[RESCINDED ACTS OF ASSEMBLY.]
In the Assemblie of the Kirk of Scotland conveint be his
Majestie, and halden at Linlithgow, anno 1606.
Sess. 3. 12. Decembris.
In lyke maner the Conference finding that nothing mair weakened the
credit and strenth of the ministerie and discipline of the Kirk
against Papists, nor mair emboldned the adversares to goe fordward
in their erronious course, than the appearances of division in the
ministrie amang themselves, and the alienatione quhilk seemeth to
be of his Majestie’s mynd from some of them: Therefore, for the
removeing of all eye lysts and shew of division and alienation of
mynds, either amang the ministers themselves, or of his Majestie’s
good affection and favour from any of them, was thocht ane soveragne
remedie for the effectuall suppressing of papistrie. And having
searched and found out the cause of the distraction, of alienation of
mynds forsaids in the ministrie, to be partlie a feare that some of
the brether was of purpose, and upon course to subvert the libertie
and discipline of the Kirk of Scotland, by removing the Sessiouns,
Presbytries, Provinciall and Generall Assemblies, or by vsurping in
their awn persons some sick tyrranous and vnlawfull jurisdiction
as is no wayes lawfull, neither to be tolerated in a truelie and
Christian reformed Kirk, and to shake off that obedience to all
good ordour and comelines, established or to be established by the
lawfull assemblies with his Majestie’s consent; and particularlie
a griefe that some of the brether now banished foorth of his
Majestie’s dominions, and uthers diseased, be long warding and
relegation from their habitations and charges: And finding lykewayes
be the declaration of his Majestie’s commissioners, and sick as
were privie to his Majestie’s mynd, that his Hieness was no less
grieved with divers formes and actions of some of the ministrie,
for not haveand due regard and care to vse sick course in their
actions and administration in the Kirk affaires, as might serve to
intertain a solid peace and quyetnes betweene his Majestie and
them, as lykewayes mutuallie amang themselves, and in speciall, that
the charge of their governement was oftentymes almost ordinarlie
committed to sick as, for lake of wisdome and experience, was no
wayes able to keep their estate in any good frame or quyetnes,
quherunto his Majestie imputed the chiefest cause of all the greifes
and troubles quhilk had fallen out this lang tyme amangst the
ministrie themselves, or any offence given be any of them to his
Majestie, and that his Majestie could not be satisfied quhill this
inconvenient were first removed, and a faithfull remedie provyded,
that thereafter the lyke sould not fall out, quhilk his Majestie
summarlie comprehended in this, if the affaires of the Kirk sould
be administrat be the wysest and most godlie; wheranent also his
Majestie’s speciall overture as heirafter followes, was prepared:
It is his Majestie’s advyse to this Assemblie, and pleasure, that
presentlie there be nominat in everie Presbyterie ane of the godlie
and most grave, of greatest authoritie and experience, and meitest
for governement, to haue the moderation of his Presbyterie quhere he
remaines, till the present sturres and fyre of dissention qwhilk is
amangs the ministrie, and the great prejudice of the authoritie and
credit, and the hinderance of the gospell and his Majestie’s high
offence, be qwenshed and taken away; and the noblemen and others
professing Papistrie within this kingdome so represt by justice
and execution of lawes, or be the labours of the ministrie and
discipline of the Kirk, that they be not able to hinder the course
of the gospell, or strenthen and encourage the credit and power of
laws against them, be committed unto the saids Moderators, and that
the Bishops in the Presbyteries qwhere they are resident, in ane
of the kirks of the Bishopric, have this care and burden committed
unto them; and seeing that it will crediblie fall out that in the
Presbytries, through the greatness of parties and the langsumnes
and difficultie of processe, the saids Moderators will sometymes
be constrained to referre the doing thereof to the Provinciall
Assemblie and the Moderator thereof, it is therfor his Majestie’s
advyse and pleasure that the Moderator of the Provinciall Assemblie,
and persewing of actions of greatest difficultie be comitted unto
the Bishop makand lawfull residence within the said province, or to
the worthiest of them qwhen it sall happen moe than ane to be in
ane province, in respect that his Majestie hes bestowed upon them,
moyane and places qwherby they may be able to beare out the charges
and burden of difficile and dangerous actions qwhilk other ministers
were not able to sustane, and lykewayes by their credit and place in
counsell, are able in sick causes, to procure greater celeritie and
execution of justice as in sick cases will be requisite, than vthers.
The Conference having advysed, first anent the taking away of the
forsaids fiers and suspition and satisfaction of the greifes, and
willing to understand of his Majestie’s Commissioners, and sick as
latelie had been acquainted with his Majestie’s intentions, and
willing lykewise to heare the declaration of the Bishops thereanent
as touching their owne intentions and purposes in this errand: It was
declareit, that it was not in any wayes his Majestie’s purpose and
intention to subvert and overthrow the present discipline of the Kirk
of Scotland, but rather to augment and strenthen the samen so farre
as it could serve for the well of the gospell and the restraint of
vyce, and to sie sick eyelists and offences as in the administration
thereof was the occasion of just miscontentment unto his Majestie,
and a hinderance to the credit and authoritie of the ministrie
themselves, removed and tane away, be sick good overtures as is after
expressed.
In signe quhereof, as there is nothing done in derogatione of the
halding of the Session, the Presbytries and Provinciall Assemblies,
so it was never his Majestie’s intention, but that the keeping of
Generall Assemblies at certaine competent tymes was, and is a most
necessarie mean for the preservation of peace and union in the Kirk,
and extermination of all heresie and schisme in the same: Therefor
his Majestie doeth graceouslie declare, that as the Act of Parliament
doeth still stand in full force and effect for the conveining of
Assemblies anes every zeir by his Majestie’s direction, so it is his
Majestie’s will that the day of conveining the next Assembly sallbe
at Edinburgh the last Tuesday of July.
Sicklyke, the haill Bishops declarit that it was not their intention
to usurpe and exerce any tyrannous and unlawfull jurisdiction
and power over the brethren, nor to ingyre themselves any wayes
unlawfullie in the Kirkes governement, or any part thereof, farder
nor sall be committed to them be the Presbytries, Provinciall or
Generall Assemblies; and if it sould happen to fall out that they, or
any of them, sould be found to doe [in] the contrair, then, and in
that case, they were content to submitt themselves unto the censure
of the Kirk, als humblie as any other of the brether of the ministrie.
In lykemaner, it was declared that his Majestie, according to his
occasiones,[51] lang ammitie and patience towards sick as happened to
offend him of the ministrie, had delayed for a very lang tyme to give
foorth any sentence against the brether now banished, still hopeing
that by their good behaviour and humble sute for his Hienes’ pardon
and favour, his Majestie have occasion to shew his clemencie towards
them; and albeit his Majestie beand justlie provocked, was moved to
give forth his will anent their banishment, Yet imediatlie, being
requested in their favours be the Bishops and other brethren there
present with them, it pleased his Majestie to declare that their
want of his favour proceidit upon their awin default quho had never
humbled themselves to seek his pardon as became them.
In respect quhereof it was thoght meit to direct the Bishop of
Edinburgh,[52] Mrs Patrick Sharp, Patrick Gallaway, Robert Wilkie,
Jo^n. Strauchane, W^m. Hall, Jo^n. Hay, with the Moderator of the
Assemblie, to write a letter to the said brether in their name,
[givand them advyce so to frame and send their humble] sute to his
Majestie for his pardon and favour to them as may give his Majestie
greatest satisfaction, and that the Assemblie earnestlie requeisted
his Majestie’s Commissioners and others Noblemen employed be his
Majestie to this Assemblie, so soone as their said supplication sould
come from them of the tenor forsaid, to concurre be their credit
and intercession with his Majestie, to procure them to be [made]
partakers of that gracious favour quhilk his Majestie at no tyme
heirtofoir refused to any of that profession quhom he fand willing
to acknowledge and amend their oversight, and have recourse to his
clemencie; for the quhilk declaration the Conference praised God, and
thoght good that the brethren sould be written to as is befoir said,
and be the brethrin befoir named.
Thereafter, having considered the overture proponed to them in his
Majestie’s name, and finding it in shew, to carie some appearance of
novation in the discipline of the Kirk, and fearing that it might
bring with it some inconvenients: Therfor the Conference wald not
take on them to determine their advyce theranent, quhill first the
mater were exactlie resolvit in their presence, and sufficient remeid
provyded for preventing all inconvenients might follow thereupon:
Whereupon a good number of the most learned, godlie, and wysest of
the brethren of the Conference, being appointed to reason and heare
ane after another; and having exactly and at good length reasoned
and examined quhatsumever inconvenients might follow upon the
establishing of the said overture, it was considered and found at
last to be ane universall voyce and consent of the whole Conference,
but contradiction, that the said overture was both wise and godlie,
and tending many wayes to the well of the Kirk: Provydeing that
certaine cautions were observed for preventing such evils as might
happen to fall out incase the said Moderators, or any of them,
[should] either arrogantlie presume to usurp any farder power in the
saids Presbyteries and Assemblies than it is comelie and lawfull
for Moderators in sicke cases to doe, and presentlie and without
innovating and altering at their owne fantassies, and at their owne
hands, the custome that the discreit Moderators have used and aught
to use in that place, or utherwayes be found remisse in proponeing
or prosecuting any good purpose or overtouris quhilk sould be giuen
in be the brethren or any of them to the saids Presbyteries and
Assemblies, and according to the doubts quhilk in reasoning were
found out and feared, the cautions following were aggried upon:
1. That it be provyded that the Moderators of Presbytries and
provinciall Assemblies to be nominat and chosen according to his
Majestie’s overtures, sall presume to doe nothing in the Presbytries
and provinciall Assemblies where he moderateis, without the speciall
advyse and consent of the brethren.
2. That the acts of the Generall Assemblies and caveats therein
prescryved anent Bishops be observed.
3. That they sall vse no jurisdiction or power farder than the
Moderators of Presbytries and provinciall Assemblies has bein in use
of, be the constitutions of the Kirk befoir.
4. Incase it sall happen the Moderators of Presbyteries and
provinciall Assemblies to be absent the time of the convention, then
it sall be in the power of the saids provincialls and Presbytries, to
nominate and choose out the wisest and gravest or their brether, to
moderat their meitings in absence of the saids Moderators.
5. Quhen the place of the Moderator in any Presbyterie sall happen to
vaike, the election of another to succeed in his rowme, sall be made
be the whole provinciall Assemblie, with consent of his Majestie’s
Commissioners, if any happen to be there present for the tyme.
6. And when any of the saids Moderators sall happen to depart this
life betwixt Assemblies, it sall be lawfull to the Presbyteries to
nominat ane of the gravest and worthiest of the number to continue
in the Moderation of the Presbyterie qwhill the nixt provinciall
Assemblie.
7. The Moderators of the Presbyteries sall be subject to the tryall
and censure of the Provincialls; and in case it sall happen that
they be found to be remisse in the discharge of their duetie, or [to
have presumed] to usurpe over their brethren any farder power than
is given them be their Assemblie, it sall be ane cause to them of
deprivation from their office of Moderator, and they sall be depryved
therefra be the saids provincialls.
8. In lykemaner, the Moderator of the provinciall Assemblies sall
be tryed and censured be the Generall Assemblie; and if he be found
there to have been remisse from his office of Moderation, or to have
usurped any farder power nor the simple place that ane Moderator, he
sall be depryved fra his said office of Moderator be the Generall
Assemblie.
9. That the Moderator of ilk Presbyterie and provinciall Assemblie,
with the scrybes being chosen, faithfull, wise, and formall men,
be astrictit to be present at all Generall Assemblies as members
thereof, and to have the rigor of the acts and proceiding of the
Presbytries and provincialls there present with them, that their
fidelitie and diligence may be sein be the Generall Assemblie, and
the estate of the countrey therby knawen.
10. That it sall be leisum to ilk Presbyterie to send Commissioners
to the Generall Assemblie, by and attour the Moderator and Scrybe,
two or thrie, according to the act of our Assemblie anent the
Commissioners of Presbyteries, if they sall think it expedient.
11. Farder, it is heirby declared, that notwithstanding of any thing
done at this tyme, the Sessions, Presbyteries, Provincialls and
Generall Assemblies, are to be observed, keeped, and obeyed as they
have bein heirtofoir.
12. That the Moderator of the Generall Assemblie be chosen be vote of
the said Assemblie, certaine leits being first nominat and proponed
frielie, as use hes bein in tymes bypast.
13. That in everie Provinciall Assemblie where there is no Bishop
makand actuallie lawfull residence, and haveand the Moderation of
ane of the Presbyteries, the Moderators of the (meitest of the)
Presbyteries within the said province beand proponed on leitt, the
meitest of them sall be chosen be the said Assemblie Moderator
thereof, his Majestie’s Commissioners’ consent there present beand
had therto.
And farder, the Conference having examined the rolls of ilk
Presbyterie, to sie if any was meiter to use the office of moderation
than these quhilk befoir hes bein nominat to have the care of the
dilation of Papists and uncommunicatis, they fand in their judgement,
that the same persons was of all uthers, in everie Presbyterie,
meitest alsweill to moderat as to haue care of dilation forsaid;
reserveand alwayes unto the ministers of ilk Presbyterie there
convinit, their awne priviledge and power, to nominat unto the
Assemblie, a meiter if any be in the Presbyterie for the moderation;
and therfor the said Conference finds it expedient, that the persons
forsaids accept and take upon them presentlie the said office
of moderation within the Presbyteries respective, and that the
Presbyteries embrace and allow of them; and for this effect, that the
saids Moderators and Presbyteries be requeisted therunto earnestlie
be this Assemblie, and if neid beis, lykewayis charged that the Kirk
of God be not long frustrat of the comfortable effects that the
forsaid ordour is able shortlie, be the grace of God, to produce.
This overture beand proponed and declared at lenth in presence of the
full Assemblie, everie article and heid thereof was with ane uniforme
consent and allowance of all, without contradiction, except only so
farre as concerned the Moderators in moderating of Presbyteries,
and their continuance of the office of the Moderator bezond the
accustomed tyme, quheranent certaine doubts beand proponit and
satisfied, and the Bishops haveand given their declaration foorth of
their awne mouthes anent their intentions and purpose, to be subject
unto the acts and caveats of the Generall Assemblies, and to make
residence within such a space as sould be limitated to everie ane of
them be this present Assemblie; and if it sould be found expedient
for the well of the Kirk, that other meiter and more worthie than
they, to possesse and occupie their places, to demitt their benefices
at the pleasure of the Assemblie; his Majestie’s consent [and
approbatione] beand had thereto, wherein they promised, and if neid
were, to be earnest suitars at his Majestie’s hands. Lykeas some of
them declared, that they had alreadie most humblie craved the same
of his Majestie for the respect they had to take away all offence
from their brethren, provyding alwayes if aither, upon his Majestie’s
advyse or probation to the Assemblie, or their awne supplication, the
Generall Assemblie be moved heirafter, to grant them any relaxation
of any of the caveats, quhilk upon good reason might appeare to the
said Assemblie to be over strait, that this their promise sall make
no derogation to the libertie quhilk the Assemblie heirafter sall be
moved to grant them.
It was voted, and be pluralitie of votes concluded, to witt, his
Majestie’s Commissioners, whole Nobilitie, Erles, and Barrons, to the
number of threttie-three, together with ane hundreth twentie and saxe
of the ministrie votting affirmative, that the said overture anent
the continuance of the Moderator qwhill the present division of the
kirk be removed, and the whole brethren broght to the unitie of mynd
and affection qwhilk is agreeable to their calling, and may serve
best to the furtherance of the cause of God, and overthrow of all
contrarie cause, and the Papists alse fullie reprist or brocht to the
obedience of the gospell, sould passe and be enacted as ane of the
conclusions of this Assemblie;--the forsaids caveats beand alwayes
keeped be everie ane of the saids Moderators, and the contraveeners
censured and punished as is befor expressed--foure only of the whole
Assemblie be their votes disassenting therfra, and uther foure
refusing to vote for want of commission fra their presbyteries, and
twa beand _non liquet_.
Extract foorth of the Book of the Acts of the Assemblie at
Lynlithgow, and subscryvit be the Moderator and Scrybe thereof.
_Sic Subscribitur_,
JA. NICOLSONE, _Moderator_.