7. The 7th lykewayes is referrit to the next Assemblie.

8. Ordaynes all summonds to contain ane speciall cause and cryme, and

that nane be summoned _super inquirendis_.

9. No conventiones sould be amang the pastores without his Majestie’s

knawledge and consent, except alwayes Sessiones, Presbytries, and

Synods, their meetings in visitationes of kirks, admissione and

deprivatione of ministers, taking up of feuds, and such uthers as hes

not been found fault with be his Majestie.

10. In all principall towns, ministers should not be chosen without

the consent of their own flock and his Majestie.

11. All matters concerning his Majestie’s questiones remanent shall

be suspendit, nor damned or rebuikit either in pulpit or uthers

their judicators, qwhill first all his Hienes’ questiones be decydit

in the next Generall Assemblie, and in speciall matters importing

sclander, shall [not] come in before them in the meintyme, qwherein

his Majestie’s authoritie royall is highly prejudgit, excepting only

ecclesiasticall causes.

12. The Assembly hes appoynted and chosen certaine brethren with

commission to treat upon the saids questiones, and report their

advyce and opinione to the next Generall Assemblie, referring the

tyme and place of conveining to his Majestie. The brethren appoyntit,

to that effect, as followes: Mrs James Nicholson, Jone Caldcleuch,

Andrew Clayhills, David Lyndsay, Thomas Buchanan, James Melvill,

Robert Wilkie, William Couper, John Couper, Thomas Brysone, Robert

Rollock, Patrick Galloway, John Duncansone, and Robert Henrie.

13. The Assemblie gives commissione to the ministrie of the

Presbytries of Morray and Aberdeine to insist in conferrence with the

Earle of Huntlie; and, to that effect, appoynts Mrs Andrew Millne,

Andrew Leith, Andrew Lambe, George Gladstones, and John Ramsay, to

concurr and assist with them, and ordaynes them to report their

answers to the conditiones and articles given them in commissione for

tryall of the said estate.

Sess. 7^a. Martii 5^o.

The Articles for Triall of the Earle of Huntlie.

1. First, That the said Earle, from the day of his compeirance before

the saids Commissioners, shall make his constant and ordinarie

residence in Aberdeene, that he may be instructit be hearing the

word, and ordinarie conferrence indureing the tyme appoyntit for the

same.

2. That he be well informit with knawledge, to condescend in the

principall grounds of religion affirmative, and the untruth of errors

contrair to the same, and that he be able to give a reasone of his

knawledge in some measure.

3. That he be brought to ane plaine acknawledgeing of the Kirk within

this countrie, and profess himself adjoynit to the same, as ane

obedient member thereof, and be content to hear the word, participat

the sacraments, and obey the discipline of the Kirk, as the samen is

presently allowit be the King’s Majestie and the Estates.

4. That he solemnly promise, be word and written band, to remove out

of his house, company, and haill bounds under his power, Jesuits,

Priests, and excommunicate persones.

5. That he agrie to swear and subscryve the Confession of Faith in

presence of the haill Commissioners.

6. That he agrie to satisfie in the kirk of Aberdeene, in most humble

manner, for his apostacie, and there renew the forsaids promises and

bands in most solemne manner.

7. Anent the slaughter of the Earle of Murray, that he declare

his griefe and repentance for the same, and promise to make ane

assythment to the partie, when the samen may conveniently be acceptit

off, and utter his forsaid repentance and grieff therein, at the tyme

of his publick satisfactione.

8. Forsuameikle as be occasion of service done to his Majestie in

persewing the said Earle, be force and utherwayes, syndrie in these

pairtes hes incurrit his displeasure and deidly feud, that he be

content to remove all these occasiones with such convenient diligence

as the saids Commissioners shall think expedient.

9. For declaratione of his aifald adjoyning with us, that he be

content at their sichts, and advyce of his best disposed friends, to

provyde sufficient stipends for his kirks.

10. That he shall acknowledge his faults qwhereof he was justly

excommunicat, and especiallie the burning of Dunybirsle, and his

apostacie.

11. That he shall have ane ordinare minister resident in his awne

house continuallie; with power to them to conveen the 22d day of

March instant, or sooner if they can possiblie, and to conferre with

the Earle of Huntlie, and resolve him of the Articles forsaids, and

to report his minde and resolution thereanent at the next Generall

Assemblie, to be halden at Dundee the tenth day of May nixt to come.

Anent the supplicatione given in be Dame Elizabeth Oliphant, Countess

of Angus, making mentione, That where diverse and frequent sutes

hes been made to herself and the remanent friends of William,

sometyme Earle of Angus, desyrand conferrence with certaine of the

ministrie, for his farther resolutione in the heads of Christian

Religion, qwhilk hes not tane such good effect as was lookit for, be

reason of certain impediments qwhilk hes fallen out in the meantyme;

requesting, therefore, most earnestlie to appoynt certaine of the

wysest brethrene where he makes his residence to conferre and

resolve him of the doubts that stayes from imbracing and professing

of the trew and Christian Religion publickly professit within this

realme: The Assemblie ordaynis the ministrie of Angus and Meirnes

to conferr with the Earle of Angus anent such doubts as he wald be

resolvit upon, and speciallie to conferre with him anent the Articles

preceeding, qwhereupon the Earle of Huntlie is ordaynit to be tryit,

exceptand only such as concerns the Earle of Morraye’s slauchter,

and to report his resolutione in the premisses to the next Generall

Assemblie.

Anent the offers given in be Francis, sometyme Earle of Arroll,

to the Generall Assemblie presently conveint at Perth, beirand as

follows:

First, I offer to abide any just tryall of the alleadged traffiqueing

against the Religione presently professt within this country,

indureing my absence off the countrie, and make all sufficient

purgatione to your Wisdomes for the same. Farther, I offer all

possible securitie and caution, in all tymes comeing, never to

traffique against the said religione, and that neither the said

religione nor discipline thereof shall any wayes be hinderit be me,

but have the ordinare course in my bounds, as in uther parts of the

countrie, and to declare my willingness to be resolvit in the said

religione, I am content to accept conferrence therein, and requires

the same at your Wisdomes, who hes power, that ye will appoynt ane

or mae of your number indifferently, as they shall be requyrit of

me in the pairts qwhere I presently dwell, and have the leasure or

occasione to resort where I shall happen to be, to conferre with me

upon the haill controvertit heads, that I may have instructione; and

if I shall be thereby movit, that the haill number of that Synod

where my residence is, will take the paines to convince and meet me

at some competent place, to hear and testifie of me; indureing the

qwhilk tyme of conferrence, I shall no wayes respect any Jesuite,

Seminarie Priest, or excommunicat persone. And if it shall happen

that I be resolvit in the heads of controversie, shall unfainedly

from my heart imbrace the said religion, and make publick confession

thereof in tyme coming, and shall make satisfaction for my defection

from the same, as shall be injoynit: Lastly, desyres to be absolvit,

or at least suspendit, from the sentence of excommunicatione

indureing the tyme of conferrence, so that nane of my friends that

resorts to me, and may be stedable to me be their counsell, either in

the said conferrence or uther my leisum affaires, be troublit be your

censure therefore, but may have your licence to have accesse to me,

and I to them, in qwhatsomever part of the countrie I shall resorte,

lykeas I have obtained his Majestie’s licence and charge to your

Wisdoms to give me conferrence, qwhilk it may please yow receive, and

do accordingly as ye wold give me argument of your good intention

toward my conversione, qwhereof I doubt not, and for performing of

the premisses shall finde cautione and seuertie.

The Assemblie ordaynes the ministrie of Morray and Aberdeene, with

the fyve ministers adjoynit unto them, for conferring with the

Earle of Huntlie, to trait lykewayes with the Earle of Erroll anent

the premisses, and to report unto the nixt Generall Assemblie what

resolutione they finde in him concerning the Articles conteined

in their Commissione direct for the tryell of the Earle of

Huntlie--exceptand alwayes such articles as concerns the slauchter

of the Earle of Morray. Farther, the Assemblie ordaynes these

Commissiones granted for conferrence with the saids Earles of Angus,

Huntlie, and Arroll, to be extended to the Lairds of Newtoune and

Bonnytoune, in caice they offer themselves to satisfy the Kirk.

Attour, if it shall happen the said excommunicat persones, or any of

them, to resorte or repare to any uther part within the realme, the

Generall Assemblie gives full power and commissione to the ministrie

of the Presbytries where they shall chance to resorte, to treat and

conferre with them anent the heads and articles above written.

Anent the supplication given in be Mr John Rutherfurde, desyreing

the process of his deprivation led be the Presbytrie of St Andrews

to be produced, seen, and considerit be the Assemblie, the Assemblie

ordaynes the Presbytrie of St Andrews to produce the said proces at

the next Generall Assemblie, and there to answer to the said Mr John

his complaint given in against them.

Certaine Petitiones given in be the Ministrie presently conveint

to the King’s Majestie.

1. It is humbly cravit be this present Assembly, that your Majestie,

with advyce of the Estates presently conveint, considering how it hes

pleased God to giue ane good successe to this present Conventione,

and that all things concludit herein tends to the peace and quietness

of the haill Estate of this countrie, and the disappoynting the

expectation of the adversaries, will, with advyce forsaid, publish

be open proclamation the good success of this present Conventione,

together with ane declaratione of your Majestie’s intentione, utterit

be yourselfe at this tyme in presence of your Estates, declaring

your good will to maintaine the trew religione presently professit

within your countrie, with the discipline adjoinit thereunto, and

the ministers to whom the charge of the same is committit; and to

declare that your Majestie’s will is, that qwhatsoever lawes, act,

or proclamatione hes been made, prejudiciall to the same, shall be

esteemit contrair to your Majestie’s mining, and to have no force

nor effect in no tyme hereafter, and that nane of your subjects

pretend be any cullour thereof to molest or trouble any of the saids

ministers, but that they be under your Majestie’s protection, and

that ye will esteem the contraveiners, troublers of your Majestie’s

estate, and punish them accordingly.

2. That all Papists, Jesuites, and Excommunicats remaining within

this countrie, be chargit to passe off the same betwixt this and

the first of May nixt to come, or else to satisfie the Kirk; and if

they doe not the same before the day appoynted, that Sheriffs in

shyres, Provests and Baillies in townes, be commandit to apprehend

and present them before his Majestie and Councill, to be punischit

according to the law; and if they be negligent in apprehending them,

that commissione be given to certaine most zealous and willing

persones to doe the same.

3. That it may please your Majestie, according to your accustomed

clemency, to relax presently the ministers of Edinburgh from the

horne, and suffer them peaceablie to returne and remain within this

realme; as also to relieve and sett at freedome sic gentlemen and

professors of religione as now are under challenge, seeing your

Majestie knawes that the love of religione moved them to these things

qwherwith they now are burthened.

4. That sieing that Edinburgh hes that honour to be the chief burgh

of this countrie, and now are both destitute of their own ministers,

and sicklyke callit from tyme to tyme before your Majestie, qwhilk

is no small grief to their hearts, in respect your Majestie knawes

that the greatest pairt of the haill towne are most willing to giue

your Majestie all obedience, and to hazard lyfe and substance for

your Majestie’s standing, that it may please your Majestie favourably

to deall with them according to your accustomed gentleness, that

it may appeare your Majestie is more inclynit to shaw favour unto

men that meanes uprightlie to your hienes nor to papists, We are

moveit to crave the same, that all your subjects may see a generall

agriement--That it may please your Majestie, sieing Mr David Black

hes obeyit such things as was injoynit unto him, to give him libertie

to returne to his flock, and sicklyke to Mr John Welsche and to Mr

John Howisone.

Because diverse complaynts of hurting and mutilating of ministers are

given in before us, namely--

We most humbly crave that your Majestie wald take some substantiall

order for punisching the offenders in example of all wthers hereafter.

That provisione be made for planting of kirks, and that the

augmentationes and planting of new kirks, made in anno 1595, be

allowit.

Followes his Majestie’s Answers to the saids Articles.

The first is granted in substance. The 2d is also granted. As to

the 3d, concerning the ministers of Edinburgh, they are ordayned to

be relaxed upon cautione to be found be them to the Justice Clark,

that they shall underly the law. As to the gentlemen for whom the

Assemblie makes request, his Majestie thinks good that they, be the

mediation of their friends, be suiters for themselves. As to the 4.

touching the Towne of Edinburgh, his Majestie will nowayes trouble

innocent men, but such only as are guiltie, and mindes schortlie to

be at a poynt with them. Touching the invasion of the ministers, ane

commissione is ordaynit to be directit for calling and punisching

the offenders. Concerning the last article, his Majestie ordaynes

the thesaurer, Mr James Elphingstone, the Clerk Register, Mr John

Prestone and Mr Edward Bruce, to take order, alsewell for the

planting of kirks as with the augmentationes qwhilks were grantit

anno 1595.

[SIXTY-SECOND GENERAL ASSEMBLY.]

The Generall Assemblie, halden at Dundie the 10 day of May 1597,

in the Little Kirk.

Sessio 1^{ma}.

Exhortatione being made be Mr Robert Pont, last Moderator, the

brethren appoyntit on leets Mrs Nicol Dalgleische, James Melvill,

Patrick Simpsone, Patrick Sharpe, Thomas Buchanan, John Porterfield,

Robert Rollock, James Balfoure, David Fargusone, and David Lyndsay:

be plurality of votes Mr Robert Rollock was electit Moderator _hac

vice_.

Sessio 2^a.

Mr Thomas Nicolsone and John Williamsone, wryter, put in liets

for the clarkship, being vaickand be deceise of Mr James Richie;

be pluralitie of votes, Mr Thomas Nicolsone, advocat, wes chosen,

sworne, and admittit.

Sessio 3^a.

Alse it was ordaynit, that all the acts of the Assemblie should be

formed be discreit and wyse brethren, and to be read in audience

of the haill Assemblie before the dissolving of the samen, and

thereafter to be inbookit and registrat.

Sessio 4^a.

Anent the supplication given in be the Lairds of Wachtoune and

Glennagys, desyrand ane command to be given to Mr William Morray,

minister at Dysart, to sett in tack and assedatione to them or their

tennents the teynds of their awne lands, lyand within the parochine

of Dysart, or else for eschewing of farther danger, to reteine the

saids teynds in his awn hand; The Assemblie ordaynes the said Mr

William to reteine the saids teinds in his awne hand, discharging

of setting the same to any persone whatsumever, under the paines

contained in the acts of the Generall Assemblie.

Anent the supplicatione given in be the Presbytrie of Dunbartone,

desyrand, in respect of the fewness of their number, that certaine

of the Presbytrie of Paslay might be adjoynit unto them, to the

effect they might be the more able to travaill upon the commone

affaires, pertaning to the glory of God and weill of the Kirk; The

Assemblie ordaynes a commissione to be direct for visitatione of

the haill Presbytries within the bounds of Clidsdale, Ranfrew, and

Lennox, with power to them to consider how many Presbytries shall be

necessar within the saids bounds, and to sett downe a solide order

thereanent.

Anent the complaint given in be the Presbytrie of Brechine against

Mr Dougald Campbell, minister of Fernwell, for his obstinacie in

refuseing to pronounce the sentence of excommunicatione against

Patrick Butter at command of the said Presbytrie, he being Moderator

thereof for the tyme, for the qwhilk they had suspendit him from

preaching the word untill this present Assemblie: The Generall

Assemblie ratifies and allowes the said suspensione.

Sessio 6. May 14.

The brethren of the Presbytries of Morray, Aberdeene, and Mearns,

with the uther brethren joynit with them in commissione conjunctly,

_respective_ appoyntit be the last Generall Assemblie halden at

Perth for tryall of the obedience of the Earles of Angus, Huntly,

and Erroll, to the particular injunctiones sett downe be the said

Assemblie, and injoynit to them for declaration of their repentance,

being desyrit be the Generall Assemblie to report what resolutione

they fand in the saids Lords touching such articles and conditiones

as were sett downe in the said commissione, they being present

before; The haill Assemblie testified and declared, that they fand

them obedient and willing to satisfie in all humble manner, and

persevering and continowing in their earnest sute for reconciliation

with the Kirk; and as concerning the saids articles and conditiones,

qwherupon the saids commissioners were ordaynit to have tryit and

resolvit them, the saids commissioners, every ane of them for their

awn pairts respective, producit the saids articles and conditiones,

with full answers to every ane of them particularlie subsequent made

be the saids Lords, offering to acquiesce to the saids conditiones,

and to fulfill the same; and for mair declaratione of their consents,

the saids articles and answers therto particularly following every

ane of them were subscryvit severally be the saids Lords, in signe

and token of their imbracing thereof--as followis:

Huntlie his Answers to the Articles.

1. The first is obeyit; for he compierit at Aberdeen the 22 of

March appoyntit to him, and there abode awayting on doctrine and

conferrence untill the commissioners were satisfied with his

resolutione, and so the conferrence endit.

2. The brethren appoyntit to deall with him brought him, after long

conferrence, to confess the verity of the haill grounds of religion

_affirmative_, resolvit his doubts be the word of God, and movit him

with knawledge to refuse and detest all heads of Papistrie contrair

to the same.

3. He acknowledges the Reformit Kirk of Scotland to be the trew Kirk:

he is ready to joyne himself efaldly therto, acknowledging himself

ane member thereof, submitting himself to the same; will hear the

word of God, and obey the same be the grace of God; participat the

sacraments, and obey the haill discipline of the Kirk, as it is

allowit be the King’s Majestie and Estates.

4. He is readie to swear and subscryve the Confessione of the Faith

in presence of the haill commissioners so soon as they shall come

back, with power to pronounce his absolutione.

5. In significatione of his obedience to this article, he hes

declarit to the haill commissioners, that sen he enterit in dealing

with the Kirk he never intercommunit be word nor wryte with any

Jesuite, Priest, or excommunicat Papists, except so many as are

under conferrence with the Kirk, and is content to abyde thereat in

all tymes comeing: sicklyke he is content to giue his written band

that he shall banishe out of his company and bounds all Jesuites

and Seminarie Priests, and shall expell therefrom all excommunicat

Papists, except such as shall have licence from the Kirk and

King’s Majestie; and, finally, that nane shall haue receipt be his

knowledge, in the places of his commandment, that are profest enemies

to the religione.

6. He is content, now or hereafter, to satisfie for his apostacie, in

the place appoyntit, at the discretion of the saids commissioners,

and then to ratifie the foresaid promise.

7. He declares his unfeigned grief for the slauchter of the Earle

of Morray, and will satisfie the partie at the sight of the King’s

Majestie, the Kirk, or of godly and indifferent friends will make

offers to that effect; lykeas he hath given ane blank to his Majestie

to be filled up with particular assythments, and that after his

absolutione.

8. He promises, now or hereafter, to crave of God mercy for the said

slauchter, when, where, or how the Kirk’s commissioners shall appoynt.

9. At the desyre of the saids commissioners, he presently remitts all

rancour and malice conceaved be him for any occasione or died offerit

to him be the countrie men in the King’s service, and promitts upon

his fidelitie, never to quarrell any for the same that are within

their bounds, and speciallie nane of the ministrie either north or

south.

10. He agrees that at the sight of the ministers Mrs David

Cunninghame, Alexander Dowglass, George Gladstanes, and of his

friends Pitlurge, Cluny, shall sett doune ane order for provisione of

his kirks, and qwhilk he promises to execute immediatlie after his

absolutione.

11. Be the advyce of the saids commissioners, he promitts to take ane

minister, and to intertain him in his awne house.

12. He confesses that be his publick offences he gave sufficient

matter to the Kirk to have deducit the sentence of excommunication

against him.--_Sic subscribitur_,

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