Chapter XXII: Part 22

1. First, ye shall adress yourselves with all convenient diligence and necessar furniture to enter in the companie and families, and there to remaine still with them for the space of three moneths continuall, dureing the qwhilk tyme your principall care shall be publick doctrine, by reading and interpretatione of the Scriptures ordinarly at their tables, and by conferrence at all meit occasions, to instruct them in the haill grounds of trew religione and godliness, speciallie in the heads controvertit, and confirme them therein.

2. Take paines to catechise the families ordinarly every day, ance or twyce at the leist, or so oft as may serve to bring them to some reasonable measure of knowledge and feilling of religione, before the expyring of the tyme prescryvit for your remaining there, and let this action begin and end with prayer.

3. Preass to have their houses purgit of all persons living inordinatly, qwhais ill example might be a sclander to their professione, specially such as are of suspect religione, and found any wayes bussie in traffiqueing against the truth and quietness of the estate of the countrey, and be carefull to hold all such persones forth of their houses and company.

4. Travell to have the kirks plantit with sufficient provision of stipends and well qualified persones, and procure that be authoritie and assistance, the discipline of the kirk may have execution within their bounds.

5. Persuade them to make honest provisione of stipends for the intertainment of resident pastors at their houses and chiefe dwelling-places, and to make choice of learnit, grave, and wyse pastors, to be plantit thereat.

6. Wrge the performance of the articles agriet upon and subscrivit at the tyme of their reconciliatione, and registrat in the books of the Assemblie, qwherout of ye shall extract them.

7. Informe the King’s Majestie from tyme to tyme how they have profited, and what company resortes to them, and qwhat dispositione their company is of.

Qwhilks articles being read in audience of the Assemblie, the brethren approvit the same, and ordaynit them to be insert, with the commission given to the ministers appoyntit to remaine with the saids Lords, in the books of the Assemblie.

The brethren appoyntit to visite the diligence of the visitors appoyntit in the last Assemblie, finds fault that in all their diligences producit, except of Caithnes and of Fyfe, the visitors hes not exactly tryit the lyfe, doctrine, and conversations of every minister at his awne kirk and be his awne flock, but nakedly and slenderly by a generall view of the Synodall Assemblie, qwhilk the Assemblie finds fault with, and ordayns it to be mendit in tyme coming.

The qwhilk day the brethren conveint, having ryplie weyit how necessar it is that ane generall visitatione be for inquyrand in the life, doctrine, and conversatione of every ane of the ministry in particular, the qwhilk, albeit it was committit to the charge of visitors appoyntit to the last Assemblie, nevertheless they, at the leist the maist of them, hes done small or no diligence in the executione of that profitable wark committit to their charge, excusit partly be infirmitie and sickness, and partly be wther necessar effaires qwherein they were imployit as they alleadgit: Therefore the Assemblie, not willing that such a necessar and profitable wark sould want their awne good execution, hes nominate, and be thir presents nominats the brethren following their very lawfull Commissioners, for visitatione of the bounds underwritten, every ane of them for their awne parts as they are particularly designit, viz., for Orkney, Mr Robert Pont; for Caithnes and Sutherland, Mr George Gladstones, Mr Alex^r. Rawsone; for Ross, Mr David Lyndsay; for Morray, Mr Peter Blackburne, Abraham Sybbald; for Aberdeen, Mrs W^m. Scott, Alex^r. Lyndsay; for Angus and Marnes, Mrs Robert Wilkie, James Melvill; for Perth and Striviling, Mrs James Martine, James Dalgleisch; for Fyfe, Mrs James Nicolsone and Robert Howie; for Lothiane, Mrs Patrick Scharp, John Cowper; for Merss and Teviotdale, Mrs John Carmichaell and James Law; for Clydsdaill, Mrs John Spottiswood, William Arthure; for Aire and Irving, Mrs Andrew Boyd, John Hay; for Nithsdale and Annandale, Mrs John Knox, Patrick Schaw, John Smith; for Galloway, Mrs John Welsche, Hew Fullertone; for Argyle, Mrs Andrew Knox, Andrew Lambe: Givand, grantand, and committand unto them conjunctlie, and in caice of sickness of any ane of them, with power to the wther, &c., to try the brethren of the ministry within the bounds particularlie committit to every ane of their charges respective, in their lyfe, doctrine, qualificatione, and conversatione, and how they behave themselves touching the rents of their benefices, qwhether they haue sett tacks of the samen, but consent of the Generall Assemblie or not, and so incurrit the sentence of dilapidatione; with power, also, to try the Presbytries within their visitationes, if they have keepit their ordinarie conventiones and particular visitationes of their awne kirks, and wsit and exercisit all things as pertaines to the Presbytrie; with power, also, to them to try every particular congregatione within the bounds committed to their visitatione, and generally, to try every ane of the ministers, presbytry, and congregatione, conforme to the particular order of visitatione sett down in this Assemblie; and in caice any fault or enormity be found be them in any of the saids visitationes committit to them, with power to censure the same according to the act of the Generall Assemblie; and as they proceed in their said visitatione, that they report their haill proces and diligence to the next General Assemblie, _promitten de rato_.

Sess. 4^a.

The said day it being considerit be the Assemblie, that for inlaike of ane constant and uniforme order of visitatione of synods, presbytries, and particular kirks, the labours and travells taken hitherto hes been almost unprofitable, Therefore, that ane solide order may be generallie observit in visitationes in all tyme coming throughout the haill kirks within this realme, the Assemblie ordaynes the brethren following, viz., Mrs Robert Pont, Patrick Galloway, James Carmichael, William Scott, and Alex^r. Lyndsay, to advyse anent the subject of visitationes, and they forme ane order of proces that shall be wsit in the same in all tyme coming, and to produce the same in wreit to the Assemblie the morne.

The qwhilk day the brethren having considerit the great travells and paines taken in [be] their brother, Mr John Howisone, in answering to Bellarmine in three sundrie volumes, and how profitable the same will be to the kirk of God, qwhilk he presentit to the Assemblie, desyring the same to be revysit be them, to the effect, if they be found worthy, they may be put forth in print, they appoyntit the said wark to be revisit by Mr Robert Howie, James Nicolsone, and James Robertsone; thereafter be Mr Andrew Melvill; and last, be Mrs Robert Pont and John Hall, and to report to the next Assemblie; qwhilks books are presently delyverit to Mr Robert Howie.

Anent the constant platt, the brether appoyntit to sitt thereupon with his Majestie’s Commissioners being demandit, qwhat effect their travells had taken in the same? they producit the conclusione of the commissioners of the said platt, resolving in three heads, out of the qwhilk ane should be chosen, as the most ready way for effectuating the said wark, qwhereof the tenor follows:

Overtures of the Commissioners of the Plat to be devysit with his
Majestie.

If every minister’s stipends being assigned out of the fruits of the kirk qwhere he serves be the benevolence of the tacksmen, that they shall grant to the augmentation of the said stipend? If there shall be ane perpetuall securitie made be the saids tacksmen of their teinds upone ane speciall grissome, to be condescendit upon for ilk chalder, for the space of nynteine yeares, to be renewit yearly thereafter for the said space for the lyke grissome, upon this conditione, that the said principall tacksmen shall grant and renew the lyke securitie to their sub-tacksmen, for payment of their part of the said grissume _pro rata_, qwhere any sub-tacks are? Or if the great benefices shall be provydit to ministers upon this conditione, that all the kirks of the prelacies be plantit with sufficient ministers, and be provydit with competent livings, as the modifiers of the constant platt shall think expedient, and he to pay to the King’s Majestie yearly the tent-part of the fruits of the said benefice qwhilk shall rest, by and attour the sustentatione of the ministry, and that all the inferior benefices shall be provydit to ministers serving the cure of the saids kirks, alse well parsonages as vicarages? Or if all the great benefices shall be dissolvit, and the prelate to have the principall kirk of the prelacie, with the temporall lands thereof, and the rest of the kirks to be provydit with qualified ministers, and the said prelat and titulars of the saids kirks to pay ane yearly dewtie to his Majestie, as the benefice may beir at the sight of the Commissioners forsaids?

Qwhilks overtures being read in presence of the Assemblie, it was ordayned that every synod should have ane copie of them to be advysit therewith, until the morne, that they might give their advyce to his Majestie, qwhilk of [the] three were maist meet to be imbracit.

Anent the referres and petitiones of the Synod of Fyffe given in to this present Assemblie, to be advysit upon be the samen: the brethren nominats Mrs James Melvill, Robert Durie, John Carmichaell, William Scott, John Cawden, John Fairfull, James Nicolsone, Andrew Lambe, Robert Howie, Patrick Scharp, George Gladstanes, and John Spottiswood, to convene the morne at aught houres, and advyse upon answers for satisfaction of the said petitiones, and to report the samen to the Assemblie; qwhereof the tenor follows:

The Articles of the Synod of Fyffe.

1. It wald be meinit be the Generall Assemblie that they are not ordinarly keepit, notwithstanding of the acts of Parliament and Generall Assemblie, and necessitie of the tyme, but the dyats thereof alterit without the knowledge of the presbytries and synods.

2. That ministers are callit before his Hienes’ Secret Council, _in prima instantia_, for doctrine and discipline, qwhilk is ane great incouragement to the enemies.

3. That all applicationes in exercise of presbytries is found fault with, under the pretence of the act of the Generall Assemblie, the qwhilk act therefore wald be sichtit and cleirly interpreted.

4. That the government of the chief matters of the Kirk continows in the hands of a few number, under the name of a Commission, to the prejudice of the liberties of the Synods and Presbytries.

5. That the Doctors beiring ordinar calling in the Kirk, be the discipline and custome thereof, are debarrit from the Assemblies.

6. That the Assemblie hes taken no tryall, hithertill, anent the cautiones sett downe for avoyding of corruption in the Commissioners’ votes in Parliament.

7. That the absence of the pastors of Edinburgh, alteratione of the ministry thereof, qwhilk was the chief watch-tower of our kirks, hurts greatly the cause of religion and encourages the enemies.

8. That there is distractione in opiniones different from that consent of hearts, qwhilk hes been in the Kirk before, in weighty causes, and over little consideratione, deliberatione, and reasonyng had, qwherby conclusions pass, almost the halfe of the brethren gainsaying.

9. That the land is defylit, and the Kirk indamnadgit, be the French Embassador’s messe.

10. Excommunicat persones for Papistrie sufferit to haunt the countrey publickly and peaceablie.

11. That the noblemen lately releicit fra excommunication for Papistrie, gives no token of the profession of the truth, but raither the contrair.

12. That apprehendit Papists’ directions and letters are keepit closs, and the danger imminent thereby to the Kirk not communicat to the watchmen, whereby they may make the faithfull warning, and prevent the perrill.

13. That the discipline of the Kirk against murther, incest, and adulterie, is not pursued with that holy severitie that becomes, notwithstanding of the frequent remissions obtainit be criminall persones, for eschewing of civill punischment.

14. That the remedies sett downe againes apprehendit dangers at diverse tymes, and at diverse meetings of the Kirk, are not followit furth.

Anent the act made of before, against such persones as abstaines from the holy communione, either for Papistrie or collour of deidly feuds, The Assemblie ordayns that every ane of the ministry keep this order following within this Kirk, to witt, That he warne such persones be the space of {blank space} moneths before the communione to compeir themselves for the samen, qwhilk beand done, and they disobeyand, that every minister incontinent thereafter, send the names of the disobeyers subscrybit with his hand to ane of the King’s Majestie’s ministers, qwha shall intimate the same to his Majestie and his Hienes’ Thesaurer, to the effect that his Majestie’s Thesaurer may put the acts made against non-communicants to executione against them, and that every presbytrie command the ministers within their presbytrie to be diligent in the executione of this act.

Because it was meint be the brethren, that the supplicatione made in the last Assemblie to his Majestie anent the restrayning of noble and gentlemen’s sonnes, that passes furth of the countrey to such places qwher there is restrainit of the trew religion, Therefore his Majestie declairit, in presence of the haill Assemblie, that he wald give ane command to the Secretar that he sould subscryve no warrant for passing of noble or gentlemen’s sonnes furth of the country, except they first fand cautione conform to the tenor of the act made in the last Assemblie anent passing of gentlemen’s sonnes furth of the country.

The said day, the King’s Majestie having declareit that it was requisite that his Hienes had ane wther minister adjoynit unto his house, to the effect his Prince might be brought up in the trew religione, Therefore the Assemblie transports Mr James Nicolsone from the kirk of Meagle, and appoynts him to be minister at his Majestie’s house, to the effect foresaid, and ordaynes him to enter in the said functione betwixt and the 15th day of February nixt to come, under the paine of deprivatione, provyding he be first sufficiently provydit be his Majestie; and lykewayes ordaynes Mr Andrew Lambe to enter to his cure in his Majestie’s house, betwixt and the first of January nixt to come, under the said paine.

Anent the planting of the kirks of Edinburgh: John Robertsone and George Herriot, Commissioners for the said towne, being callit, declarit that for the present they had but three kirks, qwhilk already were plantit with sax ministers, and qwhen as their fourth kirk, qwhilk is presently bigging, is compleit, they would crave supplement of wther two ministers.

Sess. 5^a.

The brethren appoyntit for penning the forme and subject of visitatione of kirks, gave in their advyce as followes:

The visitors shall appoynt two or three dayes for the tryall of every presbytry within the bounds of their visitatione, and be the space of ane moneth, or twenty dayes, at the leist, before their edicts, they shall make the presbytries acquaintit therewith, and send them the edict following, to be published at every paroche kirk be some other brother then the minister of the place, that it may be dewly execute, reportit, and indorsat, to the visitors at the first dyet of their meeting.

Let the edicts be so direct be the Presbytries that ane equall number shall be tryit in every ane of the dayes appoyntit for tryall of ilk Presbytrie, and the Commissioners of congregationes to be chargeit to their awne dyets accordingly.

Try the estate of every minister particularly, thereafter the estate of the congregations and countrie, and last the estate of the Presbytry in generall.

The particular Tryall of Pastors.

Try ilk Pastor seuerallie in his graces and habilitie to discharge his calling, in his furniture of books and necessare helps that may inable him in his calling, with what fidelitie and prudence he discharges himself in doctrine and discipline in his lyfe and the estate of his living. For this effect, inquyre first of the commissioners of his congregatione, what testimonie he hes of his awne sessione and remanent of his flock, and in speciall if he be resident in his parochine, upon his manss and gleib;--if his awne life and the goverment of his family be such as breeds no offence, but edifies his flock;--if he teaches every Sabbath ance or twyse, and if he teaches any wther dyets in the week;--gif he ministers the communion yearly with dew examinationes preceeding; if he hes ane established session of elders and deacons; if he keeps ane weekly conventione with his session for the exercise of discipline; if he catechises weekly ane part of his parochine; if he keeps ane ordinar visitatione of some families of his congregatione weekly; if he visits the sick and distressed qwhen occasion requyres; if he be carefull to take away all eylists and variances that falls out in the congregatione: Thereafter, if neid beis, let him be tryit be opening up some place of Scripture, and be questions; let it be inquyrit of him what helpe he hes for the advancement of his studies; if he hes the text of the Scripture in the originall languages, in caice he be sene in the tongues; if he hes Tremellius’ translatione of the Old Testament and Beza’s of the New, with the vulgar Inglish translatione; if he hes the Common Places; if he hes the Ecclesiasticall historie; what Commentaries he hes upon the Scripture, and speciallie upon his ordinar text; if he hes the Acts of the Councill of {blank space} and what wther wreits of the controversies of religione, and if he uses the conferrence of brethren for his reformatione in the doubts that he finds in his reading, and of qwhom; if he hes ane ordinary course of reading the Scriptures, ecclesiasticall stories, and controversies; if he maks any memorialls of his travells in wreit; what is his ordinar text; if he be provydit in title of the personage or viccarage, and if he have sett any tacks thereof, to qwhom and on qwhat conditione; in qwhois hands are the rents of his kirk, and qwhat is the best overture that he can give for provisione of a stipend thereat, in caice it be not already sufficiently provydit, and sicht the Sessione Book. The breither beand removit, let the Presbytrie be inquyrit ane by ane, and declare wpon their conscience qwhat they knaw anent his graces, fidelitie in doctrine and discipline, and anent his lyfe and conversatione: after the qwhilk tryall let him be judgit, and either allowed or admonisched, or wtherwayes censured, as the cause requyres.

The Tryall of the Congregationes.

Try every minister particularly if there be any Jesuites, Papists, Seminarie Priests, traffiquers against the estate of Religione and quietness of the country, within their congregatione, or resetters of them: if there be any witches, excommunicats, contraveeners of the discipline of the Kirk; if there be any superstitious dayes keepit be setting out of banefires or wtherwayes; if there be any superstitious places of pilgrimages, walls, and chappells; if there be any non-communicants; if there be any homicides or deadly feuds; if there be any adulterers or incestuous persones; if the Sabbath be profaned be keeping of mercats and labouring, specially in tyme of harvest: and as they finde in the premisses, to take order for reformatione of the poynts forsaids.

Tryall of the Presbytries.

Let the Moderator be inquyrit if they keep up ordinar conventions; if they have the monethly discourse upon the common heads and disputationes; if they visite the haill kirks within their bounds sen the last generall visitatione; if they take weekly and monethly accompt of their breither’s diligence in the discharging of their dewtie be teaching and visiting of their families, and such lyke; if there be any of the number that be insolent and will not acquiesce in the determinationes of his brethrene; if there be any eylist or divisione amang the brethren; qwhat unplantit kirks are in the bounds.

Qwhilk forme the Assemblie thinks good, and ratifies and approves the same, and ordaynes it to be universallie observed in all tyme coming in all visitationes within this realme, and ordaynes the power of the visitors to be direct conforme to the acts of the Generall Assemblie.

The said day, the brethren appointit to visite the petitiones of the Synodall of Fyffe condescendit upon the answers following:

Answers to the Petitiones of the Synod of Fyffe.

1. Finds that the Generall Assemblie should be appoyntit to be keepit according to the act of Parliament, halden at Edinburgh the 5 of June 1592 years, qwherof the tenor followeth, so far as concerns that poynt: “And sicklyke ratifies and approves the Generall Assemblies appoyntit be the said Kirk, and declares that it shall be lawfull to the Kirk and ministers every year, ance at the least, and oftener, _pro re nata_, as occasion and necessitie shall requyre, to hald and keep Generall Assemblies; provyding that the King’s Majestie, or his Commissioners with them, be appoyntit be his Hienes, being present at ilk Generall Assemblie before the dissolving thereof, nominat and appoynt ane tyme and place qwhen and qwhere the next Generall Assemblie sould be; and in caice neither his Majestie nor his saids Commissioners beis present for the tyme in that towne qwhere the Generall Assemblie beis halden, that in that caice it shall be leisume to the said Generall Assemblie be themselves to nominat tyme and place qwher the next Generall Assemblie of the Kirk beis keepit and halden as they have been in use.”

2. If his Majestie shall proceed against ministers according to his Majestie’s awne declaration made and inactit in the Generall Assemblie halden at Dundie {blank space} Session 10, the desyre of the second article is satisfyit, and no wther thing meinit therby.

3. Thinks it expedient that the Act anent the applicatione in the exercise be interpret not to forbid the wseing of the word of God in applicatione to the generall ends thereof, qwhilk is lawfull to exercise after this manner. This head of doctrine serves for refutatione of such ane error, for the rebuke of such ane vyce, for comforting of a person or people in such a case; and as for particular and personall applicationes, leaves it to be advysit qwhither it shall be in tyme coming or not, and how far any thinks good that this be reasonit in the Presbytries, and then commission sent with their reasons to the next Assemblie thereanent; and, in the meantyme, no invocatione to be wsit anent personall applicationes.

4. Let all commissiones be giuen and wsed from this furth, according to the four acts of the Generall Assemblie.

5. Finds that doctors hes had, and may have, vote in the Generall Assemblie, they havand ane lawfull commissione for that effect, according as it hes been found and declarit be the Generall Assemblie halden at Edinburgh 10th Maii 1586, and at {blank space} 1581, qwher it is found and declareit be the act of the Generall Assemblie, that doctors should concurr with the elders as brethren in all Assemblies.

6. Let the caveats be lookt to and precisely keepit in tyme coming, under the paines contained in the acts made thereanent answerit in the Assemblie.

7. Acquiesces in the declaratione of the brethren that hes spoken to his Majestie thereanent, and desyres Mr Walter Balcanquall to schaw the same to the Assemblie, and how the Presbytrie of Edinburgh is satisfyit in this poynt.

8. Let their names be given up, that his Majestie may take order with them according to the lawes, and in speciall with Captain Halkerstoune, Patrick Butler, Mr Alex. Leslie, Duncane Law, Thomas Browne, William Leslie, Patrick Mortimer.

9. Endit in the Assemblie.

10. To acquiesce in his Majestie’s declaratione hereanent, and requests his Majestie that the Presbytries be acquainted hereafter, in such case qwher it shall be needfull.

11. Where there is negligence in this poynt, let it be amendit hereafter, according to the acts of the Assemblie.

12. Let farther diligence be wsit, qwhare negligence hes been.

Qwhilks answers the Assemblie allows of, and ordaynes them to be insert in the books of the Assemblie.

The qwhilk day the Generall Assemblie havand advysedly considerit the necessitie of appoynting Commissioners from this present Assemblie, not only to await upon such affaires as shall be for the weill and utilitie of the Kirk, but also to giue advyce to his Majestie anent the halding furth of the enemies of the same, qwhen they shall be requyrit be his Majestic thereto; Therefore the brethren convenit in this present Assemblie hes giuen and grantit, lyke as they, be the tenor heirof, giues and grants their full power and commission to the brethren under written, viz. Mrs Robert Pont, David Lyndsay, George Gladstanes, David Hoome, John Clappertoune, John Knox, John Spotswood, Alexander Lyndsay, Robert Howie, John Hall, John Caldcleuch, John Strachan, Andrew Knox, Gavin Hamilton, James Law, Andrew Boyd, Alexander Dowglass, Alexander Forbes, Andrew Leitche, Robert Wilkie, Patrick Scharp, Peter Blackburne, and Patrick Simsone, 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 Burrowtownes, as is or shall be destitute of pastors: Attour, if it shall happen the King’s Majestie to be greivit at any of the ministers for qwhatsoever enormitie committit be any of them against his Hienes, with power to them, or any nyne of them, as said is, to try and cognosce thereupon, and to take such order thereanent as they shall think 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’s secret Councill and generall Conventione of Estates and Parliament, if any shall happen to be, and to crave redresse of the samen--_promitten de rato_.

The said day, the Assemblie, considering that the conventiones of the people, especiallie on the Sabbath day, are very rare in many places, be distractione of labour, not only in harvest and seed-tyme, but also euery Sabbath, be fisching both of whyte fische and salmond fisching, and in ganging of milnes of all sorts on the Sabbath day, under the payne of incurring the censures of the Kirk, and ordaynes the Commissioners of this present Assemblie, to meine the same to his Majestie, and to desyre that ane pecuniall paine might be injoynit upon the contraveiners of this present act.

Anent the overtures giuen in be the Commissioners of the constant platt, with the qwhilk the brethren were ordaynit to be advysit: after mature deliberatione and voteing, the Assemblie thinks the second overture most expedient to be acceptit, bearing the provisione of ministers to all prelacies, with the conditiones therein contenit, as is above exprest.

Anent the planting of the kirks within the bounds of Annandale, qwhilks hes been desolate continually, sen the reformatione of religione within this realme, after that the King’s Majestie had made declaratione of his godly intentione thereanent, how that his Majestie was myndet to cause the barrones and gentlemen of Annandale, at their compeiring before his Hienes, qwhilk will be schortly, find sufficient cautione and seurtie for provisione of reasonable and competent livings to every ane of the kirks within the bounds of Annandale, and therefore desyrand that ane number of qualified men may be provydit for to enter in the ministry at the kirks within the saids bounds.

The Assembly ordaynes every ane of the Commissioners present to give in the names of such persones qwho are vaikand within their presbytries, and willing to enter in the ministry, to the effect they may be exhortit and earnestly dealt with be the Commissioners of the Generall Assemblie, qwho shall plant them in places they think maist meet, for to accept upon them the cure of the saids kirks, how soone sufficient provisione may be found out for them, and security for themselves; and in caice that after all the discretione be wsit with them, they then refuse to accept the saids callings upon them, the Assemblie declares that they shall be counted incapable of the functione of the ministry, ay and qwhill they meine themselves to the saids Commissioners, qwhais calling and directione they refuised, and be content to be employit in any part qwher they shall think expedient; and in caice they be already actuall ministers, and crave transportatione, if they refuse to be transportit to any of the saids vaikand kirks, the Assembly finds that the liberty of transportatione sall be denyit unto them, so that they shall remaine at the saids kirks, from the qwhilks they crave to be transportit.

The names of those that are vaikand.

_Brechine._

Mrs Henrie Fullartone.
Thomas Hague.
Mr Dougal Campbell.

_Aberbrothock._

Mr Thomas Glover.

_Dundie._

Mr David Lyndsay.
Mr John Scrymgeour.

_St Androis._

Mrs Wm. Wedderburne.
Peter Bruce.
Mrs David Wilkie.
David Kynneir.

_Perth._

Mrs Thomas Ross.
James Ross.
Mrs Alex. Balnauis.
Patrick M‘Gregour.

_Merss._

Mrs John Spottswood.
John Gibsone.
Mr Wm. Struther.

_Irvine._

Mrs Robert Boyde.
James Montgomrie.
Mrs Mal. Hamiltoun.
Ro^t. French.

_Lanrick._

Mrs George Clidesdaill.
David Lyndsay.
Mr David Rodger.

Acta Sessione 6.

Anent the supplicatione given in be Alexander Stewart of Gairlies, Provost of Dumfries, in name and behalf of the councill and commontie of the said towne, makand mentione, that qwhere [be] the transportatione of Mr Hew Fullertone, sometyme minister at their said kirk, the estate of their congregatione is altogether desolate in such sort, that for inlaike of ane pastor qwho should attend upon their flock, and to caire the weill of their soules, they are not only depryvit of the spirituall food and comfort of the word, but also their towne is become ane seat of excommunicat Papists and Jesuites; desyrand therfor this Assemblie to consider their miserable estate, and to provyde some qualified men to be their pastor; and in speciall, ane of the leits given in be them, viz. Mrs David Barclay, Wm. Arthure, Alex. Scrymgeour, Wm. Watsone, or Hew Fullartone; promising that not only they wald be reverent hearers of the word, but also that they wald assist and concur with him that shall be nominat to be their pastor, in the executione of discipline of the Kirk to the uttermost of their power; as at maire lenth is containit in their said supplicatione: The Assemblie, after voteing, hes chosen Mr Wm. Arthure to be minister at Dumfreis, quham they ordaine and appoynt to be minister at the said kirk, after incalling upon the name of God.

The said day it was thocht good be the brethren, to be meinit, that notwithstanding his Majestie’s good meaning and intention to have all the kirks within this realme sufficiently plantit with ministers with competent livings appoyntit for them, and albeit it was provydit be the act of Februar, and approvit in Parliament, that all the thirds of the benefices sould be applyit to the wse of the ministry ay and qwhill the kirks were plantit, and that, pensiones given in prejudice thereof should be null, yet be importune suiting, ane great part of the saids thrids are disponit in pensione, to the great hinderance not only of the present provisione of the ministry, but also of the constant platt qwhilk his Majestic intends; desyrand therefore that his Majestie were informit thereof, and tak such order that the saids dispositiones made in contrair the said act of Februar should be retreatit, and that command sould be given to the modifiers of the platt of this instant year, to assigne out of the saids pensiones for planting of kirks, notwithstanding of the saids dispositiones: The qwhilk his Majestie maist willingly grantit, and promised to stay all further giftes in all tyme coming.

_Item_, The Assemblie thocht expedient to adjoyne and nominat wthers out of the number of the brethren to be adjoynit to these, qwhilks were nominat be the Commissioners of Provinces conveint at Halyrudehouse, the 15th of October 1560, out of the qwhilk number his Majestie should make choyce of such as he should present to the benefices vaikand. The names of them all are as follows: Mrs Robert Pont, Robert Howie, James Nicolsone, Alex^r. Scrymgeour, John Forbes, Gavin Hamilton, George Munro, James Robertsone, John Howiesone, James Melvill, Andrew Knox, Patrick Galloway, Alex^r. Douglass, Alex^r. Lyndsay, Robert Wilkie, John Spotswood, William Malcolme, Alex^r. Forbes, John Knox, Andrew Lambe, John Clappertone, George Grahame, Robert Bruce, John Carmichaell, Patrick Lyndsay.

Anent the request made be the moderator, in name of the haill Assemblie, to his Majestie, in favours of Mr Robert Bruce: his Majestie declarit that he wold doe in that matter be the advyce of the Commissioners of the Generall Assemblie, and Mr Rob^t. be his awne behaviour should give him occasione; and because Mr Ro^t. Bruce had be his missive direct to his Majestie before his departure off the countrie, as also by the ratificatione and farther examinatione and explanatione thereof, in write, at Perth, the 26th of July 1602, declareit his resolutione of his Majestie’s innocencie, and guiltiness of the Earl of Gowrie and his brother, and promised to direct the people so farr as in him lay, from their lewd opinions and uncharitable constructiones anent his Majestie’s actiones, namely, in this turne; Therefore, his Majestie desyrit the determinatione of the Assemblie, qwhither, if the said Mr Robert sould likewise make the same declaratione in pulpit, according as it is at lenth sett downe in the said missive and explanation thereof, at Perth, qwherof the tenor follows:

Please your Majestie: Hearing that your Majestie was nothing relentit of your wrath against me, and now being upon the poynt to schaw my obedience to your Majestie’s last charge, I could not omitt this as my last dewtie, to intreat your Hienes’ clemencie, and to mitigat the extremetie of this intendit wrath. I am not ignorant that the wrath of the Prince is the messenger of death; so that I crave that the Lord for Christ’s sake may add his blessing and work effectually in your Grace, as he shall see expedient for his own glory and your Majestie’s perpetuall preservatione. Then to be schort: To schaw my conformitie with the rest of my brether of the ministry, as at all tymes, so now especially, to schaw my reverence to your Majestie, and to clear my suspectit affections herein, I offer to give to the Father of our Lord Jesus Christ, in him, and through him, most hearty thanks for all your Majestie’s deliveries, from your cradle to this present houre. But namely, for that deliverie qwhilk he delyverit to your Majestie, in St Johnstoune, on Tuesday the 5th of August, farr above all your Majestie’s deserts, and your Majestie’s expectation. I offer also to steir vp the people to that same dewtie, and attour to divert the people so farr as in me lyes, from their lewd opiniones, and uncharitable constructiones of your Majestie’s actions,--namely in this turne. _Finallie_, there is no dewtie that your Majestie can crave of men, without the manifest offence of God, and hurt of my own conscience, but I will doe it with alse good ane heart as ever I did thing in the earth: That if by any meanes I might testify my good affectione toward your Majestie my Sovereigne, and to enjoy my naturall air, and such wther comforts as the Lord hes given me under your Majestie’s reign, qwhilk I most humbly crave of your Majestie--beseekand the Lord to move your heart hereunto for Christ’s sake: So waiting of your Heines’ answer in all humility, I take my leave.--_Sic subscribitur._

Mr ROB^T. BRUCE.

And upon the back thereof, “At Perth, the 26th of June 1600. Farther, concerning the heids within containit, I am resolvit of his Majestie’s innocencie, and the guiltiness of the Earle of Gowrie and his brother, according as it is declareit be the act of Parliament, and therefore acknowledges the great mercy of God towards his Majestie’s haill Kirk and countrie; in his Majestie’s delyverance, for the qwhilk I thank God from my heart.--_Sic subscribitur._

Mr RO^T. BRUCE.”

The qwhilk, the haill Assemblie, after voteing, thought not onlie reasonable, but also concludes that the said Mr Robert aucht to doe the same.

Anent the supplicatione given in be Mr Robert Pont, minister at St Cuthbert’s Kirk, desyrand, in respect of his great age, and long travells taken in the Kirk of God, and continwall seikness qwhilk followeth age, that he might be relieved from the ordinare burden of teaching, upon condition that he shall substitute ane in his place when as through infirmitie he sould not be able to teach himself: The Assemblie thinks his sute reasonable, and therefore condescendit unto the same.

_Item_, Because his Majestie declarit that he was informit that sundry of the ministrie neglectit that part of their duty towards his Majestie in not giving thanks to God for the wonderfull delivery of his Majestie from the treasonable attempt at St Johnstone of sometyme John Earle of Gowrie, and his brother, upon every fifth day of August: Therefore the Assemblie statutes and ordaines that in all burrow townes within this realme there be ordinar teaching and preaching every Tuesday, in remembrance of the delyverie of his Majestie that day of the week, and that every fyfth day of August there be preaching within every paroche kirk within this realme, to burgh and land, thankand God of his Majestie’s delyverance that day of the moneth; and because the people in landwart parochines cannot so easilie be conveint as in the burrow townes, therefore, and for better convening, it is ordainit that every minister at the landwart kirk shall, upon the Sunday preceding the 5 of August, make intimatione to his parochiners to convene the said day in the kirk with him, to give God thanks for his Majestie’s delyverance. And to the effect that all ryotousness, drunkenness, and wther filthie exercises, may be restrainit, his Majestie promised to cause all insolencie in behaviour to be dischargit and forbidden yearly, be open proclamatione, and magistrats to take order with the contraveiners thereof.

_Item_, The Assemblie ordaynes that no marriages be celebrate early in the morning or with candlelight, and finds lykewayes that it is leisum to celebrate the said band of marriage upon the Sabbath day, or any wther preaching day, as the pairties shall requyre and think expedient: and ordaynes the same to be indifferently done, and that no ryotousness be used at the same upon the Sabbath day.

_Item_, It is statute that the sacrament of baptisme be not refusit to any infants if the parents crave the same, he givand ane Christian confession of his faith, upon any wther particular pretence, and specially, that baptisme be not delayit to certaine particular dayes.

Anent the supplicatione given in be Mr Edward Bruce, Abbot of Kynloss, makand mention, that qwher he havand ane tacke and assedatione of the kirk of Tarbet, sett be Mr John Monro, and lykewayes be Mr David Lyndsay, Bishop of Ross, the yearly dewtie qwherof, albeit it extends only to the soume of two hundreth punds, neverthelesse he, for the better intertainment of the actuall minister at the said kirk, hes condescendit to convert the said soume of twa hundreth punds in twa chalders of bier for ane constant stipend to the said minister and his successors, ministers at the said kirk of Tarbett, upon conditione that the ministers of the Presbytrie of Rosse, qwhilks are of the chapiter of the said bishoprick, wald ratifie and approve this tack of the said kirk, qwhilk they wald willingly doe, provyding the Assemblie’s consent were obtainit thereto, as at mair lenth is contained in the said supplicatione: The Generall Assemblie ratifies and approves the said tack and assedatione, sett to the said commendator of the said kirk of Tarbett, alse weill be the said Mr John Monro as be the said Mr David Lyndsay, and ordaynes the brethren of the presbytrie of Ross, qwho are members of the said chapter, to consent to the same be their subscriptiones, because they understand the said kirk to be sufficiently plantit be the moyen forsaid.

Anent the supplicatione given in be Mr Patrick Carmichaell, minister at Aberdour, makand mention, that qwher the Assembly halden at Montrose in Marche 1600 years, it was concludit that Mr William Patone should serve the cure of both the kirks of Aberdour and Dalgatie, and for his service sould uplift the old stipend of baith the saids kirks, ay and qwhill sufficient provisione be made for planting of both the saids kirks; and trew it is that the said complainer is now plantit minister at the said kirk of Aberdour, desyrand, therefore, to cause the half of the said stipend to be dimittit to him be the said Mr William in respect of his service at ane of the saids kirks: The Assemblie finds and decerns the haill stipend controvertit, to pertaine to Mr W^m. Patone, minister at Dalgatie, conforme to his assignatione of the cropt 1601, except the viccarage of Aberdour, qwhilk they adjudge to pertaine to the said minister of Aberdour.

Anent the supplicatione in the north paroche of Leith, makand mention, that qwher the Presbytrie of Edinburgh hes erected the said north paroche in ane parochine, qwhilk is also approvine be the Synod of Lowthiane, desyrand, therefore, the ratificatione of the Generall Assemblie unto the same: The Assemblie ratifies and approves the erectione of the same in all poynts.

Anent the supplicatione giuen in be the inhabitants of the ferrie of Scottscraig, Garpat, Shannwell, and Muirtaine, makand mention, That they being a great multitude, and farr distant from their paroche kirk of Leuchars, they, with common consent of the haill parochiners, Presbytrie of St Androis, and Synod of Fyffe, had erectit ane paroche kirk in the said Ferrie, and almost compleited the same, for the commoditie and use of the people most adjacent thereto, and to give power to the Presbytrie to annex sic villages as are most adjacent to the said paroch kirk: The Assemblie ratifies the erectione forsaid, and gives power to the said Presbytrie to the effect above written.

Anent the supplicatione giuen in be ane Noble Lord, Alexander Earle of Lynlithgow, makand mentione, That qwher it hes pleasit the brethren of the last Assemblie to relax Dame Helenor Hay, his spouse, from the sentence of excommunicatione, and to injoyne certaine particular conditiones to be observit be hir, qwhilks conditiones, albeit schoe, of the stubbornness of her heart, wold no wayes condescend unto, to his great grief and sorrow, nevertheless, the brethren sould have consideratione of his hard estate, who cannot, be no law, separate himself from her, notwithstanding that schoe refuises to hear and obey the wholsome voyce of the Kirk, calling her to grace in Jesus Christ; and that the rather because he himself, as he hes continuallie and constantly profest the truth and religione presently profest within this realme, so he hes used all means possible to bring his house to the trew knawledge of the same; Lykeas also he is ready in his power, be all good meanes to draw her to the truth; desyrand, therefore, the Assemblie to pity his dayly grief, and schaw him some favour in the mitigatione of her punishment, and staying of the censure of excommunicatione against her, that he be not compellit to remaine in societie with her that shall be cutt off from the society of the Kirk: The Assemblie having considerit the supplicatione, continows the sentence of excommunicatione against her unto the nixt Generall Assemblie, provyding that the King’s Majestie remove his Hienes daughter out of her companie, and lykewise that his Lordship’s bairnes be catechised in the truth, and that his Majestie give command to him to debarre all Papists from his house, and that in the meantyme his Lordship cause deall with his said spouse, to sie if by any meanes she may be drawne to the knawledgeing of the truth.

Sessio Ultima.

Anent the supplicatione giuen in be the brethren of the Synod of Glasgow, makand mention, That qwher albeit syndrie tymes they had discharged, be their acts, Mr George Symple, to have any medling with the ministry of the kirk of Killelane, for the causes and considerationes knawn to them, and speciallie for a great myslyking that specialls of the paroche had of him, nevertheless, he not only insistit in suiting of the said kirk, but also had obtaynit, be privie moyen, the consent of the Commissioners of the Generall Assemblie thereto, for planting of him at the said kirk, the saids brethren not being heard, nor their reasons in the contrair discusst, desyreing therefore their reasons to be heard, and after dew tryall, that the Assemblie wald give their finall sentence in the said matter, qwhilk they would obey: The Assemblie, after dew tryall, absolves the said Mr George from all evill crymes and eylists qwhilk were laid to his charge, either be the brethren of the said province, or be the parochiners of Killelane, and gives him, be thir presents, ane testimony of his honest behaviour; but in respect he was never fully plantit minister at the said kirk, and of the great mislyking that is betwixt him and sundrie of the saids parochiners of Killelane, as said is, they think it not good that he be plantit minister at the said kirk, and therefore ordaynes him to desist therfrae, and dimitt the presentatione made to him of the benefice thereof in favours of Mr John Cunninghame, qwham the Presbytrie hes thought good to be minister at the said kirk, upon conditione that the said Mr George be first satisfyit be the said Mr John for his said dimissione, paines and loss, susteinit be him in pleying of the same: Qwhilk satisfactione shall be presently modified be Mr John Cowper, arbiter chosen for the said Mr John Cunninghame, and Mr Robert Pont, arbiter chosen for the said Mr George Simple, and, in caice of variance, be Mr Patrick Galloway, as odsman and oversman chosen be both their consents: with provisione lykwayes that the said Mr George be first plantit at the kirk of Kirkbeane, or any uther place qwher his Majestie shall think expedient in the south-west parts, with sufficient provisione for his sustentatione thereat.

The said day, the Assemblie ordaynes Richard Browne to be transportit to the kirk of Holywood, and that the brethren deall with the Abbot for ane sufficient provisione to the said kirk, and in speciall Mr David Barclay, Mr Robert Hunter, and Mr Hew Fullertoune.

_Item_, The Assemblie ordaynes that, in all tyme coming, the licence be grantit to any beneficit persone to sett tacks, be restraint aither to ane lyferent tack, or to ane nynetein year tack allanarly.

Anent the supplicatione given in be Mr John Nicolsone of Lesswade, beirand, that qwher he was kindlie tacksman of the teinds of his awne lands of Leswade, in respect qwherof he had agreit with Mr George Ramsay, Deane of Restalrig, for renewing of his said tacks for payment of ane greater dewtie then they payit of before, so that the Kirk was sufficiently plantit, to the qwhilks the said Mr George condescendit, desyrand, therefore, the Assemblie to ratifie and approve the saids tacks, and declare the same alse sufficient as if ane speciall licence had been obtained thereto: The Assemblie ratifies and approves the same taks of the teinds of his awn lands of Lesswaid, and declares the samen als sufficient, as if a speciall licence had been obtenit therto.

_Item_, At the earnest sute of the Presbytrie of Clyddisdaill, Walter, Prior of Blantyre, tacksman of the personage of Glasgow, had condescendit to give the number of 15 chalder victuall, by and attour the dewtie of his tacks, for the better provisione of the ministrie at the said kirk of Glasgow, upon conditione that the present persone sould ratifie and approve his present tack that he hes to runne of the said teinds: The Assemblie thinks the conditione reasonable, and therefore ordaynes the persone to ratifie the same, and declares that the said Commendator shall not be farther troublit for any great provisione to the said kirk during his saids tacks, be nane of the ministry serving that cure.

Anent the propositione made in the Assemblie upon the priuat motiones of sundry particular brethren, from diverse parts to the Moderator, desyrand that a certaine number of the brethren of best judgement and experience should be put apart to consider of the chiefest dangers appeirand to the estate of religion and quyetness of the countrie, and of the principall causes thereof, and how the samen micht be most effectuallie preventit, with power to them to conclude and to communicat their best advyces to his Majestie thereanent, and to the Presbytries so far as shall be found expedient: The Assemblie finds the samen most requisite, and for the effect above-written, nominats, &c. with power, as said is.

The qwhilk brethren having at lenth communicat their informatione, together with their awne knawledge anent the premisses, Finds that ane of the chiefest causes of danger proceeds from the miscontentment of some malicious and wicked Papists, that rages and leaves nothing unessayit to trouble; for being out of all esperance to have his Majestie’s indifferent affection or oversight toward them and their religion during his reigne, and of others that be the executione of justice finds themselves or their friends and their houses to have sustainit any losse, and to be impairit of their grytest dependance, and redacted to live under the obedience of the lawes utherwayes nor they were wont, and from the malicious business of certaine craftie and seditious persones, that either for the present necessitie of their awne estate, or for the hope of advancement of gaine to be had in the change of the present goverment, ceases not be all meanes to inflame the hearts of such as they perceive to be miscontentit in any estate, and making every man to see his own desyre in the trouble of the countrey, dealing in the meantyme likewayes with such as are of the most sincere affectione to Religion and Justice; That things is not done of that integrity that is profest, pressing to make the godly and good subjects the more cold, and adversaries to such as would intend a trouble: ffor remead qwhereof it is thocht good and concludit, That his Majestie shall be informit hereanent, that be his awne care and foresight such ungodly plots and counsells may be frustrate, and suchlyke that every minister within this realme shall deall generally with their congregationes and auditors at all occasiones in their publick doctrine in pulpit, and with all noblemen, barrones, gentlemen, and uthers that are of any speciall credite or power, particularlie in their private conferrences, persuading them of the King’s honest mynd toward the establisching of the trew religione presently profest within this countrie, and the executione of justice, and of his stedfast resolutione to hazard his estate, lyfe, and crowne, in the cause of the gospell, with the standing and falling qwhereof he acknowledges his standing and falling to be inseparably conjoynit, and that they mark carefully the actiones of all men, especially of such as either for religione or executione of justice, or for the necessitie of their awne estate, mislykes the present government, and are inclynit unto novations, and qwhom they see in any extraordinar kinde of bussiness by their custome, and that they make his Majestie’s Ministers acquaintit therwith, not ceasing in the meantyme to bring them to ane quiet minde; and for this effect that in all their ordinary meetings in Sessions, Presbytries, and provinciall Assemblies, there be a particular and private inquisition in thir poynts as need beis, that his Majestie’s Ministers may be advertised with all expeditione: And lykewayes it is thought expedient and concludit that his Majestie’s Ministers, and such uthers of the ministrie as shall have occasione to be in any charge about his Majestie, informe the Presbytries of the estate of things as they proceed, so far as it is needfull for the weill of the cause, and that this advyce be extractit and sent with diligence to every Presbytrie in authentick forme.

The nixt Assemblie is appoyntit to be halden at Aberdeene, the last Twesday of July in the year of God 1604 years.

Thanks beand given to God be the Moderator for the comfortable successe of this present Assemblie, the brethrene were dismissed.

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