ANGUS.

The qwhilk report made be the saids Commissioners, in discharging

of their forsaid commissione, the Generall Assembly, presently

conveint, ratifies and allowes, as agreeable and answerable to the

ordinance of the last Assembly, halden at Perth, in all poynts; and

therefore ordayns the saids Commissioners, respective, to proceed

farther with the saids Earles in the said matter, and to receive ane

full satisfactione of such things as are promised be them, in the

saids conditiones, and to crave the present accomplishment thereof,

so far as possible can be done; They are to say, that as they, in

their answer, hes allowit and subscryvit, so that they presently

shall confesse the verity of the haill grounds of our religione,

affirmative, and with some measure of knawledge, refuse and detest

all heads of Papistrie, contrarie to the same: That they acknowledge

the Reformit Kirk of Scotland to be the trew Kirk;--That they

efaldlie joyne themselves, and acknowledge them, members thereof,

submitting them to the same, and shall be ready at all occasiones to

hear the word, and obey the same, participat the sacraments, and obey

the haill discipline of the Kirk, as is allowed be his Majestie and

Estates.

That before their absolutione, they swear solemnly and subscryve the

Confession of the Faith, in presence of the haill Commissioners;

that, as they have testified by their wreite, even so be their band

they promise to remove out of their company, in all tyme coming,

all Jesuites, Priests, excommunicat Papists, but such as shall be

licentiat be the Kirk; That the tyme of their absolutione, they

satisfie in most humble manner in the kirks of Aberdeen and for their

former apostacie, and there ratifie their former promises in most

solemne manner; That the Earle of Huntlie, before his absolutione,

ask God mercy for the Earle of Moray’s slauchter, and declare his

penitencie for the same; and because their lordships hes promised

upon their fidelitie, never to quarrell any gentlemen of the

countrie, that hes persewit or wtherwayes troublit them, and thereby

incurrit their wrath in his Majestie’s service, and at his Heines’

command, Therefore, to the effect the fruits thereof may evidently

appear, that their lordships promise faithfully, lykeas their sonnes

hes obtained, or at the least are to obtaine of his Majestie, of

free grace and meer donatione, the gift of their forfaultries, even

so, the gentlemen of the countrie that are vassalls to them, and

hes incurrit the lyke sentence of forfaultor, and perrillit their

lands, not through their owne evill demerite, but be reasone they

were vassals unto them, may receave and obtaine of their lordships,

the lyke grace as is imparted unto them be their Sovereigne; and as

his Majestie grantit a benefit unto them, who had offendit, even

so, their lordships’ vassalls be not troublit for any compositione

of their lands, qwhilk, not be their fault, but their lordships’

faillzie, were endangerit and holden in non-entrie, and that their

lordships renew the promise of remitting all rancour and malice

of heart against the said gentlemen: And as to the provision of

kirks qwhilks pertaynes to ilk ane of the saids Earles respective,

that the advyce of their best affectionat friends and the saids

Commissioners sett downe ane solide order, how the ministrie may

be plantit, and honestly susteinit at the same, qwhilk they shall

ratifie and approve, and put in executione immediately after their

absolutione: That be the advyce of the Commissioners, they make

choyse of ane minister qwha shall be intertaint in their house for

instructing of the same: That they renew the confessione of their

sinnes, acknowledging that they were justly excommunicat for the

same. And to the effect all sclander may be removit from the Earle

of Huntly, and speciallie the qwhilk did ryse upon the slauchter of

Mr William Mure, qwhilk was committit dureing his Lordship remaining

in Aberdeen, that his Lordship provide some remeid that the poor

woman, mother to the said Mr William, may be satisfyed, and such

assythment made, alseweell for him as her husband’s slauchter, as

the Commissioners shall think expedient, with power to the saids

Commissioners, after the accomplishment of the premisses, to absolve

the saids Earles from the said sentence of excommunicatione, and

receave them againe in the bosome of the Kirk.

Sess. 7. May 14.

Anent the Articles given in be his Majestie in the last Assembly

halden at Perth, the decision and answering qwhereof was referrit

to the said Assemblie, to be reasonit and intreatit be certaine

Commissioners, and thereafter concludit in this present Assembly, and

anent the declaration of certaine acts made in the said Assemblie

halden at Perth, for satisfaction of such as were not present at that

tyme, nor acquainted therewith: The said Articles and questions being

reasonit and votit in face of the haill Assemblie, his Majestie being

present for the tyme, these declarationes and conclusiones efter

following were sett downe and concludit be the said Assemblie.

Notes in forme of Declaratione of certaine of the Acts made in

the Generall Assemblie halden at Perth in February last bypast,

for explaining of his Majestie’s and the Assemblie’s meaning,

for the satisfaction of such as were not acquainted therewith,

Qwhilk are ordainit to be registrat in the Acts of this present

Assemblie.

First, Anent the lawfullness of the said Assemblie halden at Perth:

It is declareit be this present Assemblie, that ane of the reasons

moving the brethren to acknawledge the lawfullness of the said

Assemblie was found to have been, that the Commissioners of the Kirk

accordit with his Majestie thereanent, as is expressly set downe in

his Majestie’s letter.

_Item_, The reasone moving the Assemblie to grant the mair willinglie

to the two Articles concerning the reproving of his Majestie’s

laws, was this; his Majestie’s earnest and constant affectione to

the religion and obedience to the word was evidently knawne to the

haill Assemblie, and that it was his Majestie’s declaratione, will,

and intentione, allwayes to frame his lawes and whole government

according to the same, for the qwhilk causes the said Assemblie

agreed to the said Article.

Anent the Article ordayning that no man’s name be expressit in

pulpit, except in notorious crymes, &c., the poynt of notorietie is

farther defynit, if the cryme be so manifest and knawne to the world

that _nulla tergiversatione celari possit_.

Anent the Article ordayning that no conventions of pastors be,

without his Majestie’s knawledge and consent: His Majestie’s consent

is declarit to be extendit to all and qwhatsumever forme either of

Generall Assemblie or speciall Synodall, permittit and authorised be

his Heines’ lawes, according as they have warrant in the word of God,

as being the most authentic forme of consent that any king can give.

Anent the Article concernyng provisione of pastores to burroughs: It

is declareit that the reasone thereof was and is, that his Majestie

was content, and promised, that qwhere the Generall Assemblie finds

it necessar to place any persone or persones in any of the saids

townes, his Majestie and the flock shall either give their consent

thereto, or else a sufficient reasone of the refusall, to be proponit

either to the haill Assembly, or to a competent number of the

Commissioners thereof, as his Majestie shall think expedient.

Answers to the rest of his Majestie’s Questiones, according as

they were proponit of his Heines and Commissioners in the

present Assemblie.

First, Anent the propositione movit be his Majestie to the Assemblie,

craving that before the conclusione of any weightie matters, his

Majestie’s advyce and approbatione [be] cravit therto, that the same

being approvit be his Majestic, may have the better executione,

and, if neid beis, be authorized be his Heines’ lawes: The Assemblie

craves most humbly, that his Majestie, either be himselfe or his

Heines’ Commissioners, in matters concernyng his Majestie’s estate,

or the haill estate of his subjects, and uthers of great weight and

importance, that hes not been treatit of before, wold give his advyce

and approbatione therto, before any finall conclusione of the same;

and, for the better obedience to be given to such lyke statutes in

tyme comeing, that his Majestie wold ratifie the same, either be act

of his Heines’ Parliament or Secret Counsell, as shall be thought

needfull: the qwhilk his Majestie promised to doe, according to his

Heines’ propositione, qwhilk was acceptit and allowit of the haill

Assemblie.

The Assembly ordaynes that there be ane uniformitie in the

ordinatione of the ministrie throughout the haill countrey, be

impositione of hands, and that they be admitted to certaine flocks,

upon the qwhilk they shall be astrictit to attend, according to the

Acts of the Assemblies made of before, and ordayns that nane that

are not admittit to the ministrie be promovit to teach in publick

and great rowmes, except upon very urgent necessitie, in defect of

actuall ministers, they be ordained to supply such wants be the

Presbytries, Generall or Provinciall Assemblies, qwho shall take

diligent order that they keep themselves within the bounds of their

gift, and speciallie in applicatione.

That no pastores exercise any jurisdictione, either in making

of constitutiones or leading of proces, without the advyce and

concurrence of Sessions, Presbytrie, Provinciall or Generall

Assemblie.

That all Sessiones be electit with consent of their awne

congregationes: that all Sessiones, Presbytries, and Provincialls,

use such forme in all their proces as may be found lawfull, formall,

and able to abyde tryall, the qwhilks shall be registrat in matters

of importance; and, to that effect, ordaynes the proceedings of

private Sessiones to be sichtit at Presbytries, and the proceedings

of Presbytries at Provinciall Assemblies, and Provinciall Assemblies

at the Generall Assemblies.

The Assemblie ordaynes, that in the exercises, qwhen the ministrie

are convenit at their Presbytries, no applicatione be used.

That in the determinatione of matters of importance, qwhere the votes

shall be only different upon two or three, that nothing be concludit

therein till better resolutione; and that, in such difference, he

that sustaines the negative, with his vote shall give _rationem

negandi_.

The Assemblie ordaynes the Presbytries to medle with nothing in their

judicator qwhilk shall not be found, butt controversie, proper to the

ecclesiasticall judgement, and that herein ane uniformity be keepit

throughout the haill countrie.

That all processes and acts be extractit to parties having interest,

qwher is a written process.

The Assemblie superceids to answer the article touching summar

excommunication qwhill the next Generall Assemblie, and in the

meantyme suspends all summar excommunicatione; allwayes, in great

crymes, the Assemblie ordaynes ane publick intimatione of the same to

be made, and the committer thereof to be suspendit _a sacris_, and

prohibite _privato convictu_.

If any Presbytrie shall be desyrit be his Majestie’s missive to stay

the proceeding of any thing prejudiciall to the civill jurisdictione

or private men’s rights, It is ordaynit that the said Presbytrie

shall desist in the said matter, untill they send to his Majestie for

his satisfaction thereanent.

Sessio 8. May 16.

Because syndrie sclanders aryses through the disorder of Readers be

baptizing of bairnes gotten in adulterie and fornicatione before

satisfactione made be the offendars, and celebrating of unlawfull

marriages; the Assemblie statutes and ordaynes that no Reider

minister the Sacrament of Baptisme in any way, in all tyme coming,

and that they presume not to celebrate the bands of marriage without

speciall command of the minister of the kirk; and in caice there

be no minister thereat, of the Presbytrie, had to that effect; and

ordaynes every Presbytrie to cause this act to be intimat at every

paroche kirk, that nane pretend ignorance heirof in tyme coming.

Sessio 9. May 16.

The qwhilk day, in presence of the haill Assemblie, the King’s

Majestie being personallie present, declareit, that sieing, through

the schortness of tyme, their [are] sundrie matters of weight and

importance, not only concerning particular flocks, but qwhilk did

in speciall touch the haill Estate and bodie of the Kirk, qwhilk

could not commodiouslie be intreated in this present Assemblie--as,

namely, touching both the planting of particular congregationes

and of the haill kirks within this realme, qwhilk is yet, through

default of honest intertainment, remaines unplanted and destitute

of the comfort of the word; and anent ane solid order to be taken

anent a constant and perpetuall provisione for the sustentatione

of the haill ministrie within this realme, to the end they be

not, as in tyme bygone, to depend and wait upon the commissioners

appoyntit for modifying of their stipends, and so be forcit to absent

themselves the maist part of the year from their flock, to the great

disgrace of their calling, disharting of their congregatione, and

discontentment of his Majestie, whois care ever hes been, and earnest

desyre continows as yet, that every congregatione have ane speciall

pastor honestly susteinit, for the better awayting in his cure and

dischargeing of his dewtifull office in the same; and therefore his

Majestie desyrit the brethren to consider qwhither it were expedient

that ane generall commissione sould be grantit to certaine of the

most wyse and discreet of the brethren, to conveine with his Majestie

for effectuating of the premisses: The qwhilk his Majestie’s advyce,

the Assemblie thinks very necessar and expedient; and therefore

hes given and grantit, lykeas be the tenor heirof, they give their

full power and commission to the brethren underwritten, viz. Mrs

Alex^r. Dowglas, James Nicolsone, George Gladstone, Thomas Buchanan,

Robert Pont, Robert Rollock, David Lyndsay, Patrick Galloway, John

Duncanson, Patrick Scharpe, John Porterfield, James Melvill, William

Couper, and John Clappertoune, or any seven of them, to convein

with his Majestie, betwixt the day of thir presents and the last

of May instant, with power to them to take solide order anent the

provisione of the ministrie to the townes of Edinburgh and Dundie and

St Androis, his Majestie’s and the Prince’s houses, to give their

advyce and judgement to his Majestie anent the planting of every

particular kirk within this realme, to make such overture as they

can best devyse touching the constant platt, and generally to give

their advyce to his Majestie in all affaires concernyng the wiell of

the Kirk, and intertainment of peace and obedience to his Majestie

within this realme; with express power and command to the saids

commissioners to propone to his Majestie the petitiones and grieves

of the Kirk in generall, as of every member thereof in particular, as

shall be meint unto them, _promitten de rata_.

Anent the supplicatione given in be Mr John Rutherfurd, makand

mention, that qwhere in the Generall Assemblie halden last at Perth,

he gave in ane supplicatione, qwherein he desyrit the proces of

deprivatione led and deducit against him be the Presbytrie of St

Androis, to be producit before the said Assemblie, to the effect

the samen may be tryit, and the proceidings thairof be examinit be

them, qwhilk was referrit at that tyme to this present Assemblie,

ordayning the Presbytrie of St Androis to produce the said proces

before this present Assemblie, and to answer to the complaynt given

in be the said complainer, desyreing therefore the brethren of the

Presbytrie of St Androis to be callit for productione of the said

proces, to the effect the samen might be seen and considerit be this

present Assemblie, according to the ordinance made at Perth, as said

is: The Generall Assemblie, in respect of schortness of tyme, remitts

the said complainer and his supplicatione to the commissioners

appoyntit to convein with his Majestie at Edinburgh, and ordaynes the

Presbytrie of St Androis to produce the said proces before the saids

commissioners, and the answer to the said complainer’s supplicatione

in all poynts,--with power to the saids commissioners, or any seven

of them, to take full tryall, cognitione, and finally to conclude in

the said matter, _promitten de rata_.

Sess. ultima. May 27.

Anent the supplicatione given in be James Wood, appeirand of

Bonnytoune, makand mention, that according to the direction of

the last Assemblie halden at Perth, he had attended upon the

commissioners appoynted be the said Assemblie, and had agried be

their conferrence in many heids of religion with them, desyrand

therefore, as he is willing to persevere in conferrence with the

saids commissioners to his finall resolutione, that a commissione

may be granted to the brethren appoyntit to deall with the Earles

of Huntlie and Erroll, to continow in conferrence with the said

commissioners; and in caice they find him resolvit, to absolve him

from the sentence of excommunicatione, and receive him againe in the

bosome of the Kirk: as also that the commissioners of Angus appoynted

for the said purpose, may have ane speciall command to intreat with

the said complainer’s father for appeaseing his wrath towards him, in

respect he is content to submitt himself most willingly to his said

father, or to the Kirk, for satisfaction of any eyelistis that he or

they hes found in him in times bypast: The Assemblie gives full power

and commission to the brethren for receaving the Earles of Huntlie

and Erroll, to enter in a farther conferrence and tryall with James

Wood, appearand of Bonytoune; and in caice of full satisfactione to

be made be him to the saids commissioners in such heads and articles

qwherin he hes not as yet satisfyit, the Assemblie gives unto them,

power to lowse him from the sentence of excommunicatione, and receave

him again in the bosome of the Kirk. Attoure, the Assemblie ordaynes

Mrs George Gladstanes, Androw Myllne, Andrew Leitche, John Ramsay,

and Androw Lambe, to deall with the Laird of Bonytoune, and travell

in the reconciliatione desyrit and satisfactione offerit be the said

complainer his sonne.

Anent the supplicatione given in be Mr William Morray, minister at

Dysart, makand mention, that qwher he hes livit upon the dewtie of

the tack of the personage thir diverse years bygane, being only

three hundreth merks, and sustaineth great charges thereupon; and

now sieing the saids tacks are outrun, and as he is informit divers

supplicationes are given be the gentlemen of the said parochine,

craving the said complainer to be astricted to sett them tacks of

their awne teynds respective, desyrand therefore not to astrict the

said complainer to any particular persones, but to give him power

to sett tacks to such as shall do most commodiously for the weell

of the Kirk: The Assemblie gives power to the said complainer to

sett in tack the teinds of the personage of Dysart, except of the

lands pertayning to the Lairds of Glenegyes and Wauchtoune, qwhilk

are reservit be ane wther act of this present Assemblie, with advyce

and consent of the Presbytrie of Kirkaldie and the brethren after

following, viz. Mrs Thomas Buchanan, William Cranstoune, James

Melvill, Robert Wilkie, David Fargusone, and John Fairfoull, unto the

qwhilk the Assemblie remitts the supplicationes of such as craves

tacks of the teinds of the said personage.

Anent the Earle of Crawfurd’s request, desyrand licence to a persone

of Inneraritie to sett a tack of the teinds thereof, in caice it

be found be the civill Judge that he hes best right thereto: The

Generall Assemblie gives power to the Commissioners appoyntit in

Edinburgh to conveine with his Majestie, to give power to the persone

that shall be presentit to sett tacks of the teinds contravertit to

either my Lord Crawford or the Laird of Powrie Fotheringhame, that

shall be found be the civill magistrate to have best right to the

same.

Thanks being given to God, the brethren ordaynes the next Assemblie

to be halden at Striviling the first Twysday of May, in the year of

God 1598.

[SIXTY-THIRD GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, halden at Dundie

the 7th of Marche 1598--In the qwhilk were convenit the King’s

Majestie and Commissioners from all Schyres and Townes of the

Countrey.

Sessio 1^{ma}. March 7. Post Meridiem.

Exhortatione being made be Mr Robert Rollock, Moderator at the last

Assembly, there was appointed upon the leets, Mrs Patrick Simpsone,

David Fargusone, Peter Blackburne, James Robertsone, and Alex^r.

Wilkie; and, be pluralitie of votes, Mr Peter was electit Moderator

_hac vice_.

Sessio 2^a. Martii 8. Ante Meridiem.

Anent the Commissione given to certaine brethren of the North,

for absolving of the Earles of Huntlie, Angus, and Erroll, from

the sentence of excommunicatione, the Assemblie ordaynes Mr Peter

Blackburne, in name of the rest, to give in in write, the haill forme

of their absolutione, satisfaction, and the Articles injoynit to them

in the last Assembly, to the effect the same may be registrat in the

Books of the Assemblie.

Sessio 3^a. 8 Martii. Post Meridiem.

Because there is no compt tane of the Acts of every provinciall

Assembly; therefore it is statute and ordaynit, that, in all tyme

comeing, every provinciall Assembly within this realme send the acts

of their Synod made sin the Generall Assemblie immediately preceding

with their Commissioners, direct be them to the nixt Generall

Assemblie, to the effect the brethren of the Generall Assemblie may

take tryall and cognitione, that the proceedings of every particular

Synod be done _decenter et ordine_, and to allow or disallow of

them as they shall think meet, and this order to begine at the nixt

Generall Assemblie. _Item_, Because it was meint be some of the

brethren, and found fault with, that such as uses to be appoynted

Commissioners from the Synodalls to the Generall Assemblie, butt

any reasonable causes, refuse to obey and accept their commission,

qwherthrough it falls out oftentymes that at the Generall Assemblies

there inlaks Commissioners from Synods: Heirfore it is statute and

ordaynit, that every Synod shall chuse out them that shall be thought

most meit to come as Commissioners to the Generall Assemblie, qwho

shall remaine untill the last day of the Assemblie inclusive; and to

the effect they may pretend no reasonable excuse in the contrair,

and speciallie of povertie, therefore it is statute, that in caice

the Commissioners that are chosen may not commodiously awayt upon

the Assemblie upon their awne expenses, then and in that caice, the

rest of the qwhilk number he is chosen shall contribute unto his

expenses, according to the abilitie of their livings, under the paine

of tynsell of the tenth pairt of their stipend; qwhilks Commissioners

being so furnished be a common contributione as said is, shall repare

to the Generall Assemblie, and remaine unto the finall end thereof,

under the paine of tynsell of the tenth pairt of his own stipend; and

in caice either the Commissioner or the Brethren of his Synodall,

through not obeying every ane, their proces of the premisses

respective, incurring the danger of the penalties above rehearsit,

and yet refuse to make payment of the saids penalties, viz. of the

tent pairt of their stipends, then and in that caice, they shall

be suspendit from their calling and functione, ay and qwhile they

satisfie the samen.

Anent the summons raisit at the instance of the Synodall of Fife

against Andrew Arnot, minister of Scotlandwell, cravand the said

Andrew, conforme to his promise, to make provisione for the kirk of

Auchtermoonsie, one of the kirkes of the said ministrie: The said

Andrew Arnot being callit, compearit and declareit, that he promised

to make sufficient provisione to the said kirke, provyding alwayes he

were releivit of the payment of his third, qwhilk he pays presently

to Mr Robert Inchaw, qwhilk promise he presently ratified, and bound

himself to make provisione for the said kirke immediately after the

dissolving of the Assembly, he being releivit of the payment of his

third as said is.

Sessio 4^a. Martii 9.

The Commissioners appoyntit in the last Generall Assemblie for

planting of the Townes of Edinburgh, Dundie, and Saint Androis,

and such uther affaires, as at maire lenth is conteind in the said

commissione, and callit to giue ane accompt of such things as had

beene done be them be vertew of their commission forsaid, Mr James

Nicolsone, in name of the rest, producit a Book, containing ane

haill registre of their haill proces and proceedings since the

acceptatione of their commission, qwhilk was publickly read in

presence and audience of the haill Assemblie; and because there was

some of the brethren that thought themselves grievit at certaine

of thir proceedings, Therefore it was thought expedient that the

brethren after following, sould cognosce upon the saids grieves and

commissioners’ answers thereto, qwhilk both sould be given in write

before them, and thereafter report to the haill Assemblie, what

they fand therein; They are to say, Mrs George Monro, James Dundas,

Robert Howie, Duncan Davidsone, William Dowglass, Androw Milne,

Androw Lambe, James Robertsone, William Rynde, Archibald Moncreiffe,

Alexander Lyndsay, David Fargusone, Robert Wilkie, William

Cranstoune, David Spence, John Knox, Gavin Hamilton, John Hall, John

Spotswood, Patrick Simpsone, Robert Darioch, Harie Lewingstone, David

Barclay, Hew Fullartone, and John Welsh.

Grieves to be proponit to his Majestie.

1. To craue of his Majestie ane reliefe of this present taxatione

to such of the ministrie as possesses small benefices within three

hundreth marks, seeing they are not able to be sustenit upon the same.

2. To craue, in generall for the haill ministrie, that they be not

troublit with the taxationes in no tyme coming, but that the officers

that ingathers the same, charge the taxmen immediatelie qwho are

bound to relieve the ministrie of their taxatione, because so long

as the Commissioners charges their taksmen, not only it averts them

from their calling, but also breeds a grudge betwixt them and their

parochiners.

3. To craue a redress of the buriall, that ane act of Parliament may

be made, discharging burialls in the kirks.

4. To craue ane redress anent adulterous marriages qwher two

persones, both divorcit for adulterie committit either with uther,

craues the benefite of the Kirk to be joynit in marriage.

5. To craue his Majestie, what order shall be tane anent the

relaxatione of such murtherers from excommunicatione as are already

relaxit from the horne, and yet hes not satisfyit the partie, qwhilk

is a token of no penitence.

6. To advyse with his Majestie of the carying of profest witches from

towne to towne, to try witchcraft in wthers, be lawfull and ordinar

tryall of witchcraft or not.

7. Anent laik patronages, to lament unto his Majestie the great abuse

qwhilk the late act of Parliament hes brocht in, giving licence to

the patrone to possesse the fruites of the benefice, in caice he

present ane qwalified man, and the same be not admitted be the Kirk,

under cullour qwherof they use to present ane qualified man to the

presbytrie, and hes him sworne to sett back ane tack of the fruits of

the benefices to the patrone, qwheron, albeit the persone presentit

be qualified, yet the Kirk cannot admitt him, in respect to the

impedimen forsaid, qwherthrough both the patrone uplifts the fruits

of the benefice, and the Kirk lys destitute; therefore to crave

redress.

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