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._