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_,