Chapter XVIII: Part 18

Forsuameikle as there is diverse persones professing with us the veritie of the Gospell, qwhilkis nevertheless the space of diverse years, under pretence of deadlie feads, hes withdrawen and daily withdrawes them from participatione of the holy table, declareing thereby how little they esteem that great benefite, and in effect, as it were, cutting off themselves from communion of the faithfull; Heirfore ordinance is given to all Presbytries within their bounds, to charge all persones abstayning from the communion be reason of deadlie feads, notwithstanding thereof, as it becomes Christians to do, to participat the said holy table; and in caise they be obstinate and refuse, to proceed with the censures of the Kirk against them; it being alwayes considerit be the Presbytrie, that if there be any infirmitie or hinderance of conscience that refuses, in that caise the said Presbytrie shall travell with the saids persones to bring them to their deutie and participatione of the said table, granting with good advyce and discretione some reasonable tyme as to resolve themselves, within the qwhilk if they giue not obedience, and refuses to participat as said is, that the said Presbytrie proceed against them with the sentence of excommunicatione.

Sessio 5^a. Junii 26.

The King’s Majestie’s Commissioners desyrit of the Assemblie, that he might have ane choise of such twa of the Ministrie his Majestie nominat, in place of Mrs John Craig and John Duncansone. The Assemblie hes found meet and votit that a certaine number of the most grave, learnit, and best disposed brethren of the haill ministrie be chosen and nominat be them, out of the qwhilk it may please his Majestie to nominat twa unto that effect.

Commissioners to be appoyntit before the end of this Assemblie to advyse his Majestie of the choyse to be made of them qwhais names shall be sett down before the Assemblie dissolve, craving his Heines’ Commissioners to make his Majestie foreseen, that they may knaw on whom his eyes are sett, and be resolvit before their loosing.

Anent the planting of kirks: Because ane speciall impediment hes been thereof, the dilapidatione of the benefices possessit be the brethren of the ministrie qwha hes sett their benefices with diminutione of the rentalls, or be conversione of the victuall in silver, not regarding the acts and ordinances of the Assemblie: Heirfore for remeid, the Generall Assemblie hes given power and commission to the breither underwritten within the bounds particularly under devysit, to call before them such persones within the ministrie, that sen the act of the Assemblie, made in the year of God 1578, hes sett their benefices with diminutione of the rentall thereof, or conversione of the victuall in silver, and to proceed against them with the sentence of depositione, qwhilk sall stand in force agane qwhill they restore their benefice to the awne integritie, qwherein the samen was at their entrie thereto; that is to say--To Mrs Andrew Melvill, James Melvill, Robert Wilkie, Thomas Buchanan, Androw Moncreiff--to call them the saids persones within the bounds following, viz. From Spey to Tay and all Lowthiane, Merss and Teviotdale, to compear before them in St Androis. Nixt Mrs David Lyndsay, Robert Bruce, David Fargusone, Robert Pont, James Balfoure, or any three of them, to sitt in Edinburgh, and call the saids dilapidators before them, within the bounds of the haill north to Spey and Fyfe, as also beneficed persones that hes made dilapidatione within the Diocie of Rosse. 3. Mrs Patrick Simpsone, Androw Young, Harie Livingstone, James Pont, John Davidsone, to sitt in Strivilling, and call before them the saids brethren that hes dilapidat their benefices within the bounds of Strivilling shyre, Stratherne, Clidsdale, Dumbartane, Ranfrew, Lennox, Kyle, Carrick, Cunninghame, Galloway, Nithsdale: and for the better execution to be had of this commission, ordaynes every Presbytrie within the bounds forsaids, to send to the judges every ane of them within their awn bounds, particular informatione and answer to the heads qwhilk shall be pennit be their brother, Mr Robert Pont, betwixt and the 15th of August next; and to the effect that the Presbytries be not ignorant heirof, the Assemblie presently hes nominat the brethren after specifiet to giue warning to the Presbytries within the bounds respective following, according to the divisione after specifiet: That is to say, Mrs Andrew Crombie for Ross; Andrew Lawsone and Archbald Dowglas for Morray; Peter Blackburn, Duncan Davidsone, and James Reid, for Aberdeene; Andrew Milne, Alexander Forbes, for Mairnes; John Durie, James Melvill, for Angus; Alexander Lyndsay and William Glass for Stratherne; James Melvill, David Fargysone, for Fyffe; Walter Hay, Andrew Blackhall, for Lothian; James Deis for Merss and Teviotdale; ffor Tweddall, Andrew Blackhall and Walter Hay; ffor Strivilling, Adam Balantyne; ffor Clydsdale, Ranfrew, Lennox, and Dumbartone, Walter Stewart and Gavine Hamiltone; ffor Nythsdale, James Brysone, Hew Fullertoune: ffor Galloway, James Aikman; ffor Kyle, Carrick, and Cunninghame, David Barclay: Qwhilks informationes being receavit be the saids judges, Ordaynes them, with all diligence, to proceed against the saids persones. And, for the faithfull execution of the said Commission, the saids judges was sworne, except Mrs Thomas Buchanan, Robert Bruce, Patrick Simpsone, Harie Livingstone, and James Pont, who were not present.

Forsuameikle as a great occasion of the non planting of the Kirk stands in laick of provisione of the ministrie, and that their stipends from year to year, being changeable, they are drawn from their Kirks, to the neglecting of their flocks, and to the dischargeing of their callings: With common advyce it is heirfore concludit and resolvit, that ane constant platt shall be set downe be the brethren following, appoyntit out of euery province, Qwha sall sit and conveine the first day of September next, within Edinburgh; and, before their conventione and sitting, every Presbytrie sall, betwixt and the 15th of August nixt to come, delyver to the saids brethren appoyntit of their provinces, ane resolute informatione, written in forme of a booke _in mundo_, of the estate of their kirks, in the heads following; viz. of the names of the benefices within their bounds, qwhether the samen be seuerall benefices, or annexit--who is patrone thereof--who is possessor--be what right the samen is brookit--the ald rent--the present rent, and the just availl thereof, and what kirks may be unite or divided; qwhilks informationes being receavit and collectit, together with the saids Commissioners conveening as said is, shall appoynt every Presbytrie severall dayes, to direct a speciall brother, public instructed, to be with them, with constant platts of the kirks within their Presbytries; and the said brethren, swa, directly with the Commissioners forsaids, to conclude and put in forme ane constant platt of their Presbytrie, and so forth to proceed, qwhill the warke be whollie made up and compleit: and after compleiting thereof, the saids Commissioners shall make warning to euery Presbytrie to direct a brother from them to consider the whole wark; and the samen being allowed be the said Commissioners and brethren from euery Presbytry, qwhilks are considerit to be fifty in number, the ratification thereof to be sought of his Majestie and Counsell: Of the qwhilks Commissioners, chosen out be this Assemblie from the provinces, the names follows, viz. Frome Zetland, Orknay, and Kaithness, and Sutherland, Mr Robert Pont: ffor Ross, Mr Andrew Crombie: ffor Morrey, Mr Alexander Dowglass: ffor Aberdien, Mr David Cunnynghame, Mr Peter Blackburne: ffor Mearnes and Angus, Mrs James Nicolsone, Andrew Milne: ffor Stratherne, Dumblane, Dunkeld, and Strivilingshyre, Mrs Patrick Galloway, Alexander Lyndsay: ffor Fyffe, Mr Thomas Buchanan: ffor Lawthiane and Tweddall, Mr David Lyndsay: ffor the Merse, John Clappertoune: ffor Teviotdale, Mr John Knox: ffor Clidsdale, Ranfrew, Lennox, and Dumbartone, Mr Gavin Hamiltone, Mr James Howisson: ffor Nithsdaile, Mr James Brysone, and, in caise of his sickness, Mr Hew Fullartoune: ffor Galloway, Mr John Aikman: ffor Kyle, Carrick, and Cunninghame, John M‘Quherne: Qwhilks breither and Commissioners, in number auchtein, shall also have power to make ane platt for ane interim, qwhilk being concludit be the saids Commissioners, and a brother direct from every Presbitrie, qwhilk will make fiftie mair, no reclamation shall be therefrae, but shall be concludit concerning the constant platt or interim, shall stand in force and full effect, as if the samen had been concludit be the Generall Assemblie, without any reclamation therefrae, as said is; and because the wark will requyre wayting on, and the saids auchteene Commissioners will be put to the charges and expenses, It is ordayned that their expenses shall be borne be their provinces: And for the faithfull executione they are all sworne, except Mrs Alexander Dowglass, John Knox, Patrick Galloway, John Clappertoun, and John Howison, who are not present.

Sessio 8. July 2.

Compeirit Sir James Chisholme, in presence of the haill brethren, and confessit with humilitie his offences, namelie his apostasie from the religion, qwhairof he craved God’s mercie; and farther, he declared that he professes with us the haill trew religione, renuncing the antichrist and all his errors, craving from his heart to be receavit in the bosome of the Kirk; with the qwhilk the breither being movit, concludit he should be relaxit be the Generall Assemblie at their first meeting the morne, from the sentence of excommunicatione led against him, and thereafter the forme of his satisfactione to be sett downe and appoyntit be the advyce of the Assemblie.

The heads of Inquisitione to be made in every Presbytrie anent
Dilapidatione.

Imprimis, To take from every beneficit minister the present rentall of his benefice, and what yearlie dewtie, be his awne confession, he gives presently of the samen. 2. If he hes sett tacks thereof, and to wham, privatly or publickly, and, if need beis, to take his oath thereupon. 3. To inquyre qwhat was the estate of his benefice when he enterit at it, and qwhether he was hurt be his predecessor. 4. To take diligent inquisitione not only be report, not only of the beneficit persone himselfe, but be uthers that knawes the just nator thereof, qwhat the benefice was worth or payit of old in the best estate. 5. Qwhat the samen wold exceid to in yearlie rent or teinds, or utherwayes, if it were free of tacks, and in ane minister’s awne hand; and, if neid beis, that the Presbytrie or Commissioners take ane inqueist of men of best knawledge in the countrie about, to declare the veritie herein, and send the samen to the judges appoyntit in due tyme, with the haill circumstances before rehearsit.

His Heines’ Commissioners presentit Articles from his Majestie,
craveing the same to be read and answerit, as follows:--

His Majestie craves that there be ane Act made, Ordayning that qwhosomever at any tyme shall practise any treasonable interpryse or conspiracie against his Majestie’s persone or estate, being found and declared culpable thereof be law, sall lykewayes incurr the sentence of excommunication therefore, that thereby ane inseparable union may be betwixt the two swords. 2. That ane order be taken concernyng excommunication in three poynts, especiallie, 1. That it be not at the appetite of twa or three particulars, and that if it be not proceedit in qwhill first ane convenient number of the Kirk be conveint. 2. That it be not for civil causes or small crymes, and specially any ministers particular, leist that it be thocht that they imitate the Papists cursing, and so incurre the lyke contempt. 3. That the form of summar excommunicatione, without any citatione, be allutterly abolisched. _Item_, In respect Mr John Craige is awayting what hour it shall please God to call him, and is unable altogether to serve any longer, and his Majestie’s mynde is to place John Duncansone with the Prince, and so hes no minister but Mr Patrick Galloway, therefore his Heines desyres ane ordinance to be made, granting him any two ministers he shall choose.

Humble Answers of the Generall Assemblie to the forsaid Articles.

First, Where an ordinance is cravit to be made against Papistes of any treasonable interprysers or conspiracie against his Heines’ persone or estate, being found or declareit culpable thereof be the law, that they therefore shall incurr the sentence of excommunicatione, The Generall Assemblie agrie thereto--_ligitime cognitione ecclesiastica pre-eunde_. As to the order cravit to be taine concerning excommunicatione, especially in three poynts containt in the second Article, the first pairt is condescendit to; and as to the second, that no excommunicatione shall be usit in causes meere civile, or in small matters, and the abolisching, in tyme coming, of the former summar excommunicatione without citatione; these poynts importing great weight, and craving mature deliberatione, the Assembly hes thought meit to superceid all concluding therein qwhill the next Conventione, qwhere, by God’s grace, they minde to resolve thereupon; and that, in the meintyme, nane of the ministrie proceed to excommunicatione without citatione preceding, _nisi periclitetur ecclesiæ respublica_.

Anent his Majestie’s sute concerning his ministers, it is agreit that his Majestie shall have choyce of the most grave, learnit, and godly brethren of the ministrie, with advyce of the Commissioners following, to be direct to his Majestie, viz. Mrs Robert Bruce, Andrew Melvill, James Melvill, David Lyndsay, David Fargusone, James Balfour, Thomas Buchanan, James Nicolsone, Andrew Lambe, George Gladstanes, or any sax of the said brethren, qwha are appoyntit to meit the 22d of July nixt.

Sess. 9.

After humiliation of Sir James Chisholme upon his knees, and acknowledgeing of his offence to the satisfaction of the brethrene, be the voyce of the Moderatour, the sentence of absolution was pronuncit in his favours, and he relaxit from the proces of excommunicatione led against him.

Anent the act made in favours of the executors of ministers: The Assembly and breither present, for clearing thereof, declares, if the minister die after Michaelmas, _quia fruges separatæ sunt a solo_, that his executors shall fall that year’s rent, and the half of the next, and that the provision of this act be extendit to the relict of umquhill Mr James Hamyltone, and the Lords requestit to that effect.

Forsuameikle as there is great cause of humiliation of us before God, qwhais visible anger appears on the heads of this land, yet be the maist part little regardit: The Kirk hes ordaynit a generall fast and humiliatione universallie to be observit in all the kirks within this realme, upon the twa first Sundays of August next to come, the causes thereof to be laid out generallie be the pastors, according to the grounds they sie and prescrive.

Forsuameikle as there is ane abuse necessarlie to be remedeit, especiallie in Caithnes and some uther parts, qwhair they that possess the benefices, as the late bishops in Caithnes was, in speciall delapidat the haill rents thereof, except a very small quantitie in pensiones maist prodigallie to all that saucht the same, qwhairby he hes delapidat the haill patrimonie of the said bishoprick; ffor remeid qwhairof, the Assembly ordaynes Mrs David Lyndsay and James Balfour to admonische Mr Thomas Craige and the solistar of the Kirk, to persew the said pensioners for reduction of their pensiones, qwhilk cannot stand be the law, of the haill, or of the maist part of the fruits of any benefice, and to insist diligentlie therein.

Anent marriages: The Assemblie declares thir two sorts to be unlawfull; when ane persone marryeth ane uther qwham they have polluted by adulterie; nixt qwhen the innocent persone is content to remaine with the guiltie, and the guiltie will have ane wther, or taks ane wther.

As concerning marriages made be excommunicat priests or wthers that hes servit in the Kirk, and deposit from their office, or be private persones: The Assemblie declares such marriages to be null; ordayning the brethren of Edinburgh to travell with the Commissaries of Edinburgh, that they decyde according to the saids conclusions.

Anent the controversie betwixt the ministrie of St Androis and William Balfour, the brethren appoyntit to conferre thereanent reportit their judgment following: That the said William shall declare that he knew no wther but that Mr David Black, minister of the towne forsaid, had left the proces of the manss controvertit, and that he hes no wayes proceedit therein, in contempt of the Kirk, or any particular person within the same; and thir things he does protest in conscience, and confesses he hes done undutifullie: that is to say, overseen himself in his dutie towards the Kirk, in medling not, forwarning them with the title of the house qwhairin he dwells, in respect of the Kirk’s designation past thereof of before, for the qwhilk he is penitent before God and his Kirk: provyding alwayes, that the said confession be nowayes prejudiciall to the said William in the right and title of the said house, and that the samen be nowayes objectit against him, in judgement or out of judgement, and that the said William shall make the said confessione before the brethren of the conference of this Assembly, the brethren of the presbytrie that are here present: The qwhilk being done, that this present Generall Assemblie shall discharge the said presbytrie of St Androws from all proceeding of censures against the said William for that matter, and in lyke manner, the said Mr David from all publick invectione against the said William, in his sermones, for that cause; and that the said Mr David and William, in token of forgiveness of all mutuall offences bygone, and profession of Christian amitie in tyme to come, shall join hands together before the said brethren of the conference, and keep the samen amitie in tyme coming; remittand the controversie of their titles to the discretione of the judges ordinar: And this to be ordaynit be the Generall Assembly, to be declarit in the paroche kirk of St Androis, be Mr William Scot, minister of Kinnaquhy. The brethren appoyntit to conferre be the Generall Assemblie were these: Mrs Robert Bruce, Peter Blackburne, William Scott, Thomas Buchanan, Andrew Lamb, and Mr John Coldcleuch, qwhilk judgement of the said brethren, the Generall Assembly approved in all poynts.

Anent Grammar Schooles in Townes: Every presbytrie is ordaynit within their awne bounds to take order for visitation and reformation thereof, and to deall with the magistrates for augmentation of their stipends and provision of ministers; as also appoynting some persones most meit of their counsell to attend carefully on the schooles, and to assist the masters in discipline.

Anent the Acts of the Assemblie: The brethren hes ordayned that the samen be sichtit, and speciall acts for the practise of the Kirk be extractit and joynit with the Book of Discipline, to be publishit aither in wreit or print, that nane pretend ignorance thairof; and to this effect to concurr with the Clark, Mrs Robert Pont, Thomas Buchanan, James Melvill, John Johnstone, and James Carmichael.

Anent Colledges: In respect it is thocht necessar that ane visitation be made of the samen, the present Assemblie hes given commission to their brethren, Mrs James Melvill, Thomas Buchanan, James Balfour, Robert Rollock, Walter Balcanquall, Nicoll Dalgleische, James Nicolsone, and Alexander Forbes, to conveine together the first day of Januarii nixt to come, to the visitation of the saids colledges, to try, examine, and consider their doctrine, lyfe, and diligence of the maisters--the discipline and order wsit be them--the estate of their rents and livings, and where they finde abuse, so far as they may, to reforme: Remittand to the Assemblie such things as they cannot take order with, and qwhat they effectuat herein, to report to the next Assemblie.

[SIXTIETH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, halden at
Edinburgh, in the New Kirk thereof, the 24th of March 1597[44]
(1596.)

Exhortation being made be Mr James Nicolsone, last Moderator, the Assemblie proceedit to the election of the new Moderator, and appoynting on the leets Mrs David Fargysone, David Lyndsay, James Balfour, and Robert Pont, the said Mr Robert, be pluralitie of votes, was chosen Moderator _hac vice_.

Sessio 4. May [March interlined] 25.

The King’s Majestie being present, the Moderator exponit to his Grace, the two heads qwherein the Kirk hitherto hes been occupied, and how farr else it hes proceedit, viz. _First_, The substantiall head, for moyene how to resist the enemies qwhilk was _verbo_ recited be my Lord of Kinloss, for the rest of the number deput to advyse therewith, and next, concernyng the purgatione of the Kirk; and because the first is not throuchlie concludit, the Assemblie thoucht it expedient that the barrones and ministrie qwhilk met thereupon, take farther resolutione, and present their advyce to the Assemblie in wreit.

His Majestie thereafter proponit the lamentable disorder of the yearlie alteration of the platt, and therefore desyred that ane constant platt should be made, qwhairunto his Majestie was most earnestlie bent. The Assemblie hes thought meit before any thing be concludit therin, to sie the act of Parliament made in the year of God 1592.

Sessio. Eodem die.

Overtures for resisting of the enemies of the Religione and
Estate of the countrie, alsewell forraigne as intestine.

1. First, That all sic that hes kythit action with his Majestie’s forfaultit rebells, and their knawne favourers and assisters, be charged to enter their persone in ward, thair to remaine ay and qwhill they find sufficient cautione that they shall not traffique nor intertaine intelligence with the saids rebells, nor any uthers enemies to the Estate or Religione, naither shall joyn with them nor make them any assistance in caice they repare within the countrie; and that they give their eldest sonnes or nearest friends in pledges for the maire sure observing thereof.

2. That the haill livings of the forsaids rebells to his Majestie be taine up exactly be his Majestie’s officers to be appoyntit for that effect, and to be employed upon the entertainment of hyred men for defence of the good cause against the enemie, and for bearing of uther charges necessare for the advancement of the said cause, as ane of the effectuall meanes to incourage all such as are knawne to be well affectionat to the cause, and to procure their aifauld concurrence to the uttermost.

3. That there be chosen in every paroche be his Majestie’s authoritie, and voite of the minister, session, and principales of every paroche, Captaines knawne to be most meit and of best affection, to conveine the haill parochine in armes monthly in mustures, and to sie that they be all sufficiently armit according to their abilitie, and trainit up in the exercise of their armes: and sicklyke that there be chosen Generall Commanders in diverse schyres and quarters of the countrie to conveen in armes at all occasions needfull, to resist all attempts and interpryses of the enemy, forraine and intestine.

4. That some substantious order be taken for bringing hame sufficient number of corsletts, muskatts, picks, and uther armour needfull, and that the same be brought and receavit off the merchants’ hands with expeditione; and last, that the haill cautioners qwhilk became bound for the good behaviour of the saids rebells without the countrie, be chargit before the Councill, and convict of the penalties containit in the acts of cautionrie; and that the saids penalties be imployit upon the sustentation of hyrit men, and uthers burdens needfull for the weill of the cause.

Sessio. May [March] 26.

Forsuameikle as the Toune of Aberdeene hes taken in purpose and labour in divyding of their populous congregatione, and hes made good progress therein to the good example of the countrie; notthelesse the wark remaines imperfect in a part, throw not divisione of the ald kirk be a parpatt wall, being very commodious and little expensive: Therefore the Assemblie direct my Lord of Kynloss to the King’s Majestie’s Commissioners, the Lord Sinclare, the Justice Clark; Mrs Peter Blackburn, James Nicolsone, Androw Melvill, to the Counsell of the said Burgh, immediately from the Assemblie, to exhort and request the Counsell to farder and perfyte the good beginning, and to divide the said kirk be ane parpatt wall: Quha returning back with the Baillies of the Towne, declareit that the Counsell, be reasone that this day of Law is not frequent, allwayes to the division be a parpatt, hitherto they could not agrie, being myndit to build the Tolbooth; desyrand earnestly the Kirk to request the Lords and Colledge of Justice qwho hes land within the burgh to contribute thereto: qwhairunto the Kirk agried, provyding they wald presently fall to the divisione be ane parpatt; ordayning the Bailzie to report the direct answer of the Councill hereupon, upon Munday nixt to come.

Ordaynes ane article to be given in to the King’s Majestie for establishing ane act, annulling all tacks sett be the ministrie without consent of the Assemblie.

Sessio. Eodem die.

Anent controversies and decisione thereof amongst the ministers: The Kirk and Commissioners present ratifies the act made at Dundee heiranent, and ordaynit the samen to be extendit, alsweill to Readers as to Ministers, and the paine of contumacie mentionat therein to be deprivatione.

Because of the bounds of Nithsdale, Annandale, and Galloway, are destitute of Pastores, The King’s Majestie’s Commissioners proponit to the Assemblie, that the Kirk wald take care to appoynt some qualified men for the ministrie there, for qwhois provisione and entertainment his Majestie wald take order.

Concerning the defectiones of the ministrie: The samen at length being read out, reasonit, and considerit, the brethren considerit the samen agreeing therewith; and in respect that be God’s Grace they intend reformation, and to sie the Kirk and Ministrie purgit; to the effect the wark may have the better success, they think it necessar that this Assembly be humblit for wanting such care as become them in such poynts as is sett downe, and some godly and zealous brother lay them out for their better humiliatione, and that they make solemne promise before the Majestie of God, and make new Covenant with him for a maire carefull and reverent discharge of their ministrie: to the qwhilk effect was chosen Mr John Davidsone, and Tuesday nixt, at nyne houres in the morning, is appoyntit in the New Kirk for that effect; qwhairunto nane is to resort but the ministrie--the forme to be advysit the morne in privie conferrence.

The tennor of the Advyce of the Brethren deput for penning the
corruptiones and enormities in the Ministrie, and remeid
thereof, allowit be the Generall Assemblie conveint.

Corruptiones in the office.

Forsuameikle as be the too sudden admission and light tryall of persones to the ministrie, it cometh to passe, that many sclanders fall out in the persones of ministers, It wald be ordaynit in tyme comeing that mair diligent inquisition and tryall be used of all such persones as shall enter in the ministrie, as speciallie in thir poynts: that the intrant shall be posed upon his conscience before the great God, (and that in most grave manner,) qwhat moves him to accept the office and charge of the ministrie upon him; that it be inquyrit if any by solicitatione or moyen, directlie or indirectlie, prease to entir in the said office, and it being found, that the solister be repellit, and that the Presbytrie repell all such of their number from voting in the election or admissione as shall be found moyeners for the solistare, and posed upon their conscience to declare the truth to that effect.

Thirdlie, Because be presentationes, many forciblie are thrust in the ministrie and upon congregationes, that utters thereafter that they were not callit be God, It wald be provydit that nane sould seek presentationes to benefices, without advyse of the Presbytrie within the bounds qwhairof the benefice lyes; and if any doe in the contrair, they to be repellit as _rei ambitus_.

That the tryall of persones to be admittit to the ministrie hereafter, consist, not only in learning and abilitie to preach, but also in conscience and feiling and spirituall wisdome, and namely in knowledge of the bounds of their calling, in doctrine, wisdome, and discipline, to behave him accordinglie with the diverse ranks of persones within his flock,--as namely with Atheists, rebellious, weak consciences, and sick uthers, qwherin the pastorall charge is most kythit, and that he be meit to stop the mouthes of the adversaries; and such as are not found qualified in thir poynts to be delayed to further tryall, and whill they be found qualifyed. And because men may be found meit for some places qwhilk are not meit for uthers, it wald be considerit that the principall places of the realme be provydit with men of most worthie gifts, wisdom, and experience, and that nane take charge of greater number of people nor they are able to discharge, and the Assemblie to take order heirwith, and the act of the Provinciall Assembly of Lowthiane made at Linlithgow to be uregit.

That such as shall be found not given to their book and studie of Scriptures--not carefull to have bookes--not given to sanctification and prayer--that study not to be powerfull and spirituall--not applying the doctrine to his corruptiones, qwhilk is the pastorall gift--obscure and too scholastick before the people--cauld and wanting zeall--negligent in visiting the sick, caring for the poor, or indiscriet in chooseing of the word not mietist for the flock--flatterers and dissembling at publick sinnes, and speciallie of great personages in their congregationes, for flatterie or for fear; that all such persones be censured according to the degrees of their faults, and continuing thereinto, be depryvit; That such as be slothfull in the ministratione of the sacraments and irreverent--as profaners, receaving clean and unclean, ignorants and sencless--profane and making no conscience of their professione in their calling and families--omitting dew tryall or wsing nane or light tryall--having respect in their tryall to persones, qwhairin there is manifest corruptione; that all such be scharplie rebuked, and if they continow therein, to be deposit. And if any be found ane seller of the sacraments, that he be deposit _simpliciter_; and such as colludes with sclanderous persones, and dispensing and oversieing them for money, incurr the lyke punischment.

That every minister be chargit that he have ane session established of the mietest men in his congregatione, and that discipline strike not only upon gross sinners, as whoredome, bloodshed, &c. but upon all sinnes repugnant to the word of God;--as blasphemie against God--banning--profaining of the Sabbath day--disobedient to parents--idle and unrully--ones without calling--drunkards and sicklyke deboschit men that make no conscience of their lyfe and rewling of their families, and especiallie of educatione of their children, being sclandering, backbyting, flattering, and breaking of promises; and this to be ane universall order throughout the realme: And such as are negligent, continowing therein, after admonition, to be deposit.

That nane falling in publick sclander be receavit again in the fellowship of the Kirk, except his minister haue some appearand warrand in conscience, that he hes both ane feelling of sinne and apprehension of mercy; and for this effect that the minister travell with him be doctrine and private instruction, and bring him heirto, and speciallie in the doctrine of repentance, qwhilk being neglectit, the publick place of repentance is turnit in ane mocking.

Dilapidatione of benefices--demitting them for favours or money, that they become laick patronages, without the advyce of the Kirk--precisely to be punisched according to the acts; and that the dimission in favours for money or utherwayes to the effect above written, be punisched as the dilapidators.

Corruptiones in their persones and lives.

That such as are light and wantone in behaviour--as in gorgious and light apparrell--in speech using--light and profane company--unlawfull gameing, as dancing, carting, dyceing, and such like, not beseeming the gravitie of ane pastor--be scharply and gravely reprovit by the Presbytrie, according to the degree thereof; and continowing therein after dew admonitione, that he be depryvit as sclanderous to the gospell.

That ministers being found swearers or banners--profainers of the Sabboth day--drunkards--fighters--guilty of all thir or any of them--to be deposit _simpliciter_; and such lyke, liars, detractors, flatterers, breakers of promises, brawlers and quarrellers, after dew admonition continowing therin, incurre the same punischment.

That ministers given to unlawfull and incompetent trades and occupations for filthy gaine--as halding hostlaries--taking of ockar besyde conscience and good lawes, and bearing worldly offices in noble and gentlemen’s houses, merchandize, and such lyke--buying victualls and keeping to dearth, and all uther worldly occupations as may distract them from their charge, and maybe sclander to the pastor or calling;--be admonisched and brought to the knawledge of their faults, and if they continow therein, to be deposed.

That ministers not resident at their flocks be deposed, according to the acts of the Generall Assemblie and laws of the realme, utherwayes the burden to be layde upon the Presbytries, and they to be censured therefore.

That the Assemblie command all their members, that nane of them await on the Court and affaires thereof, without the advyce and allowance of the Presbytrie.

_Item_, That they intent no actione civill without the said Presbytrie’s advyce, except in small matters; and for the remeeding of the necessitie that some ministers hes to enter in pley of law, that remedie be cravit--that schort proces be devysit to be used in ministers’ actiones.

That ministers take speciall care in wsing godly exercises in their families, and teaching of their wyfes, children, and servants--in useing ordinarie prayers and reading of Scriptures--in removeing offensive persones out of their families, and such lyke wther poynts of godly conversation and good example, and that they at the visitatione of their kirks try the ministers’ families in thir poyntes forsaids; and such as are negligent in the poyntes, after dew admonitione, shall be judgeit unmeit to governe the house of God.

That ministers in all companies stryve to be spirituall and profitable, and to talk of things concernying to godliness, as, namely, to sic as may strenthen them in Christ Jesus, instruct us in our calling, of the meanes how to have Christ’s kingdom better establischit in our congregations, and to know the gospell flourishes in our flock, and suchlyke wayes the hinderances and remedies that we find, qwherein there is manyfold corruptions, both in our company with ourselves and with wthers--and that the contraveeners heirof be tryit and scharplie rebukeit.

That no minister be found to countenance, procure, or assist ane publick offendar challengit be his awne minister for his publick offence, or to bear with him as though his minister were too severe upon him, under the paine of rebukeing.

Anent Generall Assemblies: To urge the keeping of the Acts anent the keeping of the Assemblie, that it may have the awne reverence.

Sessio 10^a. May [March] 29.

Instructions to Mrs John Prestowne, and Edward Bruce, Commendator
of Kynloss, his Majestie’s Commissioners to the Generall
Assemblie.

_Imprimis_: Ye shall schaw to the said Assemblie our good will to have all the kirks of Scotland planted with ministers, and sufficient livings appoyntit unto them to the great hurt of our owne rent, and that portion of the thirds qwhilk was assignit to our house and our comptrollers in the possession thereof: But finding that the haill thrids is not sufficient to plant the haill kirks; nor yet commodious to ministers to serve in ane place, and have their livings to sick in ane wther, very far distant from their cure, Therefore, we thought good to set fordward ane order for locall stipends, foundit upon the ground that all the kirks of Scotland should have ministers, and all ministers stipends within their awne paroches, of sic natour, as be our authoritie on the ane part, and concurrence and procurement of the Kirk on the wther, might be obtainit from the tacksmen of lands, present possessors of the said rent; for the qwhilk effect, we causit ane act of Parliament to be made in the year of God 1592, grantand commission to certaine Noblemen, Counsellors, Officers, and Ministers, and the wther parts, to intreate and presente this matter, and alse hes given command in particular, to certain of our Lords of Chekker to help with their advyce and labours to bring the matter to some perfectione, qwherein, as we understand, there is something done, as ane part of the brethren can bear record. Lykeas we continow in our good mynde, in our tyme to have the kirks sattled anent their livings, and not intanglit yearly with proces, and our haill kirks planted within this realme, be thir presents, offers, and permitts, to the said Assembly, to cause our Commissioners, Counsellers, Officers, to conveen presently, before the expiring of this Assemblie, with the said Commissioners for the Kirk, to begin this good purpose, and to lay the ground, and to sett downe the order, and tyme, and place of convening, to prosecute the samen to the finall end, conforme to the act of Parliament, so that the stay, if any shall be in the part of the Kirk, as it hes bein of before, and not on our pairt.

_Item_, Ye shall schaw to them that is ane stay to this good worke, that be some of their preachings they wald make the people to understand that we and our Counsell wald stay the planting of the kirks, and take away the present livings possessit be ministers, albeit the contrair be of veritie, and that we and our counsell is most willing that the haill kirks be plantit, and the rents of the ministers to be augmentit so far as lawfully may be obtainit, with consent of our nobilitie and others tacksmen of teynds, qwhais rights, but order of law, we cannot impare; and therefore this forme of preaching discourages our good counsellors maist willing in this wark, and is ane heavie sclander to the ministers themselves, qwherin ye shall desyre order to be taine, that the lyke be not in tyme coming.

_Item_, Ye shall desyre these your instructions in our name, to be registrat in the Books of the Assemblie, as ane perpetual testimonie of our good will, and also that answers be given, in particular, be ane generall voteing of the haill Assemblie, and no wayes to be referrit to ane privie conferrence, and the answers so votit to every particular head to be registrat in lyke manner therewith, and the extract of all these articles and answers to be delyverit to yow, to report to us againe.--_Sic subscribitur_,

JAMES REX.

Sessio 12^a. Penultimo Maii [Martii.]

Forsuameikle as the brethren of the ministrie conveint in the Generall Assemblie hes with ane solemne humiliatione acknowledgit their sinnes this day, and negligence in their conscience before God, and hes interit in ane new covenant in their charges, and seeing ane great part of the ministrie is not present at this actione; Therefore the Kirk commands their brethren of the Synodall Assemblies to make the lyke solemne humiliatione and protestatione as was observit be the Generall, at their next convening, and so many as beis not at their Synodall, to doe it at their presbytries.

Articles proponit be the Commissioners of the constant Platt to
be advysit and passit in Acts be the Generall Assembly.

_First_, It is thought requisite be the saids Commissioners, and cravit, that the said Assembly would ordayne that the Moderators of ilk presbytrie within this countrie sould give presentations _jure devoluto_, of all benefices of cure, belonging to laick patrones within their bounds, that hes not presented qualifiet persones within sax monethes after the decease of the last possessor thereof; and sicklyke, the benefices qwhilks shall vaike hereafter in caice the saids patrones neglect to present within sax moneths, to ministers serving, or that shall serve the cure of the saids kirks, under the paine of deprivatione; and that the saids ministers accept their presentationes, and persew them: And in caice there be not actuall ministers presently at the saids kirks, in that caice, that the saids Moderators deall effectuallie with wthers qualified persones, to accept the saids presentatations, and to prosecute the samen be law.

That all beneficit persones that are here present in this Assemblie be movit presently to interdyte themselves from all setting and disponyng any part of their benefices to qwhatsomever persone or persones, without the speciall consent and allowance of the Generall Assemblie, and the interdictione to be subscryvit be such as are present, and wthers that are absent urgit be their presbytries to doe the lyke, immediately after the dissolving of the Assembly.

Because the kirks in diverse places of the countrey sustaines great hurt through the laike of unqualified persones in the ministrie instructed and trained up in the schooles of theologie; therefore it is cravit that ane act be made in this Assemblie, ordayning every provinciall Assemblie to furnische a sufficient entertainment for a bursse in the New Colledge of St Andrews, this 96th year, and so forth, yearly, in all tyme coming; and that every Provinciall Assemblie shall have the priviledge to present the said bursar so oft as the benefice or place shall vaike: and in caice there be any of the ministers’ sones within the province, of meit graces for the said place, that he be preferrit to all wthers to the ministrie; and after the expyreing of his course, in the study of theologie, that he be bound to imploy his travells within the province to the qwhilk his graces may be answerable--and that it be not leisum to the said bursar to imploy his travells in any wther place, except be the consent and advyce of the said province.

Seeing the necessitie of the common affaires of the Kirk craves, that there be a continuall travelling and attendance at court both for the farderance of the present work qwhilk is in hands, anent the planting of the Kirks, as lykewayes of the continuall diligence of the enemie, waiting at all occasiones, speciallie qwhen they finde any slackness upon the part of the Kirk, in the discoverie and resisting of the interprizes of the said enemie; Therefore it is cravit, that ane care and burden of the common cause be laid upon some brethrene be the Generall Assemblie, either of them that are residents here about court, or else of some others to be appoyntit of diverse partes of the countrie, because, wtherwayes, there is nane that finds themselves in conscience bound to haue any care heirof, or to make panes therein.

The first two articles the Assemblie answerit is agreit: To the third, the Assemblie ordaynes it to be movit in the provinces first: To the fourth, Appoynts Mrs Robert Bruce, David Lyndsay, James Balfour, and James Nicolsone with them, when he is present.

Sessio 13^a.

Anent the articles concerning his Majestie’s house and persone, the Assemblie hes nominat Mrs Patrick Galloway, James Nicholsone, and James Melvill, to conferre with his Majestie thereanent.

Offences in his Majestie’s House.

As strangers and wthers good subjects repairing to the court hes been comfortit to sie Christiane religione religiouslie exercisit, so now they are somewhat troublit, seeing the exercise of the reading of the word at table, and reverent saying of the grace before and after meat, diverse tymes omittit.

That on the week-day the repareing to the heiring of the word is mair rare then before, and that he wald be admonisched for heiring of speeches in tyme of sermone, of them that desyre to commune with his Majestie.

Privie meditation with God in spirit and conscience, earnestlie to be recommendit to him.

His Majestie is blottit with banning and swearing, qwhilk is too common in courteours also, and movit be their example.

His Majestie wold labour to have such companie about him as himself, according to his awne {blank space} qwhilk is gravely to be recommendit to his Majestie to be put in practise: Robert Laud, and such as are suspect, to be removit--especiallie murtherers, and Papists, and profane persones.

The Queen’s Majestie’s ministers to be reformit; and touching her company, her not repareing to the word and sacraments--nicht walking--balling, &c., and suchlyke concerning her gentlewomen.

In respect of the Report of the brethren of the north, that gentlemen and burgesses are lyke to leave their houses for fear of the enemies, seeing their great insolence unrepressed at hame, returning of their wyves to the countrie againe, and their provisions in their houses and castles for their hame-coming, qwhilk is murmurit against in all the countrie:

For remedie, it is cravit that the Ladies of Huntlie and Arroll presently be brought back againe and placit in St Androis, my Lord Gordone sicklyke to be brought to the south, and put to the schools--their friends in the south to be wardit,--as Cluny, Geight, Abergaldie, Cowbairdie, Bonytowne, younger, Craige, younger, Alexander Hay of Auchmather, Mr Alexander Leslie of Peill, James Knowes, John Gordoune of Newtoune: to be apprehendit, Towie Barclay, Patrick Conn. And for this effect it was thoucht good that some Commissioners, the Provest of Aberdeen, with the Laird of Wedderburne, to be direct to the north, with the Kirk’s Commissioners already appoyntit.

The Commone Corruptiones of all Estates within this Realme.

Ane universall coldness and decay of zeale in all estates, joynit with ignorance and contempt of the word, ministrie, and sacraments; and qwhere no knowledge is, there is no sense nor feeling, qwhilk utters itself most manifestly be this, that they want religious exercises in their families, as of prayer and reading of the word; and qwhere the samen, for the maist pairt, is abused and profaned be cuiks, stewarts, jackmen, and such lyke;--the masters of the families ashamed to wse their exercises of godliness in their awne persones, and no conferrence at their tables, but of prophane, wanton, and worldlie matters.

Superstitione and Idolatrie intertaint, qwhilk utters itself in keeping of festivall dayes and bonefyres, pilgrimages, singing of carrolls, and Zuill.

Great blasphemie of the holy name of God in all estates, with horrible banning and curseing in all their speeches.

Profanation of the Sabbath, and speciallie in seed-tyme and harvest, and commone journeying on the Sabbath,--and trysting and worldlie turnes,--exerciseing all kynde of wanton games--keeping of markets--danceing--drinking, and suchlyke--little care and reverence of inferiours to their superiours; as suchlyke of superiours in dischargeing their dewtie to the inferiours--as qwhair children pleyes in law against parentes, and many of them marryes against their parents’ will and consent, and no care of thair parents for thair education in vertue and godliness.

Ane flood of bloodscheds and deadly feuds aryseing therupone, and universall assisting of bloodscheds for eludeing of lawes.

Adulteries, fornicationes, unlawfull marriages, and divorcements allowit by publick lawes and judges, and children begotten in such marriages declareit to be lawfull, excessive drinking and wawchting, gluttonie, qwhilk is no doubt the cause of dearth and famine,--gorgeous and vaine apparell,--filthie and bawdie speeches.

Sacriledge in all estates, without any conscience, growing continuallie mair and mair, to the utter undoeing of the Kirk and staying of the planting of the gospell--cruell oppression of the poore tennents, qwhareby the haill commons of the countrie are utterly wrackit, be the extream dear setting of their rowmes, and halding out of their cornes by untymous teinding and extream thraldome in services.

Oppression under pretext of law, be usurie and be contracts against law--forstalling of mercats--ane regrateing be gentlemen burgesses and commons, qwhairby the pryces of victuall is marvelouslie raised, to the great hurt of the poore, and suchlyke girnelling of victualls, and withholding of them from the mercats, and not threshing them out in due tyme.

Ane great number of idle persones without lawfull calling;--as pypers, fidlers, songsters, sorners, pleasants, strong beggars living in harlotrie and having their children not baptized, without all kinde of repairing to the word.

Offences in the Court and Judgement Seat.

Universall neglect of justice both in civill and criminall causes;--as, namely, in granting of remissions and respites for blood,--adulteries and incests,--no execution of good lawes made against vyces, or in favour of the Kirk, and in civill matters,--the judges, for the maist pairt, unmeit, either in respect of the want of knawledge or conscience, or both; and when any office vaikes, the warst men advancit thereto, both in high and inferiour rowmes.

No executione made against the adherents of the detected enemies, and the enemies themselves, nor imploying of their livings to the use of the resisting of the enemies, qwhairby the enemies are rather beneficit nor hatit.

The odious murder of Dunibristle not punisched.

In Parliaments, sacrilegious persones, as Abbots, Pryors, Dum Bischopes, voteing in name of the Kirk, contrare to the lawes of the countrie, whereby the cause of the Kirk is damnified.

The Session is chairgit with buying of pleyes, delaying of justice and bryberie, qwhilk is evident be extraordinar and sudden conquests.

Grieves to be humbly meanit to his Majestie, in name of the
Generall Assemblie, be thair Commissioners, touching the
principall Offences in the Estate of the Countrie, that be his
Majestie’s Counsell and authoritie sufficient remedie in tyme
may be provyded thereunto.

_First_, It is humbly meanit to his Majestie, that to the great hazard of religion, and peace of the countrie, and grief of all good men, the forfalt rebells and enemies of his Majestie’s estate, injoyes their lands and livings as peaceablie, and to their greater advantage, then if they were at his Majestie’s peace within the countrie, and their confederats and friends, partakers and assisters with them and their treasonable attempts, are sufferit in so great ane libertie, never having ance so meikle as enterit their persones in ward, nor giving suretie and pledges for their good and dewtifull behaviour and obedience to his Majestie, in case it shall happen the saids rebelles, or any uther forraine enemies, to repare within the countrie for disquieting of the estate thereof, as if they had immunitie and exemptiones from all lawes, to confirme themselves for strengthening the hand of the enemies when they happen to arryve, as it appeares their intention is, by their preparatione, force, and armour, and leagues of friendship whilk they are daylie binding up. Diverse Jesuites and excommunicat priests are intertained within the countrey, deteining such as they have pervertit in their errors, and induceing wthers in the samen corruptione, and holding them in hope of the returning of the Papists Lords with assistance of strangers; as, namely, Mr Robert Abercrombie, Mr Alexander Macqwhirrie, Abbot of New Abbay, John Gordone of Newtoune, the young Laird of Bonytoune, Mr Alexander Leslie of Peill, Patrick Carr, Alexander Ramsay, and divers uthers.

That in many pairts of the countrie, for lake of provisione of sufficient stipends for provisione of pastors, the people lyes altogether ignorant of their salvation, and dewtie to God and the king, qwhairthrough the land is overflowit with atheisme and all kynde of vyce, there being above four hundreth pareche kirks destitute of the ministrie of the word, by and attour the kirks of Argyle and the Isles.

It is regraitit universallie, be his Majestie’s leiges, that through the delaying, perverting, and eluding of justice, murthers, oppressions, incests, adulteries, and all kynde of haynous crymes aboundes.

It is to be heauilie meinit, that the brether of the ministrie that hes gotten ane meine provisione or help be the assignation made anno 1595, are delayit and frustrat of justice, by the Lords of Session refusand to decyde their suspensiones according to the act of February 1588.

Articles to be proponit to his Majestie for remedying of the
former Grieves.

For remeid of the former grieves, it is humbly to be craveit of his Majestie, that the Lairds of the forfaulted rebells be disponit to such as are knawne to be most meit, and of best affectione to resist the enemies of religione, and his Majestie’s Estate, both forraigne and intestine, and in the meantyme that their livings be taken up, and intromittit with be his Majestie’s officers, and imployit upon the intertainment of wagit men, and uther necessar uses, for the maintainance and advancement of the good cause; and that the ladies of Huntlie and Arroll be chargeit to come south, and make their residence in St Androis, that there be no more ane receipt and incouragement to the enemies, as they are presently, be their subtill forme of practice, qwhilk they have useit this year by past, to the confirming of their friends and confederates, and intyseing of uthers whom they might seduce to their purpose, and upon violence against such as refuse to yield to their course, and that the Ladie Huntlie, her eldest sonne, be brought south, to be trained up in the knawledge of good letters and religion, and that the Lairds of Clunie, Gicht, Aberzeldie, Cowbairdie, Craige, younger, Alexander Hay of Auchmathie, Buckie, James Knowes, Towie Barclay, Patricksone, and the rest of their principall friends and confederats that hes kythit with them in actione in their treasonable interpryses againes his Majestie, be chargit to come south, and enter their persones in some speciall ward, there to remayne ay and qwhill they have found sufficient cautione under great soumes, that they shall neither traffique, intercommune, supply, or intertain intelligence, nor give any kinde of assistance to his Majestie’s rebells, or any wther enemies of religione qwhatsumever, and give sufficient pledges of their sonnes and nearest friends to that effect.

That his Majestie give commissione to some of his speciall servants and wthers, knawne to be of good abilitie and affectione, to search, seik, apprehend, and present before his Majestie, Mr Robert Abercrombie, Mr Alexander Macqwhirrie the Abbot of New Abbay, Alexander Ramsay, Bonytowne, younger, Alexander Leckie of the Peill, John Gordoune of Newtowne, and wthers, Jesuites, and excommunicat Papists, as their names shall be given in a roll.