Anent the grieves given in to his Majestie before noon, his Majestie
being present gave his answer as follows:--
To the first and second, his Majestie desyred the Commissioners to
be deput from this Assemblie, to give in ane supplication to the
Councill, anent the same, qwhereunto his Majestie should hold hand,
and in the meantyme promised to cause stay all farther executione
against such of the ministrie as were at the Assembly presently,
qwhill the 15th of Apryle nixt to come.
Anent burialls; his Majestie thought good that ane supplicatione
should be given in to the next Parliament, craving that for the
avoyding of burialls in Kirks, every nobleman sould bigg ane
sepulture for himselfe and his familie.
Anent adulterous marriages; his Majestie thought good that ane
supplicatione should be given in to the next Parliament, craving such
marriages to be declairit null in all tyme coming, and the bairnes
gotten therein, bastards.
Anent murtherers; his Majestie declared, when any murtherer is
relaxit from the horne, upon cautione to underly the law, that he is
not, therefore, simpliciter relaxit, but to ane day to byde tryall of
his fault, and therefore thinks that the Kirk may continow in their
censures against such ane persone, and deny him any benefite of the
Kirk, untill they see evident tokens of repentance in him, the partie
satisfyed, and thereupon ane remission attayned.
Anent tryall of witchcraft, his Majestie declarit, that, be ane
act of the last Parliament, it is remittit to certaine of his
Heines’ Councill, certaine ministers and advocats, to conclude upon
all solide order anent tryall of witches, and to advyse whether
the forsaid carrying of witches is permissive or not: touching
the qwhilk, the Assemblie ordaynit Mrs Patrick Galloway and John
Duncansone to hold his Majestie in remembrance.
Anent the abuse in laick patronages, his Majestie thocht good
lykewayes that ane supplicatione sould be given in to the next
Parliament for redress thereof.
Because it was reportit in the Assemblie, that albeit sundry persones
wer convict of witchcraft, nevertheless, the civill magistrate
refusit not only to punische them, conforme to the lawes of the
country, but also, in contempt of the same, setts the persones at
liberty, qwhilks were convict of witchcraft;--therefore the Assemblie
ordaynes that, in all tyme coming, the presbytrie proceed in all
severitie with their censures against such magistrats as shall sett
at liberty any persone or persones convict of witchcraft hereafter.
_Item_, Because diverse persones, with ane preposterous haist,
proceed to the bond of matrimonie, without any lawfull proclamation
of their bands, qwherthrough the ordinances of the Kirk are highly
contemnit; Therefore it is statute and ordaynit, that no persones
be coupled together in marriage, without they be thryce lawfully
proclaimed at their awne paroche kirk, according to the consuetude
observit within the realme; and in caice of contraveining the same,
that the minister be depryvit of his office, and the parties ordayned
to satisfie the Kirk, be publick repentance.
Anent burialls: It is ordaynit that no picturs or images be carried
about in burialls, under the paine of the censures of the Kirk.
_Item_, Because it was regraitit, that certain of the ministrie
being beneficit persones, hes sett tacks and assedationes of the
fruits of their benefice, and thereafter hes obtaynit licence of
transportatione from their kirks, so that the same, be reasone of
the tacks sett be them, remaines continuallie unplantit, for laick
of provisione; Therefore, it is statute and ordaynit that, in tyme
coming, no minister get licence of transportatione from his kirk,
before it be tryit that he hes not hurt the benefice from the qwhilk
he craves to be transportit, be setting tacks of the fruits of the
same; and if the tacks that were sett before his entrie to the said
benefice, expyrit in his tyme, that he hes renewed no old tack, butt
consent of the Generall Assemblie.
_Item_, Because for laick of moyen, sundrie of the ministrie hes not
as yet obtainit designatioune of their manses and gleibs, Therefore
it is ordaynit that every minister, qwhilk is not yet possessit with
his manse and gleib, obtaine possession of the same, betwixt and
the next Assemblie; and in caice the persones in qwhois favours the
designatioune is grantit, be not able, through povertie, to await
upon the law for obtaining possessione of the same, that the rest of
the brethren of his Presbytry concurr and help him with expenses for
obtayning of the same.
Sess. 6^a. Martii 10. Ante Meridiem.
Anent the proceeding of the Commissioners appoyntit in the last
Generall Assemblie, qwhilk they did anent the examinatione of the
depositione of Mr John Rutherford, and the planting of the ministrie
of St Androis: the Assemblie ratifies, approves, and allows their
proceedings therein. And farder, for reasonable causes moving them,
ordaynes Mr Robert Wallace to be relaxit from the suspensione from
his ministry, pronuncit in their decreit against him, be satisfyand
my Lord of Memuor, be the advyce of Mrs David Lyndsay, Robert Bruce,
and Robert Rollock, to the effect he may be placit to serve in such
partes qwher the Kirk shall think his travells to be best imployit.
And as concernyng Mr John Rutherfurd’s proces, and the rest of the
thinges done in St Androis be the saids Commissioners, Mrs David
Black, John Carmichaell, Robert Durie, Alexander Forsyth, and the
rest of the brethren of the Presbytrie of St Androis that were there
present, after reasonyng of such things qwherof they had not been of
before resolvit, declareit themselves satisfyit therein.
Because it was reportit be the Commission of the Generall Assemblie,
that the constant platt for planting every particular kirk, be the
tacksmen who hes the haill teinds in their hands, and refuseth to
condescend to any substantiall order anent the planting of the
ministrie, without some securitie were made unto them anent the
remanent of their teinds; Therefore, the Assemblie thocht good to
consider qwhat be the conditiones cravit be their tacksmen, in caice
of augmentatione of the dewtie of their tacks for sustentatione
of the ministrie: To the qwhilk it was answerit be the Visitors
of Morray and Aberdeene, that the taxmen desyrit ane perpetuitie
of their tacks, be renewing thereof at their outruning, butt
gressume. The lyke offerit Angus, Clydsdale; Gallaway, Fyfe, and
Lawthiane, wald make no offer; upon consideratione qwhereof, the
brethren desyrit his Majestie that ane law might be made anent the
augmentation of the dewties of the tacks for sustentatione of the
ministrie, To the qwhilk his Majestie offerit willingly to deall with
the tacksmen in such sorte that they should be forced to augment the
dewtie of their tacks to ane reasonable and competent living for ane
minister at every kirke, upon condition they had some reasonable ease
of their teinds; and for effectuating thereof, the Assemblie ordaynes
every minister to give in ane particular overture in wryte to the
Commissioners quwhilk shall be appoyntit be the Generall Assemblie,
quhat is the just valour of the teinds of his paroche, to quham they
are sett, for quhat dewtie, to quham the deutie is payit, and quhat
better every ane can give for planting of his awne kirk, to the
effect his Majestie, with advyce of the saids Commissioners, may take
ane solide order anent the sufficient planting of every particular
kirk betwixt and the nixt Generall Assemblie.
Sess. 7. Martii 10.
The brethren appoynted to try the proceedings of the Commissioners
of the last Assemblie, and the grieves given in against the same,
with the Commissioners’ answers thereto, declairit that they had
considerit the haill grieves given in be the Synodall of Lawthiane,
and the Commissioners’ answers made to the same, and that they
thought it expedient, so that it were the will of the Assemblie,
that the saids grieves and answers sould be buried;--nottheless, the
Assemblie, for the satisfaction of the haill breither, thocht good,
that the saids grieves and answers sould be read in audience of the
haill Assemblie; qwhilk being done, after voteing, it was concluded
that the proces and proceedings of the saids Commissioners sould
be ratified in that part, and the grieves and answers buried and
obliterat, for continuance of peace in the Kirk.
Sess. 8. 11 Martii.
The brethren, after revyseing of the haill proceedings of the
Commissioners of the last Assemblie, ratifies, allowes, and approves
the same, and ordaynes the haill grieves given in and answers
made thereto, to be buried and put out of memorie. For better
executione of their proceedings, the Generall Assemblie ordaynes Mr
Robert Rollock, David Lyndsay, Robert Pont, Patrick Galloway, John
Duncansone, James Nicolsone, Thomas Buchanan, George Gladstones, or
any fyve of them, to conveine with his Majestie, to put the decreit
of the saids Commissioners, anent the planting of Edinburgh, to
farther executione, and place the ministers of Edinburgh at their
particular flockes; ordayning likewise the ministers of Edinburgh
to obey the said decreit, be accepting every ane of them their
particular flocks, under the paine of deprivatione of them from their
ministry, and in caice of disobedience in their parts, that the saids
Commissioners depryve them from their functione of the ministry; and
thereafter, ordaynes the saids Commissioners to plant the kirke of
Edinburgh with such of the wysest and most discreet of the brethrene
as they shall think most meit, to the glory of God and edificatione
of the particular flocks within the toune of Edinburgh; and in the
meintyme, qwhile the said Commissioners convene for performing of
the premisses, the brethren ordayns the ministers of Edinburgh to
continue in the preaching of the word and ministratione of the
sacraments.
Sessio 10. Martii 13.
Because syndrie of the brethren desyrit to be satisfyit of his
Majestie’s minde be his awne mouth, towards certaine of the
ministrie, in speciall towards the ministrie of Edinburgh, anent
qwhatsoever accidents that hes fallen out thir two yeares bygane; his
Majestie, for making his mynde mair clearly to be understood be the
haill brethren, declairit himselfe to be content and satisfyed with
the ministrie of Edinburgh, and that his Hienes did bear no grudge
nor evill will to any of them for any accidents qwhilk hes fallen
out in any tyme bygane, and that the same sould never be rememberit
be his Majestie in any tyme coming, but that his Hienes and they,
{blank space}: to the qwhilk the ministers of Edinburgh willingly
consentit, sould never call any of these accidents fallin out in any
tyme comeing to remembrance, neither make mention of the same in
private speeches or publicke sermones, in any tyme hereafter.
The qwhilk day, in presence of the haill Assemblie, the King’s
Majestie having declarit his advyce anent the necessitie of
Commissioners, to be appoyntit be the Generall Assemblie, to awayte
and concurr with his Majestie for bringing to ane finall end, the
langsome warke of the constant platt for planting of ministers at
the burghes within this realme, in caice any of their places shall
happen to vaick before the next Generall Assemblie, for awayting
upon the Parliament, if any shall be, and craving the redress of
such things qwherwith the ministers finds themselves grievit, and
finally, for redressing of such enormities, and awayting upon such
good occasiones as may fall out before the next Generall Assemblie;
desyring, therefore, that the brethren wald consider the necessitie
forsaid, and according to their discretione, qwhither if it were
expedient that ane Commission sould be grantit to certaine of the
maist wyse and discreit of the brethren for the causes forsaids: the
qwhilk his Majestie’s advice the Assemblie thinks very necessar and
expedient, and therefore hes given and grantit, lykeas, by the tenor
heirof, gives and grants, their full power and commission to Messrs
Peter Blackburne, James Nicolsone, Andrew Milne, Alex. Douglass, John
Ramsay, Thomas Buchanane, David Fargusone, William Cranstoune, George
Gladstones, Alex^r. Lyndsay, Harie Livingstone, Robert Pont, David
Lyndsay, Robert Rollock, John Hall, John Clappertoune, John Knox,
Gavine Hamiltone, Andrew Knox, and his Majestie’s and the Prince’s
ministers, or any nyne of them, to conveine with his Majestie, at
such tyme and place as shall be found expedient; with power to them,
or any nyne of them, to concurr with his Majestie, anent the setting
downe and concluding of the solid grounds and fundaments of the
constant platt, and qwhat securitie shall be made to the tacksmen for
the remanent of their teinds; qwhilks grounds being sett downe be
them, they shall make every Presbytrie within this realme privie to
the same; and in caice the saids Presbytries, be their Commissioners
or be themselves, after visitatione of the saids grounds and
conclusiones, ratifie and approve the same, with power to the saids
Commissioners, or any nyne of them, to conveine thereafter with his
Majestie and the said Lords of his Privie Councill, having the power
of the Parliament to that effect, and there to put ane finall end
and conclusion to the constant platt, and solide planting of every
particular Kirke within this realme; with power, also, to the saids
Commissioners, or any nyne of them, to awayt upon the Parliament, if
any shall be before the nixt Assemblie, and give in the grieves of
the samyn, desyrand them to be redrest, and to give their advyce to
his Majestie for avoyding or eschewing any danger or inconvenient
qwhilk may be lyklie to fall out in prejudice of the Kirke; and
lykewise, in caice his Majestie find him grievit, or crave redresse
of any enormitie done to his Hienes be any of the ministrie, with
power to them, or any nyne of them, to sit and cognosce upon the
same, qwherein for better informatione of the cryme or fact qwhilk
shall happen to be committit, they shall crave the advyce of the
most discreit of the Presbytrie qwhere the persone offender dwells,
as they shall think expedient, and thereafter proceed in taking
tryall of the fact be themselves, and conclude therein as shall be
most expedient to the glory of God, and the peace and quyetness of
his Kirke within this realme: And, finallie, with expresse power
and command to the saids Commissioners, to propone to his Majestie
at their conventiones, the petitiones and grieves, alswell of this
Assemblie in generall, as of every member thereof in particular, as
shall be meint unto them, _promitten de rata_, &c.
Anent the forsaid Commission grantit for redress of such things as
shall happen his Majestie to be offendit with in the persone of any
of the ministrie: his Majestie declairit in presence of the haill
Assemblie, that albeit the haill power of cognoscing upon such
matters be devolvit in the persones of the Commissioners qwho should
concurr with his Heines to that effect, nevertheless, his Majestie’s
mynde is, no wayes to trouble the Commissioners with any such
matters, unless first it be notoriously knawne, that the presbytrie,
quhere the offender maks residence, both has gotten knowledge of the
fact, and either has altogether neglectit the tryall thereof, or
else not satisfy his Majestie with the punischment imponit to the
offenders be them.
Sess. 11. 13 Martii.
Forsuameikle as the Commissioners of the Generall Assemblie, at the
Parliament halden in December last bypast, upon ane earnest zeall
quhilk they did alwayes bear to the will of the Kirk, had given
in certaine article to the Lords of Parliament, concernying the
liberty of the Kirk, and in speciall had cravit that the ministrie,
as representing the trew Kirk of God within this realme, and so
being the third estate of the realme, might have vote in Parliament
according to the loveable acts and constitutions of before made in
Parliament, in favours of the freedome and libertie of the Holy
Kirk, qwhilks their travells and indeavours, proceeding alwayes
upon ane godly intentione, they submittit to the censures of this
present Assemblie, desyring the brethren to allow or disallow the
same, as they should think most expedient, for the glory of God and
establisching of the trew religione within this realme: Qwherupon the
brethren being ryply advysit, allowit the honest and godly intentione
of the Commissioners in craving vote in Parliament for the ministrey,
as conforme and agrieing with sundrie uther Acts of the Assemblies
proceeding, in the qwhilks it hes been found expedient that the Kirk
sould sute vote in Parliament.
Forsuameikle as his Majestie is willing to utter his good intention
that he hes alwayes borne to the establisching of the trew Kirk of
God within this realme, declareit, that for the better performance
thereof, his Hienes had assistit the Commissioners of the last
Assemblie in craving vote in Parliament in name of the Kirk, qwhilk
their sute, albeit in some part, and as it were, in a certain manner,
granted be the Lords of Parliament, yet the acceptatione therof,
the forme and haill circumstances of the persones were reservit to
this Generall Assemblie, to be acceptit or refuisit as the Kirk
should think expedient: And seeing his Majestie had anticipat the
appoynted tyme of the Assemblie, and desyrit the brethren to conveine
at this present tyme, especially for the causes forsaid; therefore
his Majestie desyrit that the brether wold enter in a particular
consideratione of the haill poynts of the said act in every
particular poynt thereof, and first to reason in publick audience of
the haill Assemblie, qwhither it was lawful and expedient, that the
ministrie, as representing undoubtedly the Kirk within this realme,
should have vote in Parliament or not?
The said question being at lenth reasoned and debaitit _in utramque
partem_, in presence of the haill brethrene, and therafter votit, The
Generall Assemblie votes, finds, and concludes, that it is necessar
and expedient for the well of the Kirk, that the Ministry, as third
Estate of this realme, in name of the Kirk, have vote in Parliament.
Sess. 12. Martii 14.
Concerning the number of the ministry that should have vote in
Parliament in name of the Kirk, it was lykewise concludit and thought
expedient, that alse many of them sould be chosen for the vote in
Parliament as was wont of old, in the tyme of the Papisticall Kirk,
to be Bischops, Abbots, and Priors, that had the lyke libertie, viz.
to the number of fyftie and ane, or thereby.
_Item_, After reasoning, it was votit and concludit that the
election of such of the ministrie as should have vote in Parliament
aucht to be of ane mixt qualitie, and appertayne pairtly to his
Majestie, and pairtly to the Kirk; and because, throw shortness of
tyme, the brethren could not be perfectly resolvit in the remanent
heads and circumstances concernyng the office of him that should
have vote in Parliament, viz. _de modo eligendi_, of his rent, of
the continuance of his office, qwhither he should be chosen _ad
pœnam_ or not, of his name, of the cautiones for the preservation
of him from corruptione, and such uther circumstances; Therefore,
the Assemblie ordaynes every Presbytrie to be ryply and throwghly
advysit with the particular heads above written, and thereafter to
convocat their Synodall Assemblies through the haill countrey upon
ane day, qwhilk shall be the first Tuesday of Junii nixt to come, and
there, after new reasoning and advysement with the particular heads
above written, that every Synodall choose out three of the wysest of
their number, qwho shall be ready upon his Majestie’s advertisement,
qwhilk shall be upon ane moneth’s warning at the leist, to convein
with his Majestie, together with Doctors of the Universities, viz.
Mrs Andrew Melvill, John Johnstone, Robert Rollock, Patrick Chaip,
Robert Harvie, Robert Wilkie, and James Martine, such day and place
as his Majestie shall think expedient; with power to them to treat
and reasone and conferre upon the saids heads and uthers appertayning
therto, and in caice of agreement and uniformitie of opinions, to
vote and conclude the haill questione concernyng vote in Parliament;
utherwayes, in caice of discrepance and variance, to referr the
conclusione thereof to the nixt Generall Assemblie.
For better observing of the Presbytries, It is statute and ordaynit,
that every Presbytrie shall assemble themselves ance orderly, ilk
week in their full number, at the leist so many of them as hes
their residence within aucht myles to the place of the ordinarie
conventione of the Presbytrie: That every member of the Presbytrie
study the text qwherupon the exercise is to be made: That ane common
head of religion be intreatit every moneth in ilk Presbytrie, both
by way of discourse and disputatione: That every pastor have ane
weekly exercise of instructione and examinatione of ane pairt of his
congregatione in the Catechisme; Qwhilk haill heads are ordained to
be observed under the paine of incurring the censures of the Kirk.
Sess. ultima. 14 Martii, Post Meridiem.
The brethren having read and considerit the paines and travells taken
be Mr Patrick Scharp, Principall of the Colledge of Glasgow, and his
Lessones upon the Catechisme and grounds of religione, allowes of the
same, and thinks them very necessar and profitable; and therefore
ordaynes them to be printed.
Anent the protestation given in be Mr John Davidsone, for himself and
in name of certaine uther brethren as he alleadgit, protesting that
this Assemblie was not ane frie Assemblie, qwhilk his protestatione
he desyrit to be insert in the Books of the Assemblie:
It being inquyrit if any man wald adhere to the said protestatione,
there was nane found that wald adhere to the samen, nor was of
the said Mr John’s opinion thereanent; and therefore the brethren
dischargit the Clerk to insert the same in the Books of the Assemblie.
Because the questione anent summar excommunicatione, for lake of
tyme, cannot be commodiously intreatit at this present, therefore
the brethren continows the same to nixt Assemblie: in the meintyme
suspends all summar executione.
Because there hes no order [been] sett downe hitherto anent the
number of Commissioners to be direct from every Presbytrie to the
Generall Assemblie, Therefore it is statute and ordaynit that in all
tyme coming, three of the wysest and gravest of the brethren shall be
direct from every Presbytrie at the maist, as Commissioners to every
Assemblie, and that nane presume to come butt commission, except they
have ane speciall complaint, and that the Clark of the Assemblie take
heed to receave no mair in commission but three alanarlie, as said
is; and lykewayes that ane be direct from every Presbytrie in name of
Barrones, and ane out of every Burgh except Edinburgh, qwhilk shall
have power to direct two Commissioners to the Generall Assemblie.
Anent the supplicatione given in be the Towne of Dundie, craving
ane uther minister to be appoyntit unto them in place of William
Chrystisone, who through age is not able to discharge his calling:
The brethren thought their desyre reasonable; and having appoyntit
on the leets Mr John Hall, minister at Leith, and Mr Robert Howie,
Principall of the New Colledge of Aberdeen, be pluralitie of votes,
Mr Robert Howie was chosen to be minister of Dundie, and ordainit to
be transportit with all possible diligence.
Because it was reportit that the ministrey of Orknay had dilapidat
their benefices be selling of tacks of the rent of the same, to the
great hurt and prejudice of the kirks, Therefore it is statute and
ordaynit, that nane of the ministrie of Orknay or Zetland sett any
tacks of any pairt of the fruits of their benefices, nor yet give
their consent to the tacks that shall be sett be wthers, in ony tyme
coming, under the paine of deprivatione.
Because it was reportit be certaine of the brethrene that
notwithstanding of the acts of the Assemblies proceeding against
saillors, and traffiquers with Spaine, the said traffique was not
indmittit, Therefore the Assembly ordaines the acts made anent the
said traffiquers to be put in farther executione in all poynts, butt
any respect of persons.
The Assemblie hes ordained the Presbytries of Dundee and Arbroth
to summond before them the Countess of Huntlie, Sutherland, and
Caithness, to subscryve the Confessione of Faith, under the paine of
excommunicatione, qwhilks summonds shall be execute be Mrs William
Paipe, qwho shall summond the Ladie Caithness--Alexander Douglass,
the Ladie Huntly--and George Munro, the Ladie Sutherland.
The brethren ordaynes the next Generall Assemblie to be halden at
Aberdeen, the first Twesday of July 1599.
[SIXTY-FOURTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, halden at
Montrose, the 18th of March 1600, where the King’s Majestie
being personally present, were conveint the Commissioners of
Schyres.
Sessio 1^{ma}. March 18, 1600, ante merid.
Exhortatione being made be Mr Peter Blackburne, Moderator of the last
Assemblie, Mrs Robert Bruce, Patrick Galloway, Robert Wilkie, Peter
Scharpe, James Melvill, and Patrick Simpsone, were appoyntit on the
leets: Be pluralitie of votes Mr Robert Wilkie was electit Moderator
_hac vice_.
Sessio 2^a. March 18, post merid.
The Commissioners appoyntit in the last Generall Assemblie for
visitatione of the kirks within every presbytrie, as are particularly
divided in the said commission, being requyrit what diligence they
had done in discharge of the said Commission; It was answerit for the
maist pairt of them, that they were not able to discharge any pairt
of the said Commission, in respect they wantit moyen for to make
their expences dureing the tyme of the visitatione, and therefore the
Assembly thocht good that it should be meint to his Majestie that
through inlake of expences the wark of visitatione was lyke to cease,
and to crave some remeid thereto.
Forswameikle as it was regraitit that the act made in the last
Assemblie, anent the ordinare keeping of Presbytries, and the
resorting thereto, was not regarded be sundrie of the ministrie, and
speciallie be them of the presbytries of Irvine and Aire, Therefore
the Generall Assemblie ordaynes the said act to be put in executione,
in all poynts, throughout all presbytries within this realme; and
whosoever contemns and violats the same, after twyse admonition, that
he shall be suspendit from his ministrie--ordayning the visitors
that shall be appoyntit frae this Assemblie to report to the nixt
Assemblie what diligence they find done, touching the keeping of the
same.
Sess. 3^a. Martii 19.
Anent the supplicatione given in be the Synodall of Galloway, making
mention that qwher they had ane act for erecting and bigging of ane
kirk at the burgh of Stranrawer, within the Presbytrie of Wigtoune,
and annexatione thereto of the 20 pound land of the parochine of
Inche, lyand toward the cost of Irleand, pertayning to the Lairds of
Garthland, Stranrawer, Kinlult and Sorby, with the 29 mark land of
the parochine of Salsett, the five mark land of Auchteraire, and five
merk land of Stranrawer, as being most commodious for the inhabitants
of the saids lands to resorte to the said kirk for hearing of the
word; unto the qwhilk erection and annexation foresaids, the heretors
and kyndlie tennents of the foresaids lands hes already given their
consent, desyrand, therefore, that the Generall Assemblie will
ratifie and approve the same, as at mair lenth is containit in the
said supplicatione: The Generall Assemblie ratifies and approves the
erecting and annexatione foresaid, made be the Synodall of Galloway
in all poynts.
Because the generall questione was proponit to the haill Assemblie,
qwhere congregationes are so spacious, that a great pairt thereof
may not commodiously resort to their awne paroche kirk, be reasone
of the great distance of habitation therefrae,--If it be lawfull
to ane number of the said congregatione to big ane new kirk, and
intertaine ane pastor at the same tyme upon their awn expenses? The
Generall Assemblie, after long reasonyng, thinks it both lawfull and
expedient, and declares they will assist the same as ane godly work,
and will crave the samen to be ratified in Parliament, how so oft it
shall occurre.
Because it was reportit that a great number of gentlemen and wthers
of this realme willfully and obstinatly abstaines from the holy
communion, some under cullour of deedly feud, and some for wthers
light causes: Therefore, for remeid of the said abuse, it is statute
and ordaynit, that all presbytries within this realme give expresse
charge and command to every particular minister within their
bounds, charging them to take up the names of all them within their
parochine, qwho hes not communicat ilk year ance at the leist, and
thereafter summond them to compeir before the presbytrie, to hear and
sie themselves decernit to communicat within three moneths next after
the charge; certifying them and they failzie, the act of convention
made against non-communicants shall be put to executione against
them; qwhilk being done, and the saids persones, non-communicants,
remaining obstinat, and the saids three moneths expyrit, that the
presbytries delaite the names of the non-communicants to the King’s
Majestie, to the intent the forsaid act of conventione made against
non-communicants may be put to executione against them; and in the
parochines qwhere there is no minister, that this order be supplied
be the presbytry within the qwhilk the said paroche lyes.
Forsuameikle as it was lamentit in the King’s Majestie’s presence,
that qwhereas syndrie of the ministry were occupied in their
laudable calling in pursuing of malefactors, such as adulterers,
murtherers, and uthers sclanderous persons, urging them to purge the
sclanders committit be them, conforme to the statuts of the Kirk,
dayly observit within this realme, that at such tymes they were
drawn from their callings and charge, to compeir before the Secret
Councill, be letters privilie obtenit upon false narratives be the
saids sclanderous persons, qwherby not only were they distractit
from their lawfull functiones, but also the discipline of the Kirk
and punischment of the vyce, greatly neglectit and continuit;
therefore the brethren of the Assemblie requests his Majestie not
to suffer such contempt of the discipline of the Kirk qwher be the
brydle wald be lowsit to all impietie and licentious living: To the
qwhilk his Majestie promisit that, in tyme coming, no letters sould
be direct from the Secret Councill, at the instance of any persone
againes any minister in particular, or any presbytrie in generall,
for qwhatsoever thing he or they shall doe, in the executione of his
or their offices, before the persone requyrer of the saids letters
produce ane testimoniall under the forme of instrument _de denegata
justitia_ of the minister or presbytrie judge ordinar.
Sessio 4^a. Martii 19, Post Meridiem.
The brethren appoyntit to awayte upon the King’s Majestie for
advysing upon such Articles as should be cravit of the next
Conventione for taking order with Jesuits, Papists, Seminarie
Priests, hes, with the King’s Majestie’s awne advyce, formed the
Articles underwritten, to be given in to the next Conventione:
1. That all Jesuites, Seminarie Priests, excommunicat and traffiquing
Papists, that shall happen in any tyme coming to returne within
the countrey, or that are presently within the countrey, shall,
immediately after their dilatione to his Majestie, be apprehendit and
put in ward, there to be detinit ay and qwhill they be convertit to
the religion, or else punischit according to the acts of parliament,
or else removit off the countrie.
2. That the resetters of obstinat excommunicat Papists and their
chief friends and acquaintance quhois house they haunt, be chargit
to find cautione, under a pecuniall pain according to their abilitie
and rank, that they shall no wayes resett nor intertaine the saids
excommunicats.
3. That all excommunicat Papists be chargit to satisfy the Kirk
within the space of thrie moneths, under the payne of hornyng, and
if they failʒie, to be denuncit therto, that their escheits and
lyferents, in caice of year and dayes rebellion, may be intromittit
with be his Majestie’s Thesaurer, and not disponit to any donators.
4. That the Marquess of Huntlie be chargit to exhibit and present
before his Majestie and Secret Councill, John Gordoune of Newtoune,
Patrick Butter, and Mr Alex^r. Leslie, according to his band, that
they may be committit to ward ay and whill they satisfy the Kirk.
Bonytowne, younger, alleadgit resident within the Presbytries of
Ellone, Aberdeene, and Brechine, is ordaint be the Generall Assemblie
to be conveint before the Presbytrie of Brechine, and there to offer
his satisfaction as to his Judges ordinar.
Tarves and Methlek, kirks of the Synodall of Aberdeen, upon the
11th of November 1597, with mutuall consent of the parochiners and
heritors of the lands to be interchangit and annexit with consent
of the said Synodall, excambit certain lands, and annexit them in
respect of the far distance from their awne paroche kirks, and
contiguitie of the kirks qwherunto they are annexit, but prejudice
alwayes of their rents of the personage and viccarage of the saids
lands to be payed to the old persones and viccars, as before the
said excambione. The Generall Assemblie, at the desyre of the said
Synodall, ratifies and approves the said excambione and alteratione
in all poynts, and ordains the same to take full effect.
Forsuameikle as diverse and great inconveinents aryses dayly be the
untymous marriage of young and tender persones before they come
to age meit for marriage, and that there is no law nor statute of
the Kirk made as yet defyning the age of persones to be maried;
Therefore it is statute and ordaynit, that no minister within this
realme presume to joyne in matrimonie any persones in tyme comeing
except the man be of fourteen yeares and the woman of twelve yeares
at the leist; ordayning lykewayes the Commissioners of the Generall
Assemblie to desyre this statute to be ratified in the Conventione.
Anent the questione qwhether if a man being blind may discharge
all the pairts of the office of a pastor, and in speciall anent
the admission of Mr John Boyll to the ministry of Jedburgh, being
blind: the Assemblie refers the answer of the generall questione to
the nixt Generall Assemblie. And as to the admission of the said Mr
John, refers the tryall thereof to the Commissioners of the Generall
Assemblie; and in the meintyme discharges the said Mr John of using
any part the office of a pastor, except the preaching of the word.
Because the marriage of persones convict of adulterie is a great
alurement to married persones to committ the said cryme, thinking
thereby to be separat from their awne lawfull wyfes, to injoy the
persones with qwham they have committed adulterie: ffor eschewing
qwhereof, the Generall Assemblie thinks it expedient that ane
supplicatione be giuen in to the nixt Conventione, cravand ane act to
be made, dischargeing all marriages of sic persones as are convict
of adulterie, and that the samen be ratified in the next Parliament,
ordayning the brethren appoyntit to awayte upon the Conventione to
give in this article with the rest.
Sess. 6. 20 Martii.
Forsuameikle as, in the last Assemblie, there was a Commission given
to every Synodall within this realme, to elect, and choose out three
of the wysest of their number, to be ready, upon his Majestie’s
advysement, to convein with his Hienes, and to treat upon such heads
concernyng vote in Parliament as were not condescendit upon in the
last Assemblie, and, in caice of agreement, to conclude the haill
matter, utherwayes to referre the samine to this present Assemblie,
as at mair lenth is contained in the said Commission, conform to the
qwhilk, the saids Commissioners being conveint at Falkland, the 25th
of July 1598, they being rypelie advysit with the heads following,
gave their advyce and conclusione as after follows:--
1. Concerning the manner of chooseing of him that shall have vote
in Parliament in name of the Kirk: It is condescendit upon, that he
shall first be recommendit be the Kirk to his Majestie, and that
the Kirk shall nominat sax for euery place that shall have need to
be filled, of qwham his Majestie shall choose ane, of qwham he best
lykes; and his Majestie promises, oblisses, and binds himselfe to
chuse no wther but ane of that number: And, in caice his Majestie
refuses the haill, upon ane just reasone of insufficiencie, and of
greater sufficiencie of uthers that are not recommendit, the Kirk
shall make ane new recommendatione of men according to the first
number, of the qwhilk, ane be his Majestie shall be chosen without
any farther refusall or new nominatione, and he that shall be chosen
be his Majestie shall be admittit be the Synods.
2. It is concludit, that the Generall Assemblie shall have the
nominatione or recommendatione of him that in name of the Kirk shall
vote in Parliament, qwho shall take the advyce of the Synods and
Presbytries thereanent direct from them in wreit; and the Synod shall
have liberty to nominat alsewell within their province as outwith,
provyding that, if there be a man within their province meit for the
place, _cæteris paribus_, he be preferrit to ane wther.
3. Anent the rent: It is advysit, with ane consent, that the Kirk
being plantit sufficiently, the Colledges and Schooles already
erectit not prejudgit, that the King’s Majestie shall provyde him
to all the rest that may be obtainit of that benefice qwherto he is
preferrit.
As to the Cautiones to keep him that shall have vote in Parliament
from corruption, they be these following:--
1. That he presume not, at any tyme, to propone at Parliament,
Counsell, or Convention, in name of the Kirk, any thing without ane
express warrand and direction of the Kirk, and such things as he
shall answer for, to be for the weell of the Kirk, under the paine
of depositione from his office: neither shall he consent or keep
silence in any of the saids Conventiones, to any thing that may be
prejudiciall to the will and libertie of the Kirk, under the same
paine.
2. He shall be bound, at every Generall Assemblie, to give ane
account anent the discharge of his Commission sen the Assemblie
gangand before, and shall submitt him to their censure, and stand at
their determinatione qwhatsomevir, without appellatione, and shall
seek and obtaine ratificatione of his doings at the said Assemblie,
under the paine of infamie and excommunicatione.
3. He shall content himself with that part of the benefice qwhilk
shall be given in be his Majestie for his living, not hurting
nor prejudgeing the rest of the ministers of the kirk within his
benefice, plantit or to be plantit, or any uther minister of the
countrey qwhatsoever, and this clause to be insert in his provisione.
4. He shall not dilapidat in any wayes his benefice, neither make
sett nor dispositione, without the speciall advyce and consent of his
Majestie and Generall Assemblie; and for the greater warrand heirof,
he shall interdyte himself not to dilapidate his benefice, nor
consent to the dilapidatione thereof made be uthers to the Generall
Assemblie, and shall be content that inhibitiones be raisit on him to
that effect.
5. He shall binde faithfully to attend upon his awne particular
congregatione qwhereat he shall be minister, in all the poynts of a
pastor, and hereanent shall be subject to the tryall and censure of
his awne Presbytrie and Provinciall Assemblie, as any other minister
that bears not Commissione.
6. In the administratione of the discipline, collatione of
benefices, visitation, and all uther poynts of ecclesiasticall
government, he shall neither usurpe nor acclaime to himself any
power or jurisdictione farther nor any uther of the rest of his
brethren, except he be imployit be his breither, under the paine of
deprivatione; and in caice he usurpe any parte of ecclesiastical
government, and the Presbytrie, Synodall, or Generall Assemblie,
oppose and make any impediment thereto, qwhatsoever he doe after that
impediment to be null, _ipso facto_, but any declarator.
7. In Presbytries, Provinciall and Generall Assemblies, he shall
behave himself in all things subject to their censureing, as any of
the brethren of the Presbytrie.
8. At his admissione to his office of Commissionarie, thir, and all
wther poynts necessar, he shall swear and subscryve to fulfill, under
the penalties forsaids, and wtherwayes not to be admitted.
9. And in caice he be deposed be the Generall Assemblie, Synod, or
Presbytrie, from his office of the ministrie, he shall also tyne his
vote in Parliament, _ipso facto_, and his benefice shall vaicke.
And farther cautiones to be made as the Kirk pleases and finds
occasione.
Anent his name that for the Kirk shall have vote in Parliament: It is
advysit, be uniforme consent of the haill brethrene, that he shall be
callit the Commissioner of such a place; and in caice the Parliament,
be his Majestie’s moyen, may be inducit to acknowledge that name, it
shall stand so; if not, the Generall Assemblie shall conclude this
questione anent his name.
The questione being demandit, qwhither the Commission of him that for
the Kirk shall vote in Parliament sould indure for his lyfe tyme,
except some cryme or offence intervene, or for a schorter tyme,
at the pleasure of the Kirk? The Commissioners of the Provinciall
Assemblies, being of diverse opiniones, thocht good to referr this
questione to the next Generall Assemblie; qwhilks haill conclusiones
being read in presence of the haill Assemblie, and they being rypelie
advysit therewith, ratified, allowed, and approved the samen, and
thought expedient that the said cautiones, together with such wthers
as shall be concludit upon be the Assemblie, be insert in the body of
the act of Parliament that is to be made for confirmatione of vote in
Parliament to the Kirk, as most necessar and substantiall pairts of
the same.
Anent the supplicatione given in be James Lermonth, younger of
Darsie, David Kynnithmonth of that Ilk, John Traill of Blebow, for
themselves, and in name of their tennents and wthers, parochiners
of the paroche of St Androis, makand mentione, That albeit they
are parochiners of the said paroche kirk, lykeas they and their
predicessors hes beene continually subject to the discipline of the
said kirk, and hes been ever ready to underly qwhatsoever burden
was imposit for furtherance of the said kirk, and concurre with
the rest of the parochiners according to their rent and portione
of the said paroche; nevertheless the minister and sessione of the
said kirk refuses to suffer them and their saids tennents to enjoy
the benefites of the kirk with the remanent of the said paroche,
but debarres them from the hearing of the word, receaving of the
sacraments, and benefite of marriage, within the said kirk, butt any
reasonable cause; desyrand, therefore, ane command to the minister
and session of the said kirk of St Androis to admitt the forsaids
persones and their vassals to the hearing of the word and injoying
of the haill forsaids benefites of the kirk, as at mair lenth is
contained in the said supplicatione.
The Generall Assemblie having considerit the haill premisses,
commands and ordaynes the ministry and session of the said kirk of
St Androis to admitt the saids complainers, and their vassals and
tennents, parochiners of the said kirk, to the hearing of the word,
mariage, and receaving of the sacraments of the kirk, within the said
kirk of St Androis, as their proper paroche kirk in all tyme coming,
ay and qwhill their awn consent be obtainit in the contrare.
Sess. 7. Martii 21.
Anent the supplicatione given in be the parochiners of Twlliebodie,
making mentione, That albeit the said parochine be ane auld
parochine, separate from all wthers, having within itself the number
of four or fyve hundreth communicants or therby, and payes their
teynds to the Abbot of Cambuskenneth, who rigorously exacts the same;
neverthelesse the Presbytrie of Striviling hes be their ordinance
commandit the said kirk to be united to the chappell of Alloway maist
wrangously, seeing the saids complainers, be ane anterior command
of the said Presbytrie, not only re-edified their said kirke of
Twllibodie, but also upon their awne charges furnishit ane pastor to
the said kirk, lykeas yet they are willing to doe, notwithstanding
that their teinds are most wrangouslie led away be the said Abbot, as
said is; desyreing, therefore, their supplication to be considerit,
and the said union dissolved, as at mair lenth is containt in the
said supplicatione.
The brethrene of the Presbytrie of Striviling being callit to give
a reason of this their union of the said kirk, answerit that the
cause moving them was, _First_, That both the said paroches lay
very commodiously to the said kirk of Alloway; _Secondly_, That the
number of both the saids parochines wald make but ane sufficient
congregatione; _Thirdly_, That there could not be ane stipend
obtainit to the said kirk of Twllibodie, in so far that at the desyre
of the saids complainers, there being ane pastor appoyntit to the
said kirk, upon promise that they wald furnische him ane sufficient
stipend, ware forcit, for povertie, to leave them; qwhereas be the
contrare, be the union of the said two kirks, the Earle of Mar
furnisches ane sufficient stipend to ane minister, resident at the
same.
The Generall Assemblie having considered the premisses, ratifies and
approves the union of the said two kirks, and ordayns Alloway to be
the paroche kirk hereafter.
Anent the supplicatione given in be the Presbytry of Deir, makand
mention, that qwhair the Laird of Phillorthe having erect ane
Colledge upon the town of Fraserburgh, and agreed with Mr Charles
Ferme to be both Pastor of the said burgh, and Principall of his
Colledge, qwhilk burden the said Mr Charles refuses to accept upon
him, without he be commandit be the Generall Assembly; desyrand,
therefore, ane command to be given to the said Mr Charles to accept
both the said charges, as at mair lenth is containt in the said
supplication: The Generall Assemblie having considered the necessity
of the said warke, and how the said Laird of Phillorthe hes refusit
to sustaine ane pastor at the said kirk, unless he undertake both the
saids charges, Therefore commands and charges the said Mr Charles
Ferme to undertake and awayte upon, alsweill the said kirk, as to be
Principall of the Colledge of Fraserburgh.
Sessio 8. Martii 22. Post Meridiem.
Forsuameikle as the Commissioners of the Synodalls conveint
at Falkland, the 25th of July 1598, being of divers opiniones
concerning the continuance of this commission that shall have vote
in Parliament, qwether he sould endure for his lyfetyme, except some
cryme of offence interveine, or for a schorter tyme, at the pleasure
of the Kirk, they thocht good to referre the same to this present
Assemblie? Therefore, having reasonit at lenth the said questione,
after voiting of the samen, ffinds and declares that he shall
_annuatim_ give compt of his commission obtained at the Assemblie,
and lay down the same at their feet, to be continowit or alterit
therfrae be his Majestie and the Assemblie, as the Assemblie, with
consent of his Majestie, sall think most expedient for the weill of
the Kirk.
It is statute and ordaynit, that nane of them that shall have vote
in Parliament shall come as Commissioners to any Generall Assemblie,
nor have vote in the same in any tyme coming, except he be authorized
with a commission from his own presbytry to that effect.
It is found be the Assemblie that _crimen ambitus_ shall be a
sufficient cause of deprivatione of him that shall have vote in
Parliament.
It is statute and ordaynit, that every minister intimat this Generall
Assemblie that the vote in Parliament is concludit be the Assemblie,
and that nane utter speech in pulpit contrare the same.
Forsuameikle as it hes been found necessare of before, and profitable
for the will of the Kirk, that certaine Commissioners be appoyntit
frae Assemblie to Assemblie, qwhois speciall care and travell sould
be to give their advyce to his Majestie in all affairs concernyng the
weell of the Kirk, and intertainment of peace and concord betwixt his
Majestie and the Kirk; Therefore, the Generall Assemblie, continowing
in the same course, hes given and grantit, lykeas be the tenor heirof
they give and grants, their full power and commission to Mrs James
Strachane, James Nicolsone, Andrew Milne, Alex^r. Forbes, Alexander
Dowglass, Robert Howie, James Melvill, Jon Dalgleish, Robert Wilkie,
Harie Livingstone, Alexander Lindsay, George Gladstanes, Robert
Pont, David Lyndsay, Robert Bruce, John Hall, John Clappertoune,
John Knox, Andrew Lamb, James Law, John Spottiswood, Gavin Hamilton,
David Barclay, Andrew Knox, with the King’s Majestie’s ministers,
or any nyne of them--givand, grantand, and committand to them their
full power to plant such kirks in Burrow Townes as are destitute of
pastors, and in speciall, the kirk of Leith, in place of Mr John
Hall, last removit therfrae, and the South-wast Kirk of Edinburgh,
vaikand be deceis of umqwhill Mr Robert Rollock;--to present the
grieves of this present Generall Assemblie to the next Conventione,
and receave the answers of the samen; and lykewise, in caice his
Majestie finde himself greivit at any inormitie committit be any of
the ministry, to try and cognosce upon the same, and take such order
thereanent as shall be meitest to the glory of God and weell of
his Kirk, to advyse with his Majestie anent the effectuating of the
constant platt,--_promitten de rata_.
Thir are the Commissioners appoyntit to awayte on the Conventione:
Mrs David Lyndsay, Robert Bruce, James Nicolsone, Andrew Lambe,
William Couper, Alexander Lyndsay, John Spottswood, with the King’s
Majestie’s Ministers.
Because it was understand be the Assemblie that Mr Androw Lamb,
minister at Aberbrothick, licklie to be transportit to some other
flock, qwher his gifts might profite the Kirk in greater abundance,
therefore the Generall Assemblie gives licence to the said Mr Androw
to be transportit from the said kirk of Aberbrothock.
The said day, the Generall Assemblie receivit and admittit Mr Thomas
Hope to be Solicitor for the Kirk in place of James Mowat,--qwho
being personally present, dimittit the same in the Assemblie’s
hands,--after the said Mr Thomas had given his oath of fidelitie in
the said office.
Anent the proces of appellatione persueit be James Lord Lyndsay of
Byres, and remanent gentlemen and parochiners of the paroche of
Syres, against the Presbytries of Couper and St Androis, concernyng
the admissione of Mr Robert Buchanane, Provest of Kirkheuch, to the
ministrie at the kirk of Syres, and transportatione of him from the
kirk of Forgane in Fyfe; the brethren that were appoyntit to visite
the said proces, having made their report to the haill Assembly, the
rights, reasons, and allegations of all the saids Presbytries being
heard and considerit, The Generall Assemblie decerns and ordaynes the
said Mr Robert to remaine minister at the kirk of Syres, and suchlyke
gives their power and commission to Mrs James Melvill, Robert Wilkie,
James Nicolsone, Alexander Lyndsay, and William Scott, givand them
power to elect and chuse out a discreet man, with consent of the
saids parochiners of Syres, to be adjoynit to the said Mr Robert as
minister and fellow-helper with him at the said kirk of Syres; with
power also to them to modifie how meikle of his stipend shall be
payit be the said Mr Robert, and how meikle be the saids parochiners
of Syres. And in speciall, the Assemblie recommends to them their
brother, Mr William Simpsone, minister at Bruntisland.
Forsuameikle as there is diverse partes of the countrey that for lake
of visitatione are become almost desolate, Therefore the Generall
Assemblie hes thocht good that certaine visitors be direct for
visiting of the bounds of Kirkcudbright and Wigtoune: Mrs David
Barclay, Alex^r. Scrymgeour, and Nathaneill Inglish; off the bounds
of Morray, Mrs George Hay and Androw Crombie; off the bounds of
Orknay and Cathness, Mrs Robert Pont, John Monro, elder, and John
Monro, younger; off the bounds of Ross, Mrs Alex^r. Dowglass, John
Carmichaill, and William Scott; and for Nithsdale, Mrs Robert
Wallace and John Welsche: with power to them to inquyre in the lyfe,
doctrine, and qualificatione of the ministry within the saids bounds,
to try the sayers and hearers of mass within the samen: with power
also to plant and transplant ministers unto such places as they shall
think most expedient for the glory of God and weel of the Kirk, and
to report to the nixt Generall Assemblie.
Because the Island of Errane lyes most commodious and adjacent to the
Presbytrie of Irwing, therefore the Assemblie annexis the same to the
said Presbytrie.
Anent the supplicatione given in be the Presbytrie of Meigle,
makand mention, That seeing the Presbytrie had united the kirks of
Essie and Niva to be and remain a congregatione under the charge of
ane pastor, at ane kirk to be biggit in the mids of the saids two
paroches presently; In respect of the fewness of the number [in] both
the saids paroches, not extending to the number of fyve hundreth
persones, partly in respect of the commoditie of the place, seeing
the farthest part of both the saids paroches will not be distant
halfe ane myle from the place qwhere the kirk sould be biggit, and
partly in respect of the impossibility of the moyen to sustaine
two sundry ministers at the saids kirks; Desyreing, therefore, ane
ratificatione of the unione in this Assemblie, together with ane
command to the brethren direct to the Estates conveint at Perth, to
crave the samyn to be ratifyit in the said Conventione--as at mair
lenth is conteint in the said supplicatione:
The Generall Assemblie ratifyes and approves the unione forsaid, and
suchlyke ordaynes the brethren appoyntit to gang to the Conventione
at Perthe to crave the said union to be ratified in the said
Convention.
Anent the appellatione persewit be the Presbytrie of Dumfermling frae
the decreit pronuncit be the Synodall of Fyfe, halden at Couper the
6 of March 1598, ffinding that the said Presbytrie had done wrang in
planting of the kirk of Dalgatie with the hurt and prejudice of the
kirk of Aberdour, being the greatest and most populous congregatione,
and the haill stipend beand but ane meine provisione, and therefore
decernand the haill stipend to remaine with the kirk of Aberdour:
The said Presbytrie of Dumfermling compeirand be Mr John Fairfull,
minister at Dumfermling, their Commissioner, and the Commissioners of
the Synodall of Fyfe being lykewayes present, with the Commissioners
of the Towne of Aberdour, the rights and reasones of both the said
parties heard and considerit, The Generall Assemblie decerns and
ordaines Mr William Patone, minister of Dalgatie, to serve the
cure of both the saids kirks of Aberdour and Dalgatie, and to have
assignit to him for his service thereat the haill old stipends of
Aberdour and Dalgatie before the divisione thereof for the cropt
1599, and yearly in tyme coming, ay and qwhill sufficient provisione
may be gotten for planting of both the saids kirks.
The Generall Assemblie grants libertie to Mr William Simsone, at
Bruntiland, to transporte himselfe from the said kirk, in respect
he hes servit thir many years bygane thereat, but stipend; and the
Queen’s Majestie and her Chalmerlands, qwho was in use of payment of
before of the ministers at the said kirk, refuiss to make payment to
the said complainer of the same, and therefore recommends him to the
Synodall of Fyfe, to have consideratione of him in planting of their
kirks.
The nixt Generall Assemblie is appoyntit to be halden at St Androis
the last Twesday of July 1601.
[SIXTY-FIFTH GENERAL ASSEMBLY.]
The Generall Assemblie of the Kirk of Scotland, holden at
Bruntiland, the 12th of May[45] 1601 year, In the qwhilk the
King’s Majestie with his Commissioners of the Nobilitie and
Burrows were present.
Sess. 1^{ma}. May 12.
Exhortatione being made be Mr Robert Wilkie, Moderator of the
last Assemblie, the brethren proceeded to the election of ane new
Moderator, and Mrs Patrick Galloway, Patrick Scharp, Patrick Simsone,
John Hall, and James Rowsone, being put in leets; be plurality of
votes Mr John Hall was chosen Moderator _hac vice_.
Sess. 2. Maii 14.
The qwhilk day the brethren having interet in consideratione of the
generall defectione from the puritie, practise, and zeall of trew
religione in all estates of the countrie, and how the samen must, of
necessitie, at the last, be concludit either in Papistrie or atheisme
within schort space in the righteous judgement of God, except some
substantious remedie be provydit thereto in tyme, and because the
evill cannot be well curit unless the originall springs and speciall
causes thereof be rypet up, Therefore the brethren, after mature
deliberatione and weighing of the causes of the said defection, hes
found the principall causes thereof to be as follows:--
Causes of the Defection from the Puritie, Zeall, and Practise of
trew Religion in all Estates of the Countrie, and how the same
may be most effectuallie remeadit, &c.
The principall causes of this fearfull change, no doubt, is the
just wrath of God kindled against the haill land for the unreverent
estimatione of the Gospell, and for the sinnes of all estates, and
dishonouring of thair professione, and makeing the name of God to
be blasphemit be the profane world without remorse--laicke of care
and diligence upon the part of the ministry in the discovery of them
that maks apostacie to papistrie, and negligence in executione of the
lawes and discipline against such as happens to be discoverit.
Want of pastors and unplantit kirks, and displanting of kirks, qwhilk
hes been provydit be the diminutione of the thirds.
Neglecting of places that are of chiefest importance to the interest
of Religion in not planting sufficient pastores thereat, such as
are hir Majestie’s hous, the Prince’s hous, the Earles of Huntlie,
Erroll, and Angus’ houses and places of their chiefest residence,
the Lord Hoome’s house, the Lord Heress’ house, and chief places of
their residence, the Town of Dumfreis, and uthers of the nobilitie
and greatest power within the countrey.
The overhastie admissione of men to the ministrie before they
be knawne to be of sufficient gifts and experience to discharge
fruitfully that hich calling in thir difficult tymes.
The negligence of the ministry in the advanceing of their knawledge
be ever continuall and constant reading of the Scriptures and
contraversies of the tyme, qwherthrow they might be able to bring the
consciences of their auditors in subjectione to the obedience of the
Gospell, and convince of the adversarie.
Negligence in the lyves of the ministry--not framing their
conversatione in gravitie as paterns of lyfe to the people, but
framing them excessively to the humours of men, especially in
communications at tables, and giving sumtyme examples of intemperance
in the light and prodigall abulziements of their families.
The distraction of minds qwhilk is supposed to be in the
ministry--the distraction qwhilk is supposed to be of his Majestie’s
mynde from some of the ministry.
The advancing of men suspect in religione, and knawne to be evill
affectit to the good cause, unto offices, honour, and credite in
court, counsell, and sessione, and wther rowmes of great importance
within the countrey.
The desolatione of the Kirk of Edinburgh, through the want of pastors.
The continuall residence and intertainment of the Ladie Huntly, ane
knawne and profest Papist, of Margaret Wood, sister to the Laird of
Bonytowne, and wthers knawne and profest Papists, in his Majestie’s
court and company.
The educatione of their Majesties’ children in the company of profest
and obstinate Papists, sic as the Ladie Livingstone.
The negligent education of the children of noblemen, and sending of
them out of the country under the charge of pedagogues suspect in
religione, or, at the leist, not weill grundit and confirmit therein,
to be broucht up and instructed in places qwher Papistrie is profest.
The impunitie of skippers, mariners, and owners of ships, that under
the name of passengers, transports from uther places, and brings
Papists, with their coffers, Seminarie Priests, Jesuites, and uthers
trafficquers within the countrey, and the impunitie of such as
carreyes and sparpells their books through the countrie.
The decaye of schooles and educatione of the youth in the knawledge
of good letters and godliness, especially to landwart, for lake of
sufficient provision to intertaine a qualified schoolmaster in places
needfull.
That men suspect in religione, and challengit therefor before their
Presbytrie and pastors, hes access to court dureing the tyme of their
proces.
That the late reconcilit Papists are not urgit to performe the
conditiones agreed to be them at their reconciliation to the Kirk.
Remedies of the former Evills.
The Generall Assemblie, having enterit in the consideratione of the
causes of the said great and fearfull defectione of all estates of
persones of this land from the trew and sincere professione of the
gospell, presently sounding within the same; and having found the
principall causes of this fearfull change to be, no doubt, the just
wrath of God kindlit against the haill land, for the unreverend
estimatione of the gospell, and for the sinnes of all estates, and
dishonouring of their professione, and making the name of God to be
blasphemit be the profane world without remorse: qwhilks horrible
judgments hes fallen in every estate, for the contemptuous hearing
of the word of God, in so far as there is nane that hes worthilie
esteemit the said precious word according to the dignitie thereof;
therefore, and for removing of the former evills and caus of farther
judgements, if they be not preventit be speedie repentance, the
Assemblie hes concludit and ordainit ane generall humiliatione to be
keepit solemnly throughout the haill land, with fasting and prayer,
two severall Sabbath days in all congregationes, both in burgh
and land, within this realme; and lykewise in burrow townes, the
haill week betwixt the said two Sondays, and the cause of the said
humiliatione to be only the sinnes of the land, be the qwhilks the
profession of the gospell hes been dishonourit, and the wrath of God
provockit; qwhilk generall humiliatione is ordaynit to be upon the
last two Sabbaths of June nixt to come.
The unplantit kirks wald be effectuallie recommendit to his
Majestie’s care, qwhais authoritie only is able to accomplishe that
wark; and for the better furtherance thereof, that his Majestie wald
cause take heed that the thirds be keepit unvitiat. Nothing more
necessar nor to have his Majestie’s houss, the Prince’s houss, the
Earles’ housses, and places of their residence, and wthers places
of chiefest importance, as the town of Dumfries, to be well plantit
with learnit, godly, and wyse persones; and qwhere the laike of
provisione might be ane hinder to the present planting, as at the
Earles’ houses, it were requisite for a tyme that the meetest for
that purpose, not being in places where the cause may be so far
interest be the want of a resident pastor, sould be transportit fra
their awn places, to remaine for ane quarter or halfe ane year, that
ane substantious meine may be found out for ane constant provisione
and planting of these rowmes, be qwhais labors, in the meantyme, the
Earles and their families might be confirmit in the truth, and the
enemies debarrit from their companies, and thereafter to return to
their awne charges; the Presbytries, in the meaneqwhile, taking order
for helping of their kirks in tyme of their absence; and to that
effect, ordaynes Mr George Gladstanes to be direct to awayte upon
the Earle of Huntlie; Messrs Alex^r. Lindsay and William Cowper upon
the Earle of Erroll; Messrs James Law and John Spotswood upon the
Earle of Angus; Mr John Carmichaell upon the Lord Hoome; Messrs David
Lyndsay and John Hall upon the Lord Heres.
That ane petition be given in to his Majestie and Secret Councill,
desyring that these qwham his Majestie knawes, or shall knaw
hereafter, to deale in favours of profest traffiqueing Papists
farther nor the lawes of the countrey shall permitt, shall be comptit
and holden as men suspect in religione, and shall not have the honour
to be in his Majestie’s house, counsell, or sessione.
That it be cravit lykewise of his Majestie and Secret Councill,
that all Papists, men and women, challengit be the kirk for their
religione, and not satisfyand the kirk for the same, be dischargit
from resort to court, qwhill they have satisfyit and bring from the
Presbytrie of their bounds ane sufficient testimoniall of their
obedience.
_Item_, For disobedience of the adversaries of trew religione
lurking within this countrie, it is ordaynit that every Presbytrie,
immediately after the dissolving of this present Assembly, take up
the names of the new communicants within their bounds, and send them
to his Majestie’s ministers with all expeditione, subscrivit be the
moderator and clark of the Presbytrie, and minister of the paroche,
and that from this tyme furth, at every Provinciall Assemblie,
the names of the non-communicants be tane up, and sent up to his
Majestie’s ministers.