Chapter XIX: Part 19

That his Majestie would prosecute his good purpose and intentione declareit before the Assemblie, anent the planting of the haill kirks within the countrie, with qualified pastores and sufficient provision of stipend for their intertainment; and for that effect, that he wold give commissione to the visitors nominat be the Generall Assemblie, to take inquisitione of the estate of all kirks within the bounds of their visitatione, and to deall with the tacksmen and possessors of the teinds, in his Majestie’s name, for sufficient provision to the ministers, out of the rent of every paroche, and to report the samen to his Majestie’s Commissioners appoyntit for the work of the platt, in the act of Parliament, and provyde some honest moyen for the intertainment of their charges in the journey.

That his Majestie take order substantiously be advyce of his Counsell and Estate, how the principall judgment seat and wther inferiour judges may be purgeit of unqualified and corrupt persones, and filled with wthers meit to discharge that calling faithfullie, for the comfort of his Majestie’s peaceable and well-disposed subjects.

That his Majestie wold command the Lords of Session to minister justice to the brethren of the ministrie that hes gotten any augmentation of their meine stipends or new provisione by the Commissioners appoyntit be his Majestie’s Commissione, the ’95th year, and that according to the Act of February 1567, as they are bound by their solemn oath and promise; and sieing the extraordinary dearth wrges them with so great necessitie, that unless his Majestie have a consideratione of their estate, they and their families will be driven to extreame povertie and want.

[SIXTY-FIRST GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, halden at Perth,
the first of March 1597, where there conveint the Commissioners
from all Presbytries, according to his Majestie’s missive.

Sessio 1^a.

Exhortatione there was nane.

Anent the supplicatione given in be Mr Thomas Nicolsone, advocat, bearing that in respect he was admittit clark to the Generall Assemblie, in place of Mr James Richie, last clark thereof, be seven of the Commissioners deput be the last Generall Assemblie, to intraite and conclude upon the affaires of the Kirk, qwhilk sould fall out and interveine before the next Generall Assemblie, that, therefore, the Assemblie now conveint wald admitt the said Mr Thomas to the said office, and corroborat his admissione with their authoritie: The brethren conveint, all in ane voyce, creatit and electit the said Mr Thomas _de novo_, and admittit him to be Clark of the Kirk; with power to him to use and exerce the samen, and all priviledge belonging thereto, also frielie as any clark might have done at any tyme bygane.

Sess. 2^a. Martii 2^o.

Anent the commission direct from his Majestie to Sir John Cockburn of Ormistoune, Knight, Justice-Clerk, and Edward Bruce, Commendator of Kynloss, with all expeditione, to repare to the Commissioners of the Presbytries of the Kirk presently assemblit within the Kirk of Perth, and to inquyre of them if they be ane lawfull Generall Assemblie of the Kirk, and hes sufficient power be themselves to give answer, treat and conclude upon such things as are to be proponit and intreatit in this present convention, according to his Majestie’s warrand and missive, direct to them be his Hienes to this effect, and to report their answer, in wreit, thereanent: The brethren present, after lang reasonyng and conference had anent the premisses, thinks that this their meeting is ane lawfull Generall extraordinar Assemblie, be reason of his Majestie’s letter direct to the presbytries and provincialls to that effect, and the presbytries’ and provincialls’ Commissioners given to meet in the town of Perth, and therefore are willing to hear what his Majestie shall propone, and to treat, conclude, and give answer thereanent, conform to the commissiones with the qwhilks they are authorized be the Presbytries and Synodalls.

Sessio 3^a. Martii 2^o.

The Commissioners deput be his Majestie, proponit certain heads and articles to the brethren to be resolvit and concludit in the present Assemblie, qwhereof the tenor follows:

Since the quietness of the Kirk, and the frieing of the same of sclander, qwhilk, upon the contrare, effects wold necessarly follow, as the chieff butt and end qwhereat his Majestie schoots in the conveening and holding of this present Assemblie: Therefore, for eschewing of fascheous and langsome disputatione, qwherupon divers uncomlie controversies and debates might aryse, his Majestie hes thought good to remitt the decisione of ane great number of the pretendit questiones to ane better opportunitie, to be reasonit in the meintyme be such as shall be authorized be commission to that effect, and for the present shall content himself with the decision of thir few articles following, having made change of nane but such as necessitie of tyme could not permitt to be delayed without ane great harme and sclander to follow.

1. That it be not thought uulawfull naither to the prince nor any wther of the pastors any tyme hereafter, to move doubts, reasone or crave reformatione in any poynts of the externall policie and gubernament or discipline of the Kirk, that are not essentially concernyng salvation, or is not answerit _affirmative vel negative_ by any expresse part of the Scripture; provyding that it be done _decenter_, in right tyme and place, _animo edificandi non tentandi_.

2. That since the civill and politick government of the country belongs alwayes alanerlie to the King’s office and his Counsellers, and in no wayes pertinent to the spirituall ministrie of the word, that no minister shall hereafter, at any tyme, meddle with the matters of the Estate in the pulpit, or with any of his Majestie’s statutes, lawes, or ordinances. But, if any of the ministrie shall think any of them hurtfull to the religion, or contrair to the word, they shall privatly complaine to the King thereupon, or his Counsell.

3. That it shall not be lawfull to the pastors to name any particular man’s name in the pulpit, or to descryve him as may be equivalent with their nameing, except upon the notorietie of a cryme; qwhilk notorietie man only be defynit be the guiltie persones being fugitive for the tyme, or being fyllit be ane assyse, or excommunicat for the same.

4. That every minister, in his particular applicatione, shall have only respect to the edificatione of his owne flock, and present auditor, without expatiating upon wther discourses, no wayes pertinent for that congregatione.

5. That every particular presbytrie shall be commandit to take diligent accompt of their pastore’s doctrine, and that he keep him within the bounds of the premisses.

6. That summar excommunicatione be all wtterlie abolisched, as inept, and that three lawfull citationes at leist of aucht dayes intervall betwixt every one of them preceed the sentence.

7. That no Session, Presbytrie, nor Synodall, wse their censures upon any but upon them that are resident within the bounds committit to them, wtherwayes their decreets and sentences to be null.

8. That all summonds contain ane speciall cause and cryme, and nane _super inquirendo_ to be summond, _quod est mere tyrannicum_.

9. That no meeting nor conventione be among the pastores without his Majestie’s knowledge and consent, excepting alwayes their ordinary Sessiones, Presbytries, and Synods.

10. That in all the principall townes, ministers be not chosen without the consent of their own flock and of his Majestie, and that order to begin presently in the planting of Edinburgh.

11. That all matters concernyng the rest of his Majestie’s questiones be suspendit unmedled with, either in pulpit or any wther judicators, qwhill first all his Hienes questiones be fully decydit; And in speciall all matters importing sclander, come not in before them in the meantyme, qwharin his Majestie’s authoritie royall is highly prejudgit, but only in causes merely ecclesiastick.

12. That seven or aught of discreet wyse ministers be authorizit be commissione to reason upon the rest of the questions, as opportunity of tyme shall serve.

13. That they give commissione to the ministrie of the north to be at a poynt with Huntlie; and, in caice he satisfie them, to absolve him.

And for the better answering of the saids Articles, the Assemblie ordaynit certaine brethren to be chosen out of every schyre presentlie convenit, who should give their advyce and overture upon the saids Articles proponit be his Majestie, and thereafter reporte the same to the Assemblie:--they are, to say, Mrs John Monro, Alexander Dowglass, Peter Blackburne, John Strauchane, Alexander Buchanan, James Melvill, John Spottswood, Adame Colt, Thomas Storie, Andrew Clayhills, John Knox, James Brysone, Patrick Scharpe, Gavin Hamiltone, Alexander Scrymgeour, and David Barclay.

Sess. 5^a. Martii 4^o.

The brethren convenit being desyred be the King’s Commissioners sent from his Majestie to repare to the place where his Heines with the Estates were presently sittand, to conferre anent the forsaids articles, they, at his Majestie’s desyre, resortit to the Counsell-house, and there, before any farther reasoning, after his Majestie had discoursed upon such things as should be proponit, protestit in manner as after follows:

Sir,--Forsuameikle as we are come hither to testifie to your
Majestie our obedience, and to hear what shall be proponit to us be
your Heines, in all reverence we protest that this our meeting be
not esteemit as though we made ourselves and the Assemblie with the
Estates, or yet does submitt any matters ecclesiasticall, either
concerning doctrine or discipline, to this judicator; but after we
had conferrit and reasonit with your Majestie anent the articles
proponit to us, we most returne to the ordinarie place of our
Assemblie, there to reasone, vote, and resolve in all these poynts,
according to the word of God and ane good conscience; and this our
protestation we most humbly desyre may be admittit and insert in
your Majestie’s Books of Counsell, for eschewing of inconvenientes
that heirafter may ryse:

The qwhilk protestatione was ratified, reiterat and confirmed be
his Majestie; and after long reasoning upon the saids Articles, the
brethren were demittit.

Sessio 6^a. Martii 4^o.

Anent the Articles proponit be his Majestie to be resolvit and answerit be the Generall Assemblie, the brethren, after long conferrence and mature deliberation, concluds and answers to the samen, in manner and forme as after follows:

1. First, That it is lawfull to his Majestie, be himself or his Heines’ Commissioners, or to the pastors, to prepare in ane Generall Assemblie, qwhatsoever poynt his Majestie or they desires to be dissolved or to be reformed in matters of externall government, alterable according to circumstances, provyding it be done in right tyme and place, _animo edificandi, non tentandi_.

2. The Assembly ordaynes that no minister shall reprove his Majestie’s lawes, statutes, acts, and ordinances, unto the tyme that first he be advysit with his Presbytrie, Synodall, or Generall Assemblies, complaine and seek remedie of the same from his Majestie, and report his Majestie’s answer, before any further proceeding.

3. No man’s name should be expressit to his rebuke in pulpit, except the fault be notorious and publick, qwhilk notorietie is defynit, if the persone be fugitive, convict be ane assyse, excommunicat, contumax after citation or lawfull admonitione; nor yet should any man be descryvit openlie be any uther circumstances except publick vyces alwayes damnable.

4. The brethren finds that no persone sould use applicatione qwherin he hes not ane chief respect to the edifying of his awne flock and present auditor.

5. The Assemblie ordaynes every Presbytrie to take diligent accompt of the pastor’s doctrine, and that he keep himself within the bounds of the word.

6. The Assemblie superceeds to answer to the 6th Article unto the next Generall Assemblie; and, in the mean tyme, suspends all summar excommunicatione qwhill the said Assemblie.

7. The 7th lykewayes is referrit to the next Assemblie.

8. Ordaynes all summonds to contain ane speciall cause and cryme, and that nane be summoned _super inquirendis_.

9. No conventiones sould be amang the pastores without his Majestie’s knawledge and consent, except alwayes Sessiones, Presbytries, and Synods, their meetings in visitationes of kirks, admissione and deprivatione of ministers, taking up of feuds, and such uthers as hes not been found fault with be his Majestie.

10. In all principall towns, ministers should not be chosen without the consent of their own flock and his Majestie.

11. All matters concerning his Majestie’s questiones remanent shall be suspendit, nor damned or rebuikit either in pulpit or uthers their judicators, qwhill first all his Hienes’ questiones be decydit in the next Generall Assemblie, and in speciall matters importing sclander, shall [not] come in before them in the meintyme, qwherein his Majestie’s authoritie royall is highly prejudgit, excepting only ecclesiasticall causes.

12. The Assembly hes appoynted and chosen certaine brethren with commission to treat upon the saids questiones, and report their advyce and opinione to the next Generall Assemblie, referring the tyme and place of conveining to his Majestie. The brethren appoyntit, to that effect, as followes: Mrs James Nicholson, Jone Caldcleuch, Andrew Clayhills, David Lyndsay, Thomas Buchanan, James Melvill, Robert Wilkie, William Couper, John Couper, Thomas Brysone, Robert Rollock, Patrick Galloway, John Duncansone, and Robert Henrie.

13. The Assemblie gives commissione to the ministrie of the Presbytries of Morray and Aberdeine to insist in conferrence with the Earle of Huntlie; and, to that effect, appoynts Mrs Andrew Millne, Andrew Leith, Andrew Lambe, George Gladstones, and John Ramsay, to concurr and assist with them, and ordaynes them to report their answers to the conditiones and articles given them in commissione for tryall of the said estate.

Sess. 7^a. Martii 5^o.

The Articles for Triall of the Earle of Huntlie.

1. First, That the said Earle, from the day of his compeirance before the saids Commissioners, shall make his constant and ordinarie residence in Aberdeene, that he may be instructit be hearing the word, and ordinarie conferrence indureing the tyme appoyntit for the same.

2. That he be well informit with knawledge, to condescend in the principall grounds of religion affirmative, and the untruth of errors contrair to the same, and that he be able to give a reasone of his knawledge in some measure.

3. That he be brought to ane plaine acknawledgeing of the Kirk within this countrie, and profess himself adjoynit to the same, as ane obedient member thereof, and be content to hear the word, participat the sacraments, and obey the discipline of the Kirk, as the samen is presently allowit be the King’s Majestie and the Estates.

4. That he solemnly promise, be word and written band, to remove out of his house, company, and haill bounds under his power, Jesuits, Priests, and excommunicate persones.

5. That he agrie to swear and subscryve the Confession of Faith in presence of the haill Commissioners.

6. That he agrie to satisfie in the kirk of Aberdeene, in most humble manner, for his apostacie, and there renew the forsaids promises and bands in most solemne manner.

7. Anent the slaughter of the Earle of Murray, that he declare his griefe and repentance for the same, and promise to make ane assythment to the partie, when the samen may conveniently be acceptit off, and utter his forsaid repentance and grieff therein, at the tyme of his publick satisfactione.

8. Forsuameikle as be occasion of service done to his Majestie in persewing the said Earle, be force and utherwayes, syndrie in these pairtes hes incurrit his displeasure and deidly feud, that he be content to remove all these occasiones with such convenient diligence as the saids Commissioners shall think expedient.

9. For declaratione of his aifald adjoyning with us, that he be content at their sichts, and advyce of his best disposed friends, to provyde sufficient stipends for his kirks.

10. That he shall acknowledge his faults qwhereof he was justly excommunicat, and especiallie the burning of Dunybirsle, and his apostacie.

11. That he shall have ane ordinare minister resident in his awne house continuallie; with power to them to conveen the 22d day of March instant, or sooner if they can possiblie, and to conferre with the Earle of Huntlie, and resolve him of the Articles forsaids, and to report his minde and resolution thereanent at the next Generall Assemblie, to be halden at Dundee the tenth day of May nixt to come.

Anent the supplicatione given in be Dame Elizabeth Oliphant, Countess of Angus, making mentione, That where diverse and frequent sutes hes been made to herself and the remanent friends of William, sometyme Earle of Angus, desyrand conferrence with certaine of the ministrie, for his farther resolutione in the heads of Christian Religion, qwhilk hes not tane such good effect as was lookit for, be reason of certain impediments qwhilk hes fallen out in the meantyme; requesting, therefore, most earnestlie to appoynt certaine of the wysest brethrene where he makes his residence to conferre and resolve him of the doubts that stayes from imbracing and professing of the trew and Christian Religion publickly professit within this realme: The Assemblie ordaynis the ministrie of Angus and Meirnes to conferr with the Earle of Angus anent such doubts as he wald be resolvit upon, and speciallie to conferre with him anent the Articles preceeding, qwhereupon the Earle of Huntlie is ordaynit to be tryit, exceptand only such as concerns the Earle of Morraye’s slauchter, and to report his resolutione in the premisses to the next Generall Assemblie.

Anent the offers given in be Francis, sometyme Earle of Arroll, to the Generall Assemblie presently conveint at Perth, beirand as follows:

First, I offer to abide any just tryall of the alleadged traffiqueing against the Religione presently professt within this country, indureing my absence off the countrie, and make all sufficient purgatione to your Wisdomes for the same. Farther, I offer all possible securitie and caution, in all tymes comeing, never to traffique against the said religione, and that neither the said religione nor discipline thereof shall any wayes be hinderit be me, but have the ordinare course in my bounds, as in uther parts of the countrie, and to declare my willingness to be resolvit in the said religione, I am content to accept conferrence therein, and requires the same at your Wisdomes, who hes power, that ye will appoynt ane or mae of your number indifferently, as they shall be requyrit of me in the pairts qwhere I presently dwell, and have the leasure or occasione to resort where I shall happen to be, to conferre with me upon the haill controvertit heads, that I may have instructione; and if I shall be thereby movit, that the haill number of that Synod where my residence is, will take the paines to convince and meet me at some competent place, to hear and testifie of me; indureing the qwhilk tyme of conferrence, I shall no wayes respect any Jesuite, Seminarie Priest, or excommunicat persone. And if it shall happen that I be resolvit in the heads of controversie, shall unfainedly from my heart imbrace the said religion, and make publick confession thereof in tyme coming, and shall make satisfaction for my defection from the same, as shall be injoynit: Lastly, desyres to be absolvit, or at least suspendit, from the sentence of excommunicatione indureing the tyme of conferrence, so that nane of my friends that resorts to me, and may be stedable to me be their counsell, either in the said conferrence or uther my leisum affaires, be troublit be your censure therefore, but may have your licence to have accesse to me, and I to them, in qwhatsomever part of the countrie I shall resorte, lykeas I have obtained his Majestie’s licence and charge to your Wisdoms to give me conferrence, qwhilk it may please yow receive, and do accordingly as ye wold give me argument of your good intention toward my conversione, qwhereof I doubt not, and for performing of the premisses shall finde cautione and seuertie.

The Assemblie ordaynes the ministrie of Morray and Aberdeene, with the fyve ministers adjoynit unto them, for conferring with the Earle of Huntlie, to trait lykewayes with the Earle of Erroll anent the premisses, and to report unto the nixt Generall Assemblie what resolutione they finde in him concerning the Articles conteined in their Commissione direct for the tryell of the Earle of Huntlie--exceptand alwayes such articles as concerns the slauchter of the Earle of Morray. Farther, the Assemblie ordaynes these Commissiones granted for conferrence with the saids Earles of Angus, Huntlie, and Arroll, to be extended to the Lairds of Newtoune and Bonnytoune, in caice they offer themselves to satisfy the Kirk.

Attour, if it shall happen the said excommunicat persones, or any of them, to resorte or repare to any uther part within the realme, the Generall Assemblie gives full power and commissione to the ministrie of the Presbytries where they shall chance to resorte, to treat and conferre with them anent the heads and articles above written.

Anent the supplication given in be Mr John Rutherfurde, desyreing the process of his deprivation led be the Presbytrie of St Andrews to be produced, seen, and considerit be the Assemblie, the Assemblie ordaynes the Presbytrie of St Andrews to produce the said proces at the next Generall Assemblie, and there to answer to the said Mr John his complaint given in against them.

Certaine Petitiones given in be the Ministrie presently conveint
to the King’s Majestie.

1. It is humbly cravit be this present Assembly, that your Majestie, with advyce of the Estates presently conveint, considering how it hes pleased God to giue ane good successe to this present Conventione, and that all things concludit herein tends to the peace and quietness of the haill Estate of this countrie, and the disappoynting the expectation of the adversaries, will, with advyce forsaid, publish be open proclamation the good success of this present Conventione, together with ane declaratione of your Majestie’s intentione, utterit be yourselfe at this tyme in presence of your Estates, declaring your good will to maintaine the trew religione presently professit within your countrie, with the discipline adjoinit thereunto, and the ministers to whom the charge of the same is committit; and to declare that your Majestie’s will is, that qwhatsoever lawes, act, or proclamatione hes been made, prejudiciall to the same, shall be esteemit contrair to your Majestie’s mining, and to have no force nor effect in no tyme hereafter, and that nane of your subjects pretend be any cullour thereof to molest or trouble any of the saids ministers, but that they be under your Majestie’s protection, and that ye will esteem the contraveiners, troublers of your Majestie’s estate, and punish them accordingly.

2. That all Papists, Jesuites, and Excommunicats remaining within this countrie, be chargit to passe off the same betwixt this and the first of May nixt to come, or else to satisfie the Kirk; and if they doe not the same before the day appoynted, that Sheriffs in shyres, Provests and Baillies in townes, be commandit to apprehend and present them before his Majestie and Councill, to be punischit according to the law; and if they be negligent in apprehending them, that commissione be given to certaine most zealous and willing persones to doe the same.

3. That it may please your Majestie, according to your accustomed clemency, to relax presently the ministers of Edinburgh from the horne, and suffer them peaceablie to returne and remain within this realme; as also to relieve and sett at freedome sic gentlemen and professors of religione as now are under challenge, seeing your Majestie knawes that the love of religione moved them to these things qwherwith they now are burthened.

4. That sieing that Edinburgh hes that honour to be the chief burgh of this countrie, and now are both destitute of their own ministers, and sicklyke callit from tyme to tyme before your Majestie, qwhilk is no small grief to their hearts, in respect your Majestie knawes that the greatest pairt of the haill towne are most willing to giue your Majestie all obedience, and to hazard lyfe and substance for your Majestie’s standing, that it may please your Majestie favourably to deall with them according to your accustomed gentleness, that it may appeare your Majestie is more inclynit to shaw favour unto men that meanes uprightlie to your hienes nor to papists, We are moveit to crave the same, that all your subjects may see a generall agriement--That it may please your Majestie, sieing Mr David Black hes obeyit such things as was injoynit unto him, to give him libertie to returne to his flock, and sicklyke to Mr John Welsche and to Mr John Howisone.

Because diverse complaynts of hurting and mutilating of ministers are given in before us, namely--

We most humbly crave that your Majestie wald take some substantiall order for punisching the offenders in example of all wthers hereafter.

That provisione be made for planting of kirks, and that the augmentationes and planting of new kirks, made in anno 1595, be allowit.

Followes his Majestie’s Answers to the saids Articles.

The first is granted in substance. The 2d is also granted. As to the 3d, concerning the ministers of Edinburgh, they are ordayned to be relaxed upon cautione to be found be them to the Justice Clark, that they shall underly the law. As to the gentlemen for whom the Assemblie makes request, his Majestie thinks good that they, be the mediation of their friends, be suiters for themselves. As to the 4. touching the Towne of Edinburgh, his Majestie will nowayes trouble innocent men, but such only as are guiltie, and mindes schortlie to be at a poynt with them. Touching the invasion of the ministers, ane commissione is ordaynit to be directit for calling and punisching the offenders. Concerning the last article, his Majestie ordaynes the thesaurer, Mr James Elphingstone, the Clerk Register, Mr John Prestone and Mr Edward Bruce, to take order, alsewell for the planting of kirks as with the augmentationes qwhilks were grantit anno 1595.

[SIXTY-SECOND GENERAL ASSEMBLY.]

The Generall Assemblie, halden at Dundie the 10 day of May 1597,
in the Little Kirk.

Sessio 1^{ma}.

Exhortatione being made be Mr Robert Pont, last Moderator, the brethren appoyntit on leets Mrs Nicol Dalgleische, James Melvill, Patrick Simpsone, Patrick Sharpe, Thomas Buchanan, John Porterfield, Robert Rollock, James Balfoure, David Fargusone, and David Lyndsay: be plurality of votes Mr Robert Rollock was electit Moderator _hac vice_.

Sessio 2^a.

Mr Thomas Nicolsone and John Williamsone, wryter, put in liets for the clarkship, being vaickand be deceise of Mr James Richie; be pluralitie of votes, Mr Thomas Nicolsone, advocat, wes chosen, sworne, and admittit.

Sessio 3^a.

Alse it was ordaynit, that all the acts of the Assemblie should be formed be discreit and wyse brethren, and to be read in audience of the haill Assemblie before the dissolving of the samen, and thereafter to be inbookit and registrat.

Sessio 4^a.

Anent the supplication given in be the Lairds of Wachtoune and Glennagys, desyrand ane command to be given to Mr William Morray, minister at Dysart, to sett in tack and assedatione to them or their tennents the teynds of their awne lands, lyand within the parochine of Dysart, or else for eschewing of farther danger, to reteine the saids teynds in his awn hand; The Assemblie ordaynes the said Mr William to reteine the saids teinds in his awne hand, discharging of setting the same to any persone whatsumever, under the paines contained in the acts of the Generall Assemblie.

Anent the supplicatione given in be the Presbytrie of Dunbartone, desyrand, in respect of the fewness of their number, that certaine of the Presbytrie of Paslay might be adjoynit unto them, to the effect they might be the more able to travaill upon the commone affaires, pertaning to the glory of God and weill of the Kirk; The Assemblie ordaynes a commissione to be direct for visitatione of the haill Presbytries within the bounds of Clidsdale, Ranfrew, and Lennox, with power to them to consider how many Presbytries shall be necessar within the saids bounds, and to sett downe a solide order thereanent.

Anent the complaint given in be the Presbytrie of Brechine against Mr Dougald Campbell, minister of Fernwell, for his obstinacie in refuseing to pronounce the sentence of excommunicatione against Patrick Butter at command of the said Presbytrie, he being Moderator thereof for the tyme, for the qwhilk they had suspendit him from preaching the word untill this present Assemblie: The Generall Assemblie ratifies and allowes the said suspensione.

Sessio 6. May 14.

The brethren of the Presbytries of Morray, Aberdeene, and Mearns, with the uther brethren joynit with them in commissione conjunctly, _respective_ appoyntit be the last Generall Assemblie halden at Perth for tryall of the obedience of the Earles of Angus, Huntly, and Erroll, to the particular injunctiones sett downe be the said Assemblie, and injoynit to them for declaration of their repentance, being desyrit be the Generall Assemblie to report what resolutione they fand in the saids Lords touching such articles and conditiones as were sett downe in the said commissione, they being present before; The haill Assemblie testified and declared, that they fand them obedient and willing to satisfie in all humble manner, and persevering and continowing in their earnest sute for reconciliation with the Kirk; and as concerning the saids articles and conditiones, qwherupon the saids commissioners were ordaynit to have tryit and resolvit them, the saids commissioners, every ane of them for their awn pairts respective, producit the saids articles and conditiones, with full answers to every ane of them particularlie subsequent made be the saids Lords, offering to acquiesce to the saids conditiones, and to fulfill the same; and for mair declaratione of their consents, the saids articles and answers therto particularly following every ane of them were subscryvit severally be the saids Lords, in signe and token of their imbracing thereof--as followis:

Huntlie his Answers to the Articles.

1. The first is obeyit; for he compierit at Aberdeen the 22 of March appoyntit to him, and there abode awayting on doctrine and conferrence untill the commissioners were satisfied with his resolutione, and so the conferrence endit.

2. The brethren appoyntit to deall with him brought him, after long conferrence, to confess the verity of the haill grounds of religion _affirmative_, resolvit his doubts be the word of God, and movit him with knawledge to refuse and detest all heads of Papistrie contrair to the same.

3. He acknowledges the Reformit Kirk of Scotland to be the trew Kirk: he is ready to joyne himself efaldly therto, acknowledging himself ane member thereof, submitting himself to the same; will hear the word of God, and obey the same be the grace of God; participat the sacraments, and obey the haill discipline of the Kirk, as it is allowit be the King’s Majestie and Estates.

4. He is readie to swear and subscryve the Confessione of the Faith in presence of the haill commissioners so soon as they shall come back, with power to pronounce his absolutione.

5. In significatione of his obedience to this article, he hes declarit to the haill commissioners, that sen he enterit in dealing with the Kirk he never intercommunit be word nor wryte with any Jesuite, Priest, or excommunicat Papists, except so many as are under conferrence with the Kirk, and is content to abyde thereat in all tymes comeing: sicklyke he is content to giue his written band that he shall banishe out of his company and bounds all Jesuites and Seminarie Priests, and shall expell therefrom all excommunicat Papists, except such as shall have licence from the Kirk and King’s Majestie; and, finally, that nane shall haue receipt be his knowledge, in the places of his commandment, that are profest enemies to the religione.

6. He is content, now or hereafter, to satisfie for his apostacie, in the place appoyntit, at the discretion of the saids commissioners, and then to ratifie the foresaid promise.

7. He declares his unfeigned grief for the slauchter of the Earle of Morray, and will satisfie the partie at the sight of the King’s Majestie, the Kirk, or of godly and indifferent friends will make offers to that effect; lykeas he hath given ane blank to his Majestie to be filled up with particular assythments, and that after his absolutione.

8. He promises, now or hereafter, to crave of God mercy for the said slauchter, when, where, or how the Kirk’s commissioners shall appoynt.

9. At the desyre of the saids commissioners, he presently remitts all rancour and malice conceaved be him for any occasione or died offerit to him be the countrie men in the King’s service, and promitts upon his fidelitie, never to quarrell any for the same that are within their bounds, and speciallie nane of the ministrie either north or south.

10. He agrees that at the sight of the ministers Mrs David Cunninghame, Alexander Dowglass, George Gladstanes, and of his friends Pitlurge, Cluny, shall sett doune ane order for provisione of his kirks, and qwhilk he promises to execute immediatlie after his absolutione.

11. Be the advyce of the saids commissioners, he promitts to take ane minister, and to intertain him in his awne house.

12. He confesses that be his publick offences he gave sufficient matter to the Kirk to have deducit the sentence of excommunication against him.--_Sic subscribitur_,

HUNTLIE.

The Earle of Erroll’s Answers to the Articles.

1. The first is obeyit; for he haveing sufficiently excusit his absence fra the first dyet, the 27th of March, came to Aberdeen the 5th of Apryle where the Commissioners appoynted him to resort to Aberdeene, about the 20th day of Apryle, to have conferrence with such as they appoyntit of their number, to meit him there, qwhilk he did, coming in the towne the 20th day of Apryle, and there abode, resorting to publick doctrine and conferrence till the Commissioners were satisfied with his resolutione; and so the conferrence was endit.

2. The brethren appoyntit to deal with him brought him, after long reasoning, to confesse the verity and haill grounds of religion, _affirmative_, resolvit his doubts be the word of God, and ancient doctors, and movit him, with knawledge, to refuse all heads of error in Papistrie, contrare to the same.

3. He acknowledges the Reformit Kirk of Scotland to be the trew Kirk. He is ready to joyn himself thereto, and profess himself a member thereof,--will hear the word,--obey the same, be the grace of God,--participat the sacraments, and obey the haill discipline of the Kirk, as it is acknowledged presently be his Majestie and Estates.

4. He solemnly promises and offers his written bond, that, lyke as sen his promise and entering his conferrence with the Kirk, he never intercommunit with Jesuit, Priest, or excommunicat persone, except with such as shall have licence of the Kirk and King’s Majestie; and, finallie, nane shall have receipt in his hands that are profest enemies to the Kirk, be his knowledge.

5. He is ready to swear and subscryve the Confession of Faith, in presence of the haill Commissioners, so soone as they shall come back from the next Generall Assemblie, with power to pronounce his absolutione.

6. He is content to satisfie for his apostacie in the place appoyntit, and there to ratifie the forsaids promises.

7. At the desyre of the saids Commissioners he presently remitts all rancour and malice, conceivit be him for any occasione or deid offerit to him be the countreymen in the King’s service, and promitts upon his fidelitie, never to quarrell any for the same--speciallie the ministrie, south or north.

8. He agries that such of the ministrie as shall be appoynted, with such friends as he shall appoynt, sett downe qwhat shall be his part for planting of the Kirks within his bounds, whilk he promises to execute, after his absolutione.

9. Be the advyce of the Commissioners, he is content to take a minister, and intertain him in his owne house.

10. He professes he gave sufficient matter to the Kirk to have deducit the sentence of excommunication against him.--_Sic subscribitur_,

ERROLL.

The Earl of Angus’ Answers to the Articles.

1. He being callit before us, was injoynit to remaine at Barrak, in the parish of Kineff, and there await upon the hearing of the doctrine in that his paroche Kirk, and upon conferrence at such tymes and places as was appoynted in Canveth, Aberbuthnot, qwhilks he hes faithfully keepit and observit until this his resolution was obtenit.

2. After we had reasoned and conferrit with him in many of the controverted heads of religione be the Scriptures and ancient doctors, he satisfied us affirmative and negative.

3. He acknowledges the Kirk of Scotland to be the trew Kirk, and is ready to joyne himself therto, and to profess him ane member thereof, will hear the word, participat the sacraments, and obey the haill discipline of the Kirk, as it is allowed be his Majestie and the Estates.

4. He solemnly promises, be word and written band, to remove furth of his company and lands, Jesuites and excommunicat persons, lykeas he has done since the Commissioners intimat this article to him.

5. He desyres the Commissioners to get power to absolve him, and immediately thereafter, he shall swear and subscryve the Confession of Faith.

6. He is content to satisfie for his apostacie in his own paroche kirk, and there to ratifie the forsaids promises.

7. He understands nane of the countrie to have incurrit his wrath or deadly feud for persewing him in his Majestie’s service, qwhilk he protests before God, that he never meant to harme any man for giving obedience to his Majestie’s lawes, qwhilk if he had done, he should rather have made mends then forgiven, and if any, in particular will complaine, he will satisfie this article, albeit, in very truth, as all the countrie knawes, he hes sustenit great loss, qwhilk he hes the Kirk to meine, in most humble manner to his Majestie, as the Commissioners will declare at mare lenth.

8. He is content, at the sicht of the Commissioners, and his best advysit freinds, to provyde stipends for his kirks, how soon he shall be absolvit and restorit to his living.

9. He will maist willinglie take a minister and intertaine him in his awn house, be the advyce of the Commissioners.

10. He confest he most justly deservit to be excommunicat.--_Sic subscribitur_,

ANGUS.

The qwhilk report made be the saids Commissioners, in discharging of their forsaid commissione, the Generall Assembly, presently conveint, ratifies and allowes, as agreeable and answerable to the ordinance of the last Assembly, halden at Perth, in all poynts; and therefore ordayns the saids Commissioners, respective, to proceed farther with the saids Earles in the said matter, and to receive ane full satisfactione of such things as are promised be them, in the saids conditiones, and to crave the present accomplishment thereof, so far as possible can be done; They are to say, that as they, in their answer, hes allowit and subscryvit, so that they presently shall confesse the verity of the haill grounds of our religione, affirmative, and with some measure of knawledge, refuse and detest all heads of Papistrie, contrarie to the same: That they acknowledge the Reformit Kirk of Scotland to be the trew Kirk;--That they efaldlie joyne themselves, and acknowledge them, members thereof, submitting them to the same, and shall be ready at all occasiones to hear the word, and obey the same, participat the sacraments, and obey the haill discipline of the Kirk, as is allowed be his Majestie and Estates.

That before their absolutione, they swear solemnly and subscryve the Confession of the Faith, in presence of the haill Commissioners; that, as they have testified by their wreite, even so be their band they promise to remove out of their company, in all tyme coming, all Jesuites, Priests, excommunicat Papists, but such as shall be licentiat be the Kirk; That the tyme of their absolutione, they satisfie in most humble manner in the kirks of Aberdeen and for their former apostacie, and there ratifie their former promises in most solemne manner; That the Earle of Huntlie, before his absolutione, ask God mercy for the Earle of Moray’s slauchter, and declare his penitencie for the same; and because their lordships hes promised upon their fidelitie, never to quarrell any gentlemen of the countrie, that hes persewit or wtherwayes troublit them, and thereby incurrit their wrath in his Majestie’s service, and at his Heines’ command, Therefore, to the effect the fruits thereof may evidently appear, that their lordships promise faithfully, lykeas their sonnes hes obtained, or at the least are to obtaine of his Majestie, of free grace and meer donatione, the gift of their forfaultries, even so, the gentlemen of the countrie that are vassalls to them, and hes incurrit the lyke sentence of forfaultor, and perrillit their lands, not through their owne evill demerite, but be reasone they were vassals unto them, may receave and obtaine of their lordships, the lyke grace as is imparted unto them be their Sovereigne; and as his Majestie grantit a benefit unto them, who had offendit, even so, their lordships’ vassalls be not troublit for any compositione of their lands, qwhilk, not be their fault, but their lordships’ faillzie, were endangerit and holden in non-entrie, and that their lordships renew the promise of remitting all rancour and malice of heart against the said gentlemen: And as to the provision of kirks qwhilks pertaynes to ilk ane of the saids Earles respective, that the advyce of their best affectionat friends and the saids Commissioners sett downe ane solide order, how the ministrie may be plantit, and honestly susteinit at the same, qwhilk they shall ratifie and approve, and put in executione immediately after their absolutione: That be the advyce of the Commissioners, they make choyse of ane minister qwha shall be intertaint in their house for instructing of the same: That they renew the confessione of their sinnes, acknowledging that they were justly excommunicat for the same. And to the effect all sclander may be removit from the Earle of Huntly, and speciallie the qwhilk did ryse upon the slauchter of Mr William Mure, qwhilk was committit dureing his Lordship remaining in Aberdeen, that his Lordship provide some remeid that the poor woman, mother to the said Mr William, may be satisfyed, and such assythment made, alseweell for him as her husband’s slauchter, as the Commissioners shall think expedient, with power to the saids Commissioners, after the accomplishment of the premisses, to absolve the saids Earles from the said sentence of excommunicatione, and receave them againe in the bosome of the Kirk.

Sess. 7. May 14.

Anent the Articles given in be his Majestie in the last Assembly halden at Perth, the decision and answering qwhereof was referrit to the said Assemblie, to be reasonit and intreatit be certaine Commissioners, and thereafter concludit in this present Assembly, and anent the declaration of certaine acts made in the said Assemblie halden at Perth, for satisfaction of such as were not present at that tyme, nor acquainted therewith: The said Articles and questions being reasonit and votit in face of the haill Assemblie, his Majestie being present for the tyme, these declarationes and conclusiones efter following were sett downe and concludit be the said Assemblie.

Notes in forme of Declaratione of certaine of the Acts made in
the Generall Assemblie halden at Perth in February last bypast,
for explaining of his Majestie’s and the Assemblie’s meaning,
for the satisfaction of such as were not acquainted therewith,
Qwhilk are ordainit to be registrat in the Acts of this present
Assemblie.

First, Anent the lawfullness of the said Assemblie halden at Perth: It is declareit be this present Assemblie, that ane of the reasons moving the brethren to acknawledge the lawfullness of the said Assemblie was found to have been, that the Commissioners of the Kirk accordit with his Majestie thereanent, as is expressly set downe in his Majestie’s letter.

_Item_, The reasone moving the Assemblie to grant the mair willinglie to the two Articles concerning the reproving of his Majestie’s laws, was this; his Majestie’s earnest and constant affectione to the religion and obedience to the word was evidently knawne to the haill Assemblie, and that it was his Majestie’s declaratione, will, and intentione, allwayes to frame his lawes and whole government according to the same, for the qwhilk causes the said Assemblie agreed to the said Article.

Anent the Article ordayning that no man’s name be expressit in pulpit, except in notorious crymes, &c., the poynt of notorietie is farther defynit, if the cryme be so manifest and knawne to the world that _nulla tergiversatione celari possit_.

Anent the Article ordayning that no conventions of pastors be, without his Majestie’s knawledge and consent: His Majestie’s consent is declarit to be extendit to all and qwhatsumever forme either of Generall Assemblie or speciall Synodall, permittit and authorised be his Heines’ lawes, according as they have warrant in the word of God, as being the most authentic forme of consent that any king can give.

Anent the Article concernyng provisione of pastores to burroughs: It is declareit that the reasone thereof was and is, that his Majestie was content, and promised, that qwhere the Generall Assemblie finds it necessar to place any persone or persones in any of the saids townes, his Majestie and the flock shall either give their consent thereto, or else a sufficient reasone of the refusall, to be proponit either to the haill Assembly, or to a competent number of the Commissioners thereof, as his Majestie shall think expedient.

Answers to the rest of his Majestie’s Questiones, according as
they were proponit of his Heines and Commissioners in the
present Assemblie.

First, Anent the propositione movit be his Majestie to the Assemblie, craving that before the conclusione of any weightie matters, his Majestie’s advyce and approbatione [be] cravit therto, that the same being approvit be his Majestic, may have the better executione, and, if neid beis, be authorized be his Heines’ lawes: The Assemblie craves most humbly, that his Majestie, either be himselfe or his Heines’ Commissioners, in matters concernyng his Majestie’s estate, or the haill estate of his subjects, and uthers of great weight and importance, that hes not been treatit of before, wold give his advyce and approbatione therto, before any finall conclusione of the same; and, for the better obedience to be given to such lyke statutes in tyme comeing, that his Majestie wold ratifie the same, either be act of his Heines’ Parliament or Secret Counsell, as shall be thought needfull: the qwhilk his Majestie promised to doe, according to his Heines’ propositione, qwhilk was acceptit and allowit of the haill Assemblie.

The Assembly ordaynes that there be ane uniformitie in the ordinatione of the ministrie throughout the haill countrey, be impositione of hands, and that they be admitted to certaine flocks, upon the qwhilk they shall be astrictit to attend, according to the Acts of the Assemblies made of before, and ordayns that nane that are not admittit to the ministrie be promovit to teach in publick and great rowmes, except upon very urgent necessitie, in defect of actuall ministers, they be ordained to supply such wants be the Presbytries, Generall or Provinciall Assemblies, qwho shall take diligent order that they keep themselves within the bounds of their gift, and speciallie in applicatione.

That no pastores exercise any jurisdictione, either in making of constitutiones or leading of proces, without the advyce and concurrence of Sessions, Presbytrie, Provinciall or Generall Assemblie.

That all Sessiones be electit with consent of their awne congregationes: that all Sessiones, Presbytries, and Provincialls, use such forme in all their proces as may be found lawfull, formall, and able to abyde tryall, the qwhilks shall be registrat in matters of importance; and, to that effect, ordaynes the proceedings of private Sessiones to be sichtit at Presbytries, and the proceedings of Presbytries at Provinciall Assemblies, and Provinciall Assemblies at the Generall Assemblies.

The Assemblie ordaynes, that in the exercises, qwhen the ministrie are convenit at their Presbytries, no applicatione be used.

That in the determinatione of matters of importance, qwhere the votes shall be only different upon two or three, that nothing be concludit therein till better resolutione; and that, in such difference, he that sustaines the negative, with his vote shall give _rationem negandi_.

The Assemblie ordaynes the Presbytries to medle with nothing in their judicator qwhilk shall not be found, butt controversie, proper to the ecclesiasticall judgement, and that herein ane uniformity be keepit throughout the haill countrie.

That all processes and acts be extractit to parties having interest, qwher is a written process.

The Assemblie superceids to answer the article touching summar excommunication qwhill the next Generall Assemblie, and in the meantyme suspends all summar excommunicatione; allwayes, in great crymes, the Assemblie ordaynes ane publick intimatione of the same to be made, and the committer thereof to be suspendit _a sacris_, and prohibite _privato convictu_.

If any Presbytrie shall be desyrit be his Majestie’s missive to stay the proceeding of any thing prejudiciall to the civill jurisdictione or private men’s rights, It is ordaynit that the said Presbytrie shall desist in the said matter, untill they send to his Majestie for his satisfaction thereanent.

Sessio 8. May 16.

Because syndrie sclanders aryses through the disorder of Readers be baptizing of bairnes gotten in adulterie and fornicatione before satisfactione made be the offendars, and celebrating of unlawfull marriages; the Assemblie statutes and ordaynes that no Reider minister the Sacrament of Baptisme in any way, in all tyme coming, and that they presume not to celebrate the bands of marriage without speciall command of the minister of the kirk; and in caice there be no minister thereat, of the Presbytrie, had to that effect; and ordaynes every Presbytrie to cause this act to be intimat at every paroche kirk, that nane pretend ignorance heirof in tyme coming.

Sessio 9. May 16.

The qwhilk day, in presence of the haill Assemblie, the King’s Majestie being personallie present, declareit, that sieing, through the schortness of tyme, their [are] sundrie matters of weight and importance, not only concerning particular flocks, but qwhilk did in speciall touch the haill Estate and bodie of the Kirk, qwhilk could not commodiouslie be intreated in this present Assemblie--as, namely, touching both the planting of particular congregationes and of the haill kirks within this realme, qwhilk is yet, through default of honest intertainment, remaines unplanted and destitute of the comfort of the word; and anent ane solid order to be taken anent a constant and perpetuall provisione for the sustentatione of the haill ministrie within this realme, to the end they be not, as in tyme bygone, to depend and wait upon the commissioners appoyntit for modifying of their stipends, and so be forcit to absent themselves the maist part of the year from their flock, to the great disgrace of their calling, disharting of their congregatione, and discontentment of his Majestie, whois care ever hes been, and earnest desyre continows as yet, that every congregatione have ane speciall pastor honestly susteinit, for the better awayting in his cure and dischargeing of his dewtifull office in the same; and therefore his Majestie desyrit the brethren to consider qwhither it were expedient that ane generall commissione sould be grantit to certaine of the most wyse and discreet of the brethren, to conveine with his Majestie for effectuating of the premisses: The qwhilk his Majestie’s advyce, the Assemblie thinks very necessar and expedient; and therefore hes given and grantit, lykeas be the tenor heirof, they give their full power and commission to the brethren underwritten, viz. Mrs Alex^r. Dowglas, James Nicolsone, George Gladstone, Thomas Buchanan, Robert Pont, Robert Rollock, David Lyndsay, Patrick Galloway, John Duncanson, Patrick Scharpe, John Porterfield, James Melvill, William Couper, and John Clappertoune, or any seven of them, to convein with his Majestie, betwixt the day of thir presents and the last of May instant, with power to them to take solide order anent the provisione of the ministrie to the townes of Edinburgh and Dundie and St Androis, his Majestie’s and the Prince’s houses, to give their advyce and judgement to his Majestie anent the planting of every particular kirk within this realme, to make such overture as they can best devyse touching the constant platt, and generally to give their advyce to his Majestie in all affaires concernyng the wiell of the Kirk, and intertainment of peace and obedience to his Majestie within this realme; with express power and command to the saids commissioners to propone to his Majestie the petitiones and grieves of the Kirk in generall, as of every member thereof in particular, as shall be meint unto them, _promitten de rata_.