Chapter XXI: Part 21

The questione being demandit, qwhither the Commission of him that for the Kirk shall vote in Parliament sould indure for his lyfe tyme, except some cryme or offence intervene, or for a schorter tyme, at the pleasure of the Kirk? The Commissioners of the Provinciall Assemblies, being of diverse opiniones, thocht good to referr this questione to the next Generall Assemblie; qwhilks haill conclusiones being read in presence of the haill Assemblie, and they being rypelie advysit therewith, ratified, allowed, and approved the samen, and thought expedient that the said cautiones, together with such wthers as shall be concludit upon be the Assemblie, be insert in the body of the act of Parliament that is to be made for confirmatione of vote in Parliament to the Kirk, as most necessar and substantiall pairts of the same.

Anent the supplicatione given in be James Lermonth, younger of Darsie, David Kynnithmonth of that Ilk, John Traill of Blebow, for themselves, and in name of their tennents and wthers, parochiners of the paroche of St Androis, makand mentione, That albeit they are parochiners of the said paroche kirk, lykeas they and their predicessors hes beene continually subject to the discipline of the said kirk, and hes been ever ready to underly qwhatsoever burden was imposit for furtherance of the said kirk, and concurre with the rest of the parochiners according to their rent and portione of the said paroche; nevertheless the minister and sessione of the said kirk refuses to suffer them and their saids tennents to enjoy the benefites of the kirk with the remanent of the said paroche, but debarres them from the hearing of the word, receaving of the sacraments, and benefite of marriage, within the said kirk, butt any reasonable cause; desyrand, therefore, ane command to the minister and session of the said kirk of St Androis to admitt the forsaids persones and their vassals to the hearing of the word and injoying of the haill forsaids benefites of the kirk, as at mair lenth is contained in the said supplicatione.

The Generall Assemblie having considerit the haill premisses, commands and ordaynes the ministry and session of the said kirk of St Androis to admitt the saids complainers, and their vassals and tennents, parochiners of the said kirk, to the hearing of the word, mariage, and receaving of the sacraments of the kirk, within the said kirk of St Androis, as their proper paroche kirk in all tyme coming, ay and qwhill their awn consent be obtainit in the contrare.

Sess. 7. Martii 21.

Anent the supplicatione given in be the parochiners of Twlliebodie, making mentione, That albeit the said parochine be ane auld parochine, separate from all wthers, having within itself the number of four or fyve hundreth communicants or therby, and payes their teynds to the Abbot of Cambuskenneth, who rigorously exacts the same; neverthelesse the Presbytrie of Striviling hes be their ordinance commandit the said kirk to be united to the chappell of Alloway maist wrangously, seeing the saids complainers, be ane anterior command of the said Presbytrie, not only re-edified their said kirke of Twllibodie, but also upon their awne charges furnishit ane pastor to the said kirk, lykeas yet they are willing to doe, notwithstanding that their teinds are most wrangouslie led away be the said Abbot, as said is; desyreing, therefore, their supplication to be considerit, and the said union dissolved, as at mair lenth is containt in the said supplicatione.

The brethrene of the Presbytrie of Striviling being callit to give a reason of this their union of the said kirk, answerit that the cause moving them was, _First_, That both the said paroches lay very commodiously to the said kirk of Alloway; _Secondly_, That the number of both the saids parochines wald make but ane sufficient congregatione; _Thirdly_, That there could not be ane stipend obtainit to the said kirk of Twllibodie, in so far that at the desyre of the saids complainers, there being ane pastor appoyntit to the said kirk, upon promise that they wald furnische him ane sufficient stipend, ware forcit, for povertie, to leave them; qwhereas be the contrare, be the union of the said two kirks, the Earle of Mar furnisches ane sufficient stipend to ane minister, resident at the same.

The Generall Assemblie having considered the premisses, ratifies and approves the union of the said two kirks, and ordayns Alloway to be the paroche kirk hereafter.

Anent the supplicatione given in be the Presbytry of Deir, makand mention, that qwhair the Laird of Phillorthe having erect ane Colledge upon the town of Fraserburgh, and agreed with Mr Charles Ferme to be both Pastor of the said burgh, and Principall of his Colledge, qwhilk burden the said Mr Charles refuses to accept upon him, without he be commandit be the Generall Assembly; desyrand, therefore, ane command to be given to the said Mr Charles to accept both the said charges, as at mair lenth is containt in the said supplication: The Generall Assemblie having considered the necessity of the said warke, and how the said Laird of Phillorthe hes refusit to sustaine ane pastor at the said kirk, unless he undertake both the saids charges, Therefore commands and charges the said Mr Charles Ferme to undertake and awayte upon, alsweill the said kirk, as to be Principall of the Colledge of Fraserburgh.

Sessio 8. Martii 22. Post Meridiem.

Forsuameikle as the Commissioners of the Synodalls conveint at Falkland, the 25th of July 1598, being of divers opiniones concerning the continuance of this commission that shall have vote in Parliament, qwether he sould endure for his lyfetyme, except some cryme of offence interveine, or for a schorter tyme, at the pleasure of the Kirk, they thocht good to referre the same to this present Assemblie? Therefore, having reasonit at lenth the said questione, after voiting of the samen, ffinds and declares that he shall _annuatim_ give compt of his commission obtained at the Assemblie, and lay down the same at their feet, to be continowit or alterit therfrae be his Majestie and the Assemblie, as the Assemblie, with consent of his Majestie, sall think most expedient for the weill of the Kirk.

It is statute and ordaynit, that nane of them that shall have vote in Parliament shall come as Commissioners to any Generall Assemblie, nor have vote in the same in any tyme coming, except he be authorized with a commission from his own presbytry to that effect.

It is found be the Assemblie that _crimen ambitus_ shall be a sufficient cause of deprivatione of him that shall have vote in Parliament.

It is statute and ordaynit, that every minister intimat this Generall Assemblie that the vote in Parliament is concludit be the Assemblie, and that nane utter speech in pulpit contrare the same.

Forsuameikle as it hes been found necessare of before, and profitable for the will of the Kirk, that certaine Commissioners be appoyntit frae Assemblie to Assemblie, qwhois speciall care and travell sould be to give their advyce to his Majestie in all affairs concernyng the weell of the Kirk, and intertainment of peace and concord betwixt his Majestie and the Kirk; Therefore, the Generall Assemblie, continowing in the same course, hes given and grantit, lykeas be the tenor heirof they give and grants, their full power and commission to Mrs James Strachane, James Nicolsone, Andrew Milne, Alex^r. Forbes, Alexander Dowglass, Robert Howie, James Melvill, Jon Dalgleish, Robert Wilkie, Harie Livingstone, Alexander Lindsay, George Gladstanes, Robert Pont, David Lyndsay, Robert Bruce, John Hall, John Clappertoune, John Knox, Andrew Lamb, James Law, John Spottiswood, Gavin Hamilton, David Barclay, Andrew Knox, with the King’s Majestie’s ministers, or any nyne of them--givand, grantand, and committand to them their full power to plant such kirks in Burrow Townes as are destitute of pastors, and in speciall, the kirk of Leith, in place of Mr John Hall, last removit therfrae, and the South-wast Kirk of Edinburgh, vaikand be deceis of umqwhill Mr Robert Rollock;--to present the grieves of this present Generall Assemblie to the next Conventione, and receave the answers of the samen; and lykewise, in caice his Majestie finde himself greivit at any inormitie committit be any of the ministry, to try and cognosce upon the same, and take such order thereanent as shall be meitest to the glory of God and weell of his Kirk, to advyse with his Majestie anent the effectuating of the constant platt,--_promitten de rata_.

Thir are the Commissioners appoyntit to awayte on the Conventione: Mrs David Lyndsay, Robert Bruce, James Nicolsone, Andrew Lambe, William Couper, Alexander Lyndsay, John Spottswood, with the King’s Majestie’s Ministers.

Because it was understand be the Assemblie that Mr Androw Lamb, minister at Aberbrothick, licklie to be transportit to some other flock, qwher his gifts might profite the Kirk in greater abundance, therefore the Generall Assemblie gives licence to the said Mr Androw to be transportit from the said kirk of Aberbrothock.

The said day, the Generall Assemblie receivit and admittit Mr Thomas Hope to be Solicitor for the Kirk in place of James Mowat,--qwho being personally present, dimittit the same in the Assemblie’s hands,--after the said Mr Thomas had given his oath of fidelitie in the said office.

Anent the proces of appellatione persueit be James Lord Lyndsay of Byres, and remanent gentlemen and parochiners of the paroche of Syres, against the Presbytries of Couper and St Androis, concernyng the admissione of Mr Robert Buchanane, Provest of Kirkheuch, to the ministrie at the kirk of Syres, and transportatione of him from the kirk of Forgane in Fyfe; the brethren that were appoyntit to visite the said proces, having made their report to the haill Assembly, the rights, reasons, and allegations of all the saids Presbytries being heard and considerit, The Generall Assemblie decerns and ordaynes the said Mr Robert to remaine minister at the kirk of Syres, and suchlyke gives their power and commission to Mrs James Melvill, Robert Wilkie, James Nicolsone, Alexander Lyndsay, and William Scott, givand them power to elect and chuse out a discreet man, with consent of the saids parochiners of Syres, to be adjoynit to the said Mr Robert as minister and fellow-helper with him at the said kirk of Syres; with power also to them to modifie how meikle of his stipend shall be payit be the said Mr Robert, and how meikle be the saids parochiners of Syres. And in speciall, the Assemblie recommends to them their brother, Mr William Simpsone, minister at Bruntisland.

Forsuameikle as there is diverse partes of the countrey that for lake of visitatione are become almost desolate, Therefore the Generall Assemblie hes thocht good that certaine visitors be direct for visiting of the bounds of Kirkcudbright and Wigtoune: Mrs David Barclay, Alex^r. Scrymgeour, and Nathaneill Inglish; off the bounds of Morray, Mrs George Hay and Androw Crombie; off the bounds of Orknay and Cathness, Mrs Robert Pont, John Monro, elder, and John Monro, younger; off the bounds of Ross, Mrs Alex^r. Dowglass, John Carmichaill, and William Scott; and for Nithsdale, Mrs Robert Wallace and John Welsche: with power to them to inquyre in the lyfe, doctrine, and qualificatione of the ministry within the saids bounds, to try the sayers and hearers of mass within the samen: with power also to plant and transplant ministers unto such places as they shall think most expedient for the glory of God and weel of the Kirk, and to report to the nixt Generall Assemblie.

Because the Island of Errane lyes most commodious and adjacent to the Presbytrie of Irwing, therefore the Assemblie annexis the same to the said Presbytrie.

Anent the supplicatione given in be the Presbytrie of Meigle, makand mention, That seeing the Presbytrie had united the kirks of Essie and Niva to be and remain a congregatione under the charge of ane pastor, at ane kirk to be biggit in the mids of the saids two paroches presently; In respect of the fewness of the number [in] both the saids paroches, not extending to the number of fyve hundreth persones, partly in respect of the commoditie of the place, seeing the farthest part of both the saids paroches will not be distant halfe ane myle from the place qwhere the kirk sould be biggit, and partly in respect of the impossibility of the moyen to sustaine two sundry ministers at the saids kirks; Desyreing, therefore, ane ratificatione of the unione in this Assemblie, together with ane command to the brethren direct to the Estates conveint at Perth, to crave the samyn to be ratifyit in the said Conventione--as at mair lenth is conteint in the said supplicatione:

The Generall Assemblie ratifyes and approves the unione forsaid, and suchlyke ordaynes the brethren appoyntit to gang to the Conventione at Perthe to crave the said union to be ratified in the said Convention.

Anent the appellatione persewit be the Presbytrie of Dumfermling frae the decreit pronuncit be the Synodall of Fyfe, halden at Couper the 6 of March 1598, ffinding that the said Presbytrie had done wrang in planting of the kirk of Dalgatie with the hurt and prejudice of the kirk of Aberdour, being the greatest and most populous congregatione, and the haill stipend beand but ane meine provisione, and therefore decernand the haill stipend to remaine with the kirk of Aberdour: The said Presbytrie of Dumfermling compeirand be Mr John Fairfull, minister at Dumfermling, their Commissioner, and the Commissioners of the Synodall of Fyfe being lykewayes present, with the Commissioners of the Towne of Aberdour, the rights and reasones of both the said parties heard and considerit, The Generall Assemblie decerns and ordaines Mr William Patone, minister of Dalgatie, to serve the cure of both the saids kirks of Aberdour and Dalgatie, and to have assignit to him for his service thereat the haill old stipends of Aberdour and Dalgatie before the divisione thereof for the cropt 1599, and yearly in tyme coming, ay and qwhill sufficient provisione may be gotten for planting of both the saids kirks.

The Generall Assemblie grants libertie to Mr William Simsone, at Bruntiland, to transporte himselfe from the said kirk, in respect he hes servit thir many years bygane thereat, but stipend; and the Queen’s Majestie and her Chalmerlands, qwho was in use of payment of before of the ministers at the said kirk, refuiss to make payment to the said complainer of the same, and therefore recommends him to the Synodall of Fyfe, to have consideratione of him in planting of their kirks.

The nixt Generall Assemblie is appoyntit to be halden at St Androis the last Twesday of July 1601.

[SIXTY-FIFTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, holden at
Bruntiland, the 12th of May[45] 1601 year, In the qwhilk the
King’s Majestie with his Commissioners of the Nobilitie and
Burrows were present.

Sess. 1^{ma}. May 12.

Exhortatione being made be Mr Robert Wilkie, Moderator of the last Assemblie, the brethren proceeded to the election of ane new Moderator, and Mrs Patrick Galloway, Patrick Scharp, Patrick Simsone, John Hall, and James Rowsone, being put in leets; be plurality of votes Mr John Hall was chosen Moderator _hac vice_.

Sess. 2. Maii 14.

The qwhilk day the brethren having interet in consideratione of the generall defectione from the puritie, practise, and zeall of trew religione in all estates of the countrie, and how the samen must, of necessitie, at the last, be concludit either in Papistrie or atheisme within schort space in the righteous judgement of God, except some substantious remedie be provydit thereto in tyme, and because the evill cannot be well curit unless the originall springs and speciall causes thereof be rypet up, Therefore the brethren, after mature deliberatione and weighing of the causes of the said defection, hes found the principall causes thereof to be as follows:--

Causes of the Defection from the Puritie, Zeall, and Practise of
trew Religion in all Estates of the Countrie, and how the same
may be most effectuallie remeadit, &c.

The principall causes of this fearfull change, no doubt, is the just wrath of God kindled against the haill land for the unreverent estimatione of the Gospell, and for the sinnes of all estates, and dishonouring of thair professione, and makeing the name of God to be blasphemit be the profane world without remorse--laicke of care and diligence upon the part of the ministry in the discovery of them that maks apostacie to papistrie, and negligence in executione of the lawes and discipline against such as happens to be discoverit.

Want of pastors and unplantit kirks, and displanting of kirks, qwhilk hes been provydit be the diminutione of the thirds.

Neglecting of places that are of chiefest importance to the interest of Religion in not planting sufficient pastores thereat, such as are hir Majestie’s hous, the Prince’s hous, the Earles of Huntlie, Erroll, and Angus’ houses and places of their chiefest residence, the Lord Hoome’s house, the Lord Heress’ house, and chief places of their residence, the Town of Dumfreis, and uthers of the nobilitie and greatest power within the countrey.

The overhastie admissione of men to the ministrie before they be knawne to be of sufficient gifts and experience to discharge fruitfully that hich calling in thir difficult tymes.

The negligence of the ministry in the advanceing of their knawledge be ever continuall and constant reading of the Scriptures and contraversies of the tyme, qwherthrow they might be able to bring the consciences of their auditors in subjectione to the obedience of the Gospell, and convince of the adversarie.

Negligence in the lyves of the ministry--not framing their conversatione in gravitie as paterns of lyfe to the people, but framing them excessively to the humours of men, especially in communications at tables, and giving sumtyme examples of intemperance in the light and prodigall abulziements of their families.

The distraction of minds qwhilk is supposed to be in the ministry--the distraction qwhilk is supposed to be of his Majestie’s mynde from some of the ministry.

The advancing of men suspect in religione, and knawne to be evill affectit to the good cause, unto offices, honour, and credite in court, counsell, and sessione, and wther rowmes of great importance within the countrey.

The desolatione of the Kirk of Edinburgh, through the want of pastors.

The continuall residence and intertainment of the Ladie Huntly, ane knawne and profest Papist, of Margaret Wood, sister to the Laird of Bonytowne, and wthers knawne and profest Papists, in his Majestie’s court and company.

The educatione of their Majesties’ children in the company of profest and obstinate Papists, sic as the Ladie Livingstone.

The negligent education of the children of noblemen, and sending of them out of the country under the charge of pedagogues suspect in religione, or, at the leist, not weill grundit and confirmit therein, to be broucht up and instructed in places qwher Papistrie is profest.

The impunitie of skippers, mariners, and owners of ships, that under the name of passengers, transports from uther places, and brings Papists, with their coffers, Seminarie Priests, Jesuites, and uthers trafficquers within the countrey, and the impunitie of such as carreyes and sparpells their books through the countrie.

The decaye of schooles and educatione of the youth in the knawledge of good letters and godliness, especially to landwart, for lake of sufficient provision to intertaine a qualified schoolmaster in places needfull.

That men suspect in religione, and challengit therefor before their Presbytrie and pastors, hes access to court dureing the tyme of their proces.

That the late reconcilit Papists are not urgit to performe the conditiones agreed to be them at their reconciliation to the Kirk.

Remedies of the former Evills.

The Generall Assemblie, having enterit in the consideratione of the causes of the said great and fearfull defectione of all estates of persones of this land from the trew and sincere professione of the gospell, presently sounding within the same; and having found the principall causes of this fearfull change to be, no doubt, the just wrath of God kindlit against the haill land, for the unreverend estimatione of the gospell, and for the sinnes of all estates, and dishonouring of their professione, and making the name of God to be blasphemit be the profane world without remorse: qwhilks horrible judgments hes fallen in every estate, for the contemptuous hearing of the word of God, in so far as there is nane that hes worthilie esteemit the said precious word according to the dignitie thereof; therefore, and for removing of the former evills and caus of farther judgements, if they be not preventit be speedie repentance, the Assemblie hes concludit and ordainit ane generall humiliatione to be keepit solemnly throughout the haill land, with fasting and prayer, two severall Sabbath days in all congregationes, both in burgh and land, within this realme; and lykewise in burrow townes, the haill week betwixt the said two Sondays, and the cause of the said humiliatione to be only the sinnes of the land, be the qwhilks the profession of the gospell hes been dishonourit, and the wrath of God provockit; qwhilk generall humiliatione is ordaynit to be upon the last two Sabbaths of June nixt to come.

The unplantit kirks wald be effectuallie recommendit to his Majestie’s care, qwhais authoritie only is able to accomplishe that wark; and for the better furtherance thereof, that his Majestie wald cause take heed that the thirds be keepit unvitiat. Nothing more necessar nor to have his Majestie’s houss, the Prince’s houss, the Earles’ housses, and places of their residence, and wthers places of chiefest importance, as the town of Dumfries, to be well plantit with learnit, godly, and wyse persones; and qwhere the laike of provisione might be ane hinder to the present planting, as at the Earles’ houses, it were requisite for a tyme that the meetest for that purpose, not being in places where the cause may be so far interest be the want of a resident pastor, sould be transportit fra their awn places, to remaine for ane quarter or halfe ane year, that ane substantious meine may be found out for ane constant provisione and planting of these rowmes, be qwhais labors, in the meantyme, the Earles and their families might be confirmit in the truth, and the enemies debarrit from their companies, and thereafter to return to their awne charges; the Presbytries, in the meaneqwhile, taking order for helping of their kirks in tyme of their absence; and to that effect, ordaynes Mr George Gladstanes to be direct to awayte upon the Earle of Huntlie; Messrs Alex^r. Lindsay and William Cowper upon the Earle of Erroll; Messrs James Law and John Spotswood upon the Earle of Angus; Mr John Carmichaell upon the Lord Hoome; Messrs David Lyndsay and John Hall upon the Lord Heres.

That ane petition be given in to his Majestie and Secret Councill, desyring that these qwham his Majestie knawes, or shall knaw hereafter, to deale in favours of profest traffiqueing Papists farther nor the lawes of the countrey shall permitt, shall be comptit and holden as men suspect in religione, and shall not have the honour to be in his Majestie’s house, counsell, or sessione.

That it be cravit lykewise of his Majestie and Secret Councill, that all Papists, men and women, challengit be the kirk for their religione, and not satisfyand the kirk for the same, be dischargit from resort to court, qwhill they have satisfyit and bring from the Presbytrie of their bounds ane sufficient testimoniall of their obedience.

_Item_, For disobedience of the adversaries of trew religione lurking within this countrie, it is ordaynit that every Presbytrie, immediately after the dissolving of this present Assembly, take up the names of the new communicants within their bounds, and send them to his Majestie’s ministers with all expeditione, subscrivit be the moderator and clark of the Presbytrie, and minister of the paroche, and that from this tyme furth, at every Provinciall Assemblie, the names of the non-communicants be tane up, and sent up to his Majestie’s ministers.

_Item_, That it be inquyrit anent the late reconcilit Lords to the kirk, be the Presbytries qwher they make residence, qwhether they have keepit and performit the articles subscrivit be them at the receaving, and that they be urgit severally to perform every ane of the saids articles, and if they refuse, that the Presbytries certifie the King’s Majestie’s ministers thereof.

_Item_, For escheweing of farther evill qwhilk might come to the estate of religione be the evill educatione of the youth furth of the country, it wald be cravit of his Majestie and Secret Councill, qwhen such noblemen and wthers as directs ane pedagogue with their sonnes furth of the country, that their pedagogue be knawne godly and of good religione, learnit and instructit in the same, and approvit in his religione be the testimoniall of his Presbytrie; that their remaining out of the country be in places qwher religione is presently professit, or, at the least, qwher there is no restraint of the same be the cruelty of inquisitione; that dureing the tyme of their absence they shall not haunt any idolatrous exercise of religione; and such as hes not the moyen to sustaine ane pedagogue with their sonnes furth of the country, that they send them to such pairts qwher there is no restraint of religione; and in caice their sonnes, after their depairting out of the countrey, haunt these parts qwher the profession of the trew religione is restraint, that they find caution not to intertaine them: And in caice any that passes furth of the countrey imbrace any religione except that qwhilk is presently profest within this realm, that they shall not be able to brooke moyen, heritage, honours, nor offices, within this realme; and this to be ane exception against the service of their brieves, and at the tyme of admissione of them to any office or honours, and in caice any of their parents contraveine any of the premisses, that they incurre such paine as his Majestie and Secret Councill shall modifie, and that such as are already out of the country, either be callit back againe before ane day to be appoyntit be his Majestie and Secret Councill, or else that their parents be subject to the lyke conditiones as is before sett downe.

_Item_, It wald be cravit of his Majestie and Secret Councill, that all skippers, mariners, and owners of ships, be inhibite that they bring in any Jesuites, Seminary Priests, declarit fugitive traytors and rebells within the countrie, but such as they knaw to be of good religione, or hes sufficient testimoniall of their honesty in religion, from the places qwher they have been conversant, under the paine of escheating their haill goods, and under the same payns, that they deliver them in the hands of the magistrate of the toune or port qwher they shall happen to arryve at, there to be keepit, ay and qwhill they be examinat, and his Majestie’s warrant obtainit for their liberty after they have been tryit and fand honest in religione, and shall keep them, their goods, books, and geir in schipboard, ay and qwhill they receive ane warrand, or the ordinarie magistrate for relieving of the same; and to that effect, they sett nane upon land but in common parts, qwher there is ane magistrate to receave the passengers from their hands.

_Item_, That his Majestie be dealt earnestly with anent the removeing of his dochter out of the Lady Livingstone’s company, in respect of her obstinate continuing in the professione of Papistry, for the qwhilk cause, his Majestie being requestit be the haill Assemblie, promised that his Heines’ daughter sould be transportit betwixt and Martimes next to come to his awne house.

And because of the nane planting of kirks is ane great part of the wyte of defection from the puritie of religione, and that the best way for the planting of the saids kirks is the furtherance of the constant platt for locall stipends to be appoyntit to every kirk within this realme, therefore the Assemblie hes ordaynit the brethren following, viz., Messrs David Lyndsay, James Nicolsone, Robert Pont, Patrick Galloway, George Gladstones, John Nicolsone, or any three of them, to conveen upon the first day of Junii with my Lords Chancellour, President, Secretar, Collector, Comptroller, Sir Patrick Morray, Mr George Young, to intreat and advyse upon such overtures as be their common consent shall be found most meet and expedient for advancing of the warke of the constant platt, and to lay doune such grunds as they shall finde most profitable for prosecuting of the same, and to reporte their diligence to the nixt Assemblie.

Sessio 3. May 14.

The King’s Majestie having declareit his intention and desyre to have a minister for his Heines’ house, in respect of the deceas of Mr John Craige, and John Duncanson’s old age, and ane wther of the Queen’s Majestie’s house, and ane to the Prince house, the Assemblie nominat for his Majestie’s and the Queen’s house Messrs Henry Blyth, John Fairfull, Peter Hewat, and Androw Lamb; for the Prince house, James Nicolsone, James Law, and John Spotswood.

The Assembly ratifies the acts made in the Assemblies of before, anent the dischargeing of applicationes particular to be made in exercises, and of forbidding of young men not admittit to the ministry to preache in the chief places of the country, and ordaynes the same to be put in executione, under the paine of incurring the censures of the kirk.

Sess. 4. May 15.

The Assemblie adjoyns the Presbytrie of Kirkcudbright to the ministry of Nithsdale, ay and qwhill there be such a number of kirks plantit within the saids bounds as may constitute ane lawfull presbytrie among themselves.

The Assemblie ordaynes the Commissioners to recommend unto his Majestie the provisione of competent livings to the saids kirks, and nominats Messrs John M‘Birney, George Greive, and William Arthure, to be plantit thereat.

Anent the questione referrit be the Presbytrie of Couper to this present Assemblie, concernyng the cause persewit be the said Presbytrie against Elizabeth Pitcairne, for satisfaction for the adultery committit be hir and proven against hir, conforme to the decreit of the foresaid Presbytrie; qwha being urgit to satisfy the Kirk therefore, producit ane decreit of adherence obtained against hir husband before the Commissaries of Edinburgh, ordaining her husband to adhere to her, and be consequence exonering her of adulterie: The Assemblie ordaynes the Presbytrie to put their awne decreit to dew executione, notwithstanding the decreit of adherence.

Anent the citatione wsit be the Presbytrie of Couper against the auld Laird of Kynneir, to have answerit for the abuseing of Mr Robert Inschaw, minister at Kylmanie, in the solemnizating of the marriage of his daughter, and in antedateing of ane testimoniall sent to Mr Henrie Balfour, minister at Cullessie: The Assemblie, in respect of the Laird of Kynneir’s absence, referrit the tryall of the said matter to the Presbytrie of Couper.

Sess. ultima. Maii 16, 1601.

It being meinit be sundrie of the brethren that there was sundrie errors that meritit to be correctit in the vulgar translation of the Bible, of the Psalmes in meter, as also that there was sundrie prayers in the Psalme Book qwhilk wald be alterit, in respect they are not convenient for the meantyme; in the qwhilk heids the Assemblie hes concludit as follows: First, anent the translatione of the Bible, that every ane of the brethrene wha hes best knawledge in the languages imploy their travells in syndrie pairts of the vulgar translatione of the Bible that needs to be mendit, and to conferr the same together at the nixt Assemblie.

It is not thought good that the prayers already conteinit in the Psalme Book be alterit, but if any brother wald have any uther prayers eikit qwhilks are meet for the tyme, ordaynes the same first to be tryit and allowit be the Assemblie.

The Generall Assemblie, for causes and considerationes moving them, hes ordaynt Mrs James Balfour, Walter Balcanquall, and William Watsone, to be transportit out of their awne places of the ministrie in Edinburgh, and plantit in such places as the Commissioners deput be this present Assemblie thinks expedient; and lykewayes ordayns the saids Commissioners to plant such uthers of the ministry in their places in the Kirk of Edinburgh as shall be found expedient to God’s glory within the same.

The Commissioners for the Towne of Edinburgh, viz. John Johnstone and George Heriot, protestit in the name of the said Towne, that seeing the Generall Assemblie had ordaynit their ministers abovenamit to be transportit furth of Edinburgh, the said Towne sould be free of their burden fra this tyme of their present transportatione, and that the said transportatione should not be prejudiciall to them in any tyme thereafter, but that they might be reponit in their awne places when it sould please his Majestie and the Kirk to lyke well thereof; qwhilk protestatione his Majestie and the Assemblie willingly agreet unto, qwherupon the said Commissioners askit instruments.

The Assemblie hes ordainit, that in every Assemblie to be conveint in all tyme coming, such as shall happen to be appoyntit Commissioners for the Generall Assemblie to indure qwhill the Generall Assemblie next thereafter, shall give ane accompt of their proceedings dureing the haill tyme of their commission in the beginning of the Assemblie before any wther cause or matter be handlit, and their proceedings to be allowit and disallowit as the Assemblie shall think expedient.

The Generall Assemblie having ryply weyit the necessity of appoynting Commissioners for this Generall Assemblie, not only to advyse and awayte upon such affaires as shall be for the weill and wtilitie of the Kirk of God, but also in giving advyce to his Majestie anent the holding furth the enemies of the same qwhen they shall be requyrit be his Heines thereto; Therefore, the brethren conveint in this Assemblie hes given and grantit, lykeas, be the tenor heirof, gives and grants thair power and commission to thir brethren,--Mrs Alex^r. Dowglass, John Strachane, Peter Blackburne, George Monro, James Nicolsone, Androw Leitch, Alexander Forbes, Patrick Symsone, Wm. Cowper, Alexander Lyndsay, George Gladstanes, Wm. Scott, John Caldcleuch, Robert Wilkie, David Lyndsay, Robert Pont, John Spottiswood, John Hall, James Low, John Knox, John Abernethie, John Hay, Gavine Hamiltone, Alexander Scrymgeour, David Barclay, with the King’s Majestie’s Ministers, or any nyne of them; givand, grantand, and committand unto them their full power, to plant such kirks in Burrow Tounes as are destitute of pastors in generall, and specially to plant the Kirk of Edinburgh, vaikand be transportatione of the ministers thereof; with full power also to plant Mrs James Balfour, Walter Balcanquall, and William Watsone, ministers transportit out of Edinburgh, with his Majestie’s advyce, in such convenient places as they sould finde expedient for the glory of God; with power also to transport any of the ministry within the realme from their awne places qwher they presently serve, and to plant them in the saids vaikand places of the Kirk of Edinburgh, in the planting qwherof they shall take the advyce of the Presbytry of Edinburgh, according to the acts and statutes of the Generall Assemblie made of before. Attour, if it shall happen the King’s Majestie to be grievit at any of the ministry for qwhatsomever enormitie committit be any of them against his Majestie, with power to them, or any nyne of them, as said is, to try and cognosce thereupon, and take such order thereanent as they shall think maist meit to the glory of God and weill of the Kirk; and, finallie, with power to them to present the grieves and petitiones of this present Assemblie to his Majestie and Secret Councill and generall Conventione of the Estates and Parliaments, if any shall happen to be, and to crave redresse of the samen--_promitten de rata_.

The Assemblie ordaynes Mrs James Nicolsone, James Robertsone, Alex^r. Lyndsay, and William Cowper, to take tryall anent the union of the paroche of Forgandyne to the kirk of Arnegose, and if they finde the same to have been done of old, and to be commodious for the people, to ratifie the same.

Forsuameikle as in the Assemblies halden of before, it hes been very wisely considerit that there hes been nothing more profitable for advancing of the glory of God by the preaching of the gospell, then appoynting of Commissioners for every schyre within this realme, qwhois care and diligence should be pairtly to try the lyfe, doctrine, and manner of conversatione of the ministry within the bounds committit to their visitatione, and pairtly to plant the kirks qwhilks as yet ly destitute of the comfort of the word, be dealing with such as hes the Kirk livings in their hands for ane reasonable moyen to sustain a minister at every kirk within this realme; qwhilk loueable custome this present Assemble being mindfull to prosecute, therefore hes given and grantit, lykeas, be these presents, gives and grants their full power and commissione to thir brethren: Mrs Robert Pont and Robert Durie for Orknay and Zetland; Mr George Gladstanes for Cathness and Sutherland; to Mrs Alex^r. Dowglass and Alex^r. Rawsone for Rosse; to Mrs George Hay and Androw Crombie for Morray; Mr George Gladstanes for Aberdeene; for Angus and Merns, Mrs Robert Wilkie and James Melvill; for Perth and Stratherne, Mrs Thomas Dowglass and John Fairfoull; for Fyfe, Mrs James Nicolsone and Robert Howie; for Lothiane, Mrs Patrick Simsone and Harie Livingstone; for Merss and Teviotdale, James Gibsone and Mr Adam Colt; for Clydsdale, Mrs David Lyndsay and John Spotswood; for Irvine and Aire, Mrs Gavine Hamiltone and Androw Knox; for Annandaill, Mrs John Knox and Patrick Schaw; for Nithsdale and Galloway, Mrs David Barclay, Alex^r. Scrymgeour, and Nathaniell Inglish: with power to them to try the brethren within the bounds particularly above designit, in their lyfe, doctrine, qualificatione, and conversation, and how they have behaved themselves touching the rents of their benefices--qwhether they have sett tacks of the samen, but consent of the Generall Assemblie or not, and so dilapidate the same--to depose such as deserves depositione--to plant ministers in such places that hes not been plantit heretofore; and to that effect to deall with the tacksmen of every paroche kirk for provision of ane minister to their kirks, and to report to the next Generall Assemblie ane answer of the tacksmen in wreit, containing the planting of the kirks qwherof they possess the teinds, and to reporte their diligence to the nixt Assemblie--_promitten de rata_.

The nixt Assemblie appoyntit to be halden at St Androis the last Twesday of July 1602.

[SIXTY-SIXTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Commissioners from the Presbytries
of the Kirk of Scotland, halden at Halyrudehouse the 10 of
Dec^r. 1602,[46] in the qwhilk the King’s Majestie being
personally present, were conveint the Commissioners following,
viz. Commissioners, with his Majestie, the Secretar, Thesaurer,
Collector, Comptroller, Sir Patrick Morray: for the Ministry,

_Orknay._

Mr Robert Pont.

_Cathnes._

Mr George Gladstanes.

_Ross Murray._

Mr Alexander Rawsone.

_Aberdeene._

Mrs Peter Blackburne.
Archbald Blackburne.
David Raite.
Richard Rosse.
John Strauchan.
Mrs John Rosse.
James Milne.
Abraham Sybbald.
Alexander Hay.

_Mearns._

Mrs John Erskine.
Alexander Forbes.
Mr James Sybbald.

_Brechine._

Mrs Andrew Leitche.
John Marshall.
Mr Josua Durie.

_Aberbrothoke._

Mrs Patrick Lyndsay.
Arthur Foothie.
Mr Henry Philipe.

_Dundie._

Mr Robert Howie.
Mr Andrew Clayhills.

_Meigle._

Mrs James Andersone.
John Barclay.
Mr David Browne.

_Peirth._

Mrs James Rosse.
Archd. Moncrieff.
Wm. Row.
Adam Balantyne.
Mrs Alex. Hoome.
John Edmonstoune.
William Glasse.
Silvester Ratray.

_St Androis._

Mrs James Melvill.
John Carmichaell.
Mr Robert Durie.

_Universitie thereof._

Mr James Martine.

_Cowper._

Mrs Thomas Dowglass.
Robt. Buchanan.
Mr Wm. Cranstoune.

_Kirkaldie._

Mrs Wm. Scott.
John Michelsone.
Mr David Spence.

_Dumfermling._

Mrs John Fairfoull.
John Cawden.
Mr Edmond Mylls.

_Edinburgh._

Mrs James Balfour.
Walter Balcanquall.
Mr Wm. Aire.

_Linlithgow._

Mrs Thomas Peebles.
Robt. Cornwall.
Mr George Inglish.

_Dalkeith._

Mrs George Ramsay.
Archd. Simsone.
Mr Adam Scot.

_Haddington and Dumbar._

Mr Edward Hepburne.
Mr Richard Ogill.

_Peebles._

John Keer.

_Merss._

Mrs John Clappertoune.
Tobias Ramsay.
Wm. Methwen.
Alex^r. Gates.
John Abernethie.
Mrs Wm. Clark.
John Knox.
James Dais.
John Smith.

_Glasgow._

Mr Andrew Boyde.
Mr Wm. Livingstone.

_Universitie thereof._

Mr Pat. Scharp.

_Paisley._

Mr John Hay.

_Dunbartone._

Mr Wm. Symsone.

_Hamiltone._

Mr John Howisone.
Mr Pat. Walkinschaw.

_Lanarick._

Mr Wm. Birnie.
Mr Robt. Ballantyne.

_Aire._

Mrs George Dumbar.
Nathaniel Inglish.
Mr John Welsche.

_Irwing._

Mr Hew Fullertoune.

_Dumfries._

Mrs Robt. Hunter.
John Browne.
Mr Richard Broune.

_Kirkcudbright._

Mr Wm. Hamiltone.

_Wigtowne._

Mr Robert Wallace.
Mr Matthew Reid.

_Edinburgh._

Mr John Robertsone.
Mr George Heriot.

_Dundie._

Mr Wm. Fargusone.

_St Androis._

Mr Wm. Russell.

_Leith._

Mr Jerome Lyndsay.
Mr David Orrock.

_Bruntiland._

Patrick Greiff.

_Commissioners for the Generall Assemblie._

Mrs Alex. Dowglass.
George Monro.
James Nicolsone.
Pat. Simsone.
Wm. Cowper.
Alex. Lyndsay.
John Spotswood.
John Caldcleuch.
Mrs Robt. Wilkie.
David Lyndsay.
John Hall.
James Law.
Gavin Hamilton.
George Scrymgeour.
David Barclay.

_Acta Sessione prima._

Exhortatione being made be Mr John Hall, Moderator of the last Assemblie, the Assemblie, after the accustomed manner, proceedit to the election of the Moderator of this present Assemblie; and, after nominatione of the brethren following, viz. Mrs Patrick Galloway, Patrick Scharpe, James Balfoure, and John Carmichaell, out of the qwhilk number the Moderator should be chosen,--be plurality of votes the said Mr Patrick Galloway was chosen Moderator _hac vice_.

The houres of convention to be nyne houres in the morning for the privie conferrence, and eleven houres for conveening of the Assemblie, and to sit qwhill 4 houres afternoon.

The Assessors appoynted to conveen with the Moderator in the privie conferrence for treating of such things as are to be concludit in the Assemblie, are Mrs John Hall, Robert Pont, George Gladstones, David Lyndsay, Alex^r. Rawsone, Peter Blackburne, John Strauchane, David Rate, Alex^r. Forbes, James Nicolsone, Robert Howie, James Melvill, Robert Wilkie, John Carmichaell, Alex^r. Lyndsay, William Glass, Patrick Scharpe, James Balfoure, Walter Balcanquall, James Law, John Spotswood, John Clappertoune, John Knox, David Barclay, W^m. Hamiltone, Nathaniell Inglish, John Hay, Andrew Lambe.

Sess. 2^a.

The said day, being callit, Mr George Gladstones, minister at St Androis, qwha was direct be the last Assemblie to have remainit for ane quarter or ane half year with the Marques of Huntlie, to the effect, be his travells and labours, the said Noble Lord and his family might be informit in the word of truth presently profest within this realme, and the enemies thereof debarrit from his company,--to give an accompt of his diligence done in his said Commission, the said Mr George compeirand, declared that at the tyme of his journeying northward for visitatione of the Presbytries of Cathnes and Sutherland, he addressed himself to the Marques of Huntly, and remained with him the space of three dayes, dureing the qwhilk tyme he conferred with him anent the controvertit heads of religione, and desyred of his Lordship that he wold schaw him qwherin he doubted, that to the effect be his conferrence he might be resolvit of such heads thereof as yet he was not fully satisfyit, qwhilk his Lordship promised to doe at his back-coming; and lykewayes, having demandit why his Lordship’s kirks were not plantit, and why he resortit not to the preaching at the ordinare tymes in paroche kirks? To the first he answerit, that the non-planting of his kirks proceeds upon the not giving licence to the parsones of the saids kirks to renew his tacks, conforme to the promise made to his Lordship be the Commissioners of the Assemblie, at the tyme his Lordship grantit to ane augmentatione of the rent of the said kirks. As to the second, he could not well resort to the paroche kirk, partly in respect of the meine rank of such as were within the paroche, and pairtly in respect his Lordship’s predecessors were in use to have ane chappell in their awne house, qwhilk he was myndit to prosecute now, seeing he was presently prepairing his house of Strathbogie. The said Mr George being demandit, why he made no longer residence with his Lordship, conforme to his Commission, answerit, he could not, because the Marques of Huntlie was upon his voyage southward, at his Majestie’s directione, for reconciliatione of the feud betwixt him and the Earle of Murray, qwhilk feud was the cause why his Lordship could not communicat.

Being callit lykewayes, Mrs Alexander Lyndsay and William Cowper, Commissioners appoyntit be the last Assemblie to await upon the Earle of Erroll for the effect forsaid, compearand, Mr Alexander Lyndsay declareit, that he had awaytit upon the said Noble Lord dureing his remaining in the Carss of Gowrie, and that he fand him ane diligent hearer of the word; and having requirit of him, if he doubtit of anything, his Lordship answerit, that, at the tyme of his reconciliatione, he did the samen unfainedly, and had casten all scruples away. As concerning the planting of his kirks, that he had provyded the samen of his awne benevolence, and that he wold communicat at such tyme as the samen should be administrat at any of his awn kirks, whereat his residence should be for the tyme.

Being callit, Mrs John Spotswood and James Law, Commissioners appoyntit to await upon the Earle of Angus, Mr John Spottswood excused himselfe, because he was direct be his Majestie to awaite upon the Duke of Lennox in his ambassadrie to France, in respect qwhereof, Mr James Law being appoyntit Commissioner conjunctly with the said Mr John, could doe nothing him alone; but because it was reportit be the haill brethren of these parts qwher the said Earle does haunt, that he did neither resort to the hearing of the word, nor participatione of the sacraments, but, be the contrair, intertaint profest enemies to the religione in his company, such as Mr Charles Broune; therefore, to advyse in the conferrence for remead thereof.

Being callit, Mr John Carmichaell, Commissioner appoyntit to awayt upon my Lord Hoome, declareit, that he execute no part of his Commission, be reason of the saids Lord’s absence furth of the countrie. The lyke excuse was usit be Mrs David Lyndsay and John Hall, qwho were appoyntit for my Lord Herres, in caice he repairit to Edinburgh, declarit to remaine a schort space in the said towne.

Anent the Commissioners appoyntit be the last Assemblie to await upon the constant platt, my Lord Collector being present, declareit that the stay of that wark proceidit upon the default of the presbytries, qwho, for the maist part, had neither returnit ane answer of his Majestie’s letters, direct be his Commissioners, of the constant platt without the qwhilk they could not proceed, and therefore the Assembly ordaynes such as had not reportit their answers, to produce them the morne.

Anent the Commissioners appoyntit for visitatione of presbytries, the Assemblie ordaynes them to give in their diligence in write the morne, that the samen may be tryit and considerit be the Assemblie, and because there hes been slackness, or no executione of such Commissioners in tyme bygane, be reason of carelessness of such as were appoyntit to accept the same; Therefore it is ordaynit, that in tyme comeing, such as shall be appoyntit Commissioners on them, and promise be their oathes in the face of the Assemblie to doe their faithfull and honest diligence in the executione thereof, and to report the same to the next Assemblie, in wreit, under the paines contained in the acts of the Generall Assemblie, being callit be the Commissioners of the Generall Assemblie to give accompt of their proceedings sen the last Assemblie, they were ordaynit to give in their diligence in write the morne.

The qwhilks things being considerit be the Assemblie, it was thought most expedient that certaine qualified persones be chosen out of the ministry, for planting of such parts of the countrie as are destitute of the word of God, and specially, that qualified men be chosen out to be appoyntit ministers to the particular families of the said noblemen, and lykewayes that the cautioners of these that are suspect of religion, and were be his Majestie ordayned to pass off the countrey be straitit, conforme to their bond, and specially for Patrick Butler, Patrick Mortimer, and wthers, and themselves be lykewise charged for breaking of the said bond.

Sessio 3.

Anent the summonds raisit at the instance of the provinciall of Lothiane and Tweddall, against Dame Helenor Hay, Countess of Lithgow, makand mention, That in the proces of excommunicatione led and deducit against her, be the presbytrie of Lynlithgow, she had made appellatione from the said presbytrie unto this present Assemblie, and therefore ordayning her to be summoned to compeir before this Assemblie, the third day thereof, to prosecute her appellatione, with certificatione, and schoe failziet, the Assemblie wald allow of the proces led and deduced against her be the said presbytrie, as at mair lenth is contained in the saids summonds, of the date, at Edinburgh, the 3d of Nov. 1602:--the samen being callit, the Assemblie continowes the same in the selfe same force and effect to the morne.

The brethren appoyntit for visitatione of the presbytries in the last Assemblie qwho were ordaynit this day to produce their diligence in wreit, being callit, compeirit Mrs David Lyndsay and John Spottswood, Commissioners for Clydsdaill, Mr Andrew Knox, for Aire; Mrs James Nicolsone and Robert Harvie, for Fyfe; Mr Robert Durie, for Orknay; and Mr George Gladstanes, for Cathness; and producit their diligence in wreit. The rest of the Commissioners either were not present or had done no diligence: Qwhilks diligences producit, the Assemblie ordaynit to be visited be the brethren, Mrs John Hall, Walter Balcanquall, Patrick Walkingshaw, Archibald Moncreiff, and James Andersone, and thereafter to report what they have found in it to the haill Assemblie.

The said day, the Commissioners qwho were appoyntit in the last Assemblie, for planting of burrow townes, vaikand and waitand upon his Majestie, qwho were ordaynit this day to produce their diligence and proceedings in wreit, to the effect they might be tryit be the brethren, and either allowit or disallowit, conforme as they deserved,--being callit, they compeirit; and in name of the rest, Mr James Nicolsone, minister at Meigle, producit their proceedings in wreit, qwhilk being openly read in presence of the haill Assemblie, and the brethren being demandit be the Moderator, if they had anything to say against the same, or against them in any other head therefore; after the particular votes of every ane of the Commissioners was speirit, the Assemblie allowit of the saids proceedings, and thanked God for the same.

The qwhilk day, the brethren conveint in this present Assemblie, having considerit nothing is more necessare for the advancement of God’s glory, and his trew religione within the same, than that the chieff rowmes and places within the countrey, such as are noblemen’s houses and families, be plantit with learnit and discreit pastors, able not only to instruct and confirme the saids noblemen, their wives, children, and families, in the trew fear of God and sincere religion presently profest within this realme, but also qwho may be their provident care and diligence, procure that the families of such noblemen be not corruptit with the company of profest Papists, Jesuites, and wthers Seminary Priests, qwho goes about daily to smore and put out the sparks of trew religione and knawledge of God kindled in the saids noblemen’s hearts; and because presently such men cannot be found to undertake the charge of the said noblemen’s families, as said is, Therefore, the Assemblie hes thought good, that for a tyme, brethren meitest for the purpose sould be borrowit from their awne places, to remaine for the space of ane quarter of ane year, continwally with the saids noblemen, be qwhais labours in the meantyme, qwhill ane constant and permanent provisione may be found out for planting of these roumes, the saids noblemen and their families may be confirmit in the truth, and the enemies thereof debarrit from their companies, and thereafter to returne to their awne charges: And in the meantyme, that the presbytries take order that their places be furnischit dureing their absence, and therefore they have elect and nominat the brethren following, to await upon the saids noblemen dureing the space foresaid, viz. Mrs William Scott, minister at Kennaqwhy, to remaine with the Marquess of Huntlie; for the Earle of Erroll, Mr Alexander Lyndsay; for the Earle of Angus, Mr James Law; for the Laird Hoome, Mr James Carmichaell; for the Laird Maxwell, so long as he remaynes in the Castle of Edinburgh, Mr Henry Blyth; for the Lord Heres, Mr Robert Wallace; for the Lord Semple, the Presbytery of Irvine, during his residence within the same; and in caice he remaine within the Presbytrie of Paisley, the said Presbytrie to awayte upon him: and lykewyse for the Earle of Sutherland, the Presbytrie of Edinburgh, because he makes residence within the same: And in caice any of the noblemen make their residence any tyme in Edinburgh, or within the Presbytrie thereof, the Assemblie ordaynes the Presbytrie of Edinburgh to direct two brethren of their number, with the like power as the brethren above specifeit, to awayte upon every ane of the saids noblemen that shall be found resident within their Presbytries; qwhilks brethren forsaid, and every ane of them, shall receive the articles in wreit frae this Assemblie, wherein they shall travell with the saids noblemen; qwhilk articles the Assemblie ordaynes to be pennit be Mrs James Melvill, James Nicolsone, Patrick Galloway, William Scott, and Alex^r Lyndsay, to be given in the morne to the Assemblie, that the brether may consider the same, the tenor qwherof follows:

Instructiones for the Brethren appoyntit be the General Assemblie
to attend upon the Noblemen above specifeit.