of any pairt of the fruits of their benefices, nor yet give
their consent to the tacks that shall be sett be wthers, in ony tyme
coming, under the paine of deprivatione.
Because it was reportit be certaine of the brethrene that
notwithstanding of the acts of the Assemblies proceeding against
saillors, and traffiquers with Spaine, the said traffique was not
indmittit, Therefore the Assembly ordaines the acts made anent the
said traffiquers to be put in farther executione in all poynts, butt
any respect of persons.
The Assemblie hes ordained the Presbytries of Dundee and Arbroth
to summond before them the Countess of Huntlie, Sutherland, and
Caithness, to subscryve the Confessione of Faith, under the paine of
excommunicatione, qwhilks summonds shall be execute be Mrs William
Paipe, qwho shall summond the Ladie Caithness--Alexander Douglass,
the Ladie Huntly--and George Munro, the Ladie Sutherland.
The brethren ordaynes the next Generall Assemblie to be halden at
Aberdeen, the first Twesday of July 1599.
[SIXTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, halden at
Montrose, the 18th of March 1600, where the King’s Majestie
being personally present, were conveint the Commissioners of
Schyres.
Sessio 1^{ma}. March 18, 1600, ante merid.
Exhortatione being made be Mr Peter Blackburne, Moderator of the last
Assemblie, Mrs Robert Bruce, Patrick Galloway, Robert Wilkie, Peter
Scharpe, James Melvill, and Patrick Simpsone, were appoyntit on the
leets: Be pluralitie of votes Mr Robert Wilkie was electit Moderator
_hac vice_.
Sessio 2^a. March 18, post merid.
The Commissioners appoyntit in the last Generall Assemblie for
visitatione of the kirks within every presbytrie, as are particularly
divided in the said commission, being requyrit what diligence they
had done in discharge of the said Commission; It was answerit for the
maist pairt of them, that they were not able to discharge any pairt
of the said Commission, in respect they wantit moyen for to make
their expences dureing the tyme of the visitatione, and therefore the
Assembly thocht good that it should be meint to his Majestie that
through inlake of expences the wark of visitatione was lyke to cease,
and to crave some remeid thereto.
Forswameikle as it was regraitit that the act made in the last
Assemblie, anent the ordinare keeping of Presbytries, and the
resorting thereto, was not regarded be sundrie of the ministrie, and
speciallie be them of the presbytries of Irvine and Aire, Therefore
the Generall Assemblie ordaynes the said act to be put in executione,
in all poynts, throughout all presbytries within this realme; and
whosoever contemns and violats the same, after twyse admonition, that
he shall be suspendit from his ministrie--ordayning the visitors
that shall be appoyntit frae this Assemblie to report to the nixt
Assemblie what diligence they find done, touching the keeping of the
same.
Sess. 3^a. Martii 19.
Anent the supplicatione given in be the Synodall of Galloway, making
mention that qwher they had ane act for erecting and bigging of ane
kirk at the burgh of Stranrawer, within the Presbytrie of Wigtoune,
and annexatione thereto of the 20 pound land of the parochine of
Inche, lyand toward the cost of Irleand, pertayning to the Lairds of
Garthland, Stranrawer, Kinlult and Sorby, with the 29 mark land of
the parochine of Salsett, the five mark land of Auchteraire, and five
merk land of Stranrawer, as being most commodious for the inhabitants
of the saids lands to resorte to the said kirk for hearing of the
word; unto the qwhilk erection and annexation foresaids, the heretors
and kyndlie tennents of the foresaids lands hes already given their
consent, desyrand, therefore, that the Generall Assemblie will
ratifie and approve the same, as at mair lenth is containit in the
said supplicatione: The Generall Assemblie ratifies and approves the
erecting and annexatione foresaid, made be the Synodall of Galloway
in all poynts.
Because the generall questione was proponit to the haill Assemblie,
qwhere congregationes are so spacious, that a great pairt thereof
may not commodiously resort to their awne paroche kirk, be reasone
of the great distance of habitation therefrae,--If it be lawfull
to ane number of the said congregatione to big ane new kirk, and
intertaine ane pastor at the same tyme upon their awn expenses? The
Generall Assemblie, after long reasonyng, thinks it both lawfull and
expedient, and declares they will assist the same as ane godly work,
and will crave the samen to be ratified in Parliament, how so oft it
shall occurre.
Because it was reportit that a great number of gentlemen and wthers
of this realme willfully and obstinatly abstaines from the holy
communion, some under cullour of deedly feud, and some for wthers
light causes: Therefore, for remeid of the said abuse, it is statute
and ordaynit, that all presbytries within this realme give expresse
charge and command to every particular minister within their
bounds, charging them to take up the names of all them within their
parochine, qwho hes not communicat ilk year ance at the leist, and
thereafter summond them to compeir before the presbytrie, to hear and
sie themselves decernit to communicat within three moneths next after
the charge; certifying them and they failzie, the act of convention
made against non-communicants shall be put to executione against
them; qwhilk being done, and the saids persones, non-communicants,
remaining obstinat, and the saids three moneths expyrit, that the
presbytries delaite the names of the non-communicants to the King’s
Majestie, to the intent the forsaid act of conventione made against
non-communicants may be put to executione against them; and in the
parochines qwhere there is no minister, that this order be supplied
be the presbytry within the qwhilk the said paroche lyes.
Forsuameikle as it was lamentit in the King’s Majestie’s presence,
that qwhereas syndrie of the ministry were occupied in their
laudable calling in pursuing of malefactors, such as adulterers,
murtherers, and uthers sclanderous persons, urging them to purge the
sclanders committit be them, conforme to the statuts of the Kirk,
dayly observit within this realme, that at such tymes they were
drawn from their callings and charge, to compeir before the Secret
Councill, be letters privilie obtenit upon false narratives be the
saids sclanderous persons, qwherby not only were they distractit
from their lawfull functiones, but also the discipline of the Kirk
and punischment of the vyce, greatly neglectit and continuit;
therefore the brethren of the Assemblie requests his Majestie not
to suffer such contempt of the discipline of the Kirk qwher be the
brydle wald be lowsit to all impietie and licentious living: To the
qwhilk his Majestie promisit that, in tyme coming, no letters sould
be direct from the Secret Councill, at the instance of any persone
againes any minister in particular, or any presbytrie in generall,
for qwhatsoever thing he or they shall doe, in the executione of his
or their offices, before the persone requyrer of the saids letters
produce ane testimoniall under the forme of instrument _de denegata
justitia_ of the minister or presbytrie judge ordinar.
Sessio 4^a. Martii 19, Post Meridiem.
The brethren appoyntit to awayte upon the King’s Majestie for
advysing upon such Articles as should be cravit of the next
Conventione for taking order with Jesuits, Papists, Seminarie
Priests, hes, with the King’s Majestie’s awne advyce, formed the
Articles underwritten, to be given in to the next Conventione:
1. That all Jesuites, Seminarie Priests, excommunicat and traffiquing
Papists, that shall happen in any tyme coming to returne within
the countrey, or that are presently within the countrey, shall,
immediately after their dilatione to his Majestie, be apprehendit and
put in ward, there to be detinit ay and qwhill they be convertit to
the religion, or else punischit according to the acts of parliament,
or else removit off the countrie.
2. That the resetters of obstinat excommunicat Papists and their
chief friends and acquaintance quhois house they haunt, be chargit
to find cautione, under a pecuniall pain according to their abilitie
and rank, that they shall no wayes resett nor intertaine the saids
excommunicats.
3. That all excommunicat Papists be chargit to satisfy the Kirk
within the space of thrie moneths, under the payne of hornyng, and
if they failʒie, to be denuncit therto, that their escheits and
lyferents, in caice of year and dayes rebellion, may be intromittit
with be his Majestie’s Thesaurer, and not disponit to any donators.
4. That the Marquess of Huntlie be chargit to exhibit and present
before his Majestie and Secret Councill, John Gordoune of Newtoune,
Patrick Butter, and Mr Alex^r. Leslie, according to his band, that
they may be committit to ward ay and whill they satisfy the Kirk.
Bonytowne, younger, alleadgit resident within the Presbytries of
Ellone, Aberdeene, and Brechine, is ordaint be the Generall Assemblie
to be conveint before the Presbytrie of Brechine, and there to offer
his satisfaction as to his Judges ordinar.
Tarves and Methlek, kirks of the Synodall of Aberdeen, upon the
11th of November 1597, with mutuall consent of the parochiners and
heritors of the lands to be interchangit and annexit with consent
of the said Synodall, excambit certain lands, and annexit them in
respect of the far distance from their awne paroche kirks, and
contiguitie of the kirks qwherunto they are annexit, but prejudice
alwayes of their rents of the personage and viccarage of the saids
lands to be payed to the old persones and viccars, as before the
said excambione. The Generall Assemblie, at the desyre of the said
Synodall, ratifies and approves the said excambione and alteratione
in all poynts, and ordains the same to take full effect.
Forsuameikle as diverse and great inconveinents aryses dayly be the
untymous marriage of young and tender persones before they come
to age meit for marriage, and that there is no law nor statute of
the Kirk made as yet defyning the age of persones to be maried;
Therefore it is statute and ordaynit, that no minister within this
realme presume to joyne in matrimonie any persones in tyme comeing
except the man be of fourteen yeares and the woman of twelve yeares
at the leist; ordayning lykewayes the Commissioners of the Generall
Assemblie to desyre this statute to be ratified in the Conventione.
Anent the questione qwhether if a man being blind may discharge
all the pairts of the office of a pastor, and in speciall anent
the admission of Mr John Boyll to the ministry of Jedburgh, being
blind: the Assemblie refers the answer of the generall questione to
the nixt Generall Assemblie. And as to the admission of the said Mr
John, refers the tryall thereof to the Commissioners of the Generall
Assemblie; and in the meintyme discharges the said Mr John of using
any part the office of a pastor, except the preaching of the word.
Because the marriage of persones convict of adulterie is a great
alurement to married persones to committ the said cryme, thinking
thereby to be separat from their awne lawfull wyfes, to injoy the
persones with qwham they have committed adulterie: ffor eschewing
qwhereof, the Generall Assemblie thinks it expedient that ane
supplicatione be giuen in to the nixt Conventione, cravand ane act to
be made, dischargeing all marriages of sic persones as are convict
of adulterie, and that the samen be ratified in the next Parliament,
ordayning the brethren appoyntit to awayte upon the Conventione to
give in this article with the rest.
Sess. 6. 20 Martii.
Forsuameikle as, in the last Assemblie, there was a Commission given
to every Synodall within this realme, to elect, and choose out three
of the wysest of their number, to be ready, upon his Majestie’s
advysement, to convein with his Hienes, and to treat upon such heads
concernyng vote in Parliament as were not condescendit upon in the
last Assemblie, and, in caice of agreement, to conclude the haill
matter, utherwayes to referre the samine to this present Assemblie,
as at mair lenth is contained in the said Commission, conform to the
qwhilk, the saids Commissioners being conveint at Falkland, the 25th
of July 1598, they being rypelie advysit with the heads following,
gave their advyce and conclusione as after follows:--
1. Concerning the manner of chooseing of him that shall have vote
in Parliament in name of the Kirk: It is condescendit upon, that he
shall first be recommendit be the Kirk to his Majestie, and that
the Kirk shall nominat sax for euery place that shall have need to
be filled, of qwham his Majestie shall choose ane, of qwham he best
lykes; and his Majestie promises, oblisses, and binds himselfe to
chuse no wther but ane of that number: And, in caice his Majestie
refuses the haill, upon ane just reasone of insufficiencie, and of
greater sufficiencie of uthers that are not recommendit, the Kirk
shall make ane new recommendatione of men according to the first
number, of the qwhilk, ane be his Majestie shall be chosen without
any farther refusall or new nominatione, and he that shall be chosen
be his Majestie shall be admittit be the Synods.
2. It is concludit, that the Generall Assemblie shall have the
nominatione or recommendatione of him that in name of the Kirk shall
vote in Parliament, qwho shall take the advyce of the Synods and
Presbytries thereanent direct from them in wreit; and the Synod shall
have liberty to nominat alsewell within their province as outwith,
provyding that, if there be a man within their province meit for the
place, _cæteris paribus_, he be preferrit to ane wther.
3. Anent the rent: It is advysit, with ane consent, that the Kirk
being plantit sufficiently, the Colledges and Schooles already
erectit not prejudgit, that the King’s Majestie shall provyde him
to all the rest that may be obtainit of that benefice qwherto he is
preferrit.
As to the Cautiones to keep him that shall have vote in Parliament
from corruption, they be these following:--
1. That he presume not, at any tyme, to propone at Parliament,
Counsell, or Convention, in name of the Kirk, any thing without ane
express warrand and direction of the Kirk, and such things as he
shall answer for, to be for the weell of the Kirk, under the paine
of depositione from his office: neither shall he consent or keep
silence in any of the saids Conventiones, to any thing that may be
prejudiciall to the will and libertie of the Kirk, under the same
paine.
2. He shall be bound, at every Generall Assemblie, to give ane
account anent the discharge of his Commission sen the Assemblie
gangand before, and shall submitt him to their censure, and stand at
their determinatione qwhatsomevir, without appellatione, and shall
seek and obtaine ratificatione of his doings at the said Assemblie,
under the paine of infamie and excommunicatione.
3. He shall content himself with that part of the benefice qwhilk
shall be given in be his Majestie for his living, not hurting
nor prejudgeing the rest of the ministers of the kirk within his
benefice, plantit or to be plantit, or any uther minister of the
countrey qwhatsoever, and this clause to be insert in his provisione.
4. He shall not dilapidat in any wayes his benefice, neither make
sett nor dispositione, without the speciall advyce and consent of his
Majestie and Generall Assemblie; and for the greater warrand heirof,
he shall interdyte himself not to dilapidate his benefice, nor
consent to the dilapidatione thereof made be uthers to the Generall
Assemblie, and shall be content that inhibitiones be raisit on him to
that effect.
5. He shall binde faithfully to attend upon his awne particular
congregatione qwhereat he shall be minister, in all the poynts of a
pastor, and hereanent shall be subject to the tryall and censure of
his awne Presbytrie and Provinciall Assemblie, as any other minister
that bears not Commissione.
6. In the administratione of the discipline, collatione of
benefices, visitation, and all uther poynts of ecclesiasticall
government, he shall neither usurpe nor acclaime to himself any
power or jurisdictione farther nor any uther of the rest of his
brethren, except he be imployit be his breither, under the paine of
deprivatione; and in caice he usurpe any parte of ecclesiastical
government, and the Presbytrie, Synodall, or Generall Assemblie,
oppose and make any impediment thereto, qwhatsoever he doe after that
impediment to be null, _ipso facto_, but any declarator.
7. In Presbytries, Provinciall and Generall Assemblies, he shall
behave himself in all things subject to their censureing, as any of
the brethren of the Presbytrie.
8. At his admissione to his office of Commissionarie, thir, and all
wther poynts necessar, he shall swear and subscryve to fulfill, under
the penalties forsaids, and wtherwayes not to be admitted.
9. And in caice he be deposed be the Generall Assemblie, Synod, or
Presbytrie, from his office of the ministrie, he shall also tyne his
vote in Parliament, _ipso facto_, and his benefice shall vaicke.
And farther cautiones to be made as the Kirk pleases and finds
occasione.
Anent his name that for the Kirk shall have vote in Parliament: It is
advysit, be uniforme consent of the haill brethrene, that he shall be
callit the Commissioner of such a place; and in caice the Parliament,
be his Majestie’s moyen, may be inducit to acknowledge that name, it
shall stand so; if not, the Generall Assemblie shall conclude this
questione anent his name.
The questione being demandit, qwhither the Commission of him that for
the Kirk shall vote in Parliament sould indure for his lyfe tyme,
except some cryme or offence intervene, or for a schorter tyme,
at the pleasure of the Kirk? The Commissioners of the Provinciall
Assemblies, being of diverse opiniones, thocht good to referr this
questione to the next Generall Assemblie; qwhilks haill conclusiones
being read in presence of the haill Assemblie, and they being rypelie
advysit therewith, ratified, allowed, and approved the samen, and
thought expedient that the said cautiones, together with such wthers
as shall be concludit upon be the Assemblie, be insert in the body of
the act of Parliament that is to be made for confirmatione of vote in
Parliament to the Kirk, as most necessar and substantiall pairts of
the same.
Anent the supplicatione given in be James Lermonth, younger of
Darsie, David Kynnithmonth of that Ilk, John Traill of Blebow, for
themselves, and in name of their tennents and wthers, parochiners
of the paroche of St Androis, makand mentione, That albeit they
are parochiners of the said paroche kirk, lykeas they and their
predicessors hes beene continually subject to the discipline of the
said kirk, and hes been ever ready to underly qwhatsoever burden
was imposit for furtherance of the said kirk, and concurre with
the rest of the parochiners according to their rent and portione
of the said paroche; nevertheless the minister and sessione of the
said kirk refuses to suffer them and their saids tennents to enjoy
the benefites of the kirk with the remanent of the said paroche,
but debarres them from the hearing of the word, receaving of the
sacraments, and benefite of marriage, within the said kirk, butt any
reasonable cause; desyrand, therefore, ane command to the minister
and session of the said kirk of St Androis to admitt the forsaids
persones and their vassals to the hearing of the word and injoying
of the haill forsaids benefites of the kirk, as at mair lenth is
contained in the said supplicatione.
The Generall Assemblie having considerit the haill premisses,
commands and ordaynes the ministry and session of the said kirk of
St Androis to admitt the saids complainers, and their vassals and
tennents, parochiners of the said kirk, to the hearing of the word,
mariage, and receaving of the sacraments of the kirk, within the said
kirk of St Androis, as their proper paroche kirk in all tyme coming,
ay and qwhill their awn consent be obtainit in the contrare.
Sess. 7. Martii 21.
Anent the supplicatione given in be the parochiners of Twlliebodie,
making mentione, That albeit the said parochine be ane auld
parochine, separate from all wthers, having within itself the number
of four or fyve hundreth communicants or therby, and payes their
teynds to the Abbot of Cambuskenneth, who rigorously exacts the same;
neverthelesse the Presbytrie of Striviling hes be their ordinance
commandit the said kirk to be united to the chappell of Alloway maist
wrangously, seeing the saids complainers, be ane anterior command
of the said Presbytrie, not only re-edified their said kirke of
Twllibodie, but also upon their awne charges furnishit ane pastor to
the said kirk, lykeas yet they are willing to doe, notwithstanding
that their teinds are most wrangouslie led away be the said Abbot, as
said is; desyreing, therefore, their supplication to be considerit,
and the said union dissolved, as at mair lenth is containt in the
said supplicatione.
The brethrene of the Presbytrie of Striviling being callit to give
a reason of this their union of the said kirk, answerit that the
cause moving them was, _First_, That both the said paroches lay
very commodiously to the said kirk of Alloway; _Secondly_, That the
number of both the saids parochines wald make but ane sufficient
congregatione; _Thirdly_, That there could not be ane stipend
obtainit to the said kirk of Twllibodie, in so far that at the desyre
of the saids complainers, there being ane pastor appoyntit to the
said kirk, upon promise that they wald furnische him ane sufficient
stipend, ware forcit, for povertie, to leave them; qwhereas be the
contrare, be the union of the said two kirks, the Earle of Mar
furnisches ane sufficient stipend to ane minister, resident at the
same.
The Generall Assemblie having considered the premisses, ratifies and
approves the union of the said two kirks, and ordayns Alloway to be
the paroche kirk hereafter.
Anent the supplicatione given in be the Presbytry of Deir, makand
mention, that qwhair the Laird of Phillorthe having erect ane
Colledge upon the town of Fraserburgh, and agreed with Mr Charles
Ferme to be both Pastor of the said burgh, and Principall of his
Colledge, qwhilk burden the said Mr Charles refuses to accept upon
him, without he be commandit be the Generall Assembly; desyrand,
therefore, ane command to be given to the said Mr Charles to accept
both the said charges, as at mair lenth is containt in the said
supplication: The Generall Assemblie having considered the necessity
of the said warke, and how the said Laird of Phillorthe hes refusit
to sustaine ane pastor at the said kirk, unless he undertake both the
saids charges, Therefore commands and charges the said Mr Charles
Ferme to undertake and awayte upon, alsweill the said kirk, as to be
Principall of the Colledge of Fraserburgh.
Sessio 8. Martii 22. Post Meridiem.
Forsuameikle as the Commissioners of the Synodalls conveint
at Falkland, the 25th of July 1598, being of divers opiniones
concerning the continuance of this commission that shall have vote
in Parliament, qwether he sould endure for his lyfetyme, except some
cryme of offence interveine, or for a schorter tyme, at the pleasure
of the Kirk, they thocht good to referre the same to this present
Assemblie? Therefore, having reasonit at lenth the said questione,
after voiting of the samen, ffinds and declares that he shall
_annuatim_ give compt of his commission obtained at the Assemblie,
and lay down the same at their feet, to be continowit or alterit
therfrae be his Majestie and the Assemblie, as the Assemblie, with
consent of his Majestie, sall think most expedient for the weill of
the Kirk.
It is statute and ordaynit, that nane of them that shall have vote
in Parliament shall come as Commissioners to any Generall Assemblie,
nor have vote in the same in any tyme coming, except he be authorized
with a commission from his own presbytry to that effect.
It is found be the Assemblie that _crimen ambitus_ shall be a
sufficient cause of deprivatione of him that shall have vote in
Parliament.
It is statute and ordaynit, that every minister intimat this Generall
Assemblie that the vote in Parliament is concludit be the Assemblie,
and that nane utter speech in pulpit contrare the same.
Forsuameikle as it hes been found necessare of before, and profitable
for the will of the Kirk, that certaine Commissioners be appoyntit
frae Assemblie to Assemblie, qwhois speciall care and travell sould
be to give their advyce to his Majestie in all affairs concernyng the
weell of the Kirk, and intertainment of peace and concord betwixt his
Majestie and the Kirk; Therefore, the Generall Assemblie, continowing
in the same course, hes given and grantit, lykeas be the tenor heirof
they give and grants, their full power and commission to Mrs James
Strachane, James Nicolsone, Andrew Milne, Alex^r. Forbes, Alexander
Dowglass, Robert Howie, James Melvill, Jon Dalgleish, Robert Wilkie,
Harie Livingstone, Alexander Lindsay, George Gladstanes, Robert
Pont, David Lyndsay, Robert Bruce, John Hall, John Clappertoune,
John Knox, Andrew Lamb, James Law, John Spottiswood, Gavin Hamilton,
David Barclay, Andrew Knox, with the King’s Majestie’s ministers,
or any nyne of them--givand, grantand, and committand to them their
full power to plant such kirks in Burrow Townes as are destitute of
pastors, and in speciall, the kirk of Leith, in place of Mr John
Hall, last removit therfrae, and the South-wast Kirk of Edinburgh,
vaikand be deceis of umqwhill Mr Robert Rollock;--to present the
grieves of this present Generall Assemblie to the next Conventione,
and receave the answers of the samen; and lykewise, in caice his
Majestie finde himself greivit at any inormitie committit be any of
the ministry, to try and cognosce upon the same, and take such order
thereanent as shall be meitest to the glory of God and weell of
his Kirk, to advyse with his Majestie anent the effectuating of the
constant platt,--_promitten de rata_.
Thir are the Commissioners appoyntit to awayte on the Conventione:
Mrs David Lyndsay, Robert Bruce, James Nicolsone, Andrew Lambe,
William Couper, Alexander Lyndsay, John Spottswood, with the King’s
Majestie’s Ministers.
Because it was understand be the Assemblie that Mr Androw Lamb,
minister at Aberbrothick, licklie to be transportit to some other
flock, qwher his gifts might profite the Kirk in greater abundance,
therefore the Generall Assemblie gives licence to the said Mr Androw
to be transportit from the said kirk of Aberbrothock.
The said day, the Generall Assemblie receivit and admittit Mr Thomas
Hope to be Solicitor for the Kirk in place of James Mowat,--qwho
being personally present, dimittit the same in the Assemblie’s
hands,--after the said Mr Thomas had given his oath of fidelitie in
the said office.
Anent the proces of appellatione persueit be James Lord Lyndsay of
Byres, and remanent gentlemen and parochiners of the paroche of
Syres, against the Presbytries of Couper and St Androis, concernyng
the admissione of Mr Robert Buchanane, Provest of Kirkheuch, to the
ministrie at the kirk of Syres, and transportatione of him from the
kirk of Forgane in Fyfe; the brethren that were appoyntit to visite
the said proces, having made their report to the haill Assembly, the
rights, reasons, and allegations of all the saids Presbytries being
heard and considerit, The Generall Assemblie decerns and ordaynes the
said Mr Robert to remaine minister at the kirk of Syres, and suchlyke
gives their power and commission to Mrs James Melvill, Robert Wilkie,
James Nicolsone, Alexander Lyndsay, and William Scott, givand them
power to elect and chuse out a discreet man, with consent of the
saids parochiners of Syres, to be adjoynit to the said Mr Robert as
minister and fellow-helper with him at the said kirk of Syres; with
power also to them to modifie how meikle of his stipend shall be
payit be the said Mr Robert, and how meikle be the saids parochiners
of Syres. And in speciall, the Assemblie recommends to them their
brother, Mr William Simpsone, minister at Bruntisland.
Forsuameikle as there is diverse partes of the countrey that for lake
of visitatione are become almost desolate, Therefore the Generall
Assemblie hes thocht good that certaine visitors be direct for
visiting of the bounds of Kirkcudbright and Wigtoune: Mrs David
Barclay, Alex^r. Scrymgeour, and Nathaneill Inglish; off the bounds
of Morray, Mrs George Hay and Androw Crombie; off the bounds of
Orknay and Cathness, Mrs Robert Pont, John Monro, elder, and John
Monro, younger; off the bounds of Ross, Mrs Alex^r. Dowglass, John
Carmichaill, and William Scott; and for Nithsdale, Mrs Robert
Wallace and John Welsche: with power to them to inquyre in the lyfe,
doctrine, and qualificatione of the ministry within the saids bounds,
to try the sayers and hearers of mass within the samen: with power
also to plant and transplant ministers unto such places as they shall
think most expedient for the glory of God and weel of the Kirk, and
to report to the nixt Generall Assemblie.
Because the Island of Errane lyes most commodious and adjacent to the
Presbytrie of Irwing, therefore the Assemblie annexis the same to the
said Presbytrie.
Anent the supplicatione given in be the Presbytrie of Meigle,
makand mention, That seeing the Presbytrie had united the kirks of
Essie and Niva to be and remain a congregatione under the charge of
ane pastor, at ane kirk to be biggit in the mids of the saids two
paroches presently; In respect of the fewness of the number [in] both
the saids paroches, not extending to the number of fyve hundreth
persones, partly in respect of the commoditie of the place, seeing
the farthest part of both the saids paroches will not be distant
halfe ane myle from the place qwhere the kirk sould be biggit, and
partly in respect of the impossibility of the moyen to sustaine
two sundry ministers at the saids kirks; Desyreing, therefore, ane
ratificatione of the unione in this Assemblie, together with ane
command to the brethren direct to the Estates conveint at Perth, to
crave the samyn to be ratifyit in the said Conventione--as at mair
lenth is conteint in the said supplicatione:
The Generall Assemblie ratifyes and approves the unione forsaid, and
suchlyke ordaynes the brethren appoyntit to gang to the Conventione
at Perthe to crave the said union to be ratified in the said
Convention.
Anent the appellatione persewit be the Presbytrie of Dumfermling frae
the decreit pronuncit be the Synodall of Fyfe, halden at Couper the
6 of March 1598, ffinding that the said Presbytrie had done wrang in
planting of the kirk of Dalgatie with the hurt and prejudice of the
kirk of Aberdour, being the greatest and most populous congregatione,
and the haill stipend beand but ane meine provisione, and therefore
decernand the haill stipend to remaine with the kirk of Aberdour:
The said Presbytrie of Dumfermling compeirand be Mr John Fairfull,
minister at Dumfermling, their Commissioner, and the Commissioners of
the Synodall of Fyfe being lykewayes present, with the Commissioners
of the Towne of Aberdour, the rights and reasones of both the said
parties heard and considerit, The Generall Assemblie decerns and
ordaines Mr William Patone, minister of Dalgatie, to serve the
cure of both the saids kirks of Aberdour and Dalgatie, and to have
assignit to him for his service thereat the haill old stipends of
Aberdour and Dalgatie before the divisione thereof for the cropt
1599, and yearly in tyme coming, ay and qwhill sufficient provisione
may be gotten for planting of both the saids kirks.
The Generall Assemblie grants libertie to Mr William Simsone, at
Bruntiland, to transporte himselfe from the said kirk, in respect
he hes servit thir many years bygane thereat, but stipend; and the
Queen’s Majestie and her Chalmerlands, qwho was in use of payment of
before of the ministers at the said kirk, refuiss to make payment to
the said complainer of the same, and therefore recommends him to the
Synodall of Fyfe, to have consideratione of him in planting of their
kirks.
The nixt Generall Assemblie is appoyntit to be halden at St Androis
the last Twesday of July 1601.
[SIXTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, holden at
Bruntiland, the 12th of May[45] 1601 year, In the qwhilk the
King’s Majestie with his Commissioners of the Nobilitie and
Burrows were present.
Sess. 1^{ma}. May 12.
Exhortatione being made be Mr Robert Wilkie, Moderator of the
last Assemblie, the brethren proceeded to the election of ane new
Moderator, and Mrs Patrick Galloway, Patrick Scharp, Patrick Simsone,
John Hall, and James Rowsone, being put in leets; be plurality of
votes Mr John Hall was chosen Moderator _hac vice_.
Sess. 2. Maii 14.
The qwhilk day the brethren having interet in consideratione of the
generall defectione from the puritie, practise, and zeall of trew
religione in all estates of the countrie, and how the samen must, of
necessitie, at the last, be concludit either in Papistrie or atheisme
within schort space in the righteous judgement of God, except some
substantious remedie be provydit thereto in tyme, and because the
evill cannot be well curit unless the originall springs and speciall
causes thereof be rypet up, Therefore the brethren, after mature
deliberatione and weighing of the causes of the said defection, hes
found the principall causes thereof to be as follows:--
Causes of the Defection from the Puritie, Zeall, and Practise of
trew Religion in all Estates of the Countrie, and how the same
may be most effectuallie remeadit, &c.
The principall causes of this fearfull change, no doubt, is the
just wrath of God kindled against the haill land for the unreverent
estimatione of the Gospell, and for the sinnes of all estates, and
dishonouring of thair professione, and makeing the name of God to
be blasphemit be the profane world without remorse--laicke of care
and diligence upon the part of the ministry in the discovery of them
that maks apostacie to papistrie, and negligence in executione of the
lawes and discipline against such as happens to be discoverit.
Want of pastors and unplantit kirks, and displanting of kirks, qwhilk
hes been provydit be the diminutione of the thirds.
Neglecting of places that are of chiefest importance to the interest
of Religion in not planting sufficient pastores thereat, such as
are hir Majestie’s hous, the Prince’s hous, the Earles of Huntlie,
Erroll, and Angus’ houses and places of their chiefest residence,
the Lord Hoome’s house, the Lord Heress’ house, and chief places of
their residence, the Town of Dumfreis, and uthers of the nobilitie
and greatest power within the countrey.
The overhastie admissione of men to the ministrie before they
be knawne to be of sufficient gifts and experience to discharge
fruitfully that hich calling in thir difficult tymes.
The negligence of the ministry in the advanceing of their knawledge
be ever continuall and constant reading of the Scriptures and
contraversies of the tyme, qwherthrow they might be able to bring the
consciences of their auditors in subjectione to the obedience of the
Gospell, and convince of the adversarie.
Negligence in the lyves of the ministry--not framing their
conversatione in gravitie as paterns of lyfe to the people, but
framing them excessively to the humours of men, especially in
communications at tables, and giving sumtyme examples of intemperance
in the light and prodigall abulziements of their families.
The distraction of minds qwhilk is supposed to be in the
ministry--the distraction qwhilk is supposed to be of his Majestie’s
mynde from some of the ministry.
The advancing of men suspect in religione, and knawne to be evill
affectit to the good cause, unto offices, honour, and credite in
court, counsell, and sessione, and wther rowmes of great importance
within the countrey.
The desolatione of the Kirk of Edinburgh, through the want of pastors.
The continuall residence and intertainment of the Ladie Huntly, ane
knawne and profest Papist, of Margaret Wood, sister to the Laird of
Bonytowne, and wthers knawne and profest Papists, in his Majestie’s
court and company.
The educatione of their Majesties’ children in the company of profest
and obstinate Papists, sic as the Ladie Livingstone.
The negligent education of the children of noblemen, and sending of
them out of the country under the charge of pedagogues suspect in
religione, or, at the leist, not weill grundit and confirmit therein,
to be broucht up and instructed in places qwher Papistrie is profest.
The impunitie of skippers, mariners, and owners of ships, that under
the name of passengers, transports from uther places, and brings
Papists, with their coffers, Seminarie Priests, Jesuites, and uthers
trafficquers within the countrey, and the impunitie of such as
carreyes and sparpells their books through the countrie.
The decaye of schooles and educatione of the youth in the knawledge
of good letters and godliness, especially to landwart, for lake of
sufficient provision to intertaine a qualified schoolmaster in places
needfull.
That men suspect in religione, and challengit therefor before their
Presbytrie and pastors, hes access to court dureing the tyme of their
proces.
That the late reconcilit Papists are not urgit to performe the
conditiones agreed to be them at their reconciliation to the Kirk.
Remedies of the former Evills.
The Generall Assemblie, having enterit in the consideratione of the
causes of the said great and fearfull defectione of all estates of
persones of this land from the trew and sincere professione of the
gospell, presently sounding within the same; and having found the
principall causes of this fearfull change to be, no doubt, the just
wrath of God kindlit against the haill land, for the unreverend
estimatione of the gospell, and for the sinnes of all estates, and
dishonouring of their professione, and making the name of God to be
blasphemit be the profane world without remorse: qwhilks horrible
judgments hes fallen in every estate, for the contemptuous hearing
of the word of God, in so far as there is nane that hes worthilie
esteemit the said precious word according to the dignitie thereof;
therefore, and for removing of the former evills and caus of farther
judgements, if they be not preventit be speedie repentance, the
Assemblie hes concludit and ordainit ane generall humiliatione to be
keepit solemnly throughout the haill land, with fasting and prayer,
two severall Sabbath days in all congregationes, both in burgh
and land, within this realme; and lykewise in burrow townes, the
haill week betwixt the said two Sondays, and the cause of the said
humiliatione to be only the sinnes of the land, be the qwhilks the
profession of the gospell hes been dishonourit, and the wrath of God
provockit; qwhilk generall humiliatione is ordaynit to be upon the
last two Sabbaths of June nixt to come.
The unplantit kirks wald be effectuallie recommendit to his
Majestie’s care, qwhais authoritie only is able to accomplishe that
wark; and for the better furtherance thereof, that his Majestie wald
cause take heed that the thirds be keepit unvitiat. Nothing more
necessar nor to have his Majestie’s houss, the Prince’s houss, the
Earles’ housses, and places of their residence, and wthers places
of chiefest importance, as the town of Dumfries, to be well plantit
with learnit, godly, and wyse persones; and qwhere the laike of
provisione might be ane hinder to the present planting, as at the
Earles’ houses, it were requisite for a tyme that the meetest for
that purpose, not being in places where the cause may be so far
interest be the want of a resident pastor, sould be transportit fra
their awn places, to remaine for ane quarter or halfe ane year, that
ane substantious meine may be found out for ane constant provisione
and planting of these rowmes, be qwhais labors, in the meantyme, the
Earles and their families might be confirmit in the truth, and the
enemies debarrit from their companies, and thereafter to return to
their awne charges; the Presbytries, in the meaneqwhile, taking order
for helping of their kirks in tyme of their absence; and to that
effect, ordaynes Mr George Gladstanes to be direct to awayte upon
the Earle of Huntlie; Messrs Alex^r. Lindsay and William Cowper upon
the Earle of Erroll; Messrs James Law and John Spotswood upon the
Earle of Angus; Mr John Carmichaell upon the Lord Hoome; Messrs David
Lyndsay and John Hall upon the Lord Heres.
That ane petition be given in to his Majestie and Secret Councill,
desyring that these qwham his Majestie knawes, or shall knaw
hereafter, to deale in favours of profest traffiqueing Papists
farther nor the lawes of the countrey shall permitt, shall be comptit
and holden as men suspect in religione, and shall not have the honour
to be in his Majestie’s house, counsell, or sessione.
That it be cravit lykewise of his Majestie and Secret Councill,
that all Papists, men and women, challengit be the kirk for their
religione, and not satisfyand the kirk for the same, be dischargit
from resort to court, qwhill they have satisfyit and bring from the
Presbytrie of their bounds ane sufficient testimoniall of their
obedience.
_Item_, For disobedience of the adversaries of trew religione
lurking within this countrie, it is ordaynit that every Presbytrie,
immediately after the dissolving of this present Assembly, take up
the names of the new communicants within their bounds, and send them
to his Majestie’s ministers with all expeditione, subscrivit be the
moderator and clark of the Presbytrie, and minister of the paroche,
and that from this tyme furth, at every Provinciall Assemblie,
the names of the non-communicants be tane up, and sent up to his
Majestie’s ministers.
_Item_, That it be inquyrit anent the late reconcilit Lords to the
kirk, be the Presbytries qwher they make residence, qwhether they
have keepit and performit the articles subscrivit be them at the
receaving, and that they be urgit severally to perform every ane of
the saids articles, and if they refuse, that the Presbytries certifie
the King’s Majestie’s ministers thereof.
_Item_, For escheweing of farther evill qwhilk might come to the
estate of religione be the evill educatione of the youth furth of
the country, it wald be cravit of his Majestie and Secret Councill,
qwhen such noblemen and wthers as directs ane pedagogue with their
sonnes furth of the country, that their pedagogue be knawne godly
and of good religione, learnit and instructit in the same, and
approvit in his religione be the testimoniall of his Presbytrie; that
their remaining out of the country be in places qwher religione is
presently professit, or, at the least, qwher there is no restraint
of the same be the cruelty of inquisitione; that dureing the tyme
of their absence they shall not haunt any idolatrous exercise of
religione; and such as hes not the moyen to sustaine ane pedagogue
with their sonnes furth of the country, that they send them to such
pairts qwher there is no restraint of religione; and in caice their
sonnes, after their depairting out of the countrey, haunt these parts
qwher the profession of the trew religione is restraint, that they
find caution not to intertaine them: And in caice any that passes
furth of the countrey imbrace any religione except that qwhilk is
presently profest within this realm, that they shall not be able to
brooke moyen, heritage, honours, nor offices, within this realme;
and this to be ane exception against the service of their brieves,
and at the tyme of admissione of them to any office or honours, and
in caice any of their parents contraveine any of the premisses, that
they incurre such paine as his Majestie and Secret Councill shall
modifie, and that such as are already out of the country, either be
callit back againe before ane day to be appoyntit be his Majestie and
Secret Councill, or else that their parents be subject to the lyke
conditiones as is before sett downe.
_Item_, It wald be cravit of his Majestie and Secret Councill, that
all skippers, mariners, and owners of ships, be inhibite that they
bring in any Jesuites, Seminary Priests, declarit fugitive traytors
and rebells within the countrie, but such as they knaw to be of
good religione, or hes sufficient testimoniall of their honesty in
religion, from the places qwher they have been conversant, under the
paine of escheating their haill goods, and under the same payns,
that they deliver them in the hands of the magistrate of the toune
or port qwher they shall happen to arryve at, there to be keepit,
ay and qwhill they be examinat, and his Majestie’s warrant obtainit
for their liberty after they have been tryit and fand honest in
religione, and shall keep them, their goods, books, and geir in
schipboard, ay and qwhill they receive ane warrand, or the ordinarie
magistrate for relieving of the same; and to that effect, they sett
nane upon land but in common parts, qwher there is ane magistrate to
receave the passengers from their hands.
_Item_, That his Majestie be dealt earnestly with anent the removeing
of his dochter out of the Lady Livingstone’s company, in respect of
her obstinate continuing in the professione of Papistry, for the
qwhilk cause, his Majestie being requestit be the haill Assemblie,
promised that his Heines’ daughter sould be transportit betwixt and
Martimes next to come to his awne house.
And because of the nane planting of kirks is ane great part of the
wyte of defection from the puritie of religione, and that the best
way for the planting of the saids kirks is the furtherance of the
constant platt for locall stipends to be appoyntit to every kirk
within this realme, therefore the Assemblie hes ordaynit the brethren
following, viz., Messrs David Lyndsay, James Nicolsone, Robert
Pont, Patrick Galloway, George Gladstones, John Nicolsone, or any
three of them, to conveen upon the first day of Junii with my Lords
Chancellour, President, Secretar, Collector, Comptroller, Sir Patrick
Morray, Mr George Young, to intreat and advyse upon such overtures as
be their common consent shall be found most meet and expedient for
advancing of the warke of the constant platt, and to lay doune such
grunds as they shall finde most profitable for prosecuting of the
same, and to reporte their diligence to the nixt Assemblie.
Sessio 3. May 14.
The King’s Majestie having declareit his intention and desyre to have
a minister for his Heines’ house, in respect of the deceas of Mr John
Craige, and John Duncanson’s old age, and ane wther of the Queen’s
Majestie’s house, and ane to the Prince house, the Assemblie nominat
for his Majestie’s and the Queen’s house Messrs Henry Blyth, John
Fairfull, Peter Hewat, and Androw Lamb; for the Prince house, James
Nicolsone, James Law, and John Spotswood.
The Assembly ratifies the acts made in the Assemblies of before,
anent the dischargeing of applicationes particular to be made in
exercises, and of forbidding of young men not admittit to the
ministry to preache in the chief places of the country, and ordaynes
the same to be put in executione, under the paine of incurring the
censures of the kirk.
Sess. 4. May 15.
The Assemblie adjoyns the Presbytrie of Kirkcudbright to the ministry
of Nithsdale, ay and qwhill there be such a number of kirks plantit
within the saids bounds as may constitute ane lawfull presbytrie
among themselves.
The Assemblie ordaynes the Commissioners to recommend unto his
Majestie the provisione of competent livings to the saids kirks, and
nominats Messrs John M‘Birney, George Greive, and William Arthure, to
be plantit thereat.
Anent the questione referrit be the Presbytrie of Couper to this
present Assemblie, concernyng the cause persewit be the said
Presbytrie against Elizabeth Pitcairne, for satisfaction for the
adultery committit be hir and proven against hir, conforme to the
decreit of the foresaid Presbytrie; qwha being urgit to satisfy
the Kirk therefore, producit ane decreit of adherence obtained
against hir husband before the Commissaries of Edinburgh, ordaining
her husband to adhere to her, and be consequence exonering her of
adulterie: The Assemblie ordaynes the Presbytrie to put their awne
decreit to dew executione, notwithstanding the decreit of adherence.
Anent the citatione wsit be the Presbytrie of Couper against the auld
Laird of Kynneir, to have answerit for the abuseing of Mr Robert
Inschaw, minister at Kylmanie, in the solemnizating of the marriage
of his daughter, and in antedateing of ane testimoniall sent to Mr
Henrie Balfour, minister at Cullessie: The Assemblie, in respect
of the Laird of Kynneir’s absence, referrit the tryall of the said
matter to the Presbytrie of Couper.
Sess. ultima. Maii 16, 1601.
It being meinit be sundrie of the brethren that there was sundrie
errors that meritit to be correctit in the vulgar translation of
the Bible, of the Psalmes in meter, as also that there was sundrie
prayers in the Psalme Book qwhilk wald be alterit, in respect
they are not convenient for the meantyme; in the qwhilk heids the
Assemblie hes concludit as follows: First, anent the translatione of
the Bible, that every ane of the brethrene wha hes best knawledge in
the languages imploy their travells in syndrie pairts of the vulgar
translatione of the Bible that needs to be mendit, and to conferr the
same together at the nixt Assemblie.
It is not thought good that the prayers already conteinit in the
Psalme Book be alterit, but if any brother wald have any uther
prayers eikit qwhilks are meet for the tyme, ordaynes the same first
to be tryit and allowit be the Assemblie.
The Generall Assemblie, for causes and considerationes moving them,
hes ordaynt Mrs James Balfour, Walter Balcanquall, and William
Watsone, to be transportit out of their awne places of the ministrie
in Edinburgh, and plantit in such places as the Commissioners deput
be this present Assemblie thinks expedient; and lykewayes ordayns the
saids Commissioners to plant such uthers of the ministry in their
places in the Kirk of Edinburgh as shall be found expedient to God’s
glory within the same.
The Commissioners for the Towne of Edinburgh, viz. John Johnstone and
George Heriot, protestit in the name of the said Towne, that seeing
the Generall Assemblie had ordaynit their ministers abovenamit to
be transportit furth of Edinburgh, the said Towne sould be free of
their burden fra this tyme of their present transportatione, and that
the said transportatione should not be prejudiciall to them in any
tyme thereafter, but that they might be reponit in their awne places
when it sould please his Majestie and the Kirk to lyke well thereof;
qwhilk protestatione his Majestie and the Assemblie willingly agreet
unto, qwherupon the said Commissioners askit instruments.
The Assemblie hes ordainit, that in every Assemblie to be conveint in
all tyme coming, such as shall happen to be appoyntit Commissioners
for the Generall Assemblie to indure qwhill the Generall Assemblie
next thereafter, shall give ane accompt of their proceedings dureing
the haill tyme of their commission in the beginning of the Assemblie
before any wther cause or matter be handlit, and their proceedings to
be allowit and disallowit as the Assemblie shall think expedient.
The Generall Assemblie having ryply weyit the necessity of appoynting
Commissioners for this Generall Assemblie, not only to advyse and
awayte upon such affaires as shall be for the weill and wtilitie of
the Kirk of God, but also in giving advyce to his Majestie anent
the holding furth the enemies of the same qwhen they shall be
requyrit be his Heines thereto; Therefore, the brethren conveint in
this Assemblie hes given and grantit, lykeas, be the tenor heirof,
gives and grants thair power and commission to thir brethren,--Mrs
Alex^r. Dowglass, John Strachane, Peter Blackburne, George Monro,
James Nicolsone, Androw Leitch, Alexander Forbes, Patrick Symsone,
Wm. Cowper, Alexander Lyndsay, George Gladstanes, Wm. Scott,
John Caldcleuch, Robert Wilkie, David Lyndsay, Robert Pont, John
Spottiswood, John Hall, James Low, John Knox, John Abernethie, John
Hay, Gavine Hamiltone, Alexander Scrymgeour, David Barclay, with the
King’s Majestie’s Ministers, or any nyne of them; givand, grantand,
and committand unto them their full power, to plant such kirks in
Burrow Tounes as are destitute of pastors in generall, and specially
to plant the Kirk of Edinburgh, vaikand be transportatione of the
ministers thereof; with full power also to plant Mrs James Balfour,
Walter Balcanquall, and William Watsone, ministers transportit out
of Edinburgh, with his Majestie’s advyce, in such convenient places
as they sould finde expedient for the glory of God; with power also
to transport any of the ministry within the realme from their awne
places qwher they presently serve, and to plant them in the saids
vaikand places of the Kirk of Edinburgh, in the planting qwherof
they shall take the advyce of the Presbytry of Edinburgh, according
to the acts and statutes of the Generall Assemblie made of before.
Attour, if it shall happen the King’s Majestie to be grievit at
any of the ministry for qwhatsomever enormitie committit be any of
them against his Majestie, with power to them, or any nyne of them,
as said is, to try and cognosce thereupon, and take such order
thereanent as they shall think maist meit to the glory of God and
weill of the Kirk; and, finallie, with power to them to present the
grieves and petitiones of this present Assemblie to his Majestie
and Secret Councill and generall Conventione of the Estates and
Parliaments, if any shall happen to be, and to crave redresse of the
samen--_promitten de rata_.
The Assemblie ordaynes Mrs James Nicolsone, James Robertsone, Alex^r.
Lyndsay, and William Cowper, to take tryall anent the union of the
paroche of Forgandyne to the kirk of Arnegose, and if they finde the
same to have been done of old, and to be commodious for the people,
to ratifie the same.
Forsuameikle as in the Assemblies halden of before, it hes been
very wisely considerit that there hes been nothing more profitable
for advancing of the glory of God by the preaching of the gospell,
then appoynting of Commissioners for every schyre within this
realme, qwhois care and diligence should be pairtly to try the lyfe,
doctrine, and manner of conversatione of the ministry within the
bounds committit to their visitatione, and pairtly to plant the
kirks qwhilks as yet ly destitute of the comfort of the word, be
dealing with such as hes the Kirk livings in their hands for ane
reasonable moyen to sustain a minister at every kirk within this
realme; qwhilk loueable custome this present Assemble being mindfull
to prosecute, therefore hes given and grantit, lykeas, be these
presents, gives and grants their full power and commissione to thir
brethren: Mrs Robert Pont and Robert Durie for Orknay and Zetland;
Mr George Gladstanes for Cathness and Sutherland; to Mrs Alex^r.
Dowglass and Alex^r. Rawsone for Rosse; to Mrs George Hay and Androw
Crombie for Morray; Mr George Gladstanes for Aberdeene; for Angus and
Merns, Mrs Robert Wilkie and James Melvill; for Perth and Stratherne,
Mrs Thomas Dowglass and John Fairfoull; for Fyfe, Mrs James Nicolsone
and Robert Howie; for Lothiane, Mrs Patrick Simsone and Harie
Livingstone; for Merss and Teviotdale, James Gibsone and Mr Adam
Colt; for Clydsdale, Mrs David Lyndsay and John Spotswood; for Irvine
and Aire, Mrs Gavine Hamiltone and Androw Knox; for Annandaill, Mrs
John Knox and Patrick Schaw; for Nithsdale and Galloway, Mrs David
Barclay, Alex^r. Scrymgeour, and Nathaniell Inglish: with power
to them to try the brethren within the bounds particularly above
designit, in their lyfe, doctrine, qualificatione, and conversation,
and how they have behaved themselves touching the rents of their
benefices--qwhether they have sett tacks of the samen, but consent of
the Generall Assemblie or not, and so dilapidate the same--to depose
such as deserves depositione--to plant ministers in such places that
hes not been plantit heretofore; and to that effect to deall with the
tacksmen of every paroche kirk for provision of ane minister to their
kirks, and to report to the next Generall Assemblie ane answer of
the tacksmen in wreit, containing the planting of the kirks qwherof
they possess the teinds, and to reporte their diligence to the nixt
Assemblie--_promitten de rata_.
The nixt Assemblie appoyntit to be halden at St Androis the last
Twesday of July 1602.
[SIXTY-SIXTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Commissioners from the Presbytries
of the Kirk of Scotland, halden at Halyrudehouse the 10 of
Dec^r. 1602,[46] in the qwhilk the King’s Majestie being
personally present, were conveint the Commissioners following,
viz. Commissioners, with his Majestie, the Secretar, Thesaurer,
Collector, Comptroller, Sir Patrick Morray: for the Ministry,
_Orknay._
Mr Robert Pont.
_Cathnes._
Mr George Gladstanes.
_Ross Murray._
Mr Alexander Rawsone.
_Aberdeene._
Mrs Peter Blackburne.
Archbald Blackburne.
David Raite.
Richard Rosse.
John Strauchan.
Mrs John Rosse.
James Milne.
Abraham Sybbald.
Alexander Hay.
_Mearns._
Mrs John Erskine.
Alexander Forbes.
Mr James Sybbald.
_Brechine._
Mrs Andrew Leitche.
John Marshall.
Mr Josua Durie.
_Aberbrothoke._
Mrs Patrick Lyndsay.
Arthur Foothie.
Mr Henry Philipe.
_Dundie._
Mr Robert Howie.
Mr Andrew Clayhills.
_Meigle._
Mrs James Andersone.
John Barclay.
Mr David Browne.
_Peirth._
Mrs James Rosse.
Archd. Moncrieff.
Wm. Row.
Adam Balantyne.
Mrs Alex. Hoome.
John Edmonstoune.
William Glasse.
Silvester Ratray.
_St Androis._
Mrs James Melvill.
John Carmichaell.
Mr Robert Durie.
_Universitie thereof._
Mr James Martine.
_Cowper._
Mrs Thomas Dowglass.
Robt. Buchanan.
Mr Wm. Cranstoune.
_Kirkaldie._
Mrs Wm. Scott.
John Michelsone.
Mr David Spence.
_Dumfermling._
Mrs John Fairfoull.
John Cawden.
Mr Edmond Mylls.
_Edinburgh._
Mrs James Balfour.
Walter Balcanquall.
Mr Wm. Aire.
_Linlithgow._
Mrs Thomas Peebles.
Robt. Cornwall.
Mr George Inglish.
_Dalkeith._
Mrs George Ramsay.
Archd. Simsone.
Mr Adam Scot.
_Haddington and Dumbar._
Mr Edward Hepburne.
Mr Richard Ogill.
_Peebles._
John Keer.
_Merss._
Mrs John Clappertoune.
Tobias Ramsay.
Wm. Methwen.
Alex^r. Gates.
John Abernethie.
Mrs Wm. Clark.
John Knox.
James Dais.
John Smith.
_Glasgow._
Mr Andrew Boyde.
Mr Wm. Livingstone.
_Universitie thereof._
Mr Pat. Scharp.
_Paisley._
Mr John Hay.
_Dunbartone._
Mr Wm. Symsone.
_Hamiltone._
Mr John Howisone.
Mr Pat. Walkinschaw.
_Lanarick._
Mr Wm. Birnie.
Mr Robt. Ballantyne.
_Aire._
Mrs George Dumbar.
Nathaniel Inglish.
Mr John Welsche.
_Irwing._
Mr Hew Fullertoune.
_Dumfries._
Mrs Robt. Hunter.
John Browne.
Mr Richard Broune.
_Kirkcudbright._
Mr Wm. Hamiltone.
_Wigtowne._
Mr Robert Wallace.
Mr Matthew Reid.
_Edinburgh._
Mr John Robertsone.
Mr George Heriot.
_Dundie._
Mr Wm. Fargusone.
_St Androis._
Mr Wm. Russell.
_Leith._
Mr Jerome Lyndsay.
Mr David Orrock.
_Bruntiland._
Patrick Greiff.
_Commissioners for the Generall Assemblie._
Mrs Alex. Dowglass.
George Monro.
James Nicolsone.
Pat. Simsone.
Wm. Cowper.
Alex. Lyndsay.
John Spotswood.
John Caldcleuch.
Mrs Robt. Wilkie.
David Lyndsay.
John Hall.
James Law.
Gavin Hamilton.
George Scrymgeour.
David Barclay.
_Acta Sessione prima._
Exhortatione being made be Mr John Hall, Moderator of the last
Assemblie, the Assemblie, after the accustomed manner, proceedit to
the election of the Moderator of this present Assemblie; and, after
nominatione of the brethren following, viz. Mrs Patrick Galloway,
Patrick Scharpe, James Balfoure, and John Carmichaell, out of the
qwhilk number the Moderator should be chosen,--be plurality of votes
the said Mr Patrick Galloway was chosen Moderator _hac vice_.
The houres of convention to be nyne houres in the morning for
the privie conferrence, and eleven houres for conveening of the
Assemblie, and to sit qwhill 4 houres afternoon.
The Assessors appoynted to conveen with the Moderator in the privie
conferrence for treating of such things as are to be concludit in the
Assemblie, are Mrs John Hall, Robert Pont, George Gladstones, David
Lyndsay, Alex^r. Rawsone, Peter Blackburne, John Strauchane, David
Rate, Alex^r. Forbes, James Nicolsone, Robert Howie, James Melvill,
Robert Wilkie, John Carmichaell, Alex^r. Lyndsay, William Glass,
Patrick Scharpe, James Balfoure, Walter Balcanquall, James Law,
John Spotswood, John Clappertoune, John Knox, David Barclay, W^m.
Hamiltone, Nathaniell Inglish, John Hay, Andrew Lambe.
Sess. 2^a.
The said day, being callit, Mr George Gladstones, minister at St
Androis, qwha was direct be the last Assemblie to have remainit
for ane quarter or ane half year with the Marques of Huntlie,
to the effect, be his travells and labours, the said Noble Lord
and his family might be informit in the word of truth presently
profest within this realme, and the enemies thereof debarrit from
his company,--to give an accompt of his diligence done in his said
Commission, the said Mr George compeirand, declared that at the
tyme of his journeying northward for visitatione of the Presbytries
of Cathnes and Sutherland, he addressed himself to the Marques of
Huntly, and remained with him the space of three dayes, dureing
the qwhilk tyme he conferred with him anent the controvertit heads
of religione, and desyred of his Lordship that he wold schaw him
qwherin he doubted, that to the effect be his conferrence he might be
resolvit of such heads thereof as yet he was not fully satisfyit,
qwhilk his Lordship promised to doe at his back-coming; and
lykewayes, having demandit why his Lordship’s kirks were not plantit,
and why he resortit not to the preaching at the ordinare tymes in
paroche kirks? To the first he answerit, that the non-planting of
his kirks proceeds upon the not giving licence to the parsones of
the saids kirks to renew his tacks, conforme to the promise made
to his Lordship be the Commissioners of the Assemblie, at the tyme
his Lordship grantit to ane augmentatione of the rent of the said
kirks. As to the second, he could not well resort to the paroche
kirk, partly in respect of the meine rank of such as were within the
paroche, and pairtly in respect his Lordship’s predecessors were in
use to have ane chappell in their awne house, qwhilk he was myndit
to prosecute now, seeing he was presently prepairing his house of
Strathbogie. The said Mr George being demandit, why he made no longer
residence with his Lordship, conforme to his Commission, answerit,
he could not, because the Marques of Huntlie was upon his voyage
southward, at his Majestie’s directione, for reconciliatione of the
feud betwixt him and the Earle of Murray, qwhilk feud was the cause
why his Lordship could not communicat.
Being callit lykewayes, Mrs Alexander Lyndsay and William Cowper,
Commissioners appoyntit be the last Assemblie to await upon the
Earle of Erroll for the effect forsaid, compearand, Mr Alexander
Lyndsay declareit, that he had awaytit upon the said Noble Lord
dureing his remaining in the Carss of Gowrie, and that he fand him
ane diligent hearer of the word; and having requirit of him, if he
doubtit of anything, his Lordship answerit, that, at the tyme of
his reconciliatione, he did the samen unfainedly, and had casten
all scruples away. As concerning the planting of his kirks, that he
had provyded the samen of his awne benevolence, and that he wold
communicat at such tyme as the samen should be administrat at any of
his awn kirks, whereat his residence should be for the tyme.
Being callit, Mrs John Spotswood and James Law, Commissioners
appoyntit to await upon the Earle of Angus, Mr John Spottswood
excused himselfe, because he was direct be his Majestie to awaite
upon the Duke of Lennox in his ambassadrie to France, in respect
qwhereof, Mr James Law being appoyntit Commissioner conjunctly
with the said Mr John, could doe nothing him alone; but because it
was reportit be the haill brethren of these parts qwher the said
Earle does haunt, that he did neither resort to the hearing of the
word, nor participatione of the sacraments, but, be the contrair,
intertaint profest enemies to the religione in his company, such as
Mr Charles Broune; therefore, to advyse in the conferrence for remead
thereof.
Being callit, Mr John Carmichaell, Commissioner appoyntit to awayt
upon my Lord Hoome, declareit, that he execute no part of his
Commission, be reason of the saids Lord’s absence furth of the
countrie. The lyke excuse was usit be Mrs David Lyndsay and John
Hall, qwho were appoyntit for my Lord Herres, in caice he repairit to
Edinburgh, declarit to remaine a schort space in the said towne.
Anent the Commissioners appoyntit be the last Assemblie to await upon
the constant platt, my Lord Collector being present, declareit that
the stay of that wark proceidit upon the default of the presbytries,
qwho, for the maist part, had neither returnit ane answer of his
Majestie’s letters, direct be his Commissioners, of the constant
platt without the qwhilk they could not proceed, and therefore the
Assembly ordaynes such as had not reportit their answers, to produce
them the morne.
Anent the Commissioners appoyntit for visitatione of presbytries,
the Assemblie ordaynes them to give in their diligence in write the
morne, that the samen may be tryit and considerit be the Assemblie,
and because there hes been slackness, or no executione of such
Commissioners in tyme bygane, be reason of carelessness of such as
were appoyntit to accept the same; Therefore it is ordaynit, that in
tyme comeing, such as shall be appoyntit Commissioners on them, and
promise be their oathes in the face of the Assemblie to doe their
faithfull and honest diligence in the executione thereof, and to
report the same to the next Assemblie, in wreit, under the paines
contained in the acts of the Generall Assemblie, being callit be the
Commissioners of the Generall Assemblie to give accompt of their
proceedings sen the last Assemblie, they were ordaynit to give in
their diligence in write the morne.
The qwhilks things being considerit be the Assemblie, it was thought
most expedient that certaine qualified persones be chosen out of
the ministry, for planting of such parts of the countrie as are
destitute of the word of God, and specially, that qualified men be
chosen out to be appoyntit ministers to the particular families of
the said noblemen, and lykewayes that the cautioners of these that
are suspect of religion, and were be his Majestie ordayned to pass
off the countrey be straitit, conforme to their bond, and specially
for Patrick Butler, Patrick Mortimer, and wthers, and themselves be
lykewise charged for breaking of the said bond.
Sessio 3.
Anent the summonds raisit at the instance of the provinciall of
Lothiane and Tweddall, against Dame Helenor Hay, Countess of Lithgow,
makand mention, That in the proces of excommunicatione led and
deducit against her, be the presbytrie of Lynlithgow, she had made
appellatione from the said presbytrie unto this present Assemblie,
and therefore ordayning her to be summoned to compeir before this
Assemblie, the third day thereof, to prosecute her appellatione,
with certificatione, and schoe failziet, the Assemblie wald allow
of the proces led and deduced against her be the said presbytrie,
as at mair lenth is contained in the saids summonds, of the date,
at Edinburgh, the 3d of Nov. 1602:--the samen being callit, the
Assemblie continowes the same in the selfe same force and effect to
the morne.
The brethren appoyntit for visitatione of the presbytries in the last
Assemblie qwho were ordaynit this day to produce their diligence in
wreit, being callit, compeirit Mrs David Lyndsay and John Spottswood,
Commissioners for Clydsdaill, Mr Andrew Knox, for Aire; Mrs James
Nicolsone and Robert Harvie, for Fyfe; Mr Robert Durie, for Orknay;
and Mr George Gladstanes, for Cathness; and producit their diligence
in wreit. The rest of the Commissioners either were not present or
had done no diligence: Qwhilks diligences producit, the Assemblie
ordaynit to be visited be the brethren, Mrs John Hall, Walter
Balcanquall, Patrick Walkingshaw, Archibald Moncreiff, and James
Andersone, and thereafter to report what they have found in it to the
haill Assemblie.
The said day, the Commissioners qwho were appoyntit in the last
Assemblie, for planting of burrow townes, vaikand and waitand
upon his Majestie, qwho were ordaynit this day to produce their
diligence and proceedings in wreit, to the effect they might be
tryit be the brethren, and either allowit or disallowit, conforme
as they deserved,--being callit, they compeirit; and in name of
the rest, Mr James Nicolsone, minister at Meigle, producit their
proceedings in wreit, qwhilk being openly read in presence of the
haill Assemblie, and the brethren being demandit be the Moderator,
if they had anything to say against the same, or against them in any
other head therefore; after the particular votes of every ane of
the Commissioners was speirit, the Assemblie allowit of the saids
proceedings, and thanked God for the same.
The qwhilk day, the brethren conveint in this present Assemblie,
having considerit nothing is more necessare for the advancement of
God’s glory, and his trew religione within the same, than that the
chieff rowmes and places within the countrey, such as are noblemen’s
houses and families, be plantit with learnit and discreit pastors,
able not only to instruct and confirme the saids noblemen, their
wives, children, and families, in the trew fear of God and sincere
religion presently profest within this realme, but also qwho may be
their provident care and diligence, procure that the families of
such noblemen be not corruptit with the company of profest Papists,
Jesuites, and wthers Seminary Priests, qwho goes about daily to
smore and put out the sparks of trew religione and knawledge of God
kindled in the saids noblemen’s hearts; and because presently such
men cannot be found to undertake the charge of the said noblemen’s
families, as said is, Therefore, the Assemblie hes thought good,
that for a tyme, brethren meitest for the purpose sould be borrowit
from their awne places, to remaine for the space of ane quarter of
ane year, continwally with the saids noblemen, be qwhais labours in
the meantyme, qwhill ane constant and permanent provisione may be
found out for planting of these roumes, the saids noblemen and their
families may be confirmit in the truth, and the enemies thereof
debarrit from their companies, and thereafter to returne to their
awne charges: And in the meantyme, that the presbytries take order
that their places be furnischit dureing their absence, and therefore
they have elect and nominat the brethren following, to await upon the
saids noblemen dureing the space foresaid, viz. Mrs William Scott,
minister at Kennaqwhy, to remaine with the Marquess of Huntlie; for
the Earle of Erroll, Mr Alexander Lyndsay; for the Earle of Angus,
Mr James Law; for the Laird Hoome, Mr James Carmichaell; for the
Laird Maxwell, so long as he remaynes in the Castle of Edinburgh,
Mr Henry Blyth; for the Lord Heres, Mr Robert Wallace; for the Lord
Semple, the Presbytery of Irvine, during his residence within the
same; and in caice he remaine within the Presbytrie of Paisley, the
said Presbytrie to awayte upon him: and lykewyse for the Earle of
Sutherland, the Presbytrie of Edinburgh, because he makes residence
within the same: And in caice any of the noblemen make their
residence any tyme in Edinburgh, or within the Presbytrie thereof,
the Assemblie ordaynes the Presbytrie of Edinburgh to direct two
brethren of their number, with the like power as the brethren above
specifeit, to awayte upon every ane of the saids noblemen that shall
be found resident within their Presbytries; qwhilks brethren forsaid,
and every ane of them, shall receive the articles in wreit frae this
Assemblie, wherein they shall travell with the saids noblemen; qwhilk
articles the Assemblie ordaynes to be pennit be Mrs James Melvill,
James Nicolsone, Patrick Galloway, William Scott, and Alex^r Lyndsay,
to be given in the morne to the Assemblie, that the brether may
consider the same, the tenor qwherof follows:
Instructiones for the Brethren appoyntit be the General Assemblie
to attend upon the Noblemen above specifeit.
1. First, ye shall adress yourselves with all convenient diligence
and necessar furniture to enter in the companie and families, and
there to remaine still with them for the space of three moneths
continuall, dureing the qwhilk tyme your principall care shall be
publick doctrine, by reading and interpretatione of the Scriptures
ordinarly at their tables, and by conferrence at all meit occasions,
to instruct them in the haill grounds of trew religione and
godliness, speciallie in the heads controvertit, and confirme them
therein.
2. Take paines to catechise the families ordinarly every day, ance
or twyce at the leist, or so oft as may serve to bring them to some
reasonable measure of knowledge and feilling of religione, before the
expyring of the tyme prescryvit for your remaining there, and let
this action begin and end with prayer.
3. Preass to have their houses purgit of all persons living
inordinatly, qwhais ill example might be a sclander to their
professione, specially such as are of suspect religione, and found
any wayes bussie in traffiqueing against the truth and quietness of
the estate of the countrey, and be carefull to hold all such persones
forth of their houses and company.
4. Travell to have the kirks plantit with sufficient provision of
stipends and well qualified persones, and procure that be authoritie
and assistance, the discipline of the kirk may have execution within
their bounds.
5. Persuade them to make honest provisione of stipends for the
intertainment of resident pastors at their houses and chiefe
dwelling-places, and to make choice of learnit, grave, and wyse
pastors, to be plantit thereat.
6. Wrge the performance of the articles agriet upon and subscrivit at
the tyme of their reconciliatione, and registrat in the books of the
Assemblie, qwherout of ye shall extract them.
7. Informe the King’s Majestie from tyme to tyme how they have
profited, and what company resortes to them, and qwhat dispositione
their company is of.
Qwhilks articles being read in audience of the Assemblie, the
brethren approvit the same, and ordaynit them to be insert, with the
commission given to the ministers appoyntit to remaine with the saids
Lords, in the books of the Assemblie.
The brethren appoyntit to visite the diligence of the visitors
appoyntit in the last Assemblie, finds fault that in all their
diligences producit, except of Caithnes and of Fyfe, the visitors
hes not exactly tryit the lyfe, doctrine, and conversations of every
minister at his awne kirk and be his awne flock, but nakedly and
slenderly by a generall view of the Synodall Assemblie, qwhilk the
Assemblie finds fault with, and ordayns it to be mendit in tyme
coming.
The qwhilk day the brethren conveint, having ryplie weyit how
necessar it is that ane generall visitatione be for inquyrand in
the life, doctrine, and conversatione of every ane of the ministry
in particular, the qwhilk, albeit it was committit to the charge
of visitors appoyntit to the last Assemblie, nevertheless they, at
the leist the maist of them, hes done small or no diligence in the
executione of that profitable wark committit to their charge, excusit
partly be infirmitie and sickness, and partly be wther necessar
effaires qwherein they were imployit as they alleadgit: Therefore the
Assemblie, not willing that such a necessar and profitable wark sould
want their awne good execution, hes nominate, and be thir presents
nominats the brethren following their very lawfull Commissioners, for
visitatione of the bounds underwritten, every ane of them for their
awne parts as they are particularly designit, viz., for Orkney, Mr
Robert Pont; for Caithnes and Sutherland, Mr George Gladstones, Mr
Alex^r. Rawsone; for Ross, Mr David Lyndsay; for Morray, Mr Peter
Blackburne, Abraham Sybbald; for Aberdeen, Mrs W^m. Scott, Alex^r.
Lyndsay; for Angus and Marnes, Mrs Robert Wilkie, James Melvill; for
Perth and Striviling, Mrs James Martine, James Dalgleisch; for Fyfe,
Mrs James Nicolsone and Robert Howie; for Lothiane, Mrs Patrick
Scharp, John Cowper; for Merss and Teviotdale, Mrs John Carmichaell
and James Law; for Clydsdaill, Mrs John Spottiswood, William Arthure;
for Aire and Irving, Mrs Andrew Boyd, John Hay; for Nithsdale and
Annandale, Mrs John Knox, Patrick Schaw, John Smith; for Galloway,
Mrs John Welsche, Hew Fullertone; for Argyle, Mrs Andrew Knox, Andrew
Lambe: Givand, grantand, and committand unto them conjunctlie, and in
caice of sickness of any ane of them, with power to the wther, &c.,
to try the brethren of the ministry within the bounds particularlie
committit to every ane of their charges respective, in their lyfe,
doctrine, qualificatione, and conversatione, and how they behave
themselves touching the rents of their benefices, qwhether they
haue sett tacks of the samen, but consent of the Generall Assemblie
or not, and so incurrit the sentence of dilapidatione; with power,
also, to try the Presbytries within their visitationes, if they have
keepit their ordinarie conventiones and particular visitationes of
their awne kirks, and wsit and exercisit all things as pertaines to
the Presbytrie; with power, also, to them to try every particular
congregatione within the bounds committed to their visitatione,
and generally, to try every ane of the ministers, presbytry, and
congregatione, conforme to the particular order of visitatione
sett down in this Assemblie; and in caice any fault or enormity be
found be them in any of the saids visitationes committit to them,
with power to censure the same according to the act of the Generall
Assemblie; and as they proceed in their said visitatione, that
they report their haill proces and diligence to the next General
Assemblie, _promitten de rato_.
Sess. 4^a.
The said day it being considerit be the Assemblie, that for inlaike
of ane constant and uniforme order of visitatione of synods,
presbytries, and particular kirks, the labours and travells taken
hitherto hes been almost unprofitable, Therefore, that ane solide
order may be generallie observit in visitationes in all tyme coming
throughout the haill kirks within this realme, the Assemblie ordaynes
the brethren following, viz., Mrs Robert Pont, Patrick Galloway,
James Carmichael, William Scott, and Alex^r. Lyndsay, to advyse anent
the subject of visitationes, and they forme ane order of proces that
shall be wsit in the same in all tyme coming, and to produce the same
in wreit to the Assemblie the morne.
The qwhilk day the brethren having considerit the great travells and
paines taken in [be] their brother, Mr John Howisone, in answering
to Bellarmine in three sundrie volumes, and how profitable the same
will be to the kirk of God, qwhilk he presentit to the Assemblie,
desyring the same to be revysit be them, to the effect, if they be
found worthy, they may be put forth in print, they appoyntit the said
wark to be revisit by Mr Robert Howie, James Nicolsone, and James
Robertsone; thereafter be Mr Andrew Melvill; and last, be Mrs Robert
Pont and John Hall, and to report to the next Assemblie; qwhilks
books are presently delyverit to Mr Robert Howie.
Anent the constant platt, the brether appoyntit to sitt thereupon
with his Majestie’s Commissioners being demandit, qwhat effect their
travells had taken in the same? they producit the conclusione of the
commissioners of the said platt, resolving in three heads, out of the
qwhilk ane should be chosen, as the most ready way for effectuating
the said wark, qwhereof the tenor follows:
Overtures of the Commissioners of the Plat to be devysit with his
Majestie.
If every minister’s stipends being assigned out of the fruits of
the kirk qwhere he serves be the benevolence of the tacksmen, that
they shall grant to the augmentation of the said stipend? If there
shall be ane perpetuall securitie made be the saids tacksmen of
their teinds upone ane speciall grissome, to be condescendit upon
for ilk chalder, for the space of nynteine yeares, to be renewit
yearly thereafter for the said space for the lyke grissome, upon
this conditione, that the said principall tacksmen shall grant and
renew the lyke securitie to their sub-tacksmen, for payment of their
part of the said grissume _pro rata_, qwhere any sub-tacks are? Or
if the great benefices shall be provydit to ministers upon this
conditione, that all the kirks of the prelacies be plantit with
sufficient ministers, and be provydit with competent livings, as the
modifiers of the constant platt shall think expedient, and he to pay
to the King’s Majestie yearly the tent-part of the fruits of the said
benefice qwhilk shall rest, by and attour the sustentatione of the
ministry, and that all the inferior benefices shall be provydit to
ministers serving the cure of the saids kirks, alse well parsonages
as vicarages? Or if all the great benefices shall be dissolvit, and
the prelate to have the principall kirk of the prelacie, with the
temporall lands thereof, and the rest of the kirks to be provydit
with qualified ministers, and the said prelat and titulars of the
saids kirks to pay ane yearly dewtie to his Majestie, as the benefice
may beir at the sight of the Commissioners forsaids?
Qwhilks overtures being read in presence of the Assemblie, it was
ordayned that every synod should have ane copie of them to be advysit
therewith, until the morne, that they might give their advyce to his
Majestie, qwhilk of [the] three were maist meet to be imbracit.
Anent the referres and petitiones of the Synod of Fyffe given in
to this present Assemblie, to be advysit upon be the samen: the
brethren nominats Mrs James Melvill, Robert Durie, John Carmichaell,
William Scott, John Cawden, John Fairfull, James Nicolsone, Andrew
Lambe, Robert Howie, Patrick Scharp, George Gladstanes, and John
Spottiswood, to convene the morne at aught houres, and advyse upon
answers for satisfaction of the said petitiones, and to report the
samen to the Assemblie; qwhereof the tenor follows:
The Articles of the Synod of Fyffe.
1. It wald be meinit be the Generall Assemblie that they are not
ordinarly keepit, notwithstanding of the acts of Parliament and
Generall Assemblie, and necessitie of the tyme, but the dyats thereof
alterit without the knowledge of the presbytries and synods.
2. That ministers are callit before his Hienes’ Secret Council, _in
prima instantia_, for doctrine and discipline, qwhilk is ane great
incouragement to the enemies.
3. That all applicationes in exercise of presbytries is found fault
with, under the pretence of the act of the Generall Assemblie, the
qwhilk act therefore wald be sichtit and cleirly interpreted.
4. That the government of the chief matters of the Kirk continows in
the hands of a few number, under the name of a Commission, to the
prejudice of the liberties of the Synods and Presbytries.
5. That the Doctors beiring ordinar calling in the Kirk, be the
discipline and custome thereof, are debarrit from the Assemblies.
6. That the Assemblie hes taken no tryall, hithertill, anent the
cautiones sett downe for avoyding of corruption in the Commissioners’
votes in Parliament.
7. That the absence of the pastors of Edinburgh, alteratione of the
ministry thereof, qwhilk was the chief watch-tower of our kirks,
hurts greatly the cause of religion and encourages the enemies.
8. That there is distractione in opiniones different from that
consent of hearts, qwhilk hes been in the Kirk before, in weighty
causes, and over little consideratione, deliberatione, and reasonyng
had, qwherby conclusions pass, almost the halfe of the brethren
gainsaying.
9. That the land is defylit, and the Kirk indamnadgit, be the French
Embassador’s messe.
10. Excommunicat persones for Papistrie sufferit to haunt the
countrey publickly and peaceablie.
11. That the noblemen lately releicit fra excommunication for
Papistrie, gives no token of the profession of the truth, but raither
the contrair.
12. That apprehendit Papists’ directions and letters are keepit
closs, and the danger imminent thereby to the Kirk not communicat
to the watchmen, whereby they may make the faithfull warning, and
prevent the perrill.
13. That the discipline of the Kirk against murther, incest, and
adulterie, is not pursued with that holy severitie that becomes,
notwithstanding of the frequent remissions obtainit be criminall
persones, for eschewing of civill punischment.
14. That the remedies sett downe againes apprehendit dangers at
diverse tymes, and at diverse meetings of the Kirk, are not followit
furth.
Anent the act made of before, against such persones as abstaines from
the holy communione, either for Papistrie or collour of deidly feuds,
The Assemblie ordayns that every ane of the ministry keep this order
following within this Kirk, to witt, That he warne such persones be
the space of {blank space} moneths before the communione to compeir
themselves for the samen, qwhilk beand done, and they disobeyand,
that every minister incontinent thereafter, send the names of the
disobeyers subscrybit with his hand to ane of the King’s Majestie’s
ministers, qwha shall intimate the same to his Majestie and his
Hienes’ Thesaurer, to the effect that his Majestie’s Thesaurer may
put the acts made against non-communicants to executione against
them, and that every presbytrie command the ministers within their
presbytrie to be diligent in the executione of this act.
Because it was meint be the brethren, that the supplicatione made in
the last Assemblie to his Majestie anent the restrayning of noble
and gentlemen’s sonnes, that passes furth of the countrey to such
places qwher there is restrainit of the trew religion, Therefore his
Majestie declairit, in presence of the haill Assemblie, that he wald
give ane command to the Secretar that he sould subscryve no warrant
for passing of noble or gentlemen’s sonnes furth of the country,
except they first fand cautione conform to the tenor of the act made
in the last Assemblie anent passing of gentlemen’s sonnes furth of
the country.
The said day, the King’s Majestie having declareit that it was
requisite that his Hienes had ane wther minister adjoynit unto his
house, to the effect his Prince might be brought up in the trew
religione, Therefore the Assemblie transports Mr James Nicolsone from
the kirk of Meagle, and appoynts him to be minister at his Majestie’s
house, to the effect foresaid, and ordaynes him to enter in the
said functione betwixt and the 15th day of February nixt to come,
under the paine of deprivatione, provyding he be first sufficiently
provydit be his Majestie; and lykewayes ordaynes Mr Andrew Lambe to
enter to his cure in his Majestie’s house, betwixt and the first of
January nixt to come, under the said paine.
Anent the planting of the kirks of Edinburgh: John Robertsone and
George Herriot, Commissioners for the said towne, being callit,
declarit that for the present they had but three kirks, qwhilk
already were plantit with sax ministers, and qwhen as their fourth
kirk, qwhilk is presently bigging, is compleit, they would crave
supplement of wther two ministers.
Sess. 5^a.
The brethren appoyntit for penning the forme and subject of
visitatione of kirks, gave in their advyce as followes:
The visitors shall appoynt two or three dayes for the tryall of every
presbytry within the bounds of their visitatione, and be the space of
ane moneth, or twenty dayes, at the leist, before their edicts, they
shall make the presbytries acquaintit therewith, and send them the
edict following, to be published at every paroche kirk be some other
brother then the minister of the place, that it may be dewly execute,
reportit, and indorsat, to the visitors at the first dyet of their
meeting.
Let the edicts be so direct be the Presbytries that ane equall number
shall be tryit in every ane of the dayes appoyntit for tryall of ilk
Presbytrie, and the Commissioners of congregationes to be chargeit to
their awne dyets accordingly.
Try the estate of every minister particularly, thereafter the estate
of the congregations and countrie, and last the estate of the
Presbytry in generall.
The particular Tryall of Pastors.
Try ilk Pastor seuerallie in his graces and habilitie to discharge
his calling, in his furniture of books and necessare helps that
may inable him in his calling, with what fidelitie and prudence
he discharges himself in doctrine and discipline in his lyfe and
the estate of his living. For this effect, inquyre first of the
commissioners of his congregatione, what testimonie he hes of his
awne sessione and remanent of his flock, and in speciall if he be
resident in his parochine, upon his manss and gleib;--if his awne
life and the goverment of his family be such as breeds no offence,
but edifies his flock;--if he teaches every Sabbath ance or twyse,
and if he teaches any wther dyets in the week;--gif he ministers
the communion yearly with dew examinationes preceeding; if he hes
ane established session of elders and deacons; if he keeps ane
weekly conventione with his session for the exercise of discipline;
if he catechises weekly ane part of his parochine; if he keeps ane
ordinar visitatione of some families of his congregatione weekly;
if he visits the sick and distressed qwhen occasion requyres; if
he be carefull to take away all eylists and variances that falls
out in the congregatione: Thereafter, if neid beis, let him be
tryit be opening up some place of Scripture, and be questions; let
it be inquyrit of him what helpe he hes for the advancement of
his studies; if he hes the text of the Scripture in the originall
languages, in caice he be sene in the tongues; if he hes Tremellius’
translatione of the Old Testament and Beza’s of the New, with the
vulgar Inglish translatione; if he hes the Common Places; if he
hes the Ecclesiasticall historie; what Commentaries he hes upon
the Scripture, and speciallie upon his ordinar text; if he hes the
Acts of the Councill of {blank space} and what wther wreits of the
controversies of religione, and if he uses the conferrence of
brethren for his reformatione in the doubts that he finds in his
reading, and of qwhom; if he hes ane ordinary course of reading the
Scriptures, ecclesiasticall stories, and controversies; if he maks
any memorialls of his travells in wreit; what is his ordinar text;
if he be provydit in title of the personage or viccarage, and if
he have sett any tacks thereof, to qwhom and on qwhat conditione;
in qwhois hands are the rents of his kirk, and qwhat is the best
overture that he can give for provisione of a stipend thereat, in
caice it be not already sufficiently provydit, and sicht the Sessione
Book. The breither beand removit, let the Presbytrie be inquyrit ane
by ane, and declare wpon their conscience qwhat they knaw anent his
graces, fidelitie in doctrine and discipline, and anent his lyfe and
conversatione: after the qwhilk tryall let him be judgit, and either
allowed or admonisched, or wtherwayes censured, as the cause requyres.
The Tryall of the Congregationes.
Try every minister particularly if there be any Jesuites, Papists,
Seminarie Priests, traffiquers against the estate of Religione and
quietness of the country, within their congregatione, or resetters
of them: if there be any witches, excommunicats, contraveeners of
the discipline of the Kirk; if there be any superstitious dayes
keepit be setting out of banefires or wtherwayes; if there be any
superstitious places of pilgrimages, walls, and chappells; if there
be any non-communicants; if there be any homicides or deadly feuds;
if there be any adulterers or incestuous persones; if the Sabbath
be profaned be keeping of mercats and labouring, specially in tyme
of harvest: and as they finde in the premisses, to take order for
reformatione of the poynts forsaids.
Tryall of the Presbytries.
Let the Moderator be inquyrit if they keep up ordinar conventions;
if they have the monethly discourse upon the common heads and
disputationes; if they visite the haill kirks within their bounds
sen the last generall visitatione; if they take weekly and monethly
accompt of their breither’s diligence in the discharging of their
dewtie be teaching and visiting of their families, and such lyke; if
there be any of the number that be insolent and will not acquiesce
in the determinationes of his brethrene; if there be any eylist or
divisione amang the brethren; qwhat unplantit kirks are in the bounds.
Qwhilk forme the Assemblie thinks good, and ratifies and approves the
same, and ordaynes it to be universallie observed in all tyme coming
in all visitationes within this realme, and ordaynes the power of the
visitors to be direct conforme to the acts of the Generall Assemblie.
The said day, the brethren appointit to visite the petitiones of the
Synodall of Fyffe condescendit upon the answers following:
Answers to the Petitiones of the Synod of Fyffe.
1. Finds that the Generall Assemblie should be appoyntit to be keepit
according to the act of Parliament, halden at Edinburgh the 5 of June
1592 years, qwherof the tenor followeth, so far as concerns that
poynt: “And sicklyke ratifies and approves the Generall Assemblies
appoyntit be the said Kirk, and declares that it shall be lawfull to
the Kirk and ministers every year, ance at the least, and oftener,
_pro re nata_, as occasion and necessitie shall requyre, to hald and
keep Generall Assemblies; provyding that the King’s Majestie, or his
Commissioners with them, be appoyntit be his Hienes, being present
at ilk Generall Assemblie before the dissolving thereof, nominat
and appoynt ane tyme and place qwhen and qwhere the next Generall
Assemblie sould be; and in caice neither his Majestie nor his saids
Commissioners beis present for the tyme in that towne qwhere the
Generall Assemblie beis halden, that in that caice it shall be
leisume to the said Generall Assemblie be themselves to nominat tyme
and place qwher the next Generall Assemblie of the Kirk beis keepit
and halden as they have been in use.”
2. If his Majestie shall proceed against ministers according to
his Majestie’s awne declaration made and inactit in the Generall
Assemblie halden at Dundie {blank space} Session 10, the desyre of
the second article is satisfyit, and no wther thing meinit therby.
3. Thinks it expedient that the Act anent the applicatione in the
exercise be interpret not to forbid the wseing of the word of God
in applicatione to the generall ends thereof, qwhilk is lawfull
to exercise after this manner. This head of doctrine serves for
refutatione of such ane error, for the rebuke of such ane vyce,
for comforting of a person or people in such a case; and as for
particular and personall applicationes, leaves it to be advysit
qwhither it shall be in tyme coming or not, and how far any thinks
good that this be reasonit in the Presbytries, and then commission
sent with their reasons to the next Assemblie thereanent; and, in the
meantyme, no invocatione to be wsit anent personall applicationes.
4. Let all commissiones be giuen and wsed from this furth, according
to the four acts of the Generall Assemblie.
5. Finds that doctors hes had, and may have, vote in the Generall
Assemblie, they havand ane lawfull commissione for that effect,
according as it hes been found and declarit be the Generall Assemblie
halden at Edinburgh 10th Maii 1586, and at {blank space} 1581, qwher
it is found and declareit be the act of the Generall Assemblie, that
doctors should concurr with the elders as brethren in all Assemblies.
6. Let the caveats be lookt to and precisely keepit in tyme coming,
under the paines contained in the acts made thereanent answerit in
the Assemblie.
7. Acquiesces in the declaratione of the brethren that hes spoken to
his Majestie thereanent, and desyres Mr Walter Balcanquall to schaw
the same to the Assemblie, and how the Presbytrie of Edinburgh is
satisfyit in this poynt.
8. Let their names be given up, that his Majestie may take order
with them according to the lawes, and in speciall with Captain
Halkerstoune, Patrick Butler, Mr Alex. Leslie, Duncane Law, Thomas
Browne, William Leslie, Patrick Mortimer.
9. Endit in the Assemblie.
10. To acquiesce in his Majestie’s declaratione hereanent, and
requests his Majestie that the Presbytries be acquainted hereafter,
in such case qwher it shall be needfull.
11. Where there is negligence in this poynt, let it be amendit
hereafter, according to the acts of the Assemblie.
12. Let farther diligence be wsit, qwhare negligence hes been.
Qwhilks answers the Assemblie allows of, and ordaynes them to be
insert in the books of the Assemblie.
The qwhilk day the Generall Assemblie havand advysedly considerit the
necessitie of appoynting Commissioners from this present Assemblie,
not only to await upon such affaires as shall be for the weill and
utilitie of the Kirk, but also to giue advyce to his Majestie anent
the halding furth of the enemies of the same, qwhen they shall be
requyrit be his Majestic thereto; Therefore the brethren convenit
in this present Assemblie hes giuen and grantit, lyke as they, be
the tenor heirof, giues and grants their full power and commission
to the brethren under written, viz. Mrs Robert Pont, David Lyndsay,
George Gladstanes, David Hoome, John Clappertoune, John Knox,
John Spotswood, Alexander Lyndsay, Robert Howie, John Hall, John
Caldcleuch, John Strachan, Andrew Knox, Gavin Hamilton, James Law,
Andrew Boyd, Alexander Dowglass, Alexander Forbes, Andrew Leitche,
Robert Wilkie, Patrick Scharp, Peter Blackburne, and Patrick Simsone,
with the King’s Majestie’s ministers, or any nyne of them,--Givand,
grantand, and committand to them their full power to plant such kirks
in Burrowtownes, as is or shall be destitute of pastors: Attour,
if it shall happen the King’s Majestie to be greivit at any of the
ministers for qwhatsoever enormitie committit be any of them against
his Hienes, with power to them, or any nyne of them, as said is, to
try and cognosce thereupon, and to take such order thereanent as they
shall think meit, to the glory of God and weill of the Kirk; and,
finallie, with power to them to present the grieves and petitiones of
this present Assemblie to his Majestie’s secret Councill and generall
Conventione of Estates and Parliament, if any shall happen to be, and
to crave redresse of the samen--_promitten de rato_.
The said day, the Assemblie, considering that the conventiones of
the people, especiallie on the Sabbath day, are very rare in many
places, be distractione of labour, not only in harvest and seed-tyme,
but also euery Sabbath, be fisching both of whyte fische and salmond
fisching, and in ganging of milnes of all sorts on the Sabbath day,
under the payne of incurring the censures of the Kirk, and ordaynes
the Commissioners of this present Assemblie, to meine the same to his
Majestie, and to desyre that ane pecuniall paine might be injoynit
upon the contraveiners of this present act.
Anent the overtures giuen in be the Commissioners of the constant
platt, with the qwhilk the brethren were ordaynit to be advysit:
after mature deliberatione and voteing, the Assemblie thinks the
second overture most expedient to be acceptit, bearing the provisione
of ministers to all prelacies, with the conditiones therein contenit,
as is above exprest.
Anent the planting of the kirks within the bounds of Annandale,
qwhilks hes been desolate continually, sen the reformatione of
religione within this realme, after that the King’s Majestie had
made declaratione of his godly intentione thereanent, how that
his Majestie was myndet to cause the barrones and gentlemen of
Annandale, at their compeiring before his Hienes, qwhilk will be
schortly, find sufficient cautione and seurtie for provisione of
reasonable and competent livings to every ane of the kirks within
the bounds of Annandale, and therefore desyrand that ane number of
qualified men may be provydit for to enter in the ministry at the
kirks within the saids bounds.
The Assembly ordaynes every ane of the Commissioners present to
give in the names of such persones qwho are vaikand within their
presbytries, and willing to enter in the ministry, to the effect they
may be exhortit and earnestly dealt with be the Commissioners of
the Generall Assemblie, qwho shall plant them in places they think
maist meet, for to accept upon them the cure of the saids kirks, how
soone sufficient provisione may be found out for them, and security
for themselves; and in caice that after all the discretione be wsit
with them, they then refuse to accept the saids callings upon them,
the Assemblie declares that they shall be counted incapable of the
functione of the ministry, ay and qwhill they meine themselves to the
saids Commissioners, qwhais calling and directione they refuised,
and be content to be employit in any part qwher they shall think
expedient; and in caice they be already actuall ministers, and crave
transportatione, if they refuse to be transportit to any of the saids
vaikand kirks, the Assembly finds that the liberty of transportatione
sall be denyit unto them, so that they shall remaine at the saids
kirks, from the qwhilks they crave to be transportit.
The names of those that are vaikand.
_Brechine._
Mrs Henrie Fullartone.
Thomas Hague.
Mr Dougal Campbell.
_Aberbrothock._
Mr Thomas Glover.
_Dundie._
Mr David Lyndsay.
Mr John Scrymgeour.
_St Androis._
Mrs Wm. Wedderburne.
Peter Bruce.
Mrs David Wilkie.
David Kynneir.
_Perth._
Mrs Thomas Ross.
James Ross.
Mrs Alex. Balnauis.
Patrick M‘Gregour.
_Merss._
Mrs John Spottswood.
John Gibsone.
Mr Wm. Struther.
_Irvine._
Mrs Robert Boyde.
James Montgomrie.
Mrs Mal. Hamiltoun.
Ro^t. French.
_Lanrick._
Mrs George Clidesdaill.
David Lyndsay.
Mr David Rodger.
Acta Sessione 6.
Anent the supplicatione given in be Alexander Stewart of Gairlies,
Provost of Dumfries, in name and behalf of the councill and
commontie of the said towne, makand mentione, that qwhere [be] the
transportatione of Mr Hew Fullertone, sometyme minister at their
said kirk, the estate of their congregatione is altogether desolate
in such sort, that for inlaike of ane pastor qwho should attend
upon their flock, and to caire the weill of their soules, they are
not only depryvit of the spirituall food and comfort of the word,
but also their towne is become ane seat of excommunicat Papists and
Jesuites; desyrand therfor this Assemblie to consider their miserable
estate, and to provyde some qualified men to be their pastor; and in
speciall, ane of the leits given in be them, viz. Mrs David Barclay,
Wm. Arthure, Alex. Scrymgeour, Wm. Watsone, or Hew Fullartone;
promising that not only they wald be reverent hearers of the word,
but also that they wald assist and concur with him that shall be
nominat to be their pastor, in the executione of discipline of the
Kirk to the uttermost of their power; as at maire lenth is containit
in their said supplicatione: The Assemblie, after voteing, hes chosen
Mr Wm. Arthure to be minister at Dumfreis, quham they ordaine and
appoynt to be minister at the said kirk, after incalling upon the
name of God.
The said day it was thocht good be the brethren, to be meinit, that
notwithstanding his Majestie’s good meaning and intention to have all
the kirks within this realme sufficiently plantit with ministers with
competent livings appoyntit for them, and albeit it was provydit be
the act of Februar, and approvit in Parliament, that all the thirds
of the benefices sould be applyit to the wse of the ministry ay and
qwhill the kirks were plantit, and that, pensiones given in prejudice
thereof should be null, yet be importune suiting, ane great part of
the saids thrids are disponit in pensione, to the great hinderance
not only of the present provisione of the ministry, but also of the
constant platt qwhilk his Majestic intends; desyrand therefore that
his Majestie were informit thereof, and tak such order that the saids
dispositiones made in contrair the said act of Februar should be
retreatit, and that command sould be given to the modifiers of the
platt of this instant year, to assigne out of the saids pensiones for
planting of kirks, notwithstanding of the saids dispositiones: The
qwhilk his Majestie maist willingly grantit, and promised to stay all
further giftes in all tyme coming.
_Item_, The Assemblie thocht expedient to adjoyne and nominat
wthers out of the number of the brethren to be adjoynit to these,
qwhilks were nominat be the Commissioners of Provinces conveint at
Halyrudehouse, the 15th of October 1560, out of the qwhilk number
his Majestie should make choyce of such as he should present to the
benefices vaikand. The names of them all are as follows: Mrs Robert
Pont, Robert Howie, James Nicolsone, Alex^r. Scrymgeour, John Forbes,
Gavin Hamilton, George Munro, James Robertsone, John Howiesone, James
Melvill, Andrew Knox, Patrick Galloway, Alex^r. Douglass, Alex^r.
Lyndsay, Robert Wilkie, John Spotswood, William Malcolme, Alex^r.
Forbes, John Knox, Andrew Lambe, John Clappertone, George Grahame,
Robert Bruce, John Carmichaell, Patrick Lyndsay.
Anent the request made be the moderator, in name of the haill
Assemblie, to his Majestie, in favours of Mr Robert Bruce: his
Majestie declarit that he wold doe in that matter be the advyce of
the Commissioners of the Generall Assemblie, and Mr Rob^t. be his
awne behaviour should give him occasione; and because Mr Ro^t. Bruce
had be his missive direct to his Majestie before his departure off
the countrie, as also by the ratificatione and farther examinatione
and explanatione thereof, in write, at Perth, the 26th of July
1602, declareit his resolutione of his Majestie’s innocencie, and
guiltiness of the Earl of Gowrie and his brother, and promised to
direct the people so farr as in him lay, from their lewd opinions and
uncharitable constructiones anent his Majestie’s actiones, namely, in
this turne; Therefore, his Majestie desyrit the determinatione of the
Assemblie, qwhither, if the said Mr Robert sould likewise make the
same declaratione in pulpit, according as it is at lenth sett downe
in the said missive and explanation thereof, at Perth, qwherof the
tenor follows:
Please your Majestie: Hearing that your Majestie was nothing relentit
of your wrath against me, and now being upon the poynt to schaw my
obedience to your Majestie’s last charge, I could not omitt this as
my last dewtie, to intreat your Hienes’ clemencie, and to mitigat
the extremetie of this intendit wrath. I am not ignorant that the
wrath of the Prince is the messenger of death; so that I crave that
the Lord for Christ’s sake may add his blessing and work effectually
in your Grace, as he shall see expedient for his own glory and your
Majestie’s perpetuall preservatione. Then to be schort: To schaw my
conformitie with the rest of my brether of the ministry, as at all
tymes, so now especially, to schaw my reverence to your Majestie,
and to clear my suspectit affections herein, I offer to give to the
Father of our Lord Jesus Christ, in him, and through him, most hearty
thanks for all your Majestie’s deliveries, from your cradle to this
present houre. But namely, for that deliverie qwhilk he delyverit to
your Majestie, in St Johnstoune, on Tuesday the 5th of August, farr
above all your Majestie’s deserts, and your Majestie’s expectation. I
offer also to steir vp the people to that same dewtie, and attour to
divert the people so farr as in me lyes, from their lewd opiniones,
and uncharitable constructiones of your Majestie’s actions,--namely
in this turne. _Finallie_, there is no dewtie that your Majestie can
crave of men, without the manifest offence of God, and hurt of my
own conscience, but I will doe it with alse good ane heart as ever
I did thing in the earth: That if by any meanes I might testify my
good affectione toward your Majestie my Sovereigne, and to enjoy
my naturall air, and such wther comforts as the Lord hes given me
under your Majestie’s reign, qwhilk I most humbly crave of your
Majestie--beseekand the Lord to move your heart hereunto for Christ’s
sake: So waiting of your Heines’ answer in all humility, I take my
leave.--_Sic subscribitur._
Mr ROB^T. BRUCE.
And upon the back thereof, “At Perth, the 26th of June 1600.
Farther, concerning the heids within containit, I am resolvit of his
Majestie’s innocencie, and the guiltiness of the Earle of Gowrie and
his brother, according as it is declareit be the act of Parliament,
and therefore acknowledges the great mercy of God towards his
Majestie’s haill Kirk and countrie; in his Majestie’s delyverance,
for the qwhilk I thank God from my heart.--_Sic subscribitur._
Mr RO^T. BRUCE.”
The qwhilk, the haill Assemblie, after voteing, thought not onlie
reasonable, but also concludes that the said Mr Robert aucht to doe
the same.
Anent the supplicatione given in be Mr Robert Pont, minister at St
Cuthbert’s Kirk, desyrand, in respect of his great age, and long
travells taken in the Kirk of God, and continwall seikness qwhilk
followeth age, that he might be relieved from the ordinare burden of
teaching, upon condition that he shall substitute ane in his place
when as through infirmitie he sould not be able to teach himself: The
Assemblie thinks his sute reasonable, and therefore condescendit unto
the same.
_Item_, Because his Majestie declarit that he was informit that
sundry of the ministrie neglectit that part of their duty towards
his Majestie in not giving thanks to God for the wonderfull delivery
of his Majestie from the treasonable attempt at St Johnstone of
sometyme John Earle of Gowrie, and his brother, upon every fifth
day of August: Therefore the Assemblie statutes and ordaines that
in all burrow townes within this realme there be ordinar teaching
and preaching every Tuesday, in remembrance of the delyverie of his
Majestie that day of the week, and that every fyfth day of August
there be preaching within every paroche kirk within this realme,
to burgh and land, thankand God of his Majestie’s delyverance that
day of the moneth; and because the people in landwart parochines
cannot so easilie be conveint as in the burrow townes, therefore,
and for better convening, it is ordainit that every minister at
the landwart kirk shall, upon the Sunday preceding the 5 of August,
make intimatione to his parochiners to convene the said day in the
kirk with him, to give God thanks for his Majestie’s delyverance.
And to the effect that all ryotousness, drunkenness, and wther
filthie exercises, may be restrainit, his Majestie promised to
cause all insolencie in behaviour to be dischargit and forbidden
yearly, be open proclamatione, and magistrats to take order with the
contraveiners thereof.
_Item_, The Assemblie ordaynes that no marriages be celebrate early
in the morning or with candlelight, and finds lykewayes that it is
leisum to celebrate the said band of marriage upon the Sabbath day,
or any wther preaching day, as the pairties shall requyre and think
expedient: and ordaynes the same to be indifferently done, and that
no ryotousness be used at the same upon the Sabbath day.
_Item_, It is statute that the sacrament of baptisme be not refusit
to any infants if the parents crave the same, he givand ane Christian
confession of his faith, upon any wther particular pretence, and
specially, that baptisme be not delayit to certaine particular dayes.
Anent the supplicatione given in be Mr Edward Bruce, Abbot of
Kynloss, makand mention, that qwher he havand ane tacke and
assedatione of the kirk of Tarbet, sett be Mr John Monro, and
lykewayes be Mr David Lyndsay, Bishop of Ross, the yearly dewtie
qwherof, albeit it extends only to the soume of two hundreth punds,
neverthelesse he, for the better intertainment of the actuall
minister at the said kirk, hes condescendit to convert the said
soume of twa hundreth punds in twa chalders of bier for ane constant
stipend to the said minister and his successors, ministers at
the said kirk of Tarbett, upon conditione that the ministers of
the Presbytrie of Rosse, qwhilks are of the chapiter of the said
bishoprick, wald ratifie and approve this tack of the said kirk,
qwhilk they wald willingly doe, provyding the Assemblie’s consent
were obtainit thereto, as at mair lenth is contained in the said
supplicatione: The Generall Assemblie ratifies and approves the said
tack and assedatione, sett to the said commendator of the said kirk
of Tarbett, alse weill be the said Mr John Monro as be the said Mr
David Lyndsay, and ordaynes the brethren of the presbytrie of Ross,
qwho are members of the said chapter, to consent to the same be
their subscriptiones, because they understand the said kirk to be
sufficiently plantit be the moyen forsaid.
Anent the supplicatione given in be Mr Patrick Carmichaell,
minister at Aberdour, makand mention, that qwher the Assembly
halden at Montrose in Marche 1600 years, it was concludit that Mr
William Patone should serve the cure of both the kirks of Aberdour
and Dalgatie, and for his service sould uplift the old stipend of
baith the saids kirks, ay and qwhill sufficient provisione be made
for planting of both the saids kirks; and trew it is that the said
complainer is now plantit minister at the said kirk of Aberdour,
desyrand, therefore, to cause the half of the said stipend to be
dimittit to him be the said Mr William in respect of his service at
ane of the saids kirks: The Assemblie finds and decerns the haill
stipend controvertit, to pertaine to Mr W^m. Patone, minister at
Dalgatie, conforme to his assignatione of the cropt 1601, except the
viccarage of Aberdour, qwhilk they adjudge to pertaine to the said
minister of Aberdour.
Anent the supplicatione in the north paroche of Leith, makand
mention, that qwher the Presbytrie of Edinburgh hes erected the said
north paroche in ane parochine, qwhilk is also approvine be the Synod
of Lowthiane, desyrand, therefore, the ratificatione of the Generall
Assemblie unto the same: The Assemblie ratifies and approves the
erectione of the same in all poynts.
Anent the supplicatione giuen in be the inhabitants of the ferrie of
Scottscraig, Garpat, Shannwell, and Muirtaine, makand mention, That
they being a great multitude, and farr distant from their paroche
kirk of Leuchars, they, with common consent of the haill parochiners,
Presbytrie of St Androis, and Synod of Fyffe, had erectit ane paroche
kirk in the said Ferrie, and almost compleited the same, for the
commoditie and use of the people most adjacent thereto, and to give
power to the Presbytrie to annex sic villages as are most adjacent to
the said paroch kirk: The Assemblie ratifies the erectione forsaid,
and gives power to the said Presbytrie to the effect above written.
Anent the supplicatione giuen in be ane Noble Lord, Alexander Earle
of Lynlithgow, makand mentione, That qwher it hes pleasit the
brethren of the last Assemblie to relax Dame Helenor Hay, his spouse,
from the sentence of excommunicatione, and to injoyne certaine
particular conditiones to be observit be hir, qwhilks conditiones,
albeit schoe, of the stubbornness of her heart, wold no wayes
condescend unto, to his great grief and sorrow, nevertheless, the
brethren sould have consideratione of his hard estate, who cannot,
be no law, separate himself from her, notwithstanding that schoe
refuises to hear and obey the wholsome voyce of the Kirk, calling her
to grace in Jesus Christ; and that the rather because he himself, as
he hes continuallie and constantly profest the truth and religione
presently profest within this realme, so he hes used all means
possible to bring his house to the trew knawledge of the same; Lykeas
also he is ready in his power, be all good meanes to draw her to the
truth; desyrand, therefore, the Assemblie to pity his dayly grief,
and schaw him some favour in the mitigatione of her punishment, and
staying of the censure of excommunicatione against her, that he be
not compellit to remaine in societie with her that shall be cutt off
from the society of the Kirk: The Assemblie having considerit the
supplicatione, continows the sentence of excommunicatione against her
unto the nixt Generall Assemblie, provyding that the King’s Majestie
remove his Hienes daughter out of her companie, and lykewise that his
Lordship’s bairnes be catechised in the truth, and that his Majestie
give command to him to debarre all Papists from his house, and that
in the meantyme his Lordship cause deall with his said spouse, to sie
if by any meanes she may be drawne to the knawledgeing of the truth.
Sessio Ultima.
Anent the supplicatione giuen in be the brethren of the Synod of
Glasgow, makand mention, That qwher albeit syndrie tymes they had
discharged, be their acts, Mr George Symple, to have any medling
with the ministry of the kirk of Killelane, for the causes and
considerationes knawn to them, and speciallie for a great myslyking
that specialls of the paroche had of him, nevertheless, he not
only insistit in suiting of the said kirk, but also had obtaynit,
be privie moyen, the consent of the Commissioners of the Generall
Assemblie thereto, for planting of him at the said kirk, the
saids brethren not being heard, nor their reasons in the contrair
discusst, desyreing therefore their reasons to be heard, and after
dew tryall, that the Assemblie wald give their finall sentence in
the said matter, qwhilk they would obey: The Assemblie, after dew
tryall, absolves the said Mr George from all evill crymes and eylists
qwhilk were laid to his charge, either be the brethren of the said
province, or be the parochiners of Killelane, and gives him, be thir
presents, ane testimony of his honest behaviour; but in respect he
was never fully plantit minister at the said kirk, and of the great
mislyking that is betwixt him and sundrie of the saids parochiners
of Killelane, as said is, they think it not good that he be plantit
minister at the said kirk, and therefore ordaynes him to desist
therfrae, and dimitt the presentatione made to him of the benefice
thereof in favours of Mr John Cunninghame, qwham the Presbytrie hes
thought good to be minister at the said kirk, upon conditione that
the said Mr George be first satisfyit be the said Mr John for his
said dimissione, paines and loss, susteinit be him in pleying of
the same: Qwhilk satisfactione shall be presently modified be Mr
John Cowper, arbiter chosen for the said Mr John Cunninghame, and Mr
Robert Pont, arbiter chosen for the said Mr George Simple, and, in
caice of variance, be Mr Patrick Galloway, as odsman and oversman
chosen be both their consents: with provisione lykwayes that the said
Mr George be first plantit at the kirk of Kirkbeane, or any uther
place qwher his Majestie shall think expedient in the south-west
parts, with sufficient provisione for his sustentatione thereat.
The said day, the Assemblie ordaynes Richard Browne to be transportit
to the kirk of Holywood, and that the brethren deall with the Abbot
for ane sufficient provisione to the said kirk, and in speciall Mr
David Barclay, Mr Robert Hunter, and Mr Hew Fullertoune.
_Item_, The Assemblie ordaynes that, in all tyme coming, the licence
be grantit to any beneficit persone to sett tacks, be restraint
aither to ane lyferent tack, or to ane nynetein year tack allanarly.
Anent the supplicatione given in be Mr John Nicolsone of Lesswade,
beirand, that qwher he was kindlie tacksman of the teinds of his
awne lands of Leswade, in respect qwherof he had agreit with Mr
George Ramsay, Deane of Restalrig, for renewing of his said tacks
for payment of ane greater dewtie then they payit of before, so
that the Kirk was sufficiently plantit, to the qwhilks the said Mr
George condescendit, desyrand, therefore, the Assemblie to ratifie
and approve the saids tacks, and declare the same alse sufficient
as if ane speciall licence had been obtained thereto: The Assemblie
ratifies and approves the same taks of the teinds of his awn lands
of Lesswaid, and declares the samen als sufficient, as if a speciall
licence had been obtenit therto.
_Item_, At the earnest sute of the Presbytrie of Clyddisdaill,
Walter, Prior of Blantyre, tacksman of the personage of Glasgow,
had condescendit to give the number of 15 chalder victuall, by and
attour the dewtie of his tacks, for the better provisione of the
ministrie at the said kirk of Glasgow, upon conditione that the
present persone sould ratifie and approve his present tack that he
hes to runne of the said teinds: The Assemblie thinks the conditione
reasonable, and therefore ordaynes the persone to ratifie the same,
and declares that the said Commendator shall not be farther troublit
for any great provisione to the said kirk during his saids tacks, be
nane of the ministry serving that cure.
Anent the propositione made in the Assemblie upon the priuat motiones
of sundry particular brethren, from diverse parts to the Moderator,
desyrand that a certaine number of the brethren of best judgement and
experience should be put apart to consider of the chiefest dangers
appeirand to the estate of religion and quyetness of the countrie,
and of the principall causes thereof, and how the samen micht be
most effectuallie preventit, with power to them to conclude and to
communicat their best advyces to his Majestie thereanent, and to the
Presbytries so far as shall be found expedient: The Assemblie finds
the samen most requisite, and for the effect above-written, nominats,
&c. with power, as said is.
The qwhilk brethren having at lenth communicat their informatione,
together with their awne knawledge anent the premisses, Finds that
ane of the chiefest causes of danger proceeds from the miscontentment
of some malicious and wicked Papists, that rages and leaves nothing
unessayit to trouble; for being out of all esperance to have his
Majestie’s indifferent affection or oversight toward them and their
religion during his reigne, and of others that be the executione of
justice finds themselves or their friends and their houses to have
sustainit any losse, and to be impairit of their grytest dependance,
and redacted to live under the obedience of the lawes utherwayes nor
they were wont, and from the malicious business of certaine craftie
and seditious persones, that either for the present necessitie of
their awne estate, or for the hope of advancement of gaine to be had
in the change of the present goverment, ceases not be all meanes to
inflame the hearts of such as they perceive to be miscontentit in any
estate, and making every man to see his own desyre in the trouble
of the countrey, dealing in the meantyme likewayes with such as are
of the most sincere affectione to Religion and Justice; That things
is not done of that integrity that is profest, pressing to make the
godly and good subjects the more cold, and adversaries to such as
would intend a trouble: ffor remead qwhereof it is thocht good and
concludit, That his Majestie shall be informit hereanent, that be
his awne care and foresight such ungodly plots and counsells may
be frustrate, and suchlyke that every minister within this realme
shall deall generally with their congregationes and auditors at
all occasiones in their publick doctrine in pulpit, and with all
noblemen, barrones, gentlemen, and uthers that are of any speciall
credite or power, particularlie in their private conferrences,
persuading them of the King’s honest mynd toward the establisching
of the trew religione presently profest within this countrie, and
the executione of justice, and of his stedfast resolutione to hazard
his estate, lyfe, and crowne, in the cause of the gospell, with
the standing and falling qwhereof he acknowledges his standing and
falling to be inseparably conjoynit, and that they mark carefully the
actiones of all men, especially of such as either for religione or
executione of justice, or for the necessitie of their awne estate,
mislykes the present government, and are inclynit unto novations,
and qwhom they see in any extraordinar kinde of bussiness by their
custome, and that they make his Majestie’s Ministers acquaintit
therwith, not ceasing in the meantyme to bring them to ane quiet
minde; and for this effect that in all their ordinary meetings
in Sessions, Presbytries, and provinciall Assemblies, there be a
particular and private inquisition in thir poynts as need beis, that
his Majestie’s Ministers may be advertised with all expeditione: And
lykewayes it is thought expedient and concludit that his Majestie’s
Ministers, and such uthers of the ministrie as shall have occasione
to be in any charge about his Majestie, informe the Presbytries of
the estate of things as they proceed, so far as it is needfull for
the weill of the cause, and that this advyce be extractit and sent
with diligence to every Presbytrie in authentick forme.
The nixt Assemblie is appoyntit to be halden at Aberdeene, the last
Twesday of July in the year of God 1604 years.
Thanks beand given to God be the Moderator for the comfortable
successe of this present Assemblie, the brethrene were dismissed.
* * * * *
We have now completed the record of all the General Assemblies of
the Church of Scotland, held in and betwixt the years 1560 and 1602
inclusive. The Acts of these Assemblies constitute all that are
regarded as authoritative by the Presbyterian Church. There were
Assemblies, indeed, in the years 1606, 1608, 1610, 1616, 1617, and
1618; but the General Assembly of Glasgow, held in the year 1638,
decreed “every ane of them to have been, from the beginning, unfree,
unlawfull, and null Assemblies, and never to have had, nor hereafter
to have, any Ecclesiasticall authoritie, and their conclusions to
have been and to bee of no force, vigor, nor efficacie; prohibited
all defence and observance of them, and ordained the reasons of
their nullitie to be insert in the Books of Assembly.”[47] And in
the Assembly of 1639 it was also declared, that the proceedings
of these Assemblies “be hereafter accompted as null and of none
effect.”[48] The Acts of those Assemblies thus repudiated, have ever
since been regarded by the Church as of no authority. As, however,
the proceedings in five of those Assemblies are contained in the
MS. copies of the “Booke of the Kirk” to which we have had access,
and as, although apocryphal, the Acts which are recorded tend to
illustrate the history of the Church during the period to which we
refer, we intend to include them in this print of the whole Book as
we find it, but separately, and completely apart from the Acts of the
legitimate Assemblies.
Before, however, proceeding to do so, it is considered expedient to
include, as part of the genuine record, an authenticated Copy of
the Book of Policie. When the transcript of the record for the year
1581 was put to press, and when the “Heads of Policie,” (or Second
Book of Discipline,) should have been inserted as engrossed in the
register, and as part of the proceedings of the Assembly held that
year, the Editor did not consider it necessary to do so; inasmuch
as many printed editions of that document were to be found in
various publications. Since that portion of the work, however, was
printed off, he has been led, by his inquiries, to the conclusion,
that none of those editions which he has yet seen are perfectly
accurate. He has arrived at this conviction by the discovery of an
_authenticated_ copy of it, attested in the year 1591, under the hand
of Jas. Richie, the clerk of Assembly, and by the signatures of the
Presbytery of Haddington, in terms of an Act of the General Assembly.
He has collated that copy with others, and now deems it his duty to
incorporate in this work an exact transcript of it, the authenticity
being thus satisfactorily established. The importance of doing so,
and the addition of some collateral circumstances connected with the
Book of Policie, have been suggested to him by the fact, that the
chief basis of the celebrated ACT ANENT CALLS is alleged
to be found in that document, and much argument has been founded,
both in the Ecclesiastical and Civil Courts, on the interpretation
of various passages in it, and the authority that is due to it as an
assumed record of the “fundamental” principles of our Establishment.
It is therefore desirable that the Church and the Country should
be put in possession of a genuine copy of a production, from which
practical inferences of so much moment have been deduced.
* * * * *
In the Haddington MS. volume, (a small quarto,) from which the
foregoing copy of the Book of Policy has been transcribed, there
are various other documents ingrossed, for the guidance of that
Presbytery in its proceedings. These are--
1. Extracts from the Act of Assembly, 8th August 1590, Sess. 10,
and 5th July 1591, Sess. 4, with reference to subscription of the
Book of Policy by Presbytries, and the clerk supplying them with
copies for that purpose.
2. “Ane Forme of sundrie Materis to be vsit in the Elderschip.”
3. The Book of Policy above inserted.
4. “A Schort Soume of the wholl Actis of the Kirk,
takin out of the Buik of Discipline and Registers
of our Assemblies, for the instruction of Ministers
and Readaris in thair office”--under the heads of
“Doctrine”--“Examinatione”--“Ministrie”--“Discipline”--“Policie.”
Among these we find in the Collection of _Forms_ (2) thus
recorded, several documents which illustrate the mode of settling
ministers about the year 1590, viz. a Presbyterial Warrant for
“_Collation_”--the “_Institution_”--the notarial “_Instrument
tharupon_”--“ane Commission of a Benefice”--a “_Presentation of a
Laick Patron of ane new erection_.” There are also “Observations
of the Conferences betwix the Kingis Majestie and Counsells
Commissionars and the Kirks, with the Judgement of the Generall
Assembly,” which appears to be attested by Richie, the Clerk of
Assembly. All these are valuable, as evidents of the practice and
history of those times; and they will form a part of the Notes and
Illustrations which we purpose to subjoin--without which, indeed,
the Booke of the Kirk alone would be insufficient to afford a
satisfactory view of the laws and usages of the Church of Scotland
during the first sixty years of its existence. It is gratifying,
however, to have been enabled to lay before the Church and the
Country at present, a Copy of the Book of Policy of undoubted
authenticity, as well as to complete the publication of all the
earlier authoritative Acts of Assembly.
_May 15, 1839._
HEADIS AND CONCLUSIONIS
OF THE
POLICIE OF THE KIRK.
Vide Observations of the Conferences betwix the Kings Majesties
Counsell and the Kirks Commissioners, with the judgment of the
Generall Assemblie, p. 839, 873.
CAP. 3.
The Sevint Article to be farther considerit.
THE PRINCIPALL MATERIS HEIRIN CONTENIT.
1. Off the Kirk, and Policie thairof in generall, and qwhairin it
is different from the ciuill policie.
2. Off the partis of the Policie of the Kirk, and personis or
office-beirers to qwhome the same is committit.
3. How the personis that bear ecclesiastical functioun ar admittit
to thair offices.
4. Off the pasturis, or ministeris in speciall, and their functioun
in the Kirk.
5. Off the doctouris and scoles.
6. Off the eldaris and thair office.
7. Off elderschippis and Assembleis, and of discipline.
8. Off the deaconis and thair office.
9. Off the patrimony of the Kirk, and distributioun thereof.
10. Off the office of ane Christiane magistrat in the Kirk.
11. The present abusis in the Kirk qwhilk we desyr to be reformit.
12. Qwhat kynd of reformatioun we craue.
13. Off the profitt that sall flow of this reformation to all
estaits.
[HEADIS AND CONCLUSIONIS, &c.]
[CAP. I.]
Off the Kirk and Policie thairof in generall, and quhairin it is
different frome the Ciuill Policie.
1. The kirk of God sumtymes is largelie takine for all thame that
professis the Evangell of Jesus Chryst, and so it is ane company
and fellowschipe, not onlie of the godlie, bot also of hypocrittis,
professing alwayis outwartlie ane trew religioun.
2. Uther tymis it is takine for the godlie and elect onlie.
3. And sumtymis for thame quho exerce the spirituall functioun among
the congregatioun of thame that profes the trewth.
4. The kirk in this last sence, hes ane certane power grantit be
God, according to the quhilk, it usis ane proper jurisdictioun and
gouernament, exercit to the confort of the haill kirk.
5. This power ecclesiasticall, is an auctoritie grantit be God the
Fader, throught the Mediator Jesus Chryst, vnto his kirk gadderit,
and having the ground in the word of God, to be putt in executioun be
thame, unto quhom the spirituall gouernament of the kirk, be lawful
calling, is committit.
6. The policie of the kirk, flowing fra this power, is ane ordour or
forme of spirituall gouernament, quhilk is exercit be the memberis
appointit thairto be the word of God: And thairfoir is gevine
immediatlie to the office-beirars, be quhome it is exercit to the
weill of the haill bodie.
7. This power is diverslie vsit: For sumtymis it is seuerallie
exercit, (chieflie be the teacheris,) sumtyme coniunctlie be mutuall
consent of thame that bear the office and charge, efter the forme of
iugement. The former is commonlie callit _potestas ordinis_, and the
vther _potestas jurisdictionis_.
8. These two kyndis of power have bayth ane authoritie, ane
ground, ane finall caus, bot ar different in the maner and forme of
executioun, as is evident of the speiking of our Master in the 16 and
18 of Mathow.
9. This power and policie ecclesiasticall is different and distinct
in the awin nature fra that power and policie quhilk is callit the
ciuille power, and appertenit to the ciuille gouernament of the
commoun welth: Albeit thay be bayth of God, and tend to ane end, gif
thay be richtlie usit, _to wit_, to aduance the glorie of God, and to
haue godlie and guid subiectis.
10. For this power ecclesiasticall, flowis immediatlie frome God,
and the Mediator Chryst Jesus, and is spirituall, not having ane
temporall heid on eirth, bot onlie Chryst, the onlie spirituall King
and Gouernour of his kirk.
11. Thairfoir this power and policie of the kirk, sould lene upone
the word of God immediatlie, as the onlie ground tharof, and sould be
tane frome the pure fountanis of the Scripturis, heiring the voce of
Chryst, the onlie spirituall King, and being rewlit be his lawis.
12. It is ane title falslie usurpit be Antichrist, to call himself
heid of the kirk, and aucht not to be attributit to angell or to
mane, of what estait soeuir he be, saiffing to Chryst, the Heid and
onlie Monarche in this kirk.
13. It is proper to kingis, princes, and magistrats to be callit
Lordis, and dominators ouer thair subiectis, quhom thay gouverne
civillie, bot it is proper to Chryst onlie, to be callit Lord and
Maister, in the spirituall gouernament of the kirk, and all uthers
that beris office thairin aucht not to usurp dominion therein, be
callit Lordis, bot onlie ministeris, disciplis, and servandis; For it
is Chrystis proper office to command and reull his kirk universall,
and euery particular kirk, throw his Spirit and word, be the
ministrie of mene.
14. Notwithstanding, as the ministeris and vtheris of the
ecclesiasticall estait, ar subiect to the magistrat ciuillie,
swa aucht the persone of the magistrat, be subiect to the kirk
spirituallie, and in ecclesiasticall gouernament.
15. And the exercise of bayth thais jurisdictionis can not stande in
ane persone, ordinarlie.
16. The ciuill power is callit the power of the sword; the uther the
power of the keyis.
17. The ciuile power sould command the spirituall, to exerce and do
thair office, according to the word of God: The spiritual rewlaris
sould require the Christiane magistrat, to minister justice, and
puniesh vyce, and to mantene the libertie and quyetnes of the kirk
within thair boundis.
18. The magistrat commandeth externall thingis for externall peax
and quyetnes amangis the subjectis: The ministerie handlit externall
thingis onlie, for conscience caus.
19. The magistrat handlit onlie externall thingis, and actionis done
befoir men: Bot the spirituall rewlaris iuge baith inwart affectionis
and externall actionis, in respect of conscience, be the word of God.
20. The ciuile magistrat cravis and gettis obedience be the sword,
and uther externall menis: Bot the ministrie be the spirituall sword,
and spirituall meanis.
21. The magistrat nather aucht to preache, minister the sacramentis,
nor execut the censouris of the kirk, nor ʒet prescryve ony reull
how it sould be done; bot command the ministrie to obserue the reull
commandit in the word, and punishe the transgressouris be ciuile
meanis: The ministeris exerce not the ciuile jurisdictioun, bot
teaches the magistrat how it sould be exercit according to the word.
22. The magistrat aucht to assist, mantene, and fortifie the
jurisdictioun of the kirk: The ministeris sould assist thair princes
in all thingis aggreable to the word; providing thay negleck not
their awin charge, be involving thame selfis in ciuile effairis.
23. Finallie, as ministeris are subiect to the iugement and
punishment of the magistrat in externall thingis, gif thay offend;
Swa aucht the magistrat to submit thame selfis to the discipline of
the kirk, gif thay transgres in matteris of conscience and religioun.
Off the Partis of the Policie of the Kirk, and Personis or
Office-beiraris to whome the Administratioun thairof is committit.
CAP. II.
1. As in the ciuile policie, the haill commoun welth consistith in
thame that ar gouernouris or magistratis, and thame that ar gouernit
and subiectis; Sa in the policie of the kirk, sum ar appointit to
be reularis, and the rest of the memberis thairof to be reulit and
obey, according to the word of God, and inspiratioun of his Spirit,
alwayes under ane head and cheif gouernour, Jesus Chryst.
2. Againe, the haill policie of the kirk consistit in thrie cheif
thingis; in doctrine, in discipline, and distributioun. With doctrine
is joint administratioun of the sacramentis.
3. And according to the partis of this diuision, arisit ane thriefald
sort of officiaris in the kirk; to wit, of ministeris or preacheris,
of eldaris or gouernouris, of deaconis or distributeris. And all
thais may be callit be ane generall word, ministeris of the kirk.
4. For albeit the kirk of God be reulit and gouernit be Jesus Chryst,
who is the onlie King, Hie Priest, and Heid thairof, ʒit he usis the
ministrie of men, as ane maist necessarie middis for this purpois.
5. For sa he hes fra tyme to tyme, befoir the law, under the law, and
in tyme of the Evangell, for our greit comfort, raisit up men indewit
with the giftis of the Spirit, for the spirituall governament of his
kirk, exercesing be tham his awine power, throw his Spirit and word,
to the building of the same.
6. And to tak away all occasioun of tyranny, he will that they sould
reul with mutuall consent of brethrene, and equalitie of power, euery
ane according to thair functionis.
7. In the New Testament, and tyme of the Evangell, he hes usit the
ministrie of the apostles, propheits, evangelists, pastouris and
doctouris, in administratioun of the word: the elderschip for guid
ordour, and administratioun of discipline: the deaconschip to haive
the cure of the ecclesiasticall guidis.
8. Sum of thir ecclesiasticall functiouns ar ordinar, and sum
extraordinar or temporall.
9. Thair be thrie extraordinar functionis: the office of the apostle,
of the evangelist, and of the prophet, quhilk ar not perpetuall,
and have now ceisit in the kirk of God, except quhen he pleasit,
extraordinarlie, for ane tyme, to steir up some of thame againe.
10. Thair is foure ordinarie functionis or offices in the kirk of
God: the office of the pasture, minister or bishop; the office of the
docter; the presbiter or eldar; and the deacone.
11. Thir offices ar ordinarie, and aucht to continow perpetuallie in
the kirk, as necessarie for the gouernament and policie of the same,
and na ma offices aucht to be resauit or be sufferit in the trew kirk
of God, establishit according to his word.
12. Tharfore, all the ambitious titles invented in the kingdome of
antichryst, and in his usurpit hierarchie, quhilkis ar not ane of
thais four sortis, togidder with the offices dependand thairupone, in
ane word, aucht all utterlie to be reiected.
How the Personis that bear Ecclesiasticall Functionis ar admittit
to thair Offices.
[CAP. 3.]
1. Vocatioun or calling, is commoun to all that sould bear office
within the kirk, quhilk is ane lauchfull way, be the quhilk,
qualifeit personis is promotit to ane spirituall office within the
kirk of God.
2. Without this lauchfull calling it was neuer leisum to ony persone
to middle with ony function ecclesiasticall.
3. Thair ar two sortis of calling; ane extraordinar, be God
immediatlie, as wer the prophets and apostles, quhilk in kirkis
established and weill alreddy reformit, hes na place.
4. The uther calling is ordinar, quhilk besyd the calling of God, and
inward testimony of guid conscience, hes the lauchfull approbatioun
and outward jugement of men, according to Goddis word, and ordour
establishit in his kirk.
5. Nane aucht to presume to enter in ony office ecclesiasticall,
without he haue this guid testimony of conscience befoir God, wha
onlie knawis the hartis of men.
6. This ordinarie outward calling hes twa partis; electioun and
ordinatioun.
7. Electioun is the chesing out, of ane persone or personis maist
able, to the office that vaikis, be the jugement of the eldarschip
and consent of the congregatioun, whom to, the persone or personis
beis appointit.
8. The qualiteis in generall requisit in all thame qwha sould beir
charge in the kirk, consistis in soundnes of religioun, and godlines
of lyf, according as thay ar sufficientlie set furth in the word.
9. In the ordour of election, it is to be eschewit, that na persone
be intrust in ony of the offices of the kirk, contrarie the will of
the congregatioun to qwhome thay ar appointit, or without the voce of
the elderschip.
10. Nane aucht to be intrusat, or enterit in the places alreadie
plantit, or in ony rowm that, vaikis not, for ony warldlie respect:
and that quhilk is callit the benefice, aucht to be nothing els, bot
the stipend of the minister that is lauchfullie callit and electit.
11. Ordinatioun is the seperatioun and sanctifeing of the persone
appointit of God and his kirk, eftir he be weill tryit and fund
qualifeit.
12. The ceremonyis of ordinatioun ar, fasting and eirnest prayer, and
impositioun of handis of the elderschippe.
13. All thir, as thay must be rasit up be God, and be him maid able
for the wark quhairto thay ar callit; sa aucht thay to knaw thair
message to be limitat within God’s word, without the bounds of the
quhilk thay aucht not to pas.
14. All thir sould tak thais titles and namis onlie (least thay be
exalted and puft up in thame selfis) quhilk the Scripturis givis
thame, as thais quhilks import laubour, travell and work, and ar
naimes of offices and service, and not of idlenes, dignitie, nor
warldlie honour or prehemminence, quhilk be Chryst our Maister is
expreslie reprovit and forbiddine.
15. All thais office-beraris sould haue thair awin particular flokis,
amangis qwhome thay exerce thair charge.
16. All sould mak residence with thame, and tak the inspectioun and
ouersicht of thame, euery ane in his vocatioun.
17. And generallie, thir twa thingis aucht thay all to respect;
the glorie of God, and edifeing of his kirk, in dischargeing thair
dewteis in thair calling.
Off the Office-beraris in particular; and first of the Pasturis and
Ministris.
CAP. 4.
1. Pasturis, or bischopis, or ministeris, ar thay wha ar appointit to
particular congregationis and kirkis, quhilk thay rewll be the word
of God, and ouir the quhilk thay watch, in respect qwhairof, thay ar
callit sumetymis pasturis, becaus thay feid thair congregationis,
sumetymis _episcopi_, or bischoppis, becaus thay watche aboue thair
flokis; sumetymes ministers, be reasone of thair service and office;
and sumtyme presbyteris and seinouris, frome the grauitie in
maneris, quhilk thay aucht to haue, in taking cair of the spirituall
gouernament, quhilk aucht to be most deir unto thame.
2. Thay that ar callit to the ministrie, or that offer thameselfis
tharunto, aucht not to be electit, without ane certain flok be
assignit unto thame.
3. Na man aucht to ingeir him self, or usurp the office, without
lawfull calling.
4. Thay qwha ar anis callit be God, and dewlie electit be man, eftir
that they haue anis accepted the charge of the ministrie, may not
leaue thair functionis.
5. The desertouris sould be admonisched, and incaice of obstinacie,
finallie excommunicat.
6. Na pastour may leaue his flok, without licence of the provinciall
or nationall Assemblie; quhilk gif he do, eftir admonitioun not
obeyit, let the censuris of the kirk strik upone hime.
7. Unto the pasture apperteins teaching of the word of God, in
seasone and out of seasone, publicklie and priuatlie, alwayis
travelling to edifie, and discharge his conscience, as Goddis word
prescryuis unto hime.
8. Unto the pasture onlie apperteins the administratioun of the
sacramentis, in lyk manor as the ministratioun of the word: for baith
ar appointit be God as meanis to teache us; the ane be the ear, the
uther be the eis and other senses, that be baith, knawledge may be
transferrit to the mynd.
9. It apperteinis be the same resone to the pasture to pray for the
peple, and namelie for the flok committit to his charge, and to bliss
thame in the name of the Lord, qwho will not suffer the blissingis of
his faythfull servand to be frustrat.
10. He aucht also to watche aboue the maneris of his flok, that
the better he may apply the doctrine to thame, in reprehending the
dissolut personis, and exhorting the godlie, to continew in the fear
of the Lord.
11. It appertenis to the minister, efter lawchfull proceding be the
elderschip, to pronunce the sentence of binding and lowsing upone ony
persone, according to the power of the keyis, grantit unto the kirk.
12. It belangis alswa, eftir lawchfull proceding in the mater be the
elderschip, to solemnizat the contract of mariage betwix thame that
ar joint thairin; and to pronunce the blissing of the Lord on thame
that entir in the holie band in the fear of the Lord.
13. And generallie, all publick denunciations that ar to be maid
in the kirk befoir the congregationis, concerning ecclesiasticall
effairis, belang to the office of the ministrie, for he is as
messenger and herauld betwene God and the people in all thais
effairis.
Off Doctouris and thair Office, and of Scolis.
CAP. 5.
1. Ane of the twa ordinar and perpetuall functionis that trauell
in the word, is the office of the Doctour, quha may also be callit
Propheit, Bischop, Eldar, Catechesar; that is, teacher of the
Catechisme, and rudiments of religione.
2. His office is to oppine up the mynd of the Spirit of God within
the Scripturis, simplie, without sic applicationis as the minister
usis, to the end that the faythfull be instructed, sound doctrene
teachit, and the puritie of the Gospell not corrupted throw ignorance
and euill opinionis.
3. He is different from the pasture not onlie in name, bot in
diuersitie of giftis; For to the Doctour is gevine the words of
knawledg, to oppine up be simple teaching, the mystereis of the
fayth; to the Pasture the gift of wisedome, to apply the same, be
exhortatioun to the manneris of the flok, as occasioun crauit.
4. Under the name and office of ane Doctour, we comprehend also the
ordour of scoles, in collegis and universiteis, quhilk hes bene frome
tyme to tyme cairfullie maintenit, alsweill amangis the Jewis and
Christianis as amang prophane nationis.
5. The Doctour being an eldar, as said is, sould assist the pasture
in the governament of the kirk, and concurre with the vther eldaris
his brethrene, in all assembleis; be reasone the interpretatioun of
the word, (quhilk is onlie Juge in ecclesiasticall matteris,) is
committit to his charge.
6. Bot to preache unto the peple, to minister the sacraments, and
to celebrat mariagis, perteins not unto the Doctour, unles he be
utherwayis ordourlie callit; howbeit the pasture may teache in the
scoles, as he qwha hes also the gift of knawledge oftentymis meit
thairfoir, as the examples of Policarpus and utheris testifie.
Of Eldaris, and thair Office.
CAP. 6.
1. The word _Eldar_, in the Scripturis, sumetyme is the name of aige,
sumetyme of office.
2. Quhen it is the name of ane office, sumetyme it is takine
largelie, comprehending alsweill the Pastouris and Doctouris, as
thame quha ar commounlie callit seinors or eldaris.
3. In this divisioun, wee call thais eldaris, quhome the Apostles
callis presedentis or gouernouris.
4. Thair office, as it is ordinary, swa is it perpetuall, and alwayis
necessar in the kirk of God.
5. The eldarschip is ane functioun spirituall, as is the ministrie.
6. Eldaris anis lawchfullie callit to the office, and having giftis
of God meit to exercyse the same, may not leave it againe.
7. Albeit sic ane number of eldaris may be chosine in certane
congregationis, that ane pairt of thame may releif ane uther for ane
reasonable space, as was amang the Levittis under the law, in serving
of the temple.
8. The number of the eldaris in euery congregatioun cane not be weill
limitat, bot sould be according to the boundis and necessitie of the
peple.
9. It is not necessar that all eldaris be also teachearis of the
word, albeit they aucht cheiflie to be sic, and swa ar worthie of
double honour.
10. Quhat manner of personis thay aucht to be, we refer to the expres
word, and namelie, the Canonis wryttine be the Apostles.
11. Thair office is, als weill seuerallie as coniunctlie, to watche
diligentlie upone the flok committit unto thair charge, bayth
publicklie and privatlie, that no corruptioun of religioun or maneris
enter thairin.
12. As the pastouris and doctouris sould be diligent in teacheing
and sowing the seid of the word, so the eldaris sould be cairfull in
seiking the fruitt of the same in the peple.
13. It apperteins to thame to assist the pastour in examinatioun of
thame that cumis to the Lordis table, and in visiting the seik.
14. They sould be cairfull to caus the actis of the Assembleis, als
weill particular as prouinciall or generall, to be put in executioun.
15. Thay sould be diligent in admonisching of all mene of thair
dewteis, according to the reull of the Evangell.
16. Thingis that they cane not correct be privie admonitioun, thay
sould bring to the assembly of the eldership.
17. Thair principall office is, to hauld assembleis with the
pastouris and doctouris (quha ar also of thair number) for
establisching of guid ordour, and executioun of discipline: Unto the
quhilks assembleis all personis ar subject, that remane within thair
boundis.
Of Eldarschipis, and Assembleis, and of Discipline.
CAP. 7.
1. Eldarschippis and assembleis, ar constitute commonlie of pasturis,
doctouris, and sic as commounlie we call eldaris, that laubour not in
the word and doctrine, of quhome, and of quhais severall power, hes
bene spokine.
2. Assembleis ar of four sortis: For ather ar thay of particular
kirkis and congregationis ane or ma, ather of ane province, ather of
ane haill natioun, or of all and diuers nationis professing ane Jesus
Chryst.
3. All the ecclesiasticall assembleis, haue power to convene
lawchfullie togidder for treating of thingis concerning the kirk, and
pertening to thair chargis.
4. Thay haue power to apoint tymis and places to that effect; and ane
Assemblie to appoynt the dyet, tyme, and place for ane uther.
5. In all assembleis, ane moderator sould be chosine be commoun
consent of the haill brethrene conveint, quha sould propone materis,
gather the voitis, and caus guid ordour be kepit in the assembleis.
6. Diligence sould be tane, cheiflie be the moderator, that onlie
ecclesiasticall thingis be handlit in the assemblie, and na melling
with ony thingis pertening to the civile jurisdictioun.
7. Euerie assemblie hes power to send furth frome them of their awine
nomber, ane or ma visitouris to sie how all thingis be reulit in the
boundis of thair jurisdictioun.
8. Visitatioun of ma kirkis is na ordinar office ecclesiasticall,
in the persone of ane man; nather may the name of ane bischop be
attributit to the visitour onlie; nather is it necessar to abyd
alwyse in ane man’s persone, bot it is the part of the eldarschip,
to send out qualifeit personis to visit, _pro re nata_.
9. The finall end of all assembleis is, first to keip the religioun
and doctrine in puritie, without errour and corruptioun: nixt, to
keip cumelines and guid ordor in the kirk.
10. For the ordouris caus, thay may mak certane reulis and
constitutionis apperteining to the guid behaviour of all the memberis
of the kirk in thair vocatioun.
11. Thay haue power also to abrogat and abolish all statuts and
ordinances concerning ecclesiasticall materis, that ar found noysume
or unprofitable, or aggrie not with the tyme, or abusit be the peple.
12. Thay haue power to execut ecclesiasticall discipline and
punischment upone all transgressouris, and proud contempnaris of guid
ordour and policie of the kirk, and swa the haill discipline is in
thair handis.
13. The first kynd and sort of assembleis, although thay be within
particular congregatiounis, zet thay exerce the power, auctoritie,
and jurisdictioun of the Kirk with mutuall consent, and thairfoir
beiris sumtyme the name of the Kirk.
14. Quhen we speik of eldaris of the particular congregationis, we
mene not that euery particular paroche kirk cane, or may haue thair
awin particular eldarschip, speciall to landwart, bot we think
thrie or four, ma or fewar, particular kirkis, may haue ane commoun
eldarschip to thame all, to judge the ecclesiasticall causes.
15. Albeit it is meit that sum of the eldaris be chosine out of
euerie particular congregatioun, to concur with the rest of thair
brethrene in the commoun assemblie, and to tak up the delationis of
offencis within thair awin kirkis, and bring thame to the Assemblie.
16. This we gadder of the practise of the primitiue kirk, wheras
eldaris or colleges of senioris wer constitute in citeis and famous
places.
17. The power of thir particular elderschippis, is to uis diligent
laubour in the boundis committed to thair charge, that the kirkis
be kepit in guid ordour, to inquire diligentlie of nauchtie and
unrewlie personis, and travell to bring thame in the way againe,
ayther be admonitioun or threatning of Goddis judgements, or be
correctioun.*[49]
18. It perteins to the eldarschip, to tak heid, that the word of God
be purelie preichit within thair boundis, the sacraments rightlie
ministrat, the discipline menteind, and the ecclesiasticall guidis
uncorruplie distribute.*[49]
19. It belangis to this kynd of assembleis, to caus the ordinancis
maid be the assembleis, provinciallis, nationallis and generallis, to
be keipit, and put in executioun.*[49]
20. To mak constitutionis quhilk concerne το πρεπον in the kirk, for
the decent ordour of thais particular kirkis qwher thay gouerne,
(prouyding thay alter na reulis made by the generall and provinciall
assembleis, and that thay mak the provinciall assembleis foirsene of
the reulis that thay sall mak,) and to abolische thame tending to the
hurt of the same.*[49]
21. It hes power to excommunicat the obstinat.*[49]
22. The power of electioun of thame qwha bearis ecclesiasticall
chargis, pertenis to this kynd of assemblie, within thair awin
boundis, being weill erectit, and constitut of mony pastouris and
eldaris of sufficient habilitie.
23. Be Eldarschip is meint, sic as ar constitut of Pastouris,
Doctouris, and sic as now ar callit Eldaris.
24. Be the lyk resone, thair depositioun also pertenis to this
kynd of assembleis, as of thame that teache erroneous and corrupt
doctrine; that be of sclanderous lyfe, and eftir admonitioun,
desist not; that be gevine to schisme or rebellion contrare the
kirk, manifest blasphemy, simony, and all corruptioun of brybis,
falset, periurie, huredome, thift, drunkinnes, fechting, worthie of
punischment be the law; usurie, danshing, infamie, and all utheris
deservine separatioun frome the kirk.
25. These also qwha ar fund altogidder insufficient to exerce thair
chargis, sould be deposit, Quhairof uther kirkis wald be aduertesit,
that thay resaue not personis deposit.
26. Albeit thay aucht not to be deposit quha throw aige, seiknes,
or uther accidents, becum unmeit to do thair office; in quhilk cace
thair honour sould remane unto thame, their kirkis sould mentene
thame, and utheris aucht to be proydit to do thair office.[50]
27. Provinciall assembleis we call, lawfull conventionis of the
pastouris, doctouris, and eldaris of the province, gadderit for the
commoun effairis of the kirkis tharof, quhilk also may be callit the
Conference of kirkis and brethrene.
28. Thir assembleis ar institut for wechtie materis necessar to be
intraitit be mutuall consent and assistance of the brethrene within
the provincis, as neid requyris.*[49]
29. Thir assembleis haif power to handle, ordour, and redres all
thingis ommittit or done amiss in the particular assembleis.*[49]
30. It haith power to depose the office-beraris of that province, for
guid and just caus deserving depriuatioun.*[49]
31. And generallie, thir assembleis haue the haill power of the
particular elderschippis qwhairof thay ar collected.*[49]
32. The nationall assemblie,(quhilk is generall to us,) is ane
lawchfull conventioun of the kirkis of the haill realme or nation,
wher it is usit and gadderit, for the commoun effairis of the Kirk;
and may be callit the Generall Elderschip of the haill kirkis within
the realme.
33. Nane ar subiect to repair to this assemblie to voit, bot
ecclesiasticall personis, to sic ane number as sallbe thocht guid be
the same assemblie; not excluding uther personis that will repair to
the said Assemblie, to propone, heir, and resone.
34. This assemblie is institute, that all thingis ayther omittit,
or done amis in the provinciall assembleis, may be redressit and
handlit: And things generally, seruing for the weill of the haill
body of the kirk in that realme, may be foirsene, intreattit, and set
furth to Goddis glorie.
35. It sould tak cair, that kirkis be planted in places quhair thay
ar not planted.
36. It sould prescryue the reull how the uther twa kynd of assembleis
sould proceid in all thingis.
37. This assemblie sould tak heid, that the spirituall jurisdictioun
and civile be not confoundit, to the hurt of the kirk.
38. That the patrimony of the kirk be not diminished nor abused.
39. And generallie concerning all wychtie effairis that concerne the
weill and guid ordour of the haill kirk of the realme, it aucht to
interpone auctoritie thairto.
40. Thair is besydis this, an uther mair generall kynd of assemblie,
quhilk is of all nationis or of all estaits of personis within the
kirk, representing the universall kirk of Chryst, quhilk may be
callit properlie the Generall Assemblie or Generall Counsall of the
haill kirk of God.
41. Thais assembleis wer appointit and callit togidder speciallie,
qwhene an great schisme or controversie in doctrine did aryse in the
Kirk, and war conuocat at command of the godlie Emperours being for
the tyme, for the auoiding of schismes within the uuiversall kirk of
God: Quhilk becaus thay pertene not to the particular estait of ane
realme, we ceiss forder to spek.
Of Deaconis and thair Office; the last ordinar Functioun in the
Kirk.
CAP. 8.
1. The word Διάχονος sumtymis is larglie takine, comprehending all
thame that beir office in the ministrie and spirituall functioun in
the kirk:
2. Bot now, as we speik, it is tane onlie for thame to whome the
collectioun and distributioun of the almous of the faithfull and
ecclesiasticall guidis does apperteune.
3. The office of the deacone sa takine, is an ordinar and perpetuall
ecclesiasticall functioun in the kirk of Chryst.
4. Of what properties and dewteis he aucht to be that is callit to
this function, we remit to the manifest Scripturs.
5. The deacone aucht to be callit and electit as the rest of the
spirituall officiaris, of the quhilk electioun, wes spokine befoir.
6. Thair office and power is, to resseaue and distribut the haill
ecclesiasticall guids, unto thame to quhom they ar appoyntit.
7. This they aucht to do according to the juigement and appointment
of the Presbyteries or Elderschipis (of the quhilk the deaconis ar
not) that the patrimony of the kirk and pure, be not converted to
privat mennis use, nor wrangfullie distributit.
Off the Patrimony of the Kirk, and Distributioun thairof.
CAP. 9.
1. Be the patrimony of the kirk we mene, quhatsumeuer thing hath bene
at ony time befoir, or sallbe in tyme cuming gevin, or be consent
and universall custome of cuntreis professing Christiane religioun,
applyit to the publick use and utilitie of the kirk.
2. Swa that onder the patrimony we comprehend first, all thingis
gevin, or to be gevin to the kirk and seruice of God, as lands,
bigginis, possessionis, annual rents, and all siclyke, quherewith the
kirk is dotit, ather be donationis, fundationis, mortificationis,
or ony uther lawchfull title, of Kings, Princes, or ony personis
inferiour to thame, togidder with the continuall oblationis of the
faithfull.
3. We comprehend also, all sic thingis as be lawis and custome,
and use of countreis, hes bene applyit to the use and utilitie of
the kirk, of quhilk sort ar the teindis, mans, glebis, and siclyk,
quhilks be commoun and be municipall lawis and universall custom ar
possessit be the kirk.
4. To tak ony of this patrimony be onlawfull meanis, and convert
to the particular and prophane use of ony persone, we hald it ane
detestable sacrilege befoir God.
5. These guidis ecclesiasticall, aucht to be collectit, and
distributit be deacons, as the word of God appointis, that thay quha
beiris office in the kirk be provydit for, without cair and solicitud.
6. In the apostolicall kirk, the deaconis war appoyntit to collect
and distribut quhatsumeuir thingis war collectit of the faythfull to
be distribut unto the necessitie of the sanctis; sa that nane laickit
amang the faithfull.
7. These collectionis war not onlie of that quhilk was collectit in
manir of almous, (as sum supponis,) bot of uther guidis, movable and
onmovable, of lands and possessionis, the pryc quhairof was brocht to
the feit of the Apostles.
8. This office continewit in the deaconis handis, quha intromettit
with the haill gudis of the kirk, ay whill the estait thairof was
corruptit be Antichryst, as the ancient canonis beris witnes.
9. The same canonis mak mentioun of ane fourfald distributioun of
the patrimony of the kirk, quhairof ane part was applyit to the
pasturis or bischoppis for thair sustentatioun and hospitalitie; ane
uther to the eldars and deaconis, and all the clergie; the thrid to
the pure, seick personis and strangers; the ferd to the uphald and
uther effairis of the kirk, speciall extraordinar: We add hereto, the
scoles and school-maisteris, quhilk aucht and may be weill sustenit
of the same guids, and ar comprehendit under the clergie, to quhame
we joine also clerkis of assembleis alsweill particular as generall;
syndickis or procuratouris of the kirkis effairis, takaris up of the
psalmis, with siclyk uther ordinar offices of the kirk, sa far as
thay ar necessar.
Of the Office of a Christiane Magistrat in the Kirk.
CAP. 10.
1. Althoght all the memberis of the Kirk be hauldine, euery ane in
thair vocatioun, and according thairto, to advance the kingdome of
Jesus Chryst sa far as lyis in thair power; zit cheiflie and namelie,
Christiane Princes, Kingis, and uther magistrats, are haldine to do
the same.
2. For thay ar callit in the Scripturis nurissaris of the kirk, for
sameikle as be thaime it is, or at least aucht to be, menteind,
fosterit, uphaldine, and defendit agains all that wald procure the
hurt thairof.
3. So it pertenit to the office of a Chrystiane magistrat to assist
and fortifie the godlie proceding of the kirk in all behalfis; and
namelie to sie that the publick estait and ministrie thairof be
mantenit and sustenit as it appertenis, according to Goddis word.
4. To sie that the kirk be not invadit nor hurt be fals teacharis
and hyrlingis, nor the rowmis thairof occupyit be dum doggis or idill
belleis.
5. To assist and mantene the discipline of the kirk, and punish
thame civillie, that will not obey the censur of the same; without
confounding alwayis the ane jurisdiction with the uther.
6. To sie that sufficient provisioun be made for the ministrie,
scoles, and the puir: And gif thay have not sufficient to await
upone thair chargis, to supplie their indigence evine with thair
awine rentis, gif neid requiris: to hauld hand to thame, alsweill
concernyng thair awin personis, sayfing thame frome injurie and
oppine violence, as concerning thair rentis and possessionis, that
thay be not defraudit, reavit, nor spulzeit thairof.
7. Not to suffer the patrimony of the kirk to be applyit to prophane
and onlawchful uses, or to be devoirit be idle belleis, and sic
as haue na lauchfull functioun in the kirk, to the hurt of the
ministrie, the scoles, the puir, and utheris godly uses, quhairupone
the same aucht to be bestowed.
8. To mak lawis and constitutionis aggreable to Goddis word, for
the aduancement of the kirk, and policie therof; without usurping
ony thing that pertenis not to the civill sword, bot belangis to
the offices that ar mere ecclesiasticall; as is the ministrie of
the word and sacramentis, using of ecclesiasticall discipline, and
the spirituall executioun thairof, or ony part of the power of the
spirituall keys, quhilks our Maister gaif to the Apostles, and thair
trew successouris.
9. And although Kingis and Princes that be godlie, sumtymis be their
awin auctoritie, (whene the Kirk is corruptit, and all thingis out of
ordour,) place ministeris, and restoir the trew service of the Lord,
efter the example of sum godlie kingis in Judea, and divers godlie
Emperours and Kingis, also in the licht of the New Testament, zit
quhair the ministrie of the Kirk is anis lauchfullie constitut, and
thay that are placed, do thair office faithfullie, all godlie princes
and magistrats aucht to heir and obey thair voice, and reverence the
majestie of the Sone of God speaking be thame.
Off the present Abuses remaining in the Kirk, quhilks we desyr to
be reformit.
CAP. 11.
1. As it is the dewtie of the godlie magistrat to mantene the present
libertie quhilk God of his mercie hes grantit to the preacheing of
his word, and the trew ministratioun of the sacraments within this
realme; sa is it to provyd, that all abusis as zit remaining in the
Kirk, sould be removit, and utterly takine away.
2. Thairfoir, first, the admissioun of men to Papisticall titles of
benefices, sic as seruis not, nor hes na functioun in the reformit
Kirk of Chryst, as abbottis, commendatoris, priouris, priouressis,
and uther titles of abbayis, quhais places are now for the maist
pairt be the iust jugements of God demolished and purgit of
idolatrie, is plaine abusioun, and is not to ressaue the kingdome of
Chryst amangis us, bot rather to refuse it.
3. Of the lyke natour ar the deanis, archdeanis, chanteris,
subchanteris, thesauraris, chancelaris, and uthers having the lyke
titles flowit frome the Paip and canon law onlie, wha haue na place
in the reformit Kirk.
4. Siclyk, they that war callit of auld, the chapteris and conventis
of abbayis, cathedrall kirkis, and siclyk places, seruis for
nathing now, bot to set fewis and takis (gif ony thing be left) of
kirk-landis and teindis, in hurt and prejudice thairof, as daylie
experience teiched, and thairfoir aucht to be allutterlie abrogat and
abolischit.
5. The Kirks also quhilks ar unitit and joynit togidder be
annexatioun to thair benefices, aucht to be seperated and diuidit,
and gevin to qualifeit ministeris, as Goddis word cravis.
6. Neither aucht sic abuseris of the patrimony of the Kirk of Chryst,
to haue voit in Parliament, nor sit in counsall under the name of the
kirk and kirk-men, to the hurt and preiudice of the libertie thairof,
and lawis of the realme maid in fauouris of the Reformit Kirk.
7. Mekleless is it lawfull, that ane persone amangis thais men sould
haue fyue, sax, ten, twentie, or ma kirkis, all hauing the charge of
saulis, and bruik the patrimony thairof, ayther be admissioun of the
prince, or of the Kirk, in this licht of the Evangell; for it is bot
mockage to craue reformatioun whare sic hes place.
8. And albeit it wes thocht guid for avoiding grett inconuenientis,
that the auld possessouris of sic benefices quha imbracit the
religioun, sould inioy be permissioun, the twa pairt of the rentis
quhilks thay possesst befoir, induring thair lyfetymis, zit it is not
tollerable to continew in the Kirk lyke abuse, and gif thais places
and utheris benefices of new to als onmeit men or rather onmeitar,
quha ar not myndit to serue in the Kirk, bot leid a lone and idle lyf
as the utheris did quha bruikit thame in the tyme of blindnes.
9. And insafar as in the ordour tane at Leyth in the zeir of our Lord
Jaj. v^c. seventie-ane year, it appeiris that sic may be admittit,
being fund qualifeit, &c. ather that pretended ordour is agains all
guid ordour, or ellis it must be onderstandit not of thame that be
qualifeit to worldlie effaires to serue in the court, bot sic as ar
qualifeit to teache Goddis word, havand thair lawfull admissioun of
the Kirk.
10. As to bischoppis, gif the name επισχοπος be properlie takin, thay
ar all ane with ministeris, (as was befoir declairit;) for it is not
the name of superioritie and lordschip, bot of office and watching.
11. Zit, becaus in the corruptioun of the Kirk, this name, as utheris
hes bene abused, and zit is lyk to be, we cane not allow the fashioun
of thais new chosine bischoppis, nather of the chapteris that ar
electouris of thame to sic office as thay ar chosene.
12. Trew bischopis sould addict thame selfis to ane particular flok,
(quhilk sindry of thame refusis,) nather sould thay usurp lordship
ouer thair brethrene, and ouer the inheritance of Chryst, as thais
men do.
13. Pastouris, insafar as thay ar pastouris, hes not the office of
visitatioun of ma Kirkis joint to the pastureschip, without it be
gevin thame.
14. It is ane corruptioun, that bischopis sould haue fordar boundis
to visit, nor thay may lawchfully.
15. Na man aucht to haue the office of visitatioun, bot he that is
lawchfullie chosine be the presbytrie thairto.
16. The elderschippis being weill establishit, hes power to send out
visitouris, ane or ma, with commissioun to viseit the boundis within
thair elderschippis. And siclyk eftir compt tane of thame, ather to
continew thame, or renew thame frome tyme to tyme, to the quhilks
elderschippis thay sall be also subiect.
17. The criminall jurisdictioun joint in the persone of ane pastoure,
is ane corruptioun.
18. It aggreit not with the word, that bischoppis sould be pasture of
pasturis, pasturis of mony flokis, and ʒit without ane certane flok,
and without ordinar teiching.
19. It aggreit not with the Scripturis, that thay sould be exemit
fra correctioun of thair brethrene, and discipline of the particular
elderschip of the Kirk, whereat they sould serve; nather that thay
sould usurp the office of visitatioun of uther kirkis, nor ony uther
functioun besyd uther ministers, bot safar as beis committit to thame
be the Kirk.
20. Heirfoir, we desyr the bischoppis that now ar, ayther to aggrie
to that ordour that Goddis word requyris thame, and as the generall
Kirk will prescryue unto thame, not passing that boundis, nather in
ecclesiasticall nor civile effairis, or ellis to be deposit frome all
functioun in the Kirk.
21. We deny not in the meane tyme, bot ministeris may and sould
assist thair Princes quhen thay ar requirit, in all thingis aggreable
to the word, quhidder it be in Counsall or Parliament, or utherwyse,
providing alwayis thay nather negleck thair awin chargis, nor throw
flatterie of Princes, hurt the publick estait of the kirk.
22. Bot generallie, we say, na personis, under quhatsumeuer title of
the kirk, and speciallie the abused titles in Papistrie, of Prelats,
Conuents, and Chapteris, aucht to attempt ony act in the kirkis
name, ayther in Counsall, Parliament, or out of Counsall, having na
commissioun of the reformit kirk within this realme.
23. And be act of Parliament it is providit, that the Papisticall
kirk and jurisdictioun sould have na place within the same, and na
bischop nor uther prelat in tymis cuming, sould use ony jurisdictioun
flowing from his auctoritie.
24. And againe, that na uther ecclesiasticall jurisdictioun sould be
acknawlegeit within this realme, bot that quhilk is, and salbe within
the reformit kirk, and flowing therfra.
25. So we esteme halding of chapetirs in Papisticall maner, ayther in
cathedrall kirkis, abbayis, collegis, or uther conventuall places,
usurping the name and auctoritie of the kirk, to hurt the patrimony
thairof, or use ony uther act to the preiudice of the same, sene
the ʒeir of our Lord 1560 ʒeiris, to be abusioun and corruptioun,
contrar to the libertie of the trew kirk and lawis of the realme, and
thairfoir aucht to be annullat, reducit, and in tymis cuming utterlie
dischargit.
26. The dependences also of this Papisticall jurisdictioun ar to be
abolished, of the quhilk sort is the mingled jurisdiction of the
commissaris, in safar as thay mell with ecclesiasticall materis,
and haue na commissioun of the kirk thairto, bot war erectit in
tyme of our Soverainis mother, whan thingis war out of ordour. It
is an absurd thing, that sindrie of thame, having na functioun in
the kirk, sould be ingis to ministeris, and depose thame fra thair
rowmis: Thairfoir, ather thay wald be dischargit to meddle with
ecclesiasticall matteris, or it wald be limitat to thame in quhat
materis thay might be Juges, and not hurt the libertie of the kirk.
27. Thay also that of befoir war of the ecclesiasticall estait in
the Papis kirk, or that ar admittit of new to Papisticall titles,
and now ar tollerat be the lawis of the realme, to posses the twa
pairt of thair ecclesiasticall rentis, aucht not to haue ony forder
libertie, bot to intromet with the portioun assignit and grantit to
thame for thair lyfetime, and not, under the abusit titles quhilks
thay had, to dispone the kirk rentis, set takis and fewis thairof at
thair plesour, to the greit hurt of the kirk, and pure lauboraris
that dwell upone the kirk-landis, contrarie to all guid conscience
and ordour.
Certane speciall Heidis of Reformatioun quhilk we crave.
CAP. 12.
1. Quhatsoeuir haue bene spokine of the offices of the kirk, the
seuerall power, the office-beraris thair conjunct power also, and
last of the patrimony of the kirk, we onderstand it to be, the
right reformation, whilk God cravis at our handis, That the kirk
be ordourit according thairto, as with that ordour quhilk is maist
aggreable to the word of God.
2. Bot becaus sumthingis willbe twichit in particular, concerning
the estait of the countrie, and that quhilk we principallie seik
to be reformit in the same, we haue collectit thame in thir heidis
following:
3. _First_, seing the haill countrie is devydit in provinces, and
thir provinces agane ar diuidit in paroches, alsweill in landwart
as in townis; in euery paroche of reasonable congregationis, there
wald be placit ane or ma pasturis to feid the flok, and na pasture
or minister, aucht to be burdenit with the particular charge of ma
flockis or kirks thene ane alanarlie.
4. And becaus it willbe thocht hard to find out pasturis or
ministeris to all the paroche kirkis of the realme, alsweill in
landwart as in borrows townis, we think, be the advice of sic as
commissioun may be gevine to, be the kirk and the prince, paroches
in landwart or small villages, may be joint twa or thrie or ma, in
sum places togidder, and the principall and maist commodious kirkis
to stand, and to be repairit sufficientlie, and qualifeit ministeris
placet thereat; and the uther kirkis, quhilk ar not fund necessar,
may be sufferit to decay, thair kirk-zairdis alwayis being kepit for
buriall places: And in sum places quher neid requyris, ane parochine,
where the congregatioun is ouir greit for ane kirk, may be diuidit in
twa or ma.
5. Doctouris wald be appointit in universities, collegis, and uther
places neidfull, and sufficientlie prouydit, for to oppin up the
meaning of the Scripturis, and to haue the charge of scoles, and
teache the rudiments of religioun.
6. As to eldaris, thair waldbe sum to be censuris of the maneris of
the peple, ane or ma in euerie congregatioun; bot not an assemblie of
eldaris in euery particular kirk, bot onlie in the townis and famous
places quher resort of men of jugement and habilitie to that effect;
may be had.
7. Quhair the eldaris of particular kirkis about may convene
togidder, and haue ane commoun elderschip and assemblie-place amongis
thame, to treat of all thingis that concerne the congregatioun of
whome thay haue the ouersicht.
8. And as thair aught to be men appointit to unit and diuyd the
paroches, as necessitie and commoditie requiris, Sa wald thair be
appointit be the generall kirk, with assent of the Prince, sic men
as feireth God, and knew the estait of the countreis, that war able
to nominat and designe places, quhere the assembleis of particular
elderschippis sould convene, to tak consideratioun of the dioces as
thay war diuidit of auld, and of the estait of the countreis and
provinces of the realme.
9. Lykeways as concerning provinciall and synodall assembleis,
consideratioun war easie to be had, how mony and in quhat places
thay war to be haldine, and how oftene thay sould convene,--aucht to
be referit unto the libertie of the general kirk, and ordour to be
appoyntit therein.
10. The Nationall Assembleis of this countrie, callit commounlie
the Generall Assembleis, aught alwayis to be retenit in thair awin
libertie, and to haif their awin place, with power to the kirk to
appoint tymis and places convenient thairfoir.
11. And all men, alsweill magistratts as inferiouris, to be
subject to the jugement of the same in ecclesiasticall causis,
without ony reclamatioun or appellatioun to onie iudge, ciuile or
ecclesiasticall, within the realme.
12. The libertie of the electioun of personis callit to
ecclesiasticall functionis, and obseruit without interruptit
continewnce salang as the kirk was not corruptit be Antichryst, we
desyr to be restoirit and retenit within this realme:
13. So that nane be intrusit upone ony congregatioun, aither be the
Prince or ony inferiour persone, without lawchfull electioun and the
assent of the peple ouir quhom the persone is placet, as the practise
of the apostolicall primitiue kirk and guid ordour craves.
14. And becaus this ordour, quhilk Goddis word cravis, can not stand
with patronages and presentationis to benefices, usit in the Papis
kirk, We desyr all thame that trewlie feiris God, eirnestlie to
considder, that forswamekle as the names of patronagis and beneficis,
togidder with the effect thairof, are flowene frome the Pape, and
corruptioun of the canone law onlie insafar as thairby ony persone
was intruised and placit ovir kirkis hauing _curam animarum_;
And forswameikle as that maner of proceding hes na ground in the
word of God, but is contrar to the same, and to the said libertie
of electioun, thay aucht not now to have place in this licht of
reformatioun: And therefoir quhasaever will trewlie imbrace Goddis
word, and desyr the kingdome of his Sone Jesus Chryst to be aduancit,
thay will also imbrace, and resaue that policie and ordour quhilk
the word of God, and upright stait of his kirk craves, vtherwyse it
is in vane that thay sould haue profest the same. Notwithstanding
as concerning uther patronages of benefices that have not _curam
animarum_, (as they speik,) sic as ar chaplanreis, prebendaries
fundeit upon temporall landis, and annuallis, and siclyk, may be
reseruit unto the ancient patronis, to dispone that upone, quhan thay
veaik, to scolleris and bursaris, as thay are requirit be the act of
Parliament.
15. As to the kirk rentis in generall, we desyr the ordour to be
admittit and mantenit amangis us, that may stand with sinceritie of
Goddis word, and practes of the puritie of the kirk of Christ.
16. _To wit_, that as was befoir spokine, in the haill rent and
patrimony of the kirk, (excepting the small patronagis befoir
mentionat,) may be divydit in four partis and portionis: Ane
thairof to be assignit to the pasture for his intertenement and
for hospitalitie; ane uther to the eldaris, deaconis, and utheris
officiaris of the kirk, sic as clerkis of assembleis, takaris up of
the psalms, beadallis and keparis of the kirks, safar as thay ar
necessar; joyning thairwith also, the doctouris of scoles, to help
the ancient foundationis quhere neid requireth: The thrid portioun to
be bestowit unto the pure memberis of the faithfull, and hospitallis:
The fourt for reparatioun of the kirkis, and utheris extraordinar
chargis as ar profitable for the kirk, and also for the commoun
welth, gif neid require.
17. We desyr thairfoir, the ecclesiasticall guidis to be upliftit,
and distributit faithfullie, to quhome thay appertene, and that
be the ministrie of the deaconis, to quhais office properlie the
collectioun and distributioun thereof belangis: that the pure may be
answerit of thair portioun thereof, and thay of the ministrie leue
without care and solicitud, as also the rest of the thesaurarie of
the kirk may be ressauit, and bestowit to the richt uses.
18. Gif thayes deaconis be electit with sic qualiteis as Goddis word
craves to be in thame, thair is na feir that they sall abuse thame
selfis in thair office, as the prophane collectouris did of befoir.
19. Zit becaus this vocatioun apperes to mony to be dangerous, let
them be oblisht (as thay war of auld) to ane ʒeirlie compt to the
pasturis and elderschip; and gif the kirk and Prince think expedient,
lat cautioneris be oblist for thair fidelitie, that the kirk rents
onnawayis be delapidat.
20. And to the effect this ordour may tak place, it is to be
prouydit, that all utheris intromettouris with the kirkis rentis,
collectouris generall or speciall, whidder it maybe by appointment
of the Prince, or utherwayis, be denudit of forder intromissioun
thereof, and suffer the kirk rentis in tymis cuming to be haillalie
intromettit with be ministrie of the deaconis, and distribute to the
usis afoir mentionat.
21. And also, to the effect that the ecclesiasticall rentis may
suffice to the uses for the quhilk thay ar to be appointit, we think
it necessar to be desyred, that all alienationis, setting in fewis or
takis of the rentis of the kirk, alsweill landis as teindis, in hurt
and diminutioun of the auld rentallis, be reducit and annullat, and
the patrimony of the kirk restoirit to the formar and auld libertie.
22. And lykewayis, that in tymis cuming, the teindis be set to nane
bot to the laubouraris of the ground, or ellis not set at all, as it
was aggriet upone, and subscryuit be the nobilitie befoir.
The Vtilitie that sall flow of this Reformatioun to all Estaitis.
CAP. 13.
1. Seing the end of this spirituall gouernament and policie, quhairof
we spak, is, that God may be glorifeit, the kingdome of Jesus Chryst
advancit, and all thay quho ar of his mysticall body, may leve
peceablie in conscience: Thairfoir we dar bauldlie affirme, that all
thay quha haue trew respect to thais endis, will evin for conscience
caus, gladlie aggrie and conforme thame selfis to this ordour, and
aduance the same, safar as lyis in thame, that their conscience being
set at rest, thay may be replenisched with spirituall gladnes in
geving full obedience to that quhilk Goddis word and the testimony of
thair conscience dois craue, and refusing all corruptionis contrare
unto the same.
2. Nixt, we sall becum an example and patrone of guid and godlie
ordour to uther nationis, cuntreis, and kirkis professing the same
religioun with us, that as thay haue glorifeit God in our continewing
in the sinceritie of the word hitherto, without all errouris,
(praise be to His name,) sa thay may haue the lyk occasioun in our
conuersation, quhen as we conforme our selfis to that discipline,
policie, and guid ordour, quhilk the same word and puritie of
reformatioun craves at our handis; vtherwayis this feirfull sentence
may be iustlie said to us, The servand knawand the will of the
maister, and not doing it.
3. Mairouir, gif we haue ony pitie or respect to the puir memberis
of Chryst, quha sa greatlie increase and multiplie amangis us, we
will not suffer thame to be langer defraudit of that part of the
patrimony of the kirk, quhilk justlie belangis unto thame: And be
this ordour, gif it be dewlie put in executioun, the burding of
thame sall be takine of us to our greit confort, the streitis sallbe
changed of the cryingis and murmuringis of thame; as we salbe na
mair sklander to uther nationis, as we haue hitherto bene, for not
taking ordour with the puir amangis us, and causing the word quhilk
we profess to be euill spokine of, giving occasioun of sclander to
the enemies, and offending the consciences of the semple and godlie.
4. Besyds this, it sallbe a greit ease and commoditie to the haill
commoun peple, and releving thame of the beilding and uphalding of
thair kirkis, in bigging of briggis and uther lyk public warkis; to
the laubourars of the ground in the payment of thair teindis; and
schortlie in all cheif thingis, quhairunto thay have bene hitherto
rigorouslie handlit be thame that war falsely callit kirkmen, thair
tackkismen, factouris, and extortionaris.
5. Finallie, to the Kingis Majestie and common-welth of the countrie,
this profit sall redound, That the uther effairs of the kirk being
sufficientlie provydit according to the distributioun of the quhilk
hes bene spokin, the superplus being collectit into the thesaurarie
of the kirk, may be profitablie imployit, and liberallie bestowit
upon the extraordinar support of the effairis of the Prince and
commoun-welth, and speciallie of that part quhilk is appoyntit for
reparatioun of the kirks.
6. Sa, to conclude; all being willing to apply thameselfis to this
ordour, the peple suffering them selfis to be reulit according
thairunto, (the Princes and Magistrats thame selfis not being
exemit,) and thay that ar placit in ecclesiasticall estait, rychtlie
reuling and governing, God sallbe glorifeit, the kirk edifeit, the
boundis thairof inlargit, Chryst Jesus and his kingdome set up,
Sathane and his kingdome subuertit, and God sall dwell in the meddis
of us, to our comfort, throw Jesus Chryst, quha, togidder with the
Fader and the Halie Ghaist, abydeth blissit in all eternitie. So be
it.
_Finis._
Mr J. RICHIE.
_Deo Gratias._
This Buik of Policie being red apart privatlie be the maist pairt at
sundrie tymis, and the penult of September 1591, being publicklie
in the Elderschip of Haddingtoun, was subscryvit be the brethren
thairof, according to the Act of the Generall Assemblie, as follows:--
Act 8 Augusti,
Sess. 10.
Mr Thomas M‘Gee, minister of Guland.
James Gibsone, minister at Pencatland.
Mr James Carmichaell, minister at Hadingtoun.
Mr L. Hay, Bass.
Thomas Greg, minister at North Berwick.
James Reid, minister at Garvat Kirk.
D. I. Byris, minister of Godis word at Barow.
James Lamb, minister at Boltoun Kirk.
Mr Johne Ker, minister at Abarladay.
David Wallace, minister at Moreine.
RESCINDED ACTS OF ASSEMBLY.
[RESCINDED ACTS OF ASSEMBLY.]
In the Assemblie of the Kirk of Scotland conveint be his
Majestie, and halden at Linlithgow, anno 1606.
Sess. 3. 12. Decembris.
In lyke maner the Conference finding that nothing mair weakened the
credit and strenth of the ministerie and discipline of the Kirk
against Papists, nor mair emboldned the adversares to goe fordward
in their erronious course, than the appearances of division in the
ministrie amang themselves, and the alienatione quhilk seemeth to
be of his Majestie’s mynd from some of them: Therefore, for the
removeing of all eye lysts and shew of division and alienation of
mynds, either amang the ministers themselves, or of his Majestie’s
good affection and favour from any of them, was thocht ane soveragne
remedie for the effectuall suppressing of papistrie. And having
searched and found out the cause of the distraction, of alienation of
mynds forsaids in the ministrie, to be partlie a feare that some of
the brether was of purpose, and upon course to subvert the libertie
and discipline of the Kirk of Scotland, by removing the Sessiouns,
Presbytries, Provinciall and Generall Assemblies, or by vsurping in
their awn persons some sick tyrranous and vnlawfull jurisdiction
as is no wayes lawfull, neither to be tolerated in a truelie and
Christian reformed Kirk, and to shake off that obedience to all
good ordour and comelines, established or to be established by the
lawfull assemblies with his Majestie’s consent; and particularlie
a griefe that some of the brether now banished foorth of his
Majestie’s dominions, and uthers diseased, be long warding and
relegation from their habitations and charges: And finding lykewayes
be the declaration of his Majestie’s commissioners, and sick as
were privie to his Majestie’s mynd, that his Hieness was no less
grieved with divers formes and actions of some of the ministrie,
for not haveand due regard and care to vse sick course in their
actions and administration in the Kirk affaires, as might serve to
intertain a solid peace and quyetnes betweene his Majestie and
them, as lykewayes mutuallie amang themselves, and in speciall, that
the charge of their governement was oftentymes almost ordinarlie
committed to sick as, for lake of wisdome and experience, was no
wayes able to keep their estate in any good frame or quyetnes,
quherunto his Majestie imputed the chiefest cause of all the greifes
and troubles quhilk had fallen out this lang tyme amangst the
ministrie themselves, or any offence given be any of them to his
Majestie, and that his Majestie could not be satisfied quhill this
inconvenient were first removed, and a faithfull remedie provyded,
that thereafter the lyke sould not fall out, quhilk his Majestie
summarlie comprehended in this, if the affaires of the Kirk sould
be administrat be the wysest and most godlie; wheranent also his
Majestie’s speciall overture as heirafter followes, was prepared:
It is his Majestie’s advyse to this Assemblie, and pleasure, that
presentlie there be nominat in everie Presbyterie ane of the godlie
and most grave, of greatest authoritie and experience, and meitest
for governement, to haue the moderation of his Presbyterie quhere he
remaines, till the present sturres and fyre of dissention qwhilk is
amangs the ministrie, and the great prejudice of the authoritie and
credit, and the hinderance of the gospell and his Majestie’s high
offence, be qwenshed and taken away; and the noblemen and others
professing Papistrie within this kingdome so represt by justice
and execution of lawes, or be the labours of the ministrie and
discipline of the Kirk, that they be not able to hinder the course
of the gospell, or strenthen and encourage the credit and power of
laws against them, be committed unto the saids Moderators, and that
the Bishops in the Presbyteries qwhere they are resident, in ane
of the kirks of the Bishopric, have this care and burden committed
unto them; and seeing that it will crediblie fall out that in the
Presbytries, through the greatness of parties and the langsumnes
and difficultie of processe, the saids Moderators will sometymes
be constrained to referre the doing thereof to the Provinciall
Assemblie and the Moderator thereof, it is therfor his Majestie’s
advyse and pleasure that the Moderator of the Provinciall Assemblie,
and persewing of actions of greatest difficultie be comitted unto
the Bishop makand lawfull residence within the said province, or to
the worthiest of them qwhen it sall happen moe than ane to be in
ane province, in respect that his Majestie hes bestowed upon them,
moyane and places qwherby they may be able to beare out the charges
and burden of difficile and dangerous actions qwhilk other ministers
were not able to sustane, and lykewayes by their credit and place in
counsell, are able in sick causes, to procure greater celeritie and
execution of justice as in sick cases will be requisite, than vthers.
The Conference having advysed, first anent the taking away of the
forsaids fiers and suspition and satisfaction of the greifes, and
willing to understand of his Majestie’s Commissioners, and sick as
latelie had been acquainted with his Majestie’s intentions, and
willing lykewise to heare the declaration of the Bishops thereanent
as touching their owne intentions and purposes in this errand: It was
declareit, that it was not in any wayes his Majestie’s purpose and
intention to subvert and overthrow the present discipline of the Kirk
of Scotland, but rather to augment and strenthen the samen so farre
as it could serve for the well of the gospell and the restraint of
vyce, and to sie sick eyelists and offences as in the administration
thereof was the occasion of just miscontentment unto his Majestie,
and a hinderance to the credit and authoritie of the ministrie
themselves, removed and tane away, be sick good overtures as is after
expressed.
In signe quhereof, as there is nothing done in derogatione of the
halding of the Session, the Presbytries and Provinciall Assemblies,
so it was never his Majestie’s intention, but that the keeping of
Generall Assemblies at certaine competent tymes was, and is a most
necessarie mean for the preservation of peace and union in the Kirk,
and extermination of all heresie and schisme in the same: Therefor
his Majestie doeth graceouslie declare, that as the Act of Parliament
doeth still stand in full force and effect for the conveining of
Assemblies anes every zeir by his Majestie’s direction, so it is his
Majestie’s will that the day of conveining the next Assembly sallbe
at Edinburgh the last Tuesday of July.
Sicklyke, the haill Bishops declarit that it was not their intention
to usurpe and exerce any tyrannous and unlawfull jurisdiction
and power over the brethren, nor to ingyre themselves any wayes
unlawfullie in the Kirkes governement, or any part thereof, farder
nor sall be committed to them be the Presbytries, Provinciall or
Generall Assemblies; and if it sould happen to fall out that they, or
any of them, sould be found to doe [in] the contrair, then, and in
that case, they were content to submitt themselves unto the censure
of the Kirk, als humblie as any other of the brether of the ministrie.
In lykemaner, it was declared that his Majestie, according to his
occasiones,[51] lang ammitie and patience towards sick as happened to
offend him of the ministrie, had delayed for a very lang tyme to give
foorth any sentence against the brether now banished, still hopeing
that by their good behaviour and humble sute for his Hienes’ pardon
and favour, his Majestie have occasion to shew his clemencie towards
them; and albeit his Majestie beand justlie provocked, was moved to
give forth his will anent their banishment, Yet imediatlie, being
requested in their favours be the Bishops and other brethren there
present with them, it pleased his Majestie to declare that their
want of his favour proceidit upon their awin default quho had never
humbled themselves to seek his pardon as became them.
In respect quhereof it was thoght meit to direct the Bishop of
Edinburgh,[52] Mrs Patrick Sharp, Patrick Gallaway, Robert Wilkie,
Jo^n. Strauchane, W^m. Hall, Jo^n. Hay, with the Moderator of the
Assemblie, to write a letter to the said brether in their name,
[givand them advyce so to frame and send their humble] sute to his
Majestie for his pardon and favour to them as may give his Majestie
greatest satisfaction, and that the Assemblie earnestlie requeisted
his Majestie’s Commissioners and others Noblemen employed be his
Majestie to this Assemblie, so soone as their said supplication sould
come from them of the tenor forsaid, to concurre be their credit
and intercession with his Majestie, to procure them to be [made]
partakers of that gracious favour quhilk his Majestie at no tyme
heirtofoir refused to any of that profession quhom he fand willing
to acknowledge and amend their oversight, and have recourse to his
clemencie; for the quhilk declaration the Conference praised God, and
thoght good that the brethren sould be written to as is befoir said,
and be the brethrin befoir named.
Thereafter, having considered the overture proponed to them in his
Majestie’s name, and finding it in shew, to carie some appearance of
novation in the discipline of the Kirk, and fearing that it might
bring with it some inconvenients: Therfor the Conference wald not
take on them to determine their advyce theranent, quhill first the
mater were exactlie resolvit in their presence, and sufficient remeid
provyded for preventing all inconvenients might follow thereupon:
Whereupon a good number of the most learned, godlie, and wysest of
the brethren of the Conference, being appointed to reason and heare
ane after another; and having exactly and at good length reasoned
and examined quhatsumever inconvenients might follow upon the
establishing of the said overture, it was considered and found at
last to be ane universall voyce and consent of the whole Conference,
but contradiction, that the said overture was both wise and godlie,
and tending many wayes to the well of the Kirk: Provydeing that
certaine cautions were observed for preventing such evils as might
happen to fall out incase the said Moderators, or any of them,
[should] either arrogantlie presume to usurp any farder power in the
saids Presbyteries and Assemblies than it is comelie and lawfull
for Moderators in sicke cases to doe, and presentlie and without
innovating and altering at their owne fantassies, and at their owne
hands, the custome that the discreit Moderators have used and aught
to use in that place, or utherwayes be found remisse in proponeing
or prosecuting any good purpose or overtouris quhilk sould be giuen
in be the brethren or any of them to the saids Presbyteries and
Assemblies, and according to the doubts quhilk in reasoning were
found out and feared, the cautions following were aggried upon:
1. That it be provyded that the Moderators of Presbytries and
provinciall Assemblies to be nominat and chosen according to his
Majestie’s overtures, sall presume to doe nothing in the Presbytries
and provinciall Assemblies where he moderateis, without the speciall
advyse and consent of the brethren.
2. That the acts of the Generall Assemblies and caveats therein
prescryved anent Bishops be observed.
3. That they sall vse no jurisdiction or power farder than the
Moderators of Presbytries and provinciall Assemblies has bein in use
of, be the constitutions of the Kirk befoir.
4. Incase it sall happen the Moderators of Presbyteries and
provinciall Assemblies to be absent the time of the convention, then
it sall be in the power of the saids provincialls and Presbytries, to
nominate and choose out the wisest and gravest or their brether, to
moderat their meitings in absence of the saids Moderators.
5. Quhen the place of the Moderator in any Presbyterie sall happen to
vaike, the election of another to succeed in his rowme, sall be made
be the whole provinciall Assemblie, with consent of his Majestie’s
Commissioners, if any happen to be there present for the tyme.
6. And when any of the saids Moderators sall happen to depart this
life betwixt Assemblies, it sall be lawfull to the Presbyteries to
nominat ane of the gravest and worthiest of the number to continue
in the Moderation of the Presbyterie qwhill the nixt provinciall
Assemblie.
7. The Moderators of the Presbyteries sall be subject to the tryall
and censure of the Provincialls; and in case it sall happen that
they be found to be remisse in the discharge of their duetie, or [to
have presumed] to usurpe over their brethren any farder power than
is given them be their Assemblie, it sall be ane cause to them of
deprivation from their office of Moderator, and they sall be depryved
therefra be the saids provincialls.
8. In lykemaner, the Moderator of the provinciall Assemblies sall
be tryed and censured be the Generall Assemblie; and if he be found
there to have been remisse from his office of Moderation, or to have
usurped any farder power nor the simple place that ane Moderator, he
sall be depryved fra his said office of Moderator be the Generall
Assemblie.
9. That the Moderator of ilk Presbyterie and provinciall Assemblie,
with the scrybes being chosen, faithfull, wise, and formall men,
be astrictit to be present at all Generall Assemblies as members
thereof, and to have the rigor of the acts and proceiding of the
Presbytries and provincialls there present with them, that their
fidelitie and diligence may be sein be the Generall Assemblie, and
the estate of the countrey therby knawen.
10. That it sall be leisum to ilk Presbyterie to send Commissioners
to the Generall Assemblie, by and attour the Moderator and Scrybe,
two or thrie, according to the act of our Assemblie anent the
Commissioners of Presbyteries, if they sall think it expedient.
11. Farder, it is heirby declared, that notwithstanding of any thing
done at this tyme, the Sessions, Presbyteries, Provincialls and
Generall Assemblies, are to be observed, keeped, and obeyed as they
have bein heirtofoir.
12. That the Moderator of the Generall Assemblie be chosen be vote of
the said Assemblie, certaine leits being first nominat and proponed
frielie, as use hes bein in tymes bypast.
13. That in everie Provinciall Assemblie where there is no Bishop
makand actuallie lawfull residence, and haveand the Moderation of
ane of the Presbyteries, the Moderators of the (meitest of the)
Presbyteries within the said province beand proponed on leitt, the
meitest of them sall be chosen be the said Assemblie Moderator
thereof, his Majestie’s Commissioners’ consent there present beand
had therto.
And farder, the Conference having examined the rolls of ilk
Presbyterie, to sie if any was meiter to use the office of moderation
than these quhilk befoir hes bein nominat to have the care of the
dilation of Papists and uncommunicatis, they fand in their judgement,
that the same persons was of all uthers, in everie Presbyterie,
meitest alsweill to moderat as to haue care of dilation forsaid;
reserveand alwayes unto the ministers of ilk Presbyterie there
convinit, their awne priviledge and power, to nominat unto the
Assemblie, a meiter if any be in the Presbyterie for the moderation;
and therfor the said Conference finds it expedient, that the persons
forsaids accept and take upon them presentlie the said office
of moderation within the Presbyteries respective, and that the
Presbyteries embrace and allow of them; and for this effect, that the
saids Moderators and Presbyteries be requeisted therunto earnestlie
be this Assemblie, and if neid beis, lykewayis charged that the Kirk
of God be not long frustrat of the comfortable effects that the
forsaid ordour is able shortlie, be the grace of God, to produce.
This overture beand proponed and declared at lenth in presence of the
full Assemblie, everie article and heid thereof was with ane uniforme
consent and allowance of all, without contradiction, except only so
farre as concerned the Moderators in moderating of Presbyteries,
and their continuance of the office of the Moderator bezond the
accustomed tyme, quheranent certaine doubts beand proponit and
satisfied, and the Bishops haveand given their declaration foorth of
their awne mouthes anent their intentions and purpose, to be subject
unto the acts and caveats of the Generall Assemblies, and to make
residence within such a space as sould be limitated to everie ane of
them be this present Assemblie; and if it sould be found expedient
for the well of the Kirk, that other meiter and more worthie than
they, to possesse and occupie their places, to demitt their benefices
at the pleasure of the Assemblie; his Majestie’s consent [and
approbatione] beand had thereto, wherein they promised, and if neid
were, to be earnest suitars at his Majestie’s hands. Lykeas some of
them declared, that they had alreadie most humblie craved the same
of his Majestie for the respect they had to take away all offence
from their brethren, provyding alwayes if aither, upon his Majestie’s
advyse or probation to the Assemblie, or their awne supplication, the
Generall Assemblie be moved heirafter, to grant them any relaxation
of any of the caveats, quhilk upon good reason might appeare to the
said Assemblie to be over strait, that this their promise sall make
no derogation to the libertie quhilk the Assemblie heirafter sall be
moved to grant them.
It was voted, and be pluralitie of votes concluded, to witt, his
Majestie’s Commissioners, whole Nobilitie, Erles, and Barrons, to the
number of threttie-three, together with ane hundreth twentie and saxe
of the ministrie votting affirmative, that the said overture anent
the continuance of the Moderator qwhill the present division of the
kirk be removed, and the whole brethren broght to the unitie of mynd
and affection qwhilk is agreeable to their calling, and may serve
best to the furtherance of the cause of God, and overthrow of all
contrarie cause, and the Papists alse fullie reprist or brocht to the
obedience of the gospell, sould passe and be enacted as ane of the
conclusions of this Assemblie;--the forsaids caveats beand alwayes
keeped be everie ane of the saids Moderators, and the contraveeners
censured and punished as is befor expressed--foure only of the whole
Assemblie be their votes disassenting therfra, and uther foure
refusing to vote for want of commission fra their presbyteries, and
twa beand _non liquet_.
Extract foorth of the Book of the Acts of the Assemblie at
Lynlithgow, and subscryvit be the Moderator and Scrybe thereof.
_Sic Subscribitur_,
JA. NICOLSONE, _Moderator_.
MASTER HENDRIE PHILP, _Scrybe_.[53]
_The Names of the Moderators of Presbyteries._
_Zetland._
Mr James Pitcairne.
_Orknay._
The B. of Orknay, in his absence
Thomas Swintone, upon his expenses.
_Caithnes._
The Bishop of Caithnes, and in his absence
Samuel Bruce, upon the Bishop’s expenses.
_Taine._
Mr Johne Ros.
_Ardmannath._
Mr George Monro, to be payed by the
B. of Ros qwhile he be resident
there himselfe.
_Innernes._
Mr James Bischop.
_Forres._
Mr James Dundas.
_Elgin._
The B. of Murray.
_Dumblane._
Mr Robt. Howie, and failzeing of him
Mr George Chalmers.
_Cullen._
Mr George Douglas.
_Bamff._
Mr George Hay.
_Deir._
Mr Archbald Sibbald.
_Ellone._
Mr John Reid.
_Garioch._
Mr Robert Burnett.
_Aufurd._
Mr Alexr. Guthrie.
_Kinkardin Oneill._
Mr John Strauchane.
_Aberdein._
The B. of Aberdein.
_Mernes._
Mr Andro Ramsay.
_Brechin._
Mr Dugall Campbell.
_Aberbrothok._
Mr Arthur Futhie.
_Dundie._
Mr Jo^n. Ramsay.
_Megle._
Mr George Nicolsone.
_Perth._
Mr Alex. Lindesay.
_Dunkeld._
Mr W^m. Glass.
_Couper._
Mr W^m. Scot, and till his return
Mr Johne Caldcleuch.
_St Androis._
The B. of St Andrews: in his absence
Mr W. Wilkie, to be payit be the B.
_Kirkadie._
Mr Jo^n. Michelsone.
_Dunfermling._
Mr Jo^n. Fairfull.
_Auchterardour._
Mr John Davidsone.
_Striviling._
Mr Patrick Simsone.
_Lynlithgow._
Mr Ro^t. Cornwall.
_Edinburgh._
Mr Jo^n. Hall.
_Dalkeith._
Mr George Ramsay.
_Haddingtoun._
Mr James Carmichaell.
_Dunbar._
Mr Edward Hepburne.
_Chirnesyde._
Mr Jo^n. Clappertoun.
_Dunce._
Mr David Hoome.
_Melros._
Mr Jo^n. Knox.
_Kelso._
Mr James Knox.
_Jedburt._
Mr Jo^n. Abernethie.
_Twidaill._
Mr James Logane.
_Lanerick._
Mr W^m Birnie.
_Hamiltoun._
Mr Ro^t. Dalkeith.
_Glasgow._
The B. of Glasgow, and in his absence
Mr Patrick Sharp.
_Paislay._
Mr Jo^n. Hay.
_Dumbarton._
Mr Jo^n. Blackburne, and quhill he
make residence,
Mr W^m. Stewart.
_Air._
Mr Jo^n. Inglis.
_Irwing_.
Mr Alex^r. Scrimgeor.
_Dumfries._
Mr Thomas Ramsay.
_Kirkudbright._
The B. of Galloway, and in his absence
Mr Ro^t. Glandynning.
_Wigtoun._
Mr James Adamsone.
_Argyle._
The B. of Argyle.
_Isles._
The Bishop, and in his absence
Mr Ro^t. Steuart, and on his expenses.
Extract.
_Sic sub^r._
JA. NICOLSONE, _Moderator_.
MASTER HENDRIE PHILP, _Scrybe_.
The Generall Assemblie of the Commissioners from the Presbytries
of the Kirk of Scotland, halden at Lynlithgow, the 26th of July
1608--in the qwhilk were present the King’s Commissioner, viz.
the Earle of Dumbarr.
Sessio 1^{ma}, Julij 26, 1608.
Exhortatione beand made be Mr Pat. Galloway, Moderator of the last
Assemblie, the brethren, after the accustomed manner, proceedit to
the election of the Moderator of this present Assemblie; the leets
being nominat, Mrs Patrick Scharp, James Law, Bishop of Orknay, John
Mitchelsone, Pat. Lyndsay, John Hall, and Patrick Simpsone;--be
plurality of votes, Mr James Law was chosen Moderator _hac vice_.
The Assessors appoyntit to conveene with the Moderator in the privie
conferrence for treating of such things as are to be concludit in the
Assemblie are these: The Earles of Dumbarr, Wigtone, and Lawthiane,
with the Collector-Generall, his Majestie’s Commissioners, the
Earles of Glencairne and Kinghorne, the Lords Grahame, Lindsay,
Lowdane, Blantyre, Halyrudehouse, the Lairds of Balmanie, Kynnaird,
Kilsyth, Carnell, the Bischopes of Caithnes, Mr William Dowglass,
the Bischop of Aberdeene, Mr George Hay, the Bischop of Brechine,
Mr Andrew Leitche, Mr Patrick Lyndsay, Bischop of St Androis, Mr
John Mitchelsone, Mr Patrick Simsone, Bischop of Dunkeld, Bischop of
Dumblaine, Mrs Will. Cowper, Patrick Galloway, John Hall, David Home,
John Knox, Bischop of Glasgow, Mr Pat. Scharp, Bischop of Galloway,
Mr Alex. Scrymgeour, Mr William Hamiltone, Mr Thomas Ramsay, Bishop
of Argyll.
The hours of meeting appoyntit to be, for the privie conferrence,
aucht hours in the morning and two afternoone, and for the Assemblie
nyne houres in the morning and three afternoon. The brethren
appoyntit for reading and answering the bills are Mrs Arthure Futhie,
Henry Philp, John Clappertoune, John Reid, Peter Hewat, Edward
Hepburne, and John Hay.
Sess. 2^a, Julii 27.
Forsuameikle as ane of the maist speciall causes of the convention of
this present Assemblie is for suppressing of papistrie and idolatrie,
qwhilk dayly mair and mair increases within this realme, and
repressing of Papists, Jesuits, and Seminarie Priests, qwhois number
still mair and mair increases within the same, to the great dishonour
of God and overthrow of trew religione profest within this realme, if
the same be not with some solide remead obviat in tyme: Therefore it
is thocht expedient be the Assemblie, that before all uther things,
this article concerning Papists and Papistrie be first advysit upon
and concludit: And to the effect the Assemblie may the more solidlie
and with the greater light proceed in the said matter, therefore they
have ordaynit that the Commissioners of every Synod at the rysing
of this Sessione conveine themselves severallie, and make ane roll
conteining the number of Papists and the names of them within the
bounds of their Synod: 2. The causes why Papistrie, Superstitione,
and Idolatrie is come to so great ane height within this realme:
3. The remedies for suppressing all sorts of Papists and Idolaters
within the same, viz. Papists already excommunicat, Papists qwho hes
sworne and subscrivit to the treuth, and yet refuises to imbrace the
same, and Papists that in word profess the truth, but in doctrine and
deid contrairs the same: 4. What forme of proceeding every Synod hes
usit against the Papists within their bounds: Quhilks articles the
saids Synods shall put in wreit, and delyver the same to the Privie
Conferrence at three afternoone.
It is lykewayes ordaynit that every Synod shall make ane particular
roll of the names of such as are receipters of Jesuits, traffiqueing
Papists, and Seminarie Priests within their bounds, and delyver the
same privilie to the Earle of Dumbar, his Majestie’s Commissioner, to
the effect order may be taken thereanent.
_Item_, Because the Marques of Huntlie hes been lang under proces and
censure of excommunicatione before the Synods of Aberdeen and Morray,
and in respect of his continuance and indurat superstitione of
Papistrie and Idolatrie, they have orderly led and deducit the proces
unto the finall sentence, the pronuncing quherof hes been continowit
be them from tyme to tyme, upon hope of his Lordship’s amendment and
turning from Idolatrie and Papisticall superstitione to the trew
religion presently professit within this realme, and because they
finde no hope of the same, but be the contrair greater obstinacie:
Therefore the haill Assemblie in ane voyce decerns and ordaynes the
sentence of excommunicatione to be pronuncit against his Lordship,
with all possible diligence, and continows the declaratione of the
place quhen the same shall be done and be quhom, to the nixt Sessione.
Sess. 3^a, 27 Julij.
Quhilk day, in presence of the haill Assemblie, compeirit Sir Thomas
Kar of Hircha, Knight, in name of George Marques of Huntlie, and
presentit ane supplicatione in name of the said noble Lord beirand as
followis: Because that conscience is the only argument that movit me
this wayes to protract tyme till I had perfect resolutione, and being
far from an opinator, or ane that is given over to self-will, as
appearit be my yielding to hear conferrence, and, lastly, be my going
to the Kirk. I first wald have cravit, if possibly it might have
been done, that I might have been heard with myne own mouth, that I
might most heartilie intreatit that ane tyme might be condescendit
on by your worships, within the quhilk, as it shall please you to
conclude, I offer either to satisfy the Kirk, or presently to find
surety under great soumes to avoyd the countrey before this day to be
prescryvit be your worships. _Sic subscribitur_, HUNTLIE:
And conforme thereto desyrit the same to be considerit, and requests
in respect of the offers therein conteinit the pronouncing of the
sentence of excommunicatione against his Lordship to be continowit.
Quherwith the haill Assemblie being ryplie advysit, fand the offers
conteinit in the supplicatione to be very frivolous, and no wayes
inclyning to obedience and satisfactione; in respect quhereof, and
for many other causes, and in speciall, because his Lordship, be
his band, subscrivit with his hand upon the last of Junii 1608,
presently produced in face of the Assemblie be the Commissioners
of Aberdene, band and obleist himself to satisfie the Kirk, be
communicating betwixt the date thereof and the 17th of July last
bypast, otherwayes the ministrie to proceed with the sentence of
excommunicatione against him, as in the said band at mair lenth is
conteint: Therefore, the Assemblie, all in ane voyce, ordaynes the
sentence of excommunicatione presently to be pronuncit against him be
the Moderator of the Assemblie, in face of the haill Assemblie, but
ony delay; conforme to the qwhilk ordinance, Mr James Law, Bischop
of Orknay, Moderator of this present Assemblie, in face thereof,
in maist solemne forme, pronuncit the sentence of excommunion
against George Marques of Huntlie; qwhilk sentence is ordaynit to
be intimat in all the kirks of this realme be the ministry the next
Sonday immediately after their returning from this Assemblie; and
in speciall, they command and ordayne the brethren of the Synod of
Aberdeen and Morray to intimat the said sentence in their kirks
immediatelie after their returning, and inhibites and maist straitly
charges them, and every ane of them, that they receave nae offers of
satisfaction frae the said Marques, but be speciall advyce of his
Majestie and the kirk had therto.
The Commissioners appoyntit in the former Sessione for giving in the
names of Papists, the causes of their increase, and remedie to obveat
the same, producit their particular rolls, containing the saids
heads, qwhilk the Assemblie thocht good sould be revisit, abridgit,
and put in order be the Bischop of Glasgow, Mr Pat. Simpsone, Mr
Wm. Cowper, John Clappertoune, John Hall, and George Hay, to the
effect the samen might be presentit be them to the privie conferrence
the next morning, that after, they may be intreatit in face of the
Assemblie.
Sess. 4^a, Julii 28.
Forsuameikle as the brethren of the Presbyterie of Glasgow and Synod
of Clyddisdale quho were appointit to deall and conferre with William
Earle of Angus, Lord Dowglass, for bringing of him from blindness and
superstitione of Papistrie and Idolatrie to the acknowledging of the
trewth profest within this realme, did testifie in presence of the
Assemblie, that they saw no appearance in his Lordship of conversione
from his errors, but that rather by all evident tokens he was the
more obstinat and obdurat in heresie of Papistrie, quhilk he some
tyme abjurit before be subscryving of the trew religione presently
profest within this realme: Therefore the Generall Assemblie ordaynes
the Presbyterie of Glasgow to proceed against the said Earle with the
sentence of excommunicatione conforme to the censures of the Kirk,
with all possible diligence, and that they pronunce the said sentence
against him betwixt and the 18 of September nixt to come, to quhom
the Assemblie committs their haill power to that effect; discharging
and inhibiting any of them to receave any offers of him for absolving
of him from the said sentence, without the advyce of his Majestie and
Commissioners of the Assemblie had and obtaynit therto.
Forsuameikle as the brethren of the Presbyterie of Perth quho were
appoyntit to deall and conferre with Frances Earle of Erroll, for
bringing him from blindness and superstitione of Papistrie and
Idolatrie to the acknowledging of the treuth presently profest within
this realme, did testifie in presence of the Assemblie that they
could see no appearance in his Lordship of conversione from his
errors, but rather be all evident tokens he was the mair obstinat
and obdurat in his erracie of Papistrie, quhilk he sometyme abjurat
before be subscryving of the trew Religion presently profest within
this realme: Therefore the Generall Assemblie decerns and ordaynes
the Presbytrie of Perth to proceed against the said Frances Earle of
Erroll with the censures of the Kirk, until the finall pronuncing
of the sentence of excommunicatione against him inclusive, with all
possible diligence, and that they pronounce the said sentence betwixt
and the 18 day of September nixt to come; to quham the Assemblie
committs their full power to that effect, discharging and inhibiting
any of them to receave any offers from the said noble Lord for
absolveing him from the said sentence, without the advyce of his
Majestie and Commissioners of the Assemblie had and obtained thereto.
Forsuameikle as be the declaratione of the brethren of the Presbytrie
of Irvine, it was made known to the Assemblie, that after long
dealing and conferrence had be them with the Lord Semple for
bringing him to the acknowledging of the truth and imbracing of
the sincere religione, they could not reap any good fruit of their
labours and travills taken with him, but be the contrair he still
continowit obstinat and indurat in his detestable error of Papistrie
and Idolatrie, to the great hurt and evil example of the rest of
the country: Therefore the Generall Assembly presently convenit,
charges straitly and commands Mr Alex. Scrymgeour, Moderator of the
Presbytrie of Irvine, under the pain of infamie and deprivatione
from his functione, to pronunce the sentence of excommunicatione
against the said Lord Semple, in the Kirk of Irvine, upon Sonday the
14th of August nixt to come, after the sermone, but any delay or
impediment quhatsoever, and that the haill brethren of the Ministrie
within the bounds of the Synod of Kyle, Carrick, and Cuninghame,
intimat the sentence of excommunicatione so pronuncit against the
said Lord Semple, every one of them at their awne Paroche Kirkes,
upon Sonday nixt and immediatly following thereafter; discharging
also and inhibiting the said Moderator and remanent brethren of the
said Synod, to receave any offers or satisfactione from the said Lord
Semple, but advyce of his Majestie and Commissioners of the Generall
Assemblie had and obtained therto.
Sess. 5. 28 Julii.
The brethren appoyntit of before for reviseing and putting in order
of the causes of the increase of Papistrie within this realme, and of
the overtures for remeiding and suppressing of the same, gave in the
saids causes and remedies thereof, of the quhilk the tenor follows:--
The causes of the increase of Papistrie within this realme are
thought either to aryse of the pairt of the Ministrie, or else of
wthers causes arysing from the Ministrie: First, their negligence to
see the youth in every paroche brought up in the knowledge of the
trewth by catechiseing, and careless to urge provision for Schooles
within their bounds.
Secondly, The rasche and sudden admissione of men to the ministrie
that are not able to withstand and convince the adversary in the
dayes of apostacie.
Thirdly, The laike of care in ministers to mark the offences, viz.
to consider the course of the enemie, and to discover and dilate
Jesuites and traffiquers against religione, and uthers pervertit be
them.
Fourthlie, The distraction aryseing amang the ministrie, quhill as
diversitie of judgment hes drawne them unadvysedly to contrarietie of
affectiones, breeding carnall contentions among themselves.
Overtures for remeiding of the Causses forsaids.
First, That it be of new inactit, that all ministers examine young
children of the age of sax yeares, and try that they have the Lord’s
Prayer, Beliefe, and Commandments, in the quhilk their parents shall
be halden to instruct them before the saids years, together with some
schort forme of grace before and after meat, as also some schort
morning and evening prayer, and againe, that their growth in greater
knowledge of religione be tryit, that afterwards it may please God to
grant increase of knowledge at the age of fyftein or saxtein years,
they may be admitted to the holy communione.
Secondlie, That the Apostles precept be remembrit;--Lay hands
suddenly on no man--And according to it, that for closeing of the
doore upon the affectiones of men, some longer tyme be ascryvit for
admission of men to the ministrie; the exception of rare gifts being
reservit to the judgment of the Generall Assemblie.
Thirdly, That ministers quho shall be found after tryall to
have delayit the executione of discipline against Papists upon
negligence--that is, either not beginning proces, or, if it be
begune, not ending the same within halfe ane year, shall losse ane
year’s stipend; and these that shall be fund to have done it upon
some corrupt favour, shall be simplie deposit.
Fourthly, That there be recommendit to the ministry ane holy caire
mutually to eschew offences, and follow peace and love, quherunto we
are callit: the meanes for removing of such offences is referrit to
the Generall Assemblie.
Causes of the Growth of Papistrie as they are conceavit, aryseth of
utheris.
First, The overseeing of Seminarie Priests and Jesuites to traffique
within the land, for perverting of such as hes not occasione to go
out of the countrey, and impunitie of such as hes receaved them,--as
also, that liberty that evill disposed persones, voyde of knowledge,
hes taken of the injurie of tyme, to bring hame the books of apostats
and professit Papists.
2dly, The preferment of men suspect of religione to publick offices
within this realme.
3dly, The favour schawne be these that are in authoritie to
traffiquers and excommunicat Papists after they had been apprehendit
and wardit, sic as the Abbot of New Abbay and uther Mess Priests,
dimittit as is thought out of ward, not without reward and without
all warrand of his Majestie, and presently tollerat in the countrie
without persute, quhilk hes not only wrought ane coldness of
religione in the hearts of many people, but also nourishit ane false
opinione of his Majestie, quhilk opinly bursts out in the mouths and
speeches of many.
4thly, That qwheras Presbytries are proceeding in the triall of mess
sayers and messe hearers, impediment is made be the Lords of his
Majestie’s Councill, either by advocatione before the Lords, or
dispensatione to such as are excommunicat, or by contramanding the
Presbyteries to desist under the paine of hornying; and that the
executione being producit against any persone before the judges, the
same is not regardit, but proces grantit unto him as if he were ane
member of the kirk not excommunicat.
5thly, The great libertie grantit to the subjects of this kingdome to
repaire unto such pairts qwhare nothing is taucht but defection from
religion and treason against lawfull princes, and no securitie taken
for their constancie, and in speciall, the sending of noblemen’s
sonnes by such as are in authoritie, furth of the land, by such
convoy as may delyver them into the hands of Papists to be pervertit
in religione, qwhereupon many of them are become apostates.
Lastly, The want of preachers in many congregations in this land, so
that in ane province thirty-ane kirks are found to be vaickeand, and,
in others, some seventeen, as in Nyddesdale, and uthers throw many
pairts of the land.
Overtures for remedieing the Causes forsaids.
First, That ane commissione be grantit be his Majestie to the Bischop
of every Synod with such well affected noblemen and gentlemen as the
Commissioners of the Generall Assemblie shall nominat, to apprehend
traffiqueing Papists, Jesuites, and Seminarie Priests that does haunt
within their bounds, with power to charge the receipters to make open
dores and delyver them, under the paine of treasone.
Secondly, That his Majestie be humbly intreatit, that no Papists nor
suspect of Papistrie, beare charge in Councill, Sessione, Government
of Townes, nor uther Publick Offices; and if there be any in the
estate presently quhom his Heines knawes in his awne wisdome, to be
men evil affectit towards religione, that his Majestie wold take
order therwith.
Thirdly, That his Majestie will give order for executione of his
Heines lawes against Papists and traffiquers with all rigour, and
that no favour be grantit be any officer of estate without his
Majestie’s privitie, under the paines of incurring his Majestie’s
hiche displeasure; as also, that the Councill make no impediment to
the letters of hornying to discharge the proceeding of Presbytries
against the persones forsaids.
Fourthly, That Papists quho ance have been knawne professors of
Papistrie, and for eschewing of civill paines or hope of preferment,
will abjure their religion, that his Majestie will please to cause
inact, that it shall not be lawfull to such to injoy any office
or honor in the Commonewealth, notwithstanding of their oath and
communicating, untill fyve yeares probatione had been taken of their
constancie and sinceritie in professing of the truth.
Fifthly, That the Act made at Bruntiland concerning the sonnes of
noblemen and uthers passing to uther countries be considerit and
confirmit, quhereof the tenor follows: Item, for eschewing farther
evill quhilk might come to the estate of Religione be the evill
educatione of the youth furth of the country, it wold be cravit of
his Majestie and Secret Counsell, that sic noblemen and uthers as
directs ane pedagogue be knawne godly and of good religione, learnit
and instructit in the same, and approvit in his religione be the
testimoniall of his Presbytrie;--that their remaining furth of the
countrey be in places qwher the Religione is presently profest,
or at the leist qwhere there is no restraint of the same be the
cruelty of inquisitione;--that dureing the tyme of their absence
they shall not haunt any idolatrous exercise of religione, and such
as hes not the moyen to sustaine ane pedagogue with their sonnes
forth of the countrey, that they send them to such pairts quhere
there is no restraint of religione; and in caice their sonnes, after
their departure out of the countrie, haunt these pairts where the
profession of the trew religione is restraint, that they find caution
not to intertaine them: And in caice any that passes furth of the
countrie imbrace any uther religione then that qwhilk is presently
professit within this realme, and this to be ane exceptione against
their service of their brives, and at the tyme of admission of any
of them to any office or honors; and in caice any of their parents
contraveen any of the premisses, that they incurre such paine as his
Majestie and Secret Councell shall modifie, and that such as are
already out of the countrey either be callit back againe before ane
day to be appoyntit be his Majestie and Secret Councell, or else
that their parents be subject to the lyke conditiones as is before
sett downe, with such other additions to be eikit be his Majestie
as his Heines shall think expedient; and in speciall, for better
explanatione heirof, that at every service of any man as air to his
father or any his predicessors, he be not servit be the Sheriff or
any wther ordinar Judge to burgh or land, as air to his father or any
of his predicessors, butt the testimony of the Bishop or Moderator of
the Presbytrie quhare he dwells, beirand the confession of his faith
and integritie of religione presently profest within this realme.
Saxtly, That the sonnes of such noblemen as profess Papistrie be
delyverit to the custodie of uther their noble friends that are of
religione, to be brought up in the knawledge of the truth.
Seventhly, That the searchers of merchandise brocht hame from beyond
sea, be commandit to sease upon all books brocht hame, and put them
to be tryit be the ministrie of the Presbytrie unto the quhilk they
arryve, and that all book-sellers lykewise doe the same before they
make open sale thereof, under the paine of confiscatione.
Auchtlie, That excommunicat Papists, especially such as be of ranke,
be apprehendit and put in close ward, and none have accesse unto them
except such as are of religione presently profest.
Ninthly, That his Majestie give order for the down casting of Gicht’s
chappell, the house of John Cheine in Esselmonth, quho receipts all
Jesuits and Seminarie Priests.
Tenthly, That order be taken with the Pilgrimages, viz., the Chappell
callit Ordiquhill and the Chappell of Grace, and to ane well in the
bounds of Enzie.
Eleventhlie, That such persons as are or shall be excommunicat and
beares publick office within this realme, and thereafter put to
the horne, that they nor their deputs shall bruik no office nor
auctoritie under his Majestie efter their denunciatione, but that his
Majestie shall appoynt wthers in their rowmes to doe and minister
justice to his Majestie’s leidges.
Lastly, That his Majestie wald take order anent the planting of the
Kirks that are presently destitute of pastors, and in speciall the
Kirks of the Chappell Royall.
Quhilks haill causes of increase of Papistrie within this realme,
with overtures for remeiding thereof, the Assemblie hes thought
expedient that the same be direct to his Majestie, with ane humble
supplicatione, requesting his Grace to take such order thereanent, as
his Majestie shall think maist expedient for repressing of Papistrie,
and increase of the truth and light of the gospell within this
realme; quhereunto the Earle of Dumbar, his Majestie’s Commissioner,
with the remanent of the nobility presently conveint in this
Assemblie, hes promised to concurr: And therefore the Assemblie hes
nominat, and be thir presents nominats,
{blank space} Earle of Wigtoune, ArchBishop of Glasgow, {blank space}
Livingstoune of Kylsith, Mr William Cowper, minister at Perth, James
Nisbet, merchand in Edinburgh, and Mr William Hart, of Presstoune,
their very lawful Commissioners, giving them thair full power to
present the humble supplicatione of this present Assemblie to his
Majestie, together with the causes of increase of Papistrie, and
overtures for remeid thereof above rehearsit, desyrand them that
they wald maist humbly intreat his Majestie to consider of the
same, and if his Heines thocht expedient, to cause the same to be
put to executione, and that the rather because, that after the last
conventione halden at Lynlithgow, quher there was many good acts and
constitutions sett downe and concludit, the Papists, nevertheless,
did most prowdly and contemptuously upbraid diverse of the ministrie,
menassing them that they or the nobilitie conveint with them at that
tyme, durst be bold to conclude any thing that might portend to the
prejudice of Papists or Papistrie, as was clearly understood be the
brethren conveint in this Assembly.
Sess. 6, 29 Julii, Ante Meridiem.
The qwhilk day the Assemblie thocht expedient that the Commissioners
above specifeit, elect and chosen to present this supplicatione
to his Majestie as is above rehearsit, shall with all possible
diligence repare toward his Majestie, and with all humility present
the said supplicatione to his Heines, and what ane answer it shall
please his Majestie to give, that they reporte the same betwixt and
the 15 of November nixt to come; and to that effect, the Assemblie
hes chosen out of their number the Noblemen, Barrons, and brethren
underwritten, viz. Earles of Crawford, Mortoune, Glencairn, Lithgow,
Kinghorne, the Lords Grahame, Lyndsay, Saltone, Lowatt, Torphichen,
Lowdon, Scoone, Balcleuch, Blantyre, Halyrudehouse, the Constable
of Dundie, the Lairds of Kynnaird, Balvaird, Carnall, Houstoune,
Edmistoune, Broxmouth, Polwart, Sir John Hoome of Northberwick,--the
Commissioners of Edin^r., Perth, St Androis, and Glasgow, with
the brethren after following, viz. Mrs William Dowglass, Alex^r.
Lawsone, Abraham Sibbald, John Reid, Arthur Futhie, Androw Ramsay,
John Kynneir, David Lyndsay, Adam Bannatyne, Patrick Weymes, Edward
Hepburne, George Ramsay, Wm. Methven, Patrick Schaw, Walter Stewart,
Hew Fullertoune, James M‘Quhorne, Thomas Ramsay, Robert Glendynning,
together with the Commissioners of this Generall Assemblie, to
convene at Edin^r. the said 15 of Nov^r. nixt to come, and there to
receave from the saids Commissioners the report of his Majestie’s
most gracious answer to the supplicatione forsaid, in name of the
haill Assemblie; and in the meantyme, the Assemblie commands and
ordaynes the haill Presbytries within this realme to proceed against
Papists of all sorts within their bounds with the censures of
excommunicatione, &c.
The said day, the Commissioners of the last Generall Assemblie
being callit to give compt of their haill proceeding since the last
Assemblie, compeirit and offerit themselves to be tryit on their
proceedings be this present Assemblie, and to abyde at the censure
of the same; and being demandit for productione of their acts and
proceedings in wreit, declairit be the mouth of Mr John Hall, their
Moderator, in absence of Mr Patrick Galloway, that the same could
not be found, be reasone that sometyme umquhill Mr James Nicolsone,
minister at Meigle, and in his absence umquhill Richard Thomsone,
minister at Cassiltoune, were ordinar scribes and keepers of the
rolls of all their proceedings, quha are both departit this lyfe;
and albeit they have made travell at their executors hands for
obtaining of the said scrolls, yet they could on no wayes attain
unto the same--and therefore they and every ane of them did offer
themselves to be particularlie censurit be this present Assemblie,
and therefore being ordaynit all to remove; qwhilk being done,
Mr W^m. Cowper, Moderator, appoyntit to this effect, demandit
publickly if any of the Assemblie had aught to object against the
saids Commissioners proceedings why the samen sould not be ratified
and allowit? In respect of the taciturnitie of the haill brethren,
and that nothing worthy of censure was objectit to any of them for
their proceedings,--the saids Commissioners being receivit in the
Assemblie, took instruments of the ratificatione and allowance of
their saids proceedings.
The said day, the brethren of the Generall Assemblie presently
convenit, having advisedly considerit the necessitie of electing and
chuseing Commissioners from this present Assemblie for giving advice
to his Majestie anent the suppression of papisticall superstition
qwhilk increases mair and mair dayly within this realme; therefore
they have made, and constitute, and ordaynit, likeas they, be the
tenor heirof, maks, constitutes, and ordaynes Mr George Gladstones,
Bischop of St Andrews; John Spotswood, Bischop of Glasgow; David
Lyndsay, Bischop of Ross; Alexander Lyndsay, Bischop of Dunkeld;
Peter Blackburne, Bischop of Aberdeene; James Law, Bischop of Orknay;
Alexander Douglass, Bischop of Morray; Gavin Hamiltone, Bischop of
Galloway; Alexander Forbes, Bischop of Caithnes; Andrew Lamb, Bischop
of Brechine; Andrew Knox, Bischop of the Isles; Patrick Galloway,
Patrick Simsone, David Hoome, John Clappertoune, John Knox, Robert
Howie, John Hall, John Caldcleuch, John Strachane, Andrew Boyde,
Andrew Leitch, Robert Wilkie, Patrick Scharpe, George Hay, Patrick
Lyndsay, William Scott, Adame Ballantyne, John Hay, William Cowper,
or any elevin of them, their very lawfull and undoubtit Commissioners
from this present Assemblie; givand, grantand, and committand unto
them, or any elevin as said is, their full power to plant such kirks
in burrowtownes as presently are or shall be found destitute of
pastors, before the next Assemblie. Attour, if it shall happen the
King’s Majestie to be grievit at ony of the ministry for qwhatsoever
enormitie committit be them against his Heines, with power to them,
or any elevin of them, as said is, to try and cognosce thereupon, and
to take such order thereanent as they shall think expedient to the
glory of God and weill of the Kirk; and, finally, with power to them
to present the grieves and petitiones of the Kirk to his Majestie,
his Heines Secret Counsell, Generall Conventiones and Parliaments
that shall happen to occurr before the next Assemblie, and to crave
redresse of the samen; ordayning them to give accompt of their
proceedinge to the next Generall Assemblie quhen it shall happen to
conveine, &c. It is alwayes speciallie provydit, that this present
nominatione of the same Commissioners quhilk were for the most part
Commissioners in the last Assemblie, shall no wayes be prejudiciall
to the Assemblie’s liberty in choising and electing Commissioners
quhom they shall think most meit and expedient, neither shall this
election indure or import any perpetuity of the office in the persone
of the persones electit.--_Item_, It is statute that the haill
Commissioners be desyrit and warnit to keep all their conventiones is
opportunitie the same day may be done.
Forsuameikle as the distractiones and eyelists quhilks are suspectit
to be in the hearts of the brethren among themselves, is one of the
maist speciall and urgent causes of the increase of Papists and
Papistrie within this realme: Therefore, for avoyding thereof, that
certain of the brethren, viz., The Bischops of St Androis, Ross,
Glasgow, Orknay, Mrs John Hall, Patrick Simsone, Wm. Cowper, and
John Knox, conveine with his Majestie’s Commissioners to advyse upon
the most solide and substantious overture for removeing of the saids
eylists and distractiones, and to reporte the same to the Assemblie
the next Sessione.
Sess. 7. Julii 29.
The said day the brethren appoyntit for advysing upon the best
overtures anent the distractiones and eylists that were enterit in
the hearts of the ministry declarit, that after mature deliberatione
they fand the saids eylists and controversies to aryse either upon
distractions of affectiones, or else diversitie of opiniones, the
first whereof being carnall, and therefore more dangerous, because it
sufferit not the brethren quhais affections were separate to unite
themselves with efald and uniforme counsell and advyce, to resist
the subtill practises of the common enemie, and so give him place
with his subtill crafts to enter in the Kirk of God, and thereby to
supplant and undermyne the same; Therefore their advyce was, that as
the danger increases be the nourisching of the distracted affections
of the brethren, even so the cure was the more necessary, and the
more hastily to be applyit, to wit, That the haill brethren of the
ministrie sould presently, in the fear of God, lay down all rancour
and distractione of hearts and affectiones, quhilk either of them hes
borne against uthers in all tymes bypast, and be reconcilit in the
heartie affectione in Christ, as becomes them quho are ministers of
the word of God, and preachers of peace, Christian love and charitie
to his people, to the effect that this heartie reconciliatione,
their hearts and advyce may be conciliat for disappoynting of the
crafty devyse of the enemy. Quhilk advyce the haill brethrene of the
Assemblie maist willinglie and heartilie imbraced, and ordained every
ane of them, alsweill Commissioners present as of the ministry that
were absent, to obey the same, by laying downe and casting away all
grudge or rancour that any of the brethrene bear at uthers; in token
qwhereof, and of an efauld union of hearts and affections, they all
held up their hands to God, testifying to his Majestie the truth of
their hearts in the said matter; and lykewayes they ordaynit the
same to be intimat to the rest of the brethren at their returning
to their Presbytries, to the effect the same may be done in every
Presbytrie immediately after their returning, as said is--inhibiting
also and dischargeing any such distractions or rancours to be among
them, either in affectione, word, deed, or countenance, but that they
concurre in ane mutuall friendship and amitie in God, as becomes the
pastors of the Kirk of Christ; and qwhosoever does in the contrair,
that he be censurit in his awne Presbytrie or Synod,--and in caice of
negligence, the Commissioners of the Assemblie.
As for the second cause of eylists, qwhilk is said to aryse upon
diversitie of opiniones, because these diversities of opinions
results upon different judgements amongst the brethren, concerning
the externall government and discipline of the Kirk, qwhilk cannot
so schortly be discussit and advysit upon as the brevitie of this
Assemblie permitts: therefore it was the opinion of the brethren
forsaid that the same sould be delayit to ane tyme mair convenient:
and in the meantyme, certaine appoyntit to reasone, intreat, and
advyse upon the same, quhilk lykeways the Assemblie hes thocht
expedient--and, therefore, they have electit and chosen the
brethren after following, viz. The Bischops of St Androis, Glasgow,
Dunkeld, Orknay, Cathnes, M^r Patrick Scharpe, Robert Howie, John
Mitchellsone, Henry Philip, George Hay, Patrick Galloway, John
Hall, Patrick Simsone, W^m. Scott, Archbald Oswall, John Knox, John
Carmichaell, Adam Ballantyne, John Weems, and W^m. Cowper, their
Commissioners in that part, to convein with his Majestie’s Councill
as his Hienes shall appoynt, at such tyme and place as they shall be
requyrit be his Majestie, and to treat, reasone, and consult upon all
matters standing presently among the brethren anent the discipline
of the Kirk, and quhatsoever they agree upon to report to the nixt
Generall Assemblie. And, in the meantyme, quhill the nixt Assemblie,
for an _interim_, the advyce of the brethren convenit at Falkland the
16 of Junii last, be observit anent the constant Moderator.
_Item_, It is statute and ordaynit, that as upon every fifth day
of August, publick thanksgiving is given to God for preservatione
of his Majestie from the treasone of sometyme John Earle of Gowrie
throughout all the pairts of Great Brittaine, and that the same be
intimate at every paroche Kirk with all possible diligence; ordayning
that such as refuses to doe the same, be observit and delait to the
Commissioners of the Generall Assemblie.
_Item_, Because the brethren appoyntit for tryell of the diligence
of the Commissioners appoyntit be the last Generall Assemblie for
visitatione of the Presbytries and report, that it was ane generall
grief and complaint given in be the few commissioners that had
producit their diligence of the great desolatione of the want of
pastors, and in speciall of the farthest of the North and South
partes; therefore the brethren ordaint the commissioners of this
present Assemblie to direct ane supplicatione to his Majestie for
taking order for planting of the kirks within this realme; and in
respect of the great necessitie of the kirks of Annandale, Ewisdale,
and Eskdale, and the rest of the kirks of the daills quhilks are
altogether unplantit, as likewayes, the kirks of Cathnes and Ross, in
the quhilks it is regraited that in many of them the holy communione
was never celebrate: Therefore the Assemblie hes given and grantit,
likeas they be the tennor heirof gives and grants their full power
and commission to their brethren underwritten, viz., to the Bischop
of Glasgow and Mr John Knox, for visitatione of the kirks of
Annandaill, Evisdaill, and Eskdaill, and remanent daills unplantit
as said is, and to the Bischop of Caithnes, George Dowglass, and Mr
Wm. Dowglass, for visitatione of the kirks of Caithnes and Rosse,
with power to them to plant ministers at the kirks within the saids
bounds respective, and to try the literature, qualificatione, and
conversatione of such as are already plantit, and in caise of
insufficiency to depryve them from their functione; with power also
to cause kirks be re-edified quher as they are demolisched, and if
need beis to unite kirks qwher necessitie requires, and to report
their diligence to the nixt Assemblie--_promitten de rato_.
Sessio Ultima. Penultimo die Julii, Ante Meridiem.
_Item_, Because ane great part of the desolatione of kirks proceeds
from the absence of certaine of the ministry from their flocks, be
reasone they are so confynit, therefore the Assemblie hes thocht it
expedient that the Commissioners direct ane humble supplicatione to
his Majestie, most humbly desyrand his Hienes to sett at libertie
such of the ministrie as are confynit, to the effect be their
presence and awayting on their cure their flocks may be comforted,
qwhilks are now left desolate.
_Item_, Because it is humbly lamentit that the inhabitants of the
towne of Aberdeene ceases not yearly to elect and chuse such persones
to be magistrats and upon their counsell as are wilfull and profest
Papists, and enemies to the truth profest within this realme, to the
dishonour of God, and dishearting of such as feares his name, and
contempt of discipline within that burgh; Therefore it is ordaynit be
the Assemblie that the Presbytrie of Aberdeene inhibit the Councill
and inhabitants of the said burgh, that they elect nor chuse no
Papists to beare office of ane magistrate or upon councill in no
tyme coming, and if they doe in the contrare, that they proceed
against them with the censures of the Kirk; Ordayning lykewayes the
Commissioners appoyntit for his Majestie to adjoyne this petitione to
the rest of their supplicationes, that by his royal authority, ane
civill paine may be imponit upon the contraveeners of the said act.
_Item_, It is ordaynit that no minister in ony tyme coming, take upon
hand to solist in favour of Papists or suspect of Papistrie, either
before the civill or spirituall Judge or utherwayes, either be word
or wreit, under the pain of deprivatione.
_Item_, Because there is sundrie supplicationes given in to the
Generall Assemblie quhilk, for the schortness of tyme, cannot be
decydit and answerit; therefore the Generall Assemblie remitts the
same to their Commissioners above constitute, ordayning them to
conveen upon the 15 of Nov. nixt to come, and there to decyde and
answer all such bills and supplicationes as shall be direct unto them
upon the back from this present Assemblie.
_Item_, Because it hath pleasit God of his mercy to grant ane good
and happy successe to this present Conventione, to the comfort of
his awne Kirk and discontentment of his enemies; therefore the
Assemblie ordaynes the same to be intimate be every Presbytrie at
their severall paroche Kirks immediately after the dissolving of this
Conventione, and that they give publick thanks for the same, and
pray God for a prosperous and a lang reigne to his Majestie and the
health of his Royall posteritie.
The next Generall Assemblie is ordaynit to hald at Edinburgh the last
Twesday of May 1609 years, if his Majestie shall think expedient.
Thanks being given to God for the prosperous event of this Assemblie
be prayer and singing of psalmes, the same was dismissit.
The Generall Assemblie of the Kirk of Scotland, halden at Glasgow
the 8 of Junii 1610 years, where was present the King’s
Commissioners, viz. the Earle of Dumbarr with the Bischopes,
with the Commissioners of Presbytries.
Moderator,
Follows the Heads and Articles concernyng the discipline of the
Kirk to be observit in all tyme coming.
In the first, it is declarit that the allegit Assemblie haldin
at Aberdeen is null in the self, speciall in respect it had not
his Majestie’s allowance, and was dischargit be his Majestie’s
Commissioner.
And because necessitie of the Kirk craves that for order taken with
the common enemie and uther affaires of the Kirk, there shall be
yearly Generall Assemblies, the condition whereof the Assemblie
acknowledges to appertayne to his Majestie be the prerogative of his
royall crowne; and, therefore, the Generall Assemblie maist humbly
requests his Majestie, that Generall Assemblies be halden ance in the
year, or at the liest, in respect of the necessitie forsaid, that his
Majestie wold appoynt ane certaine tyme at the quhilk the samen shall
be halden precisely in all tyme coming.
_Item_, It is thocht expedient that the Bischops shall be Moderators
in every diocesane Synod, and the Synods shall be halden twyse in the
year, of the Kirks of every diocie, viz. in Aprill and October. And
quher, as the diocies are large, that there be two or three Synods in
convenient places for ease of the ministry.
_Item_, That no sentence of excommunicatione or absolutione therefra
be pronuncit againes or in favours of any persone without the
knowledge and approbatione of the Bischop of the diocie, quho most be
answerable to his Majestie for all formall and impartiall proceedings
therein; and the proces being found formall, the sentence to be
pronuncit at the directione of the Bischop, be the minister of the
paroche quhere the offender dwells and their proces began.
And in caice the Bischop shall be found to have stayed the
pronuncing of the sentence against any persone that hes merite the
same, and against quhom the proces has been lawfully deducit, that
advertisement shall be made to his Majestie to the effect ane uther
may be placit in his rowme.
_Item_, That all presentationes heirafter be direct to the Bischop;
and upon any presentatione given or utherwayes sute made be any to be
admittit to the ministry, the Bischop is to requyre the ministry of
these bounds qwhere he is to serve, to certifie by their testificat
unto him of the partie suiter, his conversatione past, his abilitie
and qualificatione for the functione; and upon returne of their
testificat, the Bischop is to take harder tryall, and finding him
qualifyed, and being assistit be such of the ministry of the bounds
qwhere he is to serve as he will assume to himself, he is then to
perfect the haill act or ordinatione.
_Item_, In depositione of ministers, the Bischope associating to
himself the ministry of these bounds qwhere the delinquent serves, he
is then to take tryall of his fault, and upon just cause found, to
deprive him.
_Item_, That every minister, in his admission, shall swear obedience
to his Majestie and his ordinar, according to the forme sett downe in
the conferrence keepit in the year of God 1567, qwhereof the tenor
follows:--
The Forme of the Oath to be given to the Persone provydit to any
Benefice with Cure, the tyme of his Admission be the Ordinar.
I, A. B., now nominat and admittit to the G. of K., utterly testifies
and declares on my conscience, that the richt excellent, richt
hiche and mighty Prince James the Sixt, be the grace of God King
of Scotts, is the only lawfull, supreame governour of this realme,
alsewell in things temporall as in conservatione and purgatione of
religione, and that no forraigne Prince, Prelat, nor Potentate, hes
or oucht to have jurisdictione, power, superioritie, preheminence or
authority, ecclesiasticall and spirituall, within this realme; and
therefore I utterly renunce and forsake all forraine jurisdictiones,
powers, superiorities, auctoritie, and promises; that from this
furth, I shall and will bear faith and trew alleadgeance to his
Hienes, his airs, and lawful successors, and to my power shall
assist and defend all jurisdictions, priviledges, preheminences,
and auctorities grantit and belangand to his Hienes, his airs, and
lawfull successors, or united and annexed to his Royall Crowne: And
farther, I acknowledge and confesse to have and hald the said G.
possessions of the same (under God only) of his Majestie and Crowne
Royall of this realme: and for the saids possessiones, I do homage
presently unto his Hienes in your presence, and to his Majestie, his
aires, and lawful successors, shall be faithful and trew: Swa help me
God.
_Item_, The visitatione of ilk diocie is to be done be the Bischop
himselfe; and if the bounds shall be greater than he can overtake, he
is then to make speciall choyce, and to appoynt some worthy men to
be visitors in his place; and quhatever minister, without just cause
and lawfull excuse made, shall absent himselfe from the visitatione
of the diocesian Assemblie, he shall be suspendit from his office and
benefice, and if he amend not, he shall be depryvit.
_Item_, Exercise of doctrine to be continowit weekly amangst the
ministers at the tymes of their accustomed meetings, and to be
moderatit be the Bischope, if he be present, or then be ane uther
quhom he sall appoynt at the tyme of the Synod.
_Item_, The Bischope shall be subject in all things concerning his
life, conversation, office, and benefice, to the censure of the
Generall Assemblie, and being found culpable, with his Majestie’s
advyce and consent, to be depryvit.
_Item_, That no Bischop be electit but who hes past the age of fourty
years compleat, and quha at liest hes been an actuall teaching
minister ten years.
Qwhilks haill articles being diverse tymes publickly read in the
face of the haill Assemblie conveinit, after voteing, the samen
was ratified, approven, and concludit be the haill Assemblie, and
ordaynit to be observit in all tyme comeing.
Forsuameikle as in this present Assemblie it is already statute, that
the exercises shall be moderat be the Bischopes in the meitings of
the ministry, if they be present, or then be any uther qwham they
shall appoynt at the tyme of the Synod, and because the next Synod is
not to be holden before the month of October nixt to come, therefore
it is ordaynit, that in absence of the Bischope, ane constant
Moderator shall remaine in their owne places qwhill the next Synod be
holden in October.
_Item_, Because it is uncivill that laws and constitutions, either
civill or ecclesiasticall, being ance established, and in force by
publick opinion and consent, should be controllit and callit in
question be any persone, therefore it is statute by uniforme consent
of this haill Assemblie, that none of the ministry, either in pulpit
in his preaching, or in the publicke exercise, speake and reasone
against the acts of this present Assemblie, nor disobey the same
under the paine of deprivatione, being tryit and convict thereof; and
specially that the question of equalitie and inequalitie in the kirk,
be not treatit in the pulpit under the said paine, and that every ane
of the Commissioners present intimat this act in the first meeting of
their services.
Extract furth of the Registre of the Acts of the Generall Assemblie
be Mr Thomas Nicolsone, Commissar of Aberdeen, Clerke, Keeper and
Extractor heirof.[54]
The Generall Assembly of the Kirk of Scotland, halden at Aberdein
the 13th of August 1616 years, qwhere was present the Earle
of Montrose, Commissioner for his Majestie, together with the
Archbischops, Bischops, and Commissioners for Presbytries.
Exhortatione being made be {blank space} Mr John Spotswood,
Archbishop of St Androis, was chosen Moderator.
Sess. 2^a. August 14.
Forsuameikle as the maist urgent causes of the convocation of this
present Assemblie is to obviat the great increase of Papistrie
within this realme, and to try out the just causes thereof, to the
effect that sufficient remedies may be provydit for redressing of
the same in all tyme coming, and that it is found be the haill
Assemblie that ane great part of the causes of the increase forsaid
relyes presently upon the slackness of the ministers in their holy
profession, and pairtly upon the not executing of the lawes, alsewell
civill as ecclesiasticall, against such persones as either were
excommunicat themselves, and openly continuit the said censure, or
qwho intertaines, receiptes, and maintains qwha are excommunicat,
or qwho were the traffiquers against the trew religione presently
profest within this realme: For remeid qwhereof the whole Assemblie
in ane voyce hes statute and ordaynit in manner after following:
In the first, for the better tryall and discovering of Apostates,
It is statute and ordainit that qwhosoever hes confessit the trew
religion presently profest within this realme, and hes subscrivit the
same, and has receavit the holy communion of the Supper of the Lord,
and communicat conforme to the order prescryvit within this realme,
if at any tyme hereafter he or she be found in any tyme either to
reasone or gainstand the trew religione presently profest within
this realme, or any particular head thereof, or to raill against the
same, or else directly or indirectly to be a seducer or perverter
of others from the said truth presently profest as said is, or if
he or she be found to resett or intertaine any traffiquing Papists,
Jesuites, or Seminarie Priests; any one of the said facts or deeds
shall be ane sufficient cause of apostacie, and these doers shall be
repute and punischit as apostates; and because the probatione in the
saids causes is difficile and almost impossible, in respect that the
said deeds are committit covertly and quherin probatione hardly can
be producit; therefore it is statute, that in caise their probatione
cannot be had, that it shall be lawfull to prove the same be the oath
of the pairtie alleadgit committer of the saids facts and deeds,
and that it shall not be lesum to him to refuse to give his oath in
the saids matter, upon whatsomever collour or pretence of criminall
action or wthers following thereupon; and to this effect that ane
supplicatione be direct to his Majestie, that it might please his
Hienes to sett downe ane ordinance for ratificatione of the former
statute, to the effect it may be receavit in all judicatories.
_Item_, It is statute, if any persone or persones quho hes conformit
himself to the trew religione presently profest within this realme,
and hes subscryvit the Confession of the Faith and receavit the
Communion, if in any tyme hereafter he or they doe not haunt the
ordinare exercises of religione, being admonisched be their ordinare
Pastor _trina admonitione_, the same being proven shall be ane cause
to punische them as held and repute apostates.
_Item_, It is statute and ordainit, that qwhatsoever persone, knowne
of before tyme to have been a Papist, and after reconciling to
the Church, he shall be tryit and found to weare and beare under
persone _Agnus Dei_ beads, cross, crucifixes, or to have uther
house idols or images, or in their books such things as before they
have superstitiously used, the same shall inferr just suspicione of
apostacie and falling back; and they being convict thereof, shall be
halden and repute as apostats.
_Item_, It is statute and ordainit, that qwhensoever any minister
shall receave any Papist returning from his errors to the bosom of
the Kirk, that at the tyme of his receaving, the minister shall first
take his oath solemnlie sworne, that he shall declare the verity of
his fayth and belief in every particular poynt and article contayning
the Confessione of the Faith qwhilk shall be speirit at him, and that
immediatly the said minister shall examine him particularly upon
every head contained in the said Confessione of Fayth, and receave
his particular answer thereupon _affirmative_ conforme to the same,
utherwayes he shall not be receavit.
_Item_, It is statute anent the wyfes of noblemen and wthers qwho
receipts traffiquing Papists, Jesuites, Seminarie Priests, and if the
same were done against the will and knowledge of their husbands,
that all such women shall be callit and convenit for the said receipt
and intertainment; and their being convict therefore, they shall be
wardit ay and qwhill they finde sufficient cautione to abstaine from
the lyke in all tyme coming under a certaine paine, but prejudice of
any actione that may be competent against their husbands, conform to
the lawes of this realme.
_Item_, Because the speciall cause of increase of Papistrie proceeds
upon the not putting to executione of the statutes and acts of
Parliament made against traffiqueing Papists, or Seminarie Priests,
that therefor an applicatione be directed to his Majestie, that it
will please his Hienes to take such order that the lovable laws and
acts of Parliament made be his Majestie in tymes bypast against
traffiqueing Papists, Jesuites, or Seminarie Priests, may be put to
executione in tyme coming with rigour.
_Item_, It is statute that the haill names of Papists recusants,
within this realme, be given in be the Commissioners of this present
Assemblie, to the clerk, to be delyverit be him to the Archbischops
of St Androis and Glasgow, conforme to their severall provinces, to
the effect they may be callit and conveinit before them in the hie
commission, and punisched as accords; but prejudice alwayes of uther
ecclesiasticall censure and discipline of the Kirk statute against
them of before.
_Item_, It is ordaynit that every ane of the ministry give up the
names of such of their paroche as hes past furth of the cuntrie, and
not found caution for their behaviour and sincere professione of the
trew religione furth of the samen, conforme to the act of Parliament,
to the effect they may be callit, convenit, and punishit therefore.
_Item_, It is statute that the haill names of the persons
excommunicat within this realme quhilk shall be given up be the
Commissioners, be delyverit to the Bischope of every diocie, quho
shall delyver a catalogue of the names to every minister within his
diocie, ordayning every minister to make publick intimatione thereof
at every ane of their paroche kirkes, upon Sunday, in tyme of divyne
service, that no man pretend ignorance of the same; charging and
inhibiting every one of their paroche, that they neither receipt
the saids excommunicants nor intercommon with them; certifying them
and they doe in the contrare, they shall be callit and conveinit as
receipters of traffiqueing Papists and excommunicat persones, and
punisched for the same.
_Item_, The Assemblie recommends to the care of Bischops within their
dioces, and Ministers within their congregationes, to travell with
the noblemen, gentlemen, and burgesses, that there be the ordinarie
exercise of reading and prayer within their houses, as also ane
prayer for the King’s Majestie and his children every meal.
Sess. 15.[55] August 15, 1616.
_Item_, Because there are some pamphlets and books full of calumnies
quyetly sett furth and spread within this countrie be the Papists
and enemies of trew religion; therefore the Assemblie hes ordaynit Mr
Wm. Scott, minister at Cowper, and Mr William Struthers, minister at
Edinburgh, shall make answers to the said books and pamphlets, to the
effect that thereby the people may be instructit how to beware of the
same, and the said errors and calumnies may be refutit.
_Item_, Because it is certainly informit that certaine women tacks
upon them to bring up the youth in reading, sewing, and wthers
exercises in schools, under pretext and cullour quherof traffiquing
Papists, Jesuites, and Seminarie Priests, hes their appoyntit tymes
of meeting, at the quhilk tyme they catechise and pervert the youth
in their growing and tender age, in such sort that heirby thereafter,
by great paines and travells, can they be brocht from their errors to
the acknowledging of the truth presently profest within this realme:
It is therefore statute and ordaint that it shall not be leisume to
quhatsoever persone or persones to hold any schools for teaching of
the youth, except, first, they have the approbation of the Bischop
of the diocie, and be first tryit be the Ministers of the Presbytry
quhere they dwell, and have their approbatione to the effect forsaid.
_Item_, Because it is ane great abuse in people passing to
pilgrimages, wells, and old chapells, as lykewayes in putting up of
banefyres; Therefore it is ordaint that the brethren of the ministry
be diligent in teaching of the people and preaching against such
abuses and superstitione, to the effect they may be recallit from the
saids errors, and lykewayes that the minister take diligent tryall
of the names of those quho haunts those pilgrimages, and delait the
same to the Archbischopes of St Androis and Glasgow, every ane within
their owne provinces, to the effect they may be callit before the
Commission and punischit for the same.
It is lykewayes ordaynit that their names be delyverit to the
Justices of Peace within the places of their pilgrimages and dayes of
their meetings, and that they be requestit and desyrit to attend upon
the saides dayes of their meetings, and to disturbe and divert them
therefrom be apprehending and punisching them.
_Item_, It is ordaynit that every minister give up the names of
idle sangsters within their paroche to the Justices of Peace, that
they may be callit and convenit before them and punischit as idle
vagabonds, conforme to the Acts of Parliament and power given to the
saids Justices thereanent.
_Item_, Because it is found that diverse of the saids Jesuites,
traffiquing Papists, and Seminarie Priests, goes about under collour
and pretext of Doctors of Physicke and Apothecaries, deceaving and
perverting the people from the trew religione profest within this
countrie; Therefore ane supplicatione wald be direct to his Majestie,
that it wald please his Hienes to statute and ordayne that none
hereafter be sufferit to wse and exerce the office of ane Doctor of
Physicke or Apothecar whill first he have ane approbatione from the
Bischop of the dioces qwhere he maks his residence, of his conformity
in religione, as lykewayes from the Universitie qwhere he learnit and
studyit, of his qualificatione in the said airt.
The qwhilk day appearit in presence of the haill Assemblie, John
Gordoune of Buckie, in name and at the directione of ane noble and
potent Lord, George Marques of Huntlie, and presentit ane petitione
direct be the said Marques to the said Assemblie, subscrivit with his
hand, desyrand ane answer of the same to be given be the Assemblie,
qwhereof the tenor follows, as is to be found in the end of this
Assemblie.*[56] As lykewayes was producit be {blank space} ane letter
direct from the Archbishop of Canterburie, together with ane uther
letter from the King’s Majestie, concerning the absolutione of the
said Lord Marques from the sentence of excommunicatione made be the
said Archbischop of Canterburie, qwhilk were both read in presence of
the haill Assemblie, and ordainit to be registrat in the Acts of the
Generall Assemblie _ad perpetuam rei memoriam_, qwhereof the tenor
follows:
Here to insert the two letters quhilk is to be found afterward.*[56]
With the quhilk the Assemblie being ryplie advysit, hes thocht it
maist expedient that the said Marquess compeir in presence of the
whole Assemblie, there to testifie his conformitie in the poynts of
religione, and resolutione to abyde thereat, and so to be absolvit
from the sentence of excommunicatione pronuncit against him; and
therefor ordaines the said John Gordoune of Buckie to advertise
the said Lord Marques, that he compear before the Assemblie upon
Wednesday nixt to come, the 21 of August instant, to the effect
forsaid; and for the better furtherance heirof, the Assemblie hes
desyrit the Lord Commissioner and Lord Archbishop Moderator, to write
thir letters to the said Lord Marques for the causes forsaids.
Sess. August 16, 1616.
The quhilk day, the Lord Commissioner for his Majestie producit
certain instructiones direct be his Majestie to the said Lord
Commissioner to be preponit to this present Assemblie anent the
provisione of the remedie for the defectione and falling away of many
from the truth, quhereof the tenor followeth:
Instructions to the richt trusty and well-beloved Cowsing and
Counsellor the Earle of Montrose.--Here to be insert.*[56]
Qwhilk being read in audience of the haill Assemblie, they most
humbly thanked his Majestie for the great care and solicitude his
Majestie alwayes tooke for the advancement of the glory of God and
professione of the trew religione within this realme, and holding
downe and suppressing of papistrie and superstitione within the same;
and as to the said instructions, the brethren were ordaynit to advyse
therewith qwhill the morne.
Sess. August 17, 1616.
Anent the said instructiones direct from his Majestie to this
Assemblie, the said Assemblie being rypelie advysit therewith, hes
statute and ordaynit as followeth:
In the first, concernying the cause and defectione of many from
the trew religione in this kingdome, and the remedies thereof, the
Assemblie hes set them down in the articles made before in this
present conventione; and therefore most humbly desyres his Majestie
to confirme and allow them, and make them receave executione.
_Item_, Because the laicke of competent maintenance to ministers is
the chief cause of the evill qwhilk lyes upon this kirk, qwhilk for
the maist pairt proceeds from the dilapidatione of benefices; to the
effect therefore that the progress of that evill may be stayit, and
some meines devysit to recover that qwhilk by iniquitie of tyme has
been losit, the Assemblie remitts the tryall, cognitione, and whole
dispositione of this matter to the Commissioners appoyntit from this
Assemblie for the causes underwritten. And in the meintyme, inhibits
and discharges all ministers who are beneficit persones, and uthers
that are members of any chapter, to sett in tack and assedatione,
any pairt of their benefices, either in long or schort tackes,
to qwhatsoever persone or persones, or as members of chaptor to
give their consentes to any tackes or assedationes sett be uthers,
qwhill the saids Commissioners have conveinit and taken order anent
dilapidatione of benefices and forme and manner of setting of tacks,
under the paine of excommunicatione of the persons setters of the
saids tacks and consenters thereto, and deprivatione of them from
their benefices.
_Item_, Because the provisione of learnit, wyse, and peaceable men
to be ministers at chief Burrowtownes in vaickand places, such as
Edinburgh, Perth, Aberdeene, Bamff, and uther places vaickand, is
ane most effectuall meane to root out Poprie and perpetuat the
trew professione of religione; it is therefore ordaynit that the
burrowtowns be provydit with the most learnit, wyse, and peaceable
men that may be had; and because the commissioners of the towne of
Edinburgh hes no commission from the said toune anent the provisione
of ministers to the vaickand places within their said kirk, therefore
the care thereof is committit to the saids commissioners, to quhom
it shall be injoynit in their commission, that they sie the same
performit; and as to Perth, the Assemblie ordaynes my Lord Bischop
of Galloway to deall with the Commissioners of the towne of Perth
for provisione of that vaickand place; and sicklyke ordaynes the
Provost of Aberdeene to advyse with the counsell anent the planting
of the said kirk, to the effect sufficient and qualified men may be
nominat and provydit to the saids places before the dissolving of
this present Assemblie.
_Item_, Because ane speciall care should be had of the places of
noblemen their residence, chiefly of such as were thoucht to inclyne
to Poprie; therefore the Assemblie statutes and ordaynes, that the
Lords Archbischops and Bischops, with the advyce of their Synods,
take care that most learnit and discreet persones of the ministrie
be appoyntit to attend the saids places, and be transportit thereto,
sic as the kirks of Bellie, North Berwick, Cockburnespath, Paslay,
and wthers places quhere noblemen make residence, chiefly those quho
are thought to inclyne to Poprie, and that they have a care of their
maintainance and sufficient provisione; and if the same be small,
that these that are appoyntit to attend at the saids kirks carie
their livings and rents with them quhill farther order be taken.
_Item_, Forsuameikle as ane of the maist speciall means for staying
the increase of Poperie, and settleing of the trew religione in
the hearts of the people, is, that ane speciall care may be taken
in the tryell of young children, their education, and how they are
catechisit, qwhilk in the meantyme of the primitive church was most
carefully attendit, as one of the most effectuall meanes to cause
young children in their tender years drink in the trew knowledge of
God and his religione, but is now altogether neglected in respect
of the great abuse and errors quhilks creip in into the Popishe
church, upon the said good ground he bigging thereupone ane Sacrament
of confirmatione; therefore, to the intent that all errors and
superstitione quhilk hes been biggit upon the said ground may be
rescindit and taken away, that the matter itself being most necessar
for educatione of youth may be reducit to its owne integritie:
It is statute and ordaynit that the Archbishop and Bischops in the
visitatione of the kirks, either be themselves, or qwhene they cannot
overtake the bussiness, the minister of the paroche, make all young
children of such yeares of age be presentit before them, and to give
confession of the faith, that so it may appear in quhat religion
they have bein traynit up, and that they be commendit to God by
prayer at the tyme, for the increase of knowledge and continwance
of his grace with them after that tryall; that the minister of the
paroche, every two or three years, ance at the least, re-examine
them, that after sufficient growth in knowledge they may be admittit
to the holy communione; and it is desyrit that ane supplicatione be
direct to the King’s Majestie, humbly craving that it wold please his
Hienes to injoyne ane punischment upon such parties as either do not
present their children, or shall be found negligent in their right
instruction, and that they be callit and convenit therefore before
the High Commission.
_Item_, It is statute that the simple professione of the faith
underwritten be universally receavit throughout this whole kingdome,
to the qwhilk all hereafter shall be bound to swear and sett their
hands; and in speciall all persones that bear office in the Church,
at their acceptatione of any of the saids offices, and lykewayes
Students and Schollars; of the qwhilk Confessione the tenor follows:--
Here to insert the Confession of Faith.[57]
_Item_, It is statute and ordaynit that a Catechisme be made,
easie, short, and compendious, for instructing the common sort in
the articles of religione, qwhilk all families shall be subject to
have, for the better informatione of their children and servants,
qwho shall be halden to give accompt thereof in the examinationes
before the communione: and for the better effectuating heirof, the
Assemblie hes ordaint Mr Pat. Galloway and Mr John Hall, ministers at
Edinburgh, and Mr John Adamsone, minister at Libbertone, to forme the
said Catechisme, and to have the same in readiness before the first
day of October nixt to come, to the effect the same may be allowit
and printed with the King’s Majestie’s licence; the qwhilk Catechisme
being so printed, it is statute and ordainit that no uther hereafter
be printed within this realme, nor used in families for instruction
and examinatione of their bairnes, servants, nor the people, in all
tyme coming.
_Item_, It is statute and ordaynit that ane uniforme order of
Lyturgie or Divine Service be sett doune to be read in all Kirks on
the ordinarie dayes of prayer, and every Sabbath day before the
sermone, to the end the common people may be acquainted therewith,
and by custome may learne to serve God rightlie: and to this intent,
the Assemblie hes appoyntit the saids Mr Patrick Galloway, Mr Peter
Elliot, Mr John Adamsone, and Mr W^m. Erskine, minister at {blank
space}, to revise the Book of Common Prayers contenit in the Psalme
Book, and to sett doune ane common forme of ordinary service to
be used in all tyme hereafter, quhilk shall be usit in all tyme
of common prayers in all Kirks quhere there is exercise of common
prayers, as lykewise be the minister before the sermone quhere there
is no reader.
_Item_, It is statute and ordaynit that in all tyme hereafter, the
holy Communion be celebrate in all Kirks within this realme at
the tymes following, viz. in Burrowtownes, the Communion shall be
celebrate four tymes in the year, and twyse in the year in landward
Kirks, so that ane of the tymes alseweel in Burrowtounes as landwart
shall be at the tyme of Eister yearly; and if any persone shall not
communicat ance in the year at ane of the foresaid tymes, that it
shall be humbly requyrit of his Majestie that the penaltie of the Act
of Parliament may be exactit of such persones with all rigour.
_Item_, It is thoucht most necessare and expedient that there be
ane uniformitie of Church discipline throughout the whole Kirks of
this Kingdome; and to that effect it is statute and ordaynit that a
Book of Cannons be made, published in wreit drawn furth of the Books
of formall Assemblies, and quhare the same is defective that it be
supplied be the Cannons of Counsell and Ecclesiasticall Conventiones
in former tyme, the caire quherof the Assemblie be thir presents
committs to the Richt Reverend James Archbishop of Glasgow, and
W^m. Struthers, minister at Edinburgh, quho shall put in forme the
said Ecclesiasticall Cannons, and present them to the Commissioners
appoyntit be this Assemblie; to quhom power is given to try, examine,
and after their allowance and approbatione thereof, to supplicat to
his Majestie that the same may be ratified and approved by his Royal
authoritie, with priviledge to put the same in print.
_Item_, It is statute and ordaynit, that for the help of posteritie,
and to continue the light of the Gospell with ages to come, the
Divinitie Colledge foundit at St Androis, quhilk sould be the
seminarie of the Kirk within this realme, be maintainit and upholden,
and ane speciall care taken thereof; and because the rent thereof
is meine for the present, it is ordaynit that for the provisione
of some students in divinitie every diocie shall intertaine two,
or according to the quantitie of the dioces so many, as the number
may aryse to twenty-sax in haill--respect being had to the mienness
of some diocies, and greatness and powers of wthers, so that the
leist diocies in their contributione shall be helpit and easit be
the greater: in the qwhilk number it is ordaynit that the halfe at
the leist be the sonnes of poor ministers, and be presentit be the
Bischops of the diocies to the place.
_Item_, The Assemblie ratifies and approves the former Act made in
the Assemblie holdin at Halyrudehouse the tenth day of November
1602 anent the sacrament of baptisme, that the same be not refusit
if the parent crave the same, be giving ane Christian confessione
of his fayth upon any uther particular pretence of delay to tyme of
preaching, with this extentione and additione, that baptisme shall
no wayes be denyit to any infant quhen ayther parents of the infant,
or ony uther faithfull Christiane in place of the parents, shall
requyre the same to the infant, and that the same be grantit ony tyme
of day, butt ony respect or delay till the hour of preaching.
_Item_, It is ordaynit that every minister have ane perfect and
formall register quherin he shall have registrat the particular
of every baptisme of every infant within his paroche, and quha
wer witness thereto, the tyme of the marriages of all persones
within the same, and the speciall tyme of the buriall of every ane
deceisand within their parochine, and that they have the same to
be in readiness to be presentit be every ane at their next Synod
Assemblie, under the paine of suspensione of the minister not
fulfilling the same, from his ministry; and it is declared that the
saids Commissioners in their supplicatione direct to his Majestie,
wald crave humbly that his Majestie wald ordaine the extract furth
of the said registres to make faith in all tyme comeing; and quho so
observes this Act, the Archbischops and Bischopes shall let them have
their qoats of their testaments gratis.
_Acta Sessione Ultima._
The quhilk day, in presence of the whole Assemblie, compeirit the
noble and potent Lord, George Marques of Huntlie, and declareit
that he had direct before, John Gordoune of Buckie to present his
supplicatione to this present Assemblie, quhereof the tenor is insert
before: Lykeas of new, he reiterat the said supplicatione, declaring
the sorrow and grieff he had conceivit, in that he had lyen so long
under the fearfull sentence of excommunicatione, and, therefore,
most humbly desyrit to be absolvit from the same, as he faithfully
promised in face of the haill Assemblie to performe and fulfill the
conditiones and heads under specifeit, viz.:
First, The said noble Lord faithfully promised before God, his hand
holden up, to professe and abyde be the trew religion presently
profest within this realme, and allowit be the lawes and acts of
Parliament within the same.
2. He faithfully promised to communicat at the first occasione he
should be requyrit, and so to continow, conforme to the order of the
land.
3. He should cause his children, servants, and whole domesticks, be
obedient to the Kirk and discipline thereof, and sould cause them
haunt the kirk at ordinar tymes of preaching.
4. He shall not receave Papists, Jesuites, Seminarie Priests, in his
house, nor nane of his lands, but put them out of his bounds with all
diligence.
5. He allows the Confessione of the Faith presently sett downe be the
said Assemblie; and in token of his constant confessione thereof, he
hes subscrivit the samen in face of the Assembly.
Qwhilks haill premisses above specifeit the said noble Lord protests
and declares that he hes made and subscrivit truely and with
ane honest heart, butt any equivocatione, mentall reservatione,
or subterfuge qwhatsoever, devysit be the Romish Kirk and their
supposts. Attour, the said noble Lord faithfully promised to plant
his whole kirks qwhereof his Lordship hes the teinds in tack
positiones or utherwayes, at the sicht and conclusione of my Lord
Archbischop of St Androis, the Bischop of Murray, and the Laird
of Corse, unto qwhois modificatione the said noble Lord submitts
himself; be the tennor of thir presents, givand them power to
modifie compleit steipends to the saids kirks, and as they shall be
modified be them he oblisses him to make payment of the same to the
ministers provydit or to be provydit to the saids kirks.
And in respect of the premisses, the Assemblie ordaynit the said
noble Lord to be absolvit from the sentence of excommunicatione led
and deducit against him before conformyng hereto, the Right Reverend
Father, John Archbischope of St Androis, moderator, in face of the
Assemblie, absolves the said George Marques of Huntlie from the said
sentence, led and deducit against him, and receavit him againe into
the bosome of the Church.
The quhilk day, the Generall Assemblie of the Kirke of Scotland
presently convenit, having interest in consideratione of the cause
of the defection and falling away of many from the trew religione,
and having found the laike of the competent maintainance to ministers
not to be the leist cause of the evills quhilks lyes upon the Kirke
presently, the ground and fundament quhairof for the maist pairt
hes proceedit from the dilapidatione of benefices, with the quhilk,
if some solide order be not taken in tyme, the same is apparent to
bring furth greater evill and desolatione in this Kirke: And seeing
the King’s Majestie hes requyrit that order may be taken with the
saids dilapidationes, Therefore, in respect the same cannot suddenly
be done, but will requyre ane lang tyme and mature deliberatione,
the Assemblie hes given, granted, and committed, lykeas they, be
the tennor heirof, gives, grants, and committs their full power
and commission to the brethren underwritten; they are to say, the
Reverend Father in God, John Arch Bischop of St Androis, James Arch
Bischop of Glasgow, Alex^r. Bischop of Dunkeld, Alexander Bischop
of Murray, Patricke Bischop of Ross, Wm. Bischop of Galloway,
Andrew Bischop of Brechine, Andrew Bischop of Dumblaine, Andrew
Bischop of Argyle, Andrew Bischop of the Isles, Patricke Forbes of
Corse, Mr George Douglass, minister at Cullen, John Reid, minister
at Logybuchan, George Hay, minister at Turreffe, Doctor Henry
Philipe, minister of Arbroath, David Lindsay, minister at Dundee,
William Scott, minister of Coupar, Doctor Robert Harvie, Rector of
St Androis, John Mitchellsone, minister at Bruntisland, Patrick
Galloway, John Hall, Wm. Struthers, ministers at Edinburgh, Robert
Scot, minister at Glasgow, Edward Hepburne, minister at Hawick,
Doctor John Abernethie, minister at Jedburgh, William Birnie,
minister at Air, William Erskine, minister at {blank space}; Givand,
grantand, and committand to them, or the most part of them, their
full power and commission to conveen at Edinburgh the first day of
December nixt to come, in this instant year of God 1616, and there
to take order with the dilapidatione of benefices, and to sett downe
solide grounds how the progresse of that mischief might be stayed,
and to advyse upon some meanes to recover and restore the estate
of these benefices qwhilks be iniquitie of tyme hes been lossit;
and if need beis to call and persew before them qwho hes made the
saids dilapidationes, and punische them therefore; and as they
shall conclude, the same to be inactit, and have the force of this
present Assemblie; with power lykewayes to the saids commissioners,
or maist part of them, as said is, to take order anent the planting
of sufficient and qualified pastors in burrowtownes presently
vaickand, and are not plantit at this present Assemblie; with power
also to receave from the Richt Reverend Father, James Archbishop
of Glasgow, and Mr William Struthers, minister at Edinburgh, the
cannons of church discipline committit to their charge, to revise the
same, allow and disallow thereof, and to direct ane supplicatione
to his Majestie desyring that it wald please his Heines to ratifie
and approve the samen, and to warrant the printing thereof be his
authoritie royall.
* * * * *
We have now accomplished the main part of the task in which for some
months past we have been engaged, namely, to print for the first
time, in a complete and connected state, all that now remains of
the earliest record of the Reformed Church of Scotland. That record
extends from 1560 to 1616 inclusive. And as stated in previous
notes, the proceedings in the Assemblies, during the period now
referred to, constitute what has been long denominated “The Booke
of the Universall Kirk of Scotland.” The concluding part of our
undertaking still remains to be performed in such illustrative notes
and documents as are requisite for giving coherence and full effect
to these important fragments of our ecclesiastical records; and this
portion of our labours shall hereafter be prosecuted as speedily
and comprehensively as the nature of the case admits of, with a due
regard to fidelity in its accomplishment. In the meanwhile, “The
Booke,” forming of itself a volume of sufficient size, it is now
given in that shape to the public.
The reader of the preceding pages is already aware, that all the
proceedings of the Episcopal Assemblies (subsequently to that of
1602) were rescinded by the Presbyterian Conventions which took
place during the reign of Charles I. in 1638 and 1639. Even in the
proceedings of the Assemblies soon after 1592, when Presbyterianism
was established, there are various indications of the intentions
of King James VI. to insinuate Episcopacy into the constitution
of the Church; and after his accession to the throne of England,
in March 1603, his policy in this respect became more manifest.
Indeed, by an act of Parliament in 1597, (19th December,) the
insidious propositions which had been made in the Assemblies, for
the introduction of clergymen into Parliament, were given effect
to, and formed the first step in the series of encroachments on the
Presbyterian polity. Without at present going minutely into the
detail of events which followed, it may be noticed, with reference
to the rescinded acts of Assembly, that even before the Assembly
of 1602, Prelacy was virtually introduced into the Church, and
after that date it was openly established by a series of acts of
Parliament. The Assemblies of 1606, 1608, 1610, and 1616, were all
Episcopalian, as is evinced by the whole course of procedure in those
Conventions, which were one and all convoked and packed by the King,
and were held merely for the purpose of registering his edicts, and
giving a colourable aspect to these as clothed with ecclesiastical
sanction. There were two other Assemblies of like character held
in the years 1617 and 1618--in the latter of which the celebrated
Articles of Perth were adopted by the Bishops and subservient
Clergy; but of the proceedings in these two Assemblies, there is
no fragment in the MS. copies of “The Booke” to which we have had
access; nor, although the nature of these proceedings is described
by Calderwood and other historians, have we been able to discover
any detailed record similar to that which has been preserved of the
preceding Assemblies of the Church. After 1618, General Assemblies
were entirely discontinued for the space of twenty years, until, in
1638, in consequence of the great revulsion which then took place
in Scotland under the guidance of the Covenanters, another General
Assembly was convoked by authority of King Charles the First.
In conformity with the course which we have already adopted with
reference to particular epochs of our Church history, and in order
to illustrate the relation which subsisted betwixt the Church and
the State, we shall now, at the close of “The Booke,” subjoin in
an Appendix the principal Acts of Parliament which were passed in
regard to the Church, betwixt 1592 and 1638, when Presbyterianism was
re-established--thus presenting, in connexion with the Acts of the
Church, all the leading statutory enactments of the State by which
the Church polity was established, modified, and subverted, during
a period of seventy-eight years. And with these few explanatory
remarks, we commit “The Booke of the Kirk” into the hands of our
countrymen, being well assured that its pages contain much important
matter, which merits careful examination and study at the present day.
_July_ 1839.
* * * * *
And now the most grateful part of our task (for the present) only
remains--to record our thanks for the friendly assistance we
have received while engaged in the present undertaking. We owe
our acknowledgments especially to Thomas Thomson, Esq. Deputy
Clerk-Register; to the Rev. Dr Lee; and to Messrs A. M‘Donald of the
Register House, D. Laing and Ferguson, Librarians for the Writers
to the Signet; Mr Haig of the Advocates’ Library; Mr Rowan of the
Theological Library in the University of Edinburgh; to the Rev. W. B.
Smith, Chaplain of Edinburgh Castle; and to the Rev. Thomas M‘Crie,
for many facilities and much useful information, without which the
present publication would have been altogether impracticable at
present.
It was our purpose to have included in the present Volume, a Copious
Index and Glossary of obsolete words, and also to give a list of
_errata_ which we have discovered, arising unavoidably from the
frequent obscurity of the MSS. and discrepancies in orthography,
besides slips of the pen and the press; but on further reflexion,
it appears expedient to combine these useful addenda with the
_Notes_, which will be found the more satisfactory corrective of any
imperfections in the text of the Booke itself.
APPENDIX III.
ACTS OF PARLIAMENT relative to the Constitution of the Church of
Scotland, betwixt 1592 and 1638.
I.
All Ministers provided to Prelacies suld have vote in Parliament.
19th December 1597.
Our Soveraine Lord, and his Hieness Estates in Parliament, havand
special consideration and regarde of the great priviledges and
immunities granted be his Hieness predecessours, of maist worthy
memory, to the halie Kirk within this realme; and to the special
persones exercing the offices, titles, and dignities of prelacies
within the samin; quhilks personnes hes ever represented ane of the
Estatis of this realme in all Conventions of the saids Estates; and
that the saids priviledges and freedomes hes beene from time to time
renewed and conserved in the same integrity and condition, quhairin
they were at ony time of before; swa that his Majesty acknowledging
the samine now to be fallen and becummin under his Majesties maist
favourable protection; therefore his Majesty, of his greate zeale and
singular affection, quhilk he alwayes hes to the advancement of the
trew religion presently professed within this realme, with advise
and consent of his Hieness Estates, statutes, decernes, and declares
that the Kirk within this realme, quhairin the samin religion is
professed, is the trew and halie Kirk: And that sik pastoures and
ministers within the samin, as at ony time his Majesty sall please
to provide to the office, place, title, and dignity of ane bishop,
abbot, or uther prelate, sall at all time hereafter have vote in
Parliament, siklike and als freely, as ony uther ecclesiastical
prelate had at ony time bygane; and als declaris, that all and
quhatsumever bishopricks presently vaikand in his Hieness hands,
quhilks as zit are undisponed to ony person, or quhilks sall happen
at ony time hereafter to vaik, sall be only disponed be his Majesty
to actual preachers and ministers in the Kirk; or to sik uthers
personnes as sall be foundin apt and qualified to use and exercise
the office and function of ane minister and preacher; and quha in
their provisions to the said bishopprickes sall accept in and upon
them to be actual pastoures and ministers, and according thereto sall
practize and exerce the samine thereafter.
_Item_, As concerning the office of the saids personnes to be
provided to the saids bishopprickes, in their spirituall policie and
governement in the Kirk: The Estates of Parliament hes remitted and
remitts the samine to the Kingis Majesty, to be advised, consulted,
and agreed upon be his Hienesse, with the General Assembly of the
ministers, at sik times as his Majesty sall think expedient to
treat with them thereupon; but prejudice alwayes in the meantime of
the jurisdiction and discipline of the Kirk, established be Acts
of Parliament, maide in ony time preceeding, and permitted be the
saids Acts, to all Generall and Provinciall Assemblies, and uthers
quhatsumever Presbyteries and Sessions of the Kirk.
II.
Act anent the King’s Majestie’s Royall Prerogative.
9th July 1606.
Forsameikle as the Estates and haill body of this present Parliament,
considering that with the lawful descent in the person of our most
gracious Soveraigne, of the righteous inheritance of the famous
and renouned kingdoms of England, France, and Ireland, whilk very
far surpasses the wealthe, power, and force of the dominions of
any of his progenitours, kings of Scotland, God hath also joyned
an wonderful incresse of care and burding. For discharge whereof,
he hath endued his Majesty with sa many extraordinar graces, and
maist rare and excellent vertues, as he is not only known by
daily and manifest experiences, in matters of greatest difficulty
and consequence, to the unspeakable comfort of all his faithfull
subjects, to be capable of the happy government of his saids
kingdomes. But by his most singular judgement, foresight, and
princely wisdome, worthy to possesse, and habile to govern far
greater dominions and numbers of people. And in respect thereof,
the saids Estates plainly perceiving that by this his Majesties
exaltation, not only in pre-eminence and power, but also in all
royal qualities requisit for the happy discharge thereof, God hes
manifestly expressed his heavenly will to be, that his Majesties
imperial power, whilk God hes sa graciously enlarged, shall not by
them in any sort be impared, prejudged, or diminished; but rather
reverenced and augmented sa farre as possiblie they can. Therefore
the saids Estaites, and haill body of this present Parliament, all
in ane voluntar, humble, faithfull, and united heart, minde and
consent, truely acknawledges his Majesties soveraigne authority,
princely power, royall prerogative, and priviledge of his crown
over all estaites, persons, and causes whatsomever within his said
kingdome. And his Majesty, with expresse advyce, consent, and assent
of the saids haill Estaites, ratifies, approves, and perpetually
confirmes the samin; als absolutly, amply and freely in all respects
and considerations, as ever his Majesty, or any of his royall
progenitours, kings of Scotland, in any tyme bygane possessed, used
and exercised the samine. And lykewyse, with consent foresaid,
casses, annuls, abrogats, retreats, and rescinds all and whatsomever
things attempted, enacted, done, or hereafter to be done, or intended
to the violation, hurt, derogation, impairing, or prejudice of his
Heighnes soveraigne authority, royall prerogative, and priviledge of
his crown, or any point or part thereof, in any tyme bygane or to
come. And the saids haill Estaites, for them and their successours,
faithfully promits, perpetually to acknawledge, obey, maintein,
defend, and advance the lyfe, honour, safety, dignity, soveraigne
authority, and prerogative royall, of his sacred Majesty, his heires
and successours, and priviledge of his Heighnes crown, with their
lyves, lands, and goods, to the utermost of their power, constantly
and faithfully to withstand all and whatsomever persons, powers, or
estaites, wha shall presume, prease, or intend any wise to impugne,
prejudge, hurt, or impaire the samine; and never to come in the
contrare thereof, directly or indirectly, in any tyme comming.
III.
Act anent the Restitution of the Estate of Bishops.
9th July 1606.
Our Soveraigne Lord, now in his absence forth of his kingdome of
Scotland, earnestly desiring sa to provyde for the just and politique
government of that estate, as his faithfull subjects thereof may
perfitely knaw, that absence breeds not in his royall mynde oblivion
of their good, but that he is daylie mair and mair cairfull of sik
things as may tend maist to the honour, profite, and perpetuall
stability and queytnes of the said kingdome; wherein understanding
religion and justice to be sa necessar foundaments and pillers, as
by them the authority of the princes and queytnesse of the people
in all tymes by-past hes cheifly bene established and mainteined,
whill of late in his Majesties young yeares, and unsetled estaite,
the auncient and foundamentall policy, consisting in the maintenance
of the three Estaites of Parliament, hes bene greatly impaired,
and almost subverted, specially by the indirect abolishing of the
estaite of bishops, by the act of annexation of the temporalitie
of benefices to the crown, made in his Heighnes Parliament, halden
at Edinburgh in the moneth of July, the year of God 1587. Whereby,
albeit it was never meaned by his Majesty, nor by his Estaites, that
the said estaite of bishops consisting of benefices of cure, and
being ane necessare estaite of the Parliament, should on any wyse be
suppressed, yet his Majesty, by experience of the subsequent tyme,
hath clearly seene that the dismembering and abstracting from them
of their livings, hes broght them in sik contempt and poverty, that
they are not habile to furnish necessares to their privat families,
meikle lesse to beare the charges of their wonted rank in Parliament
and generall counsails, and after the example of their predecessours,
to assist and supply their prince with their counsell and goods, in
tyme of peace and warre. The remeid whereof properly perteins to his
Majesty, whom the haill estaites of their bounden duety, with maist
heartlie and faithfull affection humbly and truely aknawledges to be
soveraigne monarch, absolute prince, judge and governour over all
persons, estaites, and causes, baith spirituall and temporall, within
his said realme.
Therefore, his Majesty, with expresse advyse and consent of the saids
haill Estaites of Parliament, being cairful to repone, restore, and
re-integrat the said estaite of bishops, to their auncient and
accustomed honour, dignities, prerogatives, priviledges, livings,
lands, teynds, rents, thriddes, and estaite, as the samine was
in the Reformed Kirk, maist ample and free at any tyme before
the act of annexation foresaid. By the tenour hereof, retreats,
rescinds, reduces, casses, abrogats, and annulles the foresaid act
of annexation of the temporality of benefices to the crown, made in
the yeare of God 1587 years, as said is, in sa far as the samine may
in any wyse comprehend or be extended to the authority, dignity,
prerogative, priviledges, towres, castels, fortalices, lands, kirks,
teynds, thriddes, or rents of the saids bishopriks, or any part
thereof, with all other acts of Parliament, made in prejudice of
the saids bishops, in the premisses or any of them, with all that
hes followed or may follow thereupon, and all act of dismembering
of particular kirks, or commoun kirks of the said bishopricks, from
the samine, or for separating the thriddes of the saids bishopricks
from the bodie, tytle and twa-part of the samine. To the effect,
the persons presentlie provyded to the bishopricks of Scotland, or
any of them, or that hereafter shall be provyded to the samine may
freely, quyetlie, and peaceablie enjoy, bruike, and possesse the
honours, dignities, priviledges, and prerogatives, competent to
them or their estaite since the reformation of religion: and all
towres, fortalices, lands, kirks, teynds, rents, twa-part, thriddes,
patronages, and rights whatsomever, belanging to the bishopricks,
or any of them, to use and exercise the samine, and freelie dispone
upon the haill twa-part and thrid, temporalitie and spiritualitie of
their saids bishopricks, and all the premisses belanging to the saids
bishopricks, as the saids acts of annexation and remanent acts, made
in any wyse to their prejudice in the premisses, and everie ane of
them, and all that followed thereupon, had never bene made nor done.
They alwyse enterteining the ministers, serving at the cure of the
kirks of their saids bishopricks, upon the readiest of their saids
thriddes, according to their ordinar assignations made or reasonablie
to be made thereanent.
Attour, Because his Majesties intention is onely to restore the
bishopricks whilks are benefices of cure, and nowyse to alter any
thing done in other benefices, whilks are not of cure. And for the
better satisfaction of his Majesties subjects and faithfull servants,
whom his Majestie in his princelie liberalitie, for diverse good
respects and causes mooving him, hath beneficed, rewarded, and
advanced with erections, fewes, patronages, teyndes, and others
infeftments, confirmations of lands, rents, teyndes, patronages, and
others rights of abbacies, pryories, and others benefices, not being
bishopricks.
And to the effect they be not prejudged, nor put in mistrust by
this act, of their saids securities in the premisses, his Heighnes,
with the advyce of the haill Estaites of Parliament, ratifies and
approves, and for him and his successours perpetuallie confirmes,
the haill erections, infeftments, confirmations, patronages, tacks,
and others securities of lands, teyndes, patronages, rights, and
rents whatsomever, of the saids haill benefices foresaids, or any
part thereof, (not being bishopricks,) given, disponed, or confirmed
by his Majestie, during the tyme of the said Parliament, halden in
the moneth of Julie 1587 years of before or sensyne, made agreeable
to the lawes and acts of the said Parliament 1587, and others
lawes and acts made sensyne. And faithfullie promits, _in verbo
principis_, never to quarrell nor impugne the samine, directlie nor
indirectlie, in any tyme comming. As also for the well and securitie
of the tenants of the lands and teynds of the saids bishopricks, wha,
since the act of annexation, have debursed diverse summes of money
to his Heighnes’ thesaurer, for making and confirming to them of
their infeftments, tacks, and securities of the saids lands, teyndes,
and rents of the bishopricks possest by them. And to the effect the
annulling of the said act of annexation, bereave them not altogether
of the saids lands, teyndes, and rents of bishopricks, acquyred be
them upon their large charges and expenses, according to the law then
standing. And that upon the other part, the saids bishopricks be
not altogether made unprofitable, by the unlawfull dilapidation of
the rents thereof, and hurtfull conversion of the victuall, kaines,
custumes, and other commodities of the samine, for unequall and
unworthy pryces.
Therefore, his Majestie, with advyse of his Estaits foresaids,
Ordeins the saids persons possessours of the lands or teyndes of
bishopricks by virtue of infeftments, confirmations or tacks of the
samine granted or sett since the said act of annexation, and conforme
to the samine, and lawes of the realme, at the tyme of the making
thereof, shall have the securities, confirmations, tacks and rights
of the saids lands and teynds of the bishopricks foresaids, renewed
and granted to them in sufficient, valeid, and perfite forme by
the bishops, possessours of the saids benefices. The saids fewers,
tacksmen and tenants, paying to the saids bishops, for gressum,
entresse and composition, for renewing of their saids fewes of
all lands, and others belanging to the saids bishopricks; and als
ratification of their saids tacks of all teyndes perteining thereto;
Of the whilks at the day and date hereof, there are ten yeares crops
of the samine to runne; The double of the yearlie silver duetie,
conteined in their saids fewes and tacks; and the single of the
victual duetie, and of all others dueties expressed therein, and that
by and attour the yearlie duetie expressed in their saids fewes and
tacks: The whilks dueties, for gressum, entresse and composition, the
haill Estaites of Parliament declares, shall be payed by the saids
fewers, tacksmen and tenants, within yeare and day, after they be
lawfullie cited to that effect, and for that samine cause, or after
that intimation of the samine be made to them, by the bishops in
their awne courts.
And in case of not thankful payment, of the double of the said
silver duetie, and of the single of the said victual, and others
dueties to be payed within yeare and day, after the said citation
and intimation, as said is; The saids Estaites of Parliament findes
and declares, that the saids fewers and tacksmen shall be astricted
to pay after the expyring of the said yeare and day, thankfull
payment not being made within that space of the foresaids gressumes,
entresse and composition, extending to the quantitie above written;
the quadruple of the silver duetie, and the double of the said
victual, and others dueties foresaids, to be payed to the saids
bishops, by and attour the yearlie dueties conteined in the saids
fewes and tacks, as is before said. And the saids Estaites ordeines
and declares, that if there be not ten years compleit to runne of
the saids tacks of teynds, perteining to the kirks of the saids
bishopricks, after the day and date hereof; in that case, the
tacksmen on nawyse shall be astricted to pay any gressum, entresse or
composition for the samine, to the saids bishops, but they to be free
thereof.
Attour, the saids Estaites declares, that the said act and ordinance
of Parliament shall nowyse be extended, comprehend, nor prejudge
any fewes of bishopricks, lawfullie sett and confirmed before the
said act of annexation, whilk was in the said moneth of Julie,
ane thousand, five hundreth, fourscore seven years. Excepting and
reserving alwyse forth of this present act, all dispositions made of
whatsomever patronages of kirks perteining to the saids bishopricks,
disponed by lawful titulares, and the King’s Majesty, and ratified
in Parliament, in favours of whatsomever person or persons, and
nane others. And findes and declares all dispositions whatsomever,
made of the foresaids patronages of all kirks perteining to the
bishopricks disponed by the lawful titulares, and his Majesty, and
not confirmed in Parliament, to be of nane avail, although the
samine patronages be graunted and disponed by the King’s Majesty
and titulares thereof. And lykwyse, excepting and reserving all
common kirks, perteining of auld to the saids bishopes, and their
chapter in commounity, whilks are disponed by his Majesty, to
whatsomever person at any tyme preceeding this present act. And
the saids Estaites declares, that if there be any common kirks,
perteining to the saids bishopricks, and to their chapters of auld,
that now perteins and falles to them be vertew of this present act,
That thereby the ministers, wha are lawfully provided to the saids
common kirks by presentation, collation, and admission, and serving
thereat, shall nowyse be prejudged during their lyftymes; but that
the saids provisions shall be sufficient right and warrand to the
saids ministers, to bruike, joyce, and possesse their common kirks
foresaids, according as they are provyded thereto, for all the dayes
of their lyfetymes. Notwithstanding whatsomever clause conteined in
this present act, or any other act of Parliament, that might make any
derogation to the saids provisions. Excepting alwyse, and reserving
the Castell of Sainct-Androes, and castell yardes of the samine,
disponed to George Earle of Dumbar, upon the resignation of George
Arch-bishoppe of Sainct-Androes, dissolved and dismembered from the
said archbishoprick, by Our said Soveraigne Lord and Estaites, with
expresse consent and assent of the said Arch-bishoppe, personally
compearand in Parliament. Whom to Our said Soveraigne Lord, in place
and recompence of the said castell, hes given and disponed the
provestry of Kirkhill, viccarge and arch-deinrie of Sainct-Androes,
to remaine with the said arch-bishop and his successours, by and
attour ane yearly pension of three hundreth markes, given to the
said arch-bishop, sa that the said castell and castell yardes shall
nowyse be comprehended in this present act, nor yet shall be compted
nor esteemed in any tyme hereafter, any part or portion of the
patrimony of the said arch-bishoprick, but shall remaine with the
said George Earl of Dumbar, his heires and successours, as their
proper heritage lawfully disponed to them, and dissolved from the
said arch-bishoprick. And in lyke manor, the saids Estates declares
that the foresaid act, graunted in favours of the saids bishops,
shall not be extended, nor be prejudiciall to the infeftments, rights
and tytles made to Sir Robert Melveil of Murdocarnie, Knight, his
heires and successours mentioned therein of the lands of Monymail and
Lethame, with the manerplace, yeardes, and bigging of Monymaill,
and patronage of the Kirk of Monymaill perteining of auld to the
Arch-bishop of Sanct-Androes. And declaris the samine infeftments
to stand in the awne strength, notwithstanding this present act.
Provyding alwyse, that the said Sir Robert Malvill and his heires
sustaine and entertaine the ministers serving at the said kirk, upon
the frutes of the samine kirk. And notwithstanding this present
act and haill clauses therein conteined, Our said Soveraigne Lord,
with advyse foresaid, having considered the fewers of the barony of
Glasgow, to be many in number, and the poverty of the maist part
of them to be sik as they are not habile to furnishe the ordinare
charges for renewing their infeftments, have dispensed, and by this
present act dispenses anent the foresaid clause of renewing of
fewes, with sa many of the saids fewers as have taken their fewes
without diminution of the rentall, and conversion of victual, and
other dewties in silver. And wha shall obteine ane ratification from
Johne now Arch-Bishope of Glasgow, of the saids fewes and rights,
before the feast of Alhallowmes next to come. And declares the
fewes lawfully set, as said is, to the saids persons, valide and
effectual, their heirs, successours, and assignayes, alwyse entering
by the said arch-bishope, as their immediat superiour; and by his
successours to their saids lands, rowmes and possessions, by brieves
raised out of the said arch-bishops chancellarie, precepts of _clare
constat_, resignations and confirmations, as use is, and paying their
few-mailles, fermes, moulters, kaines, and other dewties, to the said
arch-bishop and his successours in all tyme hereafter; but prejudice
to the letters of gift, and pension graunted to the Duke of Lennox,
Sir George, Sir James, and Archibald Erskeins pensions, forth of the
frutes of the said arch-bishoprick of Glasgow, to be bruiked by the
said Lord Duke during his lyftyme allanerly.
IV.
Act of the Commissariats and Jurisdiction given to Archbishops and
Bishops.
24th June 1609.
Our Soveraigne Lord, understanding that in all well governed
republicks, the jurisdiction civill and ecclesiastick are severall,
distinct, and divers jurisdictions, whilk aught to be administrat
by the persons to whom the same properly belangs; and according to
his Heighnes most loving and princely affection born alwise to the
Christian reformed Kirk within this realme, being maist willing that
the said Kirk should bruike and joyse their liberties, priviledges,
freedom, and jurisdiction granted to them by his Majesty, (from whom
only their temporall jurisdiction doth flow,) and in that regarde
belanging to them as being ane of the estates of Parliament maist
necessare to be mainteined for giving their advice, counsell, and
assistance in all his Majestie’s great and waighty affaires, hes
with expresse advice and consent of the Estates of Parliament,
restored and redintegrate the Archbishops and Bishops of this realme
to their former authority, dignity, prerogative, priviledges, and
jurisdictions lawfully pertaining, and shall be knawne to pertain
to them, (alwise flowing from his Majesty, alswell as any other
ordinar jurisdiction doth,) and specially to the jurisdiction
of Commissariates, and administration of justice by their
commissioners and deputies in all spirituall and ecclesiasticall
causes contraverted betwene any persons dwelling within the bounds
and diocies of their prelacies and bishopricks; with full power
to the saids archbishops, bishops, and their successours in all
tyme hereafter, to nominat and create sufficient wise, discreit,
and learned men best acquainted with the law and practick of this
realme, to serve and administrat justice in the saids places of
judicatorie, to constitute clerks and all other under officers, sa
oft as the same shall vaik by dimission, decease, deprivation, or
otherwyse, and to provide others in their places, with as great
freedom and liberty as any archbishops or bishops in this realme
formerly hes done. Whilks commissares to be nominat and create
by them, shall judge and decyde in all causes belanging to their
judicatory. And wherein the commissares presently in office are in
use to decyde, keeping the same style and forme whilk is presently
observed, and that manner of proceeding whilk shall be prescryved
and injoyned to them by speciall injunctions without any alteration
of the present lawes, or introduction of new and uncouth practicks
upon the subjects and leiges, and shall have power of confirmation
of testaments every ane of them within their awin bounds. The quotes
thereof to be payed to the archbishops, bishops, their chamberlanes,
factors, and under-receavers appoynted by them. For the better
effectuating whereof, his Majestie and Estates of Parliament ordeins
letters of horning to be given and granted by the Lords of Session
in that same very sort that the commissares present hes it, for
execution of all their sentences and decreits whilk shall happen
to be pronounced by them, and compelling of persons to enter and
confirme the testaments of their defuncts in the very same manner
that formerly hes been done. And for mainteining all things in
better order, and the restraining of unlawfull divorcements, over
frequently practised within this realm, to the heigh dishonour of
God and slander of the true religion, His Majesty, with advice and
consent foresaids, hes statute and ordeined, that in the burgh of
Edinburgh there shall be resident alwyse four commissares, twa to
be nominate and appoynted by the Archbishop of Sanct-Androes, and
twa by the Archbishop of Glasgow, wha shall have the only power to
decide in all causes of divorcement. As likewise shall have power of
reduction of all decreets pronounced by any other commissares, to the
hurt and prejudice of any of the leiges; before whom it shall be only
lawful to intend and persew reductions of inferiour commissares their
sentences and decreets _in prima instantia_. And in case the saids
commissares to be appoynted by the Archbishops of Sanct-Androes and
Glasgow, as said is, performe not their duety, the Lords of Session
shall have power to try, cognosce, and determine in the same; and
shall judge upon all decreets and sentences alledged to be wrangously
pronounced by them. And that because they are his Majestie’s great
consistory, to whom his Heighnes, with advyce of the said Estates,
gives and grants an heigh supreme commission for all sik causes,
to judge and determine of them in sik causes. And declares that it
shall be lawfull to the saids Lords of Councell and Session, to
advocat causes to themselves from any of the commissares, upon just
and lawfull complaints made to them by any of the subjects, and not
otherwise. Provyding alwyse, that the said Session shall ever be
ready to give an account to his Majesty, that their advocations have
bene grounded upon probable and lawfull grounds for the well of the
subjects. And that this foresaid Act may be put in present effect,
his Majesty, with advyce foresaid, declares all former erections
of commissariates to be suppressed and extinct from this forth and
for ever, all constitutions that have bene in former tyme of the
same in whatsoever part of the realme the same hath bene erected,
and by whatsoever manner the same hes proceeded, Act of Parliament,
Secreet Councell, and others made thereanent. And in lyke manner,
discharges and annulles all presentations, gifts, or dispositions
made by his Heighnes to the commissares present, or to any other
concerning the said commissariates, and all rights acquyred by them
by decease, dimission, or howsoever the same hes vaicked, and all
gifts and dispositions made in favours of their clerks and members of
court, by whatsomever manner of order the same hes proceeded. With
this provision alwyse, that the commissars presentlie in office,
their clerks and others members of court, wha shall be authorized
with testimoniall from the Lords of Session of their sufficiencie
and qualification to their severall places and offices, shall bruike
and joyse the same, they alwyse receaving new presentation and gift
of their offices from the archbishops and bishops of their diocies
where they serve, betwene and the first day of December next to
come. Otherwise, if in case the saids commissares and others members
of court do not produce the foresaid testimoniall from the Lords
of Session, as said is, it shall be lawfull to the archbishops and
bishops to provide other sufficient persons to the saids places.
The restitution of the said jurisdiction alwyse to be with expresse
reservation of his Heighnes and his successours their prerogatives
and supremacie in all causes ecclesiasticall and civill within this
realme. Provyding alwyse, that this present act shall na wyse be
hurtfull nor prejudiciall to the heritable right of the commissariate
within the bounds of Argyle, perteining to Archibald now Earle of
Argyle, but the same to stand in the same force, strength, and effect
as it was before this present act, and notwithstanding thereof, or
any clause therein conteined, _prout de jure_.
V.
Act, of the Apparel of Judges, Magistrates, and Kirkmen.--[Excerpt
from.]
24th June 1609.
Attour, his Majesty and Estaites foresaids, considering what slander
and contempt hes arisen to the ecclesiasticall estate of this kingdom
by the occasion of the light and undecent apparell used by some of
that profession, and chiefly these having vote in Parliament: It is
therefore statute that every preacher of God’s word shall hereafter
weare black, grave and comely apparell beseeming men of their estate
and profession. As lykewise that all pryors, abbots, and prelates,
having vote in Parliament, and specially bishops, shall weare grave
and decent apparrell agreeable to their function, and as appertaines
to men of their rank, dignity, and place. And because the haill
Estates humbly and thankfully acknawledges that God of his great
mercy hes made the people and subjects of this country sa happy as to
have a King raigne over us, wha is maist godly, wyse, and religious;
hating all erronious and vaine superstition, just in government, and
of lang experience therein, knawing better then any King living what
apperteins and is convenient for every estate in their behaviour and
duty. Therefore it is agreed and consented to by the Estates, that
what order sa ever his Majesty in his great wisdome shall think meet
to prescrive for the apparell of kirk-men agreable to their estate
and moyen; the same being sent in writ by his Majesty to his Clerk of
Register, shall be a sufficient warrant to him for inserting thereof
in the buikes of Parliament to have the strength and effect of an act
thereof, with executorials of horning to be direct thereupon, against
sic persons as within the space of fourty dayes after the publication
or intimation to them of the said act or charges used against them
thereupon, shall not provyde themselves of the apparell to be
appoynted by his Majesty for men of their vocation and estate, to be
used and worne by them and their successours at the tymes, and in
manner to be expressed in the said act to be made by his Heighnesse
thereanent.
VI.
Ratification of Acts of General Assembly held at Glasgow in June 1610.
23d October 1612.
Forsameikle as in the Parliament halden at Edinburgh, in the yeare
of God 1597, the estates of this kingdom remitted to his Majesty to
consult and agree with the Generall Assembly of the Kirk, upon the
auctority and power whilk the archbishops and bishops should have
in the policy and discipline of the Kirk: Whereanent after that
his Majesty and his Commissioners had many tymes most seriously
conferred and advysed with the ministry. At last conclusion was
taken, in the Generall Assembly halden at Glasgow, in the moneth of
June 1610 yeares, determining all the doubtfull and contraverted
points concerning the jurisdiction, policy, and discipline foresaid,
with full and uniforme consent of ane very frequent number of godly
ministers, assisted by the counsell and concurrence of ane great many
of the best affected nobility, barons, and commissioners of burrowes
of this kingdom, in maner, substance, and effect following: with the
explanation made be the Estates of Parliament presently conveined,
of some of these articles resolved upon in the foresaid Assembly of
Glasgow.
In the first the foresaid Assembly acknawledgeth the indiction of
the General Assembly of the Kirk to appertein to his Majesty, by the
prerogative of his Royal Crown.
And forder Ordeineth that the bishops shall be moderators in every
diocesian synode. And the synode shall hald twyse in the yeare of
the kirks of every diocie, viz. in Aprile and October: And where the
dioceses are large, that there be two or three synods in convenient
places for ease of the ministry. And in case the bishop of the
diocie be absent upon any necessar occasion, in that case his place
shall be supplied be sik ane worthy minister (bearing charge within
the bounds) as the arch-bishop or bishop shall appoint.
That no sentence of excommunication or absolution thereof be
pronounced against or in favours of any person, without the knawledge
and approbation of the bishop of the diocie, who most be answerable
to God and his Majesty for all formall and unpartiall proceeding
therein: And the process beeing found formall, the sentence to be
pronounced at the direction of the bishop, be the minister of the
paroche where the offender dwelles, and the processe began.
That all presentations to benefices bee directed hereafter to the
arch-bishop or bishop of the diocie, within the which the benefice
vacant be dimission, deprivation, decease, or utherwayes, lyeth.
With power also to the arch-bishop or bishop to dispone and confer
sik benefices as falles in his diocie, (_jure devoluto_.) Provyding
alwise, incase any archbishop or bishop should refuse to admit any
qualified minister, (accepting the presentation granted to him, and
who hath bene once received and admitted to the function of the
ministry, being then still undepryved,) presented to them be the
patron, In the case of any sik refuse, It shall be lawfull to the
patron to reteine the whole fruicts of the said benefice in his awn
hands. And ather hee or the paroche wanting a pastor, be reason of
the not planting of the kirk, (in case the refusal thereof come be
the bishop,) may complaine thereof to his arch-bishop, and if ather
the arch-bishop be the refuser, or else doth not give due redresse
being complained unto, In that case the Lords of his Majesties
Privy Counsell upon the parties complaint of the refuse, and no
sufficient reason being given for the same, sall direct letters of
horning, charging the Ordinary to do his duty in the receiving and
admitting of sik a person as the said patrone hes presented. It is
alwise declared, that if any arch-bishop or bishop shall deprehend
any sik person as is presented to him to have come within compass of
a simoniacal paction with his patrone, in so far as he hath ather
alreddy hurt, or promised and bound himself to prejudge and hurt the
state of his benefice in not reserving a sufficient maintenance for
him and his successors answerable to the estate of his benefice:
And that the bishop or archbishop shall understand the same either
by the parties oath, or uther clear proof and evidence. In that
case, they may lawfully refuse any sik person presented unto them.
But if the party who is presented hath reserved to himself and his
successors a sufficient maintenance, the setting of tacks or promise
to do the same, or doing of any thing else to his patron, (being not
prejudicial to that aforesaid maintenance,) shall no wise be ascryved
to any simoniacall paction, nor shall not serve for any reason to the
archbishop or bishop to refuse him. And in case any sik contraversy
or question shall occur betwix the patron, the person presented and
the arch-bishop or bishop, It is declared, that the Lords of Counsell
and Session shall be Judges thereunto, to decyde upon the said
simoniacal paction and quality of the same, if any sik thing shall be
objected against the party presented.
In deposition of the ministers, the bishop associating to himselfe
the ministrie of these boundes where the delinquent served, he
is there to take tryell of the fact, and upon just cause found
to depryve: And the lyke ordour to be observed in suspension of
ministers from the exercise of the function.
That everie minister in his admission shall swear obedience to his
Majestie, and to his ordinar, according to this forme following:
I A. B. now nominat and admitted to the kirk of D. testifie and
declare in my conscience, that the richt excellent, richt high,
and mighty Prince, James the Sext, by the grace of God King of
Scotland, England, France, and Ireland, Defender of the Faith, &c.
is the only lawful supreme governour of this realme, alsweel in
matters spirituall and ecclesiasticall as in things temporal; and
that no foreine prince, state, nor potentat, hes or ought to have
any jurisdiction, power, superiority, pre-eminence, or authority,
ecclesiastical or spiritual, within this realme. And therefore
I utterly renunce and forsake all foreine jurisdiction, power,
superiority, and authorities; and promess that from this furth I
shall and will bear faith and true alledgence to his Heighnes,
his heirs and lawfull successours; and to my power sall assist
and defend all jurisdictions, priviledges, pre-eminences, and
authorities granted and belonging to his Heighnes, his heires, and
lawfull successours, or united and annexed to his Royall Crown. And
forder, I acknawledge and confesse to have and to hold the said C.
and possession of the same under God, of his Majesty, and his Crown
Royall of this realme; and for the saids possessions I do homage
presently to his Heighness in your presence, and to his Majesty, his
heires, and lawfull successours, shall be true. So help me God. And
als that every minister in his admission shall sweare obedience to
his ordinare, according to this forme following: I A. B. now admitted
to the kirk of C. promess and sweares to E. F. Bishop of that diocie,
obedience, and to his successours in all lawfull things. So help me
God.
And if the said benefice be at the presentation of ane laik patron,
the person presented shall give his oath as followes: I G. H. now
admitted to the foresaid benefice, testifie and declare in my
conscience, that the right excellent, right high, and mighty Prince,
James the Sext, be the grace of God King of Scotland, England,
France, and Ireland, Defender of the Faith, &c. is the only lawfull
supreme governour of this realme, alswell in matters spirituall and
ecclesiastick as in things temporall; and that na foreine prince,
state, nor potentate, hes or oucht to have any jurisdiction,
power, superiority, pre-eminency, or authority ecclesiasticall or
spirituall, within this realme. And, therefore, I utterly renounce
and forsake all foreine jurisdiction, power, superiorities, and
authorities; and promess that from this furth I shall and will
bear faith and true allegeance to his Heighness, his heires and
lawfull successors; and to my power shall assist and defend all
jurisdictions, priviledges, pre-eminences, and authorities granted
and belonging to his Heighnes, his heires, or lawfull successors,
or united and annexed to his Royal Crown. And I do acknowledge and
confesse to have and hauld the said benefice and possessions of the
same, under God be his Majestie, of E. F. lawfull patron of the same.
That the visitation of ilk diocie be doone be the bishop himself;
and if the bounds be greater than he can overtake, that then hee
make speciall choise of some worthy man of the ministrie within the
Diocie, to visit in his place. And what ever minister, without just
cause or lawful excuse made, sall absent himself from the visitation
or the diocesian assembly, he shall be suspended from his office and
benefice; and if he amend not, he shall be depryved.
That the Conventions of Ministers for exercise shall be moderated by
the bishop being present, and in his absence, by any uther minister
whom he shall appoynt at the Synode.
Whilks acts, ordinances, declarations, and determinations above
written, his Majesty finding to be very agreable to the true religion
professed within this kingdom, and to the godly and decent government
of the Kirk, ministry, and whole members thereof, Therefore his
Heighnes, with advice and consent of the Estaites of Parliament,
ratifies, approves, and confirms all and sundry the premisses; and
ordeins them and every ane of them to be obeyed and observed, be all
his Heighness subjects, as inviolable lawes in all tyme comming.
Annulling and rescinding the 116 act of his Majesties Parliament,
halden in _anno_ 1592, and all and whatsomever uthers acts of
Parliament, laws, ordinances, constitutions, sentences, and customes,
in so farre as they or any of them, or any part of the same, are
contrare or derogatory to any of the articles above written, als
essentially and effectually in all respects as if the saids acts and
consuetudes hereby abrogate were at length herein exprest.
VII.
Act anent the Election of Archbishops and Bishops.
28th June 1617.
Our Soveraigne Lord, with advise and consent of the Estates of
this present Parliament, for gude and solide ordour to be keiped
in all time to come, for election of Archbishops and Bishops,
statuts and ordains, that all who shall be hereafter promoved to any
Archbishoprik or Bishoprik within this realme shall be elected and
admitted according to the forme and maner under mentioned and no
utherwise; That is to say, when it shall fall any of the Seas to be
made void, his Majesties pleasure is to grant licence to the Deane
and Chapter of the Cathedral Kirk of the Sea, to convene themselfes
for electing of ane uther Archbishop or Bishop in place of the former
incumbent. And the said licence being exped, ane edict shall be
affixed upon the most patent dure of the Cathedral Kirk, requiring
and charging the Deane and Chapter of the said Kirk, to conveine
themselfes for chusing of ane Bishop to the same, who shall be devote
to God, and to his Highnes and realme profitable and faithful. Who
being conveined, the Deane of the said Chapter, with so many of them
as shall happen to bee assembled, shall proceed and chuse the person
whom his Majesty pleased to nominat and recomend to their election,
hee alwayes being ane actual minister of the Kirk, and shall elect
none uther then ane actual minister, to be so nominat and recomendit
be his Majestie as said is. After the which election testified under
their seals and subscriptions, his Majesties pleasure is to give his
Royall assent thereto: And the same assent being granted under his
Majesties great seal, shall be to the person elected an sufficient
right for injoying the spirituality of the benefice whereunto he is
elected during his lyfetime. Upon the which assent, and his Heighness
mandat to be directed to an competent number of Bishops within the
province where the benefice lyes, the person elected shall be
consecrat and received in his function bee the rites and ordour
accustumed. And the said consecration being made, his Majesties
pleasure is to dispone to the person elected the temporality of the
said benefice, with all priviledges, honours, and dignities belonging
thereto. And the same grant being past under his Majesties great
seal, then shall the person admitted doe homage and swear obedience
to our Soveraigne Lord, according to the forme prescribit. Neither
shall it be lawfull to the person admitted to intromet with any of
the fruites and rentes of the said benefice untill he have performed
the said homage, and given the oath of allegeance and fidelity to
his Majesty, or his Heighness Commissioners to be appoynted for
that effect. And for the better observing of the said ordor in all
tyme hereafter, our Soveraigne Lord and three Estates inhibits and
discharges the Lords of Counsell and Session to authorize be their
decreet and sentence the provision of any Bishop to be admitted
hereafter, except that it be testified that he is received and
entered according to the said order in all points.
VIII.
Act Anent the Restitution of Chapters.
28th June 1617.
Our Soveraigne Lord, with advise and consent of the Estates of this
present Parliament: Considering how necessar it is that the deane,
and members of Chapter of every Cathedral Kirk, be at all occasions
ready to conveene themselves for the election of arch-bishops and
bishops, to their severall seas, and for expeding of particular
rights made to the lieges, whereunto their consent by the lawes
of the realme is required, and that for supporting of the charges
of their service, and inabling them the better to attend at sick
occasions, It is most needfull they be restored to their manses,
gleibs, rents, and livings belonging unto them of auld,
Have statute and ordained, that all the deanes and uthers members
of the Chapters of the Cathedral Kirks within this kingdom, shall
be restored to their manses, gleibes, rents, and uther patrimony
belonging to them.
And to that effect, his Majesty, with advise of the said Estates,
dissolves fra the Crowne and patrimony thereof, the foresaids manses,
gleibes, rentes, and dueties formerly annexed: to the effect the same
may hereafter be injoyed and peaceably possessed be the ministers
that are, and hereafter shall be provyded thereto. Without prejudice
alwayes of the fews, tacks, pensions, and uther rights lawfully made
of whatsumever manses, gleibs, lands, and teynds of any part of the
saids Chapter Kirks to the parties having right to the same. And
siklyke but prejudice to laick patrons of their patronages granted
to them be the King’s Majesty, with consent of the titulars for the
tyme, albeit the same be not ratified in Parliament, which shall na
wayes be prejudged be this present act. And with expresse reservation
of the rights of the priorie of Sanct-Androes, now erected in a
temporall lordship in favours of Ludovick Duke of Lennox, and his
heirs, which shall remaine in the awne strength and integrity,
notwithstanding of the act of restitution above-written, and any
thing therein comprehended.
And als with reservation of the house and place of Hamiltoun,
biggings and orchards, yeards, and whole pertinents of the same,
in so far as the same or any part thereof perteined of before to
the Deanrie of Glasgow, which his Majesty and Estates reserves
furth of this present act, to his trustie cousin James, Marques of
Hamiltoun, and his successours, to be halden of his Majesty and his
Heighnes successours, as their immediat superiours thereof for ever.
And without prejudice to the burgh of Edinburgh, of whatsumever
rents, profites, tenements, annualrents, teynd-sheaves, and other
commodities given, granted, and disponed to them for entertainment of
their hospitals, colledge, and ministrie. And siklike but prejudice
of whatsomever teynds, few-mails, or annualrents which perteined
of auld to the saids chapters in common, or to any Prebendar in
particular, disponed by his Majesty to any colledge within the
University of Sanct-Androes, masters or bursers thereof, which
his Majesty, with advice of the Estates, declares shall not be
prejudged by this present act. And als according to the restrictions,
exceptions, and limitations, conceived in favours of fewars,
tacksmen, and others havand right particularly set down and expressed
in the second act of his Majestie’s eighteenth Parliament, concerning
the restitution of the estate of bishops. Which restrictions,
exceptions, and limitations, are halden as repeated and exprest in
this present act. And to the effect, that all sick persons who are
and have been tenents and vassals to deanes and other members of
Cathedral Kirks may be in certainty known, and by whom they should
be entred and received in the lands and others halden by them of the
saids deane and members, or any of them,
Therefore it is statute and ordeined by our Soveraigne Lord and
Estates, That when any sik occasion shall offer of receiving or
entring of vassals, or of changing of tennents who comes in the
vassal’s places, either by alienation of the vassals, or comprysing
from him, or by any other lawfull manner, the direct superiour of
whom the said vassall immediatly held, shall be astricted and halden
to do the same, and to enter all sik persons by himself, (they doing
their duety to their superiors as apperteins.) In the which case, Our
Soveraigne Lord and Estates declares the consent of the Prelate, or
remanent members of his chapter, no wayes to be necessar to the said
entry or change of tennents. And because the priory of Sanct-Andrewes
is now erected in ane temporal living and lordship, the Prior whereof
in former times was alwayes deane of the chapter of Sanct-Andrewes,
and the chanons thereof were the members of the said chapter which
are now all abolished, and to the effect there be not wanting ane
chapter to the said Kirk.
Our Soveraigne Lord, with advice foresaid, declares that the
ministers serving the cure at the Kirks under-written, present and
to come, shall be esteemed the chapter thereof: they are to say, the
Prior of Portmook, who is principal of S. Leonard’s Colledge, and
deane of the Chapter: the arch-dean of S. Andrewes; the Vicar of S.
Andrewes; the Vicar of Leuchers; the Vicar of Cowper; the Provest of
Kirkhill; the Parson of Dysert; the Vicar of Forgond; the Vicar of
Inshture; the Vicar of Kincaird; the Vicar of Fowles; the Vicar of
Eglishgreig; the Vicar of Rossie; the Vicar of Linlithgo; the Vicar
of Scoone; the Vicar of Fordun; the Vicar of Forgund in Fyfe; the
Deane of Restalrig; the Deane of Dumbar; the Vicar of Kettill; the
Vicar of Kennoway; the Vicar of Merkinch; the Vicar of Falkland;
and the Vicar of Abercrombie; being all twenty foure persons. Which
persons shall have the administration, doing and performing of the
affairs belonging to the said bishoprick, and for the weale of the
said Cathedral Kirk, which were done of before by the prior and his
chanons. And concerning the election of the Archbishop of the said
see, whensoever the same shall hereafter vaik,
Our Soveraigne Lord, with advise foresaid, declares, statutes, and
ordeins the said Arch-bishop to be elected by eight bishops of
his diocy. They are to say, the Bishop of Dunkeld; the Bishop of
Aberdein; the Bishop of Brechin; the Bishop of Dumblain; the Bishop
of Ross; the Bishop of Murray; the Bishop of Orkney; and the Bishop
of Caithness. And by five ministers serving the cure of the Kirks
under-written, to wit, the Principal of S. Leonard’s Colledge; the
Arch-deane of S. Andrewes; the Vicar of S. Andrewes; the Vicar of
Luchars; and the Vicar of Cowper. Which bishops and ministers, or
the most part of them, shall have power in all time to come to
elect the Arch-bishop whenever the see shall vaik, and shall remain
hereafter the chapter appointed by our Soveraigne Lord and Estates
for the election foresaid. The Vicar-general for conveining of the
which electors, our Soveraigne Lord and Estates declares to be now
and in all time comming, the Bishop of Dunkeld, who shall happen
be for the time. And siklike, Our Soveraigne Lord, with advise of
his Estates, declares, statutes, and ordeins, that the Archbishop
of Glasgow, whensoever that see shall vaik, shall be elected by the
three Bishops of his diocie, to wit, the Bishop of Galloway, the
Bishop of Argyle, the Bishop of the Iles, being for the time, and by
his ordinar chapter, or the most part of them, the Bishop of Galloway
being alwayes conveiner of the saids electors to the said election.
Which persons shall have power onely in the said election, seeing
it is the expresse will and ordinance of his Majesty and Estates,
that the auld and ordinar chapter of Glasgow, and the other chapter
above-written, appointed for the see of Sanct-Andrewes, as said is,
shall have the only administration of these things, concerning the
affairs tending to the weal of their Cathedral Kirks, and belonging
thereto, as the auld chapter formerly had, and these others chapters
before-mentioned, appointed allanerly for election of the saids
Arch-bishops, shall no wayes be derogatory to the others ordinary
chapters established for the handling of the affairs of their seas in
manner above-written.
IX.
A Ratification of the Five Articles of the General Assembly of the
Kirk, halden at Perth in the Moneth of August 1618.
4th August 1621.
Our Soveraigne Lord, with the advice and consent of the Estates of
Parliament presently conveened, ratifies and approves the acts of the
General Assembly of the Kirk, halden at Perth the xxv. day of August,
the year of God 1618, and concluded the twenty-seventh of the same
moneth, _Sessione secunda_. Whereof the tenour followeth.
1. Since we are commanded by God himselfe, that when we come to
worship him, we fall down and kneele before the Lord our Maker, and
considering with all, that there is no part of Divine worship more
heavenly and spiritual, then is the holy receiving of the blessed
body and blood of our Lord and Saviour Jesus Christ: Lyke as the
most humble and reverend gesture of the body in our meditation and
lifting up of our hearts, best becometh so divine and sacred an
action. Therefore, notwithstanding that our Kirk hath used since
the Reformation of religion, to celebrate the holy communion to the
people sitting, by reason of the great abuse of kneeling used in
the idolatrous worship of the sacrament by the Papists: Yet now,
seeing all memory of by-past superstition is past, In reverence of
God, and in due regard of so divine a mystery, and in remembrance
of so mystical ane union, as we are made partakers of: The Assembly
thinketh good, that that blessed sacrament be celebrated hereafter
meekly and reverently upon their knees.
2. _Item_, If any good Christian visited with long sickness, and
knowne to the pastor; by reason of his present infirmity, unable
to resort to the Kirke, for receiving of the holy communion, or
being sick, shall declare to the pastor upon his conscience, that
he thinkes his sickness to be deadly, and shall earnestly desire
to receive the same in his house: The minister shall not deny to
him so great a comfort, lawful warning being given to him upon the
night before, and that there be three or foure of good religion and
conversation, free of lawful impediments, present with the sick
person to communicate with him, who must also provide a convenient
place in his house; and all things necessary for the reverend
administration thereof, according to the order prescrived in the
Kirke.
3. _Item_, The minister shall often admonish the people, that they
defer not the baptising of infants, any longer then the next Lord’s
day after the child be borne, unlesse upon a great and reasonable
cause declared to the minister, and by him approved. As also they
shall warne them, that without great cause they procure not their
children to be baptized at home in their houses, but when great need
shall compell them to baptize in privat houses, (in which case,
the minister shall not refuse to do it, upon the knowledge of the
great need, and being timely required thereto,) then baptisme shall
be administred after the same forme as it should have been in the
congregation. And the minister shall the next Lordes day after any
such private baptisme, declare in the Kirke, that the infant was
so baptized, and therefore ought to be received as one of the true
flocke of Christ’s folde.
4. _Item_, Forasmuch as one of the most special meanes for staying
the increase of Poperie, and settling of true religion in the hearts
of the people, is, That a special care be taken in tryal of young
children their education, and how they are catechized; Which in time
of the primitive kirk was most carefully attended, as being most
profitable to cause young children, in their tender yeares, drink
in the knowledge of God and his religion, but is now altogether
neglected in respect of great abuse and errours which crept into
the Popish Kirk, by making thereof a sacrament of confirmation:
Therefore, that all superstitions built thereupon may be rescinded,
and that the matter it selfe being most necessary for the education
of the youth, may be reduced to the primitive integrity.
It is thought good that the minister in every parish shall catechize
all young children of eight yeares of age, and see that they have
the knowledge, and be able to make rehearsal of the Lord’s Prayer,
Belief, and Ten Commandments, with answers to the questions of the
small Catechisme used in our kirke: And that every bishop in his
visitation shall censure the minister who shall be found remiss
therein, and the saides bishopes shall cause the saides children
to be presented before them, and blesse them with prayer for the
increase of their knowledge, and continuance of God’s heavenly graces
with every one of them.
5. _Item_, As wee abhorre the superstitious observation of festival
dayes by the Papists, and detest all licentious and profane abuse
thereof, by the common sort of professors; So we think, that the
inestimable benefites receaved from God, by our Lord Jesus Christ,
his birth, passion, resurrection, ascension, and sending down of
the Holy Ghost, was commendably and godly remembered, at certain
particular dayes and times by the whole kirk of the world; and may
be also now. Therefore the Assembly ordaines, that every minister
shall upon these dayes have the commemoration of the foresaids
inestimable benefits, and make choice of several and pertinent texts
of Scripture, and frame their doctrine and exhortations thereto;
and rebuke all superstitious observation and licentious profanation
thereof.
Which articles and ordinances, Our Soveraigne Lord, with advice
and consent of the Estates, statutes and ordaines to be obeyed and
observed by all his Majesties subjects as lawes in time comming;
Annulling and rescinding whatsomever other acts of Parliament,
constitutions and customes, in so farre as they are derogative to any
of the articles above-written.
X.
Ratification and addition to the Act of Parliament, made anent
Restitution of Chaptours.
4th August 1621.
Our Soveraign Lord, and Estates of this present Parliament, ratifies
and approves the act of Parliament made in the moneth of Junii, in
the year of God one thousand, six hundred, seventeene years, anent
restitution of chaptours of cathedral kirks, in all the heads,
clauses, exceptions, limitations, and restrictions thereof. And
further, Ordaines and declares, That all deeds done since the date
of the said act, or to be done hereafter, whereby any member of any
cathedral kirke, being an office or dignity, hath been or shall
be supprest, or any land, parsonage, vicarage, or other living,
belonging to the said dignity dissolved from the same, without
an expresse warrand from his Majesty, and consent of Parliament,
are, and shall bee, with all that have followed, or shall follow
thereupon, null, and of no force, nor effect: and shall be so
founde in all tyme hereafter, by way of action, exception, or
replye. Providing alwayes, the Marquess of Hamilton his right to the
parsonage of Hamilton and Dalserffe: The Earl of Marre his right to
the parsonage of Carnwath: and any other parson having lawful rights
conforme to the lawes of the country, before the act of Parliament,
in anno one thousand, sixe hundreth, and seaventeen yeares; be no
wayes hurt, or prejudged herein.
* * * * *
The foregoing Acts of Parliament constitute the main statutory
enactments of the State by which the Church Government in Scotland
was transformed from Presbytery to Episcopacy. There were other acts
passed, bearing reference to Church affairs, in the first Parliament
of King Charles I., 28th June 1633, such as that anent His Majestie’s
Royal Prerogative and Apparel of Kirkmen--anent His Majestie’s
annuity of Tiends--the Submissions and Decrees-arbitral anent the
valuation of Tiends, &c.; but these being easily accessible to all,
and not immediately necessary for illustrating the revolution which
took place in the Church during the period with which we are at
present concerned, it is not necessary here to include them.
EDINBURGH PRINTING COMPANY.
FOOTNOTES:
[1] These MS. copies are sometimes referred to as _Abstracts_ or
_Abridgments_. Neither of these characters, however, strictly
speaking, is attributable to them; and _Excerpts_ or _Abbreviates_
are the more appropriate designation: for although in some instances
there are chasms occasioned by mutilation of the original Record
whence they were copied, and although they do not contain all the
proceedings at every sederunt, there is the strongest presumption,
arising both from internal and from authentic collateral evidence,
that so far as these excerpts extend, they are substantially and
truly fair transcripts from the original Record. This, however, is
not the place to discuss this point.
[2] Vide pages 203, 207, 314, 315.
[3] See printed Acts of Assembly, 1638, 1639, and “Records of Kirk of
Scotland,” pp. 22, 23, and 205.
[4] Vide Acts of Assembly, 1638, and “Records of the Kirk of
Scotland,” Acts, Sessio 7, Nov. 28, p. 22; Sessio 16, Dec. 8, p. 28;
Sessio 23, 24, Dec. 17, 18, p. 34, &c.
[5] Pp. 500, 507, 513, 523, 534, 558, 560, 562, 567, 572, 574, 589,
598, 668.
[6] Report of Committee on Church Patronage--Scotland, pp. 355-375,
450, 451.
[7] Acts of Parl. vol. ii. p. 526.
[8] Acts of the Parliament of Scotland, vol. ii. p. 535. (Mr
Thomson’s Edit.)
[9] Acts of the Parliament of Scotland, vol. ii. p. 535. (Mr
Thomson’s edit.)
[10] That is, the _Mount_ or Highlands; probably the Grampian range.
[11] Acts, vol. ii. p. 606.
[12] Vide Acts, vol. ii. p. 548.
[13] Acts of Parl. vol. iii. p. 35.
[14] The several passages enclosed in brackets were originally in the
minutes, but are marked as delete in the printed Acts, conformably to
the record.
[15] Acts, vol. iii. p. 23, renewed as passed in 1560.
[16] Calderwood and Crawford make this Assembly in _April_ 1577.
[17] Note in an old hand on the copy transcribed,--“Here in ane old
folio MS. I find y^r ar two leaves and a page blank, q^{ch} I suppose
is pairt of that which was torn out by Adamson, B. of St Andrews. I
mark the after blanks as I find them.”
[18] “In an old folio MS. I find 2 leaves here blank.” Note on copy,
in an old handwriting.
[19] “In the old folio MSS. there is here a leafe blank.” Note on
copy.
[20] “Here in the foresaid MSS. there is a leafe blank. Calderwood
remarks here as followis, p. 92:--‘There wanteth here in this
Register, if my copy be conform, a part of the third Session--the
whole 4, 5, 6, and part of the 7, riven out as the rest of the minuts
by the sacrilegiouse hand in the year 1584, q^r the submissions of
the Bischops of Glasgow, St Andrews, and the Isles, were set down;
yet I find in Mr James Carmichael his Observations, who was present
as Commissioner to this Assembly, that they agried,’ &c. Vide
Print.”--Note on copy of Book transcribed.
[21] “Here Cromarty’s Copy, and the originall, wants three or four
leaves.” Note on MS. copy.
[22] “Here in the MSS. there is a blank of a leafe, and on the
margine this--‘Condemnation of Bishops reiterat.’” Note on copy.
[23] Notes on Copy transcribed.--“Calderwood here inserts--Matters
to be treated in Provinciall Assembles, p. 208, and afterwards to be
tryed in the Presbytry, p. 209.” “Cromarty’s copy here hath--Matters
to be handled in y^e Provincialls.”
[24] Sic in MSS.
[25] Notes on copy transcribed:--
“In the MS. Minutes forcited, there are Minutes of two Assemblies,
June 17, 1589, and March 3, 1589.
“In the foresaid MSS. Fol. after this there followes thus in
titulo:--17 Junii 1589, and 3 March 1590, and then a blank of four
leaves.--N.B. That Calderwood passes the Assembly, June 17, 1589,
altogether, and gives the Minutes of the Assembly, March 1590, p.
254.--Vide print. Mr Crawford has some accompt of the Assembly, June
17, 1589, distinct from the MS. Minutes, and passes Calderwood,
Assembly, March 1590.”
[26] The MSS. Minutes before cited add--“Here beginns the Fyfth Book.”
[27] Acts, (Mr Thomson’s edit.) vol. iii. p. 58.
[28] Acts, vol. iii. p. 89. A Commission to a similar effect
appointed, 15th July 1578.--Acts, vol. iii. p. 105.
[29] Acts, vol. iii. p. 95.
[30] Acts, vol. iii. p. 137.
[31] Acts, vol. iii. p. 137.
[32] Acts, vol. iii. p. 211.
[33] Acts, vol. iii. p. 210.
[34] Acts, vol. iii. p. 212.
[35] Acts, vol. iii. p. 292.
[36] Ibid. p. 293.
[37] Acts, vol. iii. p. 292.
[38] Acts, vol. iii. p. 293.
[39] Acts, vol. iii. p. 293.
[40] Acts, vol. iii. p. 541.
[41] Acts, vol. iii. p. 542.
[42] Calderwood MS. vol. iv. p. 310.
[43] Probably a clerical error.
[44] “Calderwood and Crawford have 1596.” “In the MSS. this is 1595.”
“This holds in the Fol. MSS.” [Notes in MS. copied.]
There is some ambiguity as to the date of this Assembly, both as
to year and month. In several sederunts “March” is interlined
above “May,” which latter month is inconsistent with that in the
first sederunt. It was evidently the first after the Assembly
1595.--ED.
[45] This Assembly ante-dated by the King.--Calderwood, p. 446.
Letter from James Melvill and Howison.--_Ibid._
[46] Calderwood and Mr Crawford have it November. This Assembly
postponed by proclamation.--Calderwood, p. 459.
[47] Vide Acts of Assembly 1638--(4th Dec.)--Records of the Kirk of
Scotland, p. 24.
[48] Ibidem--Records, p. 205.
[49] On the margin of each of the sections in this chapter, marked
with asterisks, (viz. 17, 18, 19, 20, 21, 28, 29, 30, 31,) there
is a reference written in precisely the same words: “_Jac. 6, p.
12, c. 114, 3 Junie 1592_.” This is in a handwriting, and in ink,
evidently different from those in the text--and must have been
superinduced subsequently to the act of Parliament 1592, to which
these references plainly allude. The date and chapter, however,
cited, do not coincide with those of the charter of the Presbyterian
Kirk. In the common 12mo old edition of the Acts, the date is _fifth_
June, not _third_, and the chapter is 116, not 114, as noted in these
marginal references. But notwithstanding these discrepancies, it
is extremely probable that the Presbytery of Haddington having, in
obedience to the act of Assembly of Aug. 1590, subscribed the Book of
Policie, in Sept. 1591, (the year before the act of 1592 was passed,)
the Official Custodier of their copy had engrossed these marginal
jottings upon it, soon after the passing of the act of Parliament
1592, for the purpose of pointing out those articles in the Book of
Policie, which had been _sanctioned by Parliament_, so as to _mark_
what had been adopted, and to distinguish such articles from those
which had not been acceded to. That this was the case may be inferred
from a comparison of the terms of these articles, and of the act 1592.
It may not be deemed much out of place to remark here, that we
were not a little surprised to see in the pleadings from the bar
in the Auchterarder case, and in the opinion of one of the Judges,
an argument maintained, seemingly with much confidence, rested
on certain marginal memoranda, said to be found in Spottiswood’s
History, with reference to a conference held at Stirling, in 1578,
betwixt Commissioners of the Estates and Commissioners of the Kirk;
the ground of confidence in these memoranda being, that Spottiswood
had “set down the form of policy as it was presented, with the
notes of _their agreement_ and _disagreement_, as they stand in the
original, which (says the Book) _I have by me_.”--(Spottiswood’s
Hist. p. 289.)
Now, all the argument alluded to is grounded on the hypothesis,
that Spottiswood’s _printed_ History is an authentic and credible
authority. But this is by no means the case: and without going
into any lengthened statement, we shall suggest two objections
which appear to render the History _ascribed_ to Archbishop
Spottiswood, unworthy of credit. In the first place, the only MS.
of the Archbishop’s work (reputed to be either the original or a
revised copy) is in the Advocates’ Library, and in that MS. not
one word of the passage quoted--of the Book of Policy--or of the
marginal notes, is to be found; nor (so far as we can discover) any
reference to these. And independently of this, the whole MS. is so
much mangled and interpolated, and large additions made to it, that
it is impossible, without strong collateral evidence, to assume
_any thing_ in the _printed_ Book as bearing Spottiswood’s personal
testimony. But _secondly_, there is a _prima facie_ presumption
against the authenticity of that printed history, independently of
its being destitute of any proper voucher. The Archbishop died in
the end of the year 1639. In the publisher’s preface to the first
edition of it, which was published in 1655, that is, sixteen years
after the Archbishop’s death, we are told that “a copy of it lighted
into ingenuous and noble hands;”--and in the close of the Life
prefixed, we are told that it “was like an infant of the Israelites
in an ark of reeds.” This is the whole amount of information given
with respect to the history generally ascribed to Spottiswood! That
the unfortunate Prelate left a MS. history, or fragments, we have
no doubt; but we have never seen any evidence to show, that the
published book corresponds with what he had written; and therefore we
conclude that that work, as we now have it, is altogether spurious,
and that it cannot safely be relied on as an authority, much less as
a record of the individual _testimony_ of the Archbishop, whatever be
its complexion, on any one point in the transactions of those times.
There are various minute particulars in regard to the copy of the
Book of Policie, and Notes in that work, which we may hereafter have
occasion to notice, but which would be unsuitable in this place.
[50] On the margin of the Haddington copy of the Book of Policy,
opposite to this section, there is a note written, but not in the
same handwriting as the Book itself. It seems to have been added as
a scriptural authority for the provision in this article, and is
in the following terms: “Tim. 5, 17. The eldars that rule wel are
worthie of double honour, speciallie they which labour in word and
doctrine.” And interjected and interlined with sections 26 and 27,
are some lines, containing an extract from Beza’s translation of the
New Testament, which, however, it is unnecessary to insert here.
[51] In the other copy it is “according to the custome of his
longanimitie.”
[52] “Aberdeen.”
[53] This transcript of the minutes of the Assembly 1606 is taken
from the more ancient copy of the two in the Advocates’ Library, and
this is the last Assembly the proceedings of which are contained in
that copy. The acts of this Assembly are omitted at the proper place
in the more modern copy which we have used, but interjected at a
subsequent part of the volume among various miscellaneous documents
not referable to that period. The more ancient copy, however, is now
preferred.
[54] The acts of this Assembly were ratified by act of the Parliament
in 1612, a copy of which is inserted in the MS. of the Booke; but
instead of including it here, it is annexed in the subjoined Appendix
of contemporary documents.
[55] There must be some mistake here. The 2d Session of this Assembly
was on the 14th of August,--and if the 15th Session was on the 15th,
the Assembly must have had thirteen sederunts in the course of one
night. But the number is given as we have it in the MS.
[56] None of the documents marked with an asterisk referred to in
these minutes are to be found in either of the copies of the _Booke_
to which we have had access. But the tenor will be supplied in the
proper place, from the most authentic sources of information, if we
can discover them.
[57] The Confession here alluded to is not inserted in the MS.
copied; but it will be given among the documentary illustrations in
the _Notes_.
TRANSCRIBER’S NOTE
Footnote [49] has nine references (anchors) marked with a *.
Footnote [56] has three references also marked with a *.
Except for those changes noted below, all misspellings in the text,
and inconsistent or archaic usage, have been retained.
Pg iii: ‘Acts of the Genera’ replaced by ‘Acts of the General’.
Pg 81 Footnote [12]: ‘vol. ii. p. 54^o’ replaced by
‘vol. ii. p. 548’.
Pg 92: ‘31. Anent’ probably meant to be ‘13. Anent’ but has not
been changed.
Pg 150: ‘[15]73-74' replaced by ‘(15)73-74' to avoid confusion
with Footnote numbering.
Pg 170: ‘was decern to be’ replaced by ‘was decerned to be’.
Pg 340: ‘Patrick Simpso’ replaced by ‘Patrick Simpsone.’.
Pg 396: ‘in he end’ replaced by ‘in the end’.
*** End of this LibraryBlog Digital Book "The Booke of the Universall Kirk of Scotland - Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained." ***
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