Sess. 5. Martii 9, [Post Meridiem.]

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.

The Booke of the Universall Kirk of Scotland Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained. · 第 131 / 182 题