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._