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_,