Forsuameikle as the brethren of the ministrie conveint in the
Generall Assemblie hes with ane solemne humiliatione acknowledgit
their sinnes this day, and negligence in their conscience before God,
and hes interit in ane new covenant in their charges, and seeing ane
great part of the ministrie is not present at this actione; Therefore
the Kirk commands their brethren of the Synodall Assemblies to make
the lyke solemne humiliatione and protestatione as was observit be
the Generall, at their next convening, and so many as beis not at
their Synodall, to doe it at their presbytries.
Articles proponit be the Commissioners of the constant Platt to
be advysit and passit in Acts be the Generall Assembly.
_First_, It is thought requisite be the saids Commissioners, and
cravit, that the said Assembly would ordayne that the Moderators
of ilk presbytrie within this countrie sould give presentations
_jure devoluto_, of all benefices of cure, belonging to laick
patrones within their bounds, that hes not presented qualifiet
persones within sax monethes after the decease of the last possessor
thereof; and sicklyke, the benefices qwhilks shall vaike hereafter
in caice the saids patrones neglect to present within sax moneths,
to ministers serving, or that shall serve the cure of the saids
kirks, under the paine of deprivatione; and that the saids ministers
accept their presentationes, and persew them: And in caice there be
not actuall ministers presently at the saids kirks, in that caice,
that the saids Moderators deall effectuallie with wthers qualified
persones, to accept the saids presentatations, and to prosecute the
samen be law.
That all beneficit persones that are here present in this Assemblie
be movit presently to interdyte themselves from all setting and
disponyng any part of their benefices to qwhatsomever persone or
persones, without the speciall consent and allowance of the Generall
Assemblie, and the interdictione to be subscryvit be such as are
present, and wthers that are absent urgit be their presbytries to doe
the lyke, immediately after the dissolving of the Assembly.
Because the kirks in diverse places of the countrey sustaines great
hurt through the laike of unqualified persones in the ministrie
instructed and trained up in the schooles of theologie; therefore it
is cravit that ane act be made in this Assemblie, ordayning every
provinciall Assemblie to furnische a sufficient entertainment for
a bursse in the New Colledge of St Andrews, this 96th year, and
so forth, yearly, in all tyme coming; and that every Provinciall
Assemblie shall have the priviledge to present the said bursar so
oft as the benefice or place shall vaike: and in caice there be any
of the ministers’ sones within the province, of meit graces for the
said place, that he be preferrit to all wthers to the ministrie; and
after the expyreing of his course, in the study of theologie, that
he be bound to imploy his travells within the province to the qwhilk
his graces may be answerable--and that it be not leisum to the said
bursar to imploy his travells in any wther place, except be the
consent and advyce of the said province.
Seeing the necessitie of the common affaires of the Kirk craves, that
there be a continuall travelling and attendance at court both for the
farderance of the present work qwhilk is in hands, anent the planting
of the Kirks, as lykewayes of the continuall diligence of the enemie,
waiting at all occasiones, speciallie qwhen they finde any slackness
upon the part of the Kirk, in the discoverie and resisting of the
interprizes of the said enemie; Therefore it is cravit, that ane
care and burden of the common cause be laid upon some brethrene be
the Generall Assemblie, either of them that are residents here about
court, or else of some others to be appoyntit of diverse partes
of the countrie, because, wtherwayes, there is nane that finds
themselves in conscience bound to haue any care heirof, or to make
panes therein.
The first two articles the Assemblie answerit is agreit: To the
third, the Assemblie ordaynes it to be movit in the provinces first:
To the fourth, Appoynts Mrs Robert Bruce, David Lyndsay, James
Balfour, and James Nicolsone with them, when he is present.
Sessio 13^a.
Anent the articles concerning his Majestie’s house and persone, the
Assemblie hes nominat Mrs Patrick Galloway, James Nicholsone, and
James Melvill, to conferre with his Majestie thereanent.
Offences in his Majestie’s House.
As strangers and wthers good subjects repairing to the court hes been
comfortit to sie Christiane religione religiouslie exercisit, so now
they are somewhat troublit, seeing the exercise of the reading of
the word at table, and reverent saying of the grace before and after
meat, diverse tymes omittit.
That on the week-day the repareing to the heiring of the word is mair
rare then before, and that he wald be admonisched for heiring of
speeches in tyme of sermone, of them that desyre to commune with his
Majestie.
Privie meditation with God in spirit and conscience, earnestlie to be
recommendit to him.
His Majestie is blottit with banning and swearing, qwhilk is too
common in courteours also, and movit be their example.
His Majestie wold labour to have such companie about him as
himself, according to his awne {blank space} qwhilk is gravely to
be recommendit to his Majestie to be put in practise: Robert Laud,
and such as are suspect, to be removit--especiallie murtherers, and
Papists, and profane persones.
The Queen’s Majestie’s ministers to be reformit; and touching
her company, her not repareing to the word and sacraments--nicht
walking--balling, &c., and suchlyke concerning her gentlewomen.
In respect of the Report of the brethren of the north, that gentlemen
and burgesses are lyke to leave their houses for fear of the enemies,
seeing their great insolence unrepressed at hame, returning of their
wyves to the countrie againe, and their provisions in their houses
and castles for their hame-coming, qwhilk is murmurit against in all
the countrie:
For remedie, it is cravit that the Ladies of Huntlie and Arroll
presently be brought back againe and placit in St Androis, my
Lord Gordone sicklyke to be brought to the south, and put to the
schools--their friends in the south to be wardit,--as Cluny,
Geight, Abergaldie, Cowbairdie, Bonytowne, younger, Craige,
younger, Alexander Hay of Auchmather, Mr Alexander Leslie of Peill,
James Knowes, John Gordoune of Newtoune: to be apprehendit, Towie
Barclay, Patrick Conn. And for this effect it was thoucht good that
some Commissioners, the Provest of Aberdeen, with the Laird of
Wedderburne, to be direct to the north, with the Kirk’s Commissioners
already appoyntit.
The Commone Corruptiones of all Estates within this Realme.
Ane universall coldness and decay of zeale in all estates, joynit
with ignorance and contempt of the word, ministrie, and sacraments;
and qwhere no knowledge is, there is no sense nor feeling, qwhilk
utters itself most manifestly be this, that they want religious
exercises in their families, as of prayer and reading of the word;
and qwhere the samen, for the maist pairt, is abused and profaned be
cuiks, stewarts, jackmen, and such lyke;--the masters of the families
ashamed to wse their exercises of godliness in their awne persones,
and no conferrence at their tables, but of prophane, wanton, and
worldlie matters.
Superstitione and Idolatrie intertaint, qwhilk utters itself in
keeping of festivall dayes and bonefyres, pilgrimages, singing of
carrolls, and Zuill.
Great blasphemie of the holy name of God in all estates, with
horrible banning and curseing in all their speeches.
Profanation of the Sabbath, and speciallie in seed-tyme and
harvest, and commone journeying on the Sabbath,--and trysting and
worldlie turnes,--exerciseing all kynde of wanton games--keeping of
markets--danceing--drinking, and suchlyke--little care and reverence
of inferiours to their superiours; as suchlyke of superiours in
dischargeing their dewtie to the inferiours--as qwhair children
pleyes in law against parentes, and many of them marryes against
their parents’ will and consent, and no care of thair parents for
thair education in vertue and godliness.
Ane flood of bloodscheds and deadly feuds aryseing therupone, and
universall assisting of bloodscheds for eludeing of lawes.
Adulteries, fornicationes, unlawfull marriages, and divorcements
allowit by publick lawes and judges, and children begotten in
such marriages declareit to be lawfull, excessive drinking and
wawchting, gluttonie, qwhilk is no doubt the cause of dearth and
famine,--gorgeous and vaine apparell,--filthie and bawdie speeches.
Sacriledge in all estates, without any conscience, growing
continuallie mair and mair, to the utter undoeing of the Kirk and
staying of the planting of the gospell--cruell oppression of the
poore tennents, qwhareby the haill commons of the countrie are
utterly wrackit, be the extream dear setting of their rowmes,
and halding out of their cornes by untymous teinding and extream
thraldome in services.
Oppression under pretext of law, be usurie and be contracts against
law--forstalling of mercats--ane regrateing be gentlemen burgesses
and commons, qwhairby the pryces of victuall is marvelouslie raised,
to the great hurt of the poore, and suchlyke girnelling of victualls,
and withholding of them from the mercats, and not threshing them out
in due tyme.
Ane great number of idle persones without lawfull calling;--as
pypers, fidlers, songsters, sorners, pleasants, strong beggars living
in harlotrie and having their children not baptized, without all
kinde of repairing to the word.
Offences in the Court and Judgement Seat.
Universall neglect of justice both in civill and criminall
causes;--as, namely, in granting of remissions and respites for
blood,--adulteries and incests,--no execution of good lawes made
against vyces, or in favour of the Kirk, and in civill matters,--the
judges, for the maist pairt, unmeit, either in respect of the want
of knawledge or conscience, or both; and when any office vaikes, the
warst men advancit thereto, both in high and inferiour rowmes.
No executione made against the adherents of the detected enemies,
and the enemies themselves, nor imploying of their livings to the
use of the resisting of the enemies, qwhairby the enemies are rather
beneficit nor hatit.
The odious murder of Dunibristle not punisched.
In Parliaments, sacrilegious persones, as Abbots, Pryors, Dum
Bischopes, voteing in name of the Kirk, contrare to the lawes of the
countrie, whereby the cause of the Kirk is damnified.
The Session is chairgit with buying of pleyes, delaying of justice
and bryberie, qwhilk is evident be extraordinar and sudden conquests.
Grieves to be humbly meanit to his Majestie, in name of the
Generall Assemblie, be thair Commissioners, touching the
principall Offences in the Estate of the Countrie, that be his
Majestie’s Counsell and authoritie sufficient remedie in tyme
may be provyded thereunto.
_First_, It is humbly meanit to his Majestie, that to the great
hazard of religion, and peace of the countrie, and grief of all
good men, the forfalt rebells and enemies of his Majestie’s estate,
injoyes their lands and livings as peaceablie, and to their greater
advantage, then if they were at his Majestie’s peace within the
countrie, and their confederats and friends, partakers and assisters
with them and their treasonable attempts, are sufferit in so great
ane libertie, never having ance so meikle as enterit their persones
in ward, nor giving suretie and pledges for their good and dewtifull
behaviour and obedience to his Majestie, in case it shall happen
the saids rebelles, or any uther forraine enemies, to repare within
the countrie for disquieting of the estate thereof, as if they had
immunitie and exemptiones from all lawes, to confirme themselves for
strengthening the hand of the enemies when they happen to arryve, as
it appeares their intention is, by their preparatione, force, and
armour, and leagues of friendship whilk they are daylie binding up.
Diverse Jesuites and excommunicat priests are intertained within the
countrey, deteining such as they have pervertit in their errors, and
induceing wthers in the samen corruptione, and holding them in hope
of the returning of the Papists Lords with assistance of strangers;
as, namely, Mr Robert Abercrombie, Mr Alexander Macqwhirrie, Abbot of
New Abbay, John Gordone of Newtoune, the young Laird of Bonytoune, Mr
Alexander Leslie of Peill, Patrick Carr, Alexander Ramsay, and divers
uthers.
That in many pairts of the countrie, for lake of provisione of
sufficient stipends for provisione of pastors, the people lyes
altogether ignorant of their salvation, and dewtie to God and
the king, qwhairthrough the land is overflowit with atheisme and
all kynde of vyce, there being above four hundreth pareche kirks
destitute of the ministrie of the word, by and attour the kirks of
Argyle and the Isles.
It is regraitit universallie, be his Majestie’s leiges, that
through the delaying, perverting, and eluding of justice, murthers,
oppressions, incests, adulteries, and all kynde of haynous crymes
aboundes.
It is to be heauilie meinit, that the brether of the ministrie that
hes gotten ane meine provisione or help be the assignation made
anno 1595, are delayit and frustrat of justice, by the Lords of
Session refusand to decyde their suspensiones according to the act of
February 1588.
Articles to be proponit to his Majestie for remedying of the
former Grieves.
For remeid of the former grieves, it is humbly to be craveit of his
Majestie, that the Lairds of the forfaulted rebells be disponit to
such as are knawne to be most meit, and of best affectione to resist
the enemies of religione, and his Majestie’s Estate, both forraigne
and intestine, and in the meantyme that their livings be taken up,
and intromittit with be his Majestie’s officers, and imployit upon
the intertainment of wagit men, and uther necessar uses, for the
maintainance and advancement of the good cause; and that the ladies
of Huntlie and Arroll be chargeit to come south, and make their
residence in St Androis, that there be no more ane receipt and
incouragement to the enemies, as they are presently, be their subtill
forme of practice, qwhilk they have useit this year by past, to the
confirming of their friends and confederates, and intyseing of uthers
whom they might seduce to their purpose, and upon violence against
such as refuse to yield to their course, and that the Ladie Huntlie,
her eldest sonne, be brought south, to be trained up in the knawledge
of good letters and religion, and that the Lairds of Clunie, Gicht,
Aberzeldie, Cowbairdie, Craige, younger, Alexander Hay of Auchmathie,
Buckie, James Knowes, Towie Barclay, Patricksone, and the rest of
their principall friends and confederats that hes kythit with them
in actione in their treasonable interpryses againes his Majestie,
be chargit to come south, and enter their persones in some speciall
ward, there to remayne ay and qwhill they have found sufficient
cautione under great soumes, that they shall neither traffique,
intercommune, supply, or intertain intelligence, nor give any kinde
of assistance to his Majestie’s rebells, or any wther enemies of
religione qwhatsumever, and give sufficient pledges of their sonnes
and nearest friends to that effect.
That his Majestie give commissione to some of his speciall servants
and wthers, knawne to be of good abilitie and affectione, to
search, seik, apprehend, and present before his Majestie, Mr Robert
Abercrombie, Mr Alexander Macqwhirrie the Abbot of New Abbay,
Alexander Ramsay, Bonytowne, younger, Alexander Leckie of the Peill,
John Gordoune of Newtowne, and wthers, Jesuites, and excommunicat
Papists, as their names shall be given in a roll.
That his Majestie would prosecute his good purpose and intentione
declareit before the Assemblie, anent the planting of the haill kirks
within the countrie, with qualified pastores and sufficient provision
of stipend for their intertainment; and for that effect, that he wold
give commissione to the visitors nominat be the Generall Assemblie,
to take inquisitione of the estate of all kirks within the bounds
of their visitatione, and to deall with the tacksmen and possessors
of the teinds, in his Majestie’s name, for sufficient provision to
the ministers, out of the rent of every paroche, and to report the
samen to his Majestie’s Commissioners appoyntit for the work of the
platt, in the act of Parliament, and provyde some honest moyen for
the intertainment of their charges in the journey.
That his Majestie take order substantiously be advyce of his Counsell
and Estate, how the principall judgment seat and wther inferiour
judges may be purgeit of unqualified and corrupt persones, and filled
with wthers meit to discharge that calling faithfullie, for the
comfort of his Majestie’s peaceable and well-disposed subjects.
That his Majestie wold command the Lords of Session to minister
justice to the brethren of the ministrie that hes gotten any
augmentation of their meine stipends or new provisione by the
Commissioners appoyntit be his Majestie’s Commissione, the ’95th
year, and that according to the Act of February 1567, as they are
bound by their solemn oath and promise; and sieing the extraordinary
dearth wrges them with so great necessitie, that unless his Majestie
have a consideratione of their estate, they and their families will
be driven to extreame povertie and want.
[SIXTY-FIRST GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, halden at Perth,
the first of March 1597, where there conveint the Commissioners
from all Presbytries, according to his Majestie’s missive.
Sessio 1^a.
Exhortatione there was nane.
Anent the supplicatione given in be Mr Thomas Nicolsone, advocat,
bearing that in respect he was admittit clark to the Generall
Assemblie, in place of Mr James Richie, last clark thereof, be
seven of the Commissioners deput be the last Generall Assemblie,
to intraite and conclude upon the affaires of the Kirk, qwhilk
sould fall out and interveine before the next Generall Assemblie,
that, therefore, the Assemblie now conveint wald admitt the said Mr
Thomas to the said office, and corroborat his admissione with their
authoritie: The brethren conveint, all in ane voyce, creatit and
electit the said Mr Thomas _de novo_, and admittit him to be Clark
of the Kirk; with power to him to use and exerce the samen, and all
priviledge belonging thereto, also frielie as any clark might have
done at any tyme bygane.
Sess. 2^a. Martii 2^o.
Anent the commission direct from his Majestie to Sir John Cockburn
of Ormistoune, Knight, Justice-Clerk, and Edward Bruce, Commendator
of Kynloss, with all expeditione, to repare to the Commissioners
of the Presbytries of the Kirk presently assemblit within the Kirk
of Perth, and to inquyre of them if they be ane lawfull Generall
Assemblie of the Kirk, and hes sufficient power be themselves to
give answer, treat and conclude upon such things as are to be
proponit and intreatit in this present convention, according to his
Majestie’s warrand and missive, direct to them be his Hienes to
this effect, and to report their answer, in wreit, thereanent: The
brethren present, after lang reasonyng and conference had anent the
premisses, thinks that this their meeting is ane lawfull Generall
extraordinar Assemblie, be reason of his Majestie’s letter direct to
the presbytries and provincialls to that effect, and the presbytries’
and provincialls’ Commissioners given to meet in the town of Perth,
and therefore are willing to hear what his Majestie shall propone,
and to treat, conclude, and give answer thereanent, conform to the
commissiones with the qwhilks they are authorized be the Presbytries
and Synodalls.
Sessio 3^a. Martii 2^o.
The Commissioners deput be his Majestie, proponit certain heads and
articles to the brethren to be resolvit and concludit in the present
Assemblie, qwhereof the tenor follows:
Since the quietness of the Kirk, and the frieing of the same of
sclander, qwhilk, upon the contrare, effects wold necessarly follow,
as the chieff butt and end qwhereat his Majestie schoots in the
conveening and holding of this present Assemblie: Therefore, for
eschewing of fascheous and langsome disputatione, qwherupon divers
uncomlie controversies and debates might aryse, his Majestie hes
thought good to remitt the decisione of ane great number of the
pretendit questiones to ane better opportunitie, to be reasonit in
the meintyme be such as shall be authorized be commission to that
effect, and for the present shall content himself with the decision
of thir few articles following, having made change of nane but such
as necessitie of tyme could not permitt to be delayed without ane
great harme and sclander to follow.
1. That it be not thought uulawfull naither to the prince nor any
wther of the pastors any tyme hereafter, to move doubts, reasone
or crave reformatione in any poynts of the externall policie and
gubernament or discipline of the Kirk, that are not essentially
concernyng salvation, or is not answerit _affirmative vel negative_
by any expresse part of the Scripture; provyding that it be done
_decenter_, in right tyme and place, _animo edificandi non tentandi_.
2. That since the civill and politick government of the country
belongs alwayes alanerlie to the King’s office and his Counsellers,
and in no wayes pertinent to the spirituall ministrie of the word,
that no minister shall hereafter, at any tyme, meddle with the
matters of the Estate in the pulpit, or with any of his Majestie’s
statutes, lawes, or ordinances. But, if any of the ministrie shall
think any of them hurtfull to the religion, or contrair to the word,
they shall privatly complaine to the King thereupon, or his Counsell.
3. That it shall not be lawfull to the pastors to name any particular
man’s name in the pulpit, or to descryve him as may be equivalent
with their nameing, except upon the notorietie of a cryme; qwhilk
notorietie man only be defynit be the guiltie persones being fugitive
for the tyme, or being fyllit be ane assyse, or excommunicat for the
same.
4. That every minister, in his particular applicatione, shall have
only respect to the edificatione of his owne flock, and present
auditor, without expatiating upon wther discourses, no wayes
pertinent for that congregatione.
5. That every particular presbytrie shall be commandit to take
diligent accompt of their pastore’s doctrine, and that he keep him
within the bounds of the premisses.
6. That summar excommunicatione be all wtterlie abolisched, as inept,
and that three lawfull citationes at leist of aucht dayes intervall
betwixt every one of them preceed the sentence.
7. That no Session, Presbytrie, nor Synodall, wse their censures upon
any but upon them that are resident within the bounds committit to
them, wtherwayes their decreets and sentences to be null.
8. That all summonds contain ane speciall cause and cryme, and nane
_super inquirendo_ to be summond, _quod est mere tyrannicum_.
9. That no meeting nor conventione be among the pastores without his
Majestie’s knowledge and consent, excepting alwayes their ordinary
Sessiones, Presbytries, and Synods.
10. That in all the principall townes, ministers be not chosen
without the consent of their own flock and of his Majestie, and that
order to begin presently in the planting of Edinburgh.
11. That all matters concernyng the rest of his Majestie’s questiones
be suspendit unmedled with, either in pulpit or any wther judicators,
qwhill first all his Hienes questiones be fully decydit; And in
speciall all matters importing sclander, come not in before them in
the meantyme, qwharin his Majestie’s authoritie royall is highly
prejudgit, but only in causes merely ecclesiastick.
12. That seven or aught of discreet wyse ministers be authorizit be
commissione to reason upon the rest of the questions, as opportunity
of tyme shall serve.
13. That they give commissione to the ministrie of the north to be at
a poynt with Huntlie; and, in caice he satisfie them, to absolve him.
And for the better answering of the saids Articles, the Assemblie
ordaynit certaine brethren to be chosen out of every schyre
presentlie convenit, who should give their advyce and overture upon
the saids Articles proponit be his Majestie, and thereafter reporte
the same to the Assemblie:--they are, to say, Mrs John Monro,
Alexander Dowglass, Peter Blackburne, John Strauchane, Alexander
Buchanan, James Melvill, John Spottswood, Adame Colt, Thomas Storie,
Andrew Clayhills, John Knox, James Brysone, Patrick Scharpe, Gavin
Hamiltone, Alexander Scrymgeour, and David Barclay.
Sess. 5^a. Martii 4^o.
The brethren convenit being desyred be the King’s Commissioners
sent from his Majestie to repare to the place where his Heines
with the Estates were presently sittand, to conferre anent the
forsaids articles, they, at his Majestie’s desyre, resortit to the
Counsell-house, and there, before any farther reasoning, after his
Majestie had discoursed upon such things as should be proponit,
protestit in manner as after follows:
Sir,--Forsuameikle as we are come hither to testifie to your
Majestie our obedience, and to hear what shall be proponit to us be
your Heines, in all reverence we protest that this our meeting be
not esteemit as though we made ourselves and the Assemblie with the
Estates, or yet does submitt any matters ecclesiasticall, either
concerning doctrine or discipline, to this judicator; but after we
had conferrit and reasonit with your Majestie anent the articles
proponit to us, we most returne to the ordinarie place of our
Assemblie, there to reasone, vote, and resolve in all these poynts,
according to the word of God and ane good conscience; and this our
protestation we most humbly desyre may be admittit and insert in
your Majestie’s Books of Counsell, for eschewing of inconvenientes
that heirafter may ryse:
The qwhilk protestatione was ratified, reiterat and confirmed be
his Majestie; and after long reasoning upon the saids Articles, the
brethren were demittit.
Sessio 6^a. Martii 4^o.
Anent the Articles proponit be his Majestie to be resolvit and
answerit be the Generall Assemblie, the brethren, after long
conferrence and mature deliberation, concluds and answers to the
samen, in manner and forme as after follows:
1. First, That it is lawfull to his Majestie, be himself or his
Heines’ Commissioners, or to the pastors, to prepare in ane Generall
Assemblie, qwhatsoever poynt his Majestie or they desires to be
dissolved or to be reformed in matters of externall government,
alterable according to circumstances, provyding it be done in right
tyme and place, _animo edificandi, non tentandi_.
2. The Assembly ordaynes that no minister shall reprove his
Majestie’s lawes, statutes, acts, and ordinances, unto the tyme
that first he be advysit with his Presbytrie, Synodall, or Generall
Assemblies, complaine and seek remedie of the same from his Majestie,
and report his Majestie’s answer, before any further proceeding.
3. No man’s name should be expressit to his rebuke in pulpit, except
the fault be notorious and publick, qwhilk notorietie is defynit,
if the persone be fugitive, convict be ane assyse, excommunicat,
contumax after citation or lawfull admonitione; nor yet should any
man be descryvit openlie be any uther circumstances except publick
vyces alwayes damnable.
4. The brethren finds that no persone sould use applicatione qwherin
he hes not ane chief respect to the edifying of his awne flock and
present auditor.
5. The Assemblie ordaynes every Presbytrie to take diligent accompt
of the pastor’s doctrine, and that he keep himself within the bounds
of the word.
6. The Assemblie superceeds to answer to the 6th Article unto the
next Generall Assemblie; and, in the mean tyme, suspends all summar
excommunicatione qwhill the said Assemblie.