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. (part 3 of 4)

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. (part 3 of 4)

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:--

Spotted a typo or a problem in this chapter? Tell us