3 Sessio--_in Pretorio._

Anent uniformitie of discipline: It is thocht meit that the same be

first proponit in the privie conferrence, and thereafter publicklie.

Anent the Registers of the Kirk: Mrs George Hay and Patrick Galloway

being direct to the King’s Majestie for to solicite the redelyverance

of the same, his Heines answerit, that they sould be delyverit to

the clerk ilk day dureing the Assemblie; but at even they should be

in the hands of the Lord Privie Seall, qwhill the end of the said

Assemblie, betwixt and the qwhilk day his Majestie would be present

himselfe.

Sessio 4.

It is thocht universallie meit, that through the haill countries

there be orderly sett downe Presbytries in the places underwritten,

quhilks are judgit most proper and convenient therefore, to

the number following, viz. In Orknay, ane within the Toune of

Kirkwall: In Zetland, ane within the Toune of {blank space}: In

Cathnes 2, Thurso and Dornock: In Ross 2, ane in Tare and uther

in Channonrie: In Morray 4, viz. Inverness, Forress, Elgine, and

Ruthven: In Aberdeine 5, viz. Fordoune, Dier, Innerowrie, Aberdeine,

and Kincardine: In Mearnes ane, viz. in Bervie: In Anguss 3,

viz. Montrose, Dundie, Brechine: In Dunkeld ane: In Perth ane:

In Dumblaine ane: In Striviling ane: In Lowthiane 5, Lynlithgow,

Edinburgh, Haddingtowne, Dalkeith, Dumbar: In Fyfe 4, Cowper, St

Androis, Dunfermling, Kirkcaldie: In Merss, Churnsyde: In Teviotdale

3, Melross, Jedburgh, Kelso: In Twedell, Peebles: In Annandaill,

Muffet: In Nithesdaill 2, Drumfreiss, Sanchar: In Galloway 4,

Glenluis, Wigtowne, Kirkcudbright, St Johnes Clawchane: In Carrick,

Mayboll: In the Shreffdome of Aire,--Aire, in Cunninghame, in Irwing:

In Ranfrew, Pasley: In Lennox, Dumbartane: In the Nether Ward of

Cliddesdall: In the Over Ward 2, Lanerick and Biggar. And to the

effect that the kirks qwhilk most propperlie sould be unite to every

Presbytrie may be joynit thereto, qwhairupon the Presbytries may be

erectit conveniently, the Assembly ordaynes Commissioners for ilk

Sheriffdome.

Sessio 5.

The breither appoyntit to give in the names of the kirks as they

thocht maist properlie might be casten in to the Presbytries,

pronuncit their judgements in wreit, qwhilk were delyvrit to my Lord

Clark Register, qwhom the Kirk requestit to visite and consider, and

to giue his judgement thereof. As to the places qwhare the Synodall

Assemblies shall be halden and the day of their next conventione;

it is thocht meit that thair next Assemblies shall begine the first

Tuesday of October nixt to come in the particular places following,

qwhare being conveinit, they shall chuse at their awne optione the

same, or such other places within their bounds as they think maist

expedient thereafter; and so furth from tyme to tyme, as they shall

appoynt and think meitest for the first tyme.

The Synodall of Orknay in Kirkwall: of Kaithnes in Dornock: of Ross

in the Channonrie: off Morray in Elgine: off Bamff in Torrey: off

Aberdeen in Aberdeine: off Angus in Mernes in Brechine: off Dunkeld

in Dunkeld: off Dunblaine: off Fyffe and Perth in St Androis: off

Lowthiane in Edinburgh: off Merss, Teviotdale, and Tweddall, in

Lawder: off Nithsdaill in Drumfries: off Galloway in Wigtowne: off

Kyle, Carrick, and Cuninghame, in Aire: off Cliddsdale, Ranfrew, and

Lennox, in Glasgow.

The haill Kirk requestit my Lord Secretar to intreat with his

Majestie, that the Generall Assemblie may be yearly heirafter

observed, and to understand quhat tyme his Majestie thinks meet for

the next conventione.

Anent the doubt movit, if it be leisum to any towne or citie quhare

there is ane Universitie, and ane pairt of the parochine of the said

towne lyand to landwart, but thair consents and votes, to elect

ane minister to the haill paroche and universitie, pretending the

priviledge of ane old use and custome: The Kirk hes votit thereto

_negando_, that it is not leisome so to doe.

Sessio 6.

Anent the heid read afternoone, referrit to farther deliberatione:

the Moderator declairit that the matter in a pairt being reasonit in

privie conferrence, they had pennit two articles, quhilk they thocht

good the Assembly sould judge upon, and to vote to the same if they

find it expedient; quhilk being read and advysit with, the haill

brethren gave consent thereto; of the quhilks articles this is the

tennor:

It is found that all such as the Scripture appoynts Governours of the

Kirk of God, as, namely, Pastors, Doctors, and Elders, may convene

to Generall Assemblies and vote in ecclesiasticall matters; and all

uthers that hath any sute or uther things to propone to the Assemblie

may be there present, to giue in their sutes, and propone things

profitable to the Kirk, and hear reasoning, but shall not vote: 2.

There are four offices ordinare sett down to us be the Scripture,

to witt, Pastors, Doctors, Elders, and Deacones, and the name of a

Bischop ought not to be taken as it hath been in Papistrie; but it is

commone to all pastores and ministers.

Mr David Cunninghame, Bischop of Aberdeene, is ordainit to be

summoned before the Presbytrie of Glasgow, for abusing his bodie in

adulterie with Elspeth Sudderland.

Anent Visitation; The Kirk, after reasonyng, hes fund that it

is lawfull and necessare at this tyme, and the forme thereof

continewand, and the rest of the circumstances thereof heirafter to

be reasoned.

Sessio 7.

Anent the heids of Visitatione, and circumstances left to farther

consideratione: At the desyre of my Lord Privie Seall, the Assembly

directit Mrs Robert Pont, Andrew Melvill, Thomas Blackburne, Nicoll

Dalgleische, Andrew Polwant, and Thomas Buchanane, to conferr with

the King’s Majestie’s Commissioners thereanent, and such others

matters as shall be communicat unto them.

In presence of the haill Assembly, compeirit my Lord Maxwell, and

declareit, that be the King’s Majestie’s command, he compeirit before

the said Assemblie, as he had found cautione to that effect before

the Counsell to compeare before them this day; and, in respect of

his obedience, protestit his cautioner sould be fred, and took

instruments upon his compearance and protestatione.

The Assembly, in respect they knew not the cause of his compearance,

nor the King’s Majestie’s command thairanent, desyreit him to be

present the morne before noone; and, in the mean tyme, craving his

Heines’ Commissioners knawledge heiranent. The saids Commissioners

protestit that his cautioner sould no wayes be free, qwhill his

Majestie’s minde be returned be them to the Assemblie.

Anent the propositione of the King’s Majestie’s Commissioners,

made to the haill Assemblie, to resolve, be good and commone

deliberatione, if they will accept the Bischops sett downe in the

conferrence had betwixt certaine of his Majestie’s Councill and

certaine of the brethren of the ministrie, or if they will refuse?

The Kirk continowit their answer qwhill the morne, after the reading

publickly of the haill conferrence. Albeit, the articles agreit in

the conferrence halden at Halyrudehouse, betwixt certaine appoyntit

be the King’s Majestie of his Counsell, and certaine of the ministrie

callit be his Grace to that effect; the particulars being openly

read, The brethrene agreit to the first article, it being conceivit

in thir termes:--

It is condescendit that the name of a Bischop hes a speciall charge

and functione annexit to it be the word of God, the same that the

ordinarie pastor hes.

Compeirit the Earle of Mortoune. Lord Maxwell being accusit for the

heiring of Mass, and the Act of the King’s Majestie’s Privie Counsell

being read for the satisfactione of the Kirk thereanent; he answerit,

that he had satisfyed the King’s law, and desyrit the conferrence of

learnit men concernyng the Religione and participatione of the Lord’s

table.

Sessio 9.

Anent the remanent Articles of the said conferrence: It was thocht

good, first, to lay some grounds to reasone on: And, first, after

reasonyng, it was concludit, that it is lawfull to the Generall

Assemblie, to admitt a pastor or minister having a benefice presentit

be the King’s Majestie unto the same: Sicklyke that visitatione is

in the persone of pastors: _Item_, The Generall Assembly may send a

man, accompanyed with such as the Presbytrie shall adjoyne to him in

visitatione.

Sessio 10.

In answering to the heads of the conferrence had betwixt certaine

of his Majestie’s Councill, and certaine of the brether at his

command, the haill Assemblie declairs, that [by] the name of a

Bischope, they only meine of such a Bischope as is descryvit be

Paull; and swa understanding, they agree with the 3d Article of the

said conferrence. Concernyng the 4th Article, it is agreed, that the

Bischop may be appoyntit be the Generall Assemblie to visite certaine

bounds to be limitat to him; and, in visitatione thereof, he shall

proceed be the advyce of the Synodall Assembly, and such as they

shall adjoyne to him. In receaving of presentationes and collationes,

giving of benefices, he shall proceed be the advyce and vote of the

Presbytrie qwhere the benefice lyis, and of certaine Assessors to be

joynit to him, at the leist of the maist pairt of the Presbytrie and

Assessors, unto the tyme the Presbytrie be better constitute, and the

Generall Kirk take farther order. The same Assessors, at the first

time, shall be nominat be the Generall Assembly.

Sessio 11.

He shall be subject, in respect he is a pastor as uther pastors

are, to be tryit and censured in his lyfe and doctrine be the

Presbytrie or Synodall Assemblie; and, because he hes Commissione of

the Generall Assemblie, in that respect to be tryit be them. If he

admitt or depryve without the maist pairt of the Presbytrie’s consent

and Counsell, the deed to be null, and the doing thereof to be ane

sufficient cause of deprivatione of him: his power to be _ordinis

causa, non jurisdictionis_. Where they that commonly are callit

Bischops may not overtake the haill bounds, callit of old Diocie,

Commissioners shall be presentit be his Majestie to the Generall

Assemblie, and admittit be them thereto, as the said Bischops are

to theirs, and to be comptable allanerlie to the said Assemblie for

their Commissione; and the Bischops to have no power within their

bounds more than they have within his bounds, The Commissioners,

being elect as said is, to have a like counsell and power in the

execution of their office as the Bischops hes: That the Commissioners

appoyntit to visite in their Presbytries or their particular kirks,

as the Presbytries or Synodall Assemblies think good--not prejudging

the Presbytrie’s particular visitatione. The same cause of lyfe

and doctrine to depryve a Bischop or Commissioner that depryves a

minister. The 14th Article agreit to. Anent the Assemblies, the first

Article agreit to also.

The Commissioners of the King’s Majestie protestit, in respect the

Assembly had casten down that qwhilk was requyrit in the Conferrence

halden att Halyrudehouse, that nothing be done therein mair in the

said Conferrence, nor this Assembly, have any force or effect; and

namely, in respect they have subject Bischops to the tryall and

censure of the Presbytrie and Synodall Assemblies: In respect of the

qwhilk protestatione, the Assembly immediatly direct to the King’s

Majestie Mrs Robert Pont, James Martine, and Patrick Galloway, to

informe his Grace concerning this matter.

Sessio 12.

The brether direct to the King’s Majestie yesternight, reportit, that

his Majestie could not agrie that Bischops and Commissioners sould

be utherwayes tryit then be Generall Assemblie. In respect of the

tyme, the Assemblie hes thocht it expedient, That albeit it be thocht

lawfull and reasonable be them, that the tryall and censuring of

pastores be in the Presbytries qwhair they remain, nottheless, that

the tryall and censuring of such pastors as the Generall Assembly

shall giue Commissione to visit, shall be in the hand of the said

Assembly, or such as they shall deput, qwhill farder order be taine

be the Generall Assembly.

Ordaynes Mr Andrew Melvill to penne a favourable letter to the French

Ministers qwho are to repaire within the countrie to the King’s

Majestie’s licence, assureing them of the travells of the Kirk at his

Hienes’ hand and burrowes.

Anent the continwance of the Commissione gine to Commissioners

appoyntit be the Generall Assemblie: It is resolvit, that the saids

Commissioners shall continow in that charge for ane year nixt to

come, and from thence furth, according as the said Assemblie shall

think expedient.

Sessio 13.

Concerning the appellatione interponit be the Bischop of St Androis

from the proces of the sentence of excommunicatione led and pronuncit

against him be the Synodall Assemblie of Fyfe: It was thocht meit

that Mrs Patrick Galloway and John Duncansone pass downe to the

King’s Majestie, to desyre, if his Grace think good, that certaine

of his Counsell be appoyntit, with certaine of the brethrene to be

nominat be the Assemblie, to sicht the said proces and appellatione,

before the same be brought in publick judgement and sight of the

Assemblie? His Majestie’s answer being returnit, that he agries unto

the said desyre.

Anent Commissione of Visitatione, aither the Bischop or uther: The

Assemblie declaires, that all the saids Commissiones shall cease and

take no effect in tyme comeing, without new Commissione from the

Generall Assembly to them to that effect.

Sessio 15.

Ordaynes two or three of every countrie to resort to my Lord Clerk

Register, to visit the platt of ministers’ steipends, and sicklyke of

the Presbytries, and order thereof, qwhere they may giue their advyce

and be best satisfiet. Qwhere the King’s Majestie and his houss makes

residence, it is found meit that they, with his Grace’s ministers, be

of that Presbytrie qwhere they make their residence; and the samen to

be understand of the Nobilitie, their housses and ministrie.

The Letter ordaynit to be direct to the French Ministers being read,

was thocht meit to be written over and delyverit to Monsieur Muline,

under the subscriptione of the Moderator and Clark.

Sessio 16.

Forsuameikle as, in the Conferrence, some things were thocht meit

to be proponed to the Assemblie, concernyng the matter of the

appellatione of the Synodall Assemblie of Fyfe, interponit be the

Bischop of St Androis; The Breither of the said Synodall, so many

as were present, being desyrit to remove, protestit concernyng that

actione, that the Assemblie sould proceed in forme, and take in the

appellatione with the proces, heir the alleadgeances of the appellant

and their answers, offering them readie instantly to offer; and so

accordingly to proceed and judge, utherwayes howsoever they judgit,

proceeded or sentenced in that matter, that it should be no prejudice

to their proces and sentence, nor to them, nor to the whole Kirk of

Scotland.

The breither, for the maist pairt, voited not to enter in the

rigorous discussing of the appellatione and proces forsaid, but to

be a midds therein, such as was proponit in wreit, and read be the

Moderator openlie unto them, qwhereof the tenor follows:--

If the Bischope, be his hand-wreit or personall appearance in the

Assembly, will in God’s presence deny, that ever he either publickly

professed, or meined in any sort to acclaime a supremacie, or to be

judge to uther pastors or ministers, or ever allowit the same to

have any ground in God’s word--and, if he had so done, it had been

ane error, and against his conscience and knawledge: 2. If he will

deny that, in the last Synodall Assemblie, he acclaimit to be judge

thereto, and if he did that, in that he errit, and in his superiours

behaviour and contempt of the said Synodall, and his brethren

present, and craved oversicht thereof, and promisand good behaviour

in tyme to come: 3. If he will promise to clame no farther nor he

may justly be God’s word, and according to the late conferrence,

and indevore himselfe in all behalfes to schaw himselfe in all tyme

to come, ane moderat pastor, and, in so far as may be able, ane

Bischop prescryvit be Paul, and to submit his life and doctrine to

the judgement and censure of the Generall Assembly, without any

reclamatione, provocatione, or appellatione therefrom in any tyme

comeing: For his Majestie’s satisfactione, and to giue testimonie

with qwhat good will we wold obey his Heines, so far as we might and

ought, or in our conscience we may, and for the good hope we have of

his Majestie’s favourable concurrence in building of the house of

God, and for quyetness to continow in the Kirk within this realme:

And because the proces of excommunicatione was led, and sentence

pronouncit dureing the tyme of the Conferrence, Qwhereupon his

Majestie hes taken occasione of offence, qwhilk for many good causes

war convenient for to be removeit, we will forbear to examine the

said proces, or to decyde qwhatsoever provocation or appellatione,

or to call in doubt the legalitie of the said proces, or condemn

the said Synodall; yet, for the respects forsaids, and upon good

and weightie considerationes, we hold the said proces and sentence

as unled, undecydit or pronuncit, and repone the said Bischop in

all respects so as may concerne the said proces and sentence of

excommunicatione, in the former estate he was in immediately before

the same, lykeas no proces or sentence had been led nor deducit

against him; provyding alwayes he observe qwhat hes been promised be

him in the premisses, and behave himself dewtifully in his vocatione

in all tyme comeing.

Articles ordaynit be the Assemblie to be proponit and cravit of

his Majestie.

It will please your Majestie to take some substantive order how the

countrie may, without delay, be purgit of the pestiferous sect of

Jesuites, speciallie of such as for the friendschip in the North

is hichlie authorized; who, although they have been summoned to

underly the law, and assiste summond to that effect, yet their

non-compeirance dispensed with, they friely ganging through the

countrie, meining nothing less then to depart, and Jesuites furth of

the South and furth of France repairing of new to them.

_Item_, That seing papistry abounds in the North, be reason of

the state of qualified ministers therein, for lake of sufficient

provisione and stipends, that therefore assignationes be made unto

them conformable unto the ministrie of the South, and that the thrids

there be not assignit to the Kirks of the South, qwhill their owne

Kirks be provydit sufficiently, and such as wtherwayes hes been

disponit may be dischargit.

_Item_, That judges may be appoyntit in all schyres for executione

of the acts of Parliament, made against the breakers of the Sabbath,

adulterers, and such open transgressors of God’s law.

_Item_, That in chiefe borrows-townes, there be teaching ordinare

four tymes in the week, besyde the discipline, visitatione of the

seik, ordinare to pastors and wthers charges; that two ministers be

appoyntit to such townes.

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