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.