Chapter XXVII: Part 27

And als with reservation of the house and place of Hamiltoun, biggings and orchards, yeards, and whole pertinents of the same, in so far as the same or any part thereof perteined of before to the Deanrie of Glasgow, which his Majesty and Estates reserves furth of this present act, to his trustie cousin James, Marques of Hamiltoun, and his successours, to be halden of his Majesty and his Heighnes successours, as their immediat superiours thereof for ever. And without prejudice to the burgh of Edinburgh, of whatsumever rents, profites, tenements, annualrents, teynd-sheaves, and other commodities given, granted, and disponed to them for entertainment of their hospitals, colledge, and ministrie. And siklike but prejudice of whatsomever teynds, few-mails, or annualrents which perteined of auld to the saids chapters in common, or to any Prebendar in particular, disponed by his Majesty to any colledge within the University of Sanct-Androes, masters or bursers thereof, which his Majesty, with advice of the Estates, declares shall not be prejudged by this present act. And als according to the restrictions, exceptions, and limitations, conceived in favours of fewars, tacksmen, and others havand right particularly set down and expressed in the second act of his Majestie’s eighteenth Parliament, concerning the restitution of the estate of bishops. Which restrictions, exceptions, and limitations, are halden as repeated and exprest in this present act. And to the effect, that all sick persons who are and have been tenents and vassals to deanes and other members of Cathedral Kirks may be in certainty known, and by whom they should be entred and received in the lands and others halden by them of the saids deane and members, or any of them,

Therefore it is statute and ordeined by our Soveraigne Lord and Estates, That when any sik occasion shall offer of receiving or entring of vassals, or of changing of tennents who comes in the vassal’s places, either by alienation of the vassals, or comprysing from him, or by any other lawfull manner, the direct superiour of whom the said vassall immediatly held, shall be astricted and halden to do the same, and to enter all sik persons by himself, (they doing their duety to their superiors as apperteins.) In the which case, Our Soveraigne Lord and Estates declares the consent of the Prelate, or remanent members of his chapter, no wayes to be necessar to the said entry or change of tennents. And because the priory of Sanct-Andrewes is now erected in ane temporal living and lordship, the Prior whereof in former times was alwayes deane of the chapter of Sanct-Andrewes, and the chanons thereof were the members of the said chapter which are now all abolished, and to the effect there be not wanting ane chapter to the said Kirk.

Our Soveraigne Lord, with advice foresaid, declares that the ministers serving the cure at the Kirks under-written, present and to come, shall be esteemed the chapter thereof: they are to say, the Prior of Portmook, who is principal of S. Leonard’s Colledge, and deane of the Chapter: the arch-dean of S. Andrewes; the Vicar of S. Andrewes; the Vicar of Leuchers; the Vicar of Cowper; the Provest of Kirkhill; the Parson of Dysert; the Vicar of Forgond; the Vicar of Inshture; the Vicar of Kincaird; the Vicar of Fowles; the Vicar of Eglishgreig; the Vicar of Rossie; the Vicar of Linlithgo; the Vicar of Scoone; the Vicar of Fordun; the Vicar of Forgund in Fyfe; the Deane of Restalrig; the Deane of Dumbar; the Vicar of Kettill; the Vicar of Kennoway; the Vicar of Merkinch; the Vicar of Falkland; and the Vicar of Abercrombie; being all twenty foure persons. Which persons shall have the administration, doing and performing of the affairs belonging to the said bishoprick, and for the weale of the said Cathedral Kirk, which were done of before by the prior and his chanons. And concerning the election of the Archbishop of the said see, whensoever the same shall hereafter vaik,

Our Soveraigne Lord, with advise foresaid, declares, statutes, and ordeins the said Arch-bishop to be elected by eight bishops of his diocy. They are to say, the Bishop of Dunkeld; the Bishop of Aberdein; the Bishop of Brechin; the Bishop of Dumblain; the Bishop of Ross; the Bishop of Murray; the Bishop of Orkney; and the Bishop of Caithness. And by five ministers serving the cure of the Kirks under-written, to wit, the Principal of S. Leonard’s Colledge; the Arch-deane of S. Andrewes; the Vicar of S. Andrewes; the Vicar of Luchars; and the Vicar of Cowper. Which bishops and ministers, or the most part of them, shall have power in all time to come to elect the Arch-bishop whenever the see shall vaik, and shall remain hereafter the chapter appointed by our Soveraigne Lord and Estates for the election foresaid. The Vicar-general for conveining of the which electors, our Soveraigne Lord and Estates declares to be now and in all time comming, the Bishop of Dunkeld, who shall happen be for the time. And siklike, Our Soveraigne Lord, with advise of his Estates, declares, statutes, and ordeins, that the Archbishop of Glasgow, whensoever that see shall vaik, shall be elected by the three Bishops of his diocie, to wit, the Bishop of Galloway, the Bishop of Argyle, the Bishop of the Iles, being for the time, and by his ordinar chapter, or the most part of them, the Bishop of Galloway being alwayes conveiner of the saids electors to the said election. Which persons shall have power onely in the said election, seeing it is the expresse will and ordinance of his Majesty and Estates, that the auld and ordinar chapter of Glasgow, and the other chapter above-written, appointed for the see of Sanct-Andrewes, as said is, shall have the only administration of these things, concerning the affairs tending to the weal of their Cathedral Kirks, and belonging thereto, as the auld chapter formerly had, and these others chapters before-mentioned, appointed allanerly for election of the saids Arch-bishops, shall no wayes be derogatory to the others ordinary chapters established for the handling of the affairs of their seas in manner above-written.

IX.

A Ratification of the Five Articles of the General Assembly of the Kirk, halden at Perth in the Moneth of August 1618.

4th August 1621.

Our Soveraigne Lord, with the advice and consent of the Estates of Parliament presently conveened, ratifies and approves the acts of the General Assembly of the Kirk, halden at Perth the xxv. day of August, the year of God 1618, and concluded the twenty-seventh of the same moneth, _Sessione secunda_. Whereof the tenour followeth.

1. Since we are commanded by God himselfe, that when we come to worship him, we fall down and kneele before the Lord our Maker, and considering with all, that there is no part of Divine worship more heavenly and spiritual, then is the holy receiving of the blessed body and blood of our Lord and Saviour Jesus Christ: Lyke as the most humble and reverend gesture of the body in our meditation and lifting up of our hearts, best becometh so divine and sacred an action. Therefore, notwithstanding that our Kirk hath used since the Reformation of religion, to celebrate the holy communion to the people sitting, by reason of the great abuse of kneeling used in the idolatrous worship of the sacrament by the Papists: Yet now, seeing all memory of by-past superstition is past, In reverence of God, and in due regard of so divine a mystery, and in remembrance of so mystical ane union, as we are made partakers of: The Assembly thinketh good, that that blessed sacrament be celebrated hereafter meekly and reverently upon their knees.

2. _Item_, If any good Christian visited with long sickness, and knowne to the pastor; by reason of his present infirmity, unable to resort to the Kirke, for receiving of the holy communion, or being sick, shall declare to the pastor upon his conscience, that he thinkes his sickness to be deadly, and shall earnestly desire to receive the same in his house: The minister shall not deny to him so great a comfort, lawful warning being given to him upon the night before, and that there be three or foure of good religion and conversation, free of lawful impediments, present with the sick person to communicate with him, who must also provide a convenient place in his house; and all things necessary for the reverend administration thereof, according to the order prescrived in the Kirke.

3. _Item_, The minister shall often admonish the people, that they defer not the baptising of infants, any longer then the next Lord’s day after the child be borne, unlesse upon a great and reasonable cause declared to the minister, and by him approved. As also they shall warne them, that without great cause they procure not their children to be baptized at home in their houses, but when great need shall compell them to baptize in privat houses, (in which case, the minister shall not refuse to do it, upon the knowledge of the great need, and being timely required thereto,) then baptisme shall be administred after the same forme as it should have been in the congregation. And the minister shall the next Lordes day after any such private baptisme, declare in the Kirke, that the infant was so baptized, and therefore ought to be received as one of the true flocke of Christ’s folde.

4. _Item_, Forasmuch as one of the most special meanes for staying the increase of Poperie, and settling of true religion in the hearts of the people, is, That a special care be taken in tryal of young children their education, and how they are catechized; Which in time of the primitive kirk was most carefully attended, as being most profitable to cause young children, in their tender yeares, drink in the knowledge of God and his religion, but is now altogether neglected in respect of great abuse and errours which crept into the Popish Kirk, by making thereof a sacrament of confirmation: Therefore, that all superstitions built thereupon may be rescinded, and that the matter it selfe being most necessary for the education of the youth, may be reduced to the primitive integrity.

It is thought good that the minister in every parish shall catechize all young children of eight yeares of age, and see that they have the knowledge, and be able to make rehearsal of the Lord’s Prayer, Belief, and Ten Commandments, with answers to the questions of the small Catechisme used in our kirke: And that every bishop in his visitation shall censure the minister who shall be found remiss therein, and the saides bishopes shall cause the saides children to be presented before them, and blesse them with prayer for the increase of their knowledge, and continuance of God’s heavenly graces with every one of them.

5. _Item_, As wee abhorre the superstitious observation of festival dayes by the Papists, and detest all licentious and profane abuse thereof, by the common sort of professors; So we think, that the inestimable benefites receaved from God, by our Lord Jesus Christ, his birth, passion, resurrection, ascension, and sending down of the Holy Ghost, was commendably and godly remembered, at certain particular dayes and times by the whole kirk of the world; and may be also now. Therefore the Assembly ordaines, that every minister shall upon these dayes have the commemoration of the foresaids inestimable benefits, and make choice of several and pertinent texts of Scripture, and frame their doctrine and exhortations thereto; and rebuke all superstitious observation and licentious profanation thereof.

Which articles and ordinances, Our Soveraigne Lord, with advice and consent of the Estates, statutes and ordaines to be obeyed and observed by all his Majesties subjects as lawes in time comming; Annulling and rescinding whatsomever other acts of Parliament, constitutions and customes, in so farre as they are derogative to any of the articles above-written.

X.

Ratification and addition to the Act of Parliament, made anent Restitution of Chaptours.

4th August 1621.

Our Soveraign Lord, and Estates of this present Parliament, ratifies and approves the act of Parliament made in the moneth of Junii, in the year of God one thousand, six hundred, seventeene years, anent restitution of chaptours of cathedral kirks, in all the heads, clauses, exceptions, limitations, and restrictions thereof. And further, Ordaines and declares, That all deeds done since the date of the said act, or to be done hereafter, whereby any member of any cathedral kirke, being an office or dignity, hath been or shall be supprest, or any land, parsonage, vicarage, or other living, belonging to the said dignity dissolved from the same, without an expresse warrand from his Majesty, and consent of Parliament, are, and shall bee, with all that have followed, or shall follow thereupon, null, and of no force, nor effect: and shall be so founde in all tyme hereafter, by way of action, exception, or replye. Providing alwayes, the Marquess of Hamilton his right to the parsonage of Hamilton and Dalserffe: The Earl of Marre his right to the parsonage of Carnwath: and any other parson having lawful rights conforme to the lawes of the country, before the act of Parliament, in anno one thousand, sixe hundreth, and seaventeen yeares; be no wayes hurt, or prejudged herein.

* * * * *

The foregoing Acts of Parliament constitute the main statutory enactments of the State by which the Church Government in Scotland was transformed from Presbytery to Episcopacy. There were other acts passed, bearing reference to Church affairs, in the first Parliament of King Charles I., 28th June 1633, such as that anent His Majestie’s Royal Prerogative and Apparel of Kirkmen--anent His Majestie’s annuity of Tiends--the Submissions and Decrees-arbitral anent the valuation of Tiends, &c.; but these being easily accessible to all, and not immediately necessary for illustrating the revolution which took place in the Church during the period with which we are at present concerned, it is not necessary here to include them.

EDINBURGH PRINTING COMPANY.

FOOTNOTES:

[1] These MS. copies are sometimes referred to as _Abstracts_ or _Abridgments_. Neither of these characters, however, strictly speaking, is attributable to them; and _Excerpts_ or _Abbreviates_ are the more appropriate designation: for although in some instances there are chasms occasioned by mutilation of the original Record whence they were copied, and although they do not contain all the proceedings at every sederunt, there is the strongest presumption, arising both from internal and from authentic collateral evidence, that so far as these excerpts extend, they are substantially and truly fair transcripts from the original Record. This, however, is not the place to discuss this point.

[2] Vide pages 203, 207, 314, 315.

[3] See printed Acts of Assembly, 1638, 1639, and “Records of Kirk of Scotland,” pp. 22, 23, and 205.

[4] Vide Acts of Assembly, 1638, and “Records of the Kirk of Scotland,” Acts, Sessio 7, Nov. 28, p. 22; Sessio 16, Dec. 8, p. 28; Sessio 23, 24, Dec. 17, 18, p. 34, &c.

[5] Pp. 500, 507, 513, 523, 534, 558, 560, 562, 567, 572, 574, 589, 598, 668.

[6] Report of Committee on Church Patronage--Scotland, pp. 355-375, 450, 451.

[7] Acts of Parl. vol. ii. p. 526.

[8] Acts of the Parliament of Scotland, vol. ii. p. 535. (Mr Thomson’s Edit.)

[9] Acts of the Parliament of Scotland, vol. ii. p. 535. (Mr Thomson’s edit.)

[10] That is, the _Mount_ or Highlands; probably the Grampian range.

[11] Acts, vol. ii. p. 606.

[12] Vide Acts, vol. ii. p. 548.

[13] Acts of Parl. vol. iii. p. 35.

[14] The several passages enclosed in brackets were originally in the minutes, but are marked as delete in the printed Acts, conformably to the record.

[15] Acts, vol. iii. p. 23, renewed as passed in 1560.

[16] Calderwood and Crawford make this Assembly in _April_ 1577.

[17] Note in an old hand on the copy transcribed,--“Here in ane old folio MS. I find y^r ar two leaves and a page blank, q^{ch} I suppose is pairt of that which was torn out by Adamson, B. of St Andrews. I mark the after blanks as I find them.”

[18] “In an old folio MS. I find 2 leaves here blank.” Note on copy, in an old handwriting.

[19] “In the old folio MSS. there is here a leafe blank.” Note on copy.

[20] “Here in the foresaid MSS. there is a leafe blank. Calderwood remarks here as followis, p. 92:--‘There wanteth here in this Register, if my copy be conform, a part of the third Session--the whole 4, 5, 6, and part of the 7, riven out as the rest of the minuts by the sacrilegiouse hand in the year 1584, q^r the submissions of the Bischops of Glasgow, St Andrews, and the Isles, were set down; yet I find in Mr James Carmichael his Observations, who was present as Commissioner to this Assembly, that they agried,’ &c. Vide Print.”--Note on copy of Book transcribed.

[21] “Here Cromarty’s Copy, and the originall, wants three or four leaves.” Note on MS. copy.

[22] “Here in the MSS. there is a blank of a leafe, and on the margine this--‘Condemnation of Bishops reiterat.’” Note on copy.

[23] Notes on Copy transcribed.--“Calderwood here inserts--Matters to be treated in Provinciall Assembles, p. 208, and afterwards to be tryed in the Presbytry, p. 209.” “Cromarty’s copy here hath--Matters to be handled in y^e Provincialls.”

[24] Sic in MSS.

[25] Notes on copy transcribed:--

“In the MS. Minutes forcited, there are Minutes of two Assemblies, June 17, 1589, and March 3, 1589.

“In the foresaid MSS. Fol. after this there followes thus in titulo:--17 Junii 1589, and 3 March 1590, and then a blank of four leaves.--N.B. That Calderwood passes the Assembly, June 17, 1589, altogether, and gives the Minutes of the Assembly, March 1590, p. 254.--Vide print. Mr Crawford has some accompt of the Assembly, June 17, 1589, distinct from the MS. Minutes, and passes Calderwood, Assembly, March 1590.”

[26] The MSS. Minutes before cited add--“Here beginns the Fyfth Book.”

[27] Acts, (Mr Thomson’s edit.) vol. iii. p. 58.

[28] Acts, vol. iii. p. 89. A Commission to a similar effect appointed, 15th July 1578.--Acts, vol. iii. p. 105.

[29] Acts, vol. iii. p. 95.

[30] Acts, vol. iii. p. 137.

[31] Acts, vol. iii. p. 137.

[32] Acts, vol. iii. p. 211.

[33] Acts, vol. iii. p. 210.

[34] Acts, vol. iii. p. 212.

[35] Acts, vol. iii. p. 292.

[36] Ibid. p. 293.

[37] Acts, vol. iii. p. 292.

[38] Acts, vol. iii. p. 293.

[39] Acts, vol. iii. p. 293.

[40] Acts, vol. iii. p. 541.

[41] Acts, vol. iii. p. 542.

[42] Calderwood MS. vol. iv. p. 310.

[43] Probably a clerical error.

[44] “Calderwood and Crawford have 1596.” “In the MSS. this is 1595.” “This holds in the Fol. MSS.” [Notes in MS. copied.]

There is some ambiguity as to the date of this Assembly, both as to year and month. In several sederunts “March” is interlined above “May,” which latter month is inconsistent with that in the first sederunt. It was evidently the first after the Assembly 1595.--ED.

[45] This Assembly ante-dated by the King.--Calderwood, p. 446. Letter from James Melvill and Howison.--_Ibid._

[46] Calderwood and Mr Crawford have it November. This Assembly postponed by proclamation.--Calderwood, p. 459.

[47] Vide Acts of Assembly 1638--(4th Dec.)--Records of the Kirk of Scotland, p. 24.

[48] Ibidem--Records, p. 205.

[49] On the margin of each of the sections in this chapter, marked with asterisks, (viz. 17, 18, 19, 20, 21, 28, 29, 30, 31,) there is a reference written in precisely the same words: “_Jac. 6, p. 12, c. 114, 3 Junie 1592_.” This is in a handwriting, and in ink, evidently different from those in the text--and must have been superinduced subsequently to the act of Parliament 1592, to which these references plainly allude. The date and chapter, however, cited, do not coincide with those of the charter of the Presbyterian Kirk. In the common 12mo old edition of the Acts, the date is _fifth_ June, not _third_, and the chapter is 116, not 114, as noted in these marginal references. But notwithstanding these discrepancies, it is extremely probable that the Presbytery of Haddington having, in obedience to the act of Assembly of Aug. 1590, subscribed the Book of Policie, in Sept. 1591, (the year before the act of 1592 was passed,) the Official Custodier of their copy had engrossed these marginal jottings upon it, soon after the passing of the act of Parliament 1592, for the purpose of pointing out those articles in the Book of Policie, which had been _sanctioned by Parliament_, so as to _mark_ what had been adopted, and to distinguish such articles from those which had not been acceded to. That this was the case may be inferred from a comparison of the terms of these articles, and of the act 1592.

It may not be deemed much out of place to remark here, that we were not a little surprised to see in the pleadings from the bar in the Auchterarder case, and in the opinion of one of the Judges, an argument maintained, seemingly with much confidence, rested on certain marginal memoranda, said to be found in Spottiswood’s History, with reference to a conference held at Stirling, in 1578, betwixt Commissioners of the Estates and Commissioners of the Kirk; the ground of confidence in these memoranda being, that Spottiswood had “set down the form of policy as it was presented, with the notes of _their agreement_ and _disagreement_, as they stand in the original, which (says the Book) _I have by me_.”--(Spottiswood’s Hist. p. 289.)

Now, all the argument alluded to is grounded on the hypothesis, that Spottiswood’s _printed_ History is an authentic and credible authority. But this is by no means the case: and without going into any lengthened statement, we shall suggest two objections which appear to render the History _ascribed_ to Archbishop Spottiswood, unworthy of credit. In the first place, the only MS. of the Archbishop’s work (reputed to be either the original or a revised copy) is in the Advocates’ Library, and in that MS. not one word of the passage quoted--of the Book of Policy--or of the marginal notes, is to be found; nor (so far as we can discover) any reference to these. And independently of this, the whole MS. is so much mangled and interpolated, and large additions made to it, that it is impossible, without strong collateral evidence, to assume _any thing_ in the _printed_ Book as bearing Spottiswood’s personal testimony. But _secondly_, there is a _prima facie_ presumption against the authenticity of that printed history, independently of its being destitute of any proper voucher. The Archbishop died in the end of the year 1639. In the publisher’s preface to the first edition of it, which was published in 1655, that is, sixteen years after the Archbishop’s death, we are told that “a copy of it lighted into ingenuous and noble hands;”--and in the close of the Life prefixed, we are told that it “was like an infant of the Israelites in an ark of reeds.” This is the whole amount of information given with respect to the history generally ascribed to Spottiswood! That the unfortunate Prelate left a MS. history, or fragments, we have no doubt; but we have never seen any evidence to show, that the published book corresponds with what he had written; and therefore we conclude that that work, as we now have it, is altogether spurious, and that it cannot safely be relied on as an authority, much less as a record of the individual _testimony_ of the Archbishop, whatever be its complexion, on any one point in the transactions of those times. There are various minute particulars in regard to the copy of the Book of Policie, and Notes in that work, which we may hereafter have occasion to notice, but which would be unsuitable in this place.

[50] On the margin of the Haddington copy of the Book of Policy, opposite to this section, there is a note written, but not in the same handwriting as the Book itself. It seems to have been added as a scriptural authority for the provision in this article, and is in the following terms: “Tim. 5, 17. The eldars that rule wel are worthie of double honour, speciallie they which labour in word and doctrine.” And interjected and interlined with sections 26 and 27, are some lines, containing an extract from Beza’s translation of the New Testament, which, however, it is unnecessary to insert here.

[51] In the other copy it is “according to the custome of his longanimitie.”

[52] “Aberdeen.”

[53] This transcript of the minutes of the Assembly 1606 is taken from the more ancient copy of the two in the Advocates’ Library, and this is the last Assembly the proceedings of which are contained in that copy. The acts of this Assembly are omitted at the proper place in the more modern copy which we have used, but interjected at a subsequent part of the volume among various miscellaneous documents not referable to that period. The more ancient copy, however, is now preferred.

[54] The acts of this Assembly were ratified by act of the Parliament in 1612, a copy of which is inserted in the MS. of the Booke; but instead of including it here, it is annexed in the subjoined Appendix of contemporary documents.

[55] There must be some mistake here. The 2d Session of this Assembly was on the 14th of August,--and if the 15th Session was on the 15th, the Assembly must have had thirteen sederunts in the course of one night. But the number is given as we have it in the MS.

[56] None of the documents marked with an asterisk referred to in these minutes are to be found in either of the copies of the _Booke_ to which we have had access. But the tenor will be supplied in the proper place, from the most authentic sources of information, if we can discover them.

[57] The Confession here alluded to is not inserted in the MS. copied; but it will be given among the documentary illustrations in the _Notes_.

TRANSCRIBER’S NOTE

Footnote [49] has nine references (anchors) marked with a *.
Footnote [56] has three references also marked with a *.

Except for those changes noted below, all misspellings in the text,
and inconsistent or archaic usage, have been retained.

Pg iii: ‘Acts of the Genera’ replaced by ‘Acts of the General’.
Pg 81 Footnote [12]: ‘vol. ii. p. 54^o’ replaced by
‘vol. ii. p. 548’.
Pg 92: ‘31. Anent’ probably meant to be ‘13. Anent’ but has not
been changed.
Pg 150: ‘[15]73-74' replaced by ‘(15)73-74' to avoid confusion
with Footnote numbering.
Pg 170: ‘was decern to be’ replaced by ‘was decerned to be’.
Pg 340: ‘Patrick Simpso’ replaced by ‘Patrick Simpsone.’.
Pg 396: ‘in he end’ replaced by ‘in the end’.