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.