_The Names of the Moderators of Presbyteries._
_Zetland._
Mr James Pitcairne.
_Orknay._
The B. of Orknay, in his absence
Thomas Swintone, upon his expenses.
_Caithnes._
The Bishop of Caithnes, and in his absence
Samuel Bruce, upon the Bishop’s expenses.
_Taine._
Mr Johne Ros.
_Ardmannath._
Mr George Monro, to be payed by the
B. of Ros qwhile he be resident
there himselfe.
_Innernes._
Mr James Bischop.
_Forres._
Mr James Dundas.
_Elgin._
The B. of Murray.
_Dumblane._
Mr Robt. Howie, and failzeing of him
Mr George Chalmers.
_Cullen._
Mr George Douglas.
_Bamff._
Mr George Hay.
_Deir._
Mr Archbald Sibbald.
_Ellone._
Mr John Reid.
_Garioch._
Mr Robert Burnett.
_Aufurd._
Mr Alexr. Guthrie.
_Kinkardin Oneill._
Mr John Strauchane.
_Aberdein._
The B. of Aberdein.
_Mernes._
Mr Andro Ramsay.
_Brechin._
Mr Dugall Campbell.
_Aberbrothok._
Mr Arthur Futhie.
_Dundie._
Mr Jo^n. Ramsay.
_Megle._
Mr George Nicolsone.
_Perth._
Mr Alex. Lindesay.
_Dunkeld._
Mr W^m. Glass.
_Couper._
Mr W^m. Scot, and till his return
Mr Johne Caldcleuch.
_St Androis._
The B. of St Andrews: in his absence
Mr W. Wilkie, to be payit be the B.
_Kirkadie._
Mr Jo^n. Michelsone.
_Dunfermling._
Mr Jo^n. Fairfull.
_Auchterardour._
Mr John Davidsone.
_Striviling._
Mr Patrick Simsone.
_Lynlithgow._
Mr Ro^t. Cornwall.
_Edinburgh._
Mr Jo^n. Hall.
_Dalkeith._
Mr George Ramsay.
_Haddingtoun._
Mr James Carmichaell.
_Dunbar._
Mr Edward Hepburne.
_Chirnesyde._
Mr Jo^n. Clappertoun.
_Dunce._
Mr David Hoome.
_Melros._
Mr Jo^n. Knox.
_Kelso._
Mr James Knox.
_Jedburt._
Mr Jo^n. Abernethie.
_Twidaill._
Mr James Logane.
_Lanerick._
Mr W^m Birnie.
_Hamiltoun._
Mr Ro^t. Dalkeith.
_Glasgow._
The B. of Glasgow, and in his absence
Mr Patrick Sharp.
_Paislay._
Mr Jo^n. Hay.
_Dumbarton._
Mr Jo^n. Blackburne, and quhill he
make residence,
Mr W^m. Stewart.
_Air._
Mr Jo^n. Inglis.
_Irwing_.
Mr Alex^r. Scrimgeor.
_Dumfries._
Mr Thomas Ramsay.
_Kirkudbright._
The B. of Galloway, and in his absence
Mr Ro^t. Glandynning.
_Wigtoun._
Mr James Adamsone.
_Argyle._
The B. of Argyle.
_Isles._
The Bishop, and in his absence
Mr Ro^t. Steuart, and on his expenses.
Extract.
_Sic sub^r._
JA. NICOLSONE, _Moderator_.
MASTER HENDRIE PHILP, _Scrybe_.
The Generall Assemblie of the Commissioners from the Presbytries
of the Kirk of Scotland, halden at Lynlithgow, the 26th of July
1608--in the qwhilk were present the King’s Commissioner, viz.
the Earle of Dumbarr.
Sessio 1^{ma}, Julij 26, 1608.
Exhortatione beand made be Mr Pat. Galloway, Moderator of the last
Assemblie, the brethren, after the accustomed manner, proceedit to
the election of the Moderator of this present Assemblie; the leets
being nominat, Mrs Patrick Scharp, James Law, Bishop of Orknay, John
Mitchelsone, Pat. Lyndsay, John Hall, and Patrick Simpsone;--be
plurality of votes, Mr James Law was chosen Moderator _hac vice_.
The Assessors appoyntit to conveene with the Moderator in the privie
conferrence for treating of such things as are to be concludit in the
Assemblie are these: The Earles of Dumbarr, Wigtone, and Lawthiane,
with the Collector-Generall, his Majestie’s Commissioners, the
Earles of Glencairne and Kinghorne, the Lords Grahame, Lindsay,
Lowdane, Blantyre, Halyrudehouse, the Lairds of Balmanie, Kynnaird,
Kilsyth, Carnell, the Bischopes of Caithnes, Mr William Dowglass,
the Bischop of Aberdeene, Mr George Hay, the Bischop of Brechine,
Mr Andrew Leitche, Mr Patrick Lyndsay, Bischop of St Androis, Mr
John Mitchelsone, Mr Patrick Simsone, Bischop of Dunkeld, Bischop of
Dumblaine, Mrs Will. Cowper, Patrick Galloway, John Hall, David Home,
John Knox, Bischop of Glasgow, Mr Pat. Scharp, Bischop of Galloway,
Mr Alex. Scrymgeour, Mr William Hamiltone, Mr Thomas Ramsay, Bishop
of Argyll.
The hours of meeting appoyntit to be, for the privie conferrence,
aucht hours in the morning and two afternoone, and for the Assemblie
nyne houres in the morning and three afternoon. The brethren
appoyntit for reading and answering the bills are Mrs Arthure Futhie,
Henry Philp, John Clappertoune, John Reid, Peter Hewat, Edward
Hepburne, and John Hay.
Sess. 2^a, Julii 27.
Forsuameikle as ane of the maist speciall causes of the convention of
this present Assemblie is for suppressing of papistrie and idolatrie,
qwhilk dayly mair and mair increases within this realme, and
repressing of Papists, Jesuits, and Seminarie Priests, qwhois number
still mair and mair increases within the same, to the great dishonour
of God and overthrow of trew religione profest within this realme, if
the same be not with some solide remead obviat in tyme: Therefore it
is thocht expedient be the Assemblie, that before all uther things,
this article concerning Papists and Papistrie be first advysit upon
and concludit: And to the effect the Assemblie may the more solidlie
and with the greater light proceed in the said matter, therefore they
have ordaynit that the Commissioners of every Synod at the rysing
of this Sessione conveine themselves severallie, and make ane roll
conteining the number of Papists and the names of them within the
bounds of their Synod: 2. The causes why Papistrie, Superstitione,
and Idolatrie is come to so great ane height within this realme:
3. The remedies for suppressing all sorts of Papists and Idolaters
within the same, viz. Papists already excommunicat, Papists qwho hes
sworne and subscrivit to the treuth, and yet refuises to imbrace the
same, and Papists that in word profess the truth, but in doctrine and
deid contrairs the same: 4. What forme of proceeding every Synod hes
usit against the Papists within their bounds: Quhilks articles the
saids Synods shall put in wreit, and delyver the same to the Privie
Conferrence at three afternoone.
It is lykewayes ordaynit that every Synod shall make ane particular
roll of the names of such as are receipters of Jesuits, traffiqueing
Papists, and Seminarie Priests within their bounds, and delyver the
same privilie to the Earle of Dumbar, his Majestie’s Commissioner, to
the effect order may be taken thereanent.
_Item_, Because the Marques of Huntlie hes been lang under proces and
censure of excommunicatione before the Synods of Aberdeen and Morray,
and in respect of his continuance and indurat superstitione of
Papistrie and Idolatrie, they have orderly led and deducit the proces
unto the finall sentence, the pronuncing quherof hes been continowit
be them from tyme to tyme, upon hope of his Lordship’s amendment and
turning from Idolatrie and Papisticall superstitione to the trew
religion presently professit within this realme, and because they
finde no hope of the same, but be the contrair greater obstinacie:
Therefore the haill Assemblie in ane voyce decerns and ordaynes the
sentence of excommunicatione to be pronuncit against his Lordship,
with all possible diligence, and continows the declaratione of the
place quhen the same shall be done and be quhom, to the nixt Sessione.
Sess. 3^a, 27 Julij.
Quhilk day, in presence of the haill Assemblie, compeirit Sir Thomas
Kar of Hircha, Knight, in name of George Marques of Huntlie, and
presentit ane supplicatione in name of the said noble Lord beirand as
followis: Because that conscience is the only argument that movit me
this wayes to protract tyme till I had perfect resolutione, and being
far from an opinator, or ane that is given over to self-will, as
appearit be my yielding to hear conferrence, and, lastly, be my going
to the Kirk. I first wald have cravit, if possibly it might have
been done, that I might have been heard with myne own mouth, that I
might most heartilie intreatit that ane tyme might be condescendit
on by your worships, within the quhilk, as it shall please you to
conclude, I offer either to satisfy the Kirk, or presently to find
surety under great soumes to avoyd the countrey before this day to be
prescryvit be your worships. _Sic subscribitur_, HUNTLIE:
And conforme thereto desyrit the same to be considerit, and requests
in respect of the offers therein conteinit the pronouncing of the
sentence of excommunicatione against his Lordship to be continowit.
Quherwith the haill Assemblie being ryplie advysit, fand the offers
conteinit in the supplicatione to be very frivolous, and no wayes
inclyning to obedience and satisfactione; in respect quhereof, and
for many other causes, and in speciall, because his Lordship, be
his band, subscrivit with his hand upon the last of Junii 1608,
presently produced in face of the Assemblie be the Commissioners
of Aberdene, band and obleist himself to satisfie the Kirk, be
communicating betwixt the date thereof and the 17th of July last
bypast, otherwayes the ministrie to proceed with the sentence of
excommunicatione against him, as in the said band at mair lenth is
conteint: Therefore, the Assemblie, all in ane voyce, ordaynes the
sentence of excommunicatione presently to be pronuncit against him be
the Moderator of the Assemblie, in face of the haill Assemblie, but
ony delay; conforme to the qwhilk ordinance, Mr James Law, Bischop
of Orknay, Moderator of this present Assemblie, in face thereof,
in maist solemne forme, pronuncit the sentence of excommunion
against George Marques of Huntlie; qwhilk sentence is ordaynit to
be intimat in all the kirks of this realme be the ministry the next
Sonday immediately after their returning from this Assemblie; and
in speciall, they command and ordayne the brethren of the Synod of
Aberdeen and Morray to intimat the said sentence in their kirks
immediatelie after their returning, and inhibites and maist straitly
charges them, and every ane of them, that they receave nae offers of
satisfaction frae the said Marques, but be speciall advyce of his
Majestie and the kirk had therto.
The Commissioners appoyntit in the former Sessione for giving in the
names of Papists, the causes of their increase, and remedie to obveat
the same, producit their particular rolls, containing the saids
heads, qwhilk the Assemblie thocht good sould be revisit, abridgit,
and put in order be the Bischop of Glasgow, Mr Pat. Simpsone, Mr
Wm. Cowper, John Clappertoune, John Hall, and George Hay, to the
effect the samen might be presentit be them to the privie conferrence
the next morning, that after, they may be intreatit in face of the
Assemblie.
Sess. 4^a, Julii 28.
Forsuameikle as the brethren of the Presbyterie of Glasgow and Synod
of Clyddisdale quho were appointit to deall and conferre with William
Earle of Angus, Lord Dowglass, for bringing of him from blindness and
superstitione of Papistrie and Idolatrie to the acknowledging of the
trewth profest within this realme, did testifie in presence of the
Assemblie, that they saw no appearance in his Lordship of conversione
from his errors, but that rather by all evident tokens he was the
more obstinat and obdurat in heresie of Papistrie, quhilk he some
tyme abjurit before be subscryving of the trew religione presently
profest within this realme: Therefore the Generall Assemblie ordaynes
the Presbyterie of Glasgow to proceed against the said Earle with the
sentence of excommunicatione conforme to the censures of the Kirk,
with all possible diligence, and that they pronunce the said sentence
against him betwixt and the 18 of September nixt to come, to quhom
the Assemblie committs their haill power to that effect; discharging
and inhibiting any of them to receave any offers of him for absolving
of him from the said sentence, without the advyce of his Majestie and
Commissioners of the Assemblie had and obtaynit therto.
Forsuameikle as the brethren of the Presbyterie of Perth quho were
appoyntit to deall and conferre with Frances Earle of Erroll, for
bringing him from blindness and superstitione of Papistrie and
Idolatrie to the acknowledging of the treuth presently profest within
this realme, did testifie in presence of the Assemblie that they
could see no appearance in his Lordship of conversione from his
errors, but rather be all evident tokens he was the mair obstinat
and obdurat in his erracie of Papistrie, quhilk he sometyme abjurat
before be subscryving of the trew Religion presently profest within
this realme: Therefore the Generall Assemblie decerns and ordaynes
the Presbytrie of Perth to proceed against the said Frances Earle of
Erroll with the censures of the Kirk, until the finall pronuncing
of the sentence of excommunicatione against him inclusive, with all
possible diligence, and that they pronounce the said sentence betwixt
and the 18 day of September nixt to come; to quham the Assemblie
committs their full power to that effect, discharging and inhibiting
any of them to receave any offers from the said noble Lord for
absolveing him from the said sentence, without the advyce of his
Majestie and Commissioners of the Assemblie had and obtained thereto.
Forsuameikle as be the declaratione of the brethren of the Presbytrie
of Irvine, it was made known to the Assemblie, that after long
dealing and conferrence had be them with the Lord Semple for
bringing him to the acknowledging of the truth and imbracing of
the sincere religione, they could not reap any good fruit of their
labours and travills taken with him, but be the contrair he still
continowit obstinat and indurat in his detestable error of Papistrie
and Idolatrie, to the great hurt and evil example of the rest of
the country: Therefore the Generall Assembly presently convenit,
charges straitly and commands Mr Alex. Scrymgeour, Moderator of the
Presbytrie of Irvine, under the pain of infamie and deprivatione
from his functione, to pronunce the sentence of excommunicatione
against the said Lord Semple, in the Kirk of Irvine, upon Sonday the
14th of August nixt to come, after the sermone, but any delay or
impediment quhatsoever, and that the haill brethren of the Ministrie
within the bounds of the Synod of Kyle, Carrick, and Cuninghame,
intimat the sentence of excommunicatione so pronuncit against the
said Lord Semple, every one of them at their awne Paroche Kirkes,
upon Sonday nixt and immediatly following thereafter; discharging
also and inhibiting the said Moderator and remanent brethren of the
said Synod, to receave any offers or satisfactione from the said Lord
Semple, but advyce of his Majestie and Commissioners of the Generall
Assemblie had and obtained therto.
Sess. 5. 28 Julii.
The brethren appoyntit of before for reviseing and putting in order
of the causes of the increase of Papistrie within this realme, and of
the overtures for remeiding and suppressing of the same, gave in the
saids causes and remedies thereof, of the quhilk the tenor follows:--
The causes of the increase of Papistrie within this realme are
thought either to aryse of the pairt of the Ministrie, or else of
wthers causes arysing from the Ministrie: First, their negligence to
see the youth in every paroche brought up in the knowledge of the
trewth by catechiseing, and careless to urge provision for Schooles
within their bounds.
Secondly, The rasche and sudden admissione of men to the ministrie
that are not able to withstand and convince the adversary in the
dayes of apostacie.
Thirdly, The laike of care in ministers to mark the offences, viz.
to consider the course of the enemie, and to discover and dilate
Jesuites and traffiquers against religione, and uthers pervertit be
them.
Fourthlie, The distraction aryseing amang the ministrie, quhill as
diversitie of judgment hes drawne them unadvysedly to contrarietie of
affectiones, breeding carnall contentions among themselves.
Overtures for remeiding of the Causses forsaids.
First, That it be of new inactit, that all ministers examine young
children of the age of sax yeares, and try that they have the Lord’s
Prayer, Beliefe, and Commandments, in the quhilk their parents shall
be halden to instruct them before the saids years, together with some
schort forme of grace before and after meat, as also some schort
morning and evening prayer, and againe, that their growth in greater
knowledge of religione be tryit, that afterwards it may please God to
grant increase of knowledge at the age of fyftein or saxtein years,
they may be admitted to the holy communione.
Secondlie, That the Apostles precept be remembrit;--Lay hands
suddenly on no man--And according to it, that for closeing of the
doore upon the affectiones of men, some longer tyme be ascryvit for
admission of men to the ministrie; the exception of rare gifts being
reservit to the judgment of the Generall Assemblie.
Thirdly, That ministers quho shall be found after tryall to
have delayit the executione of discipline against Papists upon
negligence--that is, either not beginning proces, or, if it be
begune, not ending the same within halfe ane year, shall losse ane
year’s stipend; and these that shall be fund to have done it upon
some corrupt favour, shall be simplie deposit.
Fourthly, That there be recommendit to the ministry ane holy caire
mutually to eschew offences, and follow peace and love, quherunto we
are callit: the meanes for removing of such offences is referrit to
the Generall Assemblie.
Causes of the Growth of Papistrie as they are conceavit, aryseth of
utheris.
First, The overseeing of Seminarie Priests and Jesuites to traffique
within the land, for perverting of such as hes not occasione to go
out of the countrey, and impunitie of such as hes receaved them,--as
also, that liberty that evill disposed persones, voyde of knowledge,
hes taken of the injurie of tyme, to bring hame the books of apostats
and professit Papists.
2dly, The preferment of men suspect of religione to publick offices
within this realme.
3dly, The favour schawne be these that are in authoritie to
traffiquers and excommunicat Papists after they had been apprehendit
and wardit, sic as the Abbot of New Abbay and uther Mess Priests,
dimittit as is thought out of ward, not without reward and without
all warrand of his Majestie, and presently tollerat in the countrie
without persute, quhilk hes not only wrought ane coldness of
religione in the hearts of many people, but also nourishit ane false
opinione of his Majestie, quhilk opinly bursts out in the mouths and
speeches of many.
4thly, That qwheras Presbytries are proceeding in the triall of mess
sayers and messe hearers, impediment is made be the Lords of his
Majestie’s Councill, either by advocatione before the Lords, or
dispensatione to such as are excommunicat, or by contramanding the
Presbyteries to desist under the paine of hornying; and that the
executione being producit against any persone before the judges, the
same is not regardit, but proces grantit unto him as if he were ane
member of the kirk not excommunicat.
5thly, The great libertie grantit to the subjects of this kingdome to
repaire unto such pairts qwhare nothing is taucht but defection from
religion and treason against lawfull princes, and no securitie taken
for their constancie, and in speciall, the sending of noblemen’s
sonnes by such as are in authoritie, furth of the land, by such
convoy as may delyver them into the hands of Papists to be pervertit
in religione, qwhereupon many of them are become apostates.
Lastly, The want of preachers in many congregations in this land, so
that in ane province thirty-ane kirks are found to be vaickeand, and,
in others, some seventeen, as in Nyddesdale, and uthers throw many
pairts of the land.
Overtures for remedieing the Causes forsaids.
First, That ane commissione be grantit be his Majestie to the Bischop
of every Synod with such well affected noblemen and gentlemen as the
Commissioners of the Generall Assemblie shall nominat, to apprehend
traffiqueing Papists, Jesuites, and Seminarie Priests that does haunt
within their bounds, with power to charge the receipters to make open
dores and delyver them, under the paine of treasone.
Secondly, That his Majestie be humbly intreatit, that no Papists nor
suspect of Papistrie, beare charge in Councill, Sessione, Government
of Townes, nor uther Publick Offices; and if there be any in the
estate presently quhom his Heines knawes in his awne wisdome, to be
men evil affectit towards religione, that his Majestie wold take
order therwith.
Thirdly, That his Majestie will give order for executione of his
Heines lawes against Papists and traffiquers with all rigour, and
that no favour be grantit be any officer of estate without his
Majestie’s privitie, under the paines of incurring his Majestie’s
hiche displeasure; as also, that the Councill make no impediment to
the letters of hornying to discharge the proceeding of Presbytries
against the persones forsaids.
Fourthly, That Papists quho ance have been knawne professors of
Papistrie, and for eschewing of civill paines or hope of preferment,
will abjure their religion, that his Majestie will please to cause
inact, that it shall not be lawfull to such to injoy any office
or honor in the Commonewealth, notwithstanding of their oath and
communicating, untill fyve yeares probatione had been taken of their
constancie and sinceritie in professing of the truth.
Fifthly, That the Act made at Bruntiland concerning the sonnes of
noblemen and uthers passing to uther countries be considerit and
confirmit, quhereof the tenor follows: Item, for eschewing farther
evill quhilk might come to the estate of Religione be the evill
educatione of the youth furth of the country, it wold be cravit of
his Majestie and Secret Counsell, that sic noblemen and uthers as
directs ane pedagogue be knawne godly and of good religione, learnit
and instructit in the same, and approvit in his religione be the
testimoniall of his Presbytrie;--that their remaining furth of the
countrey be in places qwher the Religione is presently profest,
or at the leist qwhere there is no restraint of the same be the
cruelty of inquisitione;--that dureing the tyme of their absence
they shall not haunt any idolatrous exercise of religione, and such
as hes not the moyen to sustaine ane pedagogue with their sonnes
forth of the countrey, that they send them to such pairts quhere
there is no restraint of religione; and in caice their sonnes, after
their departure out of the countrie, haunt these pairts where the
profession of the trew religione is restraint, that they find caution
not to intertaine them: And in caice any that passes furth of the
countrie imbrace any uther religione then that qwhilk is presently
professit within this realme, and this to be ane exceptione against
their service of their brives, and at the tyme of admission of any
of them to any office or honors; and in caice any of their parents
contraveen any of the premisses, that they incurre such paine as his
Majestie and Secret Councell shall modifie, and that such as are
already out of the countrey either be callit back againe before ane
day to be appoyntit be his Majestie and Secret Councell, or else
that their parents be subject to the lyke conditiones as is before
sett downe, with such other additions to be eikit be his Majestie
as his Heines shall think expedient; and in speciall, for better
explanatione heirof, that at every service of any man as air to his
father or any his predicessors, he be not servit be the Sheriff or
any wther ordinar Judge to burgh or land, as air to his father or any
of his predicessors, butt the testimony of the Bishop or Moderator of
the Presbytrie quhare he dwells, beirand the confession of his faith
and integritie of religione presently profest within this realme.
Saxtly, That the sonnes of such noblemen as profess Papistrie be
delyverit to the custodie of uther their noble friends that are of
religione, to be brought up in the knawledge of the truth.
Seventhly, That the searchers of merchandise brocht hame from beyond
sea, be commandit to sease upon all books brocht hame, and put them
to be tryit be the ministrie of the Presbytrie unto the quhilk they
arryve, and that all book-sellers lykewise doe the same before they
make open sale thereof, under the paine of confiscatione.
Auchtlie, That excommunicat Papists, especially such as be of ranke,
be apprehendit and put in close ward, and none have accesse unto them
except such as are of religione presently profest.
Ninthly, That his Majestie give order for the down casting of Gicht’s
chappell, the house of John Cheine in Esselmonth, quho receipts all
Jesuits and Seminarie Priests.
Tenthly, That order be taken with the Pilgrimages, viz., the Chappell
callit Ordiquhill and the Chappell of Grace, and to ane well in the
bounds of Enzie.
Eleventhlie, That such persons as are or shall be excommunicat and
beares publick office within this realme, and thereafter put to
the horne, that they nor their deputs shall bruik no office nor
auctoritie under his Majestie efter their denunciatione, but that his
Majestie shall appoynt wthers in their rowmes to doe and minister
justice to his Majestie’s leidges.
Lastly, That his Majestie wald take order anent the planting of the
Kirks that are presently destitute of pastors, and in speciall the
Kirks of the Chappell Royall.
Quhilks haill causes of increase of Papistrie within this realme,
with overtures for remeiding thereof, the Assemblie hes thought
expedient that the same be direct to his Majestie, with ane humble
supplicatione, requesting his Grace to take such order thereanent, as
his Majestie shall think maist expedient for repressing of Papistrie,
and increase of the truth and light of the gospell within this
realme; quhereunto the Earle of Dumbar, his Majestie’s Commissioner,
with the remanent of the nobility presently conveint in this
Assemblie, hes promised to concurr: And therefore the Assemblie hes
nominat, and be thir presents nominats,
{blank space} Earle of Wigtoune, ArchBishop of Glasgow, {blank space}
Livingstoune of Kylsith, Mr William Cowper, minister at Perth, James
Nisbet, merchand in Edinburgh, and Mr William Hart, of Presstoune,
their very lawful Commissioners, giving them thair full power to
present the humble supplicatione of this present Assemblie to his
Majestie, together with the causes of increase of Papistrie, and
overtures for remeid thereof above rehearsit, desyrand them that
they wald maist humbly intreat his Majestie to consider of the
same, and if his Heines thocht expedient, to cause the same to be
put to executione, and that the rather because, that after the last
conventione halden at Lynlithgow, quher there was many good acts and
constitutions sett downe and concludit, the Papists, nevertheless,
did most prowdly and contemptuously upbraid diverse of the ministrie,
menassing them that they or the nobilitie conveint with them at that
tyme, durst be bold to conclude any thing that might portend to the
prejudice of Papists or Papistrie, as was clearly understood be the
brethren conveint in this Assembly.
Sess. 6, 29 Julii, Ante Meridiem.
The qwhilk day the Assemblie thocht expedient that the Commissioners
above specifeit, elect and chosen to present this supplicatione
to his Majestie as is above rehearsit, shall with all possible
diligence repare toward his Majestie, and with all humility present
the said supplicatione to his Heines, and what ane answer it shall
please his Majestie to give, that they reporte the same betwixt and
the 15 of November nixt to come; and to that effect, the Assemblie
hes chosen out of their number the Noblemen, Barrons, and brethren
underwritten, viz. Earles of Crawford, Mortoune, Glencairn, Lithgow,
Kinghorne, the Lords Grahame, Lyndsay, Saltone, Lowatt, Torphichen,
Lowdon, Scoone, Balcleuch, Blantyre, Halyrudehouse, the Constable
of Dundie, the Lairds of Kynnaird, Balvaird, Carnall, Houstoune,
Edmistoune, Broxmouth, Polwart, Sir John Hoome of Northberwick,--the
Commissioners of Edin^r., Perth, St Androis, and Glasgow, with
the brethren after following, viz. Mrs William Dowglass, Alex^r.
Lawsone, Abraham Sibbald, John Reid, Arthur Futhie, Androw Ramsay,
John Kynneir, David Lyndsay, Adam Bannatyne, Patrick Weymes, Edward
Hepburne, George Ramsay, Wm. Methven, Patrick Schaw, Walter Stewart,
Hew Fullertoune, James M‘Quhorne, Thomas Ramsay, Robert Glendynning,
together with the Commissioners of this Generall Assemblie, to
convene at Edin^r. the said 15 of Nov^r. nixt to come, and there to
receave from the saids Commissioners the report of his Majestie’s
most gracious answer to the supplicatione forsaid, in name of the
haill Assemblie; and in the meantyme, the Assemblie commands and
ordaynes the haill Presbytries within this realme to proceed against
Papists of all sorts within their bounds with the censures of
excommunicatione, &c.
The said day, the Commissioners of the last Generall Assemblie
being callit to give compt of their haill proceeding since the last
Assemblie, compeirit and offerit themselves to be tryit on their
proceedings be this present Assemblie, and to abyde at the censure
of the same; and being demandit for productione of their acts and
proceedings in wreit, declairit be the mouth of Mr John Hall, their
Moderator, in absence of Mr Patrick Galloway, that the same could
not be found, be reasone that sometyme umquhill Mr James Nicolsone,
minister at Meigle, and in his absence umquhill Richard Thomsone,
minister at Cassiltoune, were ordinar scribes and keepers of the
rolls of all their proceedings, quha are both departit this lyfe;
and albeit they have made travell at their executors hands for
obtaining of the said scrolls, yet they could on no wayes attain
unto the same--and therefore they and every ane of them did offer
themselves to be particularlie censurit be this present Assemblie,
and therefore being ordaynit all to remove; qwhilk being done,
Mr W^m. Cowper, Moderator, appoyntit to this effect, demandit
publickly if any of the Assemblie had aught to object against the
saids Commissioners proceedings why the samen sould not be ratified
and allowit? In respect of the taciturnitie of the haill brethren,
and that nothing worthy of censure was objectit to any of them for
their proceedings,--the saids Commissioners being receivit in the
Assemblie, took instruments of the ratificatione and allowance of
their saids proceedings.
The said day, the brethren of the Generall Assemblie presently
convenit, having advisedly considerit the necessitie of electing and
chuseing Commissioners from this present Assemblie for giving advice
to his Majestie anent the suppression of papisticall superstition
qwhilk increases mair and mair dayly within this realme; therefore
they have made, and constitute, and ordaynit, likeas they, be the
tenor heirof, maks, constitutes, and ordaynes Mr George Gladstones,
Bischop of St Andrews; John Spotswood, Bischop of Glasgow; David
Lyndsay, Bischop of Ross; Alexander Lyndsay, Bischop of Dunkeld;
Peter Blackburne, Bischop of Aberdeene; James Law, Bischop of Orknay;
Alexander Douglass, Bischop of Morray; Gavin Hamiltone, Bischop of
Galloway; Alexander Forbes, Bischop of Caithnes; Andrew Lamb, Bischop
of Brechine; Andrew Knox, Bischop of the Isles; Patrick Galloway,
Patrick Simsone, David Hoome, John Clappertoune, John Knox, Robert
Howie, John Hall, John Caldcleuch, John Strachane, Andrew Boyde,
Andrew Leitch, Robert Wilkie, Patrick Scharpe, George Hay, Patrick
Lyndsay, William Scott, Adame Ballantyne, John Hay, William Cowper,
or any elevin of them, their very lawfull and undoubtit Commissioners
from this present Assemblie; givand, grantand, and committand unto
them, or any elevin as said is, their full power to plant such kirks
in burrowtownes as presently are or shall be found destitute of
pastors, before the next Assemblie. Attour, if it shall happen the
King’s Majestie to be grievit at ony of the ministry for qwhatsoever
enormitie committit be them against his Heines, with power to them,
or any elevin of them, as said is, to try and cognosce thereupon, and
to take such order thereanent as they shall think expedient to the
glory of God and weill of the Kirk; and, finally, with power to them
to present the grieves and petitiones of the Kirk to his Majestie,
his Heines Secret Counsell, Generall Conventiones and Parliaments
that shall happen to occurr before the next Assemblie, and to crave
redresse of the samen; ordayning them to give accompt of their
proceedinge to the next Generall Assemblie quhen it shall happen to
conveine, &c. It is alwayes speciallie provydit, that this present
nominatione of the same Commissioners quhilk were for the most part
Commissioners in the last Assemblie, shall no wayes be prejudiciall
to the Assemblie’s liberty in choising and electing Commissioners
quhom they shall think most meit and expedient, neither shall this
election indure or import any perpetuity of the office in the persone
of the persones electit.--_Item_, It is statute that the haill
Commissioners be desyrit and warnit to keep all their conventiones is
opportunitie the same day may be done.
Forsuameikle as the distractiones and eyelists quhilks are suspectit
to be in the hearts of the brethren among themselves, is one of the
maist speciall and urgent causes of the increase of Papists and
Papistrie within this realme: Therefore, for avoyding thereof, that
certain of the brethren, viz., The Bischops of St Androis, Ross,
Glasgow, Orknay, Mrs John Hall, Patrick Simsone, Wm. Cowper, and
John Knox, conveine with his Majestie’s Commissioners to advyse upon
the most solide and substantious overture for removeing of the saids
eylists and distractiones, and to reporte the same to the Assemblie
the next Sessione.
Sess. 7. Julii 29.
The said day the brethren appoyntit for advysing upon the best
overtures anent the distractiones and eylists that were enterit in
the hearts of the ministry declarit, that after mature deliberatione
they fand the saids eylists and controversies to aryse either upon
distractions of affectiones, or else diversitie of opiniones, the
first whereof being carnall, and therefore more dangerous, because it
sufferit not the brethren quhais affections were separate to unite
themselves with efald and uniforme counsell and advyce, to resist
the subtill practises of the common enemie, and so give him place
with his subtill crafts to enter in the Kirk of God, and thereby to
supplant and undermyne the same; Therefore their advyce was, that as
the danger increases be the nourisching of the distracted affections
of the brethren, even so the cure was the more necessary, and the
more hastily to be applyit, to wit, That the haill brethren of the
ministrie sould presently, in the fear of God, lay down all rancour
and distractione of hearts and affectiones, quhilk either of them hes
borne against uthers in all tymes bypast, and be reconcilit in the
heartie affectione in Christ, as becomes them quho are ministers of
the word of God, and preachers of peace, Christian love and charitie
to his people, to the effect that this heartie reconciliatione,
their hearts and advyce may be conciliat for disappoynting of the
crafty devyse of the enemy. Quhilk advyce the haill brethrene of the
Assemblie maist willinglie and heartilie imbraced, and ordained every
ane of them, alsweill Commissioners present as of the ministry that
were absent, to obey the same, by laying downe and casting away all
grudge or rancour that any of the brethrene bear at uthers; in token
qwhereof, and of an efauld union of hearts and affections, they all
held up their hands to God, testifying to his Majestie the truth of
their hearts in the said matter; and lykewayes they ordaynit the
same to be intimat to the rest of the brethren at their returning
to their Presbytries, to the effect the same may be done in every
Presbytrie immediately after their returning, as said is--inhibiting
also and dischargeing any such distractions or rancours to be among
them, either in affectione, word, deed, or countenance, but that they
concurre in ane mutuall friendship and amitie in God, as becomes the
pastors of the Kirk of Christ; and qwhosoever does in the contrair,
that he be censurit in his awne Presbytrie or Synod,--and in caice of
negligence, the Commissioners of the Assemblie.
As for the second cause of eylists, qwhilk is said to aryse upon
diversitie of opiniones, because these diversities of opinions
results upon different judgements amongst the brethren, concerning
the externall government and discipline of the Kirk, qwhilk cannot
so schortly be discussit and advysit upon as the brevitie of this
Assemblie permitts: therefore it was the opinion of the brethren
forsaid that the same sould be delayit to ane tyme mair convenient:
and in the meantyme, certaine appoyntit to reasone, intreat, and
advyse upon the same, quhilk lykeways the Assemblie hes thocht
expedient--and, therefore, they have electit and chosen the
brethren after following, viz. The Bischops of St Androis, Glasgow,
Dunkeld, Orknay, Cathnes, M^r Patrick Scharpe, Robert Howie, John
Mitchellsone, Henry Philip, George Hay, Patrick Galloway, John
Hall, Patrick Simsone, W^m. Scott, Archbald Oswall, John Knox, John
Carmichaell, Adam Ballantyne, John Weems, and W^m. Cowper, their
Commissioners in that part, to convein with his Majestie’s Councill
as his Hienes shall appoynt, at such tyme and place as they shall be
requyrit be his Majestie, and to treat, reasone, and consult upon all
matters standing presently among the brethren anent the discipline
of the Kirk, and quhatsoever they agree upon to report to the nixt
Generall Assemblie. And, in the meantyme, quhill the nixt Assemblie,
for an _interim_, the advyce of the brethren convenit at Falkland the
16 of Junii last, be observit anent the constant Moderator.
_Item_, It is statute and ordaynit, that as upon every fifth day
of August, publick thanksgiving is given to God for preservatione
of his Majestie from the treasone of sometyme John Earle of Gowrie
throughout all the pairts of Great Brittaine, and that the same be
intimate at every paroche Kirk with all possible diligence; ordayning
that such as refuses to doe the same, be observit and delait to the
Commissioners of the Generall Assemblie.
_Item_, Because the brethren appoyntit for tryell of the diligence
of the Commissioners appoyntit be the last Generall Assemblie for
visitatione of the Presbytries and report, that it was ane generall
grief and complaint given in be the few commissioners that had
producit their diligence of the great desolatione of the want of
pastors, and in speciall of the farthest of the North and South
partes; therefore the brethren ordaint the commissioners of this
present Assemblie to direct ane supplicatione to his Majestie for
taking order for planting of the kirks within this realme; and in
respect of the great necessitie of the kirks of Annandale, Ewisdale,
and Eskdale, and the rest of the kirks of the daills quhilks are
altogether unplantit, as likewayes, the kirks of Cathnes and Ross, in
the quhilks it is regraited that in many of them the holy communione
was never celebrate: Therefore the Assemblie hes given and grantit,
likeas they be the tennor heirof gives and grants their full power
and commission to their brethren underwritten, viz., to the Bischop
of Glasgow and Mr John Knox, for visitatione of the kirks of
Annandaill, Evisdaill, and Eskdaill, and remanent daills unplantit
as said is, and to the Bischop of Caithnes, George Dowglass, and Mr
Wm. Dowglass, for visitatione of the kirks of Caithnes and Rosse,
with power to them to plant ministers at the kirks within the saids
bounds respective, and to try the literature, qualificatione, and
conversatione of such as are already plantit, and in caise of
insufficiency to depryve them from their functione; with power also
to cause kirks be re-edified quher as they are demolisched, and if
need beis to unite kirks qwher necessitie requires, and to report
their diligence to the nixt Assemblie--_promitten de rato_.
Sessio Ultima. Penultimo die Julii, Ante Meridiem.
_Item_, Because ane great part of the desolatione of kirks proceeds
from the absence of certaine of the ministry from their flocks, be
reasone they are so confynit, therefore the Assemblie hes thocht it
expedient that the Commissioners direct ane humble supplicatione to
his Majestie, most humbly desyrand his Hienes to sett at libertie
such of the ministrie as are confynit, to the effect be their
presence and awayting on their cure their flocks may be comforted,
qwhilks are now left desolate.
_Item_, Because it is humbly lamentit that the inhabitants of the
towne of Aberdeene ceases not yearly to elect and chuse such persones
to be magistrats and upon their counsell as are wilfull and profest
Papists, and enemies to the truth profest within this realme, to the
dishonour of God, and dishearting of such as feares his name, and
contempt of discipline within that burgh; Therefore it is ordaynit be
the Assemblie that the Presbytrie of Aberdeene inhibit the Councill
and inhabitants of the said burgh, that they elect nor chuse no
Papists to beare office of ane magistrate or upon councill in no
tyme coming, and if they doe in the contrare, that they proceed
against them with the censures of the Kirk; Ordayning lykewayes the
Commissioners appoyntit for his Majestie to adjoyne this petitione to
the rest of their supplicationes, that by his royal authority, ane
civill paine may be imponit upon the contraveeners of the said act.
_Item_, It is ordaynit that no minister in ony tyme coming, take upon
hand to solist in favour of Papists or suspect of Papistrie, either
before the civill or spirituall Judge or utherwayes, either be word
or wreit, under the pain of deprivatione.
_Item_, Because there is sundrie supplicationes given in to the
Generall Assemblie quhilk, for the schortness of tyme, cannot be
decydit and answerit; therefore the Generall Assemblie remitts the
same to their Commissioners above constitute, ordayning them to
conveen upon the 15 of Nov. nixt to come, and there to decyde and
answer all such bills and supplicationes as shall be direct unto them
upon the back from this present Assemblie.
_Item_, Because it hath pleasit God of his mercy to grant ane good
and happy successe to this present Conventione, to the comfort of
his awne Kirk and discontentment of his enemies; therefore the
Assemblie ordaynes the same to be intimate be every Presbytrie at
their severall paroche Kirks immediately after the dissolving of this
Conventione, and that they give publick thanks for the same, and
pray God for a prosperous and a lang reigne to his Majestie and the
health of his Royall posteritie.
The next Generall Assemblie is ordaynit to hald at Edinburgh the last
Twesday of May 1609 years, if his Majestie shall think expedient.
Thanks being given to God for the prosperous event of this Assemblie
be prayer and singing of psalmes, the same was dismissit.
The Generall Assemblie of the Kirk of Scotland, halden at Glasgow
the 8 of Junii 1610 years, where was present the King’s
Commissioners, viz. the Earle of Dumbarr with the Bischopes,
with the Commissioners of Presbytries.
Moderator,
Follows the Heads and Articles concernyng the discipline of the
Kirk to be observit in all tyme coming.
In the first, it is declarit that the allegit Assemblie haldin
at Aberdeen is null in the self, speciall in respect it had not
his Majestie’s allowance, and was dischargit be his Majestie’s
Commissioner.
And because necessitie of the Kirk craves that for order taken with
the common enemie and uther affaires of the Kirk, there shall be
yearly Generall Assemblies, the condition whereof the Assemblie
acknowledges to appertayne to his Majestie be the prerogative of his
royall crowne; and, therefore, the Generall Assemblie maist humbly
requests his Majestie, that Generall Assemblies be halden ance in the
year, or at the liest, in respect of the necessitie forsaid, that his
Majestie wold appoynt ane certaine tyme at the quhilk the samen shall
be halden precisely in all tyme coming.
_Item_, It is thocht expedient that the Bischops shall be Moderators
in every diocesane Synod, and the Synods shall be halden twyse in the
year, of the Kirks of every diocie, viz. in Aprill and October. And
quher, as the diocies are large, that there be two or three Synods in
convenient places for ease of the ministry.
_Item_, That no sentence of excommunicatione or absolutione therefra
be pronuncit againes or in favours of any persone without the
knowledge and approbatione of the Bischop of the diocie, quho most be
answerable to his Majestie for all formall and impartiall proceedings
therein; and the proces being found formall, the sentence to be
pronuncit at the directione of the Bischop, be the minister of the
paroche quhere the offender dwells and their proces began.
And in caice the Bischop shall be found to have stayed the
pronuncing of the sentence against any persone that hes merite the
same, and against quhom the proces has been lawfully deducit, that
advertisement shall be made to his Majestie to the effect ane uther
may be placit in his rowme.
_Item_, That all presentationes heirafter be direct to the Bischop;
and upon any presentatione given or utherwayes sute made be any to be
admittit to the ministry, the Bischop is to requyre the ministry of
these bounds qwhere he is to serve, to certifie by their testificat
unto him of the partie suiter, his conversatione past, his abilitie
and qualificatione for the functione; and upon returne of their
testificat, the Bischop is to take harder tryall, and finding him
qualifyed, and being assistit be such of the ministry of the bounds
qwhere he is to serve as he will assume to himself, he is then to
perfect the haill act or ordinatione.
_Item_, In depositione of ministers, the Bischope associating to
himself the ministry of these bounds qwhere the delinquent serves, he
is then to take tryall of his fault, and upon just cause found, to
deprive him.
_Item_, That every minister, in his admission, shall swear obedience
to his Majestie and his ordinar, according to the forme sett downe in
the conferrence keepit in the year of God 1567, qwhereof the tenor
follows:--
The Forme of the Oath to be given to the Persone provydit to any
Benefice with Cure, the tyme of his Admission be the Ordinar.
I, A. B., now nominat and admittit to the G. of K., utterly testifies
and declares on my conscience, that the richt excellent, richt
hiche and mighty Prince James the Sixt, be the grace of God King
of Scotts, is the only lawfull, supreame governour of this realme,
alsewell in things temporall as in conservatione and purgatione of
religione, and that no forraigne Prince, Prelat, nor Potentate, hes
or oucht to have jurisdictione, power, superioritie, preheminence or
authority, ecclesiasticall and spirituall, within this realme; and
therefore I utterly renunce and forsake all forraine jurisdictiones,
powers, superiorities, auctoritie, and promises; that from this
furth, I shall and will bear faith and trew alleadgeance to his
Hienes, his airs, and lawful successors, and to my power shall
assist and defend all jurisdictions, priviledges, preheminences,
and auctorities grantit and belangand to his Hienes, his airs, and
lawfull successors, or united and annexed to his Royall Crowne: And
farther, I acknowledge and confesse to have and hald the said G.
possessions of the same (under God only) of his Majestie and Crowne
Royall of this realme: and for the saids possessiones, I do homage
presently unto his Hienes in your presence, and to his Majestie, his
aires, and lawful successors, shall be faithful and trew: Swa help me
God.
_Item_, The visitatione of ilk diocie is to be done be the Bischop
himselfe; and if the bounds shall be greater than he can overtake, he
is then to make speciall choyce, and to appoynt some worthy men to
be visitors in his place; and quhatever minister, without just cause
and lawfull excuse made, shall absent himselfe from the visitatione
of the diocesian Assemblie, he shall be suspendit from his office and
benefice, and if he amend not, he shall be depryvit.
_Item_, Exercise of doctrine to be continowit weekly amangst the
ministers at the tymes of their accustomed meetings, and to be
moderatit be the Bischope, if he be present, or then be ane uther
quhom he sall appoynt at the tyme of the Synod.
_Item_, The Bischope shall be subject in all things concerning his
life, conversation, office, and benefice, to the censure of the
Generall Assemblie, and being found culpable, with his Majestie’s
advyce and consent, to be depryvit.
_Item_, That no Bischop be electit but who hes past the age of fourty
years compleat, and quha at liest hes been an actuall teaching
minister ten years.
Qwhilks haill articles being diverse tymes publickly read in the
face of the haill Assemblie conveinit, after voteing, the samen
was ratified, approven, and concludit be the haill Assemblie, and
ordaynit to be observit in all tyme comeing.
Forsuameikle as in this present Assemblie it is already statute, that
the exercises shall be moderat be the Bischopes in the meitings of
the ministry, if they be present, or then be any uther qwham they
shall appoynt at the tyme of the Synod, and because the next Synod is
not to be holden before the month of October nixt to come, therefore
it is ordaynit, that in absence of the Bischope, ane constant
Moderator shall remaine in their owne places qwhill the next Synod be
holden in October.
_Item_, Because it is uncivill that laws and constitutions, either
civill or ecclesiasticall, being ance established, and in force by
publick opinion and consent, should be controllit and callit in
question be any persone, therefore it is statute by uniforme consent
of this haill Assemblie, that none of the ministry, either in pulpit
in his preaching, or in the publicke exercise, speake and reasone
against the acts of this present Assemblie, nor disobey the same
under the paine of deprivatione, being tryit and convict thereof; and
specially that the question of equalitie and inequalitie in the kirk,
be not treatit in the pulpit under the said paine, and that every ane
of the Commissioners present intimat this act in the first meeting of
their services.
Extract furth of the Registre of the Acts of the Generall Assemblie
be Mr Thomas Nicolsone, Commissar of Aberdeen, Clerke, Keeper and
Extractor heirof.[54]
The Generall Assembly of the Kirk of Scotland, halden at Aberdein
the 13th of August 1616 years, qwhere was present the Earle
of Montrose, Commissioner for his Majestie, together with the
Archbischops, Bischops, and Commissioners for Presbytries.
Exhortatione being made be {blank space} Mr John Spotswood,
Archbishop of St Androis, was chosen Moderator.
Sess. 2^a. August 14.
Forsuameikle as the maist urgent causes of the convocation of this
present Assemblie is to obviat the great increase of Papistrie
within this realme, and to try out the just causes thereof, to the
effect that sufficient remedies may be provydit for redressing of
the same in all tyme coming, and that it is found be the haill
Assemblie that ane great part of the causes of the increase forsaid
relyes presently upon the slackness of the ministers in their holy
profession, and pairtly upon the not executing of the lawes, alsewell
civill as ecclesiasticall, against such persones as either were
excommunicat themselves, and openly continuit the said censure, or
qwho intertaines, receiptes, and maintains qwha are excommunicat,
or qwho were the traffiquers against the trew religione presently
profest within this realme: For remeid qwhereof the whole Assemblie
in ane voyce hes statute and ordaynit in manner after following:
In the first, for the better tryall and discovering of Apostates,
It is statute and ordainit that qwhosoever hes confessit the trew
religion presently profest within this realme, and hes subscrivit the
same, and has receavit the holy communion of the Supper of the Lord,
and communicat conforme to the order prescryvit within this realme,
if at any tyme hereafter he or she be found in any tyme either to
reasone or gainstand the trew religione presently profest within
this realme, or any particular head thereof, or to raill against the
same, or else directly or indirectly to be a seducer or perverter
of others from the said truth presently profest as said is, or if
he or she be found to resett or intertaine any traffiquing Papists,
Jesuites, or Seminarie Priests; any one of the said facts or deeds
shall be ane sufficient cause of apostacie, and these doers shall be
repute and punischit as apostates; and because the probatione in the
saids causes is difficile and almost impossible, in respect that the
said deeds are committit covertly and quherin probatione hardly can
be producit; therefore it is statute, that in caise their probatione
cannot be had, that it shall be lawfull to prove the same be the oath
of the pairtie alleadgit committer of the saids facts and deeds,
and that it shall not be lesum to him to refuse to give his oath in
the saids matter, upon whatsomever collour or pretence of criminall
action or wthers following thereupon; and to this effect that ane
supplicatione be direct to his Majestie, that it might please his
Hienes to sett downe ane ordinance for ratificatione of the former
statute, to the effect it may be receavit in all judicatories.
_Item_, It is statute, if any persone or persones quho hes conformit
himself to the trew religione presently profest within this realme,
and hes subscryvit the Confession of the Faith and receavit the
Communion, if in any tyme hereafter he or they doe not haunt the
ordinare exercises of religione, being admonisched be their ordinare
Pastor _trina admonitione_, the same being proven shall be ane cause
to punische them as held and repute apostates.
_Item_, It is statute and ordainit, that qwhatsoever persone, knowne
of before tyme to have been a Papist, and after reconciling to
the Church, he shall be tryit and found to weare and beare under
persone _Agnus Dei_ beads, cross, crucifixes, or to have uther
house idols or images, or in their books such things as before they
have superstitiously used, the same shall inferr just suspicione of
apostacie and falling back; and they being convict thereof, shall be
halden and repute as apostats.
_Item_, It is statute and ordainit, that qwhensoever any minister
shall receave any Papist returning from his errors to the bosom of
the Kirk, that at the tyme of his receaving, the minister shall first
take his oath solemnlie sworne, that he shall declare the verity of
his fayth and belief in every particular poynt and article contayning
the Confessione of the Faith qwhilk shall be speirit at him, and that
immediatly the said minister shall examine him particularly upon
every head contained in the said Confessione of Fayth, and receave
his particular answer thereupon _affirmative_ conforme to the same,
utherwayes he shall not be receavit.
_Item_, It is statute anent the wyfes of noblemen and wthers qwho
receipts traffiquing Papists, Jesuites, Seminarie Priests, and if the
same were done against the will and knowledge of their husbands,
that all such women shall be callit and convenit for the said receipt
and intertainment; and their being convict therefore, they shall be
wardit ay and qwhill they finde sufficient cautione to abstaine from
the lyke in all tyme coming under a certaine paine, but prejudice of
any actione that may be competent against their husbands, conform to
the lawes of this realme.
_Item_, Because the speciall cause of increase of Papistrie proceeds
upon the not putting to executione of the statutes and acts of
Parliament made against traffiqueing Papists, or Seminarie Priests,
that therefor an applicatione be directed to his Majestie, that it
will please his Hienes to take such order that the lovable laws and
acts of Parliament made be his Majestie in tymes bypast against
traffiqueing Papists, Jesuites, or Seminarie Priests, may be put to
executione in tyme coming with rigour.
_Item_, It is statute that the haill names of Papists recusants,
within this realme, be given in be the Commissioners of this present
Assemblie, to the clerk, to be delyverit be him to the Archbischops
of St Androis and Glasgow, conforme to their severall provinces, to
the effect they may be callit and conveinit before them in the hie
commission, and punisched as accords; but prejudice alwayes of uther
ecclesiasticall censure and discipline of the Kirk statute against
them of before.
_Item_, It is ordaynit that every ane of the ministry give up the
names of such of their paroche as hes past furth of the cuntrie, and
not found caution for their behaviour and sincere professione of the
trew religione furth of the samen, conforme to the act of Parliament,
to the effect they may be callit, convenit, and punishit therefore.
_Item_, It is statute that the haill names of the persons
excommunicat within this realme quhilk shall be given up be the
Commissioners, be delyverit to the Bischope of every diocie, quho
shall delyver a catalogue of the names to every minister within his
diocie, ordayning every minister to make publick intimatione thereof
at every ane of their paroche kirkes, upon Sunday, in tyme of divyne
service, that no man pretend ignorance of the same; charging and
inhibiting every one of their paroche, that they neither receipt
the saids excommunicants nor intercommon with them; certifying them
and they doe in the contrare, they shall be callit and conveinit as
receipters of traffiqueing Papists and excommunicat persones, and
punisched for the same.
_Item_, The Assemblie recommends to the care of Bischops within their
dioces, and Ministers within their congregationes, to travell with
the noblemen, gentlemen, and burgesses, that there be the ordinarie
exercise of reading and prayer within their houses, as also ane
prayer for the King’s Majestie and his children every meal.
Sess. 15.[55] August 15, 1616.
_Item_, Because there are some pamphlets and books full of calumnies
quyetly sett furth and spread within this countrie be the Papists
and enemies of trew religion; therefore the Assemblie hes ordaynit Mr
Wm. Scott, minister at Cowper, and Mr William Struthers, minister at
Edinburgh, shall make answers to the said books and pamphlets, to the
effect that thereby the people may be instructit how to beware of the
same, and the said errors and calumnies may be refutit.
_Item_, Because it is certainly informit that certaine women tacks
upon them to bring up the youth in reading, sewing, and wthers
exercises in schools, under pretext and cullour quherof traffiquing
Papists, Jesuites, and Seminarie Priests, hes their appoyntit tymes
of meeting, at the quhilk tyme they catechise and pervert the youth
in their growing and tender age, in such sort that heirby thereafter,
by great paines and travells, can they be brocht from their errors to
the acknowledging of the truth presently profest within this realme:
It is therefore statute and ordaint that it shall not be leisume to
quhatsoever persone or persones to hold any schools for teaching of
the youth, except, first, they have the approbation of the Bischop
of the diocie, and be first tryit be the Ministers of the Presbytry
quhere they dwell, and have their approbatione to the effect forsaid.
_Item_, Because it is ane great abuse in people passing to
pilgrimages, wells, and old chapells, as lykewayes in putting up of
banefyres; Therefore it is ordaint that the brethren of the ministry
be diligent in teaching of the people and preaching against such
abuses and superstitione, to the effect they may be recallit from the
saids errors, and lykewayes that the minister take diligent tryall
of the names of those quho haunts those pilgrimages, and delait the
same to the Archbischopes of St Androis and Glasgow, every ane within
their owne provinces, to the effect they may be callit before the
Commission and punischit for the same.
It is lykewayes ordaynit that their names be delyverit to the
Justices of Peace within the places of their pilgrimages and dayes of
their meetings, and that they be requestit and desyrit to attend upon
the saides dayes of their meetings, and to disturbe and divert them
therefrom be apprehending and punisching them.
_Item_, It is ordaynit that every minister give up the names of
idle sangsters within their paroche to the Justices of Peace, that
they may be callit and convenit before them and punischit as idle
vagabonds, conforme to the Acts of Parliament and power given to the
saids Justices thereanent.
_Item_, Because it is found that diverse of the saids Jesuites,
traffiquing Papists, and Seminarie Priests, goes about under collour
and pretext of Doctors of Physicke and Apothecaries, deceaving and
perverting the people from the trew religione profest within this
countrie; Therefore ane supplicatione wald be direct to his Majestie,
that it wald please his Hienes to statute and ordayne that none
hereafter be sufferit to wse and exerce the office of ane Doctor of
Physicke or Apothecar whill first he have ane approbatione from the
Bischop of the dioces qwhere he maks his residence, of his conformity
in religione, as lykewayes from the Universitie qwhere he learnit and
studyit, of his qualificatione in the said airt.
The qwhilk day appearit in presence of the haill Assemblie, John
Gordoune of Buckie, in name and at the directione of ane noble and
potent Lord, George Marques of Huntlie, and presentit ane petitione
direct be the said Marques to the said Assemblie, subscrivit with his
hand, desyrand ane answer of the same to be given be the Assemblie,
qwhereof the tenor follows, as is to be found in the end of this
Assemblie.*[56] As lykewayes was producit be {blank space} ane letter
direct from the Archbishop of Canterburie, together with ane uther
letter from the King’s Majestie, concerning the absolutione of the
said Lord Marques from the sentence of excommunicatione made be the
said Archbischop of Canterburie, qwhilk were both read in presence of
the haill Assemblie, and ordainit to be registrat in the Acts of the
Generall Assemblie _ad perpetuam rei memoriam_, qwhereof the tenor
follows: