Chapter XXIV: Part 24

12. The libertie of the electioun of personis callit to ecclesiasticall functionis, and obseruit without interruptit continewnce salang as the kirk was not corruptit be Antichryst, we desyr to be restoirit and retenit within this realme:

13. So that nane be intrusit upone ony congregatioun, aither be the Prince or ony inferiour persone, without lawchfull electioun and the assent of the peple ouir quhom the persone is placet, as the practise of the apostolicall primitiue kirk and guid ordour craves.

14. And becaus this ordour, quhilk Goddis word cravis, can not stand with patronages and presentationis to benefices, usit in the Papis kirk, We desyr all thame that trewlie feiris God, eirnestlie to considder, that forswamekle as the names of patronagis and beneficis, togidder with the effect thairof, are flowene frome the Pape, and corruptioun of the canone law onlie insafar as thairby ony persone was intruised and placit ovir kirkis hauing _curam animarum_; And forswameikle as that maner of proceding hes na ground in the word of God, but is contrar to the same, and to the said libertie of electioun, thay aucht not now to have place in this licht of reformatioun: And therefoir quhasaever will trewlie imbrace Goddis word, and desyr the kingdome of his Sone Jesus Chryst to be aduancit, thay will also imbrace, and resaue that policie and ordour quhilk the word of God, and upright stait of his kirk craves, vtherwyse it is in vane that thay sould haue profest the same. Notwithstanding as concerning uther patronages of benefices that have not _curam animarum_, (as they speik,) sic as ar chaplanreis, prebendaries fundeit upon temporall landis, and annuallis, and siclyk, may be reseruit unto the ancient patronis, to dispone that upone, quhan thay veaik, to scolleris and bursaris, as thay are requirit be the act of Parliament.

15. As to the kirk rentis in generall, we desyr the ordour to be admittit and mantenit amangis us, that may stand with sinceritie of Goddis word, and practes of the puritie of the kirk of Christ.

16. _To wit_, that as was befoir spokine, in the haill rent and patrimony of the kirk, (excepting the small patronagis befoir mentionat,) may be divydit in four partis and portionis: Ane thairof to be assignit to the pasture for his intertenement and for hospitalitie; ane uther to the eldaris, deaconis, and utheris officiaris of the kirk, sic as clerkis of assembleis, takaris up of the psalms, beadallis and keparis of the kirks, safar as thay ar necessar; joyning thairwith also, the doctouris of scoles, to help the ancient foundationis quhere neid requireth: The thrid portioun to be bestowit unto the pure memberis of the faithfull, and hospitallis: The fourt for reparatioun of the kirkis, and utheris extraordinar chargis as ar profitable for the kirk, and also for the commoun welth, gif neid require.

17. We desyr thairfoir, the ecclesiasticall guidis to be upliftit, and distributit faithfullie, to quhome thay appertene, and that be the ministrie of the deaconis, to quhais office properlie the collectioun and distributioun thereof belangis: that the pure may be answerit of thair portioun thereof, and thay of the ministrie leue without care and solicitud, as also the rest of the thesaurarie of the kirk may be ressauit, and bestowit to the richt uses.

18. Gif thayes deaconis be electit with sic qualiteis as Goddis word craves to be in thame, thair is na feir that they sall abuse thame selfis in thair office, as the prophane collectouris did of befoir.

19. Zit becaus this vocatioun apperes to mony to be dangerous, let them be oblisht (as thay war of auld) to ane ʒeirlie compt to the pasturis and elderschip; and gif the kirk and Prince think expedient, lat cautioneris be oblist for thair fidelitie, that the kirk rents onnawayis be delapidat.

20. And to the effect this ordour may tak place, it is to be prouydit, that all utheris intromettouris with the kirkis rentis, collectouris generall or speciall, whidder it maybe by appointment of the Prince, or utherwayis, be denudit of forder intromissioun thereof, and suffer the kirk rentis in tymis cuming to be haillalie intromettit with be ministrie of the deaconis, and distribute to the usis afoir mentionat.

21. And also, to the effect that the ecclesiasticall rentis may suffice to the uses for the quhilk thay ar to be appointit, we think it necessar to be desyred, that all alienationis, setting in fewis or takis of the rentis of the kirk, alsweill landis as teindis, in hurt and diminutioun of the auld rentallis, be reducit and annullat, and the patrimony of the kirk restoirit to the formar and auld libertie.

22. And lykewayis, that in tymis cuming, the teindis be set to nane bot to the laubouraris of the ground, or ellis not set at all, as it was aggriet upone, and subscryuit be the nobilitie befoir.

The Vtilitie that sall flow of this Reformatioun to all Estaitis.

CAP. 13.

1. Seing the end of this spirituall gouernament and policie, quhairof we spak, is, that God may be glorifeit, the kingdome of Jesus Chryst advancit, and all thay quho ar of his mysticall body, may leve peceablie in conscience: Thairfoir we dar bauldlie affirme, that all thay quha haue trew respect to thais endis, will evin for conscience caus, gladlie aggrie and conforme thame selfis to this ordour, and aduance the same, safar as lyis in thame, that their conscience being set at rest, thay may be replenisched with spirituall gladnes in geving full obedience to that quhilk Goddis word and the testimony of thair conscience dois craue, and refusing all corruptionis contrare unto the same.

2. Nixt, we sall becum an example and patrone of guid and godlie ordour to uther nationis, cuntreis, and kirkis professing the same religioun with us, that as thay haue glorifeit God in our continewing in the sinceritie of the word hitherto, without all errouris, (praise be to His name,) sa thay may haue the lyk occasioun in our conuersation, quhen as we conforme our selfis to that discipline, policie, and guid ordour, quhilk the same word and puritie of reformatioun craves at our handis; vtherwayis this feirfull sentence may be iustlie said to us, The servand knawand the will of the maister, and not doing it.

3. Mairouir, gif we haue ony pitie or respect to the puir memberis of Chryst, quha sa greatlie increase and multiplie amangis us, we will not suffer thame to be langer defraudit of that part of the patrimony of the kirk, quhilk justlie belangis unto thame: And be this ordour, gif it be dewlie put in executioun, the burding of thame sall be takine of us to our greit confort, the streitis sallbe changed of the cryingis and murmuringis of thame; as we salbe na mair sklander to uther nationis, as we haue hitherto bene, for not taking ordour with the puir amangis us, and causing the word quhilk we profess to be euill spokine of, giving occasioun of sclander to the enemies, and offending the consciences of the semple and godlie.

4. Besyds this, it sallbe a greit ease and commoditie to the haill commoun peple, and releving thame of the beilding and uphalding of thair kirkis, in bigging of briggis and uther lyk public warkis; to the laubourars of the ground in the payment of thair teindis; and schortlie in all cheif thingis, quhairunto thay have bene hitherto rigorouslie handlit be thame that war falsely callit kirkmen, thair tackkismen, factouris, and extortionaris.

5. Finallie, to the Kingis Majestie and common-welth of the countrie, this profit sall redound, That the uther effairs of the kirk being sufficientlie provydit according to the distributioun of the quhilk hes bene spokin, the superplus being collectit into the thesaurarie of the kirk, may be profitablie imployit, and liberallie bestowit upon the extraordinar support of the effairis of the Prince and commoun-welth, and speciallie of that part quhilk is appoyntit for reparatioun of the kirks.

6. Sa, to conclude; all being willing to apply thameselfis to this ordour, the peple suffering them selfis to be reulit according thairunto, (the Princes and Magistrats thame selfis not being exemit,) and thay that ar placit in ecclesiasticall estait, rychtlie reuling and governing, God sallbe glorifeit, the kirk edifeit, the boundis thairof inlargit, Chryst Jesus and his kingdome set up, Sathane and his kingdome subuertit, and God sall dwell in the meddis of us, to our comfort, throw Jesus Chryst, quha, togidder with the Fader and the Halie Ghaist, abydeth blissit in all eternitie. So be it.

_Finis._

Mr J. RICHIE.

_Deo Gratias._

This Buik of Policie being red apart privatlie be the maist pairt at sundrie tymis, and the penult of September 1591, being publicklie in the Elderschip of Haddingtoun, was subscryvit be the brethren thairof, according to the Act of the Generall Assemblie, as follows:--

Act 8 Augusti,
Sess. 10.

Mr Thomas M‘Gee, minister of Guland.
James Gibsone, minister at Pencatland.
Mr James Carmichaell, minister at Hadingtoun.
Mr L. Hay, Bass.

Thomas Greg, minister at North Berwick.
James Reid, minister at Garvat Kirk.
D. I. Byris, minister of Godis word at Barow.
James Lamb, minister at Boltoun Kirk.
Mr Johne Ker, minister at Abarladay.
David Wallace, minister at Moreine.

RESCINDED ACTS OF ASSEMBLY.

[RESCINDED ACTS OF ASSEMBLY.]

In the Assemblie of the Kirk of Scotland conveint be his
Majestie, and halden at Linlithgow, anno 1606.

Sess. 3. 12. Decembris.

In lyke maner the Conference finding that nothing mair weakened the credit and strenth of the ministerie and discipline of the Kirk against Papists, nor mair emboldned the adversares to goe fordward in their erronious course, than the appearances of division in the ministrie amang themselves, and the alienatione quhilk seemeth to be of his Majestie’s mynd from some of them: Therefore, for the removeing of all eye lysts and shew of division and alienation of mynds, either amang the ministers themselves, or of his Majestie’s good affection and favour from any of them, was thocht ane soveragne remedie for the effectuall suppressing of papistrie. And having searched and found out the cause of the distraction, of alienation of mynds forsaids in the ministrie, to be partlie a feare that some of the brether was of purpose, and upon course to subvert the libertie and discipline of the Kirk of Scotland, by removing the Sessiouns, Presbytries, Provinciall and Generall Assemblies, or by vsurping in their awn persons some sick tyrranous and vnlawfull jurisdiction as is no wayes lawfull, neither to be tolerated in a truelie and Christian reformed Kirk, and to shake off that obedience to all good ordour and comelines, established or to be established by the lawfull assemblies with his Majestie’s consent; and particularlie a griefe that some of the brether now banished foorth of his Majestie’s dominions, and uthers diseased, be long warding and relegation from their habitations and charges: And finding lykewayes be the declaration of his Majestie’s commissioners, and sick as were privie to his Majestie’s mynd, that his Hieness was no less grieved with divers formes and actions of some of the ministrie, for not haveand due regard and care to vse sick course in their actions and administration in the Kirk affaires, as might serve to intertain a solid peace and quyetnes betweene his Majestie and them, as lykewayes mutuallie amang themselves, and in speciall, that the charge of their governement was oftentymes almost ordinarlie committed to sick as, for lake of wisdome and experience, was no wayes able to keep their estate in any good frame or quyetnes, quherunto his Majestie imputed the chiefest cause of all the greifes and troubles quhilk had fallen out this lang tyme amangst the ministrie themselves, or any offence given be any of them to his Majestie, and that his Majestie could not be satisfied quhill this inconvenient were first removed, and a faithfull remedie provyded, that thereafter the lyke sould not fall out, quhilk his Majestie summarlie comprehended in this, if the affaires of the Kirk sould be administrat be the wysest and most godlie; wheranent also his Majestie’s speciall overture as heirafter followes, was prepared:

It is his Majestie’s advyse to this Assemblie, and pleasure, that presentlie there be nominat in everie Presbyterie ane of the godlie and most grave, of greatest authoritie and experience, and meitest for governement, to haue the moderation of his Presbyterie quhere he remaines, till the present sturres and fyre of dissention qwhilk is amangs the ministrie, and the great prejudice of the authoritie and credit, and the hinderance of the gospell and his Majestie’s high offence, be qwenshed and taken away; and the noblemen and others professing Papistrie within this kingdome so represt by justice and execution of lawes, or be the labours of the ministrie and discipline of the Kirk, that they be not able to hinder the course of the gospell, or strenthen and encourage the credit and power of laws against them, be committed unto the saids Moderators, and that the Bishops in the Presbyteries qwhere they are resident, in ane of the kirks of the Bishopric, have this care and burden committed unto them; and seeing that it will crediblie fall out that in the Presbytries, through the greatness of parties and the langsumnes and difficultie of processe, the saids Moderators will sometymes be constrained to referre the doing thereof to the Provinciall Assemblie and the Moderator thereof, it is therfor his Majestie’s advyse and pleasure that the Moderator of the Provinciall Assemblie, and persewing of actions of greatest difficultie be comitted unto the Bishop makand lawfull residence within the said province, or to the worthiest of them qwhen it sall happen moe than ane to be in ane province, in respect that his Majestie hes bestowed upon them, moyane and places qwherby they may be able to beare out the charges and burden of difficile and dangerous actions qwhilk other ministers were not able to sustane, and lykewayes by their credit and place in counsell, are able in sick causes, to procure greater celeritie and execution of justice as in sick cases will be requisite, than vthers.

The Conference having advysed, first anent the taking away of the forsaids fiers and suspition and satisfaction of the greifes, and willing to understand of his Majestie’s Commissioners, and sick as latelie had been acquainted with his Majestie’s intentions, and willing lykewise to heare the declaration of the Bishops thereanent as touching their owne intentions and purposes in this errand: It was declareit, that it was not in any wayes his Majestie’s purpose and intention to subvert and overthrow the present discipline of the Kirk of Scotland, but rather to augment and strenthen the samen so farre as it could serve for the well of the gospell and the restraint of vyce, and to sie sick eyelists and offences as in the administration thereof was the occasion of just miscontentment unto his Majestie, and a hinderance to the credit and authoritie of the ministrie themselves, removed and tane away, be sick good overtures as is after expressed.

In signe quhereof, as there is nothing done in derogatione of the halding of the Session, the Presbytries and Provinciall Assemblies, so it was never his Majestie’s intention, but that the keeping of Generall Assemblies at certaine competent tymes was, and is a most necessarie mean for the preservation of peace and union in the Kirk, and extermination of all heresie and schisme in the same: Therefor his Majestie doeth graceouslie declare, that as the Act of Parliament doeth still stand in full force and effect for the conveining of Assemblies anes every zeir by his Majestie’s direction, so it is his Majestie’s will that the day of conveining the next Assembly sallbe at Edinburgh the last Tuesday of July.

Sicklyke, the haill Bishops declarit that it was not their intention to usurpe and exerce any tyrannous and unlawfull jurisdiction and power over the brethren, nor to ingyre themselves any wayes unlawfullie in the Kirkes governement, or any part thereof, farder nor sall be committed to them be the Presbytries, Provinciall or Generall Assemblies; and if it sould happen to fall out that they, or any of them, sould be found to doe [in] the contrair, then, and in that case, they were content to submitt themselves unto the censure of the Kirk, als humblie as any other of the brether of the ministrie.

In lykemaner, it was declared that his Majestie, according to his occasiones,[51] lang ammitie and patience towards sick as happened to offend him of the ministrie, had delayed for a very lang tyme to give foorth any sentence against the brether now banished, still hopeing that by their good behaviour and humble sute for his Hienes’ pardon and favour, his Majestie have occasion to shew his clemencie towards them; and albeit his Majestie beand justlie provocked, was moved to give forth his will anent their banishment, Yet imediatlie, being requested in their favours be the Bishops and other brethren there present with them, it pleased his Majestie to declare that their want of his favour proceidit upon their awin default quho had never humbled themselves to seek his pardon as became them.

In respect quhereof it was thoght meit to direct the Bishop of Edinburgh,[52] Mrs Patrick Sharp, Patrick Gallaway, Robert Wilkie, Jo^n. Strauchane, W^m. Hall, Jo^n. Hay, with the Moderator of the Assemblie, to write a letter to the said brether in their name, [givand them advyce so to frame and send their humble] sute to his Majestie for his pardon and favour to them as may give his Majestie greatest satisfaction, and that the Assemblie earnestlie requeisted his Majestie’s Commissioners and others Noblemen employed be his Majestie to this Assemblie, so soone as their said supplication sould come from them of the tenor forsaid, to concurre be their credit and intercession with his Majestie, to procure them to be [made] partakers of that gracious favour quhilk his Majestie at no tyme heirtofoir refused to any of that profession quhom he fand willing to acknowledge and amend their oversight, and have recourse to his clemencie; for the quhilk declaration the Conference praised God, and thoght good that the brethren sould be written to as is befoir said, and be the brethrin befoir named.

Thereafter, having considered the overture proponed to them in his Majestie’s name, and finding it in shew, to carie some appearance of novation in the discipline of the Kirk, and fearing that it might bring with it some inconvenients: Therfor the Conference wald not take on them to determine their advyce theranent, quhill first the mater were exactlie resolvit in their presence, and sufficient remeid provyded for preventing all inconvenients might follow thereupon: Whereupon a good number of the most learned, godlie, and wysest of the brethren of the Conference, being appointed to reason and heare ane after another; and having exactly and at good length reasoned and examined quhatsumever inconvenients might follow upon the establishing of the said overture, it was considered and found at last to be ane universall voyce and consent of the whole Conference, but contradiction, that the said overture was both wise and godlie, and tending many wayes to the well of the Kirk: Provydeing that certaine cautions were observed for preventing such evils as might happen to fall out incase the said Moderators, or any of them, [should] either arrogantlie presume to usurp any farder power in the saids Presbyteries and Assemblies than it is comelie and lawfull for Moderators in sicke cases to doe, and presentlie and without innovating and altering at their owne fantassies, and at their owne hands, the custome that the discreit Moderators have used and aught to use in that place, or utherwayes be found remisse in proponeing or prosecuting any good purpose or overtouris quhilk sould be giuen in be the brethren or any of them to the saids Presbyteries and Assemblies, and according to the doubts quhilk in reasoning were found out and feared, the cautions following were aggried upon:

1. That it be provyded that the Moderators of Presbytries and provinciall Assemblies to be nominat and chosen according to his Majestie’s overtures, sall presume to doe nothing in the Presbytries and provinciall Assemblies where he moderateis, without the speciall advyse and consent of the brethren.

2. That the acts of the Generall Assemblies and caveats therein prescryved anent Bishops be observed.

3. That they sall vse no jurisdiction or power farder than the Moderators of Presbytries and provinciall Assemblies has bein in use of, be the constitutions of the Kirk befoir.

4. Incase it sall happen the Moderators of Presbyteries and provinciall Assemblies to be absent the time of the convention, then it sall be in the power of the saids provincialls and Presbytries, to nominate and choose out the wisest and gravest or their brether, to moderat their meitings in absence of the saids Moderators.

5. Quhen the place of the Moderator in any Presbyterie sall happen to vaike, the election of another to succeed in his rowme, sall be made be the whole provinciall Assemblie, with consent of his Majestie’s Commissioners, if any happen to be there present for the tyme.

6. And when any of the saids Moderators sall happen to depart this life betwixt Assemblies, it sall be lawfull to the Presbyteries to nominat ane of the gravest and worthiest of the number to continue in the Moderation of the Presbyterie qwhill the nixt provinciall Assemblie.

7. The Moderators of the Presbyteries sall be subject to the tryall and censure of the Provincialls; and in case it sall happen that they be found to be remisse in the discharge of their duetie, or [to have presumed] to usurpe over their brethren any farder power than is given them be their Assemblie, it sall be ane cause to them of deprivation from their office of Moderator, and they sall be depryved therefra be the saids provincialls.

8. In lykemaner, the Moderator of the provinciall Assemblies sall be tryed and censured be the Generall Assemblie; and if he be found there to have been remisse from his office of Moderation, or to have usurped any farder power nor the simple place that ane Moderator, he sall be depryved fra his said office of Moderator be the Generall Assemblie.

9. That the Moderator of ilk Presbyterie and provinciall Assemblie, with the scrybes being chosen, faithfull, wise, and formall men, be astrictit to be present at all Generall Assemblies as members thereof, and to have the rigor of the acts and proceiding of the Presbytries and provincialls there present with them, that their fidelitie and diligence may be sein be the Generall Assemblie, and the estate of the countrey therby knawen.

10. That it sall be leisum to ilk Presbyterie to send Commissioners to the Generall Assemblie, by and attour the Moderator and Scrybe, two or thrie, according to the act of our Assemblie anent the Commissioners of Presbyteries, if they sall think it expedient.

11. Farder, it is heirby declared, that notwithstanding of any thing done at this tyme, the Sessions, Presbyteries, Provincialls and Generall Assemblies, are to be observed, keeped, and obeyed as they have bein heirtofoir.

12. That the Moderator of the Generall Assemblie be chosen be vote of the said Assemblie, certaine leits being first nominat and proponed frielie, as use hes bein in tymes bypast.

13. That in everie Provinciall Assemblie where there is no Bishop makand actuallie lawfull residence, and haveand the Moderation of ane of the Presbyteries, the Moderators of the (meitest of the) Presbyteries within the said province beand proponed on leitt, the meitest of them sall be chosen be the said Assemblie Moderator thereof, his Majestie’s Commissioners’ consent there present beand had therto.

And farder, the Conference having examined the rolls of ilk Presbyterie, to sie if any was meiter to use the office of moderation than these quhilk befoir hes bein nominat to have the care of the dilation of Papists and uncommunicatis, they fand in their judgement, that the same persons was of all uthers, in everie Presbyterie, meitest alsweill to moderat as to haue care of dilation forsaid; reserveand alwayes unto the ministers of ilk Presbyterie there convinit, their awne priviledge and power, to nominat unto the Assemblie, a meiter if any be in the Presbyterie for the moderation; and therfor the said Conference finds it expedient, that the persons forsaids accept and take upon them presentlie the said office of moderation within the Presbyteries respective, and that the Presbyteries embrace and allow of them; and for this effect, that the saids Moderators and Presbyteries be requeisted therunto earnestlie be this Assemblie, and if neid beis, lykewayis charged that the Kirk of God be not long frustrat of the comfortable effects that the forsaid ordour is able shortlie, be the grace of God, to produce.

This overture beand proponed and declared at lenth in presence of the full Assemblie, everie article and heid thereof was with ane uniforme consent and allowance of all, without contradiction, except only so farre as concerned the Moderators in moderating of Presbyteries, and their continuance of the office of the Moderator bezond the accustomed tyme, quheranent certaine doubts beand proponit and satisfied, and the Bishops haveand given their declaration foorth of their awne mouthes anent their intentions and purpose, to be subject unto the acts and caveats of the Generall Assemblies, and to make residence within such a space as sould be limitated to everie ane of them be this present Assemblie; and if it sould be found expedient for the well of the Kirk, that other meiter and more worthie than they, to possesse and occupie their places, to demitt their benefices at the pleasure of the Assemblie; his Majestie’s consent [and approbatione] beand had thereto, wherein they promised, and if neid were, to be earnest suitars at his Majestie’s hands. Lykeas some of them declared, that they had alreadie most humblie craved the same of his Majestie for the respect they had to take away all offence from their brethren, provyding alwayes if aither, upon his Majestie’s advyse or probation to the Assemblie, or their awne supplication, the Generall Assemblie be moved heirafter, to grant them any relaxation of any of the caveats, quhilk upon good reason might appeare to the said Assemblie to be over strait, that this their promise sall make no derogation to the libertie quhilk the Assemblie heirafter sall be moved to grant them.

It was voted, and be pluralitie of votes concluded, to witt, his Majestie’s Commissioners, whole Nobilitie, Erles, and Barrons, to the number of threttie-three, together with ane hundreth twentie and saxe of the ministrie votting affirmative, that the said overture anent the continuance of the Moderator qwhill the present division of the kirk be removed, and the whole brethren broght to the unitie of mynd and affection qwhilk is agreeable to their calling, and may serve best to the furtherance of the cause of God, and overthrow of all contrarie cause, and the Papists alse fullie reprist or brocht to the obedience of the gospell, sould passe and be enacted as ane of the conclusions of this Assemblie;--the forsaids caveats beand alwayes keeped be everie ane of the saids Moderators, and the contraveeners censured and punished as is befor expressed--foure only of the whole Assemblie be their votes disassenting therfra, and uther foure refusing to vote for want of commission fra their presbyteries, and twa beand _non liquet_.

Extract foorth of the Book of the Acts of the Assemblie at
Lynlithgow, and subscryvit be the Moderator and Scrybe thereof.

_Sic Subscribitur_,

JA. NICOLSONE, _Moderator_.

MASTER HENDRIE PHILP, _Scrybe_.[53]

_The Names of the Moderators of Presbyteries._

_Zetland._

Mr James Pitcairne.

_Orknay._

The B. of Orknay, in his absence
Thomas Swintone, upon his expenses.

_Caithnes._

The Bishop of Caithnes, and in his absence
Samuel Bruce, upon the Bishop’s expenses.

_Taine._

Mr Johne Ros.

_Ardmannath._

Mr George Monro, to be payed by the
B. of Ros qwhile he be resident
there himselfe.

_Innernes._

Mr James Bischop.

_Forres._

Mr James Dundas.

_Elgin._

The B. of Murray.

_Dumblane._

Mr Robt. Howie, and failzeing of him
Mr George Chalmers.

_Cullen._

Mr George Douglas.

_Bamff._

Mr George Hay.

_Deir._

Mr Archbald Sibbald.

_Ellone._

Mr John Reid.

_Garioch._

Mr Robert Burnett.

_Aufurd._

Mr Alexr. Guthrie.

_Kinkardin Oneill._

Mr John Strauchane.

_Aberdein._

The B. of Aberdein.

_Mernes._

Mr Andro Ramsay.

_Brechin._

Mr Dugall Campbell.

_Aberbrothok._

Mr Arthur Futhie.

_Dundie._

Mr Jo^n. Ramsay.

_Megle._

Mr George Nicolsone.

_Perth._

Mr Alex. Lindesay.

_Dunkeld._

Mr W^m. Glass.

_Couper._

Mr W^m. Scot, and till his return
Mr Johne Caldcleuch.

_St Androis._

The B. of St Andrews: in his absence
Mr W. Wilkie, to be payit be the B.

_Kirkadie._

Mr Jo^n. Michelsone.

_Dunfermling._

Mr Jo^n. Fairfull.

_Auchterardour._

Mr John Davidsone.

_Striviling._

Mr Patrick Simsone.

_Lynlithgow._

Mr Ro^t. Cornwall.

_Edinburgh._

Mr Jo^n. Hall.

_Dalkeith._

Mr George Ramsay.

_Haddingtoun._

Mr James Carmichaell.

_Dunbar._

Mr Edward Hepburne.

_Chirnesyde._

Mr Jo^n. Clappertoun.

_Dunce._

Mr David Hoome.

_Melros._

Mr Jo^n. Knox.

_Kelso._

Mr James Knox.

_Jedburt._

Mr Jo^n. Abernethie.

_Twidaill._

Mr James Logane.

_Lanerick._

Mr W^m Birnie.

_Hamiltoun._

Mr Ro^t. Dalkeith.

_Glasgow._

The B. of Glasgow, and in his absence
Mr Patrick Sharp.

_Paislay._

Mr Jo^n. Hay.

_Dumbarton._

Mr Jo^n. Blackburne, and quhill he
make residence,
Mr W^m. Stewart.

_Air._

Mr Jo^n. Inglis.

_Irwing_.

Mr Alex^r. Scrimgeor.

_Dumfries._

Mr Thomas Ramsay.

_Kirkudbright._

The B. of Galloway, and in his absence
Mr Ro^t. Glandynning.

_Wigtoun._

Mr James Adamsone.

_Argyle._

The B. of Argyle.

_Isles._

The Bishop, and in his absence
Mr Ro^t. Steuart, and on his expenses.

Extract.

_Sic sub^r._

JA. NICOLSONE, _Moderator_.
MASTER HENDRIE PHILP, _Scrybe_.

The Generall Assemblie of the Commissioners from the Presbytries
of the Kirk of Scotland, halden at Lynlithgow, the 26th of July
1608--in the qwhilk were present the King’s Commissioner, viz.
the Earle of Dumbarr.

Sessio 1^{ma}, Julij 26, 1608.

Exhortatione beand made be Mr Pat. Galloway, Moderator of the last Assemblie, the brethren, after the accustomed manner, proceedit to the election of the Moderator of this present Assemblie; the leets being nominat, Mrs Patrick Scharp, James Law, Bishop of Orknay, John Mitchelsone, Pat. Lyndsay, John Hall, and Patrick Simpsone;--be plurality of votes, Mr James Law was chosen Moderator _hac vice_.

The Assessors appoyntit to conveene with the Moderator in the privie conferrence for treating of such things as are to be concludit in the Assemblie are these: The Earles of Dumbarr, Wigtone, and Lawthiane, with the Collector-Generall, his Majestie’s Commissioners, the Earles of Glencairne and Kinghorne, the Lords Grahame, Lindsay, Lowdane, Blantyre, Halyrudehouse, the Lairds of Balmanie, Kynnaird, Kilsyth, Carnell, the Bischopes of Caithnes, Mr William Dowglass, the Bischop of Aberdeene, Mr George Hay, the Bischop of Brechine, Mr Andrew Leitche, Mr Patrick Lyndsay, Bischop of St Androis, Mr John Mitchelsone, Mr Patrick Simsone, Bischop of Dunkeld, Bischop of Dumblaine, Mrs Will. Cowper, Patrick Galloway, John Hall, David Home, John Knox, Bischop of Glasgow, Mr Pat. Scharp, Bischop of Galloway, Mr Alex. Scrymgeour, Mr William Hamiltone, Mr Thomas Ramsay, Bishop of Argyll.

The hours of meeting appoyntit to be, for the privie conferrence, aucht hours in the morning and two afternoone, and for the Assemblie nyne houres in the morning and three afternoon. The brethren appoyntit for reading and answering the bills are Mrs Arthure Futhie, Henry Philp, John Clappertoune, John Reid, Peter Hewat, Edward Hepburne, and John Hay.

Sess. 2^a, Julii 27.

Forsuameikle as ane of the maist speciall causes of the convention of this present Assemblie is for suppressing of papistrie and idolatrie, qwhilk dayly mair and mair increases within this realme, and repressing of Papists, Jesuits, and Seminarie Priests, qwhois number still mair and mair increases within the same, to the great dishonour of God and overthrow of trew religione profest within this realme, if the same be not with some solide remead obviat in tyme: Therefore it is thocht expedient be the Assemblie, that before all uther things, this article concerning Papists and Papistrie be first advysit upon and concludit: And to the effect the Assemblie may the more solidlie and with the greater light proceed in the said matter, therefore they have ordaynit that the Commissioners of every Synod at the rysing of this Sessione conveine themselves severallie, and make ane roll conteining the number of Papists and the names of them within the bounds of their Synod: 2. The causes why Papistrie, Superstitione, and Idolatrie is come to so great ane height within this realme: 3. The remedies for suppressing all sorts of Papists and Idolaters within the same, viz. Papists already excommunicat, Papists qwho hes sworne and subscrivit to the treuth, and yet refuises to imbrace the same, and Papists that in word profess the truth, but in doctrine and deid contrairs the same: 4. What forme of proceeding every Synod hes usit against the Papists within their bounds: Quhilks articles the saids Synods shall put in wreit, and delyver the same to the Privie Conferrence at three afternoone.

It is lykewayes ordaynit that every Synod shall make ane particular roll of the names of such as are receipters of Jesuits, traffiqueing Papists, and Seminarie Priests within their bounds, and delyver the same privilie to the Earle of Dumbar, his Majestie’s Commissioner, to the effect order may be taken thereanent.

_Item_, Because the Marques of Huntlie hes been lang under proces and censure of excommunicatione before the Synods of Aberdeen and Morray, and in respect of his continuance and indurat superstitione of Papistrie and Idolatrie, they have orderly led and deducit the proces unto the finall sentence, the pronuncing quherof hes been continowit be them from tyme to tyme, upon hope of his Lordship’s amendment and turning from Idolatrie and Papisticall superstitione to the trew religion presently professit within this realme, and because they finde no hope of the same, but be the contrair greater obstinacie: Therefore the haill Assemblie in ane voyce decerns and ordaynes the sentence of excommunicatione to be pronuncit against his Lordship, with all possible diligence, and continows the declaratione of the place quhen the same shall be done and be quhom, to the nixt Sessione.

Sess. 3^a, 27 Julij.

Quhilk day, in presence of the haill Assemblie, compeirit Sir Thomas Kar of Hircha, Knight, in name of George Marques of Huntlie, and presentit ane supplicatione in name of the said noble Lord beirand as followis: Because that conscience is the only argument that movit me this wayes to protract tyme till I had perfect resolutione, and being far from an opinator, or ane that is given over to self-will, as appearit be my yielding to hear conferrence, and, lastly, be my going to the Kirk. I first wald have cravit, if possibly it might have been done, that I might have been heard with myne own mouth, that I might most heartilie intreatit that ane tyme might be condescendit on by your worships, within the quhilk, as it shall please you to conclude, I offer either to satisfy the Kirk, or presently to find surety under great soumes to avoyd the countrey before this day to be prescryvit be your worships. _Sic subscribitur_, HUNTLIE: And conforme thereto desyrit the same to be considerit, and requests in respect of the offers therein conteinit the pronouncing of the sentence of excommunicatione against his Lordship to be continowit. Quherwith the haill Assemblie being ryplie advysit, fand the offers conteinit in the supplicatione to be very frivolous, and no wayes inclyning to obedience and satisfactione; in respect quhereof, and for many other causes, and in speciall, because his Lordship, be his band, subscrivit with his hand upon the last of Junii 1608, presently produced in face of the Assemblie be the Commissioners of Aberdene, band and obleist himself to satisfie the Kirk, be communicating betwixt the date thereof and the 17th of July last bypast, otherwayes the ministrie to proceed with the sentence of excommunicatione against him, as in the said band at mair lenth is conteint: Therefore, the Assemblie, all in ane voyce, ordaynes the sentence of excommunicatione presently to be pronuncit against him be the Moderator of the Assemblie, in face of the haill Assemblie, but ony delay; conforme to the qwhilk ordinance, Mr James Law, Bischop of Orknay, Moderator of this present Assemblie, in face thereof, in maist solemne forme, pronuncit the sentence of excommunion against George Marques of Huntlie; qwhilk sentence is ordaynit to be intimat in all the kirks of this realme be the ministry the next Sonday immediately after their returning from this Assemblie; and in speciall, they command and ordayne the brethren of the Synod of Aberdeen and Morray to intimat the said sentence in their kirks immediatelie after their returning, and inhibites and maist straitly charges them, and every ane of them, that they receave nae offers of satisfaction frae the said Marques, but be speciall advyce of his Majestie and the kirk had therto.

The Commissioners appoyntit in the former Sessione for giving in the names of Papists, the causes of their increase, and remedie to obveat the same, producit their particular rolls, containing the saids heads, qwhilk the Assemblie thocht good sould be revisit, abridgit, and put in order be the Bischop of Glasgow, Mr Pat. Simpsone, Mr Wm. Cowper, John Clappertoune, John Hall, and George Hay, to the effect the samen might be presentit be them to the privie conferrence the next morning, that after, they may be intreatit in face of the Assemblie.

Sess. 4^a, Julii 28.

Forsuameikle as the brethren of the Presbyterie of Glasgow and Synod of Clyddisdale quho were appointit to deall and conferre with William Earle of Angus, Lord Dowglass, for bringing of him from blindness and superstitione of Papistrie and Idolatrie to the acknowledging of the trewth profest within this realme, did testifie in presence of the Assemblie, that they saw no appearance in his Lordship of conversione from his errors, but that rather by all evident tokens he was the more obstinat and obdurat in heresie of Papistrie, quhilk he some tyme abjurit before be subscryving of the trew religione presently profest within this realme: Therefore the Generall Assemblie ordaynes the Presbyterie of Glasgow to proceed against the said Earle with the sentence of excommunicatione conforme to the censures of the Kirk, with all possible diligence, and that they pronunce the said sentence against him betwixt and the 18 of September nixt to come, to quhom the Assemblie committs their haill power to that effect; discharging and inhibiting any of them to receave any offers of him for absolving of him from the said sentence, without the advyce of his Majestie and Commissioners of the Assemblie had and obtaynit therto.

Forsuameikle as the brethren of the Presbyterie of Perth quho were appoyntit to deall and conferre with Frances Earle of Erroll, for bringing him from blindness and superstitione of Papistrie and Idolatrie to the acknowledging of the treuth presently profest within this realme, did testifie in presence of the Assemblie that they could see no appearance in his Lordship of conversione from his errors, but rather be all evident tokens he was the mair obstinat and obdurat in his erracie of Papistrie, quhilk he sometyme abjurat before be subscryving of the trew Religion presently profest within this realme: Therefore the Generall Assemblie decerns and ordaynes the Presbytrie of Perth to proceed against the said Frances Earle of Erroll with the censures of the Kirk, until the finall pronuncing of the sentence of excommunicatione against him inclusive, with all possible diligence, and that they pronounce the said sentence betwixt and the 18 day of September nixt to come; to quham the Assemblie committs their full power to that effect, discharging and inhibiting any of them to receave any offers from the said noble Lord for absolveing him from the said sentence, without the advyce of his Majestie and Commissioners of the Assemblie had and obtained thereto.

Forsuameikle as be the declaratione of the brethren of the Presbytrie of Irvine, it was made known to the Assemblie, that after long dealing and conferrence had be them with the Lord Semple for bringing him to the acknowledging of the truth and imbracing of the sincere religione, they could not reap any good fruit of their labours and travills taken with him, but be the contrair he still continowit obstinat and indurat in his detestable error of Papistrie and Idolatrie, to the great hurt and evil example of the rest of the country: Therefore the Generall Assembly presently convenit, charges straitly and commands Mr Alex. Scrymgeour, Moderator of the Presbytrie of Irvine, under the pain of infamie and deprivatione from his functione, to pronunce the sentence of excommunicatione against the said Lord Semple, in the Kirk of Irvine, upon Sonday the 14th of August nixt to come, after the sermone, but any delay or impediment quhatsoever, and that the haill brethren of the Ministrie within the bounds of the Synod of Kyle, Carrick, and Cuninghame, intimat the sentence of excommunicatione so pronuncit against the said Lord Semple, every one of them at their awne Paroche Kirkes, upon Sonday nixt and immediatly following thereafter; discharging also and inhibiting the said Moderator and remanent brethren of the said Synod, to receave any offers or satisfactione from the said Lord Semple, but advyce of his Majestie and Commissioners of the Generall Assemblie had and obtained therto.

Sess. 5. 28 Julii.

The brethren appoyntit of before for reviseing and putting in order of the causes of the increase of Papistrie within this realme, and of the overtures for remeiding and suppressing of the same, gave in the saids causes and remedies thereof, of the quhilk the tenor follows:--

The causes of the increase of Papistrie within this realme are thought either to aryse of the pairt of the Ministrie, or else of wthers causes arysing from the Ministrie: First, their negligence to see the youth in every paroche brought up in the knowledge of the trewth by catechiseing, and careless to urge provision for Schooles within their bounds.

Secondly, The rasche and sudden admissione of men to the ministrie that are not able to withstand and convince the adversary in the dayes of apostacie.

Thirdly, The laike of care in ministers to mark the offences, viz. to consider the course of the enemie, and to discover and dilate Jesuites and traffiquers against religione, and uthers pervertit be them.

Fourthlie, The distraction aryseing amang the ministrie, quhill as diversitie of judgment hes drawne them unadvysedly to contrarietie of affectiones, breeding carnall contentions among themselves.

Overtures for remeiding of the Causses forsaids.

First, That it be of new inactit, that all ministers examine young children of the age of sax yeares, and try that they have the Lord’s Prayer, Beliefe, and Commandments, in the quhilk their parents shall be halden to instruct them before the saids years, together with some schort forme of grace before and after meat, as also some schort morning and evening prayer, and againe, that their growth in greater knowledge of religione be tryit, that afterwards it may please God to grant increase of knowledge at the age of fyftein or saxtein years, they may be admitted to the holy communione.

Secondlie, That the Apostles precept be remembrit;--Lay hands suddenly on no man--And according to it, that for closeing of the doore upon the affectiones of men, some longer tyme be ascryvit for admission of men to the ministrie; the exception of rare gifts being reservit to the judgment of the Generall Assemblie.

Thirdly, That ministers quho shall be found after tryall to have delayit the executione of discipline against Papists upon negligence--that is, either not beginning proces, or, if it be begune, not ending the same within halfe ane year, shall losse ane year’s stipend; and these that shall be fund to have done it upon some corrupt favour, shall be simplie deposit.

Fourthly, That there be recommendit to the ministry ane holy caire mutually to eschew offences, and follow peace and love, quherunto we are callit: the meanes for removing of such offences is referrit to the Generall Assemblie.

Causes of the Growth of Papistrie as they are conceavit, aryseth of utheris.

First, The overseeing of Seminarie Priests and Jesuites to traffique within the land, for perverting of such as hes not occasione to go out of the countrey, and impunitie of such as hes receaved them,--as also, that liberty that evill disposed persones, voyde of knowledge, hes taken of the injurie of tyme, to bring hame the books of apostats and professit Papists.

2dly, The preferment of men suspect of religione to publick offices within this realme.

3dly, The favour schawne be these that are in authoritie to traffiquers and excommunicat Papists after they had been apprehendit and wardit, sic as the Abbot of New Abbay and uther Mess Priests, dimittit as is thought out of ward, not without reward and without all warrand of his Majestie, and presently tollerat in the countrie without persute, quhilk hes not only wrought ane coldness of religione in the hearts of many people, but also nourishit ane false opinione of his Majestie, quhilk opinly bursts out in the mouths and speeches of many.

4thly, That qwheras Presbytries are proceeding in the triall of mess sayers and messe hearers, impediment is made be the Lords of his Majestie’s Councill, either by advocatione before the Lords, or dispensatione to such as are excommunicat, or by contramanding the Presbyteries to desist under the paine of hornying; and that the executione being producit against any persone before the judges, the same is not regardit, but proces grantit unto him as if he were ane member of the kirk not excommunicat.

5thly, The great libertie grantit to the subjects of this kingdome to repaire unto such pairts qwhare nothing is taucht but defection from religion and treason against lawfull princes, and no securitie taken for their constancie, and in speciall, the sending of noblemen’s sonnes by such as are in authoritie, furth of the land, by such convoy as may delyver them into the hands of Papists to be pervertit in religione, qwhereupon many of them are become apostates.

Lastly, The want of preachers in many congregations in this land, so that in ane province thirty-ane kirks are found to be vaickeand, and, in others, some seventeen, as in Nyddesdale, and uthers throw many pairts of the land.

Overtures for remedieing the Causes forsaids.

First, That ane commissione be grantit be his Majestie to the Bischop of every Synod with such well affected noblemen and gentlemen as the Commissioners of the Generall Assemblie shall nominat, to apprehend traffiqueing Papists, Jesuites, and Seminarie Priests that does haunt within their bounds, with power to charge the receipters to make open dores and delyver them, under the paine of treasone.

Secondly, That his Majestie be humbly intreatit, that no Papists nor suspect of Papistrie, beare charge in Councill, Sessione, Government of Townes, nor uther Publick Offices; and if there be any in the estate presently quhom his Heines knawes in his awne wisdome, to be men evil affectit towards religione, that his Majestie wold take order therwith.

Thirdly, That his Majestie will give order for executione of his Heines lawes against Papists and traffiquers with all rigour, and that no favour be grantit be any officer of estate without his Majestie’s privitie, under the paines of incurring his Majestie’s hiche displeasure; as also, that the Councill make no impediment to the letters of hornying to discharge the proceeding of Presbytries against the persones forsaids.

Fourthly, That Papists quho ance have been knawne professors of Papistrie, and for eschewing of civill paines or hope of preferment, will abjure their religion, that his Majestie will please to cause inact, that it shall not be lawfull to such to injoy any office or honor in the Commonewealth, notwithstanding of their oath and communicating, untill fyve yeares probatione had been taken of their constancie and sinceritie in professing of the truth.

Fifthly, That the Act made at Bruntiland concerning the sonnes of noblemen and uthers passing to uther countries be considerit and confirmit, quhereof the tenor follows: Item, for eschewing farther evill quhilk might come to the estate of Religione be the evill educatione of the youth furth of the country, it wold be cravit of his Majestie and Secret Counsell, that sic noblemen and uthers as directs ane pedagogue be knawne godly and of good religione, learnit and instructit in the same, and approvit in his religione be the testimoniall of his Presbytrie;--that their remaining furth of the countrey be in places qwher the Religione is presently profest, or at the leist qwhere there is no restraint of the same be the cruelty of inquisitione;--that dureing the tyme of their absence they shall not haunt any idolatrous exercise of religione, and such as hes not the moyen to sustaine ane pedagogue with their sonnes forth of the countrey, that they send them to such pairts quhere there is no restraint of religione; and in caice their sonnes, after their departure out of the countrie, haunt these pairts where the profession of the trew religione is restraint, that they find caution not to intertaine them: And in caice any that passes furth of the countrie imbrace any uther religione then that qwhilk is presently professit within this realme, and this to be ane exceptione against their service of their brives, and at the tyme of admission of any of them to any office or honors; and in caice any of their parents contraveen any of the premisses, that they incurre such paine as his Majestie and Secret Councell shall modifie, and that such as are already out of the countrey either be callit back againe before ane day to be appoyntit be his Majestie and Secret Councell, or else that their parents be subject to the lyke conditiones as is before sett downe, with such other additions to be eikit be his Majestie as his Heines shall think expedient; and in speciall, for better explanatione heirof, that at every service of any man as air to his father or any his predicessors, he be not servit be the Sheriff or any wther ordinar Judge to burgh or land, as air to his father or any of his predicessors, butt the testimony of the Bishop or Moderator of the Presbytrie quhare he dwells, beirand the confession of his faith and integritie of religione presently profest within this realme.

Saxtly, That the sonnes of such noblemen as profess Papistrie be delyverit to the custodie of uther their noble friends that are of religione, to be brought up in the knawledge of the truth.

Seventhly, That the searchers of merchandise brocht hame from beyond sea, be commandit to sease upon all books brocht hame, and put them to be tryit be the ministrie of the Presbytrie unto the quhilk they arryve, and that all book-sellers lykewise doe the same before they make open sale thereof, under the paine of confiscatione.

Auchtlie, That excommunicat Papists, especially such as be of ranke, be apprehendit and put in close ward, and none have accesse unto them except such as are of religione presently profest.

Ninthly, That his Majestie give order for the down casting of Gicht’s chappell, the house of John Cheine in Esselmonth, quho receipts all Jesuits and Seminarie Priests.

Tenthly, That order be taken with the Pilgrimages, viz., the Chappell callit Ordiquhill and the Chappell of Grace, and to ane well in the bounds of Enzie.

Eleventhlie, That such persons as are or shall be excommunicat and beares publick office within this realme, and thereafter put to the horne, that they nor their deputs shall bruik no office nor auctoritie under his Majestie efter their denunciatione, but that his Majestie shall appoynt wthers in their rowmes to doe and minister justice to his Majestie’s leidges.

Lastly, That his Majestie wald take order anent the planting of the Kirks that are presently destitute of pastors, and in speciall the Kirks of the Chappell Royall.

Quhilks haill causes of increase of Papistrie within this realme, with overtures for remeiding thereof, the Assemblie hes thought expedient that the same be direct to his Majestie, with ane humble supplicatione, requesting his Grace to take such order thereanent, as his Majestie shall think maist expedient for repressing of Papistrie, and increase of the truth and light of the gospell within this realme; quhereunto the Earle of Dumbar, his Majestie’s Commissioner, with the remanent of the nobility presently conveint in this Assemblie, hes promised to concurr: And therefore the Assemblie hes nominat, and be thir presents nominats,

{blank space} Earle of Wigtoune, ArchBishop of Glasgow, {blank space} Livingstoune of Kylsith, Mr William Cowper, minister at Perth, James Nisbet, merchand in Edinburgh, and Mr William Hart, of Presstoune, their very lawful Commissioners, giving them thair full power to present the humble supplicatione of this present Assemblie to his Majestie, together with the causes of increase of Papistrie, and overtures for remeid thereof above rehearsit, desyrand them that they wald maist humbly intreat his Majestie to consider of the same, and if his Heines thocht expedient, to cause the same to be put to executione, and that the rather because, that after the last conventione halden at Lynlithgow, quher there was many good acts and constitutions sett downe and concludit, the Papists, nevertheless, did most prowdly and contemptuously upbraid diverse of the ministrie, menassing them that they or the nobilitie conveint with them at that tyme, durst be bold to conclude any thing that might portend to the prejudice of Papists or Papistrie, as was clearly understood be the brethren conveint in this Assembly.

Sess. 6, 29 Julii, Ante Meridiem.